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

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

Vol. 162 WASHINGTON, THURSDAY, JANUARY 28, 2016 No. 17 House of Representatives The House met at 2 p.m. and was PLEDGE OF ALLEGIANCE 4123. A letter from the Administrator, Rural Housing Service, Rural Development, called to order by the Speaker pro tem- The SPEAKER pro tempore. The pore (Mr. SENSENBRENNER). Department of Agriculture, transmitting the Chair will lead the House in the Pledge Department’s final rule — Community Fa- f of Allegiance. cilities Technical Assistance and Training The SPEAKER pro tempore led the Grants (RIN: 0575-AD02) received January 15, DESIGNATION OF THE SPEAKER Pledge of Allegiance as follows: 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added PRO TEMPORE I pledge allegiance to the Flag of the by Public Law 104-121, Sec. 251; (110 Stat. The SPEAKER pro tempore laid be- United States of America, and to the Repub- 868); to the Committee on Agriculture. 4124. A letter from the Secretary, Bureau fore the House the following commu- lic for which it stands, one nation under God, of Consumer Protection/Enforcement, Fed- indivisible, with liberty and justice for all. nication from the Speaker: eral Trade Commission, transmitting the WASHINGTON, DC, f Commission’s final rule — Administrative January 28, 2016. ADJOURNMENT FROM THURSDAY, Debt Collection Procedures received January I hereby appoint the Honorable F. JAMES JANUARY 28, 2016, TO MONDAY, 20, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); SENSENBRENNER, Jr. to act as Speaker pro Added by Public Law 104-121, Sec. 251; (110 tempore on this day. FEBRUARY 1, 2016 Stat. 868); to the Committee on Financial PAUL D. RYAN, The SPEAKER pro tempore. Without Services. Speaker of the House of Representatives. 4125. A letter from the General Counsel, objection, when the House adjourns Federal Housing Finance Agency, transmit- f today, it shall adjourn to meet on Mon- ting the Agency’s final rule — Members of PRAYER day, February 1, 2016. Federal Home Loan Banks (RIN: 2590-AA39) There was no objection. received January 15, 2016, pursuant to 5 Reverend Dr. Kurt Gerhard, St. Pat- f U.S.C. 801(a)(1)(A); Added by Public Law 104- rick’s Episcopal Church, Washington, 121, Sec. 251; (110 Stat. 868); to the Committee D.C., offered the following prayer: ADJOURNMENT on Financial Services. O merciful God, be with these United 4126. A letter from the Secretary, Securi- The SPEAKER pro tempore. Without ties and Exchange Commission, transmitting States and especially with the elected objection, the House stands adjourned Representatives of this 114th Congress. the Commission’s Major interim final rules until noon on Monday next for morn- — Simplification of Disclosure Requirements As they debate and vote on legislation ing-hour debate and 2 p.m. for legisla- for Emerging Growth Companies and For- that will determine the future path of tive business. ward Incorporation by Reference on Form S- this country, open their hearts and There was no objection. 1 for Smaller Reporting Companies [Release minds to the needs of all people, but Thereupon (at 2 o’clock and 2 min- No.: 33-10003; File No.: S7-01-16] (RIN: 3235- make them especially aware of those utes p.m.), under its previous order, the AL88) received January 15, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added by Public Law who are ignored or forgotten, the House adjourned until Monday, Feb- downtrodden and marginalized, those 104-121, Sec. 251; (110 Stat. 868); to the Com- ruary 1, 2016, at noon for morning-hour mittee on Financial Services. among our citizenry whose voices and debate. 4127. A letter from the Assistant General needs are overwhelmed by the noisy f Counsel for Legislation, Regulation and En- clamor of the world because it is these ergy Efficiency, Department of Energy, people who most need the representa- EXECUTIVE COMMUNICATIONS, transmitting the Department’s final rule — tion and leadership of this House. ETC. Energy Conservation Program for Consumer We ask this all in the name of the Under clause 2 of rule XIV, executive Products: Test Procedures for Residential one God: the Creator, redeemer, and communications were taken from the Furnaces and Boilers [Docket No.: EERE- sustainer of every nation. 2012-BT-TP-0024] (RIN: 1904-AC79) received Speaker’s table and referred as follows: January 15, 2016, pursuant to 5 U.S.C. Amen. 4122. A letter from the Congressional Re- 801(a)(1)(A); Added by Public Law 104-121, f view Coordinator, Animal and Plant Health Sec. 251; (110 Stat. 868); to the Committee on Inspection Service, Department of Agri- Energy and Commerce. THE JOURNAL culture, transmitting the Department’s final 4128. A letter from the Assistant Secretary The SPEAKER pro tempore. The rule — Exportation of Live Animals, Hatch- for Legislation, Department of Health and Chair has examined the Journal of the ing Eggs, and Animal Germplasm From the Human Services, transmitting the Depart- United States [Docket No.: APHIS-2012-0049] ment’s Report to Congress on the Perform- last day’s proceedings and announces (RIN: 0579-AE00) received January 20, 2016, ance Evaluation of Accreditation Bodies to the House his approval thereof. pursuant to 5 U.S.C. 801(a)(1)(A); Added by under the Mammography Quality Standards Pursuant to clause 1, rule I, the Jour- Public Law 104-121, Sec. 251; (110 Stat. 868); to Act of 1992, as amended by the Mammog- nal stands approved. the Committee on Agriculture. raphy Quality Standards Reauthorizaton

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.

H373

VerDate Sep 11 2014 02:41 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A28JA7.000 H28JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H374 CONGRESSIONAL RECORD — HOUSE January 28, 2016 Acts of 1998 and 2004 for January 1, 2014 — cial Package Air Conditioning and Heating 4144. A letter from the Acting Director, Of- December 31, 2014; to the Committee on En- Equipment and Commercial Warm Air Fur- fice of National Marine Sanctuaries, Na- ergy and Commerce. naces [Docket Nos.: EERE-2013-BT-STD-0007 tional Oceanic and Atmospheric Administra- 4129. A letter from the Director, Regu- and EERE-2013-BT-STD-0021] (RIN: 1904-AC95 tion, transmitting the Administration’s final latory Management Division, Environmental and 1904-AD11) received January 19, 2016, pur- rule — Boundary Expansion of Thunder Bay Protection Agency, transmitting the Agen- suant to 5 U.S.C. 801(a)(1)(A); Added by Pub- National Marine Sanctuary; Correction and cy’s final rule — Approval and Promulgation lic Law 104-121, Sec. 251; (110 Stat. 868); to the Expansion of Fagatele Bay National Marine of Air Quality Implementation Plans; Colo- Committee on Energy and Commerce. Sanctuary, Regulatory Changes, and Sanc- rado; Revisions to Common Provisions and 4136. A communication from the President tuary Name Change; Correction [Docket No.: Regulation Number 3; Correction [EPA-R08- of the United States, transmitting notifica- 150821762-5762-01] (RIN: 0648-BF13) received OAR-2015-0493; FRL-9941-46-Region 8] re- tion that the national emergency regarding January 19, 2016, pursuant to 5 U.S.C. ceived January 20, 2016, pursuant to 5 U.S.C. terrorists who threaten to disrupt the Middle 801(a)(1)(A); Added by Public Law 104-121, 801(a)(1)(A); Added by Public Law 104-121, East peace process is to continue in effect Sec. 251; (110 Stat. 868); to the Committee on Sec. 251; (110 Stat. 868); to the Committee on beyond January 23, 2016, pursuant to 50 Natural Resources. Energy and Commerce. U.S.C. 1622(d); Public Law 94-412, Sec. 202(d); 4145. A letter from the Ombudsman for En- 4130. A letter from the Director, Regu- (90 Stat. 1257) (H. Doc. No. 114—93); to the ergy Employees, Occupational Illness Com- latory Management Division, Environmental Committee on Foreign Affairs and ordered to pensation Program, Department of Labor, Protection Agency, transmitting the Agen- be printed. transmitting the Department’s 2014 Annual cy’s direct final rule — Approval and Pro- 4137. A letter from the Assistant Director Report of the Ombudsman for the Energy mulgation of State Implementation Plan Re- for Regulatory Affairs, Office of Foreign As- Employees Occupational Illness Compensa- visions; Rules, Public Notice and Comment sets Control, Department of the Treasury, tion Program of the United States Depart- Process, and Renumbering; Utah [EPA-R08- transmitting the Department’s final rule — ment of Labor, pursuant to 42 U.S.C. 7385s- OAR-2015-0371; FRL-9932-59-Region 8] re- Iranian Transactions and Sanctions Regula- 15(e); Public Law 106-398, Sec. 1 (as amended ceived January 20, 2016, pursuant to 5 U.S.C. tions received January 20, 2016, pursuant to 5 by Public Law 108-375, Sec. 3161); (118 Stat. 801(a)(1)(A); Added by Public Law 104-121, U.S.C. 801(a)(1)(A); Added by Public Law 104- 2185); to the Committee on the Judiciary. Sec. 251; (110 Stat. 868); to the Committee on 121, Sec. 251; (110 Stat. 868); to the Committee 4146. A letter from the Acting Chief, Office Energy and Commerce. on Foreign Affairs. of Regulatory Affairs, Bureau of Alcohol, To- 4131. A letter from the Director, Regu- 4138. A letter from the Chairman of the bacco, Firearms and Explosives, Department latory Management Division, Environmental Board of Trustees, Open World Leadership of Justice, transmitting the Department’s Protection Agency, transmitting the Agen- Center, transmitting the Center’s 2014 An- final rule — Machineguns, Destructive De- cy’s final rule — Propanoic acid, 2-methyl-, nual Report; to the Committee on Foreign vices and Certain Other Firearms; Back- monoester with 2,2,4-trimethyl-1,3- Affairs. ground Checks for Responsible Persons of a pentanediol; Exemption from the Require- 4139. A letter from the Clerk, U.S. House of Trust or Legal Entity With Respect To Mak- ment of a Tolerance [EPA-HQ-OPP-2015-0373; Representatives, transmitting a list of re- ing or Transferring a Firearm [Docket No.: FRL-9941-17] received January 20, 2016, pursu- ports created by the Clerk, pursuant to Rule ATF 41F; AG Order No.: 3608-2016] (RIN: 1140- ant to 5 U.S.C. 801(a)(1)(A); Added by Public II, clause 2(b), of the Rules of the House (H. AA43) received January 19, 2016, pursuant to Law 104-121, Sec. 251; (110 Stat. 868); to the Doc. No. 114—94); to the Committee on House 5 U.S.C. 801(a)(1)(A); Added by Public Law Committee on Energy and Commerce. Administration and ordered to be printed. 104-121, Sec. 251; (110 Stat. 868); to the Com- 4132. A letter from the Chief of Staff, Media 4140. A letter from the Deputy Assistant mittee on the Judiciary. Bureau, Federal Communications Commis- Administrator for Regulatory Programs, 4147. A letter from the Project Manager, sion, transmitting the Commission’s final NMFS, National Oceanic and Atmospheric Regulatory Coordination Division, U.S. Citi- rule — Amendment of Parts 73 and 74 of the Administration, transmitting the Adminis- zenship and Immigration Services, Depart- Commission’s Rules to Establish Rules for tration’s final specifications — Pacific Island ment of Homeland Security, transmitting Digital Low Power Television and Television Pelagic Fisheries; 2015 U.S. Territorial the Department’s final rule — Enhancing Op- Translator Stations [MB Docket No.: 03-185]; Longline Bigeye Tuna Catch Limits for the portunities for H-1B1, CW-1, and E-3 Non- Expanding the Economic and Innovation Op- Commonwealth of the Northern Mariana Is- immigrants and EB-1 Immigrants [CIS No.: portunities of Spectrum Through Incentive lands [Docket No.: 150615523-5911-02] (RIN: 2515-11; DHS Docket No.: USCIS-2012-0005] Auctions [GN Docket No.: 12-268]; Amend- 0648-XD998) received January 15, 2016, pursu- (RIN: 1615-AC00) received January 20, 2016, ment of Part 15 of the Commission’s Rules to ant to 5 U.S.C. 801(a)(1)(A); Added by Public pursuant to 5 U.S.C. 801(a)(1)(A); Added by Eliminate the Analog Tuner Requirement Law 104-121, Sec. 251; (110 Stat. 868); to the Public Law 104-121, Sec. 251; (110 Stat. 868); to [ET Docket No.: 14-175] received January 19, Committee on Natural Resources. the Committee on the Judiciary. 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added 4141. A letter from the Assistant Adminis- 4148. A letter from the Deputy Undersecre- by Public Law 104-121, Sec. 251; (110 Stat. trator for Fisheries, NMFS, National Oce- tary, International Affairs, Department of 868); to the Committee on Energy and Com- anic and Atmospheric Administration, trans- Labor, transmitting the Department’s third merce. mitting the Administration’s final rule — biennial report to Congress on the Progress 4133. A letter from the Division Chief, Fisheries of the Caribbean, Gulf of Mexico, in Implementing Chapter 16 (Labor) and Ca- Broadband Division, Wireless Telecomm. Bu- and South Atlantic; Reef Fish Fishery of the pacity-Building under the Dominican Repub- reau, Federal Communications Commission, Gulf of Mexico; Greater Amberjack Manage- lic — Central America — United States Free transmitting the Commission’s final rule — ment Measures [Docket No.: 150817720-5999-02] Trade Agreement, pursuant to 19 U.S.C. Expanding the Economic and Innovation Op- (RIN: 0648-BF21) received January 15, 2016, 4111(a); Public Law 109-53, Sec. 403(a); (119 portunities of Spectrum Through Incentive pursuant to 5 U.S.C. 801(a)(1)(A); Added by Stat. 496); to the Committee on Ways and Auctions [GN Docket No.: 12-268] received Public Law 104-121, Sec. 251; (110 Stat. 868); to Means. January 19, 2016, pursuant to 5 U.S.C. the Committee on Natural Resources. 4149. A letter from the Director, Office of 801(a)(1)(A); Added by Public Law 104-121, 4142. A letter from the Acting Director, Of- Legislative Affairs, Federal Deposit Insur- Sec. 251; (110 Stat. 868); to the Committee on fice of Sustainable Fisheries, NMFS, Na- ance Corporation, transmitting the Corpora- Energy and Commerce. tional Oceanic and Atmospheric Administra- tion’s final rule — Removal of Transferred 4134. A letter from the Assistant General tion, transmitting the Administration’s tem- OTS Regulations Regarding Management Of- Counsel for Legislation, Regulation and En- porary rule — Coastal Migratory Pelagic Re- ficial Interlocks and Amendments to FDIC’s ergy Efficiency, Office of Energy Efficiency sources of the Gulf of Mexico and South At- Rules and Regulations (RIN: 3064-AE20) re- and Renewable Energy, Department of En- lantic; 2015-2016 Accountability Measure and ceived January 15, 2016, pursuant to 5 U.S.C. ergy, transmitting the Department’s Major Closure for King Mackerel in Western Zone 801(a)(1)(A); Added by Public Law 104-121, final rule — Energy Conservation Program: of the Gulf of Mexico [Docket No.: 101206604- Sec. 251; (110 Stat. 868); to the Committee on Energy Conservation Standards for Residen- 1758-02] (RIN: 0648-XE290) received January Financial Services. tial Boilers [Docket Nos.: EERE-2012-BT- 15, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); 4150. A letter from the Chief, Publications STD-0047] (RIN: 1904-AC88) received January Added by Public Law 104-121, Sec. 251; (110 and Regulations Branch, Internal Revenue 19, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Stat. 868); to the Committee on Natural Re- Service, transmitting the Service’s IRB only Added by Public Law 104-121, Sec. 251; (110 sources. rule — Update of Revenue Procedure 2015-8 Stat. 868); to the Committee on Energy and 4143. A letter from the Acting Director, Of- [RP-128881-15] (Rev. Proc. 2016-8) received Commerce. fice of Sustainable Fisheries, NMFS, Na- January 15, 2016, pursuant to 5 U.S.C. 4135. A letter from the Assistant General tional Oceanic and Atmospheric Administra- 801(a)(1)(A); Added by Public Law 104-121, Counsel for Legislation, Regulation and En- tion, transmitting the Administration’s tem- Sec. 251; (110 Stat. 868); to the Committee on ergy Efficiency, Office of Energy Efficiency porary rule — Atlantic Highly Migratory Ways and Means. and Renewable Energy, Department of En- Species; Atlantic Bluefin Tuna Fisheries 4151. A letter from the Chief, Publications ergy, transmitting the Department’s Major [Docket No.: 150121066-5717-02] (RIN: 0648- and Regulations Branch, Internal Revenue direct final rule — Energy Conservation Pro- XE327) received January 15, 2016, pursuant to Service, transmitting the Service’s IRB only gram for Certain Industrial Equipment: En- 5 U.S.C. 801(a)(1)(A); Added by Public Law rule — 2015 Retroactive Increase in Exclud- ergy Conservation Standards for Small, 104-121, Sec. 251; (110 Stat. 868); to the Com- able Transit Benefits [Notice 2016-6] received Large, and Very Large Air-Cooled Commer- mittee on Natural Resources. January 15, 2016, pursuant to 5 U.S.C.

VerDate Sep 11 2014 02:41 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\L28JA7.000 H28JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 28, 2016 CONGRESSIONAL RECORD — HOUSE H375 801(a)(1)(A); Added by Public Law 104-121, Securities and Exchange Commission to pro- H. Res. 592. A resolution supporting the Sec. 251; (110 Stat. 868); to the Committee on vide a safe harbor related to certain invest- contributions of Catholic schools; to the Ways and Means. ment fund research reports, and for other Committee on Education and the Workforce. 4152. A letter from the Chief, Publications purposes (Rept. 114–401). Referred to the f and Regulations Branch, Internal Revenue Committee of the Whole House on the state Service, transmitting the Service’s IRB only of the Union. CONSTITUTIONAL AUTHORITY rule — Revisions to the Employee Plans De- Mr. HENSARLING: Committee on Finan- STATEMENT cial Services. H.R. 766. A bill to provide re- termination Letter Program Regarding Pursuant to clause 7 of rule XII of Cycle A Elections, Determination Letter Ex- quirements for the appropriate Federal piration Dates, and Extension of Deadlines banking agencies when requesting or order- the Rules of the House of Representa- for Certain Defined Contribution Pre-Ap- ing a depository institution to terminate a tives, the following statements are sub- proved Plans [Notice 2016-03] received Janu- specific customer account, to provide for admitted regarding the specific powers ary 15, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); ditional requirements related to subpoenas granted to Congress in the Constitu- Added by Public Law 104-121, Sec. 251; (110 issued under the Financial Institutions Re- tion to enact the accompanying bill or Stat. 868); to the Committee on Ways and form, Recovery, and Enforcement Act of joint resolution. Means. 1989, and for other purposes (Rept. 114–402). By Mr. MCCARTHY: 4153. A letter from the Chief, Publications Referred to the Committee of the Whole H.R. 4395. and Regulations Branch, Internal Revenue House on the state of the Union. Congress has the power to enact this legis- Service, transmitting the Service’s IRB only Mr. HENSARLING: Committee on Finan- lation pursuant to the following: rule — Revenue Procedure 2016-3 (RP-130776- cial Services. H.R. 2354. A bill to direct the Article I, Section 8, Clause 3 of the Con- 15) received January 15, 2016, pursuant to 5 Securities and Exchange Commission to restitution states that Congress shall have U.S.C. 801(a)(1)(A); Added by Public Law 104- view all its significant regulations to deter- power to regulate Commerce with foreign 121, Sec. 251; (110 Stat. 868); to the Committee mine whether such regulations are necessary Nations, and among the several States, and on Ways and Means. in the public interest or whether such regu- 4154. A letter from the Chief, Publications lations should be amended or rescinded; with with the Indian Tribes. and Regulations Branch, Internal Revenue an amendment (Rept. 114–403). Referred to By Mr. PALLONE: H.R. 4396. Service, transmitting the Service’s IRB only the Committee of the Whole House on the Congress has the power to enact this legis- rule — Revenue Procedure 2016-5 (Rev. Proc. state of the Union. lation pursuant to the following: 2016-5) received January 15, 2016, pursuant to f Article I, Section 8 5 U.S.C. 801(a)(1)(A); Added by Public Law By Mr. KIND: 104-121, Sec. 251; (110 Stat. 868); to the Com- PUBLIC BILLS AND RESOLUTIONS H.R. 4397. mittee on Ways and Means. Under clause 2 of rule XII, public Congress has the power to enact this legis- 4155. A letter from the Assistant Secretary, bills and resolutions of the following Legislative Affairs, Department of State, lation pursuant to the following: Article 1, Section 8, Clause 3 transmitting a certification to implement titles were introduced and severally re- commitments in the Joint Comprehensive ferred, as follows: f Plan of Action by the P5+1 (the United By Mr. MCCARTHY (for himself and ADDITIONAL SPONSORS States, the United Kingdom, France, China, Mr. HUNTER): Russia, and Germany) and Iran, pursuant to H.R. 4395. A bill to repeal the provision Under clause 7 of rule XII, sponsors the Comprehensive Iran Sanctions, Account- permitting the use of rocket engines from were added to public bills and resolu- ability, and Divestment Act of 2010, Sec. the Russian Federation for the evolved ex- tions, as follows: pendable launch vehicle program; to the 103(d)(2)(B); jointly to the Committees on H.R. 228: Mr. COFFMAN. Committee on Armed Services. Foreign Affairs and Ways and Means. H.R. 470: Mr. JODY B. HICE of Georgia. By Mr. PALLONE: f H.R. 539: Mrs. NAPOLITANO, Mr. AL GREEN H.R. 4396. A bill to support a comprehen- of Texas, and Mr. YOUNG of Iowa. REPORTS OF COMMITTEES ON sive public health response to the heroin and H.R. 686: Mr. BRADY of Texas. prescription drug abuse crisis; to the Com- PUBLIC BILLS AND RESOLUTIONS H.R. 768: Mr. FATTAH. mittee on Energy and Commerce, and in ad- H.R. 814: Mr. CHABOT. Under clause 2 of rule XIII, reports of dition to the Committees on the Judiciary, H.R. 911: Mr. TONKO. committees were delivered to the Clerk Ways and Means, and Education and the for printing and reference to the proper H.R. 1019: Mr. FARR. Workforce, for a period to be subsequently H.R. 1197: Mr. STEWART. calendar, as follows: determined by the Speaker, in each case for H.R. 1220: Mr. CAPUANO, Mr. CURBELO of Mr. HENSARLING: Committee on Finan- consideration of such provisions as fall with- Florida, Mr. KATKO, and Mr. ROGERS of Ala- cial Services. H.R. 3700. A bill to provide in the jurisdiction of the committee con- bama. housing opportunities in the United States cerned. H.R. 1342: Mr. NORCROSS. through modernization of various housing By Mr. KIND: H.R. 1457: Mr. CRENSHAW. programs, and for other purposes; with an H.R. 4397. A bill to direct the Adminis- H.R. 1475: Ms. ESHOO, Mr. SCHIFF, Ms. amendment (Rept. 114–397). Referred to the trator of the Federal Emergency Manage- MOORE, Mr. TONKO, Mr. JEFFRIES, Ms. Committee of the Whole House on the state ment Agency to provide for caches of emer- DELAURO, Ms. LORETTA SANCHEZ of Cali- of the Union. gency response equipment to be used in the fornia, Ms. WASSERMAN SCHULTZ, Mr. MEAD- Mr. HENSARLING: Committee on Finan- event of an accident involving rail tank cars OWS, and Mr. GOHMERT. cial Services. H.R. 1675. A bill to direct the transporting hazardous material, crude oil, H.R. 1854: Mr. POLIS, Ms. DELBENE, and Mr. Securities and Exchange Commission to re- or flammable liquids; to the Committee on GUTI´ERREZ. vise its rules so as to increase the threshold Transportation and Infrastructure. H.R. 1856: Ms. KAPTUR. amount for requiring issuers to provide cer- By Mr. CONAWAY (for himself, Mr. H.R. 1942: Ms. GRAHAM. tain disclosures relating to compensatory PETERSON, Mr. AUSTIN SCOTT of Geor- H.R. 2005: Mr. HONDA. benefit plans (Rept. 114–398). Referred to the gia, and Mr. DAVID SCOTT of Georgia): H.R. 2096: Mr. ADERHOLT. Committee of the Whole House on the state H. Res. 591. A resolution commending the H.R. 2260: Mr. COHEN. of the Union. cooperative owners and the employees of the H.R. 2278: Mr. BRAT. Mr. HENSARLING: Committee on Finan- Farm Credit System for their continuing H.R. 2334: Mrs. HARTZLER. cial Services. H.R. 1965. A bill to exempt service in meeting the credit and financial- H.R. 2646: Mr. COOK. smaller public companies from requirements services needs of rural communities and ag- H.R. 2716: Mr. MULVANEY. relating to the use of Extensible Business riculture; to the Committee on Agriculture. H.R. 2858: Ms. ADAMS, Ms. LORETTA SAN- Reporting Language for periodic reporting to By Mr. LIPINSKI (for himself, Mr. CHEZ of California, Ms. LINDA T. SA´ NCHEZ of the Securities and Exchange Commission, BARLETTA, Mr. BENISHEK, Ms. California, Ms. SINEMA, and Mr. DOGGETT. and for other purposes (Rept. 114–399). Re- BORDALLO, Mr. BRENDAN F. BOYLE of H.R. 2957: Mr. RUIZ. ferred to the Committee of the Whole House Pennsylvania, Mr. CHABOT, Mr. H.R. 3092: Mr. RIGELL and Mrs. KIRK- on the state of the Union. DANNY K. DAVIS of Illinois, Mr. ROD- PATRICK. Mr. HENSARLING: Committee on Finan- NEY DAVIS of Illinois, Ms. ESHOO, Mr. H.R. 3123: Mr. CULBERSON. cial Services. H.R. 686. A bill to amend the FITZPATRICK, Mr. FRELINGHUYSEN, H.R. 3268: Mr. ELLISON, Ms. LORETTA SAN- Securities Exchange Act of 1934 to exempt Mr. HIGGINS, Mr. JONES, Mr. JOYCE, CHEZ of California, Mr. RUPPERSBERGER, Ms. from registration brokers performing serv- Mr. KELLY of Pennsylvania, Mr. LAN- ADAMS, and Ms. BROWN of Florida. ices in connection with the transfer of own- GEVIN, Mr. LATTA, Mr. NEAL, Mr. H.R. 3323: Mr. BRENDAN F. BOYLE of Penn- ership of smaller privately held companies PASCRELL, Mr. REED, Ms. ROS- sylvania and Mr. RODNEY DAVIS of Illinois. (Rept. 114–400). Referred to the Committee of LEHTINEN, Mr. RYAN of Ohio, Mr. H.R. 3381: Mr. MESSER, Mr. SCHIFF, Mr. the Whole House on the state of the Union. SABLAN, Mr. SENSENBRENNER, Mr. DENT, and Mr. LOBIONDO. Mr. HENSARLING: Committee on Finan- SMITH of New Jersey, Ms. SPEIER, Mr. H.R. 3406: Mr. GRAVES of Louisiana, Mr. cial Services. H.R. 2356. A bill to direct the TIBERI, and Mr. YARMUTH): GUTIE´ RREZ, and Mr. MCGOVERN.

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H.R. 3521: Mr. ROSS. H.R. 4247: Mr. ZELDIN. H. Res. 374: Mr. SHERMAN. H.R. 3542: TED LIEU of California, Mr. GRI- H.R. 4257: Mr. CULBERSON and Mr. MCCLIN- H. Res. 501: Mr. LANCE and Mr. CARSON of JALVA, and Mr. GENE GREEN of Texas. TOCK. Indiana. H.R. 3565: Mrs. NAPOLITANO and Ms. H.R. 4275: Mr. HUIZENGA of Michigan. H. Res. 567: Mr. PAULSEN, Ms. MENG, and OS EHTINEN BROWNLEY of California. H.R. 4305: Ms. R -L and Mr. Mr. ISRAEL. KINZINGER of Illinois. H.R. 3665: Mr. CONNOLLY. H. Res. 571: Mr. ROONEY of Florida, Mr. H.R. 4321: Mr. BARR. H.R. 3779: Mr. CURBELO of Florida and Mr. AMODEI, Mr. STEWART, Mr. MULLIN, and Mr. H.R. 4336: Mrs. MILLER of Michigan, Mr. DUNCAN of Tennessee. MCCLINTOCK. MCGOVERN, Mr. SARBANES, Ms. KAPTUR, Mr. H.R. 3790: Mr. TAKAI. NEWHOUSE, Mr. MCHENRY, Ms. FRANKEL of H. Res. 588: Mr. PALAZZO, Mr. RICE of South H.R. 3846: Mr. HUIZENGA of Michigan, Mr. Florida, Ms. DELBENE, Mr. DEFAZIO, Mr. Carolina, Mr. GOHMERT, and Mr. MULLIN. REICHERT, and Mrs. BEATTY. MURPHY of Florida, Mr. POCAN, and Mr. H.R. 3863: Mr. HIMES. DESAULNIER. f H.R. 3970: Mr. NORCROSS. H.R. 4342: Mr. RUIZ, Mr. O’ROURKE, Mr. H.R. 4002: Mr. GOHMERT. SEAN PATRICK MALONEY of New York, and H.R. 4007: Mr. PALAZZO. Mr. MCCLINTOCK. PETITIONS, ETC. OONEY H.R. 4065: Mr. R of Florida. H.R. 4364: Ms. MOORE, Mr. RANGEL, Mrs. OLLINS Under clause 3 of rule XII, H.R. 4126: Mr. C of New York, Mr. WATSON COLEMAN, Ms. NORTON, and Ms. JUDY 42. The SPEAKER presented a petition of PERRY, Mr. SAM JOHNSON of Texas, and Mr. CHU of California. MESSER. H.R. 4377: Mr. RIBBLE. the City Council of St. Petersburg, FL, rel- H.R. 4183: Ms. KAPTUR and Mr. TURNER. H.R. 4380: Ms. DELBENE, Mr. KILDEE, Mrs. ative to Resolution No. 2015-540, affirming H.R. 4197: Mr. ALLEN and Mr. LUETKE- LAWRENCE, Mr. SMITH of Washington, Mr. the City Council’s support of the Complete MEYER. COHEN, Mr. TAKANO, and Mr. CONNOLLY. Streets Program, including City of St. Pe- H.R. 4226: Mr. ROONEY of Florida. H.R. 4381: Mr. WILSON of South Carolina, tersburg Administrative Policy #020400 re- H.R. 4235: Mr. FATTAH, Mrs. WATSON COLE- Mr. GOSAR, and Mr. POE of Texas. garding the Complete Streets Program; MAN, Ms. LEE, and Ms. WILSON of Florida. H. Con. Res. 89: Mr. POMPEO, Mr. RENACCI, which was referred to the Committee on H.R. 4240: Mr. KILDEE and Mrs. DINGELL. and Mr. ABRAHAM. Transportation and Infrastructure.

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Vol. 162 WASHINGTON, THURSDAY, JANUARY 28, 2016 No. 17 Senate The Senate met at 9:45 a.m. and was appoint the Honorable DEAN HELLER, a Sen- taxes or adding to the deficit. It is the called to order by the Honorable DEAN ator from the State of Nevada, to perform latest reminder of what is possible with HELLER, a Senator from the State of the duties of the Chair. cooperation in this Senate. Nevada. ORRIN G. HATCH, A huge majority of the Senate energy President pro tempore. f committee supported the bill when it Mr. HELLER thereupon assumed the came to a vote. The top Republican on PRAYER Chair as Acting President pro tempore. the committee supported it and the top The Chaplain, Dr. Barry C. Black, of- f Democrat on the committee supported fered the following prayer: it. They are the managers of this bill Loving God, Your providence guides RECOGNITION OF THE MAJORITY today. They have worked with Mem- our going out and coming in, and we LEADER bers of both parties and have lined up praise Your great Name. The ACTING PRESIDENT pro tem- amendments already. They are work- Today, help our lawmakers to exer- pore. The majority leader is recog- ing with Members of both parties to cise that cool judgment that is worth nized. schedule even more. If you have an far more than a thousand hasty words. amendment you would like considered, Remind them that soft answers turn f please work with them. Let’s get this away anger and that humility precedes ENERGY POLICY MODERNIZATION process moving. Let’s get this bill honor. As they work to do what is best BILL passed so we can support more jobs, for our Nation and world, use their lips Mr. MCCONNELL. Mr. President, the more growth, and more energy inde- to provide more light than heat, as last time a broad energy bill was their words build up instead of tearing pendence for our country. signed into law was back in 2007. It down. May the words of their mouths f may as well have been a lifetime ago as and the meditations of their hearts glo- far as America’s energy situation is TRIBUTE TO MIKE BRUMAS rify You. concerned. While we were once living Mr. MCCONNELL. Mr. President, be- And, Lord, bless the faithful mem- in an era of energy scarcity, we are fore I leave the floor, let me say this as bers of our fall page class as they pre- now living in an era of higher energy well. The chair of the energy compare to leave us. We pray in Your mighty Name. production and lower technology costs. mittee knows how to write good legis- Amen. It is change that represents many op- lation. We have proof of that before us portunities but also challenges—aging today. But here is something else: The f infrastructure, bureaucratic hurdles, chair of the energy committee also PLEDGE OF ALLEGIANCE outdated policies, and needless redtape. knows how to pick good staff. Take The Presiding Officer led the Pledge These are the kinds of challenges we Mike Brumas as one example. He of Allegiance, as follows: will need to address if we want to sup- served as her communications director. I pledge allegiance to the Flag of the port America’s rise as one of the He served as communications director United States of America, and to the Repub- world’s preeminent energy superpowers for the junior Senator from Alabama, lic for which it stands, one nation under God, and if we want to support the accom- too, and as chief of staff for the State’s indivisible, with liberty and justice for all. panying potential for jobs, for growth, senior Senator. Mike also spent time f and for increased energy independence. covering Washington back when he was APPOINTMENT OF ACTING That is why the Senate is considering a reporter. PRESIDENT PRO TEMPORE the Energy Policy Modernization Act. Mike Brumas obviously had a lot of It is broad, bipartisan legislation that experience under his belt by the time The PRESIDING OFFICER. The will modernize our energy policies to he came to work for me. Mike was an clerk will please read a communication keep pace with a changing world. It important part of my team, he worked to the Senate from the President pro will help Americans produce more en- hard, and he earned positions of trust tempore (Mr. HATCH). ergy. It will help Americans pay less among respected Members of our con- The senior assistant legislative clerk for energy. It will help Americans save ference and among the Washington read the following letter: energy. press corps. Mike was there both in the U.S. SENATE, This bipartisan bill builds on techno- minority and in the majority as we PRESIDENT PRO TEMPORE, logical progress in order to strengthen made our way through many chal- Washington, DC, January 28, 2016. To the Senate: and sustain America’s energy advances lenges, but he never let his good humor Under the provisions of rule I, paragraph 3, while protecting our environment at or his zest for life get lost along the of the Standing Rules of the Senate, I hereby the same time, all without raising way.

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

S297

VerDate Sep 11 2014 00:39 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.000 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S298 CONGRESSIONAL RECORD — SENATE January 28, 2016 People will tell you that Mike loves able energy and other electricity ini- committee has reported out at least history and political history in par- tiatives. one nomination every year for the past ticular. It is a shared passion that kept So I like this bill that is on the floor. 50 years, but not last year—last year, me challenged and often entertained. It is a good bill. But it simply is not not a single nominee. Currently, nomi- People will tell you a few other things valid to say that nothing has happened nees to the Federal Reserve Board, the about Mike too. He is always smiling. since 2007 because that is a gross un- Securities and Exchange Commission, He is always laughing. He always has a derstatement. and other important financial assign- story to tell and a recipe to share. This I really hope we can pass the bill that ments are stalled in the banking com- aspiring chef and endeavoring fly fish- is on the floor. The vast majority of mittee. The committee has been oper- erman is happiest when he is with his this bill contains the Shaheen-Portman ating under Republican leadership for family—his delightful wife Ann and his legislation that we tried valiantly to the past 13 months, and they have yet sons Alex and Will—and Mike is at his get done in the past. It was blocked by to report a single nomination out of best when he is outdoors camping or Republican filibusters. Sadly, the co- that committee. That is the definition biking or just simply enjoying life be- sponsor of the bill twice voted against of historic obstruction. yond these walls. his own bill. The Senator from Ohio If there is any nominee who deserves When Mike told me it was his time to voted against his own legislation. I to be confirmed immediately, it is a retire from the Senate, I was sad to see hope that doesn’t happen again. man by the name of Adam Szubin, him go, but at the same time I was f whom the President nominated to com- glad to see him able to spend more NOMINATIONS bat terrorism financing—think about time around the people and things that that—terrorism financing. He is des- Mr. REID. Mr. President, the Presi- make Mike, Mike. perately needed at the Treasury De- dent of the United States deserves the Ronald Michael Brumas came to my partment. Jack Lew has called me on right to choose a team to carry out the office as a colleague and leaves as a many occasions talking about how this work that is being done here, and the friend. I thank him for his many years man needs to fill this assignment. He leader of that work to be done here is of dedicated service to me and to this has expressed to me the importance of the President. It was the same way his job in trying to slow ISIS and their body, and I send him best wishes for a with President Bush, President retirement that promises to be any- Reagan, and President Clinton. They financial network and other terrorism thing but boring. deserved a team—a team they chose— activities around the country. As f to help effectuate policies they saw as Under Secretary for Terrorism and Fi- nancial Crimes, Szubin would lead a RECOGNITION OF THE MINORITY necessary for this country. The Presi- team that disrupts terrorist financing LEADER dent of the United States deserves the right to choose a team to carry out his networks, cutting off money for terror- The ACTING PRESIDENT pro tem- vision here at home and around the ists so they can’t finance their evil pore. The Democratic leader is recog- world—his vision. I am not alone in deeds. He has served as a career civil nized. that belief. My friend, the senior Sen- servant under both Republican and f ator from Arizona, Mr. MCCAIN, said: Democratic Presidents. Despite the importance of his work, ENERGY LEGISLATION ‘‘The President, in my view, has a clear right to put into place the team he be- Republicans are preventing a vote in Mr. REID. Mr. President, I have the banking committee and thus pre- joined with the Republican leader over lieves will serve him best.’’ Sadly, since President Obama was venting Adam Szubin from having a the last couple of days saying good elected, Republicans have stopped at vote here on the Senate floor. He is things about the bill that is on the nothing to undermine the President’s currently acting—he is certainly act- floor. But today my friend the Repub- team—seeking to prevent progress by ing in a role that is not permanent, lican leader stated that nothing has denying him the personnel he wants to which is why they call him an acting happened with energy in this country carry out his agenda. Despite record member of the Treasury Department. since 2007. That simply is not right. It obstruction, President Obama has He lacks the stature that his counter- is not true. We have done a lot of stuff achieved remarkable progress. I talked parts have around the world. So he is in the Senate under President Obama about some of that just a minute ago. not able to do all that should be done to do good things about energy. Imagine what President Obama could to disrupt terrorist financial networks For example, the first major bill have accomplished if Republicans took throughout the world. under President Obama was the so- their constitutional duties seriously. In a September hearing on his nomi- called American Recovery Act, the Regrettably, during the Obama Presi- nation, the chairman of the banking stimulus bill. In that bill there was a dency, Republicans have done every- committee, the senior Senator from lot of stuff to change the energy deliv- thing within their power to block, ob- Alabama said: ‘‘Mr. Szubin is emi- ery system in this country to allow the struct, stonewall, hinder qualified pub- nently qualified for this [position].’’ creation of new power lines which were lic servants from serving. In the first Eminently qualified, not reported out so badly needed all over America. year of Republican control, the Senate of the banking committee, no vote here For those of us who represent Ne- confirmed the fewest nominations of on the Senate floor—why are we hold- vada, we have a power line that now any first session in memory. This bla- ing up this critical nomination? We all goes from northern Nevada to southern tant strategy of obstruction is shame- know why. Powerful rightwing groups Nevada, and it would never have hap- ful and dangerous to our economy and have announced that they are scoring pened but for that legislation we the national security of our country. votes on Presidential nominations. In passed. And there was an announce- Headlines around the world remind fact, Heritage Action, which is a front ment made 2 weeks ago that that line us each day of the turmoil that exists group for the tea party and the Koch is now going to be taken even farther in the global financial market and ter- brothers, said the Senate should only to make it easier to transport power to rorism that threatens the world. Today confirm nominees they deem worth- California—renewable energy power. I we learned of multiple bombings yes- while—they deem, not Senators but spoke to the owner of that line, who terday and last night in Nigeria—lots this rightwing cabal. This comes at the owns half of it with NV Energy, and of people killed. We can only wait and expense of the American people and our soon they will be taking it clear to the see where else that turmoil will arise. national security. Northwest. Most Americans agree that we need a If the Republican leadership follows Of course, in the stimulus bill, it was full complement of appointees to ad- this weird plan, scores of Ambassadors the first time there has been major leg- dress the challenges we face. Repub- charged with representing our interests islation allowed for tax credits, tax in- licans are preventing our government around the world could be prevented centives for doing renewable energy. from doing its job at home and around from service. They have been prevented And the bill we just passed, the omni- the world. from service. bus bill, the tax extenders—there is According to the Congressional Re- We have several credible nominees tremendous stuff in that bill for renew- search Service, the Senate banking currently awaiting floor votes. Ms.

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There has been filled for the rest of the Obama admin- 2982 (to amendment No. 2953), to require the more than 300 Swedish citizens who istration, and our diplomacy and rela- Comptroller General of the United States to have left Sweden to fight with ISIS in tionships around the world will con- conduct a review and submit a report on en- either Syria or Iraq, making this na- tinue to suffer because of what is going ergy production in the United States and the tion the second largest country of orion here. I do not understand what my effects of crude oil exports. gin per capita for foreign fighters com- Republican colleagues are doing. If Re- Murkowski (for Crapo) amendment No. 3021 ing from Europe to the Middle East. We publicans had their way, they would (to amendment No. 2953), to enable civilian research and development of advanced nu- need to get this done. It is not right for stop confirming officials at just about clear energy technologies by private and America to not be able to deal, on a every key agency. public institutions, to expand theoretical daily basis, with the authority to help According to the Congressional Re- and practical knowledge of nuclear physics, Sweden with their issues. The Swedish search Service, the Senate has con- chemistry, and materials science. Government is on heightened alert for firmed an average of 351 nominations Murkowski (for Schatz) amendment No. an attack. Yet we don’t have a Senate- during the first session of the Congress. 2965 (to amendment No. 2953), to modify the confirmed ambassador to represent us Last year the Senate didn’t even get to funding provided for the Advanced Research in Stockholm. She was first nominated half of what it normally does. The Re- Projects Agency—Energy. to be Ambassador in October 2014. We publicans should get to work and The PRESIDING OFFICER. Under are now in 2016. We don’t have an am- schedule votes on the President’s nomi- the previous order, the time until 12 bassador to Sweden. nees. noon will be equally divided between We don’t have an ambassador to Nor- Valid concerns about the qualifica- the managers or their designees. way, and it has been that way for more tions of these nominees should be The Senator from Alaska. than 2 years. President Obama nomi- brought forth. We haven’t heard any, Ms. MURKOWSKI. Mr. President, nated a person by the name of Samuel but denying a vote for partisan gain good morning. This morning we are on Heins, an accomplished lawyer and hu- does nothing to strengthen America at day 2 of the Energy Policy Moderniza- manitarian from Minnesota. His nomi- home or around the world. The Amer- tion Act. Yesterday, we took up this nation is not controversial. It is only ican people deserve better. broad, bipartisan energy bill, the first controversial, I guess, to the Koch This Senator says America is less of its kind in more than 8 years. Tak- brothers, the tea party, and Heritage safe because of what is going on with ing this up was a good moment for the Action. He should be confirmed with- the Republicans in the Senate. We are Senate. It was an important step. It is out delay, but it has been 2 years. not as secure as we should be. We have the beginning of a series of steps that Other State Department nominations vacancies for Ambassadors all over the we will take to modernizing our Na- have been blocked for partisan reasons world that are not being filled. People tion’s energy as well as our mineral by the junior Senator from Texas. Tom within the State Department, the policies. I am hopeful we are going to Shannon has been nominated to be Treasury Department whose job is to have a good day of debate today. Under Secretary of State. We don’t deal with terrorism are being blocked. As we begin this morning, I would have an ambassador to Mexico. Tom For the first time in 50 years we don’t like to summarize very briefly where Shannon has been nominated to the have anyone reported out of the bank- we are in this process and what Mem- fourth highest ranking position in the ing committee. America is less safe be- bers might expect over the course of State Department. He would like to be cause of what Republicans are doing to the day. As of this morning, we have a serving. He would serve as the day-to- our country. total of 89 amendments that have now day manager of overall regional and bi- I yield the floor, Mr. President. been filed to the underlying bill. We lateral policy issues and oversee State f are already starting to process those Department bureaus around the world. amendments. We recognize that some RESERVATION OF LEADER TIME He is a career Foreign Service officer, will go by voice vote, some will of having served under Presidents of both The PRESIDING OFFICER (Mr. course need rollcall votes, and others parties. If he is confirmed, he would be ROUNDS). Under the previous order, the simply will not be voted at all. the highest ranking career diplomat in leadership time is reserved. Right now we do have six amend- the State Department. f ments pending before the body. We have amendment No. 2963 that I have John Kerry called me saying: How ENERGY POLICY MODERNIZATION offered, which improves a provision in can I continue this job I have? I don’t ACT OF 2015 have people to do the work. He doesn’t the underlying bill related to reli- even have a lawyer. The State Depart- The PRESIDING OFFICER. Under ability impact statements. We have ment doesn’t have a lawyer. We have the previous order, the Senate will re- amendment No. 2968 from Senator SHA- tried to confirm Brian Egan starting sume consideration of S. 2012, which HEEN to clarify a definition for the back in September 2014, but he has the clerk will report. term ‘‘smart manufacturing’’ that is been held up for months and months. The legislative clerk read as follows: contained within the underlying bill. Do you know what this is about? A bill (S. 2012) to provide for the mod- We have an amendment from Senator Clinton’s emails—Secretary Clinton’s ernization of the energy policy of the United MARKEY, amendment No. 2982, to re- emails. If the senior Senator from Iowa States, and for other purposes. quire the Government Accountability is interested in getting answers to his Pending: Office to study the economic aspects of countless letters to the State Depart- Murkowski amendment No. 2953, in the na- crude oil exports annually for 3 years. ment, wouldn’t a Senate-confirmed ture of a substitute. We have an amendment from Senator Murkowski (for Cassidy/Markey) amend- legal advisor be of some help? BARRASSO, amendment No. 3017, to es- Eric Fanning, the President’s nomi- ment No. 2954 (to amendment No. 2953), to provide for certain increases in, and limita- tablish a prize for technologies that nee to be the next Secretary of the tions on, the drawdown and sales of the Stra- can separate carbon dioxide molecules Army, is being blocked by the senior tegic Petroleum Reserve. from dilute sources such as ambient Senator from Kansas, even though the Murkowski (for Shaheen) amendment No. air. senior Senator from Kansas, Mr. ROB- 2968 (to amendment No. 2953), to clarify the At noon we are scheduled to proceed ERTS, said: ‘‘I think [Fanning’s] a pret- definition of the term ‘‘smart manufac- to a rollcall vote on amendment No. ty good nominee.’’ In spite of that, turing.’’ 3021 to promote research into nuclear there is no vote on his nomination. The Murkowski amendment No. 2963 (to amend- energy. There is a strong list of Mem- ment No. 2953), to modify a provision relat- Army needs Mr. Fanning’s leadership ing to bulk-power system reliability impact bers who are supporting this amend- and responsibility for over a $200 bil- statements. ment: Senators CRAPO and RISCH from lion budget for more than 1 million Murkowski (for Barrasso/Schatz) amend- Idaho, along with Senator WHITEHOUSE servicemembers. Right now they are ment No. 3017 (to amendment No. 2953), to of Rhode Island, Senator BOOKER of

VerDate Sep 11 2014 00:39 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.007 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S300 CONGRESSIONAL RECORD — SENATE January 28, 2016 New Jersey, Senator HATCH of Utah, also the electric wires, pipelines, and it country and the benefits that accrue to and Senators KIRK and DURBIN from Il- is the whole infrastructure package. us when our energy is abundant. It is linois. There is a good bipartisan mix We have a responsibility to keep our not just access to energy, but it is also of Senators from around the country infrastructure in good shape so that we what allows us in terms of energy eco- coming together to promote nuclear re- can reliably and safely transport en- nomic security, something that leads search with this amendment. ergy from the place where it is pro- to the creation of good jobs. As the At 1:45 p.m. we will proceed to duced to the place where it is needed. economy grows here, our security in- amendment No. 2965. This has been of- I joke sometimes, saying it is frus- creases. Really, we become far more fered by Senator SCHATZ, and it will in- trating because there is not more edu- competitive. crease the authorized funding levels for cation or understanding about our en- So, again, when I talk about energy, ARPA–E in the underlying Energy bill. ergy and our energy resources and how strong energy policies, and an energy Senator CANTWELL and I are both they work as much as we would like. I security focus, keep in mind these working with our staffs to reach agree- have joked that some ascribe to this things reinforce one another. You have ment on any additional amendments ‘‘immaculate conception’’ theory of en- energy security leading to economic that can be brought up for votes today. ergy—it just happens. The lights come security, leading to national security. We will try to keep Members apprised on, the temperature is what we would It moves all the way around. That, as to what they can expect. I think like it to be, and we do not care how or again, allows us to be more competi- both of us are hopeful that we will see why it came to us or the fact that we tive over all other nations. more votes added to the list I have just might not have that energy resource Our bill would help keep our Nation’s described. We may have one as early as right here in our neighborhood. It is oil and natural gas production going 11:30 this morning. That has not been just here, and as long as we are not in- strong. We have included a pilot pro- worked out yet, but there is an option convenienced because it is not too ex- gram from Senator HOEVEN for oil and of course for more amendments in the pensive and it is reliable, we are good gas permitting. We would expedite the afternoon, if Members are willing to with it. We do not think about how it process for liquefied natural gas ex- stick with us on this. gets to us and the necessity of reliable, ports, which could help us raise our do- As I mentioned yesterday in terms of safe infrastructure to take that from mestic production levels. I want to say some housekeeping details, and it is the source to the customer. also that we did not just focus on oil worth repeating today, I would urge The fourth title is accountability. and gas in this bill because we recog- Members not to wait to file amend- Again, like efficiency, it just makes nize drawing our energy from a variety ments. Get your amendments in so we good sense to ensure that, as we are of sources creates reliability and sta- can be looking at them and assessing building out our energy policies, there bility. We all know that Alaska is an where they might fit, in terms of how is a level of accountability that comes oil-producing State. We focus a lot in we handle and process them. I think with it—that our Federal agencies our State on oil and being able to ac- the earlier you are able to file these work efficiently and effectively as good cess it responsibly. We also know that amendments the greater the likelihood stewards of taxpayer dollars. I think when you are reliant on one source, that you will see a vote on them. we have plenty of room for improve- there is a vulnerability. So when we Again, as I mentioned yesterday, any ment when it comes to accountability talk about an ‘‘all of the above’’ ap- amendments that cost money, any right now. proach to energy production, we mean amendment that is going to score, you I mentioned yesterday that in addi- it. This kind of approach just makes are going to need to find a viable offset tion to a pretty robust accountability sense. It makes sense because it lessens in order for us to consider it. Further, title, we remove some deadwood, some your vulnerability. It increases not if it is a measure that would result in reports and requirements that have only your energy security, but your a blue slip because it involves a tax built up over the years that get incor- economic security and your national provision or a tax amendment, know porated into our United States Code, security as well. that is something we cannot consider. and then they just sit there. Before I make some comments about As they sit there, it is not just that So focusing on all aspects of our en- some individuals, I want to make a few they are benign. The agencies still go ergy sources is key to what we do with- more brief remarks about the bill ahead, and they have the reports that in this bill. We took some good steps to itself, this broad and bipartisan Energy we here in Congress have required of produce more hydropower in this coun- Policy Modernization Act. I mentioned them. That costs money. Nobody reads try by helping to reduce the regulatory yesterday that we have a total of five them. We have taken care of that with- barriers and extending the licensing pe- titles within the bill, and we did not in the accountability title. riod for hydropower projects. This is just construct them for organizational Then the fifth title is the title that important to us as a nation, especially purposes. They represent some impor- relates to conservation aspects as it re- when we think about resources that al- tant themes in our policies within lates to the Land and Water Conserva- ready exist through hydropower and these areas. tion Fund, an issue that I know the the additional capacity that we could The first title is ‘‘Efficiency.’’ When Presiding Officer is very interested in potentially gain from these already you think about the importance of effi- and would like making sure there are exiting hydropower resources. This is ciency in the energy sector, it is a crit- reforms there. We want to work to significant. ical component. We should all always make sure that the reforms are good Geothermal is another area where we be looking for ways to be saving en- and sound, also making sure that our have an emissions-free source of base- ergy. It is just smart. It is smart from national parks have the focus on main- load energy. Again, so much of what we a cost perspective. It is smart from tenance that they need. We have a re- talk about with renewables and part of being a good steward perspective. It is sponsibility to ensure that we are tak- the big problem that we face is that just smart all the way around. It helps ing care of our parks and public lands, some renewables are intermittent. The our businesses and our families save to not let the addition of more parks wind does not always blow and the sun money. It makes our resources last come at the cost of not taking care of is not always out, so you have to have longer. It is good for our environment. what we already have. a reliable baseload. Our reliable base- Efficiency is good overall. Rather than just kind of doing the load for a century has been coal. ‘‘Infrastructure’’ is our second title. 30,000-foot level on each of these var- We have a reliable baseload with nu- Typically, when we think about infra- ious titles, I want to highlight today a clear. When others think about those structure, we think about the roads little bit about the third title of this other areas where we have reliable and bridges, but our energy infrastruc- bill, the title that deals with energy baseloads, they also ought to think ture is integral to the daily operation supply. about the potential of geothermal. Our of commerce that goes on around us Over the past few years, we have seen bill includes a number of provisions to when we are talking about energy in- several things. We have seen a lot of help us expand the use and reduce the frastructure. It may be the big infra- good things that happen when we are cost of this important renewable re- structure such as the Hoover Dam. It is producing our own energy here in this source. We are doing some exciting

VerDate Sep 11 2014 00:39 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.008 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S301 things up in Alaska, as we are identi- the direction that this energy bill goes, partment of Energy during the first fying sources to access geothermal en- I mentioned yesterday that innovation Bush administration. She was in pri- ergy resources. is the key to so much of what we are vate law practice, and she was also on In another area, in Alaska and in trying to push out as we modernize our the staff of the House Committee on some of the other coastal States, energy policies. Energy and Commerce. She has had a whether it is Maine or down in Oregon, As important as innovation is, supply breadth of experience on the private we are seeing some good progress, some is a case where more really is better. side, within the Executive branch, in interesting progress when it comes to As a result of this good title that we the House and then, of course, in the marine hydrokinetic energy, which has have contained in the Energy Policy Senate. After joining the committee the potential to draw the power from Modernization Act, I think our energy again in 1995, Karen served as counsel the movement of the oceans and river and our mineral supplies will increase and then she came on as senior coun- currents. I just mentioned reliable in the years ahead to the benefit of sel. baseload. You need to have something America. I think it is worth noting that Karen that you can rely on. TRIBUTE TO MIKE BRUMAS has worked through—or perhaps lived The Presiding Officer comes from the Mr. President, I know my colleague through—two Murkowskis because interior part of the country. I come from Hawaii is here on the floor, but I when my father was the chairman of from a State that has almost 34,000 want to take just a few minutes to ac- the Energy and Natural Resources miles of coastline. One of the things knowledge something the leader men- Committee, Karen Billups worked for that we know in Alaska is how the tioned regarding an individual in his him. And when I came to the Senate tides come and go. We can print up tide office, someone that has served him and had Karen at the helm working as books because there is reliability as to well, Mike Brumas. Mike has been counsel, I have to tell you it was ex- when the tide is in and when the tide is working for Leader MCCONNELL now for traordinarily reassuring. In those early out. So think about the potential for a number of years and has done a great years, she focused on a whole host of energy resources from our oceans, from job in the communications department. different issues that face our Nation, our river currents. What we do within I too am very privileged to have had from energy to civilian and defense nu- the bill is help advance marine him leading my communications de- clear waste. She was also the trouble- hydrokinetic energy. We are attempt- partment between 2008 and 2010. Mike shooter. She mentored our younger ing to help move it out of its infancy is one of those men whom you can call committee staff and ensured that Members and senior staff were all in and focus the DOE on some pretty crit- a southern gentleman. He has a little alignment and that the direction was ical research areas. bit of a twang that did not quite fit We also have a great subtitle on min- with the Alaska reporters, but it did clear. Again, this was with a focus that was firm but yet very appreciative of erals. Oftentimes we forget about the not matter because he was so knowl- the different dimensions she had to strategic importance of critical min- edgeable on all issues—all issues that deal with. She is a woman who was erals. Every one of us is walking we dealt with, including some of the able to navigate with a level of finesse. around nowadays with a smartphone. most parochial and local of Alaskan She is a woman who is able to navigate Every one of us, therefore, is reliant on issues. Mike Brumas embraced his job with with finesse. some form of critical mineral. For After service in the private sector, an enthusiasm and a professionalism those who want to advance the energy Karen came back as deputy chief coun- that was genuinely and sincerely ap- future in the direction of renewables, sel in 2003, and I was very grateful preciated. I know that he and his wife well, in order for you to have a wind when she accepted a promotion to be turbine, you are going to need some of Ann are probably going to be spending my chief counsel in 2009. Then in 2013 these critical minerals from the Earth a lot more time out on their bicycles she agreed to step up to serve as my to allow us to really build out tech- and enjoying their time together. We staff director and had been in that ca- nologies. happen to share timing; their two sons pacity until we concluded the end of Minerals are really the foundation of are just about the same age as the two 2015. our modern society. We need them for sons that Vern and I have been raising. I think it is so important to acknowl- everything, as I said, from our So we kind of shared parenting experi- edge what Karen not only lent to the smartphones to our military assets. ences as our sons grew into men. committee, to me, to my office, but Yet, despite this importance, we have It has just been a delight to spend also to the many on the floor who really failed as policymakers to focus the time getting to know Michael worked with her on energy issues. on mineral security. We have not been Brumas and seeing him as an excep- Karen set a standard for excellence and thinking about it enough. We have tional professional here serving the achievement, and she worked tire- been talking a lot about this: Oh, we do Senate, both for me and for Leader lessly—truly tirelessly—to improve our not want to be reliant on oil. We do not MCCONNELL. So I wish him well and policies to upgrade and to improve our want to be reliant on OPEC, and we great adventures in his retirement. Nation’s energy resource, lands, and work to address that. In the meantime, TRIBUTE TO KAREN BILLUPS forestry policies. You might say she we have taken our eye off the ball Mr. President, as I am speaking was a policy wonk, but you didn’t get when it comes to mineral security. We about retirement, I must mention a that impression from her because she now import 100 percent of 19 separate woman who is not with us as we are de- did it with a genuineness and a passion mineral commodities and more than 50 bating and navigating this Energy Pol- that clearly showed. percent of some 24 additional commod- icy Modernization Act. That woman is Karen steered a wide range of legisla- ities. This is happening despite the a friend and an incredible professional tion into law, everything from bound- growing importance of those minerals who headed up the Energy and Natural ary adjustments, to helping the econo- in our everyday lives and despite what Resources Committee for me for the mies of small western towns, to the we have here in this country, which is majority of the past several years. landmark Energy Policy Act of 2005. a world-class mineral base. When we After 25 years in the Senate, Karen Then as we wrapped up last year, she talk about energy security and making Billups has said: I am moving on to was able to pull together the end-of- sure that we are able to produce more more excitement, moving on to spend year omnibus with the energy pieces here to reduce our vulnerability, en- that time with a young son that she that we had attached to that, the ergy security also needs to include that has. Transportation bill that had an energy mineral security. Karen is an individual with an in- title that had come over from the We also have provisions to promote credible reputation, incredible integ- House side, and tax extenders. She our domestic supply of helium. A lot of rity, and a graciousness that will be worked in a way that was quiet and people do not think about helium in long remembered on this floor and amenable but, again, firm and effec- the energy space. We promote nuclear around this body. She first joined the tive. In many ways her work continues power, particularly our advanced nu- Energy and Natural Resources Com- today through this bipartisan Energy clear power, to help foster a strong en- mittee back in 1995. Before that, she bill and the other legislation she guid- ergy workforce. So when we talk about had served with distinction at the De- ed to introduction. What we are seeing

VerDate Sep 11 2014 00:39 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.010 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S302 CONGRESSIONAL RECORD — SENATE January 28, 2016 today has been done with the assist- 2,500 percent. In 2015, wind and solar But I think we must do more on en- ance—the mastermind, if you will—of comprised 61 percent of new generation ergy innovation, so I have offered an Karen Billups. capacity. Last year in the United amendment to increase the authoriza- As the ranking member and now States, by far the majority of new gen- tion for ARPA-E above and beyond chairman of the committee, I depended eration was clean energy. So what has what is in this bill. Specifically, the daily on Karen’s thoughtful leadership, happened is that the clean energy revo- amendment sets forth authorization her patient counsel, and her wise judg- lution is no longer aspirational. It is no levels as follows: $325 million for fiscal ment. I mean it when I say she was not longer something people put in a bullet years 2016 to 2018 and $375 million per only a trusted advisor but deeply point in their campaign brochure or as year for fiscal years 2019 through 2020. skilled and motivated by the best tra- a talking point in a debate. It is actu- This is a relatively modest increase ditions of service to the Senate and to ally happening. It is actually real, and of just $113 million over 4 years. It is the Nation on every issue that came it is across the country. We drive more important to remember that ARPA-E before the committee. She had an un- hybrids and electric vehicles and in- was the brainchild of a National Acad- derstanding of the operations of this creasingly use efficient appliances and emies report which recommended to body. manufacturing equipment. We have Congress that they establish an ARPA- I know those who work the floor ap- made incredible progress in driving E within the U.S. Department of En- preciated Karen’s evenhanded skills. down the costs of clean energy, but we ergy, modeled after a very successful She helped point the way with a stra- cannot let this progress stall out. We program in the Department of Defense tegic vision for policy and oversight. I need to modernize our infrastructure in called DARPA. The agency was cred- think she is probably one of the best order to integrate greater amounts of ited with such innovations as GPS, the lawyers I have ever met. Again, she renewable energy and save money for stealth fighter, and computer net- was not just a leader for the staff, she consumers through energy efficiency. working. This bill is a positive step in was a mentor for them. She was an ad- In 2007, Congress passed and Presi- transitioning our energy system from vocate for them. That is very telling of dent George W. Bush signed into law the 19th and 20th centuries into the true leadership. the America COMPETES Act, which of- 21st. There are a number of provisions Karen’s service to the Senate was ficially authorized the creation ARPA- that are worth highlighting. marked not by length but by distinc- E. In 2009, Congress appropriated and First, the bill proposes $500 million in President Obama allocated $400 million tion and by grace. She has truly earned research and development for grid- the tremendous respect that she enjoys to the new agency, which funded scale storage. This will allow us to use ARPA-E’s first projects. here and all throughout our Nation’s even more electricity from renewable Capital. Her legacy speaks for itself—a In the years since, despite bipartisan sources. There is no doubt we are going support, ARPA-E has not received stronger energy policy that benefits to continue to need baseload power, more than the $280 million in funding. every American and an Energy and but the assumptions about the percent- Yet this agency has had incredible suc- Natural Resources Committee that age of baseload power that we need in cess with even this modest amount of continues to work together to tackle order to have good power quality funding. For example, ARPA-E award- our toughest challenges. across our grids are changing. For in- ees have developed a 1-megawatt sil- For all of these reasons and so many stance, in the State of Hawaii the basic icon carbide transistor the size of a fin- more, Karen truly stands out in my assumption was that you couldn’t have gernail and engineered microbes that mind not only as a leader but as a real more than about 15 percent of penetra- use hydrogen and carbon dioxide to friend. As she embarks on this very tion of intermittent renewable energy. make liquid transportation fuel. They well-deserved retirement, she knows Well, we now have parts of our grid invest in pioneering research that is that I wish her, her family, her hus- that are 35 percent, 45 percent, renew- groundbreaking, transformative, and band Ray, and her great son Davis all able energy. So the old assumptions amazing. Think about what they could the best as she goes off to her new en- are being thrown out the window, but do with just a little more money. deavor. I wanted to take a moment to no doubt we are going to continue to Innovation in advanced energy tech- acknowledge the good work of a great need to have Federal research and pri- nologies can be a significant part of the lady who has helped shepherd this bill vate sector research into this question solution to any number of challenges: we have before us. of how much intermittent renewable increasing the reliability of our grid, Mr. President, I notice that we have energy a grid can accommodate with- lowering our electricity rates, hard- a couple of Members on the floor who I out sacrificing power quality. This $500 ening our energy infrastructure am assuming would like to speak to million investment is going to be a big against cyber attacks, and many oth- the Energy bill before us. help toward that. ers. ARPA-E is helping to fund projects I yield the floor. This bill will also continue invest- at the cutting edge of all of these chal- The PRESIDING OFFICER. The Sen- ments in grid modernization that will ator from Hawaii. lenges—and more. help to smooth the integration of dis- I encourage my colleagues on both Mr. SCHATZ. Mr. President, I wish tributed renewable generation. This sides of the aisle to continue to support to start by congratulating the chair of will make a real difference in improv- ARPA-E and to vote for this amend- the Energy and Natural Resources ing reliability while reducing individ- ment and to support the underlying Committee, the senior Senator from uals’ reliance on fossil fuels. bill, which is an important step to pav- Alaska, for her leadership on this bill This bill would also permanently re- ing the way to a revolution in the way and so many other issues. She is a tes- authorize the Land and Water Con- in which we produce and consume en- tament to how the Senate should oper- servation Fund. This is not just the ergy in the United States. ate. She is a testament to the tradition most successful conservation program Mr. President, I ask unanimous con- of bipartisanship that characterizes in our Nation’s history—and that sent that all time during the quorum would be a good enough reason to per- this body when it is behaving properly. calls be equally charged to each side. I thank her and congratulate her for manently reauthorize it—it is also an The PRESIDING OFFICER. Without her leadership on this issue and many economic driver, returning $4 in eco- objection, it is so ordered. others. nomic value for every $1 invested. Mr. SCHATZ. Mr. President, I sug- I also thank the ranking member, AMENDMENT NO. 2965 gest the absence of a quorum. Senator CANTWELL from Washington Last, but certainly not least, this bill The PRESIDING OFFICER. The State, for her leadership on this and increases funding for energy research clerk will call the roll. many other issues. They have formed a and development at the Advanced Re- The senior assistant legislative clerk good and productive partnership. search Projects Agency-Energy, which proceeded to call the roll. Our energy system is undergoing a is desperately needed because only the Mr. ISAKSON. Mr. President, I ask fundamental transformation. In the Federal Government can undertake the unanimous consent that the order for last 8 years, wind power capacity has kind of high-risk, high-reward research the quorum call be rescinded. grown by more than 400 percent, and that will allow us to maintain our eco- The PRESIDING OFFICER. Without solar capacity has grown by more than nomic dominance in this space. objection, it is so ordered.

VerDate Sep 11 2014 00:39 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.012 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S303 Mr. ISAKSON. Mr. President, I rise into the financing of the purchase of a cumulatively owe more than $8.3 bil- to praise the ranking member and the house. It is a win-win-win. I am proud lion in federal student loan debt. It is chairman of the committee on the to work with Senator BENNET on this no wonder considering the average cost great job they have done on this legis- legislation. of an associate’s degree—a 2-year de- lation. I have worked for years with I appreciate being recognized by the gree—at DeVry is about $40,000. In 2009, Senator MURKOWSKI. She is a real Chair. DeVry’s 5-year cohort default rate on trooper and has done a great job for Mr. President, I yield to the minority student loans was 43 percent. That our country and for her State of Alas- whip. means that of the students who left ka. Senator CANTWELL of Washington The PRESIDING OFFICER. The as- DeVry in the year 2009, 43 percent—al- is the same. I am pleased to work with sistant Democratic whip. most half of them—had defaulted with- them on this particular legislation, FOR-PROFIT COLLEGES AND UNIVERSITIES in 5 years of leaving DeVry. I have said which I support today. Mr. DURBIN. Mr. President, I rise it before of Corinthian—a for-profit I am rising to talk for a minute today to speak to two separate issues. school that went out of business—and I about an amendment Senator BENNET First, I wish to speak to the issue of will say it now of DeVry: Students of Colorado and I will be offering to the for-profit colleges and universities. shouldn’t be left holding the bag for bill at the appropriate time called the Yesterday another for-profit college the misdeeds of these private, profit- SAVE Act. was accused by a Federal agency of making corporations that are skim- The SAVE Act is a way to encourage misleading and deceiving students. The ming so much money from the tax- people to finance and include in the Federal Trade Commission announced payers. purchase of a new home the right types it filed suit against DeVry University The Department of Education has of energy efficiency additions to that for advertisements that deceived con- found that DeVry’s claims could not be home, which will lower the cost of en- sumers about the likelihood that stu- substantiated as required by Federal ergy to the home, improve the rate of dents would find jobs and earn money law. The Federal Trade Commission is consumption of energy in the home, after they graduated from DeVry. also suing DeVry over claims of mis- and make it easier for people to afford DeVry’s commercials and advertisements date back to at least 2008—about leading students and consumers. Stu- energy-saving R-factors for insulation, 9 years that they have been claiming dents who were harmed should be eligi- Thermopane for doors and windows, that ‘‘since 1975, 90% of DeVry grad- ble for expedited Federal student loan and other treatments they need to re- uates system-wide in the active job relief through defense to repayment. duce costs. But let me remind those who are fol- I spent 33 years in residential real es- market held positions in their fields of lowing this debate: Follow the money. tate. I don’t know much about any- study within 6 months of graduation.’’ Taxpayers across America pay their thing, but I know a lot about people Starting in 2013, they also claimed that taxes. The money goes into the Federal buying houses and about housing laws DeVry graduates ‘‘had 15 percent higher incomes one year after graduation Treasury, and then the money goes— and about financing, and I know this: on average than graduates of all other through the Treasury and through Pell For the entry-level borrower—and this colleges and universities.’’ grants and student loans—to students addresses only FHA loans—the most The Department of Education started and their families, to these private, important thing to have the right type investigating these claims in August of for-profit colleges and universities. The of energy efficiency is to be able to af- last year. After asking DeVry for proof private, for-profit colleges and univer- ford it, and the best way to be able to of their statements in these ads, the sities, such as DeVry, deceive and mis- afford it is to be able to finance it. If Department announced yesterday that lead the students about the value of you don’t allow the incorporation of the company was ‘‘unable to substan- their education and whether they will the value of the additional cost of the tiate the truthfulness of those rep- get a job after they graduate. The stu- additional R-factor for insulation or resentations, as is required by federal dents end up wasting their time and Thermopane factor for windows and law.’’ As such, the Department of Edu- their money because they end up with doors, then people don’t end up choos- cation ordered DeVry to stop making a huge student debt when it is all over. ing energy efficiency; they choose less these false claims and required DeVry’s And what happens? They default on efficient houses which last for 30 or 40 future claims related to employability their debt, which means the taxpayers years and burn more energy in their and income to be verified by an inde- don’t see the money going back to the lifetime than they would have if we pendent monitor. At the same time, it Treasury, which we hope for, or in had not had a way to incentivize people appears the Department will allow some cases the schools—like Corin- to incorporate energy efficiency into DeVry to continue to participate in thian—fail, and as a result the students the purchase of their new home. Federal title IV programs—receiving are relieved of their debt obligations— So my story is very simple. We are taxpayer dollars and enrolling new stu- as they should be, so the taxpayers here today to encourage energy effi- dents. How much Federal funding does again are the ultimate losers. ciency, encourage savings on energy, DeVry receive? In 2013 and 2014, DeVry The for-profit colleges and univer- and encourage people to focus on en- Education Group, brought in more sities of the United States of America ergy, to be a more energy-independent than $1 billion in taxpayer funding are the most heavily subsidized private country. The best way to do that is to through title IV. sector businesses in our country—not a make sure we take the mechanisms of The company’s president, Daniel defense contractor or a farm operation; purchase—being the FHA loan in this Hamburger, received $5.7 million in for-profit colleges and universities. case—and incorporate and consider for total compensation in 2014—$5.7 mil- The DeVry news follows a particu- financial value purposes, for the ap- lion. If we compare the salary this larly bad year for this industry. In 2015 praisal and for the loan-to-value ratio president took from DeVry Univer- more misconduct and schemes were ex- and for qualification purposes, the sav- sity—which receives the lion’s share of posed when it came to for-profit col- ings of the R-factor improvements, all of its funds from the Federal Gov- leges and universities than ever before. Thermopane improvements, and other ernment—we will find he is com- Enrollment across the industry is de- energy efficiency improvements put in. pensated dramatically more than col- clining, as students and their parents At the appropriate time—sometime lege presidents across the United finally realize that many of these today—I will ask the chairman to rec- States. The president of the University schools are just bad news. State and ognize me to set aside the pending of Illinois—a major flagship institution Federal regulators are shining a light amendment and make this amendment and research university—makes a base on the illegal tactics of the for-profit pending, but until that time, I wanted salary in the neighborhood of $600,000. college and university industry. Stock to come to the floor to let Members By comparison, DeVry’s president, prices for these private, for-profit cor- know we have an outstanding piece of Daniel Hamburger, received $5.7 mil- porations are plummeting because in- legislation which scores at zero in lion in total compensation thanks to vestors realize that exploiting these terms of costs, applies only to FHA the taxpayers and students. students, misleading these students, loans, encourages energy efficiency, Meanwhile, according to a recent and swindling taxpayers is not a sus- and allows people to afford to build it study by Brookings, DeVry students tainable business model.

VerDate Sep 11 2014 00:39 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.013 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S304 CONGRESSIONAL RECORD — SENATE January 28, 2016 Years of bad behavior are catching up Thank goodness and good riddance. In accused the school of violating Iowa’s with for-profit colleges and univer- Chicago, an associate’s degree in cul- Consumer Fraud Act after the Iowa at- sities, and it shows in how for-profit inary art at Le Cordon Bleu would have torney general received multiple com- education companies are closing their cost $42,000, and students had a one-in- plaints filed by current and former schools across the country. Even in my five chance of defaulting on any loans Ashford students. This included com- home state of Illinois, we have seen they took out for that associate’s de- plaints that this for-profit school mis- dramatic changes over the last year. It gree. If the students walked a few led students to believe that an online started with the collapse of Corinthian. blocks away to Chicago City Colleges’ Ashford education degree would allow This company was inflating its job- Kennedy King Campus, in comparison, students to become classroom teachers placement rates to lure in new stu- they could have received the same de- with no further certification. dents, defrauding the students, their gree not for $42,000 but for $7,000. And I remember Ashford because our families, and taxpayers, and lying to the likelihood of defaulting on student former colleague, Senator Tom Harkin the accrediting agencies and Federal loans at City Colleges is not 1 in 5, as of Iowa, held a hearing and talked Government. When Corinthian col- it was at Le Cordon Bleu, it is 1 in 20. about how Ashford bought what was a lapsed, more than 70,000 students were Harrington—I have talked about small Catholic college, took on their left in the lurch, many with more debt them before. Harrington College of De- accreditation, and started peddling the than they could possibly repay and a sign exploited Hannah Moore, a young for-profit education that was worth- Corinthian education that turned out woman from Chicago whom I have less. Do you know what the faculty of to be virtually worthless. come to know. She got her degree at Ashford University consisted of at that In Illinois, the campuses Corinthian Harrington after transferring from a time? One faculty member for every 500 operated as Everest College in the vil- community college. She couldn’t find a students. Do you know what the people lages and towns of Bedford Park, Burr job in her field with her Harrington de- who were running this scam operation Ridge, Melrose Park, Merrionette gree. It turned out to be worthless. were paid? Millions—millions of dollars Park, and Skokie were then sold to What did it cost her to get the degree, of taxpayers’ money. The investigation ECMC. ECMC was a new creation. This this for-profit college degree that Har- found that Ashford recruiters, in addi- company that created this new not-for- rington heavily marketed? Hannah tion, misled prospective students, used profit, in name at least, college, inci- paid $125,000. She still carries that debt high-pressure sales tactics, and failed dentally, is a major debt collector for to this day, and it is growing. She can’t to disclose information about the cost the U.S. Department of Education and pay it off fast enough, and it has and likelihood of obtaining a degree. had no previous experience running an ballooned to $150,000. This poor young In 2015, Ashford announced it was educational enterprise. What qualified woman. Her life is compromised be- going to close its Clinton, IA, campus— them to start a college, I don’t know. cause of the exploitation of her ambi- thank goodness and good riddance. It is Unfortunately, ECMC maintained tion to do something important in life. for the students who could have been much of the old Corinthian leadership She had to live in her parents’ base- exploited by these companies that I say and maintained practices to keep stu- ment. Her dad came out of retirement this: It is time for us to stand up as a dents from suing them for misconduct. to try to help his daughter pay off her Congress and Federal Government and After the Illinois Board of Higher Edu- students loans because, you see, the put an end to this insidious scam of cation pushed them on some of these loans that are taken out to go to any students, their families, and the tax- issues, ECMC decided to teach-out its institution of higher education are not payers. newly acquired campuses in Illinois like money borrowed for a car or a Thousands of students in Illinois and and leave the State, thank goodness. home; these student loans are not dis- all across the Nation have been lured Then there is Westwood. Illinois at- chargeable in bankruptcy. What does into attending these for-profit schools torney general Lisa Madigan—whom I that mean? You are going to carry with lies or deception. Don’t take this respect very much—sued Westwood them to the grave. Senator’s word for it. Take a look at College for engaging in deceptive prac- Many student loan debts that are in the litany of schools that are under in- tices. Attorney General Madigan’s suit default are being collected in the most vestigation by State and local authori- focused specifically on Westwood’s unusual places. Grandmothers who ties for fraud. Many students, such as criminal justice program. In order to helped their granddaughters by co- Hannah, have so much debt that their lure students into the program, this signing their loan for college—when lives and futures are compromised. private, for-profit college, Westwood, the granddaughter defaults, it is the Over the last year, I have joined sev- convinced the students they could get grandmother and in some cases her So- eral of my Senate colleagues to push jobs with the Chicago Police Depart- cial Security payments that are with- the Department of Education to pro- ment or the Illinois State Police if held to pay off these student loans. vide Federal student loan debt relief to they would just hang on and get a de- These loans will haunt these students, students who have been taken advan- gree from Westwood. What happened many of them for a lifetime, particu- tage of by the for-profit colleges. We when the students graduated and took larly if they have gone to these for- have an obligation here. To think that their degrees and diplomas to employ- profit schools. we are shoveling $25 billion into these ers and applied for a job? The employ- Finally, even though it is not in Illi- for-profit schools every single year ers laughed at them. They didn’t recog- nois, I want to mention Ashford Uni- without asking the hard questions nize a Westwood degree. versity. On a campus in Clinton, IA, about whether taxpayers’ dollars and In November, Attorney General Mad- just across the Mississippi River, student debt is justified by the results. igan reached a settlement with Ashford has shown itself to be one of Shame on us—we can do so much bet- Westwood. It agreed to forgive $15 mil- the worst actors in the for-profit col- ter. The numbers tell the story. Ten lion in private student loans for Illi- lege industry. percent, or 1 out of 10, of college stu- nois students—private loans, not fed- A Bloomberg News story told of dents in this country attend for-profit eral loans. Shortly thereafter, James Long, who suffered a brain in- colleges and universities, and 20 per- Westwood announced it would stop en- jury when he was in service to his cent of all the Federal aid to edu- rolling students and end operations at country in the Army, driving a humvee cation, or $25 billion, goes to these for- its campuses nationwide, including the in Iraq that was attacked. An Ashford profit colleges and universities. In four it operates in the Chicagoland recruiter went after James Long and spite of it only accounting for 10 per- area. Thank goodness and good rid- got him to sign up to use his military cent of college students, these for-prof- dance to Westwood. education benefits to enroll in classes it colleges and universities account for Also in 2015, Career Education Cor- that this individual, sadly, could not over 40 percent of student loan de- poration, which is another for-profit even remember because of the trau- faults. They charge too much, their di- college, announced it would close its matic brain injury he had suffered. plomas are worth too little, and these brands Sanford Brown, Harrington Col- In 2014, Iowa attorney general Tom students suffer as a result. lege of Design, and Le Cordon Bleu, all Miller announced a $7.25 million settle- What is our obligation here? Is this a of which had campuses in Illinois. ment with Ashford University. Miller ‘‘buyer beware’’ situation when it

VerDate Sep 11 2014 00:39 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.015 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S305 comes to the students and their fami- will make their homes more efficient, assurance is through an autopsy. If we lies or is it a situation where ‘‘Con- allowing them to spend less money to can—through imaging devices, while a gress beware’’ if we aren’t more sen- keep their homes cool and warm. It person is still alive and before they sitive to the fact that we are propping will also help maintain Illinois’ leader- have really started to decline—detect up an industry that is exploiting these ship as the top State for LEED-cer- and work on stopping the progress of students and taxpayers. tified buildings as ranked by the U.S. Alzheimer’s, it would be an amazing With the closure of these campuses in Green Building Council. achievement. Illinois and several of these companies The bill encourages the development Once every 67 seconds in America moving out of the State all together, of new energy resources such as geo- someone is diagnosed with Alzheimer’s. the educational landscape is a little thermal and hydropower and better I challenged my staff when they told safer for the thousands of Illinoisans ways to store carbon dioxide, which me that, and they were right. Almost trying to do the right thing—to get an will help us address the challenge of every single minute a person is diag- education for themselves and their climate change. Most importantly, the nosed with Alzheimer’s. families. There is a sensible alternative bill makes a substantial commitment Last year, in Federal funds, we spent in virtually every city and town in to supporting basic science research in Medicare and Medicaid $200 billion America—community colleges, city and innovation at universities and the on Alzheimer’s patients. Imagine what colleges. They are affordable, and in Department of Energy’s laboratories. was spent in the private sector, and most cases the credits are transferrable The Energy Policy Modernization Act imagine the kind of sacrifices and the to major universities and students authorizes 4-percent annual budget in- spending that were made by families don’t incur the kind of debt that can creases for the DOE Office of Science trying to maintain the care of a family compromise their lives for years and and the Advanced Research Projects member stricken with Alzheimer’s. So putting a little extra money into years to come. Agency. biomedical research, or in this case re- I have spoken on the floor many As cochair of the Senate National search at the Office of Science, is times about these for-profit colleges Laboratory Caucus, I strongly support money well invested. If we can slow and universities. In one respect it is a these increases at DOE’s Office of down the progress of Alzheimer’s and fairly easy issue and easy topic. They Science because I know it will lead to find a way to delay it—even months— need to be held accountable, as DeVry new breakthrough scientific discov- it will pay back this investment over is being held accountable by the De- eries that will keep America competi- and over. God willing, if we find a cure, tive. partment of Education and the Federal it will justify every penny we put into Trade Commission for their mis- Since their creation in the 1940s, the national labs have really done some this research. conduct. I will offer an amendment, and what amazing things on energy innovation, Now the question is this: Will the I am asking is basic. I am asking for scientific discovery, and national secu- Congress step up to its responsibility authorization for 5-percent real growth rity. In Illinois, both Argonne and to clean up this situation? that is over inflation. I think that is Fermi serve as a meeting place for the Mr. President, the Senate is cur- the least we can do, but I think it will rently considering a bipartisan energy world’s best researchers. The work con- be a significant commitment and sub- bill that will help put our country on a ducted at their labs leads to advances stantially more than is currently in pathway to build a 21st century econ- in alternative-fuel vehicles and im- the bill. omy. It contains several important provements in energy efficiency. Uni- The work at these labs has led to provisions to develop domestic clean versities from across the country use amazing advances, and I think there is energy resources, and I look forward to the labs to conduct research and train more ahead of us. In addition to sup- working with my colleagues through others. That is why earlier this year I porting basic science research, the act the amendment process to strengthen introduced a bill, the American Innova- before us directs the Department of it. tion Act, to provide 5-percent real Education to build a research program I wish to congratulate Senator LISA growth to DOE’s Office of Science. to develop the next generation of com- MURKOWSKI, a Republican from Alaska, I hope to offer an amendment on the puters—1,000 times faster than our cur- and Senator MARIA CANTWELL, a Demo- floor. A 4-percent annual increase when rent supercomputers. Is it possible? I crat from the State of Washington—the it comes to the Office of Science in the believe it is. I am not an expert in this chair and ranking member of the En- Department of Energy, for example, is field, but you have to step back and ergy and Natural Resources Com- good, but that is not 4 percent over in- say that it is amazing when they tell mittee—and applaud them for their ef- flation. If inflation is running at 2 per- us that the cellphones we carry around fort and thank them for bringing this cent, it is merely a 2-percent real in- have more computing power than the bipartisan measure to the floor. crease in research. I think we ought to early computers that Steve Jobs and The Energy Policy Modernization err on the side of investing more into others brought to market. Act is a result of the committee’s mul- research. I think we should have 5-per- Currently, companies around the tiple hearings on over 100 individual cent real growth in investment in the world use supercomputers to solve bills. If passed, it will be the first National Institutes of Health, the Cen- problems and answer important ques- major energy bill approved by Congress ters for Disease Control and Preven- tions. Boeing and Cummins have both in 9 years. tion, the Department of Defense med- used DOE supercomputers to design A lot has changed in 9 years. The ical research, and the Veterans Admin- better airplanes and trucks and use United States has dramatically in- istration medical research. Then when less energy so that they burn fuel more creased natural gas and oil production. it comes to this side of the ledger, such efficiently. This has led China, South Renewable energy production has sky- as innovations, let’s include the Office Korea, and Europe to get into the com- rocketed and the cost of this has de- of Science and many other key agen- petition. They are in the race, too, for creased. More Americans are using it. cies. the next generation of supercomputers. We are also finding new and better I visited the Department of Energy a I want America to win that race. The ways to address our most pressing en- few months ago, and I had breakfast bill before us, with its investment and ergy and climate change challenges. with Ernest Moniz, who is the Sec- research, can make a difference. The The bill before us takes those new de- retary. I talked to him about bio- government should invest in these labs velopments into account and updates medical research, and he said: There is and in research to create jobs and com- our policies. The act strengthens en- something I need to share with you. petitive businesses. This bipartisan energy efficiency measures for Federal The Office of Science in the Depart- ergy bill can achieve that and lead this buildings and multifamily homes and ment of Energy is developing the tech- country to a brighter future with reauthorizes important programs such nology for imaging the brain so we can greater energy resources that have a as weatherization and energy. In Illi- detect early indications of Alzheimer’s. lighter impact on the environment and nois, that means tens of thousands low- Currently, unfortunately, the only way build a stronger economy. Because the income and elderly households will be to really say that a person is suffering energy choices we make now will deter- able to receive critical upgrades that from Alzheimer’s with any objective mine the future of our children and

VerDate Sep 11 2014 00:39 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.017 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S306 CONGRESSIONAL RECORD — SENATE January 28, 2016 grandchildren, we ought to be serious represents a significant advancement ties undermining cyber security; have about it. We ought to make the invest- in North Korea’s nuclear weapons capa- sold, supplied or transferred to or from ments for a sustainable planet and a bility. We also know North Korea con- North Korea precious metals or raw promising, bright future. tinues to advance its ballistic missile metals, including aluminum, steel, and I hope my colleagues will work to- program. News reports recently out of coal for the benefit of North Korea’s re- gether to improve this bill and help us both Japan and in the United States gime and its illicit activities. create a 21st century energy economy. talk about the equipment being moved These are mandatory sanctions. It is I yield the floor. for a possible additional missile a dramatic new direction from the dis- I suggest the absence of a quorum. launch. cretionary sanctions of today. I would The PRESIDING OFFICER. The ADM Bill Gortney, the head of U.S. note that these mandatory sanctions clerk will call the roll. Northern Command based at Peterson on North Korea’s cyber activities and The legislative clerk proceeded to Air Force Base in Colorado Springs, mandatory sanctions on the minerals call the roll. CO, has publicly stated on several occa- are unique to the Senate legislation. Mr. GARDNER. Mr. President, I ask sions that North Korea may have al- This bill also codifies Executive unanimous consent that the order for ready developed the ability to minia- Order Nos. 13687 and 13694, regarding the quorum call be rescinded. turize a nuclear warhead, to mount it cyber security as they apply to North The PRESIDING OFFICER (Mr. on their own intercontinental ballistic Korea, which were enacted last year in FLAKE). Without objection, it is so or- missile called the KN–08, and to ‘‘shoot the wake of the Sony Pictures hack dered. it at the homeland.’’ Admiral Gortney and other cyber incidents. This is also Mr. GARDNER. Mr. President, I ask reiterated those fears to me privately a unique feature of the Senate bill, the unanimous consent to speak as in in our conversations numerous times Gardner-Menendez substitute amend- morning business. as well, including his feeling—his con- ment. The PRESIDING OFFICER. Without cern—that the condition of the penin- Lastly, the mandatory sanctions on objection, it is so ordered. sula is perhaps at its most unstable cyber violators will break new ground NORTH KOREA SANCTIONS AND POLICY point that it has been since the armi- for Congress if enacted and signed into ENHANCEMENT ACT stice. law, perhaps providing precedent for Mr. GARDNER. Mr. President, we North Korea continues to grossly future cyber violations around the just left the Senate Foreign Relations abuse the rights of their own people. globe. Committee, as the Presiding Officer There are up to 200,000 men, women, We need to look for every way to de- knows as a member of the Foreign Re- and children in North Korea’s vast prive Pyongyang of income to build its lation Committee, where we passed, prison systems. In fact, the United Na- weapons program, strengthen its cyber with overwhelming bipartisan support, tions Commission of Inquiry in 2014 capabilities, and continue the abuse of legislation to increase our sanctions found that North Korea’s actions con- its own people. We must stop this re- against the rogue regime in North stituted a crime against humanity. gime’s abuse, and we must also send a Korea. We have seen North Korea’s cyber ca- strong message to China, North Ko- About a year ago I had a conversa- pabilities grow into an asymmetrical rea’s diplomatic protector and largest tion with Senator CORKER, the chair- threat that they have utilized against trading partner, that the United States man of the Senate Foreign Relations its neighbors, South Korea and Japan, will use every economic tool at its dis- Committee, about the need for the leg- as well as the United States, as we all posal to stop the forgotten maniac. islation. We both agreed that North recall after the Sony Pictures hack in I urge my colleagues to support this Korea poses a serious and growing November of 2014. According to a No- legislation when it moves to the floor. threat to its neighbors, to the U.S. vember 2015 report by the Center for I congratulate Senator CORKER and homeland, and to global security. We Strategic and International Studies, Senator MENENDEZ for coming together agreed we could not continue to ignore North Korea is emerging as a signifi- with a bipartisan solution today so this the forgotten maniac—the forgotten cant actor in cyber space with both its body and the House of Representatives maniac who is Kim Jong Un. military and clandestine organizations can pass this legislation and put it on This past August I had an oppor- gaining the ability to conduct cyber the President’s desk to be signed into tunity to visit with South Korea per- operations. law. sonally to meet with the President of All of these developments represent a Mr. President, I yield the floor. South Korea, Mr. Park, and we agreed failure of U.S. policy of strategic pa- The PRESIDING OFFICER. The Sen- that the status quo with regard to tience toward North Korea. That is ator from Colorado. North Korea was no longer sustainable why this bill out of committee, with Mr. BENNET. Mr. President, I con- and no longer responsible. That is why the strong bipartisan support that it gratulate the Senator from Colorado this past October I introduced S. 2144, received today, represents a final for moving his amendment forward. the North Korea Sanctions and Policy change in that failed policy. It allows I am here on a different subject, Enhancement Act. I thank the spon- us to change course and, in just a cou- which is to discuss an amendment that sors of that bill—Senators RUBIO, ple of weeks, we can put that legisla- I submitted with Senator ISAKSON con- RISCH, PERDUE, and ISAKSON—for co- tion into effect. cerning residential energy efficiency. sponsoring the legislation and the The House of Representatives, as we The so-called SAVE Act has always chairman and his staff for their encour- know, passed 418-to-2 their own version been thoroughly bipartisan, drawing agement and invaluable support to of a bill sanctioning North Korea just a the support of Senators ISAKSON, make that bill a reality today, along few weeks ago, and I thank the chair- TOOMEY, MORAN, PORTMAN, BOXER, and with Senators CARDIN and MENENDEZ, man for moving forward on our very others, and attracted support from who worked so hard, and the work Sen- strong substitute amendment today. groups all across the political spectrum ator MENENDEZ has been leading over The Gardner-Menendez substitute be- from the U.S. Chamber of Commerce the past year as well. This is a bipar- fore us today represents a slightly all the way to the Sierra Club. tisan product that came out of the modified version of S. 2144. In par- Our amendment would allow for a committee. As the chairman an- ticular, this legislation mandates—not home’s energy efficiency to be consid- nounced today, we will most likely see simply authorizes, it mandates—the ered when a borrower is applying for a floor time in just a couple of weeks. President to impose sanctions against loan by making a simple change to On January 6, 2016, our worst fears persons who materially contribute to home underwriting and appraisal were realized when North Korea con- North Korea’s nuclear and ballistic standards. Specifically, when you apply ducted its fourth nuclear test. More- missile development; import luxury for a mortgage, you can request under over, North Korea has claimed this test goods into North Korea; enable its cen- this legislation an energy audit, and if was a hydrogen bomb, which is a vastly sorship and human rights abuses; en- you have a loan that is backed by the more powerful weapon. Even if the re- gage in money laundering or manufac- FHA, the energy efficiency of your ports out of North Korea are not true turing of counterfeit goods and nar- home and your energy bills will be that it is not such a weapon, it still cotics trafficking; engaging in activi- taken into account by your mortgage

VerDate Sep 11 2014 04:54 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.018 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S307 lender. Without this change, even amendment. One of the necessary com- name change required a new National though homeowners spend more on en- ponents to leveraging our abundant en- Environmental Policy Act—or NEPA— ergy costs than taxes or home insur- ergy resources and strengthening our review because a separate pipeline, the ance, the amount you pay each month energy security involves building the Bakken North, based wholly within the for energy is not taken into account. infrastructure to take energy from United States, would connect to it. So This amendment isn’t a mandate. It where it is produced to where it is con- to change the name, they had to do a doesn’t require anything. It simply al- sumed. Whether it is transporting NEPA review for 21⁄2 years. lows mortgage lenders to account for crude oil or natural gas or modernizing Electric transmission lines. There energy costs in the same way they ac- and connecting our electric grid, these have also been many delays in siting count for taxes and insurance. It projects require long-term planning electric transmission lines between the makes no sense that cosmetic improve- and investment, as well as a regulatory United States and Canada, and in a lot ments like new countertops increase a environment that promotes certainty of cases that is for renewable energy. house’s value, but an energy-efficient and transparency, as well as impartial One example is the New England Clean furnace, which will actually save review. Power Link, a 1,000-megawatt project homeowners thousands of dollars, does That is why I have submitted an delivering renewable energy spanning not. amendment which is identical to the 154 miles between Vermont and Quebec. This amendment will create thou- North American Energy Infrastructure The company filed its application for a sands of jobs in manufacturing, con- Act—S. 1228—that would modernize the Presidential permit in May of 2014. Yet struction, and energy efficiency. It will existing Department of Energy Presi- its application has been pending for save homeowners money on their en- dential permitting process for cross- over 20 months for a renewable energy ergy bills, and it will decrease fore- border infrastructure projects. electric transmission line. closure risk. It will increase the energy This amendment, which is cospon- efficiency of our homes. It does all this Another example is the Great North- sored by Senator DONNELLY of Indi- ern Transmission Line, a 220-mile by giving consumers a choice they ana—it is a bipartisan measure—re- don’t today have. project that would connect Minnesota moves the need for a Presidential per- and Manitoba, bringing hydroelectric- I have heard from builders all across mit for the construction, operation or Colorado who support this amend- ity and wind power across the border. maintenance of a new oil or natural The project’s Presidential application ment—people like Gene Myers, who is gas pipeline or electric transmission the CEO and founder of Thrive Home was filed in April of 2014. While the re- facility with Canada or Mexico and in- view is ongoing and we hope an out- Builders. He has built more than 1,000 stead places the process in the proper energy-efficient homes in the Denver come will come soon, this application Federal agencies. has been pending for almost 2 years. area, but he understands we will not While it does not alter the NEPA— The third example is the Champlain fully attain the benefits of efficiency in again, I will repeat this. While it does Hudson Power Express project, a 333- the market until we properly value it. not alter NEPA’s—the National Envi- For these reasons, a large and diverse mile underground and underwater ronmental Policy Act—environmental coalition supports this amendment, in- project. It will bring 1,000 megawatts of review process, our amendment sets cluding the National Association of hydroelectric power from Quebec to the time limits for Federal agencies to Manufacturers, the National Associa- New York City area. The application make a decision on projects once those tion of Home Builders, the U.S. Cham- for a Presidential permit was initially necessary reviews are completed. This ber of Commerce, and the U.S. Defense filed in January 2010; yet it took al- will add greater certainty to the per- Council, among others. most 5 years—until October 2014—for mitting process, and that certainty I urge my colleagues to support this the Presidential permit to be issued. will help attract the long-term invest- bipartisan and commonsense amend- Inconsistent delays in the Federal re- ment necessary to help us build the en- ment to improve energy efficiency and view timelines, which last longer than create American jobs. I thank the Sen- ergy infrastructure we need. These projects are too important to the Energy Department’s 6- to 18- ator from Georgia, Mr. ISAKSON, for his our economy and to our national secu- month target—the target is 6 to 18 leadership and his sponsorship of this months, not 5 to 7 years—inject uncer- legislation. rity to be dragged out virtually for years, such as in the case of the Key- tainty, risk, and costs into all of these Mr. President, I yield the floor. vital projects. The PRESIDING OFFICER. The Sen- stone XL Pipeline—more than 7 years. Commonsense reforms are needed so ator from North Dakota. We need a process that is fact-based, Mr. HOEVEN. Mr. President, I rise to transparent, consistent, and non- the project proponents and consumers speak about the Energy Policy Mod- partisan, that will help support the im- can benefit. This is exactly what this ernization Act of 2015—legislation that portant energy relationship between legislation does. Specifically, this has been advanced by our Energy and the United States and our closest amendment would eliminate the Presi- Natural Resources Committee chair- friend and ally—Canada. dential permit requirement for con- man, Senator MURKOWSKI, along with The Energy Department publicly struction or modification of new oil the ranking member, Senator CANT- states that it requires approximately 6 and natural gas pipelines, as well as WELL. As a member of the committee, I to 18 months to issue a Presidential electric transmission facilities, that appreciate their leadership on this im- permit. However, there are numerous cross the national boundary of the portant issue and this legislation we examples of pipelines and electric United States. Instead, it places the are now considering on the floor. transmission applications languishing process in the proper agencies. I think Chairwoman MURKOWSKI is far beyond that timeline. The many in- It would require that the certificate right when she speaks to the need to consistencies involving these applica- of crossing will be issued by the Sec- update our Nation’s energy policy and, tions speak to the need to update this retary of State for oil pipelines, the in that spirit, I filed several amend- permitting process. Energy Department for electric trans- ments designed to advance our Na- So let’s start with crude oil pipelines. mission lines, and FERC and the En- tion’s energy policy in key areas. Take, for example, the bureaucratic ergy Department for cross-border nat- Today I wish to speak briefly about delays for the Plains All American ural gas pipelines, as currently config- these three amendments. These amend- Pipeline, which secured a Presidential ured. ments would help provide regulatory permit from the U.S. State Department It requires the State Department to certainty for cross-border infrastruc- for its crude oil pipeline in 2007. In Feb- issue a certificate of crossing on a ture projects, the regulation and recy- ruary of 2013, the company sought a cross-border pipeline permit within 120 cling of coal ash, and reaffirm State name change permit from the State days upon completion of a NEPA envi- primacy for energy development, par- Department. However, it took until ronmental review process. There is the ticularly when it comes to hydraulic August of 2015—21⁄2 years—before a NEPA environmental review process, fracturing or fracking. name change was approved. but then 120 days after that, they have First, let me talk about the North The State Department informed the to make a decision and they have to American energy infrastructure company that its application for a issue a certificate of crossing unless

VerDate Sep 11 2014 04:53 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.020 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S308 CONGRESSIONAL RECORD — SENATE January 28, 2016 the agency finds that construction of At this point, Mr. President, I would local government. Let’s just take this the cross-border segment is not in the ask how much time I have remaining. as an analogy. You want to build a public interest of the United States. The PRESIDING OFFICER. The Sen- house, but there is no building permit It would retain the NEPA review of ator has 6 minutes remaining. process to go through with the local the potential environmental impacts of Mr. HOEVEN. Mr. President, the government. You call the city or the a new project at a border crossing and next amendment I would like to review county, and they say: Well, you should leaves unchanged all other environ- that I will be offering is identical to a just read the rules, and if you violate mental, land, or wildlife reviews cur- bill introduced by Senator MANCHIN the rules, know that you can be sued at rently applying to any other pipeline and myself. It is the Improving Coal any time by anyone who thinks that constructed in the country. In other Combustion Residuals Regulation Act maybe you didn’t build that addition words, the States would still oversee of 2016, S. 2446. This legislation, which according to the law. This process the NEPA and permitting processes, as builds on our past efforts to find a bi- would leave you without any sort of as- they do now. cameral, bipartisan approach to coal surances that you actually built your It would provide for an open and ash, ensures that there is safe disposal addition in accordance with the law. transparent rulemaking process to de- of coal ash and provides greater cer- Worse, you would have the threat of termine the definition of ‘‘cross-border tainty for its recycling. This is a win litigation hanging over your head. segment,’’ which would be used to help from the industry standpoint of more Does that make any sense? determine the scope of the NEPA re- energy, it is more cost-effective, but it Think about it. You build a house, a view process. That is because requiring is also an environmental win in terms nice, beautiful house, in Phoenix, a NEPA review for the entire pipeline of recycling coal ash, as well as making where it is nice and warm in the win- project duplicates the multiple Fed- sure that when it is disposed of, it is ter. You can’t get a building permit. eral, State, and local agencies’ regula- done safely. You build that house according to your tions, processes, and authorities al- Coal ash is a byproduct of coal-based interpretation of the regulations, but ready in place. electricity generation that has been anybody—it might be your neighbor; it There are numerous existing State safely recycled for buildings, roads, might be somebody who comes down and Federal laws and regulations for bridges, and other infrastructure for from the great State of North Dakota the review and approval of siting, land years. In fact, I think it is important to enjoy your lovely winter—anybody acquisition, design, and construction of to take note of the environmental and may decide to sue you, and they would projects. Those remain unaffected by financial benefits of coal ash recycling. be able to do it. That is how the regula- this amendment. For example—and Over 60 million tons of coal ash were tion of coal ash is set up. Come on. It this is important—State laws and regu- beneficially used in 2014, including over lations governing pipeline siting re- makes no sense at all. That is how it 14 million tons in concrete. It has been has been done, and that is why we need main unchanged by this amendment. calculated that taxpayers save $5.2 bil- Federal laws and regulations governing to fix it. lion dollars per year thanks to the use Our amendment will directly address design, construction, safety, and envi- of coal ash in federally funded road and this problem by taking the best parts ronmental review of the pipelines re- bridge construction. Products made main unchanged. State and local laws of our EPA rule—the standards for coal with coal ash are often stronger and ash disposal—and incorporating all of and regulations regarding land and more durable, and coal ash reduces the rights-of-way acquisition for infra- them in EPA-approved State permit need to manufacture cement, which re- programs for both recycling and dis- structure projects, such as pipelines, sulted in greenhouse gas emission re- would remain unchanged. Construction posal. The States will have direct over- ductions of 13 million tons in 2014. sight over disposal sites’ design and op- and operation of a pipeline in the In December of 2014, the EPA put United States must comply with the eration, including inspections, air cri- forth new regulations for the manage- teria, run-on and run-off control, clo- safety regulations of the Pipeline and ment of coal ash. The regulations made Hazardous Materials Safety Adminis- sure and postclosure care, and financial clear—at least for the time being—that assurance. Meanwhile, we offer State tration. This is a separate process from coal ash would continue to be treated the NEPA process and is also un- regulators the same flexibility for im- and regulated as a nonhazardous waste plementing the groundwater moni- changed by this amendment. consistent with EPA’s earlier findings. The measure would provide appro- toring and corrective action standards However, the regulation has a major priate authority and scope to the State that are currently provided under ex- flaw: It relies solely on citizen lawsuits Department for examination of border- isting municipal solid waste and haz- crossing impacts of projects. Other re- for enforcement. What this means is ardous waste regulations, allowing views by the Department of Interior, that neither the EPA nor the States State regulators to make tailored, site- Bureau of Land Management, U.S. Fish can directly enforce the rules through specific adjustments. and Wildlife Service, and U.S. Army a permit program with which owners We have been listening to the issues Corps of Engineers for issues such as and operators of coal ash disposal fa- the EPA has brought up about our pre- environmental, land, and wildlife im- cilities must comply. Think about it. vious versions of this legislation. In pacts are appropriate and remain un- That means the regulation does not fact, we changed the legislation to in- changed. create the constructive regulatory clude a more traditional EPA applica- The amendment would require FERC guidance and oversight necessary to tion process for the State permit pro- to approve natural gas cross-border ensure the proper management of coal grams. If the EPA finds that a State pipelines consistent with current pol- ash. Instead, the EPA regulation has permit program is deficient—— icy. It also requires the Energy Depart- created a situation whereby the only The PRESIDING OFFICER. The Sen- ment to issue a permit within 30 days enforcement mechanism for the rule is ator’s time has expired. of the receipt of the FERC action. that an operator of a coal ash site can Mr. HOEVEN. Mr. President, I ask Again, these are rational timelines, so be sued for not meeting the EPA’s new unanimous consent for 2 minutes to there is some consistency and depend- Federal regulatory standards. Those finish my remarks, with the indulgence ability in the process. subject to this regulation whose re- of the Senator from Massachusetts. Finally, the amendment also speci- sponsibility it is for keeping the lights The PRESIDING OFFICER. Without fies that existing projects do not need on for our electricity consumers are objection, it is so ordered. further approvals for new or revised themselves left in the dark about how Mr. HOEVEN. If the EPA finds a Presidential permits for certain modi- the EPA standards will be defined in State permit program deficient, then fications. These include alterations court cases across the Nation. Instead the EPA can take direct control over such as volume expansion, adjustments of direct oversight, we will have law- the State’s permit program in that to maintain flow, or changes in owner- suits brought by those who want to State. If a State doesn’t want to have ship. shut down coal production. its own permit program, the EPA runs This is commonsense legislation that Imagine building an addition to your the permit program for the State. can help us build the vital energy in- house and there being no building per- Mr. President, our amendment is frastructure we need for this country. mit process to go through with your about responsible regulation. It is

VerDate Sep 11 2014 02:10 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.021 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S309 about certainty for recyclers and for less revenue for the U.S. refining sector The current Cassidy-Markey amend- the American public, who will know over the next decade. ment that is pending to the Energy bill that State and Federal regulators are It could raise prices for consumers, contains language virtually identical actually working with energy pro- who are currently saving $700 a year at to the amendment to the Transpor- ducers to ensure safe disposal of coal the pump and $500 a year on home tation bill that was adopted on the ash. heating oil this winter because of low Senate floor. It would apply the same I urge my colleagues to support this prices. fix to the sales required by the Budget commonsense, bipartisan approach by It could harm U.S. shipbuilders. We Act in order to protect taxpayers. voting for the Hoeven-Manchin amend- have been having a shipbuilding renais- Too often our policy with respect to ment. sance in this country. We are currently SPRO has been to buy high and sell I do have another amendment to seeing the biggest shipbuilding boom in low. Taxpayers have paid an inflation- speak on, but at this time, due to time 20 years, and it has been because of our adjusted average of roughly $75 a barrel constraints, I will defer to the Senator increasing oil production and the Jones for the oil that is in our Nation’s from Massachusetts, and I thank him Act, which requires shipments between stockpile. We should ensure that we for his courtesy. U.S. ports to be on U.S.-built, U.S.- get the best return for our taxpayers in I yield the floor. flagged, and U.S.-crewed ships. This those SPRO sales. That is what our The PRESIDING OFFICER. The Sen- means that producing more oil is lead- amendment would do. ator from Massachusetts. ing to investment in U.S.-built ships to I yield the floor. REMEMBERING CHRISTA MCAULIFFE move that oil around the country. The PRESIDING OFFICER. The Sen- Mr. MARKEY. Mr. President, I want Right now, U.S. shipbuilders have or- ator from Oregon. to take a moment to acknowledge the ders to expand our domestic tanker Mr. MERKLEY. Mr. President, did life of Massachusetts’ Christa fleet capable of transporting crude oil my colleague from Alaska wish to in- McAuliffe. She lost her life, along with by 40 percent. Each oil tanker can rep- tervene for a moment? six other crewmembers, 30 years ago resent an investment of $100 to $200 Ms. MURKOWSKI. Just an inquiry, today when the space shuttle Chal- million. Five years ago there were zero Mr. President, into how much time the lenger exploded. She was an extraor- orders. Now one company alone in Senator is seeking at this moment. dinary teacher and was selected out of Pennsylvania—Aker ASA—has nearly Mr. MERKLEY. Yes, 10 minutes. a pool of 11,000 applicants to lead the $1 billion in back orders and has tripled Ms. MURKOWSKI. I also understand ultimate field trip as the first teacher employment over the last 3 years. that Senator WHITEHOUSE wishes to in space. Her legacy lives on in many Exports could stop all of this in its speak to an amendment that is pend- ways but especially at the Christa tracks, so that GAO report is very im- ing. Is that correct? McAuliffe Center for Education and portant. I also want to compliment Mr. WHITEHOUSE. Mr. President, I Teaching Excellence at her alma Chairman MURKOWSKI and Ranking only wish for a moment to speak in mater, Framingham State University. Member CANTWELL for their excellent favor of the Crapo-Whitehouse amend- AMENDMENT NO. 2982 work in partnering to produce the leg- ment. I could do that for a minute or Mr. President, the omnibus spending islation which we are considering here for 10 seconds later on. I don’t need the bill that was enacted into law in De- on the floor. It represents bipartisan- time now. We can get to the vote as the cember lifted the 40-year-old restric- ship in the way it is meant to operate. chairman wishes. tion on exporting U.S. oil overseas. Toward that goal, I have an amend- Ms. MURKOWSKI. Thank you. I am During that debate, concerns were ment that I am going to speak to right trying to make sure that we are going raised regarding the impact that ex- now, which is one that Senator CAS- to commence the vote beginning at porting American oil abroad could have SIDY from Louisiana and I have intro- noon. Thank you. The PRESIDING OFFICER. The Sen- on U.S. consumers and refining fuel duced. It is an amendment to improve ator from Oregon is recognized. prices, independent refineries, and the way we are going to be selling oil other sectors of the U.S. economy, such from the Strategic Petroleum Reserve. OUR ‘‘WE THE PEOPLE’’ DEMOCRACY as shipbuilding. Our Nation’s oil stockpile is supposed Mr. MERKLEY. Mr. President, the However, the final language that be- to be there to protect American con- most important words in the crafting came law did not include any require- sumers and our security in the event of of our Constitution are the first three ment for analyzing and reporting on an emergency. We should not be using words. Those words are ‘‘We the Peo- any potential impacts that exports it as a piggy bank to pay for other pri- ple.’’ As President Lincoln so elo- could have on the industry or on U.S. orities. But if we are going to sell oil quently put it, this is the notion that consumers. The Markey amendment from the Strategic Petroleum Reserve, we would create a system of govern- No. 2982 to the Energy bill would create we should at least make sure that we ance that would be governance of the such a review. The amendment would do so strategically, to get the best deal people, by the people, and for the peo- require the GAO to review and report for taxpayers and American consumers. ple. I will be rising periodically to ad- back annually for 3 years on the im- Last year, Senator CASSIDY and I of- dress issues that affect American citi- pacts of crude oil exports on U.S. con- fered a nearly identical amendment to zens across our Nation, that are impor- sumers, independent refineries, ship- the Transportation bill, which was tant, that are urgent, and that this builders, and energy production. adopted on the Senate floor and ulti- body should be addressing. The language of my amendment is mately became law. That amendment This week I am using my ‘‘We the language that is bipartisan. The lan- protects taxpayers by improving the People’’ speech to highlight excerpts guage of my amendment is identical to way the sales required under the bill— from an article written by NASA sci- language included in legislation spon- sales of oil from the Strategic Petro- entist Piers Sellers. Piers Sellers was sored by Chairman MURKOWSKI. It is leum Reserve—are, in fact, conducted. an astronaut. He has been a NASA sci- also identical to language included in The Cassidy-Markey fix gives the Sec- entist, and he shared this article from legislation introduced by other Sen- retary of Energy more flexibility to which I am taking portions. He says: ators. sell oil when prices are high and directs I’m a climate scientist who has just been Exporting American crude oil could the Department to stop selling oil told I have Stage 4 pancreatic cancer. be a disaster for independent refineries when the revenue targets required by He continues: in regions such as the east coast. Up- the bill are reached. This diagnosis puts me in an interesting wards of 55 percent of our refining ca- This fix should allow us to sell fewer position. I’ve spent much of my professional pacity on the east coast could poten- overall barrels from the Strategic Pe- life thinking about the science of climate tially close as a result of oil exports. troleum Reserve and get a better re- change, which is best viewed through a The Energy Department has said turn on those sales. However, the multidecadal lens. At some level I was sure that, even at my present age of 60, I would that exports could lead to as much as roughly $5 million worth of SPRO that live to see the most critical part of the prob- $9 billion less investment and 1.6 mil- was required to be sold as part of the lem, and its possible solutions, play out in lion barrels less refining capacity in 10 Budget Act that passed in November my lifetime. Now that my personal horizon years. It could lead to up to $200 billion did not include this commonsense fix. has been steeply foreshortened, I was forced

VerDate Sep 11 2014 04:53 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.022 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S310 CONGRESSIONAL RECORD — SENATE January 28, 2016 to decide how to spend my remaining time. dressing the planet, and that he would ‘‘(iii) monitoring and verification proce- Was continuing to think about climate see—even in these days where he is dures for approved projects; change worth the bother? fighting a battle against a forceful, ‘‘(B) establish minimum levels for the cap- He goes on to note that he examined powerful disease, he is dedicating his ture of carbon dioxide from a dilute medium that are required to be achieved to qualify his bucket list and he found only two efforts to this challenge. things that really mattered: spending for a financial award described in subpara- Is that not a call for all of us to see graph (C); time with his family—as he put it, how important it is for us to dedicate ‘‘(C) offer financial awards for— ‘‘with the people I know and love’’— our efforts to take on this challenge ‘‘(i) a design for a promising capture tech- and then getting back to his office ‘‘as and to recognize, as he points out, that nology; quickly as possible’’ to continue the major strategies must be developed in ‘‘(ii) a successful bench-scale demonstra- work on climate science and addressing a short period of time to avoid cata- tion of a capture technology; climate change. strophic consequences. ‘‘(iii) a design for a technology described in He notes: Thank you, Mr. President. clause (i) that will— ‘‘(I) be operated on a demonstration scale; On the science side, there has been a The PRESIDING OFFICER. The Sen- and steady accumulation of evidence from the ator from Alaska. ‘‘(II) achieve significant reduction in the last 15 years that climate change is real and Ms. MURKOWSKI. Mr. President, I level of carbon dioxide; and that its trajectory could lead us to a very ask unanimous consent that following uncomfortable, if not dangerous, place. On ‘‘(iv) an operational capture technology on the disposition of the Crapo amend- a commercial scale that meets the minimum the policy side, the just-concluded climate ment, the Senate then vote on the Mar- conference in Paris set a goal of holding the levels described in subparagraph (B); and increase in global average temperature to 2 key amendment with no second-degree ‘‘(D) submit to Congress— degrees Celsius . . . above preindustrial lev- amendments in order to the Markey ‘‘(i) an annual report that describes the els. amendment prior to the vote. progress made by the Board and recipients of financial awards under this subsection in He continues: The PRESIDING OFFICER. Without objection, it is so ordered. achieving the demonstration goals estab- It’s doubtful that we’ll hold the line at 2 lished under subparagraph (C); and degrees . . . but we need to give it our best Ms. MURKOWSKI. Mr. President, ‘‘(ii) not later than 1 year after the date of shot. With scenarios that exceed that target, now we are ready to dispose of a couple enactment of this subsection, a report on the we are talking about enormous changes in of amendments by voice vote. adequacy of authorized funding levels in this global precipitation and temperature pat- AMENDMENT NO. 3017 subsection. terns, huge impacts on water and food secu- I call for the regular order with re- ‘‘(4) PUBLIC PARTICIPATION.—In carrying rity, and significant sea level rise. spect to the Barrasso amendment No. out paragraph (3)(A), the Board shall— He continues, saying that ‘‘Pope 3017. ‘‘(A) provide notice of and, for a period of Francis and a think tank of retired at least 60 days, an opportunity for public The PRESIDING OFFICER. The comment on, any draft or proposed version military officers have drawn roughly amendment is now pending. of the requirements described in paragraph the same conclusion . . . The worst im- AMENDMENT NO. 3017, AS MODIFIED (3)(A); and pacts will be felt by the world’s poor- Ms. MURKOWSKI. Mr. President, I ‘‘(B) take into account public comments est.’’ send a modification to the desk for received in developing the final version of He continues to examine this and Barrasso amendment No. 3017. those requirements. notes that while heavy lifting will have The PRESIDING OFFICER. The ‘‘(5) PEER REVIEW.—No financial awards may be provided under this subsection until to be done by policymakers—and he is amendment is so modified. speaking to all of us—scientists can the proposal for which the award is sought The amendment, as modified, is as has been peer reviewed in accordance with add a great deal, and scientists at follows: such standards for peer review as are estab- NASA can help by keeping track of the At the end of subtitle G of title IV, add the lished by the Secretary. changes in the Earth’s system and following: ‘‘(6) CARBON DIOXIDE CAPTURE TECHNOLOGY using their powerful computer models SEC. 46ll. CARBON DIOXIDE CAPTURE TECH- ADVISORY BOARD.— to explore which approaches to ad- NOLOGY PRIZE. ‘‘(A) ESTABLISHMENT.—There is established dressing this problem are practical, Section 1008 of the Energy Policy Act of an advisory board to be known as the ‘Car- trading off near-term impacts against 2005 (42 U.S.C. 16396) (as amended by section bon Dioxide Capture Technology Advisory longer term impacts. 4601) is amended by adding at the end the fol- Board’. He observes that engineers and indus- lowing: ‘‘(B) COMPOSITION.—The Board shall be ‘‘(h) CARBON DIOXIDE CAPTURE TECHNOLOGY composed of 9 members appointed by the trialists must come up with new tech- PRIZE.— President, who shall provide expertise in— nologies to address the challenges of ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(i) climate science; clean energy generation, storage, and ‘‘(A) BOARD.—The term ‘Board’ means the ‘‘(ii) physics; distribution, and that they must be Carbon Dioxide Capture Technology Advi- ‘‘(iii) chemistry; solved within a few decades. sory Board established by paragraph (6). ‘‘(iv) biology; Later in the article, he says: ‘‘(B) DILUTE.—The term ‘dilute’ means a ‘‘(v) engineering; concentration of less than 1 percent by vol- ‘‘(vi) economics; History is replete with examples of us hu- ume. ‘‘(vii) business management; and mans getting out of tight spots. The winners ‘‘(C) INTELLECTUAL PROPERTY.—The term ‘‘(viii) such other disciplines as the Sec- tend to be realistic, pragmatic, and flexible; ‘intellectual property’ means— retary determines to be necessary to achieve the losers are often in denial of the threat. ‘‘(i) an invention that is patentable under the purposes of this subsection. He closes by saying this: title 35, United States Code; and ‘‘(C) TERM; VACANCIES.— As for me, I have no complaints. I am very ‘‘(ii) any patent on an invention described ‘‘(i) TERM.—A member of the Board shall grateful for the experiences I have had on in clause (i). serve for a term of 6 years. this planet. As an astronaut, I space-walked ‘‘(D) SECRETARY.—The term ‘Secretary’ ‘‘(ii) VACANCIES.—A vacancy on the 220 miles above the Earth, floating alongside means the Secretary of Energy or designee, Board— the International Space Station. I watched in consultation with the Board. ‘‘(I) shall not affect the powers of the hurricanes cartwheel across the ocean, the ‘‘(2) AUTHORITY.—Not later than 1 year Board; and Amazon snake its way through a sea of bril- after the date of enactment of this sub- ‘‘(II) shall be filled in the same manner as liant green carpeted forest, and gigantic section, as part of the program carried out the original appointment was made. nighttime thunderstorms flash and flare for under this section, the Secretary shall estab- ‘‘(D) INITIAL MEETING.—Not later than 30 hundreds of miles along the Ecuador. From lish and award competitive technology fi- days after the date on which all members of this God’s-eye-view, I saw how fragile and in- nancial awards for carbon dioxide capture the Board have been appointed, the Board finitely precious the Earth is, and I am hope- from media in which the concentration of shall hold the initial meeting of the Board. ful for its future. carbon dioxide is dilute. ‘‘(E) MEETINGS.—The Board shall meet at ‘‘And so,’’ he concludes, ‘‘I am going ‘‘(3) DUTIES.—In carrying out this sub- the call of the Chairperson. to work tomorrow.’’ section, the Secretary shall— ‘‘(F) QUORUM.—A majority of the members ‘‘(A) subject to paragraph (4), develop spe- of the Board shall constitute a quorum, but I simply want to thank Piers for his cific requirements for— a lesser number of members may hold hear- lifetime of commitment to science, his ‘‘(i) the competition process; ings. service as an astronaut, his continuing ‘‘(ii) minimum performance standards for ‘‘(G) CHAIRPERSON AND VICE CHAIRPERSON.— to work on this major challenge of ad- qualifying projects; and The Board shall select a Chairperson and

VerDate Sep 11 2014 02:10 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.027 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S311 Vice Chairperson from among the members tant Energy bill. This amendment will the Senator from Minnesota (Ms. KLO- of the Board. do a number of very critical things to BUCHAR), the Senator from Maryland ‘‘(H) COMPENSATION.—Each member of the help the United States increase and (Ms. MIKULSKI), the Senator from Flor- Board may be compensated at not to exceed maintain and keep its lead in nuclear ida (Mr. NELSON), and the Senator from the daily equivalent of the annual rate of basic pay in effect for a position at level V of energy development globally. Vermont (Mr. SANDERS) are necessarily the Executive Schedule for each day during It will establish a modeling and sim- absent. which the member is engaged in the actual ulation program that aids in the devel- The PRESIDING OFFICER (Mrs. performance of the duties of the Board. opment of new reactor technologies, es- FISCHER). Are there any other Senators ‘‘(I) DUTIES.—The Board shall advise the tablish a user facility for a versatile re- in the Chamber desiring to vote? Secretary on carrying out the duties of the actor-based fast neutron source, and The result was announced—yeas 87, Secretary under this subsection. establish a national innovation center nays 4, as follows: ‘‘(7) INTELLECTUAL PROPERTY.— to help share this vital information be- [Rollcall Vote No. 7 Leg.] ‘‘(A) IN GENERAL.—As a condition of receiv- tween the government and the private ing a financial award under this subsection, YEAS—87 an applicant shall agree to vest the intellec- sector. Alexander Ernst Murray tual property of the applicant derived from It will allow the NRC to apprise the Ayotte Feinstein Perdue the technology in 1 or more entities that are Department of Energy of regulatory Baldwin Fischer Peters incorporated in the United States. challenges early in the development Barrasso Flake Portman Bennet Franken Reed ‘‘(B) RESERVATION OF LICENSE.—The United process and would require a report by Blumenthal Gardner Reid States— the NRC on the licensing of non-light Blunt Gillibrand Risch ‘‘(i) may reserve a nonexclusive, non- water reactors. This bill is a strong sig- Booker Graham Roberts transferable, irrevocable, paid-up license, to nal to the rest of the world that we in- Boozman Grassley Rounds have practiced for or on behalf of the United Brown Hatch Sasse States, in connection with any intellectual tend to maintain U.S. leadership in nu- Burr Heinrich Schatz property described in subparagraph (A); but clear technology. Cantwell Heitkamp Schumer ‘‘(ii) shall not, in the exercise of a license This bill will enable the private sec- Capito Heller Scott tor and national labs to work together Cardin Hoeven Sessions reserved under clause (i), publicly disclose Carper Isakson Shaheen proprietary information relating to the li- to create even greater achievement in Casey Johnson Shelby cense. nuclear science than in the last cen- Cassidy Kaine Stabenow ‘‘(C) TRANSFER OF TITLE.—Title to any in- tury. Coats King Sullivan tellectual property described in subpara- The PRESIDING OFFICER. The Sen- Cochran Kirk Tester Collins Lankford Thune graph (A) shall not be transferred or passed, ator’s time has expired. except to an entity that is incorporated in Coons Leahy Tillis The Senator from Rhode Island. Corker Manchin Toomey the United States, until the expiration of the Mr. WHITEHOUSE. Mr. President, as Cornyn McCain Udall first patent obtained in connection with the the lead Democratic cosponsor of Sen- Cotton McCaskill Vitter intellectual property. Crapo McConnell Warner ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— ator CRAPO’s amendment, I want to Daines Menendez Warren There are authorized to be appropriated to commend and salute him for his leader- Donnelly Moran Whitehouse carry out this subsection $50,000,000, to re- ship. Senators DURBIN and BOOKER and Durbin Murkowski Wicker main available until expended. I have all joined from our side. Senator Enzi Murphy Wyden ‘‘(9) TERMINATION OF AUTHORITY.—The CRAPO, Senator RISCH, Senator HATCH, NAYS—4 Board and all authority provided under this and Senator KIRK are on the Repub- Hirono Markey subsection shall terminate on December 31, lican side. This is truly a bipartisan Lee Merkley 2026.’’. amendment. I hope it will get a strong NOT VOTING—9 Ms. MURKOWSKI. Mr. President, I and positive vote. Boxer Klobuchar Paul know of no further debate on this It is very important that America Cruz Mikulski Rubio amendment. continue its innovation in the area of Inhofe Nelson Sanders The PRESIDING OFFICER. Since advanced nuclear technologies. They The amendment (No. 3021) was agreed there is no further debate, the question continue to confer immense promise. to. is on agreeing to amendment No. 3017, We are seeing the promise of American VOTE ON AMENDMENT NO. 2982 as modified. innovation realized overseas, for in- The PRESIDING OFFICER. The The amendment (No. 3017), as modi- stance, where the first traveling wave question now occurs on agreeing to fied, was agreed to. technologies are being constructed in amendment No. 2982. AMENDMENT NO. 2968 China, not here. Mr. BARRASSO. I ask for the yeas Ms. MURKOWSKI. Mr. President, I We need to make sure we continue and nays. call for the regular order with respect our investment. We need to make sure The PRESIDING OFFICER. Is there a to the Shaheen amendment No. 2968. we are doing good regulation so that sufficient second? The PRESIDING OFFICER. The innovation can proceed to the market. There appears to be a sufficient sec- amendment is now pending. We hope this amendment will help ond. Ms. MURKOWSKI. Mr. President, I move that forward. The clerk will call the roll. know of no further debate on the Once again, Senator CRAPO has The bill clerk called the roll. amendment. shown great leadership with this. I am Mr. CORNYN. The following Senators The PRESIDING OFFICER. The pleased to support him. are necessarily absent: the Senator The PRESIDING OFFICER. The question is on agreeing to amendment from Texas (Mr. CRUZ), the Senator question is on agreeing to amendment No. 2968. from Colorado (Mr. GARDNER), the Sen- No. 3021. The amendment (No. 2968) was agreed ator from Oklahoma (Mr. INHOFE), the to. Ms. MURKOWSKI. I ask for the yeas and nays. Senator from Kentucky (Mr. PAUL), AMENDMENT NO. 3021 The PRESIDING OFFICER. Is there a and the Senator from Florida (Mr. Ms. MURKOWSKI. Mr. President, I sufficient second? RUBIO). now ask unanimous consent that Sen- There appears to be a sufficient sec- Mr. DURBIN. I announce that the ator CRAPO and Senator WHITEHOUSE ond. Senator from California (Mrs. BOXER), each have 1 minute of debate prior to The clerk will call the roll. the Senator from Maryland (Ms. MI- the vote on the Crapo amendment. The bill clerk called the roll. KULSKI), the Senator from Florida (Mr. The PRESIDING OFFICER. Without Mr. CORNYN. The following Senators NELSON), and the Senator from objection, it is so ordered. are necessarily absent: the Senator Vermont (Mr. SANDERS) are necessarily The Senator from Idaho. from Texas (Mr. CRUZ), the Senator absent. Mr. CRAPO. Mr. President, in a few from Oklahoma (Mr. INHOFE), the Sen- The PRESIDING OFFICER. Are there minutes we will vote on the adoption of ator from Kentucky (Mr. PAUL), and any other Senators in the Chamber de- the Nuclear Energy Innovation Capa- the Senator from Florida (Mr. RUBIO). siring to vote? bilities Act, which we are seeking to Mr. DURBIN. I announce that the The result was announced—yeas 62, add as an amendment to this impor- Senator from California (Mrs. BOXER), nays 29, as follows:

VerDate Sep 11 2014 02:10 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.001 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S312 CONGRESSIONAL RECORD — SENATE January 28, 2016 [Rollcall Vote No. 8 Leg.] one remembers what they were doing HONORING NEBRASKA’S SOLDIERS WHO LOST YEAS—62 at that moment. I know I certainly do. THEIR LIVES IN COMBAT Alexander Feinstein Murphy You see, Christa was a role model, Mrs. FISCHER. Mr. President, I rise Ayotte Franken Murray someone who lived among us and was to pay tribute to the great men and Baldwin Gillibrand Peters able to achieve extraordinary things. women of Nebraska who have served Bennet Graham Portman and are serving in the U.S. military. Blumenthal Grassley She inspired young people across New Reed Our State has a rich and powerful Blunt Hatch Reid Hampshire and the Nation to ‘‘touch Booker Heinrich Rounds the future.’’ history of answering the call to serve. Brown Heitkamp Schatz For nearly 150 years, we have witnessed Cantwell Hirono She was a gifted educator and had Schumer Capito Isakson such an infectious enthusiasm for this bravery in each of America’s wars. Shaheen Cardin Johnson teaching. She taught social studies at Over the past decade, the men and Carper Kaine Stabenow women of Nebraska have risen to de- Sullivan Concord High School and was selected Casey King fend our precious freedom against Is- Coats Klobuchar Tester from 11,000 applicants to be the first Cochran Leahy Udall teacher in space. lamic terrorists, primarily in Iraq and Collins Manchin Vitter When asked about the mission on na- Afghanistan. Warner Coons Markey tional television, she said: ‘‘If you’re This year marks the 15th anniversary Cornyn McCaskill Warren of the horrific terrorist attacks in New Donnelly Menendez Whitehouse offered a seat on a rocket ship, don’t Durbin Merkley Wicker ask what seat. Just get on.’’ It really York and Washington, DC. These Ernst Murkowski Wyden shows her dedication to teaching, her events changed the lives of Nebraskans NAYS—29 bravery, and her commitment to in- and our Nation forever. Nebraskans stepped up, ready to fight. Those serv- Barrasso Flake Risch spiring the next generation of leaders, Boozman Heller Roberts scientists, dreamers, and explorers, all ing in uniform, be it Active Duty, the Burr Hoeven Sasse of whom have made our Nation great. National Guard or the Reserves, knew Cassidy Kirk Scott Today, the McAuliffe-Shepard Dis- they would likely wind up on the bat- Corker Lankford Sessions Cotton Lee covery Center in Concord, NH, is tlefield at some point in the future. Shelby Many other Nebraskans enlisted Crapo McCain Thune named in her honor. This state-of-the- Daines McConnell Tillis after high school. ROTC units in Ne- Enzi Moran art facility not only provides a lasting Toomey braska had no problem filling their Fischer Perdue tribute to the courage and bravery of Christa McAuliffe and all of the mem- ranks, and applications for military NOT VOTING—9 bers of the Challenger crew, but it also academy nominations poured in at Boxer Inhofe Paul helps educate visitors about the con- record numbers. We should all be so Cruz Mikulski Rubio thankful to this generation for answer- Gardner Nelson Sanders tributions of these extraordinary New Hampshire citizens—not just Christa ing the call and standing up to defend The amendment (No. 2982) was agreed McAuliffe but other New Hampshire freedom across the globe. to. citizens who have braved and explored Today, I begin a new initiative to The PRESIDING OFFICER. Under space. The McAuliffe planetarium is honor this generation of Nebraska’s he- the previous order, the time until 1:45 doing amazing work by showing the roes on the Senate floor, and I will p.m. will be equally divided between next generation of scientists and lead- focus on those who lost their lives in the managers or their designees. ers how exciting it is to study science, combat. All of our fallen Nebraskans The Senator from New Hampshire. technology, engineering, and mathe- have a special story. According to the REMEMBERING THE CREWMEMBERS OF THE matics. It is a tremendous legacy to Nebraska Department of Veterans Af- SPACE SHUTTLE ‘‘CHALLENGER’’ Christa McAuliffe and all who have fairs, there are 77 Nebraskans who lost Ms. AYOTTE. Madam President, traveled in space and explored the their lives to combat-related incidents today is the 30th anniversary of the edges of the universe on our behalf so in Iraq and Afghanistan. Throughout tremendous loss of the Space Shuttle we can learn more about ourselves and this year and beyond, I intend to de- Challenger and of New Hampshire new developments. vote time on the Senate floor to re- teacher in space Christa McAuliffe of President Ronald Reagan eloquently member each of these heroes. Telling Concord, NH. said that frightful day 30 years ago: their stories keeps their service and Today I rise to honor the legacy of their sacrifice alive in our hearts, The crew of the Space Shuttle Challenger the Challenger. On this day 30 years honored us by the manner in which they while reminding us of the principles ago, America was saddened by the trag- lived their lives. We will never forget them, they fought and died for. ic loss of seven brave crewmembers of nor the last time we saw them, this morning, Time after time, Nebraska’s Gold the Space Shuttle Challenger : Com- as they prepared for their journey and waved Star families tell me the same thing. mander Francis R. Scobee, Pilot Mi- goodbye and ‘‘slipped the surly bonds of They hope and pray that the supreme chael Smith, Mission Specialist Ellison earth’’ to ‘‘touch the face of God.’’ sacrifices of their loved ones will al- S. Onizuka, Mission Specialist Ronald Today we remember and honor the ways be remembered. It is my hope E. McNair, Mission Specialist Judith legacy of a great Granite Stater and that these presentations will allow us A. Resnik, Payload Specialist Gregory great American, Christa McAuliffe, and to pause and reflect on these brave Ne- B. Jarvis, and, of course, our own New all of the brave crewmembers of the braskans. The freedoms they secured Hampshire teacher in space and pay- Space Shuttle Challenger that day be- are personified by the courage they em- load specialist, S. Christa McAuliffe. cause their legacy continues to live on body. Each of the members of the Chal- in our children and in our continuous SPECIALIST JOSHUA A. FORD lenger crew conducted themselves with focus on improving in science, tech- Mr. President, today I wish to begin such bravery, heroism, and a desire to nology, mathematics, and our contin- with SPC Josh Ford from Pender, NE. reach beyond and into the stars that it uous reach for the stars. Joshua A. Ford was killed in Iraq on inspired me. I thank the Presiding Officer. July 31, 2006. His parents, relatives, and As a high school student, I remember I yield the floor. high school classmates look back lov- where I was that day. We were all I suggest the absence of a quorum. ingly on the boy who quickly grew to watching as the Challenger was lifting The PRESIDING OFFICER. The be a courageous soldier. off into the stars. I was a student at clerk will call the roll. As a young teenager, Josh was de- Nashua High School and Christa The senior assistant legislative clerk scribed as a couch potato who liked McAuliffe inspired all of us. She cap- proceeded to call the roll. video games, painting, and watching tured the Nation’s imagination as she Mrs. FISCHER. Mr. President, I ask horror movies, but deep inside there looked to be the first teacher in space. unanimous consent that the order for grew a strong desire to serve his coun- That tragic day touched the lives of the quorum call be rescinded. try in military uniform. every man, woman, and child in New The PRESIDING OFFICER (Mr. He joined the Nebraska Army Na- Hampshire. It was one of those days in SASSE). Without objection, it is so or- tional Guard between his junior and history when time stopped and every- dered. senior year at Pender High School in

VerDate Sep 11 2014 04:53 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.003 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S313 2003. That same year he began basic Badge. He was promoted posthumously Mr. President, 30 years ago today training at Fort Jackson. He was just to the rank of sergeant. Senator Ted Kennedy entered an ex- 17 years old, and it was a tough transi- His father Lonnie later retired from cerpt of Christa McAuliffe’s NASA ap- tion. teaching, and he joined the Patriot plication into the public record, and I His dad Lonnie remembers Josh talk- Guard. Today, Lonnie ensures those would like to reenter it for the RECORD ing about being placed in ‘‘fat man’s who served and died are never forgot- and read it again today. camp’’ at Fort Jackson. Josh was over- ten. He attends funerals and events When asked why she wanted to be the weight by 35 pounds at the time. Lon- with his fellow Patriot Guard riders all first private citizen in space, Christa nie and his wife Linda, along with across Nebraska. Josh’s photo and his McAuliffe wrote: classmates and friends, noticed how service information are proudly dis- I remember the excitement in my home dramatically Josh had changed when played on his rider’s vest. when the first satellites were launched. My he returned from basic training. He recalls Josh saying to him, when parents were amazed and I was caught up in he was home on leave in April before their wonder. In school my classes would A year later, after graduating from gather around the TV and try to follow the Pender High School, Josh attended the his death: rocket as it seemed to jump all over the Army’s heavy vehicle driver school at Old man, I now understand why you were screen. I remember when Alan Shepard made Fort Leonard Wood. He was assigned to so tough on me while I was growing up. You his historic flight—not even an orbit—and I the 189th Transportation Company, De- only wanted me to become the best person I was thrilled. John Kennedy inspired me with tachment No. 1, in Wayne, NE. could possibly be. his words about placing a man on the moon A senior sergeant remembers that During his limited time on Earth, and I still remember a cloudy, rainy night driving through Pennsylvania and hearing Josh ‘‘grew up from a kid to a soldier Josh did just that. Our Nation and all Nebraskans are the news that the astronauts had landed almost overnight.’’ safely. The 189th had just been recognized as forever indebted to his service and sac- As a woman, I have been envious of those a unit in April of 2003. Two years later, rifice. SGT Josh Ford was a hero, and men who could participate in the space pro- the 189th received orders to deploy to I am honored to tell his story lest we gram and who were encouraged to excel in Iraq. forget his life and the freedom he areas of math and science. I felt that women fought to defend. had indeed been left outside of one of the Following training at Fort Riley, the most exciting careers available. When Sally unit arrived at Tallil, Iraq, in October Thank you, Mr. President. I yield the floor. Ride and other women began to train as as- of 2005. For the next year they traveled I suggest the absence of a quorum. tronauts, I could look among my students over 2.5 million miles throughout the The PRESIDING OFFICER. The and see ahead of them an ever-increasing list of opportunities. country. Specialist Ford became clerk will call the roll. known as an energetic and reliable bat- I cannot join the space program and re- The legislative clerk proceeded to start my life as an astronaut, but this oppor- tle buddy. He was eager to tackle extra call the roll. tunity to connect my abilities as an educa- missions. Ms. WARREN. Mr. President, I ask tor with my interests in history and space is Josh came home on leave in April of unanimous consent that the order for a unique opportunity to fulfill my early fan- 2006. He had a number of things on his the quorum call be rescinded. tasies. I watched the space age being born mind. At the top of his list was his The PRESIDING OFFICER. Without and I would like to participate. girlfriend Michelle, whom he proposed objection, it is so ordered. Mr. President, Christa McAuliffe to that spring, and she happily accept- REMEMBERING THE CREWMEMBERS OF THE never made it into orbit on January 28, ed. He also kept things in order, leav- SPACE SHUTTLE ‘‘CHALLENGER’’ 1986. She never got the chance to write ing behind an audio will for his friends. Ms. WARREN. Mr. President, 30 in her journal about what it was like According to Josh’s father Lonnie, ‘‘he years ago today millions of Americans inside the space shuttle, how it feels to just wanted everyone to celebrate his gathered around their television sets in float around, and all the other sorts of life after he was gone.’’ homes and classrooms all across the things that people who are not astro- Josh returned to Iraq with just 6 country to watch the Space Shuttle nauts have wondered about. She never months to go in the deployment. In the Challenger launch toward the stars. got to go back to her classroom to tell early evening of July 31, 2006, the heat Seventy-three seconds later everything her children about her magnificent was unbearable but typical for a sum- changed. We stared at our television journey. mer day in Iraq. Specialist Ford and sets, stunned and brokenhearted. But Christa McAuliffe still teaches. his battle buddy, SPC Ben Marksmeier, Today, on the 30th anniversary of Since 1994, the Christa McAuliffe Cen- were part of a 189th convoy that was that terrible tragedy, we remember the ter at Framingham State University driving through an area they had pa- heros we lost: Francis Scobee, Michael has provided truly remarkable, innova- trolled many times. Out of nowhere, an Smith, Ronald McNair, Ellison tive, integrated STEM education re- IED blast obliterated their vehicle. Onizuka, Judith Resnik, Gregory Jar- sources to 12,000 Massachusetts stu- Unit members reached their truck im- vis; and we remember one more hero, dents each year. Christa McAuliffe’s mediately. Specialist Marksmeier was the special person that so many little story of a little girl from Framingham seriously injured, but Specialist Ford boys and girls tuned in that day to see, who became a schoolteacher and got the chance to take the ‘‘ultimate field died at the scene. the very first U.S. civilian in space, trip’’ into outer space keeps inspiring Lonnie, Josh’s dad, will never forget Christa Corrigan McAuliffe. the day he heard the knock at the Christa was born in Boston, MA, and little boys and girls in Massachusetts and around the country, telling them door. Three members of the Nebraska grew up in nearby Framingham. She all to reach for the stars. attended Marian High School and at- Army National Guard had arrived at Today, we remember Christa his home in Pender, and he knew before tended Framingham State University. McAuliffe and the six others we lost on he opened the door why they had come. She married her high school sweet- the Space Shuttle Challenger. We re- The next day, Lonnie and his wife heart, Steve. They had two children, member that day as our country stared Linda traveled over 250 miles to tell Scott and Caroline. She eventually beat our television sets, stunned and bro- Josh’s grandmother and his three sis- came a high school social studies kenhearted. We honor their memory by ters of his death. One can only imagine teacher in Concord, NH. continuing, as Christa McAuliffe said, the pain, sorrow, and agony they felt In 1984, Ronald Reagan announced ‘‘to touch the future,’’ to teach our every step of the way. that NASA would send its first private children and our grandchildren ‘‘where SPC Josh Ford was buried in Pender, citizen into space, and that person we have been, where we are going, NE, on August 10, 2006. Pictures show would be a teacher. A few months [and] why.’’ the road from the church to the ceme- later, Christa beat out over 11,000 other Thank you, Mr. President. tery lined with people as the Patriot applicants to become the first teacher I yield the floor. Guard veteran motorcycle group es- in space. Christa was thrilled. It was The PRESIDING OFFICER. The Sen- corted Josh to his final resting place. like a dream come true. She reportedly ator from Michigan. For his service to his country, SPC told Johnny Carson: ‘‘If you’re offered Mr. PETERS. Mr. President, I rise Josh Ford earned the Bronze Star, the a seat on a rocket ship, don’t ask what today to speak in support of the Stabe- Purple Heart, and the Combat Action seat. Just get on.’’ now-Peters amendment package that

VerDate Sep 11 2014 02:44 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.041 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S314 CONGRESSIONAL RECORD — SENATE January 28, 2016 will provide much needed assistance to and Representative KILDEE, I have been corrosive water flowed through the Flint, MI. For decades Flint was known working tirelessly to leverage all avail- pipes leaching lead and other toxins. as the birthplace of General Motors able resources for the people of Flint. This provision will fund the repairs for and for playing a key role in the forma- The effects of lead exposure on chil- the service lines that were severely and tion of the United Auto Workers. dren are insidious, causing long-term potentially permanently damaged as a Now national attention is trained on developmental problems, nervous sys- result. Flint not for its role in the creation of tem damage, and decreased bone and Third, our amendment includes a America’s middle class but for the muscle growth. There is no cure, but technical fix that will allow current utter abandonment by the State gov- we can mitigate these problems with a Drinking Water State Revolving Funds ernment of a city where 40 percent of commitment to delivering nutrition, to be used for loan forgiveness. This the population lives below the poverty education, health care, and other wrap- will provide upwards of $20 million in line. around services that a generation of relief to Flint and allow them to direct Nearly 2 years ago, an unelected Flint children now need more than new funds for investment in water in- emergency manager appointed by ever. frastructure and not interest pay- Michigan’s Governor changed the city My colleagues and I have requested ments. Earlier this year the EPA ac- of Flint’s water source to the Flint that the U.S. Department of Agri- knowledged that the State did not have River in an attempt to save money culture allow existing programs to pro- the authority to forgive these loans. while the city prepared to transition to vide ready-to-feed infant formula that That is why this amendment includes a a new regional water authority. The ul- does not need to be mixed with water temporary technical fix to allow States timate cost of this misguided, dan- to all infants in Flint. We have urged to use the EPA’s Drinking Water State gerous decision will not be known for the Department of Health and Human Revolving Fund resources for loan for- decades. Services to make Head Start available giveness and debt relief on debt in- After switching away from clean for every eligible child in the city of curred before the current fiscal year. water sourced from the Detroit Water Flint. We are working to make sure Finally, our amendment will direct Authority, Flint residents began to re- every Flint resident has access to af- the U.S. Department of Health and ceive improperly treated Flint River fordable health care and are encour- Human Services to establish a Center water, long known to be contaminated aging residents to purchase coverage Of Excellence on lead exposure in and potentially very corrosive. Water through the open enrollment at Flint, which will bring together local poured from Flint faucets and tasted healthcare.gov before the January 31 universities, hospitals, medical profes- and smelled terrible. It was discol- deadline or sign up for Medicaid if they sionals, and the State and county pub- ored—brown or yellow in many cases. are eligible. lic health departments in an effort to In fact, General Motors stopped using I will continue to work with Con- address the short and long-term health this water source for their Flint engine gress, the administration, and leaders effects of lead exposure in the city. operations because the high chloride on the ground in Flint to secure any Mr. President, it is important to re- levels were corroding parts used during Federal support possible for Flint fami- member that the children of Flint have the manufacturing process. lies and small businesses that have been impacted the most by this crisis The result of the State government been harmed. As part of our efforts to through no fault of their own. Whether decision was—and continues to be—cat- support the people of Flint, Senator in Flint or elsewhere in America, we astrophic. Flint families were exposed STABENOW and I are offering an amend- have a responsibility to care for our to lead and other toxins that will have ment that will help begin the process children. We must repair the trust a lasting effect for generations. to make Flint whole with substantial Flint residents have lost in the ability The water crisis in Flint is an im- investments in fixing this problem in of government officials to protect them mense failure on the part of Michigan’s both the short and long term. Our and to provide the most basic services. State government to ensure the health amendment will assist the city of Flint I strongly urge my colleagues to join and safety of the people of Flint and to in four ways. us in our effort to help Flint recover provide the basic human right of clean First, the amendment would include from this unnecessary manmade dis- water for drinking, bathing, and cook- my bill, the Improving Notification for aster. Standing up for children is not a ing. It is a failure that will cause Clean and Safe Drinking Water Act, or Republican or a Democratic issue. I Flint’s children to suffer from the ad- the INCASE Act, which would require hope we all come together. This is com- verse health effects of lead exposure for the EPA to directly notify the public of mon ground on which we can stand to- years to come—a failure that has cre- dangerously high lead levels in drink- gether and stand up for the people and ated the enormous challenge of fixing a ing water if the local and State govern- the children of Flint. water system that has had corrosive ments fail to do so within 15 days. The Mr. President, I yield the floor. water flowing through its pipes for EPA repeatedly made recommenda- The PRESIDING OFFICER. The Sen- months. tions to the State government, urging ator from Arizona. Even after Flint has transitioned them to take steps to improve the Mr. FLAKE. Mr. President, I rise back to distributing water from De- water and protect the people. Unfortu- today to speak in support of a bipar- troit that should be safe, unfortunately nately, the State of Michigan failed to tisan amendment I have submitted the potentially irreversible damage to take action and failed to properly no- with the senior Senator from Cali- the waterlines will still require the use tify Flint residents of the health risks fornia. It would enable Arizona, Cali- of filters. This ongoing crisis has left in the water system for months. The fornia, and other drought-stricken the city of 100,000 people drinking bot- primary responsibility for notifying States to store more water in hydro- tled water donated from across the Na- residents lies with the State govern- electric dams. tion. ment, but when you have a situation As everyone knows, water is a con- In light of the State government’s like Flint where the State was sitting troversial issue in the West. Arizona failure, I am disappointed State gov- on critical information, there has to be and California have long been at odds ernment still has not sufficiently another level of accountability. on a number of water-related issues, stepped up to provide the necessary re- Second, our amendment will author- particularly the very long-running Su- sources to deal with the short and long ize EPA to issue direct grants to the preme Court case on the Colorado term effects of water contamination in State of Michigan and the city of Flint River. However, recognizing the impor- Flint. to hire new personnel, provide tech- tance of wisely managing water in the While the cause of this crisis and the nical assistance, and, most impor- West is something on which we can all ultimate responsibility to fix it lies tantly, replace and repair water service agree and look for ways to cooperate. with State government, we need to lines—the only long-term solution. Today I am pleased to submit, along bring resources from all levels of gov- These aging service lines were cer- with Senator FEINSTEIN of California, ernment to bear to address this unprec- tainly a concern before the crisis, but one of these helpful management provi- edented emergency. Along with my now there is an urgent need to repair sions to better use existing dams in our Michigan colleagues Senator STABENOW and to replace them. For nearly 2 years drought-stricken States. These dams

VerDate Sep 11 2014 04:53 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.044 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S315 are critical to water management in The result was announced—yeas 55, Iran. There are actual judgments en- the West. We have to store water, obvi- nays 37, as follows: tered by a court of law which deter- ously, in dry times. The Western [Rollcall Vote No. 9 Leg.] mines that the country of Iran owes United States relies on dams to YEAS—55 money to American citizens. The num- produce clean, renewable hydropower, Alexander Feinstein Nelson ber that I was told that they owe is to deliver drinking water to growing Ayotte Franken Peters nearly $10 billion in judgments. cities, and to irrigate fields. Because Baldwin Gillibrand Portman What makes no sense to me is that these dams are large and expensive and Bennet Graham Reed the Obama administration would agree Blumenthal Heinrich increasingly difficult to have built, it Reid to pay the Iranian Government $1.7 bil- Blunt Heitkamp Risch is imperative that we make the most of Booker Hirono Schatz lion without concurrently resolving those we have already. Brown Kaine Schumer the issues of what Iran should pay U.S. Cantwell King Shaheen citizens. It makes no sense to me that In a bill introduced last year, Sen- Capito Klobuchar Stabenow ator FEINSTEIN included a pilot pro- Cardin Leahy we are not withholding the payment of Sullivan gram to allow the updating of how Carper Manchin that $1.7 billion until Iran pays Amer- Tester flood control operations are conducted Casey Markey ican citizens the judgment amounts Cochran McCaskill Udall at many dams. This very helpful provi- Collins Menendez Warner owed to them for their country’s ter- sion allows the use of modern fore- Coons Merkley Warren rorist attacks. casting tools and better records of hy- Crapo Murkowski Whitehouse Why would we unilaterally pay Iran Donnelly Murphy Wyden money that we may or may not owe drology to reevaluate the flood control Durbin Murray operations in order to create additional them without resolving the issue of water storage space. Increased storage NAYS—37 money that we know Iran owes to U.S. space would allow more water to be Barrasso Grassley Roberts citizens? This makes no sense. We kept behind the dams, allowing more Boozman Hatch Rounds could at least have a broader conversa- Burr Heller Sasse hydropower to be produced exactly Cassidy Hoeven Scott tion and discussion about this issue, al- when it is needed. This amendment Coats Isakson Sessions though I don’t know that it is nec- simply expands on Senator FEINSTEIN’s Corker Johnson Shelby essary to go further with a discussion Cornyn Kirk proposal broadening the scope to all Thune to reach the conclusion that the Cotton Lankford Tillis Daines Lee Obama administration should not be drought-stricken States—not just Cali- Toomey Enzi McCain fornia—increasing the number of Vitter doing this. We could also have a con- Ernst McConnell Wicker versation about whether this payment projects in the pilot program, and al- Fischer Moran lowing more types of facilities to opt Flake Perdue of $1.7 billion is ransom money. Was it into this pilot program. paid because Americans were released NOT VOTING—8 This is a commonsense amendment. from Iranian captivity on the same It will help us make the most of the ca- Boxer Inhofe Rubio day? As the largest supporter and Cruz Mikulski Sanders pacity we have to store water and to Gardner Paul funder of terrorism and terrorist activ- produce hydropower. I urge its adop- ity around the globe, we should have a The amendment (No. 2965) was agreed tion. discussion about whether we should be to. I yield back the remainder of my giving Iran any money at all. The PRESIDING OFFICER. The Sen- time. We know that part of the Iranian ator from Washington. I suggest the absence of a quorum. agreement related to nuclear weapons The PRESIDING OFFICER. The Ms. CANTWELL. Mr. President, I has the United States releasing money clerk will call the roll. suggest the absence of a quorum. to Iran, and we know—in fact, adminis- The legislative clerk proceeded to The PRESIDING OFFICER. The tration officials have admitted to it— call the roll. clerk will call the roll. that we expect that money, in part, to Ms. MURKOWSKI. Mr. President, I The senior assistant legislative clerk be used to sponsor additional terrorist ask unanimous consent that the order proceeded to call the roll. acts. Well, in addition to the flawed, for the quorum call be rescinded. Mr. MORAN. Mr. President, I ask mistaken agreement with Iran related The PRESIDING OFFICER. Without unanimous consent that the order for to nuclear capabilities, we are now pro- objection, it is so ordered. the quorum call be rescinded. viding Iran with another $1.7 billion to The PRESIDING OFFICER. Without VOTE ON AMENDMENT NO. 2965 use as they see fit, presumably with objection, it is so ordered. The PRESIDING OFFICER. Under the admitted ability to use that money Mr. MORAN. Mr. President, I ask the previous order, the question now to further terrorist acts around the unanimous consent to speak as in occurs on agreeing to amendment No. globe, including against U.S. citizens. morning business. 2965. We could discuss whether this is ran- The PRESIDING OFFICER. Without Ms. MURKOWSKI. I ask for the yeas som or whether we should be giving objection, it is so ordered. and nays. any money to Iran. But on the surface, The PRESIDING OFFICER. Is there a S. 2452 you don’t need to go further than, in sufficient second? Mr. MORAN. Mr. President, there are my view, what ought to be easily There appears to be a sufficient sec- a lot of things that go on here in our agreed upon, which is that no money ond. Nation’s capital, Washington, DC, that should go to Iran until the claims of The clerk will call the roll. don’t make sense to me. One of those American citizens are paid by Iran. The legislative clerk called the roll. things occurred about 10 days ago when I am on the Senate floor to highlight Mr. CORNYN. The following Senators the Obama administration announced to my colleagues that I have intro- are necessarily absent: the Senator it would pay $1.7 billion to Iran in set- duced legislation exactly to that effect: from Texas (Mr. CRUZ), the Senator tlement of a financial dispute dating no money to Iran until the claims are from Colorado (Mr. GARDNER), the Sen- back to the days of the Shah of Iran. paid to U.S. citizens by Iran. I encour- ator from Oklahoma (Mr. INHOFE), the That $1.7 billion was a payment to Iran age my colleagues to consider this leg- Senator from Kentucky (Mr. PAUL), for $400 million that was held in escrow islation and join me in its sponsorship. and the Senator from Florida (Mr. after the Shah’s demise and fall from It is S. 2452. RUBIO). power, and the remaining $1.3 billion I am grateful for the opportunity to Mr. DURBIN. I announce that the was to pay interest on that $400 mil- bring this issue to the attention of the Senator from California (Mrs. BOXER), lion. Senate—one more instance of some- the Senator from Maryland (Ms. MI- I think there are a number of reasons thing that makes no sense to me that KULSKI), and the Senator from Vermont that this makes no sense. I will high- could be resolved with a firm state- (Mr. SANDERS) are necessarily absent. light the one that seems to me to be ment by the U.S. Congress: Mr. Presi- The PRESIDING OFFICER (Mr. the least controversial or at least dent, you can’t pay Iran until Iran HOEVEN). Are there any other Senators makes the most sense. We have Amer- meets its obligations to pay what it in the Chamber desiring to vote? ican citizens who have claims against owes U.S. citizens.

VerDate Sep 11 2014 02:44 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.045 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S316 CONGRESSIONAL RECORD — SENATE January 28, 2016 Mr. President, I thank the Chair. become a huge international business. people enter the country, unless of I suggest the absence of a quorum. If you ask almost anybody who has had course you have been arrested for some The PRESIDING OFFICER. The any experience in this area, it is not serious crime, this is actually a way to clerk will call the roll. like the old days when coyotes, as we thread the needle and to beat the sys- The senior assistant legislative clerk call them in Texas and elsewhere, tem and to succeed in illegally stay- proceeded to call the roll. smuggled people across in onesies and ing—immigrating and then staying in Mr. CORNYN. Mr. President, I ask twosies. These are people who smuggle the United States. unanimous consent that the order for a lot of people for the money they are Here again today I wish to focus on the quorum call be rescinded. able to generate. They, frankly, don’t once these children are here, and I The PRESIDING OFFICER. Without care about the individuals, but they do would think every person with a heart objection, it is so ordered. care about the money, and that is why would want to say: Well, we have a re- UNACCOMPANIED MINORS ENTERING THE UNITED they are in the business of smuggling sponsibility to take care of them, at STATES these children from Central America least until we can return them back Mr. CORNYN. Mr. President, if this across Mexico and into the United home. sounds like a case of deja vu, it is be- States. So I am grateful to the junior Sen- cause we have been here before. I am Here is the immediate problem that ator from Ohio, Mr. PORTMAN, for dedi- talking specifically about the flow of Senator PORTMAN’s Subcommittee on cating his time and energy into inves- unaccompanied minor children coming Investigations revealed: Because the tigating such an important issue. I across our southwestern border, pri- U.S. Government—the Department of commend him for his leadership in marily through my State—the State of Health and Human Services—does not doing so in a bipartisan way. I think Texas—which shares a 1,200-mile com- adequately vet the sponsors with whom most of us can agree with the main mon border with Mexico. these children are placed once they point that he raised this morning, As the Presiding Officer knows, these come into the United States—we know, which is that the administration has a children are coming not from Mexico for example, they admit these sponsors duty to ensure the safety of these chil- but from Central America. This is a do not have to be American citizens. dren once they are in the country. I situation that about a year or so ago They don’t even have to be family would hope all people of good will the President and his administration members. Shockingly, Health and would agree, whether they have a legal called a humanitarian crisis because Human Services is releasing many of duty or not, they have a moral obliga- we had this flow of unaccompanied these children to sponsors who have tion to make sure these children are children and some with their mothers, been convicted of serious crimes, in- safe and not place them, because of but mostly without, who came flooding cluding human trafficking, sexual ex- negligence or inadvertence or just across our border, and we were just ploitation, and violent offenses. recklessness, in the hands of people simply struggling to keep up with Instead of using commonsense proce- who will exploit them and abuse them. them to deal with their safety, their dures as we see in place, for example, The subcommittee also released an health needs, and their security needs. in international adoptions, including important report in conjunction with At that time we had a discussion extensive background checks, thorough this morning’s hearing after a months- about what we should do to protect interviews, and multiple home visits to long investigation. The report confirms these children to make sure they make sure a child is being placed in a that HHS placement policies are—sur- weren’t victimized by human traf- safe and secure situation, the place- prise—wholly insufficient and fail to fickers and other predators who might ment process for these migrant chil- adequately screen sponsors. They know prey on their vulnerability when they dren is riddled with loopholes for those they have a problem. They just don’t get to the United States. Indeed, this who want to exploit it, and unfortu- have the will to do anything about it. morning, under the leadership of Chair- nately there are evil people who want This is unacceptable. This is unac- man PORTMAN from Ohio, the Senate to exploit it and take advantage of ceptable that Health and Human Serv- Permanent Subcommittee on Inves- these innocent children. ices knows its own placement process tigations held a hearing to explore a Some who may not have been fol- does not even come close to foster care disturbing and tragic problem related lowing this issue may wonder: Why are or international adoption standards. to this flow of unaccompanied children we taking these children who are ille- For the safety and protection of these coming across our Nation’s southern gally entering the country and actu- children, the status quo cannot con- border. ally placing them with nonfamily tinue. After these children are apprehended member sponsors who haven’t been vet- I hope somebody will ask the Presi- by the Border Patrol, they are placed ted? The problem is that under current dent of the United States about this, in the hands of the Department of law, the Border Patrol cannot turn because when we tried to pass a piece Health and Human Services to ensure back people who enter the country ille- of legislation called the HUMANE Act they receive proper care. Many of these gally from noncontiguous countries. to deal explicitly with this issue to children are recovering from abuse, ex- We can from Mexico, we can from Can- raise the screening standards for spon- ploitation, exhaustion, exposure from ada, but we can’t if they come from a sors here in the United States for these this incredible trip they would make Central American country. So that is unaccompanied children, the adminis- from their country in Central America why they have to process them and get tration and the President of the United through Mexico into the United States, a placement for them as they issue a States opposed it, and this is what they many on the back of a train system summons to them and say: You have a get. This is what they get—certainly known colloquially as The Beast. Many court date in front of an immigration not what they deserve. This is some- of us have seen pictures of this train judge in 3 months or 6 months or a year thing anybody could have predicted with people on top of it, not nec- that is going to determine whether you and indeed did predict at the time if we essarily inside of it, and falling off, have a legal basis upon which to stay did nothing to address it. being injured, people being assaulted. in the United States. So what these children need now, as It is a terrible experience. Lo and behold, this should come as a Senator PORTMAN’s report suggests, is So many of these children come to surprise to no one. The vast majority certainly a more transparent process the United States recovering from of these people who illegally enter the with robust oversight. That sounds abuse and exploitation after traveling country in this way never show up for kind of bureaucratic, but what we need more than 1,000 miles. This is a very their immigration hearing in front of a is somebody who can make sure that important point: These are not good judge to determine whether they have no child is placed with somebody who people who are bringing them here. a legal basis to stay. Indeed, because is going to abuse them, exploit them or They are part of a transnational crimi- the Obama administration and ICE— make their life a living hell while they nal organization—the cartels in Mex- Immigration and Customs Enforcement are here. We also need to make sure ico, the gangs who help distribute that is responsible for enforcing our they are given an opportunity to ap- drugs, traffic in human beings, help fa- immigration laws—because they sim- pear in front of an immigration judge cilitate illegal immigration. This has ply have quit enforcing our laws once because maybe they have some legal

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We ported similar stories from across the face and the anecdotes which I have de- have had this experience before, where country, including accounts of teens scribed here and which are described in there is no enforcement of our immi- forced to work around the clock just to horrific fashion in Senator PORTMAN’s gration laws when people know they stay in a safe place to live. One young report, it is irresponsible for us not to can penetrate our border and come girl was reportedly locked inside her do something about this while we can. here and successfully stay, even though house, basically kept in a prison, and There is more we can do and should do they don’t comply with the law. Our there are reports of some unaccom- to ensure that these children are treat- laws lose all deterrent value; in other panied children who had been sexually ed safely and securely while they are words, where there is deterrence, peo- assaulted by their sponsors. with us. I believe the provisions of my ple don’t come in the first place be- With more than 95,000 unaccom- legislation would be a good start. If cause they realize the likelihood is panied children crossing our southern anybody has a better idea, I am cer- that they will be unsuccessful. That is border illegally over the last 2 years, tainly willing to hear and work with an important goal of law enforcement. these reports likely only scratch the them. It is not necessarily to deal with every surface of the horrors these children Before we see another humanitarian case once it is on our doorstep, but ac- are enduring. And it is not over. There crisis of huge proportion of young chil- tually we want to deter people from are more coming every day. Indeed, we dren coming across our borders, I hope breaking the law in the first place. have seen that the peaks and valleys of the Senate will take a look at the con- That is why enforcement is so impor- the flow of unaccompanied children cerns exposed in the Permanent Sub- tant. across the border are seasonal. As we committee on Investigations report led So I wanted to come to the floor and get out of the winter and into the by Senator PORTMAN. express my appreciation to Senator warmer months, we will continue to I look forward to reintroducing the PORTMAN and his subcommittee for see these children flow across at higher HUMANE Act soon as a way to at least highlighting this issue but even more levels than they are now. But there in part begin the process of addressing importantly to make sure that some- were 95,000 in the past 2 years. this new humanitarian crisis in the how, some way, somebody in the press, This surge of children coming across making. Mr. President, I see no one wishing to in the media is going to keep writing our border has exposed our Nation’s vulnerability to human smugglers and speak, so I yield the floor. about this and exposing the facts. I I suggest the absence of a quorum. hope we can reawaken the conscience these transnational criminal organiza- The PRESIDING OFFICER. The of the Congress and the U.S. Govern- tions. It has shown that inadequate clerk will call the roll. ment and say that this is simply unac- border security can contribute to a hu- The senior assistant legislative clerk ceptable and we can work together to manitarian crisis that endangers the proceeded to call the roll. address it. lives of the children who are turned Mr. HOEVEN. Mr. President, I ask We must do more to protect these over by their parents to dangerous unanimous consent that the order for children who are vulnerable to exploi- predators and smuggled into the the quorum call be rescinded. tation. Back in November I joined the United States. The PRESIDING OFFICER (Mr. CAS- chairman of the Judiciary Committee Let’s be clear on this point. Once SIDY). Without objection, it is so or- in a letter to the Secretary of Home- these children arrive in the United dered. land Security and Health and Human States, our government has a duty to Mr. HOEVEN. Mr. President, this Services. This was in response to a protect them and ensure they are no morning I discussed two amendments whistleblower who indicated those De- longer preyed upon by criminals and that I have submitted in regard to the partments were releasing unaccom- traffickers. But then we have a respon- current energy legislation, the Energy panied children to criminal sponsors, sibility to make sure that if they can’t Policy Modernization Act of 2015. many with ties to sex trafficking and legally stay in the United States be- I would like to talk about a third human smuggling enterprises. cause they have no valid claim to asy- amendment that I submitted as well. Unfortunately, recent news reports lum or refugee status—our laws need to The amendment actually follows legis- have just reinforced how broken the be enforced until those laws are lation that I introduced earlier entitled system is. Earlier this week, the Wash- changed by Congress. the ‘‘empower States amendment.’’ ington Post published an indepth ac- The United States could see a new Essentially what the ‘‘empower count of several young Guatemalan surge of these children pouring across States’’ legislation does is it ensures children who were smuggled to a farm our southern border in the coming that States retain the right to manage in Ohio to be used as slave labor after months. In fact, I will predict here oil and gas production in their respec- authorities released them from human today that we will. We know from his- tive State. It gives them the ability to traffickers. So these children from torical trends that these types of develop hydraulic fracturing rules and Guatemala went from being trafficked surges are not likely until the spring to respond first to any violation that to being basically indentured servants or summer months. We shouldn’t just might occur, rather than having a Fed- for slave labor in Ohio. Instead of keep- stand around here or sit on our hands eral one-size-fits-all approach. This is ing them in protective custody in an and ignore this growing crisis. very important, because how we HHS shelter or placing them in a suit- There is a legislative response that I produce oil and gas in States such as able safe environment, these children would recommend to my colleagues. I North Dakota is very different than were reportedly forced to live in roach- was proud to sponsor a piece of legisla- how we might produce oil and gas in a infested trailers and their lives were tion last Congress called the Helping State like Louisiana, for example, or threatened if they attempted to escape. Unaccompanied Alien Minors and Alle- some other State. So States have to This is a gut-wrenching story, but it viating National Emergency Act, or have the flexibility to respond to their is only one story. This Senator dares to the HUMANE Act in short. This legis- industry to provide regulatory cer- say that the U.S. Government, Health lation would require all potential spon- tainty and to empower that investment and Human Services, and the Obama sors of unaccompanied children to un- that will help us produce more energy administration can’t tell us how many dergo a rigorous biometric criminal and do it with good environmental other children have been exposed to history check. Let’s check to make stewardship. such terrible abuse and mistreatment. sure the government is not placing This amendment also allows States We are now learning that these stories these kids with known criminals. to regulate oil and gas development on are not uncommon. Of course, given There are records we could easily dis- Bureau of Land Management lands if the process by which Health and cover if we just bothered to check the State has laws and regulations in Human Services and the administra- those records and to make sure we place to protect both public health and tion place these children—not with don’t inadvertently place these chil- the environment.

VerDate Sep 11 2014 02:44 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.054 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S318 CONGRESSIONAL RECORD — SENATE January 28, 2016 As I said, it takes a States-first ap- and that the decision takes into ac- REMEMBERING SUSAN JORDAN proach because individual States are count factors such as job loss and en- Mr. COATS. Mr. President, I come the first and best responders to oil and ergy supplies. here during a sad time for Hoosiers. gas issues. They know their land, their It will help States retain the right to The beloved principal of Amy geology, their water resources, and regulate hydraulic fracturing within Beverland Elementary School in Law- they have a primary stake in pro- their borders. That makes sense, as I rence Township, in the Indianapolis tecting their environment and their say, because States are the first and area, was seeing her students off after citizens. best responders to oil and gas issues a day of school. A bus came around the States such as North Dakota have and have been successful in developing corner to pick up the kids and acciden- been successful in developing oil and oil and gas production regulations. tally lost control. The principal of gas production with good environ- It would also allow a State to regu- Amy Beverland Elementary School, mental stewardship. Right now our late hydraulic fracturing on Federal Susan Jordan, saw the bus coming, saw State produces about 1.2 million bar- lands, such as BLM lands, as I men- that it was going to hit the students, rels of oil a day, second only to the tioned earlier. In addition, though, the and put herself in front of them, and State of Texas. amendment would prohibit new bur- saved the lives of her young students. With that growth in development, densome Federal rules if a State or Two were injured seriously but will re- our industry has had to work very tribe already has those rules in place. cover, but Principal Susan Jordan lost closely with the State of North Dakota Again, the effort here is to make sure her life in doing this. The situation is on a whole gamut of issues that are vi- that we are empowering States to work still under investigation, but all ele- tally important—not only, as I said a with their industry and then, in turn, ments and indications point to this as minute ago, in terms of producing empowering those industries, through simply a tragic accident. more energy but doing it with good en- regulatory certainty, to help develop This story is not just one of tragedy, vironmental stewardship. So that is our energy future in this country and it is also one of heroism. As I said be- what this legislation is all about. do it with good, consistent, common- fore, the bus struck her as Principal At the same time, this amendment sense regulation that empowers the Jordan pushed several of her students provides a safety net that allows the kind of investment that we want to see out of harm’s way. The principal, who Environmental Protection Agency, or for job creation and economic growth. came out of her office at school every Finally, the amendment allows for the EPA, to step in if there is a danger day to help the students safely board judicial review. It allows a State or to health or the environment. Again, it the buses, lost her life in doing so. tribe to seek redress for an agency’s ac- is about making sure that States have Those who knew her well—said that tions in a Federal court located within the primary role, but it still recognizes was not a surprising act. ‘‘It didn’t sur- the State or the District of Columbia. the EPA’s role as well in terms of pro- prise any of us Susan would sacrifice Judicial review is very important in tecting the environment and good herself,’’ said the district adminis- case there is a dispute in terms of what stewardship. trator for Lawrence Township. Shawn the EPA may require, what the State States would still be subject to the Smith, superintendent of the Lawrence may require or what the industry feels Safe Drinking Water Act and the Clean Township schools, called Principal Jor- Water Act. These Federal laws have is fair treatment. In conclusion, the legislation recog- dan ‘‘a legend’’ and said that ‘‘we lost minimum standards for all States, and nizes that States have a long record of a great educator.’’ those minimum standards ensure con- Susan Jordan served as principal of effectively regulating oil and gas devel- sistent protection between and among the school for 22 years. She was known opment, including hydraulic frac- the States for both the public and the for her cheery disposition and wel- turing, with good environmental stew- environment. comed each classroom every morning. ardship. The measure works to ensure Surface water is protected under the The Gospel of John tells us that that the rules for hydraulic fracturing EPA’s Clean Water Act surface water ‘‘greater love has no one than this: to are certain, fair, effective, and environ- quality standards. Drinking water is lay down one’s life for one’s friends.’’ mentally sound. These are qualities we protected by the Safe Drinking Water The love that Susan Jordan had for her expect in good regulation. Act, which allows the EPA to act if a students should be an inspiration to us As I said at the outset this morning contaminant is present or likely will all. in introducing a number of these enter an underground drinking water We offer our deepest condolences to amendments, to build the kind of en- source. Principal Jordan’s family and friends, ergy plan for the future that we need Hydraulic fracturing wastewater is to the students who were injured and we have to reduce the regulatory bur- regulated by the EPA’s underground their parents, and to all parents and den and at the same time empower the injection program, which is designated students of the school. I know I join investment that will help us build the to the States to implement and en- with all Hoosiers in mourning her loss energy infrastructure we need to move force. That is what we are talking and celebrating the life and impact of energy safely and cost-effectively from about, again—the State having the pri- this talented, compassionate educator where it is produced to where it is con- mary role in regulation of hydraulic who paid the ultimate price for the stu- sumed in this country. dents she loved so dearly. fracturing. With that, I look forward to working The EPA requires a State to have a WASTEFUL SPENDING with both the chairman of our Energy minimum requirement in terms of pro- Mr. President, I rise to address some- and Natural Resources Committee, who tecting underground injection from en- thing I have been doing on a weekly is bringing this legislation forward, dangering drinking water sources. This basis called ‘‘Waste of the Week.’’ This and the ranking member in offering concludes inspection, monitoring, rec- is No. 31 of my visits down here to the these amendments, voting on these and ordkeeping, and reporting require- floor to talk about the egregious waste, other amendments, and trying to get ments. None of those requirements fraud, and abuse in spending by the to the best product we can in terms of would change under this amendment. Federal Government. strengthening the energy plan for this Instead, this amendment gives the We hear so often that we just can’t country. cut another penny, we just can’t cut States and tribes more certainty about With that, I yield the floor. under what circumstances the EPA I suggest the absence of a quorum. another dime out of this program be- may withdraw or amend a State’s regu- The PRESIDING OFFICER. The cause they have been subject to freezes lation. Again, it is about making sure clerk will call the roll. or they have been subject to sequester, we have the regulatory certainty out The senior assistant legislative clerk and, besides, we don’t have the money there that actually empowers the very proceeded to call the roll. to pay for it. Well, I have been high- investment that helps us produce more Mr. COATS. Mr. President, I ask lighting small steps—because we energy and do it with good environ- unanimous consent that the order for haven’t been able to achieve the big mental stewardship. It ensures that if the quorum call be rescinded. steps—small steps of ways that we can the EPA does decide to intervene, it The PRESIDING OFFICER. Without save taxpayer money and address Fed- must show that its action is necessary objection, it is so ordered. eral spending. So I have come down

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We continue to add tractors—particularly the top man- ‘‘Waste of the Week,’’ and this week more, our gauge continues to rise, and agers, as well as the managers of the deals with a situation, once again, we now are well over $130 billion of company that made the solid rocket where we don’t need to be in a position waste, fraud, and abuse. boosters—as to whether there should to spend taxpayers’ dollars on what So let no one come down to this floor be a launch, and the go was given. was already being done. and say we can’t take a penny away Seventy-three seconds high into the The Amtrak Police Department and from this program or come down to the sky above Florida, Challenger disinte- the Drug Enforcement Administration floor and say we don’t have the money grated. To a nation that had come to participate in a joint task force that to pay for things that we ought to do think that climbing in the space shut- works to interdict passengers who are or to return to the taxpayer. I am try- tle was like getting in your car and trafficking contraband on Amtrak ing to show that government can be taking a Sunday afternoon drive, in- trains. Amtrak information is avail- run much more efficiently and effec- deed this was quite a shock because the able to the Drug Enforcement Agency tively. entire technological prowess of the at no cost from the Amtrak Police De- I applaud the inspectors general and country 30 years ago was summed up in partment—two agencies that are work- others who are looking into this waste, this magnificent flying machine that ing together. But despite this agree- but I want to bring to my colleagues’ would go to orbit and would come back ment, the DEA wasted hundreds of attention the fact that we have a lot of and would take 45,000 pounds of pay- thousands of taxpayer dollars paying work to do, chipping away at this load to orbit and would come back and just two Amtrak employees to do ex- spending and waste and also looking at land like an airplane, albeit without an actly what this task force was formed long-term, major financial fixes to our engine. But that morning, it was to be to do. So we have a task force of paid ever-careening plunge into debt and different. employees who are there for a specific deficit. The only other astronauts we had purpose—providing information to Mr. President, I yield the floor. lost were in getting ready for the Apol- DEA. The DEA says this is important I suggest the absence of a quorum. lo program to go to the Moon. On the information, but the task force also The PRESIDING OFFICER. The pad, in just a countdown test of the uses informants. These are people who clerk will call the roll. Apollo capsule—and the environment work for Amtrak on the trains, and The legislative clerk proceeded to was an oxygen-rich environment. One some of the information they provide is call the roll. of the three astronauts doing the prac- valuable. Mr. NELSON. Mr. President, I ask tice countdown happened to kick a According to an investigation by the unanimous consent that the order for part of the spacecraft that had a wire Justice Department’s inspector gen- the quorum call be rescinded. that set an ignition, and in that oxy- eral, the DEA paid two Amtrak em- The PRESIDING OFFICER. Without gen-enriched environment, fire en- ployees a total of—are you ready for objection, it is so ordered. gulfed and claimed the lives of Gus this? Are you sitting down? Two paid Mr. NELSON. Mr. President, I ask Grissom, Ed White, and Roger Chafee. Amtrak employees are getting a sal- unanimous consent that I be able to All those years when we did not even ary, they work for Amtrak, The DEA display for the Senate a model of the know what was going to happen when paid them a total of $864,161 for infor- space shuttle. we went into space—when we launched mation they have been providing to The PRESIDING OFFICER. Without John Glenn on that Atlas rocket that Amtrak and then giving to the DEA. objection, it is so ordered. we knew had a 20-percent chance of The information probably was impor- Mr. NELSON. Mr. President, I ask failure—we didn’t know enough about tant, but over a period of 20 years, unanimous consent that I be granted as the human body in zero gravity and at these payments went out to just two much time as I might consume. those speeds to know what was going employees, this $864,000-plus. The PRESIDING OFFICER. Without to happen to the human body. In all The IG’s investigation concluded objection, it is so ordered. those years of experimentation and that when DEA officials sought ap- REMEMBERING THE CREWMEMBERS OF THE going to the Moon many times—even proval to register these Amtrak em- SPACE SHUTTLE ‘‘CHALLENGER’’, THE SPACE on the ill-fated Apollo 13 where we ployees as informants in the DEA’s SHUTTLE ‘‘COLUMBIA’’, AND ‘‘APOLLO 1’’ thought we had three dead men in the Confidential Source Program, the re- Mr. NELSON. Mr. President, 30 years Apollo capsule when that explosion oc- quired documents did not indicate that ago today, it was very cold in Florida curred en route to the Moon, and yet these informants would be paid. at the Kennedy Space Center. Both miraculously this space industry and Let me stop for a minute and say pads had been readied for the first NASA apparatus came together and that confidential sources are an impor- time—a space shuttle on 39A and 39B— figured out real-time how to get them tant tool for our law enforcement agen- since the Space Shuttle Columbia, back and get them back safely, a crew cies. Officials at the DEA actively use which was the 24th flight, was so late headed by Jim Lovell. But it was not confidential informants to obtain in- getting off the ground—indeed, for the to be on the morning of January 28, formation regarding drug trafficking or better part of the month, from the first 1986. investigations. Some DEA officials start and four scrubs starting Decem- I have a scale model of 1 to 100 of the have said they consider the informa- ber 19 but finally launching after the space shuttle, and I want to explain tion the confidential sources provide as fifth try into a flawless 6-day mission what happened that morning. As Chal- the ‘‘bread and butter’’ of the agency. on January 12, to return to Earth on lenger launched, it went through its se- My point today is not to question the January 18. In the meantime, on the quence where they had to throttle back use of confidential sources but to point other space shuttle launch pad, Chal- on the main engines as they went out that Federal agencies like the DEA lenger—the 25th flight—is being read- through part of the atmosphere getting don’t need to pay for information they ied. maximum dynamic pressure, and then already have access to. This is a waste The night before the day of the those famous words that came back of taxpayer dollars and poor steward- launch, which is 30 years ago today, it from the crew that they were acknowl- ship of limited resources that fall in was exceptionally cold in Florida. It edging: Go at throttle up. the category of ‘‘waste of the week.’’ got down to 25 degrees. Indeed, there The three main engines ignited a Twenty years of the DEA paying for were actually icicles hanging on the burning in the tail of the space shuttle, information that they were already launch tower. As the crew arrived in fueled by liquid hydrogen and liquid supposed to receive at no cost without the early morning hours—and there oxygen contained in the external fuel a second thought indicates a serious, were holds all the way up until a little tank. They throttled up to 100 percent, systemic spending problem that spans bit past 11 o’clock. At this point, the and it was straight up and accel- multiple parties and Presidents. We temperature had improved to 36 de- erating. must pull the plug on this type of grees. The icicles were still there, but Here is what happened at 73 seconds. waste. So today I add an additional it was above freezing. There was con- The solid rocket boosters are attached $864,161 to the taxpayer price tag for siderable consternation throughout the by struts to the external tank, which this already free information from Am- entire apparatus of NASA and its con- does not hold their fuel. Their fuel is a

VerDate Sep 11 2014 04:53 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.057 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S320 CONGRESSIONAL RECORD — SENATE January 28, 2016 solid fuel. It has the consistency of the tip of the nose, all carbon-carbon fiber, rockets from the spacecraft and get- eraser on this pencil. Those ignite at T get up to 3,000 degrees Fahrenheit. Of ting them safely away from the explo- minus zero, each with about 3 million course everything was fine at that mo- sion. It will save the crew either by pounds of thrust. You definitely know ment, even though there was a hole in landing under its own power or having you are going somewhere. But the cold the left leading edge of the wing during parachutes that will let it down gently. weather had dealt us a devil’s brew Columbia’s 81⁄2-minute ascent into orbit. The fact is that by our nature we are that day. These joints where they put When it was time to go home on Feb- explorers and adventurers, and we together the solid rocket booster are ruary 1, this crew of seven was about to never want to give that up. It is a part sealed with a rubberized gasket, and meet their fate. As they were doing of our DNA, it is a part of our char- those rubber O-rings, because of the their deorbit burn, falling through acter, and it is a part of our vision. We cold weather, had gotten stiff and brit- space for half an hour and encoun- used to go westward as we developed tle to the point at which it just so hap- tering the upper reaches of the atmos- this country into that new frontier. pened that at a point close to the ex- phere, the hot gases got in the leading Now we will continue to go upward. We ternal tank, the hot gases of thrust, in- edge of the wing—the orbiter had sepa- are going to Mars in the 2030s, and that stead of coming out the nozzle in the rated and was flying more like an air- is going to be a great day in that dec- tail of the solid rocket booster, are plane on descent—and heated it up, ade. coming out because the joint is not causing Columbia to burn up upon re- You will see us build on that in 2 sealed because of that rubberized O- entry. As a result, debris fell for miles years. Americans will have launches on ring that has now become stiff and and miles high over Texas. new spacecrafts which will be on the brittle from the cold weather, and the Rick Husband, the commander; top of rockets and in 3 years a full-up hot gases burned into the external Willie McCool, the pilot; Mike Ander- test of the largest rocket ever put to- tank, and that caused the explosion son, payload commander; David Brown, gether by mankind on the face of this that all of us remember. That was mission specialist; Kalpana Chawla, planet, the space launch system and its played over and over on our television mission specialist; Laurel Clark, mis- spacecraft, Orion. It will have its first screens. That was what was such a sion specialist; and Ilan Ramon, pay- up test flight in 2018. shock to the American people. load specialist. As the test pilot and So in the memory of the Challenger Those seven souls—led by Dick hero of the Israeli Air Force that led crew, the Columbia crew, and the Apollo Scobee as the mission commander, a the strike on Saddam Hussein’s nuclear 1 crew, we stand on their shoulders as test pilot; and by Mike Smith, the pilot plant outside of Baghdad, Ilan Ramon we continue to explore the heavens. We in NASA terminology, the copilot, a had been chosen to fly on the space thank them for their courage, their test pilot; Christa McAuliffe, the shuttle. sacrifice, and their pioneering spirit. schoolteacher from New Hampshire; I remember when I met with the That is what I wanted to share on this Greg Jarvis, a payload specialist; Judy former President of Israel, Shimon 30th anniversary of the tragedy of the Resnik, a mission specialist; Ron Peres, the day before the reentry. He Space Shuttle Challenger. I yield the floor. McNair, a mission specialist; and Elli- knew of my background, and he said: I The PRESIDING OFFICER. The Sen- son Onizuka, a mission specialist— want you to see this telecommuni- those seven souls perished as all of the ator from Wisconsin. cation that I got from Ilan Ramon. It Ms. BALDWIN. Mr. President, I ask explosion fell miles and miles down to said: Mr. President, on behalf of the unanimous consent that following my the surface waters of the ocean and Israeli people, I want to thank you for remarks, Senator BROWN of Ohio be eventually the debris on the floor of giving me this opportunity. The fact permitted to speak. the ocean. that you and then President Clinton The PRESIDING OFFICER. Without There is a dramatic presentation at have enabled me to be able to start in objection, it is so ordered. the Kennedy Space Center in the this astronaut program and fly in this STUDENT DEBT CRISIS Atlantis exhibit showing a part of the mission is just incredible. Ms. BALDWIN. Mr. President, I come Challenger, and I would urge anybody President Peres shared how that was to the floor today because I think that who goes to the Kennedy Space Center so meaningful to him only a few hours higher education should be a path to to go and see that. It is a very moving before Columbia did its deorbit burn prosperity, not a path to suffocating exhibit. It is an exhibit about the crew. and went into the pages of history. debt; however, today in America we That exhibit is not only about the So it is with a heavy heart that I have a student debt crisis that de- Challenger, which was 30 years ago, come to the Senate floor on the 30th mands action from Washington because that exhibit is about the next space anniversary of the Challenger tragedy it is holding back an entire generation shuttle that we lost. That was some 16, to pay tribute to the Challenger crew and creating an economic drag on the 17 years later, and it was on February and also to the Columbia crew. It is sol- growth of our country. 1, 2003. It was the Space Shuttle Colum- emn, but what they and the Apollo 1 as- Unfortunately, the Republican ma- bia, the one that had launched just pre- tronauts sacrificed—and what so many jority here in the Senate continues to vious to the Challenger and the one on other astronauts in training have sac- ignore this crisis at a time when we which this Senator was privileged to be rificed through training mishaps—is really should be working across the a part of the crew, but this time it was not forgotten and it is not in vain be- party aisle to put in reforms that make destroyed for a different reason. It had cause we are going to Mars. college more affordable for students launched a couple of weeks earlier and It is not going to look like this be- and their families who are struggling everything was fine, or so we thought, cause we learned our lesson. This was a and in desperate need of action. That is but it was not to be. During the launch, fantastic flying machine, but it was an why last week Senate Democrats offi- the external fuel tank that was car- inherently risky design because the cially launched our ‘‘In the Red’’ cam- rying the very cold liquid hydrogen and crew in the orbiter is on the same side paign in order to confront the student liquid oxygen—in order to keep that as the stack of explosives, which re- debt crisis and address college afford- cold, it is surrounded with insulation— sulted in two terrible tragedies that oc- ability. had part of its insulation break off. It curred. The new American rockets that Our legislative reform package in- is about the size of an insulated will fly in September of 2017—in less cludes three commonsense initiatives Styrofoam tub. It is about this big, and than 2 years—to and from the Inter- that deserve to be debated and deserve that small piece of insulation broke off national Space Station look like they a vote. First, we are calling for action right here as Columbia was on ascent. have gone back to the old Apollo de- to address the significant loss in value As it accelerated and the speeds be- sign, but, in fact, the new rockets have of Pell grants by adjusting them for in- came very high, that piece of foam fell updated crew compartments in the flation; second, we are pushing to allow with high velocity right at the leading spacecraft that will sit on the top of borrowers to refinance their existing edge of the left wing. That is a carbon- the rocket so that in the event of an student loans at lower rates; and third, carbon fiber very light in weight but explosion, even on the pad or all the we are making 2 years of community very resistant to heat. Upon reentry, way into orbit, you can save the lives college or technical school free for stu- the front engines of the wing and the of the crew by detaching the explosive dents who are willing to work for it.

VerDate Sep 11 2014 04:53 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.058 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S321 In his State of the Union Address— about this tax credit that is a lifeline We need to do more to ensure that not the one he gave a couple of weeks for working families. families who are currently eligible ago but the one he gave last January in The EITC provides an incentive to know about the EITC. Right now, even 2015—President Obama called on us work. It puts thousands of dollars back with the discussion—I appreciate the here in Congress to make a bold invest- into the pockets of low-wage and mod- Presiding Officer from Louisiana and ment in our Nation’s students, in our erate-wage workers every year. Presi- his interest in this. I know people in Nation’s workforce, and in the future dent Reagan called it ‘‘the best anti- Louisiana, like people in Ohio—not ev- of our economy by making 2 years of poverty measure to come out of Con- erybody knows about it. One-fifth of community college free. gress.’’ families in this country who are eligi- In July, I answered that call and in- The work that Senator REED and oth- ble, who can claim the earned-income troduced legislation, the America’s ers and I did on the earned-income tax tax credit when they file their taxes, 20 College Promise Act, aimed at pro- credit this year to permanently expand percent of them don’t know and don’t viding students with a stronger and it was called by some organizations the file for it. That means those 20 percent more affordable opportunity to gain most important anti-poverty initia- are leaving about $2,000 on the table tive, except for the Affordable Care the skills they need to compete, suc- that they could use to fix their car or Act, in the last 20 years that Congress ceed, and prosper by making an invest- pay off a payday loan, buy their kids ment in our workforce readiness, our has done. Last year 27 million American house- shoes or maybe occasionally go out to economy, and our future. I am proud holds—950,000 households just in my a restaurant once a month and get a that this legislation is a pillar of the State alone, in Ohio—claimed the EITC nice dinner. Senate Democrats’ effort to reduce stu- and received an average refund of With Federal tax filing season open- dent debt in 2016 and to put our coun- $2,400. So for somebody making $15,000 ing last week, we need to make sure try on a path toward debt-free college. or $20,000 or $30,000 a year, when they that every American gets as much of Learning from successes in States such file their taxes in February or March, her hard-earned money back into her as Tennessee and Oregon, the Amer- they literally can get a check from the pocket as possible; that every Amer- ica’s College Promise Act will create a Federal Government, on average—I am ican gets as much of his hard-earned new partnership between the Federal not promising everybody specific money back in his pocket as possible. Government and States to help them amounts because each situation is dif- We need to get the word out about tax waive resident tuition for 2 years of ferent—on average, they will get a credits that working families can community or technical college pro- check for $2,400. claim and the services available to help grams for eligible students. This new One of the best things this body did them get their maximum refund. Fil- partnership will provide a Federal last year was to permanently expand ing taxes is complicated, and it can be match of $3 for every $1 invested by the the earned-income tax credit, but there particularly challenging for families State to waive community college tui- is still more we need to do. There is claiming the earned-income tax credit, tion and fees for eligible students. With one glaring hole in the program we but getting help doesn’t need to be ex- this legislation, a full-time community need to fix. Under current law—back pensive. Here is how. college student could save an average up a little bit. One tool that is available is the IRS of around $3,800 in tuition per year. The earned-income tax credit was Free File Program. If you go to the As cochair of the Senate’s career and aimed primarily at families with chil- irs.gov Web site or, if you live in Ohio, technical education caucus, I am espe- dren but not entirely. Under current go to the brown.senate.gov Web site cially proud that this reform takes a law, workers without children, some- and type in your ZIP Code, the com- critical step to strengthen workforce body making $15,000 a year or some- mercial partners of the IRS offer free readiness at a time when America body making $11 an hour, making brand-name software to individuals and needs to out educate and compete with $22,000, $23,000 a year but having no to families with incomes of $62,000 or the rest of the world in a 21st century children—no spouse, no children—those less. skills-based economy. The idea that workers making minimum wage barely For families claiming the EITC, they the next generation will be able to go receive any earned-income tax credit. can visit what is called the Voluntary further and do better than the last is at Childless workers under 25 don’t qual- Income Tax Assistance—the VITA the heart of the American dream, and ify for these credits at all. That means site—the Voluntary Income Tax Assist- the solutions that we are offering that a young worker—somebody mak- ance site. Go into brown.senate.gov if today deserve a vote in this Congress. ing $9 or $10 an hour without children— you live in Ohio or go to irs.gov, type It is my hope that our colleagues on can actually be taxed deeper into pov- in your ZIP Code, and you can see what the other side of the aisle will join us erty. Why is that? Well, if a worker is VITA sites are available. in confronting the student debt crisis making $9 an hour working full time— Someone just told me yesterday they and supporting these commonsense re- doing their best, not getting paid entered their ZIP Code and found out forms that not only make higher edu- much—they are paying the payroll tax, that a VITA site—the Voluntary In- cation affordable but can help give the Social Security tax. The taxes they come Tax Assistance site—was within more Americans a fair shot at pursuing pay actually push them down below the walking distance from her home. Ohio- their dreams. poverty line. Why would we possibly in ans, as I said, can go to my Web site, I thank the Presiding Officer, and I this country—we say in this body we brown.senate.gov, type in their ZIP yield back my time. value work. We say we care about peo- Code, and they will find a map and the The PRESIDING OFFICER. The Sen- ple who are working hard and playing nearest site. ator from Ohio. by the rules and we want them to get VITA sites are not only free, they are Mr. BROWN. Mr. President, I thank ahead, but then we fail to provide that more reliable. The majority of EITC er- Senator BALDWIN, especially for her earned-income tax credit and we tax rors result from returns filed by paid terrific work on higher education. She them back below the poverty line. Why tax preparers. All VITA volunteers are knows the value of higher education to would we do that? Part of the reason is trained by an organization partnering the residents of Wisconsin, Louisiana, that last year when we were successful with the IRS. and Ohio. in expanding the earned-income tax So if you make less than $60,000 a I ask unanimous consent that after credit permanently, there was resist- year, you can go to one of these VITA my remarks, the next speaker be Sen- ance from some sort of ultraconserva- sites, the Voluntary Income Tax As- ator REED of Rhode Island. tives in this body—some tea party Re- sistance sites, and you will find out— The PRESIDING OFFICER. Without publicans—there was resistance to ex- they will do your taxes with you for objection, it is so ordered. panding it to these workers who are free, and they will find out if you are EARNED INCOME TAX CREDIT AWARENESS DAY working hard but don’t have children. eligible for the earned-income tax cred- Mr. BROWN. Mr. President, tomor- How are they going to plan families or it. If you are eligible for the earned-in- row is Earned Income Tax Credit plan for the future if they are always come tax credit this year and you Awareness Day—a day, as we approach struggling paycheck to paycheck and didn’t file, it is possible you can claim the tax season, for getting the word out get no help? your tax credit from calendar year or

VerDate Sep 11 2014 02:44 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.060 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S322 CONGRESSIONAL RECORD — SENATE January 28, 2016 tax year 2014 also. So you may get a homes more energy efficient, and many clear not only that the SEC needs to do $3,000 credit this year—a check. You of these individuals are senior citizens more when it comes to critically re- may get another $2,000 for last year. It who are day-by-day struggling on fixed viewing disclosures being filed by pub- is money you earned. It is money you incomes, trying to pay not just a heat- licly traded companies, but also that earned because you worked hard, you ing bill but the grocery bill and many the SEC’s disclosure industry guides did your best, you maybe only made other bills. I have long championed for mining companies and oil and gas $25,000 a year, but you are eligible for these cost-effective programs that are companies should be updated to reflect this tax credit. helping families across my State and the growing risk of climate change to Millionaires and billionaires and across the Nation to provide a warm these companies and, in effect, to their Members of Congress and people who and safe home while also increasing en- shareholders. are doing pretty well financially in ergy efficiency. That is why I am offering an addi- life, most people like that have an Indeed, weatherization to me is one tional amendment that directs the SEC army of lawyers and accountants and of the most sensible steps. It is in some to update these industry guides as well people who do their taxes for them, and respects the low-hanging fruit. If we as to consider and incorporate appro- they claim every possible tax credit, can reduce demand, then we can go a priate suggestions from the United Na- every possible tax deduction, every long way not only in terms of our en- tions Environment Programme Fi- possible tax advantage they can get. ergy situation but also our environ- nance Initiative’s report entitled ‘‘Cli- People who fill out their own earned- mental situation. mate Strategies and Metrics: Exploring income tax credit—their own taxes, if We are here today because of the Options for Institutional Investors,’’ they are making $20,000 or $30,000 a great work of the Chairwoman, Sen- which was published in 2015. year, don’t have that sophistication ator MURKOWSKI, and the Ranking These disclosures are important to and don’t have the money to hire those Member, Senator CANTWELL. They have institutional investors such as Allianz lawyers and accountants, so oftentimes done an extraordinary job. I am not Global Investors, for example, which is they are not getting every tax credit or surprised, as they are extraordinary a global diversified active investment every tax deduction they can get. That Members of this body. I want to per- manager with $477 billion in assets is why it is so important for people to sonally thank them and commend under management, which has specifi- visit these VITA sites and it is why it them for what they have done not just cally called for ‘‘achieving better dis- is so important that people have that in this effort but in many other efforts. closure of the effects of carbon costs on opportunity. Indeed, I have joined Senator CANT- the oil and gas companies.’’ What we We need to ensure that working fami- WELL as a cosponsor of her bill that are trying to do is respond to the grow- lies know about the resources available goes so much further than the current ing demand of investors and share- to help them claim their refunds, in- bill on the Senate floor to modernize holders so they can make better judg- cluding the earned-income tax credit our current electrical infrastructure ments about their investments. and the child tax credit—refunds that, and promote greater use of domestic It is also important for us to con- I repeat, they have earned. We reward energy and renewable energy. I would tinue to invest in our energy infra- work. We give people a little help when like to extend my thanks and com- structure and support cutting-edge they are working hard for low wages. mendations to both Senators. technological advancements while ef- We should raise the minimum wage. We One area that I believe needs further fectively monitoring the effects of our should do some other things. We should focus as we move forward is the issue energy consumption on our economy push the Department of Labor to move of energy storage. I am glad to be and our environment. One way of doing a little faster on its overtime rule so working with my colleague from Ne- this is once again to have assurances people who are working more than 40 vada, Senator HELLER, on amendments that investors have the knowledge they hours are getting time and a half that that support more efficient use of Fed- need to make wise decisions about they have earned. As much as wages eral funding for energy storage re- their investments. have been stagnant in this country, I search at the Department of Energy All told, this is very responsible and want to see people who are working and encourage energy storage usage in appropriate legislation. We can make hard be able to get ahead and get every public utilities. improvements. I hope the amendments advantage they possibly can. Advances in energy storage, advances I have proposed, along with Senator This body took a strong stand in De- in batteries—and sometimes it is the HELLER, can get favorable consider- cember in support of an expanded per- same thing—can help improve the reli- ation as we move forward. manent earned-income tax credit and a ability, resiliency, and flexibility of Once again, let me thank Senators permanent child tax credit. I hope on the grid as well as reduce the potential MURKOWSKI and CANTWELL for extraor- EITC Awareness Day we will recommit for future rate increases, saving us all dinary leadership. ourselves to doing the same thing this money on our utility bills. With that, Mr. President, I yield the year. Senator HELLER and I have sub- floor. The PRESIDING OFFICER. The Sen- mitted two amendments that we hope Mr. DAINES. Mr. President, modern- ator from Rhode Island. will spur action in this area. One izing our Nation’s energy policy is Mr. REED. Mr. President, first let me amendment would give the Secretary vital to protecting our national secu- commend Senator BROWN for his very of Energy the ability to coordinate en- rity. The bill that we are discussing thoughtful and articulate comments on ergy storage research and development today advances our Nation’s energy the earned-income tax credit. projects among the existing programs independence and provides for new Mr. President, I am very glad that at DOE to maximize the amount of measures to defend our critical infra- the Senate is taking up the issue of en- funding that goes toward research and structure. Specifically, cyber threats ergy this week. The bill we are debat- minimize administrative costs. We feel challenge the security of our Nation ing takes positive steps forward to en- it does not have that flexibility at the and the integrity of our energy infra- courage energy efficiency in Federal moment. structure. This bill will formally intro- and commercial buildings, modernize I also joined Senator HELLER in offer- duce the foundational principles of the electric grid, and boost renewable ing another amendment, in which he is cyber security into our Nation’s energy sources of energy. indeed the lead sponsor, which amends security calculus. I am particularly pleased that provi- the Public Utility Regulatory Policies However, challenging the Depart- sions I have worked on, on a bipartisan Act so industry and State regulators ment of Energy to enhance the cyber basis with Senators COONS and COL- must consider energy storage when security of our Nation’s electric grid is LINS, to enhance the Weatherization making their energy efficiency plans. not enough if the Department of En- Assistance Program and the State En- I also, in addition to these proposals, ergy does not have the requisite cyber ergy Program are included. These pro- would like to use this opportunity to experts to fulfill the mission. The visions improve these programs that encourage greater attention to the fi- amendment I submitted today, amend- help low-income Americans reduce nancial impacts of climate change ment 3119, will address the gap between their energy bills by making their caused by energy consumption. It is the Department of Energy’s mission to

VerDate Sep 11 2014 02:55 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.062 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S323 keep our Nation’s energy infrastruc- of Scandinavian descent—1.5 million ‘‘The president has nominated two unques- ture safe from cyber attacks and the people who do not understand why tionably qualified individuals to be the U.S. Department of Energy’s ability to ac- every major nation in Europe has an ambassadors to Sweden and Norway,’’ said White House press secretary Eric Schultz. tually do it. ambassador but not these two Scan- ‘‘We urge the Senate to act.’’ Currently, the bill provides for a 21st dinavian countries. Minnesotans closely watching the issue are Century Energy Workforce Advisory I thank Senator MCCONNELL, the ma- angered by the delay, saying it is souring re- Board composed of nine members. The jority leader, and Senator REID for lations with two staunch U.S. allies. purpose of this board is to anticipate their work in trying to advance these ‘‘There’s a crisis in a relationship between the needs of the future energy work- nominees to the floor. They have nego- our two countries,’’ said Bruce Karstadt, president and CEO of the Minneapolis-based force. While the bill requires that the tiated. Senator CORKER and Senator American Swedish Institute. ‘‘I don’t really board members be representative of CARDIN are both supportive of these quite understand that any statement is disciplines such as labor organizations, nominees. being made other than we’re ignoring you.’’ education, and minority parties, no- I think it is important to note that Cruz’s office says he remains in negotia- where does the bill require that a sin- this is not a typical story of delay. tions about lifting the procedural blocks on gle member of the board have any These nominees went through the com- the nominations, citing a July 2015 letter to background on cyber. mittee without any objection. They the Obama administration outlining con- My amendment requires the member- were not controversial, nor are they cerns about the Iran nuclear deal as one of the reasons he is objecting to political ap- ship of the 21st Century Energy Work- controversial today. It is a fact that pointments. force Advisory Board to include rep- Senator CRUZ has some issues that are Since that letter, though, two political ap- resentation from the cyber security completely unrelated to these nomi- pointments—state appointees to Barbados discipline. This amendment better po- nees but also completely unrelated to and the U.N. Economic Council—have passed sitions the advisory board to integrate Norway and Sweden. The issue is that the Senate without Cruz’s hold. cyber security into the energy sector’s while Senators do from time to time Temporary holds are relatively common and are also used by Democrats to protest workforce development strategy for put temporary holds on nominees, this administration policy. Earlier this week, for the 21st Century and ultimately pro- has gone on too long, and I am hope- example, Massachusetts Democratic Sen. Ed- vides a mechanism to bring cyber secu- ful—in an article today in the Min- ward Markey placed a hold on Obama’s rity expertise to the energy sector. neapolis Star Tribune about irked nominee to head the Food and Drug Admin- Hardening the electric grid and the Scandinavians in our State, Senator istration unless the administration agrees to Nation’s energy supply chains against CRUZ’s staff has said that they are en- reform its process for approving painkiller cyber security threats is a critical gaged in good-faith discussions with medications. Cruz’s protests delaying votes on the Scan- component to protecting our national other Senators and have made clear dinavian ambassador nominations irks energy infrastructure. This amendment there have been no issues raised with Democratic U.S. Sen. Amy Klobuchar, who lays the foundation to ensure that the these particular nominees in this points out that Minnesota is home to the Department of Energy has the right story. I think that is very important, second-largest number of Norwegians in the cyber security experts to defend these and we hope we are going to move for- world, outside of Norway. The two nominees vital national security assets. ward. passed through the GOP-controlled Senate I urge my colleagues to join me in Mr. President, I ask unanimous con- Foreign Relations Committee, so Klobuchar wants a vote on the Senate floor even if Cruz sent to have printed in the RECORD the supporting this important amendment. votes against them. Mr. REED. I suggest the absence of a article from the Minneapolis Star Trib- Klobuchar points out the business relation- quorum. une. ships between the countries and that Norway The PRESIDING OFFICER. The There being no objection, the mate- and Sweden have shouldered much of the clerk will call the roll. rial was ordered to be printed in the burden of the European refugee crisis in re- The bill clerk proceeded to call the RECORD, as follows: cent years. ‘‘It’s no way to treat your roll. [From the Star Tribune, Jan. 27, 2016] friends,’’ she said. ‘‘The point is all these other European nations have ambassadors. Ms. KLOBUCHAR. Mr. President, I MINNESOTAN SCANDINAVIANS IRKED AS TED Why would you put a hold on two of our best ask unanimous consent that the order CRUZ BLOCKS AMBASSADOR NOMINEES allies from having ambassadors?’’ for the quorum call be rescinded. (By Allison Sherry) Democratic U.S. Sen. Al Franken said he The PRESIDING OFFICER. Without NORWAY HAS BEEN WITHOUT AN AMBASSADOR also would increase pressure for a vote. ‘‘We objection, it is so ordered. FOR MORE THAN 800 DAYS AND SWEDEN TOPS need to move on ambassador openings for AMBASSADOR NOMINATIONS TO NORWAY AND 400 DAYS WITHOUT A U.S. REPRESENTATIVE both Norway—where there’s a highly quali- SWEDEN WASHINGTON.—Presidential hopeful Sen. fied Minnesota nominee who has yet to be Ms. KLOBUCHAR. Mr. President, I Ted Cruz is blocking a vote in the U.S. Sen- confirmed—and Sweden,’’ Franken said. ‘‘I’m came to the Senate floor earlier this ate to confirm the Norwegian and Swedish going to continue pressing to get these posi- ambassador nominations. tions filled.’’ month to talk about the importance of The move by the Texas Republican has an- Norway and Sweden are two of the largest moving forward on the nominations of gered some members of Minnesota’s sizable investors in the U.S. economy. Norway is in- the Ambassadors to two important al- Scandinavian communities, as Norway has vested in more than 2,100 American compa- lies to the United States of America, been without an ambassador for more than nies, which amounts to about $175 billion. It and that is Norway and Sweden. These 800 days and Sweden tops 400 days without a also has about $94 billion in U.S. bonds and are countries that have been our true U.S. representative. $5 billion worth of U.S. real estate. Mean- friends through many wars. They have Staffers from Cruz’s office didn’t say any- while, the U.S. exports $9 billion in goods thing negative about the people appointed by been our true friends economically— and services to Sweden, a country that sup- President Obama to the posts, including Nor- ports about 330,000 American jobs annually, some of the top investors in America— way ambassador nominee Sam Heins from embassy officials said. and they have been countries that are Minnesota. Cruz has continued to block the Leif Trana, a minister counselor at the good examples of democracy and good nominees as he has worked to build support Norwegian Embassy in Washington, pointed examples of countries that believe in for another initiative that is putting him at out that his country just committed to 52 human rights. Yet we have not been odds with the White House. fighter jets from Lockheed Martin—all of able to confirm an ambassador to ei- Cruz, who is critical of the Chinese govern- them made at a Lockheed plant in Cruz’s ment, has lobbied his Senate colleagues to home state of Texas. ther country. rename a street in Washington, D.C., after a ‘‘Norwegians have long had a great affinity I do want to, first of all, say that in polarizing Chinese dissident—an idea that for the United States,’’ Trana said. ‘‘After the case of Sweden, it has been 462 days has been thwarted by fears of crippling diplo- the E.U., this is our place where most Nor- since the President nominated Azita matic efforts between the two countries. wegians both travel to [and] study.’’ Raji to be Ambassador, and in the case ‘‘Senator Cruz remains engaged in good- The Norwegian post has been a beleaguered of Norway, it has been 853 days since faith discussions with his colleagues regard- one for years. that country has had a U.S. Ambas- ing the holds he announced because of his se- President Obama first nominated businessman George Tsunis, a New York contributor sador. I will get to those details. In rious concerns about the Obama administration’s foreign policy,’’ said Cruz spokesman who had raised more than $1 million in cam- this case, the nominee is Sam Heins Phil Novack. paign cash for him. Tsunis quickly proved from the State of Minnesota, where, by The White House renewed its calls for a unqualified for the job. During an appear- the way, we have over 1 million people swift vote on the ambassador nominees. ance before the Senate Foreign Relations

VerDate Sep 11 2014 04:53 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.052 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S324 CONGRESSIONAL RECORD — SENATE January 28, 2016 Committee, Tsunis referred to Norway’s months, Ambassadors have been con- Sweden has supported Ukraine against prime minister as ‘‘president’’ and could not firmed for 38 countries. Two of those Russian aggression, has made signifi- identify potential U.S. trade opportunities were actually political appointees. cant contributions in Afghanistan, and with Norway. One member of the Norwegian They were not career, as the rumor is; has aided in the fight against terrorism parliament was so offended by Tsunis that he demanded an apology from Obama. two were considered political ap- in Syria, Iraq, Kosovo, and the current Minnesota’s delegation, led by the Demo- pointees. Barbados, Ecuador, Poland, fight against ISIS. crats, urged Obama to withdraw the nomina- and Thailand all have Ambassadors. Sweden is a member of the counter- tion. He did, and in May 2015 he nominated There is an ambassador from the ISIL coalition and is on the frontlines Heins, a Minnesota lawyer and human rights United States in France, of course. of the Syrian refugee crisis. More than advocate. Heins, too, was a major contrib- There is an ambassador in England, of 1,200 refugees seek asylum in Sweden utor and bundler for the president’s election course. There is an ambassador in every day, and Sweden accepts more campaigns. refugees per capita than any other For the Sweden post, Obama nominated Italy. There is an ambassador in Ger- Azita Raji, an Iranian-born former Wall many. There is an ambassador in Bul- country in the EU. That is what is hap- Street executive. Her nomination has been garia but not in Sweden and Norway. pening right now. They are accepting mostly uncontroversial and passed out of the We, in fact, have an ambassador in more refugees per capita than any Senate Foreign Relations Committee last nearly every European nation but not other country in the EU. Yet we don’t summer. in these two Scandinavian countries. have an ambassador to that country. Jon Pederson, board chairman of the Min- There have been no questions about We have an ambassador to Germany. neapolis-based Norway House, said it’s the qualifications of these two nomi- We certainly know they are playing a shameful to play politics with the ambas- nees. I will put those qualification on role in this refugee crisis. We have an sador posts. ‘‘This position is important,’’ Pederson the record, but I wanted to focus more ambassador, of course, to Greece. But said. ‘‘Left unfilled like this is a slap in the on the actual countries, Norway and we don’t have an ambassador to this face to Norway.’’ Sweden. They are incredibly important country. Ms. KLOBUCHAR. There are just a allies and trading partners. They de- The United States has collaborated few quotes from people who are not in serve to be treated like other European with Sweden to strengthen human politics at all. nations. They deserve to have an am- rights, democracy, and freedom in ‘‘There’s a crisis in a relationship between bassador from the United States of countries emerging from oppressive our two countries,’’ said Bruce Karstadt, America, and it is time to get this and autocratic regimes. Sweden’s com- president and CEO of the Minneapolis-based done. mitment to promoting human democ- American Swedish Institute. ‘‘I don’t really Diplomatic relations between the racy, human rights, gender equality, quite understand that any statement is United States, Norway, and Sweden are and international development and sus- being made other than we’re ignoring you.’’ almost 200 years old. For 200 years we tainability make it a respected leader I will give another example. Leif have had Ambassadors in these coun- in international affairs. Trana, a Minister Counselor at the tries. Holding a vote to confirm front- Now let’s look at economic partner- Norwegian Embassy in Washington, line Ambassadors hostage is not in the ships. pointed out that his country just com- best interest of our country. I do hope my colleagues on the other mitted to 52 fighter jets. I believe each Let’s start with Norway. Norway was side of the aisle who have all been very one is over $200 million. Norway is pur- a founding member of the NATO alli- supportive of this will talk to Senator chasing these jets from Lockheed Mar- ance, and its military has participated CRUZ the next time they see him. I plan tin, a U.S. company, and all of them in operations with the United States in on asking for unanimous consent to get are going to be made in a Lockheed the Balkans and in Afghanistan. Nor- these nominees through repeatedly in Martin plant in the State of Texas. wegians work alongside Americans in the next month. I am hoping Senator Imagine how many jobs this provides standing up to Russia’s provocations in CRUZ will be here to explain this, and I and that we would consider not sending Ukraine, in countering ISIS and the am hoping we can find some agreement an ambassador to a country that not spread of violent extremism, and in on this because, again, this is not a only sees us as an ally—and is allied, strengthening regional cooperation in typical case where these nominees have by the way, in our issues we have in the Arctic. Norway has been especially been criticized or questioned, including our conflict with Russia. strong on working to check Russian by his own office. This is a case of sim- The Minister Counselor at the Nor- aggression against Ukraine. ply some other issues that are not re- wegian Embassy goes on to say: Norway has also played an important lated to the nominees or to the coun- Norwegians have long had a great affinity role in the Syrian refugee crisis. Nor- tries, and these countries should not be for the United States. After the E.U., this is way has a proud history of providing held hostage. our place where most Norwegians travel to support to those fleeing conflict. It ex- Norway is an important economic and study. pects to take in as many as 25,000 refu- partner. According to the American This is the last quote I will give you gees this year. It has already provided Chamber of Commerce, Norway rep- from this article today: more than $6 million to Greece to help resented the fifth fastest growing Jon Pederson, board chairman of the Min- respond to the influx of refugees seek- source of foreign direct investment in neapolis-based Norway House, said it’s ing a way to enter Europe. the United States between 2009 and shameful to play politics with the ambas- All of us on both sides of the aisle 2013. Of course, visiting Senator sador posts. ‘‘This position is important,’’ have talked about the importance of a HOEVEN’s and Senator HEITKAMP’s Pederson said. ‘‘Left unfilled like this is a strong Europe during these trying State of North Dakota, I have seen the slap in the face to Norway.’’ times. Yet now we have no Ambas- investments in oil and in drilling in Let’s go through what has been going sadors in two of the countries that are North Dakota from the Scandinavian on—853 days in the case of Norway. The on the frontlines of combatting extre- countries because of their history in first nominee who was nominated, as mism and addressing the refugee crisis. that industry. explained in this article, did not go Sweden, like Norway, plays an im- Norway is the 12th largest source of well. There were issues on both sides of portant role in national security and foreign direct investment in the United the aisle. That person withdrew his on the international stage. Sweden is a States. Think about that. There are name. That is part of the delay, and we strong partner and close friend of the over 300 American companies with a will acknowledge that, but a big chunk United States, helping in our fight presence in Norway, including 3M of of the recent delay is because there has against ISIS, promoting democracy Minnesota, Eli Lilly, General Electric, been a hold—not at the committee and human rights, and cooperating on IBM, McDonald’s, and others. By not level—that went through quickly with global initiatives related to clean en- having an ambassador to Norway, we Senator CORKER and Senator CARDIN’s ergy and the environment. are sending a message to some of the guidance—but on the floor. In the case Sweden is a partner in NATO and is top investors in our own country. The of Sweden, it has been a delay of 462 an active global leader, from its long- Ambassadors in these countries, as we days for a noncontroversial nominee. term investment in Afghanistan, to its know, are our trading partners and At the same time, in the last few role as an international peacemaker. help businesses in America do business

VerDate Sep 11 2014 02:55 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.011 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S325 in that country. While there are na- wegian food. Madison, MN, is so proud numbered 3029, 2984, 3001, 3063, 3020, and 3067 tional security issues, there is also an of its Nordic heritage that they once to amendment No. 2953. economic purpose of having an ambas- took Lou, the giant fish, on a national The amendments are as follows: sador. tour in the back of a truck. That was AMENDMENT NO. 3029 In October, Norway reiterated its many, many years ago, but the fiber- (Purpose: To provide for the modernization commitment to invest in American glass cod—the largest fiberglass cod in of the energy policy for Indian tribal land) businesses by purchasing an additional the world—is still displayed in our (The amendment is printed in the 22 F–35s from Lockheed Martin. That is State. RECORD of January 27, 2016, under a total of 52 fighter jets Norway is We have about 100,000 people of Nor- ‘‘Text of Amendments.’’) committing to buy from Lockheed wegian heritage in Minnesota, second AMENDMENT NO. 2984 Martin. The first will arrive in 2018. only to Norway itself. We have 500,000 (Purpose: To include water and wastewater This is the biggest investment Norway Swedish Minnesotans. Think of how treatment facilities among energy-inten- has ever made in the country’s history, many. That is a good chunk of our pop- sive industries and to expand the role of and they are investing in a company in ulation. So we are very proud of our the institution of higher education-based our country, in the State of Texas. Nordic heritage. industrial research and assessment cen- These are warplanes that will be built That is my State. I think you could ters) at Lockheed’s facility in Fort Worth. I go around any State in the United On page 125, strike lines 3 through 7 and in- called attention to this fact. I know it States and there you would find proud sert the following: is a cost of almost $200 million per Norwegians and Swedes. They may not (A) in paragraph (2)— always be the loudest voices, and (i) by redesignating subparagraph (E) as plane. This country is investing in subparagraph (F); and American jobs—$200 million per plane— maybe that is part of the problem. (ii) by inserting before subparagraph (F) and they are buying 22 more. You can Maybe they have been too nice. But I (as so redesignated) the following: do the math. can tell you that these two countries ‘‘(E) water and wastewater treatment fa- Lockheed Martin and other American are the 11th and 12th biggest investors cilities, including systems that treat munic- companies that do business with Nor- in the United States of America. One of ipal, industrial, and agricultural waste; way would like to see an ambassador them has been willing to buy 52 fighter and’’; there to help facilitate relations. planes valued at nearly $200 million (B) by redesignating paragraphs (3) Now let’s get to Sweden. Sweden, each from our Nation. through (5) as paragraphs (4) through (6), re- like Norway, is also one of the biggest They certainly deserve an ambas- spectively; and (C) by inserting after paragraph (2) the fol- investors in the United States. Sweden sador. They have been very clear to lowing: is actually the 11th largest direct in- me—the representatives of these com- On page 129, strike line 4 and insert the fol- vestor in the United States, while Nor- panies—that they would like to see an lowing: way is 12th. I would think some people ambassador. At some point this looks ment of Energy. might be surprised by that fact that like a ‘‘dis’’ from our Nation—that we ‘‘(7) EXPANSION OF TECHNICAL ASSISTANCE.— these two Scandinavian countries are are ‘‘dissing’’ them because we allow The Secretary shall expand the institution of that high on the list when you look in every other Nation to have an ambas- higher education-based industrial research and assessment centers, working across Fed- the world, but, in fact, it is true. They sador. We look forward to working with eral agencies as necessary— are the 11th and 12th investors in the ‘‘(A) to provide comparable assessment United States. Sweden’s foreign direct Senator CRUZ. Again, I thank Senator services to water and wastewater treatment investment in the U.S. amounts to MCCONNELL and Senator CORKER for facilities, including systems that treat mu- roughly $56 billion and creates nearly their support. We haven’t seen any nicipal, industrial, and agricultural waste; 330,700 U.S. jobs. other concerns that people have that and U.S. companies are the most rep- have not been taken care of. So I am ‘‘(B) to equip the directors of the centers resented foreign companies in Sweden. hopeful we can get Sam Heins and with the training and tools necessary to pro- Swedish-Americans have contributed Azita Raji immediately confirmed. vide technical assistance on energy savings I yield the floor. to the water and wastewater treatment fa- to the fabric of our great Nation and cilities.’’. built successful companies such as I suggest the absence of a quorum. AMENDMENT NO. 3001 Walgreens, Greyhound, and Nordstrom. The PRESIDING OFFICER. The Economically, Sweden is highly de- clerk will call the roll. (Purpose: To modify a provision relating to The bill clerk proceeded to call the national goals for geothermal production pendent upon exports and is one of the and site identification) most internationally integrated econo- roll. Ms. MURKOWSKI. Mr. President, I In section 3005(2), insert ‘‘, through a pro- mies in the world. The United States is ask unanimous consent that the order gram conducted in collaboration with indus- Sweden’s fourth largest export market, for the quorum call be rescinded. try, including cost-shared exploration drill- with Swedish exports valued at an esti- The PRESIDING OFFICER. Without ing’’ after ‘‘available technologies’’. mated $10.2 billion. Now, does this objection, it is so ordered. AMENDMENT NO. 3063 sound like a country where we just de- AMENDMENTS NOS. 3029, 2984, 3001, 3063, 3020, AND (Purpose: To require a study of the feasi- cide we are not going to have an am- 3067 TO AMENDMENT NO. 2953 bility of establishing an ethane storage bassador, yet we give ambassadors to Ms. MURKOWSKI. Mr. President, we and distribution hub in the United States) all these other nations all across the are now ready to process a handful of At the end of subtitle B of title III, add the world? That just doesn’t seem right. amendments with a series of voice following: Sweden is a significant export mar- votes. SEC. 310ll. ETHANE STORAGE STUDY. ket for my State of Minnesota, with I ask unanimous consent that the fol- (a) IN GENERAL.—The Secretary and the Secretary of Commerce, in consultation with $131.5 million in sales through Novem- lowing amendments be called up and ber of last year. Sweden, like Norway, other relevant Federal departments and reported by number: Barrasso amend- agencies and stakeholders, shall conduct a deserves to have an ambassador. ment No. 3029; Baldwin amendment No. Speaking of the Minnesota ties here, study of the feasibility of establishing an 2984; Wyden amendment No. 3001; Cap- ethane storage and distribution hub in the the economic and cultural influence of ito amendment No. 3063; Daines amend- Marcellus, Utica, and Rogersville shale plays Norway and Sweden is strongly felt ment No. 3020; and Hirono amendment in the United States. throughout the United States. I will No. 3067. (b) CONTENTS.—The study conducted under say that Minnesota has a special one. The PRESIDING OFFICER. Is there subsection (a) shall include— In fact, one of the most notable attrac- objection? (1) an examination of, with respect to the tions in Madison, MN, is a giant 25- Without objection, it is so ordered. proposed ethane storage and distribution hub— foot-long fiberglass cod named ‘‘Mr. The clerk will report the amend- Lou T. Fisk.’’ That is a little Scandina- (A) potential locations; ments by number. (B) economic feasibility; vian joke here late in the afternoon. The senior assistant legislative clerk (C) economic benefits; That is a lutefisk—‘‘Mr. Lou T. Fisk.’’ read as follows: (D) geological storage capacity capabili- Anyone from Norway or Sweden knows The Senator from Alaska [Ms. MUR- ties; that lutefisk is a traditional Nor- KOWSKI], for others, proposes amendments (E) above-ground storage capabilities;

VerDate Sep 11 2014 04:53 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.066 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S326 CONGRESSIONAL RECORD — SENATE January 28, 2016 (F) infrastructure needs; and license issues, and the Hirono amend- end of next week. I know that we have (G) other markets and trading hubs, par- ment on removing offensive language Members who are scheduled to come to ticularly hubs relating to ethane; and in the DOE Organization Act. the floor and speak to the Energy Pol- (2) the identification of potential addi- Members have worked very hard icy Modernization Act. tional benefits of the proposed hub to energy security. throughout the day on these issues, With that, I yield the floor. (c) PUBLICATION OF RESULTS.—Not later and I just want to make this point, as I suggest the absence of a quorum. than 2 years after the date of enactment of my colleague and I try to finish work- The PRESIDING OFFICER. The this Act, the Secretary and the Secretary of ing through the rest of this week and clerk will call the roll. Commerce shall— into next week to wrap up this bill, and The senior assistant legislative clerk (1) submit to the Committee on Energy and thank all our colleagues for helping us proceeded to call the roll. Commerce of the House of Representatives on this. Ms. MURKOWSKI. Mr. President, I and the Committees on Energy and Natural I will not object and am glad we got ask unanimous consent that the order Resources and Commerce, Science, and Transportation of the Senate a report de- to this point. for the quorum call be rescinded. scribing the results of the study under sub- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without section (a); and objection, it is so ordered. objection, it is so ordered. (2) publish those results on the Internet Ms. MURKOWSKI. Mr. President, I f websites of the Departments of Energy and know of no further debate on these THANKING THE SENATE PAGES Commerce, respectively. amendments. AMENDMENT NO. 3020 The PRESIDING OFFICER. If there Ms. MURKOWSKI. Mr. President, as I (Purpose: To provide for the reinstatement is no further debate, the question is on was turning to go into the cloakroom, of the license for the Gibson Dam project) agreeing to the amendments en bloc. I saw the pages here in the corner. I On page 229, after line 22, add the fol- The amendments (Nos. 3029, 2984, have had an opportunity to visit with lowing: 3001, 3063, 3020, and 3067) were agreed to several of them an hour or so ago. To- (c) REINSTATEMENT OF EXPIRED LICENSE.— en bloc. morrow is the last day of the session If the period required for commencement of f for these young pages who have come construction of the project described in sub- to us from all around the country to be section (b) has expired before the date of en- MORNING BUSINESS with us for a 5-month period. It is a actment of this Act— Ms. MURKOWSKI. Mr. President, I (1) the Commission shall reinstate the li- long time to be away from your home, cense effective as of the date of the expira- ask unanimous consent that the Sen- your family, your school, your commu- tion of the license; and ate be in a period of morning business, nity, to be here in a strange place with (2) the first extension authorized under with Senators permitted to speak other strange people, to be living in a subsection (a) shall take effect on that expi- therein for up to 10 minutes each. dormitory situation, to have a very ag- ration date. The PRESIDING OFFICER. Without gressive academic schedule and, by the AMENDMENT NO. 3067 objection, it is so ordered. way, at 16 years old, you are working. (Purpose: To modernize certain terms f You are told what you can wear. You relating to minorities) are told you cannot have your cell ENERGY POLICY MODERNIZATION phone. There are a lot of rules. Being a At the end of subtitle H of title IV, add the BILL following: page is not an easy thing. We have SEC. 47ll. MODERNIZATION OF TERMS RELAT- Ms. MURKOWSKI. Mr. President, I some of the brightest young men and ING TO MINORITIES. want to follow up on the comments of young women who come to us through (a) OFFICE OF MINORITY ECONOMIC IMPACT.— the Senator from Washington and the Senate page program. Section 211(f)(1) of the Department of Energy thank her for her willingness as we I want each of you to know how Organization Act (42 U.S.C. 7141(f)(1)) is have worked through several of these amended by striking ‘‘a Negro, Puerto Rican, proud we are of the job you do. You do American Indian, Eskimo, Oriental, or Aleut matters throughout the morning, into it with a smile. You do it with an en- or is a Spanish speaking individual of Span- the afternoon, and now here at the 5 thusiasm that I think helps us. I think ish descent’’ and inserting ‘‘Asian American, o’clock hour. You do not get to a place it helps remind us that this place is a Native Hawaiian, a Pacific Islander, African- where you can voice vote six amend- special place, that it is a privilege to American, Hispanic, Puerto Rican, Native ments without a level of cooperation, be serving in the Senate, whether it is American, or an Alaska Native’’. and I thank her for that. as an elected Member or whether it is (b) MINORITY BUSINESS ENTERPRISES.—Sec- I thank our Members, but I also want as a page or as those who are doing the tion 106(f)(2) of the Local Public Works Cap- to do a specific shout-out to our staffs, transcription of Senators’ comments or ital Development and Investment Act of 1976 who have been working through some (42 U.S.C. 6705(f)(2)) is amended in the third as staff. The fact that these men and sentence by striking ‘‘Negroes, Spanish- of the language, some of the issues, and women come here and help with the ef- speaking, Orientals, Indians, Eskimos, and coming together to provide us with a ficient operation of the day-to-day ac- Aleuts’’ and inserting ‘‘Asian American, Na- path forward. tivities needs to be recognized. Our tive Hawaiian, Pacific Islanders, African- I think we are optimistic that given page class of 2015–2016 certainly de- American, Hispanic, Native American, or the pace and the trajectory that we are serves a shout-out. Alaska Natives’’. on, we will be able to come in on Mon- I want to thank you for your work Ms. MURKOWSKI. Mr. President, I day and hopefully be able to alert that you have given us, making us look ask unanimous consent that the Sen- Members to a longer queue of votes a little more efficient and a little bet- ate now vote on these amendments en that we will have identified so they can ter at our job. Thank you for what you bloc. come prepared when we take up votes do and best wishes to you all. The PRESIDING OFFICER. Is there on Tuesday. I yield the floor. objection? We will again be asking Members to I suggest the absence of a quorum. The Senator from Washington. spend good, constructive time. If you The PRESIDING OFFICER. The Ms. CANTWELL. Mr. President, re- want to speak to your amendments, we clerk will call the roll. serving the right to object. I will not will be in session on Monday for at The senior assistant legislative clerk object. I just want to thank my col- least a few hours, and that would not proceeded to call the roll. league from Alaska for her hard work be a bad time to come and speak to any Mr. PERDUE. Mr. President, I ask in working on both sides of the aisle of the issues that are of importance to unanimous consent that the order for today on these amendments: the Bar- you. We really do hope to put in place the quorum call be rescinded. rasso amendment about energy re- a more defined schedule for next week The PRESIDING OFFICER. Without ported out of the Indian Affairs Com- so that colleagues know the trajectory objection, it is so ordered. mittee, the Baldwin amendment about that we are on. f water treatment, the Wyden amend- I think it is the intention of both ment on U.S. geothermal, the Capito Senator CANTWELL and myself that we THE DEBT amendment on ethane storage facili- move aggressively so that we can com- Mr. PERDUE. Mr. President, Wash- ties, the Daines amendment on hydro plete this very important bill by the ington received a loud wake-up call

VerDate Sep 11 2014 03:02 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.064 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S327 this week. On Monday, the Congres- pected to be followed by another in- country. We can solve our national sional Budget Office, or the CBO, re- crease later this year. debt crisis, but Washington’s business- leased its biannual ‘‘Budget and Eco- Imagine if interest rates go up to just as-usual approach must change and nomic Outlook’’ report and the projec- their 50-year average of 51⁄2 percent, lawmakers must start saying: We can- tions for the next decade are very so- taxpayers would be paying almost $1 not afford it. bering. The nonpartisan study found trillion in interest. This is more than Solving the debt crisis starts with to- that over the next decade our country twice what we spent on our military. It tally reinventing the failed budget will grow to nearly $30 trillion in debt. is more than twice what we spend on process, which has only worked four Folks, that is $30 trillion. This is unbe- our discretionary nonmilitary spend- times in the past 40 years. We have to lievable. It is unmanageable. ing. It is unmanageable, and we have to also reduce the size of our Federal bu- A number this large is nearly impos- deal with it right now. reaucracy and start with redundant sible to comprehend. Maybe that is Having been in the business world for agencies. Washington already has 256 why this seems to have gone unnoticed, over 40 years, there are four words that government programs running on auto- buried under headlines about Presi- I used to hear often and we used them pilot, costing taxpayers $310 billion a dential politics, Super Bowl 50, frequently: ‘‘We cannot afford it.’’ I year, and there are hundreds of billions Snowzilla, and Apple’s latest earnings personally have not heard these words of dollars in duplicate programs and statement. But what we can com- once in Washington over this past year, more opportunities to reduce waste. prehend is who is responsible for pay- my first year in the Senate. We simply It goes without saying that we need ing off this debt eventually. We are— cannot afford all we are spending to get our economy growing again. We the American people. today, and CBO says it will only get can do it by changing our archaic tax With nearly $19 trillion in debt today much worse. laws, by eliminating unnecessary regu- and over $100 trillion in future un- Just look at Washington’s grand bar- lations stifling our free enterprise sys- funded liabilities, we are well past the gain this past year. I voted against this tem, and by finally unleashing the full tipping point. This means each Amer- bad policy because it significantly potential of our energy resources here ican family is responsible today for added to the national debt and eradi- in America responsibly. We will not nearly $1 million of this debt. In addi- cated the conservative budget we put solve this debt crisis until we save So- tion, the Social Security and Medicare in place last year, which did cut $7 tril- cial Security and Medicare and address trust funds are expected to go to zero lion out of the President’s budget re- our spiraling health care costs. in roughly 15 short years. quest of last year. The solutions to these will take dec- According to an AEI analysis of this Additionally, President Obama’s eco- ades, but we have to start now. The CBO report, spending on Social Secu- nomic failures and disastrous health CBO report reveals a stark reality: We rity, Medicare, and other health care care law have dangerously set our debt are simply out of time. This debt crisis programs will grow at an average an- up to soar even higher after he leaves can no longer be ignored. It is here nual rate of 51⁄2 percent from 2016 to office. CBO projects ObamaCare will now. Washington must face up to that 2026, pushing spending on Social Secu- enroll 40 percent less participants than stark reality. We simply must start rity and health care alone to upwards expected in 2016. This will result in the making the tough decisions required to of $4.1 trillion in 2026—just 10 short Federal Government spending more put a plan in place to reduce this out- years from now. money to support the failed market- rageous debt. We must do this right This is more than we spent last year place exchange so it does not collapse. now for our future, for our children, on the entire Federal Government. The Hill reports that ‘‘spending on the and for our children’s children. This is not 20 years from now. This is marketplace is expected to rise to $56 I yield my time. in the immediate future. We will be billion next year, up from $38 billion The PRESIDING OFFICER. The Sen- spending more on these items than we this year. Within a decade, that total is ator from Delaware. did last year on the entire Govern- expected to double to more than $109 f ment. billion.’’ Plus, spending on health care My colleagues on the other side of programs has already jumped from $671 DEFICIT REDUCTION the aisle recognize that we have a cri- billion in 2008 to over $1.1 trillion this Mr. CARPER. Mr. President, I come sis. We all agree. However, their solu- year. CBO projects that health care to the floor this afternoon to talk a bit tion is simply to tax the working peo- spending will nearly double in the next about developments that involve our ple of America more. That is exactly 10 years, reaching $2 trillion in 2026. Nation, Iran, and the other five nations what we have been doing. It is not This is a train wreck, and it is here. that joined us in negotiating the joint working. Clearly, Washington cannot continue agreement. And we are encouraged In the last 15 years, our Federal Gov- spending like this, and we have to that it will reduce—maybe substan- ernment spending has grown from $2.4 make the changes necessary today. We tially—the likelihood that Iran will trillion in the year 2000 to $3.7 trillion have already reached the point where build a nuclear weapon in the near fu- in constant 2015 dollars last year. Be- our Federal debt has become the great- ture or even a good deal beyond that. cause of that, over this same period— est threat to our national and global I came to the floor to talk about that from 2000 to 2015—our Federal debt has security. At this point, we cannot pay subject, but after hearing the previous grown from $6 trillion in 2000 to $19 for the tools needed to defend our coun- speaker, I felt compelled to say a few trillion today. It is unbelievable. try. things. I am a recovering Governor. I However, last year the Federal Gov- Last year we spent nearly 3.2 percent was the Governor of Delaware for 8 ernment collected $3.2 trillion in taxes. of GDP on defense—less than the 30- years, and we balanced our budget 8 This is the largest amount ever in our year average of 4.2 percent of GDP. years in a row, cut taxes. I have been history. We have a spending problem, This is the lowest level in over a dec- told that more jobs were created dur- not a revenue problem. Furthermore, ade. We have been at war for more than ing those 8 years than at any other our country’s debt is not interest-free. a decade, and in the process we have time in Delaware history. Taxpayers are already paying im- totally worn out our military equip- I chaired the Senate Committee on mensely for Washington’s fiscal mal- ment and desperately need to recapi- Homeland Security and Governmental feasance. talize and update it. More concerning, Affairs. We worked closely with GAO. Last month, interest rates increased we are wearing out our people and can- We actually worked very closely with one-quarter of a point—only one-quar- not fully support our women and men the Bowles-Simpson folks about 5 or 6 ter of a point. But this equates to al- on the frontlines. years ago. They came up with three most $50 billion of new interest expense This crisis is here right now. It is ideas for deficit reduction and to make every single year. Our country must real, and it is dangerous and threatens sure that we do it for the long haul. borrow even more money to pay this our very way of life. These are eco- The Bowles-Simpson Commission was additional interest expense. That is a nomic realities we must come to grips formed at a time when deficit was $1.4 true measure of total insolvency. This with quickly in order to turn things trillion. For those who are following it, interest rate increase is widely sus- around and change the direction of our the deficit is still too high, but it has

VerDate Sep 11 2014 03:02 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.071 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S328 CONGRESSIONAL RECORD — SENATE January 28, 2016 been reduced by more than two- ideas from GAO, and we need to find ended tragically. Two U.S. Navy ves- thirds—I think it may have even been additional steps to take that provide sels carrying a total of 10 crewmembers close to three-quarters—and that is part of the blueprint. Every major strayed into Iran’s territorial waters. good. agency has inspectors general, and They were detained by Iran, and as There are things we need to do for many of them regularly give us rec- many of us know, they appeared on Ira- further deficit reduction. ommendations on how to save more nian television. The American vessels No. 1, we need to really consider money. Those reports should not just were somewhere they should not have what we do with our entitlement pro- go up on a shelf somewhere but should been. It was a mistake. grams. The Bowles-Simpson Commis- be an action plan for us. So there is As a former naval flight officer who sion suggested that we make some work for all of us to do. served 5 years in a hot war in South- changes and that we make them in The last thing I will say is that east Asia and another 18 years—right ways which do not harm older people health care costs as a percentage of up to end of the Cold War—as a P3 air- and which will save these programs for GDP in my time as Governor—actu- craft mission commander, I know this our children and grandchildren. I think ally, after I stepped down as Governor is a mistake we never want to make. that is very important, and that is one in 2001—which was pretty flat during Defense Secretary Ash Carter acknowl- thing we need to do. the mid-to-late 1990s, started to rise edged that the error had been made, No. 2, we need some additional reve- again and continued to rise until right and the sailors were released unharmed nues. We actually had four balanced around 2010, 2011. At that time health within 24 hours of being detained. budgets in a row during the last 4 years care costs as a percentage of GDP in Flashbacks of past hostage crises and of the Clinton administration. If you this country had risen to 18 percent. destabilizing tensions were on all of look at revenues as a percentage of When I ask a friend of mine how he is our minds as we watched this story un- GDP in those 4 years, it was 20 percent. doing, he says: Compared to what? fold. However, thanks to a more coop- Revenues as a percentage of GDP for Well, how about comparing it to erative and productive diplomatic rela- the 4 years we had a balanced budget Japan? In Japan health care costs as a tionship with Iran, the sailors were re- was 20 percent. When you look at percentage of GDP are about 8 percent. leased within 24 hours. spending as a percentage of GDP dur- We were 18 percent and they are at 8 As the week came to a close, we saw ing those 4 years, the last 4 years of the percent. They get better results, longer additional encouraging validations Clinton administration, it was 20 per- life expectancies, and lower rates of in- that the administration’s Iran strategy cent. During that time we had a bal- fant mortality. They cover everybody. is beginning to bear fruit. Following anced budget. In fact, we had a little Four or 5 years ago, we had 40 mil- months of the most intrusive nuclear surplus. But all of that got away from lion people going to bed without health inspections in history, international us in the 8 years that followed. After care coverage at all, and we didn’t get weapons inspectors concluded that Iran we had a change in administrations, better results and we were spending 18 had indeed followed through on its the deficit piled up to $1.4 trillion. percent of GDP. The good news is that pledge in the nuclear deal to dismantle Well, we have been ratcheting it down, since the Affordable Care Act—I wrote the parts of its nuclear program that and now we are recovering from the parts of it, and I am proud of the part were clearly not intended for peaceful worst recession since the Great Depres- I worked on. But there are things we purposes. The International Atomic Energy sion. Can we do better than that? Sure need to change, and my hope is that Agency certified that Iran had reduced we can do better than that. some day we get to a point in time its stockpile of enriched uranium by 98 In terms of deficit reduction, entitle- where Democrats and Republicans, in- percent and that the remaining ura- ment reform actually saves money, stead of just trying to kill and get rid nium was only enriched to levels con- save these programs for our kids and of it, will say that there are some good sistent with peaceful energy uses. The our grandchildren, and doesn’t harm things in this legislation and some inspectors certified that nearly 15,000 old people and poor people. good things that will be coming, and centrifuges for enriching uranium have The third thing we need is tax reform one of the good things that is coming is been dismantled. That leaves Iran with that generates revenues and hopefully that health care costs as a percentage only its least sophisticated centrifuges, reduces some rates, especially on the of GDP are not 18 percent anymore. which can be used solely for peaceful corporate side, where we are out of step They are coming down. The impact on purposes. The inspectors revealed that with the rest of the world. deficit reduction is actually quite posi- a special reactor for producing the kind The fourth thing we need to do is tive because of this legislation. of plutonium needed for a nuclear look at everything we do in order to f find ways to save money. I will always bomb in Iran will produce no more. It remember a woman who came to one of NUCLEAR AGREEMENT WITH IRAN has been filled with concrete instead. my townhall meetings early in my Mr. CARPER. Mr. President, those Finally, the nuclear watchdogs cer- time as a Congressman years ago, and are some things I didn’t plan to say but tified that the inspections and moni- her message to me, which I have never I felt compelled to say as a warmup to toring systems of Iran’s nuclear facil- forgotten, was ‘‘Congressman Carper, I what I really wanted to say, and that is ity and nuclear supply chain have been don’t mind paying for additional taxes; to talk about the agreement we struck stood up to ensure Iran’s compliance I just don’t want you to waste my with Iran and some of the things that with the nuclear deal. money.’’ That is what she said. ‘‘I don’t have been happening since then with All of this happened much faster mind paying for additional taxes; I just us, the United States, and five other than most of us would have expected. don’t want you to waste my money.’’ I nations. It certainly happened faster than I ex- think most people in this country feel Over the past couple of weeks, the pected it would. In fact, some critics of that way. Obama administration’s decision to en- the nuclear deal said that Iran would As it turns out, one of the jobs of gage with Iran, along with these other never live up to the promises it had GAO—the Government Accountability five nations, through diplomacy in- made—never. Yet, despite that skep- Office—as a watchdog on spending for stead of military action has faced key ticism, today we see an Iran that has us is every 2 years they provide to the tests. The results are in, and the agree- taken irreversible steps to dismantle Congress a high-risk list of ways we are ment that we struck—the United its nuclear weapons program in order wasting money. When Tom Coburn and States, the Brits, the Germans, the to make good on its pledges. I led the Homeland Security and Gov- French, the Chinese, the Russians, and Amid the nuclear deal’s implementa- ernmental Affairs Committee, we used the Iranians—appears to be working tion, the United States achieved an- that as kind of our shopping list that thus far, and, God willing, we may ac- other diplomatic breakthrough with we used to offer changes in spending tually be on our way to being safe as a Iran—one that I and a number of my and changes in revenues—especially in result. colleagues had a hand in. government collection—that would ac- This test began on the high seas 2 The Iranians released five individ- tually further reduce the deficit. We weeks ago when the United States and uals—all dual U.S.-Iranian citizens— have taken action on a bunch of the Iran faced a crisis that could have that they had been detaining in Iran

VerDate Sep 11 2014 03:02 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.073 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S329 for some years. Their release was the partners and the government of Iran. We ought to listen to these people. result of intense diplomatic negotia- This is a collage of photographs that They are not much older than the tions. Secretary Kerry and his team of indicates the measure of joy the Ira- pages who are sitting here in front of negotiators worked overtime to secure nian people are reacting to this suc- us this evening. They are interested in their freedom. They deserve our appre- cessful negotiation with. their country changing for the better. ciation and our thanks. I just want to say Iran is little under- They are interested in reform. A num- I had never forgotten about these stood by most Americans. They have 78 ber of them have relatives who live Americans, and neither had my col- million people there today. The aver- over here in our country, and there are leagues. Whenever we spoke or met age age of those people is under the age a lot of Iranian Americans who live with senior Iranian officials in recent of 25—a lot like the young people we here. For the most part, they are very years, we consistently called on them see in these photographs. For the most valued citizens, and people would be to release our unjustly detained citi- part, they are all educated. The lion’s proud to call them Americans. zens. The end result is that these share of them don’t remember the Ira- We need to listen to these young peo- Americans are free to rejoin their fam- nian revolution of 1979 and the taking ple who are calling for reform and who ilies in America instead of rotting in of American hostages at our embassy want to reconnect Iran to the inter- an Iranian prison. or the cruel Shah whom we supported national community. Frankly, it would The events and achievements that until his ouster. This is a population, be wise of us to do so for the sake of occurred during these 6 days were a re- reflected in these photographs, that ap- our security and for the sake of the se- markable validation that the Obama pears more focused on building Iran’s curity of our allies and for stability in troubled economy than pursuing an- administration and those of us in Con- the Middle East. gress who voted to support the nuclear tagonizing military activities favored Mr. President, I see no one waiting to deal had made the right choice. But by the Supreme Leader and by many of be recognized at this time. our challenges with Iran have not van- the Revolutionary Guard. I suggest the absence of a quorum. In the weeks ahead, this new genera- ished—not by a long shot. Iran con- The PRESIDING OFFICER. The tion of young Iranians will head to the tinues to support terrorist organiza- clerk will call the roll. polls—sometime in the month of Feb- tions like Hezbollah. Iraq props up the The legislative clerk proceeded to ruary—to choose the country’s next Assad regime in Syria. Iran tests and call the roll. parliament, as well as an entity called develops ballistic missiles in defiance Mr. SULLIVAN. Mr. President, I ask its Council of Experts, which I believe of U.N. Security Council resolutions. unanimous consent that the order for is the body that will help to choose the Another American, former FBI agent the quorum call be rescinded. next Supreme Leader of Iran. At stake Bob Levinson, disappeared 8 years ago The PRESIDING OFFICER. Without for these Iranians is the choice between in Iran, and the Iranian government objection, it is so ordered. the policies of engagement and eco- Mr. SULLIVAN. Mr. President, I ask needs to do all it can to help return nomic revival being vigorously pursued unanimous consent to speak for as him to his family or, if they can’t do by President Rouhani, Foreign Min- much time as I may consume. that—if he is no longer alive—at least ister Zarif, and their supporters, as op- The PRESIDING OFFICER. Without help find out what happened to this posed to the politics of antagonism and objection, it is so ordered. American. Also, of course, Iran refuses destabilization that are apparently fa- to recognize Israel’s right to even vored by the Supreme Leader and f exist. many in the Revolutionary Guard. OVERREGULATION OF THE Addressing these problems with Iran We have seen photographs this week AMERICAN ECONOMY will not be easy. They will require the of President Rouhani meeting not just Mr. SULLIVAN. Mr. President, I rise same kind of intense negotiations and with Pope Francis—the first meeting in support of an amendment that I am pressure that helped to bring about an between the leader of Iran and the hoping will be part of the Energy bill end to Iran’s nuclear weapons program Pope in close to 20 years—but also of currently being debated on the floor and the release of the detained Ameri- his meetings throughout Europe, call- cans. That means our relationship with ing on countries, calling on businesses and being shepherded through the Sen- Iran will not always be composed of in order to try to solicit and pave the ate by my colleague from the great carrots. There may very well be times way for investments not in weaponry, State of Alaska, Senator MURKOWSKI. when sticks are needed to try to con- not in aid to Hezbollah, but invest- I commend Senator MURKOWSKI, the vince that Nation’s regime to change ments in roads, highways, and chair of the Energy and Natural Re- its behavior toward us and our allies, bridges—things that we need, but they sources Committee, for the bill she has including Israel. need them a whole lot worse. Their worked on for months—incredible hard Perhaps no action better illustrates roads, their highways and bridges, work. It is great to have her as the these dynamics than the United States’ their airports and trains make ours chair of the committee, certainly for recent move to increase sanctions on look like the 21st century. They need Alaska but for the entire country. Iran for its illegal testing of ballistic to invest in those things. States such as the Presiding Officer’s missiles—something that is a clear vio- They have a lot of oil. They have the recognize how important American en- lation of the sanctions. At the same ability to pump a lot more. I think ergy is for all our citizens. time that the U.S. was lifting nuclear they pump about 300,000 barrels a day. One of the many positive aspects of sanctions on Iran as part of the nuclear By the end of this year, they will have the bill we have been debating is that deal, the Obama administration was the ability to pump as much as 1 mil- it is focused on cleaning up old regula- leveling sanctions against 11 entities lion barrels of oil a day, and they are tions, cleaning up outdated programs, for their role in supporting Iran’s bal- not going to do that without enormous getting rid of some of the things we listic missile program. investments in their oil infrastructure. don’t need. Addressing our challenges with Iran They have a great need to do that. The amendment that this Senator over the long term will also require These young people know that. That is would like to offer as part of the En- this administration, along with future where they would like to spend that ergy bill is based on a bill I recently in- administrations and Congress, to adopt money. troduced called the RED Tape Act of a forward-thinking foreign policy that We should help make the upcoming 2015. The R-E-D in RED Tape Act looks beyond the rhetoric of Iran’s cur- parliamentary elections in February stands for Regulations Endanger De- rent regime. for these voters and others an easy mocracy Act, and this Senator believes I have a chart here that I want to choice. We should continue to show the that is the case. The onslaught of regu- share with everyone tonight. It is a people of Iran that their cooperation lations are not only threatening our collage of photographs. I believe these and their commitment to peace will be economy but are actually threatening photographs were taken in the after- rewarded. How? With economic oppor- our form of government. That is why I math of the decision to approve the tunity and the shedding of Iran’s status am proposing a simple one-in, one-out agreement—a decision reached by the as a pariah in the international com- bill that will cap Federal regulations— United States and our five negotiating munity. a simple commonsense approach to

VerDate Sep 11 2014 03:02 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.075 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S330 CONGRESSIONAL RECORD — SENATE January 28, 2016 Federal regulations that will begin to promise to reach across the aisle for economy, and that is one of the main address what I think the vast majority good ideas to grow the economy. This reasons why we can’t grow. of Americans recognize as a monu- is one that would strengthen our econ- When it was first published in 1936, mental problem. What is that problem? omy, create jobs for hard-working mid- the Federal Register, which contained Economists around the country and dle-class Americans, union workers, a daily digest of proposed regulations many Members of this body believe and pave the path for what we haven’t from agencies and final rules and no- that the overregulation of the Amer- seen in over a decade, a private sector tices, was about 2,500 pages. By the end ican economy is why we can’t grow that is thriving. That is the heart of of 2014, the Federal Register had this economy. This Senator thinks it is the American dream. ballooned to close to 78,000 pages. What often looked at as a partisan issue. It is Before I get into details, let me spend we are seeing is an explosion of regula- not a partisan issue. To the contrary, a few minutes on the economy and why tions. it is a consensus issue about the im- I believe we must pass this amend- This chart relates directly to why I pact of regulations on the American ment. Our debt is approaching $20 tril- believe we can’t grow our economy. Re- economy. lion. The national debt of the United member regulations are taxes. They To give a couple of examples, here is States has increased more under Presi- cost American families, American con- how The Economist put it in a 2012 dent Obama’s two terms than it has sumers, and American small busi- cover story titled ‘‘Over-Regulated under all previous administrations in nesses. There are huge costs to this ex- America.’’ The redtape is right here. U.S. history. Of course, one of the rea- plosion, particularly when they accu- This lead article in The Economist said sons is we are spending too much, but mulate like this. a couple of years ago that ‘‘America this Senator believes the biggest rea- President Obama’s Small Business needs a smarter approach to regula- son is that we cannot grow this econ- Administration puts the number of the tions’’ that will ‘‘mitigate a real dan- omy. annual cost of regulation that impacts ger: that regulations may crush the life The U.S. average economic growth the U.S. economy at about $1.8 trillion out of America’s economy.’’ rate for almost our entire history as a per year. That is a number that would There is a real danger that regula- country, from 1790 to 2014, has averaged make it one of the largest economies in tions will crush the life out of the about 3.7 percent GDP growth. That is the world. That is about $15,000 per American economy. I think that is al- real American growth. For over 200 American household, about 29 percent ready happening. Again, this is not a years there has been ups and downs, of the average American family budg- partisan issue. Many Democrats in this but the average has been about 4 per- et. That is what we are doing to our body have called for a smarter ap- cent GDP growth. This is what has families and our economy. proach to Federal regulations. made us great as a nation. The Obama I believe a huge part of the problem Governors, particularly Democratic administration’s average GDP growth of what is keeping our economy back Governors across the country, have is about 1.5 percent—dramatically less and the opportunities for middle-class also decried the overregulation of our than the traditional levels of American families is right here in this town. The economy. For example, the two-term growth that we need. As a matter of Federal Government, with agencies and Massachusetts Governor, Deval Pat- fact, officially this recovery has been the alphabet soup of agencies—the IRS, rick, made regulatory reform a hall- the weakest in over 70 years. the BLM, the EPA—are constantly pro- mark of his administration’s approach While the American people might not mulgating new regulations. What they to growing their economy, and it is not have all these specific numbers at don’t do is they never remove old regu- just Democratic Governors. It is actu- hand, they know something is wrong. lations. From across the country, ally Democratic Presidents. In 2011, They know they are not finding the whether it is Alaska or Maine, our Newsweek featured a cover story with good jobs, that they are not getting the businesses, our citizens, and particu- President Clinton’s face on the cover raises in the jobs they have. They larly the most vulnerable, our families, that highlighted his 14 ideas to grow know their family’s budget isn’t are being impacted by the explosion of the economy and create jobs. In the ar- stretching as far as it used to stretch. regulations from the Federal Govern- ticle, President Clinton lamented the This should not be the case. ment right here in Washington, DC. long wait time for permanent approv- We live in the greatest Nation in the Let me give you a few examples. On als for infrastructure projects through- world. We have so many advantages the North Slope of Alaska they can’t out the country due to overregulation. over other countries. Our high-tech get small portable incinerators that One of President Clinton’s top rec- sector is still the most innovative in comply with the upcoming EPA regula- ommendations to put hardworking the world, an efficient agriculture sections, so the trash in these amazing Americans back to work was to speed tor feeds the world, and our univer- communities in my State piles up until up the regulatory approval process and sities are the best universities in the it is actually taken out by airplane. grant States waivers on burdensome world by far. We are in a renaissance in This is polar bear country. This is dan- Federal environmental rules to hasten energy production with renewables, oil, gerous—trash everywhere. It is cer- the time that construction projects can and gas that have once again made us tainly harmful to the environment be- begin and real hardworking Americans a superpower in the world, one of the cause regulations don’t allow inciner- can work. best managed, highly productive fish- ators. Even President Obama in his recent eries in the world from my State in Because of the Federal roadless rule State of the Union Address focused on Alaska, and we certainly have the most in Southeast Alaska, we can’t even regulations. The President of the professional, lethal military in the build new alternative energy plants for United States said: world. We have so many advantages the citizens of my State who des- I think there are outdated regulations that over every other country in the world. perately need energy because we pay need to be changed. There is red tape that So why aren’t we growing our econ- some of the highest costs of any State needs to be cut. omy? Why can’t our economy expand in the country with regard to energy. President Obama stated this just a at traditional levels of American Nationally, bridges are crumbling, and few weeks ago. As a matter of fact, it growth? we cannot get them built, in large part was the biggest applause line of the en- Look at this chart behind me. This because of the overburdensome Federal tire evening. Democrats and Repub- clearly to me and to many others is regulations. licans roared at this. The President one of the reasons: new regulation on On average, it takes over 5 years to recognized what redtape is doing to top of old regulation on top of old regu- permit a bridge in the United States— this great economy. lation—a steady increase year after not to build a bridge, just to get the So I took the liberty to write the year, starting here in 1976 with no end Federal Government’s permission to President after his State of the Union in sight, an explosion that is going to build a bridge. Right now there are Address, commending him for his focus keep going until we do something 61,000 bridges in our country in need of on regulations, and asked him to get about it. Through these regulations the repair, but burdensome regulations his administration to back my RED Federal Government is looking to regu- delay commonsense repairs. These Tape Act and to follow through on his late every aspect of the American bridges are being crossed by our

VerDate Sep 11 2014 03:02 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.076 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S331 trucks, carrying the Nation’s com- Socialists have backed this idea. I cer- mentary magazine. Partly because the merce, our children, schoolbuses, and tainly hope Senator SANDERS is listen- column is about Daniel Patrick Moy- parents trying to get home for dinner. ing, and I hope I can get him and other nihan, at whose desk I intentionally Thousands of communities across the Members of this body to support this sit, partly because it is about C.S. country are simply keeping their fin- amendment. Lewis, a man whose writings have gers crossed, hoping their current To be clear, I am certainly not changed my life, and partly because it bridges last another year. against all regulations or permitting is just darn good exhortation to us, I Let me provide one more example in requirements. When I served as the would like to read a portion of this col- terms of what is happening with regard commissioner of the Department of umn into the Senate RECORD today. to the overregulation of our economy. Natural Resources in Alaska, we Wehner begins: This involves one of the most impor- worked with our bipartisan legislature While reading Gregory Weiner’s fas- tant sectors of the U.S. economy— to overhaul our permitting and regu- cinating book ‘‘American Burke,’’ I came small community banks. Over 1,300 latory system and to bring what we across this comment: ‘‘(Daniel Patrick) Moy- small community banks have dis- have seen on the Federal Government nihan’s intellectual curiosity was such that appeared since 2010, and only 2 new side—a huge backlog of permits—to get he gravitated toward thinkers with whom he banks in the United States have been disagreed precisely because he disagreed projects moving. We brought that with them and could consequently learn chartered in the last 5 years. If you ask backlog down by over 50 percent from them. any small community banker what is through regulatory and permitting re- This observation reminded me of an inci- driving this, they will point to this form, and we did so with the absolute dent in 1948 involving C.S. Lewis and Eliza- chart. Regulations from Washington, understanding that protecting our en- beth Anscombe, a Catholic convert who was DC, are driving our small community vironment and keeping our citizens considered one of the most brilliant moral banks out of existence. Even during the safe was a fundamental precondition to philosophers of her generation. Great Depression, we had on average 19 Lewis was president of the Oxford Socratic any of our actions. But we can do both. Club, an open forum that met every Monday new banks a year. In the last 5 years, We can bring down this huge burden evening and whose purpose was to discuss the United States has seen two new and still make sure we have a clean en- the intellectual difficulties connected with banks chartered in our country. vironment and a strong, healthy econ- religion, and with Christianity in particular. So what do we do? Well, the good omy. ‘‘In any fairly large and talkative commu- news is that many colleagues in the There are simply too many Federal nity such as a university— Senate on both sides of the aisle have regulations out there, and the Amer- And, I would add, such as a Senate— offered suggestions and introduced ican people know it. It is time this there is always the danger that those who bills to stop the redtape, to stop this body stops increasing this number of think alike should gather together into trajectory of Federal regulations from regulations and puts a cap on it. ‘coteries’ where they will henceforth encoun- strangling our economy and our future. Finally, if we do this, we will make ter opposition only in the emasculated form But we need something that is simple, sure that all of the comparative advan- of rumor that the outsiders say thus and thus,’’. . . . something that hard-working Ameri- tages we have in this country—so The absent are easily refuted, complacent cans understand, and something that is many that we have over so many other dogmatism thrives, and differences of opin- bold to take on this challenge. I believe countries—will enable us to unleash ion are embittered by group hostility. Each the amendment I have offered to the the might of the U.S. economy, create group hears not the best, but the worst, that Energy bill, the RED Tape Act, is both better jobs, and create a brighter fu- the other groups can say. . . . simple and bold enough to take on this ture for our children and their chil- On February 2, 1948, Anscombe and Lewis debated a portion of Lewis’s book ‘‘Mir- challenge. It is only 5 pages long. Using dren. a simple one-in, one-out method, it acles,’’ with Anscombe reading a paper I yield the floor. pointing out ‘‘a fatal flaw in Lewis’s argu- caps Federal regulations. New regula- Mr. President, I suggest the absence ment,’’. . . (It was a complicated critique tions that cause a financial or adminis- of a quorum. having to do with the conflation of irrational trative burden on the economy, on The PRESIDING OFFICER. The and nonrational factors in belief-formation.) hard-working American, on middle- clerk will call the roll. The result of the debate, which Lewis him- class families, on union workers would The legislative clerk proceeded to self felt he lost, was revisions to his book. need to be offset by repealing an exist- call the roll. Anscombe, while not convinced by the ing regulation. Simple—you issue a Mr. SASSE. Mr. President, I ask changes made by Lewis, did say ‘‘the fact new regulation, you repeal an old regu- that Lewis rewrote that chapter, and rewrote unanimous consent that the order for it so that it now has these qualities, shows lation. People understand that and it the quorum call be rescinded. his honesty and seriousness.’’ makes sense. The PRESIDING OFFICER (Mr. SUL- That’s not all. When Lewis was asked to This is not a radical idea. This is not LIVAN). Without objection, it is so or- nominate speakers for the 1951 Socratic Club some kind of poison pill that we want dered. season, Anscombe was his first choice. ‘‘That to attach to the Energy bill, because I f lady is quite right to refute what she thinks think that is a good bill. It is an idea bad theistic arguments, but does this not al- that is gaining consensus not only SENATE DEBATE most oblige her as a Christian to find good throughout the country but through- Mr. SASSE. Mr. President, one of the ones in their place: having obliterated me as an Apologist ought she not to succeed me?’’ out the world. Other countries have ac- fundamental purposes of this body is to There is something impressive in the quali- tually taken up this idea to fix their debate some of the biggest issues fac- ties demonstrated by Moynihan and Lewis: a regulatory problems as well. In Can- ing this Nation and to do so in an hon- willingness to learn from others, including ada, they recently put an administra- orable way. The Senate is for debate those with whom we disagree. There is in tive fix to their regulations that was but not as an abstraction. It is to be this an admirable blend of intellectual hu- one-in, one-out. In Great Britain they addressing and ultimately solving the mility and self-confidence—the humility to have done this to the point where it is meatiest challenges the Constitution know that at best we possess only a partial viewed as so successful that they are demands that we tackle. Unfortu- understanding of the truth, which can always be enlarged; and the self-confidence not talking about one-in, one-out any- nately, a great deal of our debate is that allows for refinement and amendment more, they are talking about maybe weak and embarrassing. Much of it of our views in light of new arguments, new one-in, two-out. So I think this is an falls off the trivial side of the cliff or circumstances, new insights. idea that both parties of the Senate, the shrill side of the cliff. Beyond that, it’s a useful reminder that Members from both sides of the aisle, During my time serving Nebraskans the quality we ought to strive for isn’t cer- can get behind. in this place, I hope to be aligned with titude but to be a seeker of truth. That is, I Even National Public Radio did a re- those who want fighting and debating think, what separates ideologues from true cent story about how well this one-in, in this place, but it needs to be mean- intellectuals. The former is determined to defend a pre-existing position come what one-out rule is working in Canada. It ingful fighting. It needs to be honor- may, interpreting facts to fit a worldview has freed up hundreds of thousands of able, honest debating. that is already well beyond challenge. The hours of paperwork for small busi- To that end, there is a terrific col- latter seeks genuine enlightenment and is nesses in particular. Even the Canadian umn this week by Pete Wehner in Com- eager to discard false notions they may

VerDate Sep 11 2014 04:53 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.078 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S332 CONGRESSIONAL RECORD — SENATE January 28, 2016 hold—and values rather than resents those discussion and debate about the Energy We take for granted that our min- who help them on that journey. Policy Modernization Act. We took erals and metals that we have available The purpose of debating, then, isn’t so votes on three amendments, and we to us are going to continue to be avail- much just to win an argument as it is to just concluded voice votes on six addi- able. Unfortunately, most of us do not deepen our understanding of how things really and truly are. It isn’t to out-shout an op- tional ones on top of the two voice really pay attention to the fact that so ponent but, at least now and then, to listen votes that we had. So we are moving many of the things that we rely on for to them, to weight their arguments with through some of the amendments, and so much of what we need in our every- care, and even to learn from them. It’s worth I think that bodes well for us. day world come from minerals. We just noting that Lewis warned about simply sur- As I mentioned earlier, we will hope- do not think about it. We assume that rounding ourselves with like-minded people fully have an opportunity to line up a stuff just gets here. We do not think who reinforce our own biases and how de- series of votes in advance so that when about where it comes from. We should bates conducted properly ‘‘helped to civilize Members come back next week we all not ever take for granted our mineral one another.’’ What a quaint notion. know where we will be going and the security. We should not ever take for In saying all this, I’m not insisting that direction. I wish to take just a few granted what it is that we need. everyone you disagree with is someone you minutes tonight, before we wrap things People talk about rare earth ele- can learn from, nor that everyone’s views up, to talk about a section in the bill ments, rare earth minerals. When we contain an equal measure of wisdom. Some that I believe is very important—not think ‘‘rare,’’ what is ‘‘rare’’? What ex- people really don’t know what they’re talk- only important to the Energy Policy actly does that mean? Why do we need ing about, some people really do hold per- Modernization Act but really very im- them? What do we use them in? Rare nicious and false views, and some people portant to our Nation as a whole. earth elements make many aspects of really do deserve harsh criticisms. The Presiding Officer and I hail from My point is simply that because the pull is our modern life possible. so strong the other way—most of us use de- a State that has been an oil producer We talk a lot about how we are going bates as a way to amplify pre-existing views for decades now. It is oil that sustains to move to more renewable energy rather than refine them; try to crush oppo- us, fills our coffers, and allows for us to sources. You are going to need rare nents rather than engage and understand have an economy that is thriving and earth elements for wind turbines. You them; and focus on the weakest rather than strong. It is struggling right now as we are going to need it for your solar pan- the strongest arguments found in opposing look at low production combined with views—the Moynihan-Lewis model is a good els. You are going to need it for your low cost, but we also are a State that rechargeable batteries. You are going one to strive for. enjoys great resources when it comes Wehner continues: to need it for your hard drives, your to our minerals. smartphones, and the screens on your I understand that talking about such We have long talked in this body over computer. You are going to need it for things can sound hopelessly high-minded the course of years about the vulnera- and, for some, signal a mushy lack of convic- your digital cameras, for your defense bility that we have as a nation when applications, for audio amplification. tion. When you’re in a political death match we have to rely on others for our en- with the other side, after all, the idea of That is just what we put on this par- learning from it seems either ridiculously ergy resources. We talk about energy ticular chart. independence, we talk about energy se- naive or slightly treasonous. But of course, It is important to recognize that so curity, and, I think we recognize that this reaction highlights just how much much of what allows us to do the good when we can produce more on our own things have gone off track. things that we do—to communicate, to To be sure, American politics has always without others, it makes us less vul- help defend, to help power our coun- been a raucous affair. As Madison put it in nerable. try—comes to us because we have ac- Federalist #55, ‘‘Had every Athenian citizen Energy security translates to na- cess to certain minerals. been a Socrates, every Athenian assembly tional security. I think we pretty much would still have been a mob.’’ The question got that message around here, and we According to the National Research is whether one stokes the passions of the Council, more than 25,000 pounds of mob or appeals to reason. are doing more within this Energy Pol- icy Modernization Act to make sure new minerals are needed per person per As someone who doesn’t do nearly well year in the United States to make the enough in this regard, I rather admire the that we are less reliant on others for Lewis model. He was a better man, and Mir- our energy sources, whether it is what items that we use for basic human acles was a better book, for having recog- we are doing to produce more fossil needs, infrastructure, energy, transpor- nized he lost his debate with Ms. Anscombe. fuels or being able to leverage tech- tation, communication, and defense. For Lewis to then promote her despite hav- nologies that will allow us to access You might say: Whoa, 25,000 pounds per ing been bested by her was doubly impres- our renewable resources in a way that person per year—I cannot possibly need sive, yet in some respects not surprising. is stronger and more robust, again to all that stuff. After all, Lewis was a man who cared more But, Mr. President, you and I fly about striving after truth than in attending ensure we have greater energy secu- to his pride. He cared more about learning rity. back and forth to Alaska. Those air- from arguments than winning them. When we think about energy secu- planes we fly on need these minerals. So should we. rity, we should not forget mineral se- Every one of these young people, as Again, this was Pete Wehner, Com- curity—the minerals that also help to well as us sitting in here, all have a mentary Magazine, with some instruc- make us a great nation, and a nation smartphone or some way we are com- tive words for all of us laboring here in that is less vulnerable when we are municating, and we all need this. All of this body. able to produce more of our own. the staff who are working on their Mr. President, I suggest the absence For several Congresses—this is actu- computers need that screen to look at, of a quorum. ally the third consecutive Congress—I and we all need this. The PRESIDING OFFICER. The have introduced legislation on this sub- When you think about it, it is like clerk will call the roll. ject. It is a bill that I have titled the OK, maybe that number is right. Bill The legislative clerk proceeded to ‘‘American Mineral Security Act.’’ Gates put it quite memorably last call the roll. What we have done within the energy year. He wrote a blog post entitled: Ms. MURKOWSKI. Mr. President, I bill is take much of that legislation ‘‘Have You Hugged a Concrete Pillar ask unanimous consent that the order and include it as part of a subtitle on Today?’’ It is really a very interesting for the quorum call be rescinded. critical minerals. Maybe it is because I read, and it reminds us that you take The PRESIDING OFFICER. Without authored it, but I feel pretty strongly for granted the things that we need, objection, it is so ordered. that this is a pretty good version. This the things that we use on a daily basis, f is a pretty good title that is contained the things that are under our feet as we in the EPMA, and I think that passage are walking here to work. ENERGY POLICY MODERNIZATION of not only the critical minerals piece Minerals and metals are really the BILL as part of EPMA is key for our eco- foundation of our modern society. Our Ms. MURKOWSKI. Mr. President, we nomic security, energy security, and access to them enables a range of prod- are winding down the day here. We our national security. It is just the ucts and technologies that greatly add have had a good opportunity for good right thing for us to be doing. to our quality of life. Yet many of the

VerDate Sep 11 2014 03:02 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.079 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S333 trends are going in the wrong direc- time to communicate, to send mes- When I look at our foreign mineral tion, which creates vulnerabilities for sages home, to do our business, we can- dependence and where those minerals our country. not have them unless we get this from are coming from, I see reason after rea- We have a real problem on our hands somebody else, from some other coun- son to be concerned. It is not hard to right now as a result of this reliance on try. There are options for us though, see the prospect of a day of reckoning minerals and the fact that so many of just as there are options for us with en- when this will become real to all of us, our minerals that we need today we ergy sources. We can find ways to help when we simply cannot acquire a min- must import. You are thinking: 25,000 us produce more when it comes to mineral or when the market for a mineral pounds per person per year is a lot; erals and mineral capacity so that we changes so dramatically that entire in- where are we getting it from? How are less reliant. dustries are affected. much of it are we relying on other We had a hearing before our energy To put it even more bluntly, our for- countries, asking their permission to committee, and we had a witness by eign mineral dependence is a mounting bring it in? the name of Dan McGroarty, who leads threat to our economy, to our national It is not just rare earth elements. the American Resources Policy Net- security, and to our international com- The reality is that the United States work. He provided some pretty good ex- petitiveness. We cannot lose sight of now depends on many, many other na- amples of our Nation’s foreign mineral that international competitiveness. tions for a vast array of minerals and dependence. He pointed out that the The absence of just one critical min- metals. We have the numbers to back minerals needed for clean energy tech- eral or metal could disrupt entire tech- that up. In 1978 the U.S. Geological nologies often come from abroad, nologies, entire industries, and create a Survey reported that the United States threatening our ability to manufacture ripple effect throughout our entire was importing at least 50 percent of those technologies here at home. This economy. our supply of 25 minerals, and 100 per- is what he wrote in his prepared testi- I think it is well past time for us to cent of 7. mony: be taking this seriously. We have seen We recently got the latest figures Graphite is key to [electric vehicle] bat- some good signs from the administra- from the USGS. Our foreign mineral teries and energy storage. The U.S. produces tion. However, the reality is that our dependence is now far deeper. In 2015, zero natural graphite—we are 100 percent im- executive agencies are not as coordi- last year, we imported at least 50 per- port dependent. nated about this as they really should cent of 47 different minerals, including Indium is needed for flat-screen TVs and be. They do not have all of the statu- solar photovoltaic panels. Most indium is de- 100 percent of 19 of them. On this list rived from zinc mining—the U.S. is 81 per- tory authorities needed to make the you have the minerals for which we are cent dependent for the zinc we use, and we necessary progress on this issue. 100-percent reliant on foreign nations, produce zero indium. There is just no substitute for legis- whether it is bauxite, cesium—which Thin-film solar panels are made of C-I-G-S lation, and that is why I am very we have in Alaska—graphite—which we materials—those letters stand for Copper, In- pleased that the members of the En- have in Alaska—indium, iodine, man- dium, Gallium, and Selenium. We have a ergy and Natural Resources Committee ganese, mica, niobium, quartz, crystal. 600,000 metric ton copper gap at present—de- accepted my language in our bill to re- I am going to stop now because they mand exceeding supply. Selenium is recov- build this mineral supply chain. We did ered from copper processing. get more difficult to pronounce. Gallium comes from aluminum proc- this in committee with almost no sub- These are the minerals that we are essing—we are 99% import-dependent—and stantive changes. 100-percent reliant on other nations we are closing American aluminum smelters When it comes to permitting delays for. What do we use them in? We use at a record pace. for new mines—you have heard me say them in transistors, electrical compo- Mr. McGroarty also highlighted the this before—our Nation is among the nents, mirrors, rubber, vacuum tubes, national security implications of our worst in the world. We are almost dead photo cells, bicycles, fishing rods, golf foreign mineral dependence, explain- last. We are stumbling right out of the iron shafts, baseball bats, defense ap- ing: gate, right out of the very start of the plications, medical equipment, atomic We need rhenium for high-strength alloy in supply chain, and then we do not ever clocks, aluminum, glass, enamel, bat- the jet turbines in the F–35 and other fighter seem to be able to catch up. teries, gaskets, brake lining, fire re- aircraft. Rhenium is dependent on copper Where do you place the blame? The tardant, magnets. Again, that is just processing—and we are 83% import-depend- fall begins with us here. When we de- what we can put on the charts. ent. Congress has directed the Defense De- cide that a mineral is critical, we need We are 100-percent reliant on other partment to purchase electrolytic man- to understand what we have. We need countries for some of the things that ganese, used in key super-alloys, for the [de- to survey our lands. We need to deter- fense stockpile]—the U.S. produces zero are basic everyday products that we do manganese. We need rare earths in too many mine the extent of our resource base so not think about. Again, we take for applications to list: Wind turbines, lasers for we know what we can produce right granted that these things are going to medical and national security applications, here at home. If we do not know, it continue to be readily available—that smart phones and smart bombs. We produce makes it pretty difficult to get any- it is always going to be there for us. zero rare earths—and we are once again 100% body interested in production. We For example, look at the cell phone. dependent on China. should keep working on alternatives, Let us look at the elements that it You may recall not too many years on efficiency, and recycling options. takes to make a smartphone. When you ago now when there was a little bit of That is not what this is about. We need look at what goes into the smartphone, an issue going on between Japan and to keep doing that, especially for those for your screen, indium is part of the China. China withheld delivery of cer- minerals where our Nation does not screen. Alumina and silica are part of tain rare earth elements that Japan and will not ever have significant the screen. It is a variety of rare earth. needed for its manufacturing. China abundance there. All of these rare earths that we are was holding the keys. China is holding We should build out a forecasting ca- looking at are 100-percent reliant on the keys with many of these minerals. pability so that we can gain a better other nations for what goes into the Our foreign dependence is dangerous understanding of mineral-related screen. enough. You know that full well, Mr. trends and also an early warning when For the battery for your smartphone, President. The concentration of our we see that there might be issues aris- we have lithium, graphite, and man- foreign supply presents additional ing. We also need to have a qualified ganese. Manganese and graphite are challenges. Our minerals often come workforce. We need to make sure that 100-percent reliant on foreign sources. from a handful of countries that are we have those that can access this min- We are 50-percent reliant on lithium. less than stable or that might be will- eral resource, this mineral wealth. You have tantalum, and we are 100- ing to cut off the supply to us to serve The United States right now is down percent reliant on that. There is tin, their own purposes or to meet their to a handful of mining schools. A large lead, copper, silver. We are 70-percent own needs. They are going to take care share of their faculty will be eligible to reliant on tin. It goes to show that the of themselves first. If they do not have retire in the near future. We need some things that we take for granted, the much supply, they are going to help smart, young people who are interested things that we are all using all the themselves first. and want to go into these fields.

VerDate Sep 11 2014 03:02 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.081 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S334 CONGRESSIONAL RECORD — SENATE January 28, 2016 Provisions to tackle all of these chal- TRANS-PACIFIC PARTNERSHIP We will buy it. They don’t worry if we lenges are contained within the bill. AGREEMENT can’t sell products in their country. They have good support. The Director Mr. SESSIONS. Mr. President, I wish A trading agreement is a contract be- of the United States Geological Sur- to share some thoughts tonight, before tween two nations—we were all taught vey, the CEOs of the Alliance of Auto- we go out, about the trade issue this that in law school—and it should serve mobile Manufacturers, and the Na- Nation is facing, and it is a highly sig- the interests of both parties. When a tional Electrical Manufacturers Asso- nificant issue. The President is ex- contract ceases to advantage both par- ciation are among some. State wit- pected to sign the Trans-Pacific Part- ties, you abandon the contract. It nesses, former military officials, and nership on February 4. It is a historic shouldn’t be signed or it should end. many others have endorsed this ap- event. It cannot become law of the What else about this agreement? It proach. We have a good opportunity to United States of America. It is detri- creates an international commission— bring our mineral policies into the 21st mental to this economy. It is particu- a commission of the 11 or 12 countries, century, and the mineral subtitle in larly detrimental to people who go to including the United States. The lan- this bipartisan Energy bill offers us work every day and would like more guage, by definition of our own admin- that chance. jobs. They would like higher paying istration, is that the agreement is a jobs and better benefits. It is detri- living agreement. I want to note the other members of mental to that, and we are going to es- The Presiding Officer is a fine law- the energy committee who have been tablish that point. We have a Presi- yer. He has worked at the court of ap- very helpful in helping to advance this dential campaign going on today and peals. I know a living agreement makes legislation. Senator RISCH was very people need to talk about it. The Amer- the hair on the back of his neck stand helpful as was Senator CRAPO of Idaho ican people need to know where their up. It makes you nervous. A living and Senator HELLER. They were all co- candidates stand on it. agreement is no agreement at all. It sponsors of the original bill with me. Well, let me share a few thoughts to- can just be changed. They acknowledge There were many other cosponsors night and begin this discussion. The and repeatedly say in the fast-track from both sides of the aisle in recent President is expected to sign the agree- documents that nations can meet and Congresses, and we also thank the Pre- ment on February 4. He negotiated this change the agreement anytime they siding Officer for his support as well. agreement with 11 different countries want. They can update it for changed I also wish to acknowledge Secretary in the Pacific region. At some point he circumstances, which is what activist Moniz, the Secretary of Energy, and will implement legislation and then judges say when they redefine the meaning of the U.S. Constitution. They his team over there at DOE, and Direc- Congress will vote on whether to go like to say that they are updating it tor Kimball, who is the Director of the forward. The legislation is part of the fast-track process, so it will not be fili- for changed circumstances. U.S. Geological Survey. They helped us bustered. The bill will come up on a Well, Congress is supposed to do that, a lot when it came to drafting this bill, simple majority vote. No amendments it seems to me, but anyway this agree- and I thank them for that. will be allowed. It will simply be an up- ment is a living agreement. It contains I have consumed more time than I or-down vote. 5,554 pages. It is twice the length of the should, but I hope everyone can hear What is happening in the world trade Holy Scriptures. It includes section 27, the enthusiasm I have in ensuring that market today? On Monday, January 25 which sets up an international commis- as we modernize our energy policies, of this week, Ford announced that they sion with nearly unregulated power. In we do not take a step forward to help were leaving the Japanese and Indo- fact, our own U.S. Trade Representa- address what we need to do on the en- nesian markets. Indonesia and Japan tives—our own Web site—states that ergy front and fail to bring along the are good friends of ours. They are good the Commission is formed ‘‘to enable growing concerns that we have in need- countries, but they are tough trading the updating of the agreement as ap- ing to modernize and understand our partners. Why did Ford leave Japan? propriate to address trade issues that mineral resources and how we can en- They sell automobiles all over the emerge in the future as well as new sure that there is that level of true en- world. They sell them in Europe, Mex- issues that arise with the expansion of ergy security that helps us with our ico, and South America. Why are they the agreement to include new coun- economic security and certainly our not able to compete in Japan? tries.’’ Congress would be launching national security. What did Ford say? They said that such an event into the future. Well, nontariff barriers have prevented them what is our problem? With that, I see that my colleague from selling cars in the market. In Well, what is one of the major prob- from Alabama is here, so I yield the 2015, Ford sold less than 5,000 cars in lems that we have today? It is our sub- floor. Japan, representing six-tenths of 1 per- stantial trade deficit. One report, The PRESIDING OFFICER. The Sen- cent of the Japanese automobile mar- which I think is probably conservative, ator from Alabama. ket. In fact, only 6 percent of the auto- says that one-half of 1 percent of the Mr. SESSIONS. Mr. President, I mobiles sold in Japan are manufac- GDP has been lost in the United States thank the senior Senator from Alaska tured outside of Japan. It is not a ques- as a result of our trade deficit. That is for her leadership and comments on tion of tariffs. That is not the problem probably an acceptable economic esti- this bill, and I will have thoughts on in dealing with Japan and importing mate, and that is significant. When you that subject as we go forward. We have cars into Japan. The Japanese have have 2 percent GDP, you are losing 25 had some good things happen in en- erected substantial nontariff barriers. percent based on the trade deficit. We ergy, and we need to keep having that In fact, Hyundai, a very fine South Ko- have to have growth in this country, happen. Energy serves the American rean automobile company in my state, more GDP, more Americans working, people. A low cost of energy is a bless- attempted to sell in Japan for some more people with better jobs and better ing, a high cost of energy is a det- time, and they recently gave up. pay, and part of that is manufacturing. What is the policy of Japan? The The final figures for 2015 are expected riment to working families. truth is Japan talks about free trade, to show that the bilateral trade deficit I truly believe we need to make clear but like most of our Asian allies and with China is increased to 8 percent to to the American people that those of trading competitors, they are mer- a record of around $365 billion. China is us, like the Senator from Alaska who cantile. The essence of having a suc- not a part of these 12 nations, but it fought to increase production of en- cessful mercantile economy is to ex- has openly been said that they could be ergy, have done so not to provide a port more and import less. This is the made a part of it in the future if coun- profit to private companies but to have reality we are dealing with. The people tries vote them in. created a situation in which the price who are and have been negotiating our According to the Economic Policy In- of energy would decline. We have had a trade agreements don’t seem to under- stitute, growing U.S. trade deficits large surge in energy, and sure enough stand this or don’t care. In fact, they with China through 2013 eliminated 3.2 the prices have declined. I think that is basically say: Well, if someone sells a million jobs. Is that an accurate fig- a good thing. product cheaper here, we don’t care. ure? I don’t know for sure, but no one

VerDate Sep 11 2014 03:02 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.082 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S335 disputes that trade deficits with China President Obama signed the agree- Mr. SESSIONS. He really did. He was have cost more than 1 million jobs. ment in 2010. When he signed it, Presi- loyal to me, and I know he was loyal to When you lose 1 million jobs, people go dent Obama promised that the South you, and he shared the visions we have on welfare, need unemployment com- Korea trade deal would increase Amer- tried to execute. I think the size of the pensation or retire early. All of these ican exports to South Korea by $11 bil- crowd and the enthusiastic well wishes are damaging events to the American lion a year. All right. I want to be co- he got were a testament to the quality economy. operative. We like our allies in South of his contribution. The White House claims that this Korea, and I voted for the agreement. I thank the majority leader for Trans-Pacific Partnership Agreement— But what happened? Over 11 months of hosting that event. this trade agreement—is critical to last year the United States exported 1.2 f limit China’s economic influence. We billion more than we did when the deal TRIBUTE TO DR. JOHN CHOWNING are going to hear about that a lot. We was signed in 2010—not $10 or $11 bil- are going to hear the national security lion more, $1.2 billion. The year before Mr. MCCONNELL. Mr. President, I argument. However, a new study just that it was $0.8 billion. We haven’t seen wish to pay tribute to a good friend of released this month by the World Bank a surge of exports to South Korea. mine and a friend to the Common- shows that China will actually see an Didn’t the negotiators know that? wealth of Kentucky. Dr. John increase in export potential if the TPP They told us differently. Chowning, who served as the vice presi- is approved by Congress. It is not going What about South Korea’s imports to dent for church and external relations to constrict China. The World Bank the United States—their exports to the and executive assistant to the presi- says it is going to increase China’s United States; what about them? They dent at Campbellsville University, has ability to export. have risen not $1 billion but instead $20 recently retired from that post after The report by the World Bank stated billion. Since 2010 our trade deficit more than a quarter century with that that the overall impact on China would with South Korea has risen nearly 260 institution. I know he is going to be be ‘‘really negligible.’’ It is not a good percent, from $10 billion in 2010 to greatly missed by his colleagues, by argument to state that it is somehow about $28 billion last year. That is a the higher education community going to boost other economies in the stunning development. across the State, and by all of us who United States as it relates to China. So we are going to have to vote on work on and care about education China is not going to be hurt by this this. And we have been told and we issues. agreement. have beliefs that things are going to be Dr. Chowning first became involved The World Bank study further re- better than that. It is not happening in in fundraising for Campbellsville Uni- ports that Japan would see an extra that way. I urge us to study the facts versity in 1989. He became a member of economic growth of 2.7 percent by 2030 and figures to be realistic. Trade is a the university’s board of trustees in while the United States could expect good thing, and I have been a sup- 1992. He served on that board for 7 only nominal growth of perhaps four- porter. But it is not a religion with me. years, including service as board chair. tenths of 1 percent. It is a contract. It is a deal, and deals Then he became a full-time employee Robert Scott of the Economic Policy are to serve the interests of the Amer- in 1998. He taught at the school for sev- Institute states that the TPP could ican people. It has not been doing so. eral years as an adjunct in the political slow the reshoring of American jobs, Even the Peterson Institute, which science department and served as chair especially in the automobile sector. supports these trade agreements, said of the university’s diversity com- We have had a nice development in there would be 120,000 fewer manufac- mittee, strategic planning, and univer- recent years. My State has benefited so turing jobs over the next 9 years if this sity council. tremendously from foreign automobile agreement takes place in the United In his various roles throughout the investments. Instead of making auto- States. years, Dr. Chowning has taken the lead mobiles in Korea, Germany, and Japan, Mr. President, I see our leader. He or been a major influence on several they built plants around the country, has had a busy week. I appreciate the important issues. He established a dia- and some were built in my home State opportunity to share these remarks. logue on race to foster racial reconcili- I yield the floor. ation. He led Greater Campbellsville of Alabama, and make the automobiles The PRESIDING OFFICER. The ma- United, an organization that strives to there. jority leader is recognized. I don’t think there is any doubt that create opportunity for all residents of this agreement could reduce job re- f the Campbellsville-Taylor County reshoring because there is a small tariff FAREWELL TO MIKE BRUMAS gion. He helped found the Campbells- on imported automobiles and that Mr. MCCONNELL. Mr. President, be- ville-Taylor County Economic Develop- would be eliminated so that little ad- fore the Senator from Alabama leaves ment Authority and served as its chair- vantage in moving a plant to the the floor, we had an opportunity this man. United States would be lost. afternoon to say goodbye to a good Working with the Economic Develop- Get this. The Fact Checker at the man, Mike Brumas, who worked for ment Authority, he led the way to cre- Washington Post gave the President’s both of us here in the Senate. It was a ate a dislocated worker program in claim that the Trans-Pacific Partner- really good chance to thank an old Campbellsville when a factory in the ship would create 650,000 jobs four friend of both of ours; didn’t the Sen- region closed and caused jobs to leave Pinocchios. That is a pretty bad false- ator from Alabama think so? the area. And I am proud of the work hood. They ought to give it five Mr. SESSIONS. I think so. People he and I did together to help create the Pinocchios. wonder about whom we get to work for university’s Technology Training Cen- Let’s talk about reality. I have us up here and who is helping to run ter, a partnership with local govern- talked about trade agreements. Repub- this government. But Mike Brumas—14 ments and Campbellsville University licans favor trade agreements. I favor years at the Birmingham News. I don’t to provide training to the local work- trade agreements, but they have to be think there is any doubt he was the force. good agreements. You have to be care- most popular reporter in the State of The list of people who are congratu- ful. What about this Korea trade agree- Alabama for me and other people, and lating Dr. Chowning on a remarkable ment with our friends in South Korea. he was a great asset to me and to the career of service is long, and I am They are smart negotiators. Last year majority leader. proud to add my name to that list. I our trade deficit with South Korea Mr. MCCONNELL. Mr. President, I am pleased by the fact that Dr. from January to November—we don’t particularly enjoyed the observation of Chowning will remain on in a part-time have the numbers for December yet— the Senator from Alabama of taking capacity so Campbellsville University was $26 billion. Maybe the rest of the the chance of bringing somebody over and the Commonwealth can continue year will be about $28 to $29 billion. from the dark side and had some to reap the benefit of his knowledge, That would be about 15 percent higher doubts about whether he could make wisdom, and experience. I want to wish than last year’s trade deficit with the transition, but he obviously did it him and his family the very best as he South Korea. very well. begins this new chapter.

VerDate Sep 11 2014 03:40 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.084 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S336 CONGRESSIONAL RECORD — SENATE January 28, 2016 A local publication, the Greensburg tunity for all residents of Campbellsville- There being no objection, the mate- Record-Herald, recently published an Taylor County and the heartland region of rial was ordered to be printed in the article extoling Dr. Chowning’s life of Kentucky. RECORD, as follows: Chowning was one of the founding mem- accomplishment. I ask unanimous con- bers of Team Taylor County (Campbellsville- U.S. SENATE, sent that the article be printed in the Taylor County Economic Development Au- SELECT COMMITTEE ON ETHICS, RECORD. thority) and served for several years as chair Washington, DC, January 28, 2016. There being no objection, the mate- and continues as a member of the board. ANNUAL REPORT OF THE SELECT COMMITTEE ON rial was ordered to be printed in the He received the Governor’s Development ETHICS 114TH CONGRESS, SECOND SESSION RECORD, as follows: Leadership Award in 1999 and was named Cit- The Honest Leadership and Open Govern- [From the Greensburg Record-Herald, Dec. izen of the Year for Campbellsville-Taylor ment Act of 2007 (the ‘‘Act’’) calls for the Se- 23, 2015] County two separate years by the Campbells- lect Committee on Ethics of the United ville-Taylor County Chamber of Commerce. States Senate to issue an annual report not CU’S JOHN CHOWNING ANNOUNCES RETIREMENT Chowning was founding member of the later than January 31st of each year pro- AS OF JAN. 1 Center for Rural Development and former viding information in certain categories de- (By Joan McKinney) chair; founding member of the Southern scribing its activities for the preceding year. Dr. John Chowning, vice president for Kentucky Economic Development Corpora- Reported below is the information describing church and external relations and executive tion and former chair; and founding member the Committee’s activities in 2015 in the cat- assistant to the president at Campbellsville and former board member and secretary of egories set forth in the Act: University and a former chair and board Forward in the Fifth education reform (1) The number of alleged violations of member of the Campbellsville University group. Senate rules received from any source, in- Board of Trustees, has announced his retire- With his work with the Economic Develop- cluding the number raised by a Senator or ment effective Jan. 1, 2016. ment Authority in Campbellsville, he was in- staff of the Committee: 55. (In addition, 2 al- Dr. Michael V. Carter, president of Camp- strumental in organizing a dislocated worker leged violations from the previous year were bellsville University, with whom Chowning program at Campbellsville when Fruit of the carried into 2015.) worked for 17 years, said, ‘‘John Chowning is Loom closed in Campbellsville in 1997–98. (2) The number of alleged violations that one of the most gifted individuals I have ever With the support of CU presidents Dr. Ken were dismissed— met. He is a great thinker, and he is wise in Winters and Carter, Chowning proposed the (A) For lack of subject matter jurisdiction his approach to topics across a broad spec- university’s Technology Training Center and or in which, even if the allegations in the trum. coordinated efforts to secure funding for the complaint are true, no violation of Senate ‘‘John is a very good writer, an accom- project by working with U.S. Sen. Mitch rules would exist: 36. plished speaker, teacher and preacher. He is McConnell. (B) Because they failed to provide suffi- detailed and is a well-read public policy ana- Chowning has left his mark on Campbells- cient facts as to any material violation of lyst on a broad array of topics. ville University with the naming of the the Senate rules beyond mere allegation or ‘‘We will miss him on a day-to-day basis, Pence-Chowning Art Gallery, the Chowning assertion: 13. but we are so fortunate he is serving in a new Art Shop, the Chowning Executive Dining (3) The number of alleged violations for part-time role for the university.’’ Room and the Chowning Patio. which the Committee staff conducted a pre- Chowning is retiring after 26 years of serv- He and his wife, Cathy Pence Chowning, liminary inquiry: 7. (This figure includes 2 ice to Campbellsville University. However, have established an endowed scholarship matters from the previous calendar year car- he will continue to work part time as execu- fund at Campbellsville University that pro- ried into 2015.) tive assistant to the president for govern- vides annual scholarship awards to quali- (4) The number of alleged violations for ment, community and constituent relations fying minority students. which the Committee staff conducted a pre- beginning in January 2016. In his role as a pastor, Chowning is an ac- liminary inquiry that resulted in an adju- Chowning became involved in fundraising tive member and former secretary of Taylor dicatory review: 0. with Campbellsville University in 1989 and County Ministerial Association and is a (5) The number of alleged violations for became a member of the university’s Board member of the executive boards of Taylor which the Committee staff conducted a pre- of Trustees in 1992. County Baptist Association and Zion Dis- liminary inquiry and the Committee dis- He continued on the board for the next trict Association of Baptists. missed the matter for lack of substantial seven years, serving as chair in 1996 and 1997. He has led his church, Saloma Baptist merit or because it was inadvertent, tech- He became a full-time employee in February Church of which he has served as senior pas- nical or otherwise of a de minimis nature: 5. 1998. tor since 1994, to become a member of the (6) The number of alleged violations for Dr. Joseph L. Owens, who is serving his General Association of Baptists in Kentucky, which the Committee staff conducted a pre- fifth term as chair of the Campbellsville Uni- the state’s historic black Baptist state con- liminary inquiry and the Committee issued versity Board of Trustees, said, ‘‘Dr. John vention—one of two historically Anglo Bap- private or public letters of admonition: 0. Chowning is a shining example of selfless tist churches to join the GABKY. He has (7) The number of matters resulting in a service that has made a difference in many been active in the life of the GABKY for the disciplinary sanction: 0. lives at Campbellsville University. He is past several years. (8) Any other information deemed by the highly motivated, personable and a spirit- Chowning has a master’s of public adminis- Committee to be appropriate to describe its filled man of God. tration (planning emphasis) from Eastern activities in the previous year: ‘‘His love for the Lord is exemplified in his Kentucky University; a bachelor of arts in In 2015, the Committee staff conducted Christ-like character, as well as his concern political science from Transylvania Univer- seven new Member and staff ethics training for excelling in diversity, diplomacy and the sity, and an associate of arts from Lindsey sessions; 20 Member and committee office development of bridge-building relation- Wilson College. campaign briefings (includes one remedial ships.’’ ‘‘From serving as trustee chair and vice training session); 20 employee code of con- Serving as executive vice president for chair and two terms as a board member to duct training sessions; 13 public financial church and external relations and executive the past 18 years in my current role, my as- disclosure clinics, seminars, and webinars; 27 assistant to the president has been ‘‘a very sociation with Campbellsville University has ethics seminars and customized briefings for humbling and rewarding career path in been one of the most rewarding and mean- Member DC offices, state offices, and Senate which God’s divine guidance has been evi- ingful affiliations of my career,’’ Chowning committees; two private sector ethics brief- dent in the progress CU has seen,’’ Chowning said. ings; and five international briefings. In 2015, the Committee staff handled ap- said. f He taught as an adjunct for several years proximately 10,265 telephone inquiries and in Campbellsville University’s political SELECT COMMITTEE ON ETHICS 2,784 inquiries by email for ethics advice and science department. He has served as chair of ANNUAL REPORT FOR 2015 guidance. In 2015, the Committee wrote approxi- the university’s diversity committee, stra- Mr. ISAKSON. Mr. President, I ask tegic planning and University Council. mately 930 ethics advisory letters and re- Chowning founded and has directed the unanimous consent, for myself as sponses including, but not limited to, 793 Kentucky Heartland Institute on Public Pol- chairman of the Select Committee on travel and gifts matters (Senate Rule 35) and icy at Campbellsville University which has Ethics and for Senator BOXER as vice 83 conflict of interest matters (Senate Rule hosted a wide array of speakers and forums chairman of the committee, that the 37). In 2015, the Committee received 3,179 public on a host of public policy issues. Annual Report of the Select Com- financial disclosure and periodic disclosure Chowning has been involved in many en- mittee on Ethics for calendar year 2015 deavors at Campbellsville University includ- of financial transactions reports. be printed in the RECORD. The Com- ing race reconciliation, and establishing Dia- f mittee issues this report today, Janu- logue on Race, a project dear to his heart. He VOTE EXPLANATION has served as a leader of Greater Campbells- ary 28, 2016, as required by the Honest ville United, the focus of which is to help Leadership and Open Government Act Mr. NELSON. Mr. President, I was create an environment of equality and oppor- of 2007. necessarily absent for yesterday’s vote

VerDate Sep 11 2014 06:03 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.048 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S337 to confirm the nomination of John Mi- this Chamber. In that painting, six of nity not just safer but better. I know chael Vazquez of New Jersey to be U.S. the crewmembers are depicted holding this not from personal experience—I district judge for the District of New their helmets in their arms, but one was not one of those fortunate enough Jersey. I would have voted yea. crewmember, Christa McAuliffe, is to have met Officer Barney—but from Mr. President, I was necessarily ab- holding in her arms not her helmet but the community’s response to his un- sent for today’s votes on Senator MAR- a globe. timely death. KEY’s amendment, No. 2982, and Sen- For Granite Staters and for teachers When the tragic news spread across ator CRAPO’s amendment, No. 3021, to and educators all across America and Utah and the Nation, those who knew the Energy Policy Modernization Act, the world, there is a very special place him or knew of him—and it was hard to S. 2012. I would have voted yea on both in our hearts for Christa McAuliffe, a live in Salt Lake County without of these amendments. social studies teacher at Concord High knowing Officer Barney—sprung into action to support his family and to f School who was selected from more than 11,000 applicants to become the commemorate his life of service. HOLD ON S. 2415 first NASA teacher in space. The most important step was taken Mr. GRASSLEY. Mr. President, I During a year of extensive training first: to surround Officer Barney’s wife want to inform my colleagues that I at NASA before the mission, Christa and three teenage children with love, have placed a hold on S. 2415, the EB– created science lessons that she comfort, and assistance. The out- 5 Integrity Act of 2015. I have been planned to teach from space while on pouring of support came not just from working for years to reform the EB–5 board Challenger, broadcasting her les- friends, family, and neighbors, but immigrant investor program, which is sons and observations to students all from strangers, too. Nanette Wride and run by the U.S. Citizenship and Immi- across Earth. Shante Johnson didn’t know Officer gration Services, and have introduced As a former teacher, I witnessed the Barney, but they were among the first legislation with Senator LEAHY to impact that Christa’s participation had to join his wife, Erika, on her long overhaul the program. on students and teachers. The Chal- journey of healing. Indeed, Wride and Our bill, S. 1501, is a comprehensive lenger was integrated into the class- Johnson came as fellow travelers on approach to dealing with the fraud, room curriculum, allowing students to that journey—they, too, had suffered abuse, and national security vulnera- discover a passion for science. We con- the loss of a husband serving on the bilities. Our bill also restores the pro- tinue to see the contributions of the front lines of law enforcement—know- gram back to its original intent to en- Challenger’s crew in the students who ing all too well the unique challenges sure that rural and high unemploy- pursue careers in the sciences and in facing the Barney family during this ment areas have access to this source the success of recent NASA missions. trying time. I am especially pleased to witness Then there was the candlelight vigil of capital. Christa McAuliffe’s continuing impact honoring Officer Barney, hosted by the S. 2415 is a bill that is modeled al- in advancing education in the STEM Salt Lake Valley Law Enforcement As- most identically after S. 1501; yet it is fields—science, technology, engineer- sociation and the city of Holladay, UT. weaker and leaves behind many provi- ing, and math—and encouraging young Despite bitterly cold temperatures, sions that would in fact bring integrity people—especially young women—to hundreds of friends and neighbors back into the program. Late last year, pursue careers in STEM fields. huddled to pay their respects to the I objected to bringing S. 2415 up by A few months after the accident, the man who had meant so much to so unanimous consent and have placed a families of the Challenger’s crew cre- many. hold on the bill because I hoped we ated the first Challenger Center for That same night, another ceremony could consider more effective measures Space Science Education, a nonprofit took place at the Utah State capitol, to root out fraud and abuse and create that engages students and teachers in as firefighters, first responders, and po- real jobs and do it in a comprehensive hands-on education in science, tech- lice officers gathered to receive the manner that ensures the program is nology, engineering, and mathematics. U.S. honor flag at the end of its thou- able to work for every part of the coun- Since then, 40 Challenger learning cen- sand-mile journey from Fort Worth, try for years to come. ters have opened their doors in the U.S. TX. The flag has flown over battlefields As I stated previously on this floor, and other countries, and they are ex- in Iraq and Afghanistan, as well as the failure to include needed reforms panding opportunities for innovative Ground Zero in New York City, and last year means the program continues programs and activities in STEM . now, it is escorted by State troopers to to pose risks to the homeland. I am not We all appreciate that this is a very communities across America that are so sure reforms are possible anymore. difficult day for the many outstanding mourning the loss and honoring the It may be time to do away with it com- professionals at NASA. On that day, sacrifice of those who have been killed pletely. they lost seven wonderful colleagues. in the line of duty. It stayed with Offi- Nevertheless, if we pass legislation to Our heart goes out to the NASA family cer Barney’s body until his funeral, extend the EB–5 program beyond this and the families of all seven crew- which brought together thousands fiscal year, I hope to work with my col- members on this day of remembrance. from across the country. leagues to achieve true reform. As an astronaut, Christa McAuliffe This was not the first time Doug Bar- f was on a mission to outer space. But, ney galvanized his community. In 2010, as a teacher, she was also on a personal the students, teachers, and administra- HONORING CHRISTA MCAULIFFE AND THE ENTIRE ‘‘CHAL- mission to educate and enlighten. She tors of Eisenhower Junior High School LENGER’’ CREW opened the eyes of young people around rallied behind Officer Barney who was the world to the wonders of our planet in the middle of what would become a Mrs. SHAHEEN. Mr. President, I and universe. Today, we remember and 12-year battle with cancer. To the stu- wish to salute the memory of the seven honor her bravery, her passion for dents, Officer Barney, the school’s re- brave crewmembers of Space Shuttle teaching, and her tremendous legacy. source officer, was ‘‘one of the good Challenger, who perished on a mission f guys,’’ so they organized a dodge-ball of exploration and discovery 30 years tournament—they called it the Battle ago today, on January 28, 1986. I honor HONORING OFFICER DOUG BARNEY for Barney—that raised over $1,000 to the memory of all seven Challenger Mr. LEE. Mr. President, on Sunday, help him pay for his medical treat- crewmembers: Gregory Jarvis, Judith January 17, 2016, this country lost an ment. Resnik, Francis Scobee, Ronald American hero—Officer Doug Barney of All of this stands as a testament to McNair, Michael Smith, Ellison the Unified Police Department in Salt the profound impact Officer Barney Onizuka, and Christa McAuliffe. Lake County, Utah, was shot and had on the people and the community Indeed, Congress permanently honors killed in the line of duty. He died hon- he dedicated his life to serve. Standing the Challenger crew with a painted lu- orably, doing what he loved to do: serv- 6 feet, 5 inches tall, he had the physical nette medallion of the crew promi- ing and protecting his community. attributes to be a good police officer, nently placed in the Brumidi Corridor Every day of his 18 years on the but as someone who genuinely re- of the Capitol Building, one floor below force, Officer Barney made his commu- spected and cared about everyone he

VerDate Sep 11 2014 06:03 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.009 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S338 CONGRESSIONAL RECORD — SENATE January 28, 2016 met, he had the character to be a good the unit full-time readiness non- TRIBUTE TO JUDGE JOHN J. person. And that is how Officer Barney commissioned officer. DRISCOLL will forever be remembered. In 2011, Master Sergeant Kelley was ∑ Mr. CASEY. Mr. President, today I His death serves as a stark reminder transferred to the 1092nd Engineer Bat- wish to recognize the distinguished ca- of the dangers our law enforcement talion, Headquarters and Support Com- reer of the Honorable John J. Driscoll personnel face every single day. Living pany as the assistant operations ser- who retired on December 31, 2015, as a with the hazards of the job takes a tre- geant and was promoted in September senior judge from the Westmoreland mendous amount of courage. And Offi- 2012 as the battalion operations ser- County Court of Common Pleas. cer Barney was as brave as they come. geant. His distinctive career as an elected Whenever he had to take time off from His awards and decorations include a public official spans more than three work for his cancer treatments, he was Meritorious Service Medal, second decades and is marked by excellence, always eager to return. In fact, he had award; Army Commendation Medal, dedication, hard work, and a genuine not been scheduled to work on January third award; Army Reserve Component love for serving others. Improving the 17—that fateful Sunday when he gave Achievement Medal, third award; Army lives of others has been of paramount the ultimate sacrifice. But with med- Achievement Medal, third award; Na- importance throughout his career. ical bills to pay and a family to feed, tional Defense Service Medal, second In 1984, Judge Driscoll served as the he volunteered to work overtime— award; Global War on Terrorism Expe- Westmoreland County district attor- which is exactly what you would ex- ditionary Medal; Global War on Ter- ney. As a district attorney, Judge Dris- pect from a man like Officer Barney, rorism Service Medal; Iraq Campaign coll was one of the first in Pennsyl- who chose to enter the police force 18 Medal with Campaign Star; Armed vania to have a victim witness coordi- years ago for just one reason, to help Forces Reserve Medal with Mobiliza- nator, whose duties included informing people. tion Device; Army Service Ribbon; victims of the case status, assisting eli- Doug Barney was taken from this life Non-Commissioned Officer Ribbon, gible victims with obtaining funds tragically early, but he did more good third award; Overseas Service Ribbon; under the Pennsylvania Victim Com- in his 44 years on this Earth than most Combat Action Badge; Joint Meri- pensation Assistance Fund, and helping of us can hope to accomplish in a life- torious Unit Award; Army Good Con- victims to receive restitution from de- time. May he rest in peace, and may duct Medal, second award; Army Meri- fendants found guilty. God bless his family and the commu- torious Unit Commendation; United A decade later, he was appointed to nity he served. It will never be the States Navy Presidential Unit Com- an open seat on the Westmoreland same without him. mendation; Navy Presidential Unit Ci- County Court of Common Pleas and f tation; Navy Achievement Medal, third was elected in 1995 to continue his service. After a brief stint in criminal ADDITIONAL STATEMENTS award; United States Navy Overseas Service Ribbon; Navy Good Conduct court, Judge Driscoll returned to fam- Award, second award; West Virginia ily court because he believed it was the TRIBUTE TO MASTER SERGEANT Emergency Service Medal, third award; best way to help children, not only in RAYMOND E. KELLEY WV State Service Ribbon, third award; custody cases, but also in other cases West Virginia Achievement Ribbon; affecting juveniles. His work with juve- ∑ Mrs. CAPITO. Mr. President, I wish nile offenders and exchanges with their to recognize the exceptionally meri- and West Virginia National Guard Min- uteman Ribbon, third award. parents played an important role in torious career of one of this Nation’s making lasting changes in their lives Master Sergeant Kelley made signifi- finest, MSG Raymond E. Kelley, on his and reducing crime in the community. cant contributions to all of the units to retirement after 26 years of sacrifice Furthermore, Judge Driscoll has been a which he has been assigned throughout and selfless service to the United strong advocate for offender rehabilita- his 26 years of service. As the platoon States of America and the State of tion as an effective way to reduce re- sergeant for the 193rd Equipment Sup- West Virginia. cidivism. Master Sergeant Kelley’s career port Platoon, his unit consistently His commitment to the community began on February 12, 1983, and ended maintained strength in excess of 100 has also been a constant throughout upon his retirement on December 28, percent and had the highest morale of his career, including his work as a 2015. He first enlisted in Parkersburg, any unit in the 1092nd Engineer Bat- trustee on the Board of Excela Health, WV, as a heavy equipment operator talion. As the battalion operations ser- a Paul Harris Fellow from the Greens- with Company C, 463rd Engineer Bat- geant, Master Sergeant Kelley man- burg Rotary Club, and as a past chair talion in the U.S. Army Reserve. In aged all training events and training of the Pennsylvania Supreme Court’s 1985, Master Sergeant Kelley trans- requirements, ensuring subordinate criminal procedural rules committee. ferred to the Navy, serving as a Seabee, units were prepared for all potential Judge Driscoll has received many re- completing deployments to Somalia missions. wards for his service including the Fred and Bahrain through October 1993. Master Sergeant Kelley resides with Funari Mental Health Association After a break in service, Master Ser- his wife, Rhonda, in Parkersburg, WV. Award of Distinction from the Mental geant Kelley returned to the Navy Re- They have three children: Seth, Hanna, Health Association of Westmoreland serves in 1996 and later joined the West and Chance. Master Sergeant Kelley is County. Virginia Army National Guard in Feb- a fellow runner, as well as an avid out- Judge Driscoll has also had a most ruary 2000 as a staff sergeant and was doorsman. I wish him a fond farewell distinguished career in the Navy and assigned as a combat engineer section and the best of luck in the next phase received several awards for service to leader. In 2003, Master Sergeant Kelley of his life. He has shown leadership and his country. They include the Naval deployed to Iraq with the Headquarters wisdom throughout his numerous as- Achievement Medal, the Republic of and Support Company 1092nd Engineer signments. He has made a difference in Vietnam Campaign Medal, the Presi- Battalion as a construction foreman. the readiness of the West Virginia Na- dential Unit Citation, and the National Following the deployment, Master tional Guard, in the morale of his Defense Service Medal for exception- Sergeant Kelley was promoted and units, and most importantly, in the ally meritorious service as part of U.S. served as a platoon sergeant for the lives of thousands of servicemembers. naval support activity in Danang, Re- 119th Engineer Support Company, He has been an asset and a treasure; his public of Vietnam. Clarksburg, WV, and the 1st Detach- presence will be missed by many and Although he officially retired on De- ment of the 1092nd, Headquarters and by the West Virginia National Guard as cember 31, 2012, Judge Driscoll contin- Support Company, Point Pleasant, WV. a whole. ued to serve the court during the past In 2006, Master Sergeant Kelley was Master Sergeant Kelley, I am hon- 3 years. Despite being paid for only 10 assigned to the 193rd Equipment Sup- ored to call you a fellow West Vir- days of service each month, I under- port Platoon in Moundsville, WV, ginian; but most of all, thankful for stand he generally arrived to work where he served as the senior non- your endless dedication that has meant early and often left well after closing commissioned officer for the unit and so much, to so many.∑ time. I know his colleagues in the

VerDate Sep 11 2014 06:03 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.032 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S339 Westmoreland County courthouse will Association, Building Officials Associa- remembered as one of Tupelo’s best’’ miss him. tion of Louisiana, Louisiana Airport from the Daily Journal newspaper be Last, but not least, the gentle guid- Managers and Associates, and Lou- printed in the RECORD. ing force behind John is his beloved isiana Fire Chiefs Association. The material follows: wife, Anne, and they cherish their five For decades, the LMA has had tre- [From the Daily Journal, Jan. 28, 2016] mendous success engaging with its children and five grandchildren. TUPELO SPIRT LOSES A STAR: REED It is with great pride that I recognize State and Federal partners. In the Lou- REMEMBERED AS ONE OF TUPELO’S BEST isiana Legislature, the LMA has been a Judge John Driscoll for his distin- TUPELO.—Jack Raymond Reed, 91, Tupelo’s guished career in public service. I ask strong voice in the efforts to fight pre-eminent civic leader, died Wednesday at my colleagues to join me in wishing blight, promote law enforcement, and his residence. him the best of luck and a happy and enhance economic growth. On the Fed- Reed was among the last of a Greatest healthy retirement.∑ eral level, the LMA joined forces with Generation cadre of Tupelo’s business and professional leadership who, after World War f the National League of Cities and other coastal State municipal leagues to lead II, transformed a pleasant county-seat town RECOGNIZING THE LOUISIANA the charge in petitioning Congress to into a thriving city which became a regional MUNICIPAL ASSOCIATION enact the Homeowners Flood Insurance magnet for economic growth, employment, ∑ Mr. CASSIDY. Mr. President, today I strong public education and a vigorous arts Affordability Act of 2014, which en- and cultural community. am honored to have the opportunity to acted critical reforms to the Biggert Reed earned a national reputation as an el- acknowledge and express gratitude to Waters Act of 2012. I was proud to work oquent advocate for racial fairness and rec- the Louisiana Municipal Association, with the LMA on the inclusion of the onciliation in Mississippi. He had served as a LMA, in recognition of their 90th anni- Grimm-Cassidy amendment to this leg- member of the United Methodist Church’s versary. islation, thereby facilitating affordable Commission on Religion and Race, through Founded in 1926, the Louisiana Con- homeowner flood insurance in Lou- which he became friends with key leaders in ference of Mayors was created with the isiana and across the country. the national Civil Rights Movement. purpose of providing a forum for mu- For 90 years, the LMA has worked to ‘‘Of all the people I have known in our strengthen Louisiana through support state of Mississippi, none has been more in- tual consultation and discussion of var- spiring than Jack Reed. He was a leader in ious topics affecting municipal govern- and empowerment of municipal govern- every way his whole lifetime,’’ said former ment. The organization also aided the ment. The organization has launched a Mississippi Gov. William Winter. ‘‘He was growth and development of each mu- yearlong celebration of this anniver- right and generous and fair in his personal, nicipality through education about sary by naming 2016 the ‘‘Year of Edu- private and public views. He was an inspira- best practices problem solving. Shortly cation.’’ Opening festivities for this tion to me in both political and personal re- after the Louisiana Conference of May- theme will commence in February lationships. Jack commanded respect. He did ors was created, the Great Depression under the auspices of the 2016 LMA ex- nothing that was detrimental to our state or the principles for which he stood. He was a swept the Nation. In 1937, a handful of ecutive board officers—President Mayor Carroll Breaux of Springhill, Christian man, an active member of his be- resilient mayors met to revive the or- loved Methodist church. He has made a mark ganization, giving it new life as the First Vice President Mayor Barney in Mississippi that will live forever.’’ Louisiana Municipal Association. They Arceneaux of Gonzales, Second Vice Reed was chairman of R.W. Reed Co., the may not have foreseen that their te- President Mayor Lawrence Henagan of retail store founded by his father in the nacity in overcoming adversity during DeQuincy, Immediate Past President early 20th century, and he led Reed Manufac- the Great Depression and taking Mayor David Camardelle of Grand Isle, turing, which was a major force among Mis- proactive steps to keep Louisiana mu- and District A Vice President Mayor sissippi garment industry employers in its Jimmy Williams of Sibley. The execu- heyday. nicipalities united and strong would Funeral services will be 11 a.m. Saturday form the basis for the core values to tive director of LMA is Ronnie Harris, former 28-year mayor of Gretna. at First United Methodist Church. Visitation which the LMA still adheres today. will be from 4 to 7 p.m. Friday at the church. From its inception, the LMA has fo- What started out as a collection of 29 Reed, born May 19, 1924, in Tupelo, was the cused on helping local elected leaders forward-thinking mayors seeking to son of Robert W. Reed Sr. and Hoyt Ray- create and maintain efficient and effec- empower their communities has mond Reed, herself a descendant of an early, tive municipal governments. In 1987, evolved into a praiseworthy organiza- influential Lee County family. the nonprofit, nonpartisan LMA cre- tion that has earned the esteem and Reed and his brothers, R.W. Reed Jr. and William Reed, were high-profile leaders in ated Risk Management, Inc., RMI, to trust of local, State, and Federal elected officials, as well as fellow municipal the region’s business and manufacturing address the insurance and liability de- community for more than 50 years. mands of member municipalities leagues. I would like to congratulate the LMA Reed graduated from Tupelo High School through its inter-local risk pool. In on its 90th anniversary and wish them with honors, attended Vanderbilt University 1999, the Louisiana Municipal Advisory and graduated with a bachelor’s degree with many more years of strength and excel- and Technical Services Bureau, Inc., honors in 1947, following an interruption of lence.∑ LaMATS, was created with the purpose his college days for service in the South Pa- of providing essential services to assist f cific during World War II in the Signal Intel- ligence Service, U.S. Army of Occupation. municipalities in their day-to-day op- REMEMBERING JACK REED, SR. Following the war, Reed earned a master’s erations. ∑ Mr. COCHRAN. Mr. President, the degree in retailing from New York Univer- In addition to these wholly owned State of Mississippi and the city of sity and returned to Tupelo, where he joined subsidiaries, the LMA has three polit- Tupelo lost a leader and model citizen the businesses founded by his father and his ical subdivisions—Louisiana Municipal with the passing of Jack Reed, Sr., on father’s brothers. Gas Authority, Unemployment Com- January 27. He led a remarkable life ‘‘Since the 1950s, Jack was considered to be pensation Fund, and Louisiana Com- and earned an enviable reputation as a in the upper leadership tier of the Tupelo area and from that platform, he really munity Development Authority; four businessman, community leader, civil advisory organizations—Louisiana As- helped thousands of people by supporting nu- rights advocate, and education re- merous programs and initiatives,’’ said sociation of Chiefs of Police, Louisiana former. His tireless work in these roles Lewis Whitfield, senior vice president of the Rural Water Association, Louisiana was felt throughout Mississippi and set CREATE Foundation. ‘‘He cared deeply Conference of Mayors, and Louisiana an example for embracing our better about all people everywhere, and he was of Municipal Black Caucus Association; nature in facing all challenges. course a tremendous advocate for education. and nine affiliate organizations—Mu- It has been a great privilege to have He saw education as not only the key to nicipal Employees Retirement System, known Jack Reed. He was the epitome community and economic development, but Louisiana City Attorneys Association, of a goodhearted man and my friend. I as a way for people to improve themselves. Louisiana Association of Municipal Jack was a great man and he left his mark join a grateful State in expressing our on virtually every good thing in this commu- Secretaries and Assistants, Louisiana appreciation for a life well lived that nity.’’ Recreation and Parks Association, benefited us all. Reed was a director emeritus of the Daily Louisiana Association of Tax Adminis- I ask that a January 28, 2016, article Journal’s corporate board of directors, a po- trators, Louisiana Municipal Clerks titled ‘‘Tupelo Spirit loses a star: Reed sition in which he served for a half century.

VerDate Sep 11 2014 03:40 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.029 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S340 CONGRESSIONAL RECORD — SENATE January 28, 2016 Reed had been a close friend, confidant and in this area, if you had anything at all, serv- Also present were William B. St. John of community builder with the late George ants were plentiful in those days. So, we al- the National Bulk Carriers, Inc., owner of McLean, the Daily Journal’s executive edi- ways had a cook, and it was in the Depres- the PENDELTON, and C.A. Thomas, W.G. tor, publisher and the founder of CREATE, sion. We were aware of the Depression, but Johnson and P.J. Clausen of the Trinidad the not-for-profit foundation which owns all my father, fortunately, sold his business at Corp., owner of the FORT MERCER. stock in Journal Inc. the . . . appropriate time, and just before the Admiral O’Neill described the Cape Cod ‘‘Jack Reed lived a remarkable life, a life Depression hit its bottom. And he bought it rescue operations as unique in Coast Guard marked by love for his family, love for his back within a year for considerably less than history. With each tanker broken in two community and really a love for all man- he sold it for, and it gave him enough inven- forty miles apart, four hulks with survivors kind,’’ said former Daily Journal publisher tory to keep things going. So, we weathered aboard were left adrift in the mountainous Billy Crews, now a development officer at the Depression better than most.’’ seas. the University of Mississippi. ‘‘He is among Reed also was an adolescent when the 1936 He said all types of rescue equipment were the best businessmen I have ever known, in tornado—a deadly, devastating storm— used including large Coast Guard cutters, an part because his trade was only a portion of struck, and he recalls its impact on the city. airplane, an ocean-going tug, motor life- his total business interest. His combination ‘‘Our home was literally destroyed by the boats, radar, rubber liferafts, scramble nets, of intellect, humor and optimism influenced tornado,’’ Reed said. ‘‘People were killed lifelines and exposure suits. ″ thousands of others and the very culture of across the street, and next door and behind But most of all,’’ said Admiral O’Neill, Tupelo and Northeast Mississippi. He was a us, but we survived that. Interestingly, dur- ‘‘the situation called for raw courage and pioneering leader in education and race rela- ing that time of the tornado, the store was skill of the highest order—backed by Coast tions.’’ not damaged. So, [my father] opened the Guard teamwork.’’ Five of the men received the Treasury’s Reed was no stranger to community in- store, told his friends to take what they Gold Life-saving Medal for ‘‘extreme and he- volvement. He was active in his whole career needed, pay him when they could. I don’t roic daring.’’ Four others received the Treas- in the Mississippi Economic Council, of think he lost any money on the basis of ury’s Silver Life-saving Medal for ‘‘heroic which he served as president in 1964; presi- that.’’ action.’’ Fifteen were cited for ‘‘courage, ini- dent of the Mississippi Retail Merchants in But above all his civic, business and other tiative and unswerving devotion to duty’’ 1967; chair of the Tupelo Community Devel- contributions to Tupelo, Northeast Mis- and authorized to wear the Coast Guard opment Foundation in 1968; president of the sissippi and the state, Reed said he always Commendation ribbon. Those decorated Yocona Council of the Boy Scouts of Amer- placed family as a top priority. were: ica; national president of the Vanderbilt ‘‘The conclusion is family has been the Alumni Association in 1972 and 1973; chair of most important thing in my life; remains so; Gold Life-Saving Medal: the administrative board of the First United has always been,’’ Reed said. ‘‘I’m a privi- Andrew J. Fitzgerald, Engineman 2nd Methodist Church; chair of the Governor’s leged person. All four of my children, went class; Ervin E. Maske, Seaman; Bernard C. Special Committee of Public Education in away, out of this state to college. All four of Webber, Boatswain’s Mate 1st class; Richard 1980 and 1981; chair of the State Board of them are living here, now. I see my four chil- P. Livesey, Seaman; Ensign William R. Education; a member of the board of trustees dren and my grandchildren every day unless Kiely, Jr. of Millsaps College; a founding member of something exceptional [happens]. We work Silver Life-Saving Medal: the executive committee of Lee United together. My brothers and I were business Paul R. Black, Engineman 2nd class; En- Neighbors; chair of the board of CREATE; partners for 50 years. sign Gilbert E. Carmichael; Edward A. founding director of LIFT Inc. and chair of ‘‘I’ve been in one church all of my life. All Mason, Jr., Apprentice Seaman; Webster G. the National Advisory Council on Education of my children went to Tupelo public Terwilliger, Seaman Research and Improvement from 1991 schools. I know some people would think Coast Guard Commendation Ribbon: that that’s pretty provincial, but there’s a through 1994. In addition, he received Antonio F. Ballerini, Boatswain’s Mate 3rd stability to it that I have found has been Tupelo’s Outstanding Citizen Award in 1971 class provisional; Donald H. Bangs, Boat- very satisfying to me. So, that’s the conclu- and Lifetime Achievement Award in 2000. swain’s Mate Chief; Richard J. Ciccone, Sea- sion to my memoir.’’∑ ‘‘He was a very compassionate man, always man; John J. Courtney, Boatswain’s Mate willing to help those in troubling situations f 3rd class; John F. Dunn, Engineman 1st and people in every kind of life situation,’’ TRIBUTE TO GIL CARMICHAEL class; Philip M. Griebel, Radioman 1st class; said Guy Mitchell III, an attorney and con- Emory H. Haynes, Engineman 1st class; Ro- fidant of Reed’s. ‘‘He was a giant as far as ∑ Mr. COCHRAN. Mr. President, this land W. Hoffert, Gunner’s Mate 3rd class; Eu- our city is concerned.’’ weekend, Disney Pictures will release gene W. Korpusik, Seaman Apprentice; He was married to Frances Purvis Reed, ‘‘The Finest Hours,’’ a cinematic re- Ralph L. Ormsby, Boatswain’s Mate Chief; and they were the parents of four children, telling of a 1952 Coast Guard rescue Dennis J. Perry, Seaman; Donald E. Pitts, all of whom returned to Tupelo after college, Seaman; Alfred J. Roy, Boatswain’s Mate 1st three of them working for R.W. Reed Co. The mission off the New England coast. I am pleased to use its release as an op- class; Herman M. Rubinsky, Seaman Appren- fourth owns an investment firm in Tupelo. tice; LCDR John N. Joseph portunity to commend Mr. Gil Car- Jack Reed Jr. served as Tupelo mayor for A nor’easter is a remarkable event in one term, from 2009–13. michael of Meridian, MS, an important Reed was well known statewide and participant in this mission, for his any era. The 1952 winter storm spawned worked with other leaders of many political bravery during that storm and for a hurricane-force winds and waves as tall as most of the office buildings at the persuasions for causes held in common. lifetime of service to the State of Mis- ‘‘He was a strong leader, not only on the time. The brave members of our Coast sissippi and the Nation. Mr. Car- local level but on the state level. A very Guard raced into this dangerous situa- michael, an ensign in the U.S. Coast open minded and fair thinking person,’’ said tion to locate two large tankers that Guard at the time, was awarded the Tupelo City Council member Nettie Davis, had broken in two and to rescue 70 men the longest serving council member and life- Silver Life-Saving Medal for his heroic long Tupelo resident. ‘‘He’s one that stood facing nearly certain death. actions during that rescue mission. When asked about the rescue, a self- out as far as providing unity and good lead- A 1952 Coast Guard news release de- less Mr. Carmichael, who was in charge ership. I think it’s going to be a great loss to scribed the rescue: our city, our area and the state of Mis- of a rescue boat that rescued two men sissippi.’’ FOR RELEASE AT 10: 30 A.M., MAY 14, 1952 from the bow of the SS Fort Mercer that Reed chaired Mississippi’s first lay State Twenty-one Coast Guardsmen were deco- day, said, ‘‘I learned early in life how I Board of Education from 1982–87, and later rated today by Edward H. Foley, Under Sec- would behave in crisis. I knew when we was tapped by President George H.W. Bush retary of the Treasury, and Vice Admiral put the boat over we could be killed to head up the National Advisory Committee Merlin O’Neill, Coast Guard Commandant, but all of us were just thinking about on Education Research and Improvement. for the rescue of 70 men in a heavy storm at Reed’s stance on public education was a sea Feb. 18–19. trying to save lives rather than of our dominating portion of his campaign as the The rescued men were crew members of the own safety.’’ Republican nominee for governor in 1987. tankers SS FORT MERCER and SS PEN- Gil Carmichael took the remarkable Reed eventually lost that race to Democrat DLETON which broke in two in 70-knot experience he gained in the Coast Ray Mabus. winds and 60-foot seas off the coast of Cape Guard and continued on the path of Reed, in a 1999 archived interview for the Cod, Mass. public service, later for statewide of- University of Southern Mississippi, described The group ceremony was held in the Treas- fice in Mississippi in the 1960s, as a his early years in Tupelo. ury before members of Congress and high candidate for the U.S. Senate in 1972, ‘‘Well, it was different. It was a good time ranking Coast Guard officers. Members of for me,’’ Reed said in the interview. ‘‘My fa- Congress from the homes of each man deco- twice for Governor in 1975 and 1979, and ther was a merchant here, and my mother rated, and members of committees which once for Lieutenant Governor in 1983. was also a native of this area. I had two handle Coast Guard legislation, also were in- He also served as a delegate from Mis- brothers; we had a nice home. And of course, vited. sissippi to the Republican National

VerDate Sep 11 2014 03:40 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.069 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S341 Convention. In 1973, he was appointed ‘‘Big Ed’’ was born in Dagmar, MT, in Ms. Daud’s work with ASASLV has to the National Highway Safety Advi- 1920. He and his wife, Juliet, raised four contributed greatly in making the or- sory Committee and became chairman children near the family homestead, ganization an invaluable resource to of the advisory committee until 1976. where Ed helped manage the family Las Vegas’s youth. She has gone above From 1976 to 1979, he was a Federal farm and ranch. He was an avid hunter and beyond to build a positive base for commissioner for the National Trans- and sportsman and earned his nick- Nevada’s future generations. portation Policy Study Commission. name ‘‘Big Ed’’ while playing in the I extend my deepest gratitude to Ms. He became Administrator of the U.S. Big Muddy Baseball league. Ed was an Daud for all of her hard work in en- Department of Transportation’s Fed- active member of the Sheridan County couraging our youth to have successful eral Railroad Administration in 1989 community, serving as a member of the and active futures. She is a shining ex- and served until 1993. He later served as Sheridan County Stockman Associa- ample of someone who strives for the chairman of the Amtrak Reform Coun- tion, Wool Growers, and the Sheridan betterment of her community and dis- cil. County Fair board, as well as a 4–H plays true selflessness in her work. I It is a pleasure to acknowledge Mr. leader. am thankful to have Ms. Daud serving Carmichael whose selfless personal Ed’s heart for service led him to run as an ally to Las Vegas’s students, pro- qualities reflect a great deal of credit for the Montana State Legislature in viding them a safe, healthy, and ambi- on my State and this Nation.∑ 1966, where he served for 20 years. In tious environment. f 1972, Ed ran as Montana’s Republican I ask my colleagues and all Nevadans to join me in recognizing Ms. Daud and TRIBUTE TO BRIGADIER GENERAL candidate for Governor. He went on to serve on Montana’s Highway Commis- her work for ASASLV, a program that BRUCE BRAMLETTE is so important for Nevada’s youth. I ∑ sion for several years after retiring Mr. DAINES. Mr. President, today I from the State legislature. wish Ms. Daud the best of luck in all of wish to recognize former BG Bruce Big Ed was a commonsense and inde- her future endeavors working to help Bramlette of Fort Benton, MT, on be- pendent leader and a man of great in- students across southern Nevada.∑ half of his lifetime of dedication to our tegrity. He made a lasting impact on f Nation and his selfless service on con- Montana and will be truly missed. gressional U.S. Military Academy nom- RECOGNIZING WESTERN Cindy and I will keep his wife, Juliet; GOVERNORS UNIVERSITY NEVADA ination boards. Bruce has tirelessly his four children; and his many grand- served on nomination boards for 25 ∑ Mr. HELLER. Mr. President, today I children and great-grandchildren in our years, both as a member and board wish to recognize Western Governors thoughts and prayers.∑ chairman, and has interviewed more University, WGU Nevada. I am proud than 1,000 young Montana students f to honor this institution that offers seeking a nomination to one of our Na- TRIBUTE TO RANNA DAUD Nevadans a unique opportunity to tion’s service academies. Throughout ∑ Mr. HELLER. Mr. President, today I learn and achieve successful and posi- his years of conducting interviews, he wish to recognize Ranna Daud, executive futures. Established in 1997, WGU Nevada is has had numerous opportunities to tive director for the After-School All- an online institution designed to offer meet and interact with incredible stu- Stars Las Vegas, ASASLV, for her tire- greater access and flexibility to higher dents from all over Montana. Bruce less efforts in helping Las Vegas’s education. This university provides 50 said it was his pleasure to help these youth achieve prosperous futures. Ms. accredited bachelor’s and master’s de- students pursue their dreams of becom- Daud has contributed greatly to her grees in business, information tech- ing an officer in one of our Nation’s community by working to make military branches. nology, K–12 teacher education, and ASASLV the best it can be. health professions, along with a vari- In addition to Bruce’s tremendous ASASLV was initially organized in volunteer hours for the nomination ety of other tracks. WGU Nevada’s mis- 2003 to provide Las Vegas’s youth with boards, he proudly served in the Mon- sion to provide Silver State citizens a variety of free academic, athletic, tana Air National Guard for 34 years. with an opportunity to obtain an aca- and cultural afterschool programs, en- He retired in 1994 as the assistant adju- demic degree at their own pace will couraging Nevada’s students to main- tant general for air for the State of help enhance the lives of thousands of tain a successful and healthy lifestyle Montana. As a National Guard fighter students, while also ensuring the needs during afterschool hours. These pro- pilot, Bruce successfully flew over 2,000 of Nevada’s employers are met. grams are offered to students in pre- hours in the F106 Dart, F102 Dagger, WGU Nevada has gone above and be- kindergarten through 8th grade at 13 and F89 Scorpion. yond to help Nevadans obtain the tools A graduate of Montana State Univer- different schools across the Clark they need to succeed. Recently, this in- sity, Bruce has also been an active County School District. To help stu- stitution provided 10 students in Ne- member in his community. He has dents academically, ASASLV offers vada with the financial support needed served on the Highwood School Board homework assistance, test preparation, to earn a degree that will advance their for 9 years, is a lifelong member of the and tutoring from certified teachers. It careers. I am grateful that WGU Ne- Air Force Association, and is an active also offers classes in art, music leader- vada is working to create a brighter fu- member of Representative RYAN ship, cooking, business, and dance. ture for many across the Silver State. ZINKE’s Veterans Advisory Board. Aside from educational aid, the orga- As the husband of a teacher, I under- Bruce and his wife of 43 years, Miriam, nization also emphasizes health and stand the important role academic in- have three daughters and nine grand- fitness. Activities such as soccer, stitutions play in enriching the lives of children. volleyball, basketball, martial arts, Nevadans. Ensuring that students Bruce recognizes the great value in yoga, and hiking are offered to stu- throughout Nevada are prepared to supporting our next generation of lead- dents. Our State is fortunate to have compete in the 21st century is critical ers—especially those who will be de- someone such as Mrs. Daud leading for the future of our country. The fending and protecting our country. I this organization, which is critical in State of Nevada is fortunate to be am deeply thankful for Bruce’s years of helping students across Las Vegas home to WGU Nevada. service to our State and Nation and his maintain a positive lifestyle. I ask my colleagues and all Nevadans tireless work on behalf of Montana stu- Ms. Daud began working for ASASLV to join me in recognizing WGU Nevada. dents.∑ in 2004 as a program manager. She This institution is truly dedicated to f later returned to the organization in enriching the lives of Nevadans, and I 2009 and served for 4 years before being am honored to recognize its efforts.∑ REMEMBERING BIG ED SMITH selected as the executive director. In f ∑ Mr. DAINES. Mr. President, I would this role, Ms. Daud leads the organiza- like to honor Edward B. Smith—a man tion in pursuit of its mission to help TRIBUTE TO COLONEL JOHN of great character and a dedicated pub- Nevada’s youth. She also serves as the NOVAK lic servant who was called home on main voice in the community, working ∑ Mr. ISAKSON. Mr. President, I wish January 25, 2016, at the age of 95. to build recognition for the program. to pay tribute to COL John Novak for

VerDate Sep 11 2014 06:03 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.039 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S342 CONGRESSIONAL RECORD — SENATE January 28, 2016 his past year of exemplary dedication fair and proper to acknowledge the sion of 2008 feels like ancient history. Still, to duty and service as an Army con- tireless support of his wife Stacey and we face problems. Climate change is one of gressional liaison for the Chief of Army his children—Patrick John Novak and those issues, particularly because of the denial by politicians in our government that Reserve. In that role, he managed the Caitlin Lynn Novak. I thank them for refuse to do anything, because their re-elec- operations and readiness portfolio for their sacrifices and wish them all the tion campaigns rely on oil and gas compa- the Army Reserve. I am grateful that best for continued success in the fu- nies’ contributions. he will continue to serve the Army and ture. In the 114th congress, 170 members deny Congress in his new assignment as Throughout his 30-year career, COL that global warming is real. Many represent- commander, 361st Civil Affairs Brigade, John Novak has made positive impacts atives receive huge donations, as much as $63 in Kaiserslautern, Germany. We wish on the careers and lives of his soldiers, million from big oil and gas companies, and in return, they support deregulation initia- him well in his new position. peers, and superiors; and I am grateful tives in Congress to protect the corpora- A native of Ohio, Colonel Novak en- that he has chosen to serve as an Army tions. In other words, they prevent progress listed in the Army as a psychological leader. I join my colleagues today in and obstruct a move away from non-renew- operations specialist in the 21st Psy- honoring his dedication to our Nation able energy sources. In this way, they are chological Operations Company, Cleve- and invaluable service to the U.S. Con- not representing their constituents—they’re land, OH. He graduated with honors gress as an Army congressional liai- representing the interests of the very from John Carroll University, magna son.∑ wealthy corporations—and it’s undermining the political system we have. cum laude, and the Reserve Officer f In a legislative body that is constantly Training Corps Program, distinguished TRIBUTE TO DAVID W. SCHEIBLE blinded by the goal of staying in office, rath- military graduate, in 1991 and was com- er than passing comprehensive reforms to missioned into the infantry. Through- ∑ Mr. PERDUE. Mr. President, I wish save our planet, the denial is rampant. Even out his career, he also earned a mas- to honor a great Georgian, David W. though 97% of scientists agree that climate ter’s degree in business and organiza- Scheible, chairman and CEO of Graphic change is real, and manmade, these elected tional security management from Web- Packaging International, Inc. David is officials with no background in science retiring from Graphic Packaging after choose to ignore it, and instead put trillions ster University; a master’s degree in of taxpayer money into a defense budget legislative affairs from the George a decade of transforming the company. that is bloated and unnecessary. For climate Washington University; a master’s de- Under David’s leadership, Graphic change to be properly addressed, it starts gree in strategic intelligence from the Packaging has grown to become a For- with Congress. If we invest money into clean National Intelligence University, De- tune 500 company with over 12,000 em- energy—solar panels, wind turbines, natural fense Intelligence Agency; a master’s ployees globally and a highly respected gas—we will slowly be able to move away degree in strategic studies from the leader in the paper and packaging in- from non-renewable, dirty sources. dustry. We also must take a stand against the cor- U.S. Army War College; and associate porations profiting off of non-renewable of arts degrees in Russian studies and Last year, David was the recipient of sources, making it clear that their campaign law enforcement. the Executive Papermaker of the Year contributions should not be the difference As an officer in the U.S. Army Re- award, which is based on corporate vi- between whether or not we leave a healthier serve, Colonel Novak served with mili- sion, strategic objectives, and strong planet for future generations. If we wait long tary intelligence, logistics, psycho- leadership within the individual’s com- enough, it will be too late to do anything. logical operations, and civil affairs pany and the paper industry. It’s not part of a ‘‘liberal agenda’’ that some units at the platoon, detachment, com- David is also a pillar in our commu- in Congress like to criticize. It’s a common problem that is hurting our common home, pany, battalion, group, and major com- nity with a passion for education, sus- and it’s up to all of humankind to deal with mand level as an executive officer, pla- tainability, and feeding the hungry. He it. That can’t happen if the political cha- toon leader, detachment commander, serves on the board of directors of rades are continued in Washington, D.C. psychological operations officer, Prod- Benchmark Electronics, the board of ELLERY HARKNESS, CHAMPLAIN VALLEY UNION uct Development Center chief, logistics Cancer Treatment Centers of America, HIGH SCHOOL (FINALIST) officer, assistant operations officer, S3, and the Metro Atlanta Chamber of My fellow Americans, there are many im- company commander, plans officer, op- Commerce, where he was chairman of portant issues burdening our world today; in erations officer, aide-de-camp, assist- the education committee for the last 5 order to fix these problems, we need an edu- ant chief of staff, and battalion com- years. cation system that produces well educated mander. As the immediate past chairman of leaders to solve these issues. Our education His service in the Army Reserve is system as it stands today needs to be modi- the American Forest & Paper Associa- fied and socioeconomic factors hindering highlighted by his selection in 2009 to tion, David was a powerful and vision- education need to be addressed. serve as an Army congressional fellow. ary advocate working with Federal, Education should be an equalizer, so that While assigned to the Office, Chief of State, and local officials on issues crit- anyone, no matter their circumstances, can the Army Reserve from 2010 to 2012, ical to the pulp and paper industry. Da- realize their potential; this isn’t the reality Colonel Novak spent a year rep- vid’s charisma, focus, and quick intel- though. The truth is that kids from dis- resenting the Army to the Congress by lect earned the respect of many legisla- advantaged families have a far lower chance working in the office of Senator Saxby for success. Inequality due to wealth and tors, including myself. race are huge problems; the disturbing Chambliss. Following the completion It is with great pleasure that I recog- school to prison pipeline is one outcome of of battalion command, he returned nize David Scheible, a man who con- this. Only 1 in 12 children in poverty will once again to the Office, Chief Army tinues to make a difference, and I wish graduate from college today and almost half Reserve to serve as a legislative liaison him well in his future endeavors.∑ won’t graduate from high school. Studies officer. f have also found that African American and As with all our citizen soldiers, it is Hispanic high school graduation rates are important that we acknowledge his VERMONT ESSAY FINALISTS 10% lower than the U.S. average. Education service in the civilian sector. Colonel ∑ Mr. SANDERS. Mr. President, I ask can raise people out of poverty, while ignoring these problems only continues to per- Novak has extensive law enforcement to have printed in the RECORD copies of petrate a horrific cycle of poverty and create experience, serving as both a municipal some of the finalist essays written by more economic problems. police officer in Ohio and as a Federal Vermont High School students as part Consider that by 2020, 65% of U.S. jobs will civilian special agent with the U.S. Air of the sixth annual ‘‘What is the State require a postsecondary education, according Force Office of Special Investigations. of the Union’’ essay contest conducted to Georgetown Public Policy Institute. Yet It is because of their cooperation and by my office. These finalists were se- only 1 of 4 students are ready for college in understanding during his many tours lected from nearly 800 entries. the 4 core subjects when graduating high on Active Duty that he is able to make The material follows: school, according to U.S. news. Regrettably, the education system not only isn’t pre- such a positive impact on the Army ADAM FLEISCHMAN, SOUTH BURLINGTON HIGH paring students for college, it also forces stu- Reserve. SCHOOL (FINALIST) dents to bear an unreasonable financial bur- John is accustomed to working long The state of the union is strong. Ameri- den in order to go to college. With free or re- hours in all of his positions in the cans are working hard, unemployment is duced tuition programs, college education Army and civilian sector, so it is only down, the stock market is up, and the reces- would be more accessible.

VerDate Sep 11 2014 04:53 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.001 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S343 There is no single fix for the educational going to college because of the high costs. America is trying to divide and conquer— problems plaguing our country yet it is clear All this leads to more people buying and sell- focusing on conquering Muslims as a whole that major reforms need to take place. Po- ing goods which is important for a country rather than just ISIS. Rather than attacking tential solutions are policies that provide to prosper. the Muslims in our country, we should be fo- family support so that students grow up in State colleges should be free because the cusing on the actual members of ISIS, and places that encourage learning. Since teach- economy will grow faster with more edu- not people who have no association with the ers are the most important aspect of educated people, and young adults will not be organization. cation, more resources could be put into paying college debt for half their life. How ALEXIS MANCHESTER, GREEN MOUNTAIN teacher programs and salaries that exactly this would be done is simple, put TECHNOLOGY AND CAREER CENTER (FINALIST) higher taxes on the wealthy. With the top incentivize job growth. Congress could also Today in America, people are going to pris- class distributing their money towards edu- work towards bipartisan policies that ensure on wasting countless economic resources and cation, everyone can have the opportunity to schools around the U.S have equal quality potentially ruining the lives of people all be- further their education. People can use their and access to resources through more fund- cause of the recreational use of marijuana. ing. In 2015, 55% of government funding went hard working money on other things, like While people often say marijuana is a gate- to the military, while only 6% went to edu- purchasing a house or providing for a child. way drug, I strongly disagree. There are cation. An increase in education funding is a That is why it is important to have free col- more people that drink a glass of milk per justifiable change that could dramatically lege tuition because it creates an educated day and become addicted to more serious help broken systems. population, less debt, and saving for other drugs, than those who use marijuana. It is With a better educated workforce, people necessities. not uncommon to hear echoes of this senti- will have better jobs and rely on government TORI JARVIS, MISSISQUOI VALLEY UNION HIGH ment in other contexts as well, particularly, less, benefiting the U.S. economy. Oppor- SCHOOL (FINALIST) the media and Presidential candidates. In tunity gaps in education would also decrease Since the recent crimes committed by the fact, Senator Sanders himself suggests that and the U.S. would become more competitive terror group ISIS, hate crimes against Mus- marijuana should be legalized: ‘‘I suspect I as a result. This is another incentive for lims have skyrocketed. Recently, ‘‘an Arab- would vote yes. And I would vote yes because making education a priority to those in American man was brutally attacked by two I am seeing in this country too many lives Washington. white men . . . (who) also taunted his daugh- being destroyed for non-violent offenses. We Our combined futures are dependent on the ter, who wears a hijab, making references to have a criminal justice system that lets youth of today; but our nation’s children are ISIS . . . The attackers called (them) ‘r— CEOs on Wall Street walk away, and yet we only as good as the education they are pro- head’ and said, ‘Go back to your country.’ ’’ are imprisoning or giving jail sentences to vided with. As Nelson Mandela said, ‘‘Edu- Wrote Tom Carter for an article on the young people who are smoking marijuana. I cation is the most powerful weapon which World Socialist Website. Obviously, these think we have to think through this war on you can use to change the world.’’ Let’s take men attacked the man and his daughter for drugs which has done an enormous amount advantage of it. their race and religion, equating the fact of damage.’’ I strongly agree with this state- MEGAN HUGHES, CANAAN MEMORIAL HIGH that they were Muslim with terrorism even ment because there is not one reported death SCHOOL (FINALIST) though there was no sensible reason to. Peo- from an overdose of marijuana. In fact, 88,000 As many Americans know, we are very ple are so scared of terrorism that they lash people have died from alcohol use. I person- blessed to have colleges available in our out at anything they can associate with it. ally have never heard of somebody mur- country. College allows a young adult to fur- People in power or who wish to be in power dering someone because they were under the ther his or her knowledge of the world are using this fear to convince them that influence of marijuana. Alcohol on the other around them so they can be ready to enter Muslims are the ones to be feared. The most hand, has been proven to impact our culture the workforce. College tuition used to be af- recent—and most dangerous—example is negatively. fordable, so that everyone could further Donald Trump, who wants to ban Muslims Facts don’t lie. 58% of Americans think their education. This is important because from coming into the country. This move marijuana should be legalized, including me. more educated people means a stronger has not only heightened the fear of ISIS, but Around 40% of Americans admit to already growing economy. At the same time, the made people believe the Muslims currently using marijuana. If marijuana was legalized, cost of tuition rises dramatically each year, in our country are associated with terrorism, we could tax it and allow citizens who choose and families with more than one child find creating more violence. Encouraged by Pres- to use it to benefit our communities in more themselves in tough financial situations. idential candidates like Donald Trump, some effective ways than keeping it illegal. Mari- Most of the time people use loans, and end Americans blame the entire religion of juana is a safer drug than others and there is up paying back student debt for years. Every Islam, and anyone who follows it, for all of a very low risk of abuse. Marijuana can be American deserves to have a college edu- our country’s problems. They believe that safe and useful for instance. Legalizing mari- cation, which is why state colleges should be because these terrorists are following a dis- juana will bring the nation’s largest cash tuition free. torted version of the Qu’ran and the religion crop under the rule of law, creating jobs, and Elementary and high school is mandatory of Islam, that anyone else who worships the economic opportunities in the formal econ- for all American citizens. Parents who refuse peaceful religion is a terrorist as well. Unfor- omy instead of the illicit market. Wash- to send their children to school have to pay tunately, people don’t realize that Muslims ington, Alaska, Oregon and Colorado haven’t large fines or even serve jail time. If early are not terrorists. Muslim athlete Muham- had any major issues with their legalization. education is this important to Americans, mad Ali once said; ‘‘Terrorists are not fol- Washington State raked in more than $70 why is college not? Why should the emphasis lowing Islam. Killing people and blowing up million in taxes its first year of legal regu- just be on getting a primary or secondary people and dropping bombs in places and all lated marijuana sales. In Colorado the total education? More and more jobs today are re- this is not the way to spread the word of of marijuana tax and license cash funds is quiring higher than just a high school di- Islam. So people realize now that all Mus- the total of $11,290,012 annually. Alaska ploma. In an article by Adam Davidson, he lims are not terrorists.’’ Muslims are too stands to make between $5.1 million and $19.2 says that ‘‘Workers with more education are often oppressed, even violently attacked by million in tax revenue from commercial more productive, which makes companies Americans who blame them for terrorism. marijuana in 2016, according to the prelimi- more profitable and the overall economy Muslims in America today are now experi- nary estimate by the Alaska Department of grow faster.’’ This is true, more educated encing racism the way black people used to, Revenue. Oregon’s first week of recreational people means more jobs are being done cor- and are violently and verbally abused by use of marijuana sales top $11 million dol- rectly and efficiently, and as a result boost- white people who are looking for someone to lars. Clearly, the taxes incurred would posi- ing the economy. blame. tively benefit our state and country should In an article by Steven Goodman he said Jermaine Jackson, one of Michael Jack- we choose to jump on board. ‘‘Two-thirds of American undergraduates are son’s siblings, has pointed out ‘‘Muslims In closing, I hope you can appreciate my in debt. This year, student loan debt will have become the new Negroes in America. ideas, although I am just one voice. America grow to more than a trillion dollars, out- They are being mistreated at airports, by the is a progressive kind of people and we must pacing credit card debt for the first time.’’ Immigration—everywhere. Islam is a reli- do what we can to continue to demonstrate This article was written in 2011, meaning gion of peace. They are wrong.’’ People who the values that make us great. Thank you only four years ago student debt was already wear hijabs seem to have a target placed on for your time.∑ in the trillions. When young adults leave them. Muslims are ‘‘randomly selected’’ for f home and enter the work force, they have to full body searches at airports, forced to deal with adult responsibilities for the first prove they’re in this country legally, and at- RECOGNIZING THE LOUISIANA time. On top of that, they usually need to tacked by people who have different reli- MUNICIPAL ASSOCIATION pay off student debt. If college were to be gious opinions. The violence against Mus- ∑ Mr. VITTER. Mr. President, today tuition free these people would not have lims must end, whether it physical or men- large debts. The money they make could go tal. As the civil war in the Middle East is my colleague Senator BILL CASSIDY towards paying bills, and saving money for creating unlivable conditions for its inhab- and I are honored to have the oppor- their future or retirement. It would also help itants, they’re counting on us to take them tunity to acknowledge and express attract those who were never thinking about in and keep them safe. gratitude to the Louisiana Municipal

VerDate Sep 11 2014 03:40 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.071 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S344 CONGRESSIONAL RECORD — SENATE January 28, 2016 Association, LMA, in recognition of and enhance economic growth. On the Foreign Assets Control, Department of the their 90th anniversary. Federal level, the LMA joined forces Treasury, transmitting, pursuant to law, the Founded in 1926, the Louisiana Con- with the National League of Cities and report of a rule entitled ‘‘Iranian Trans- ference of Mayors was created with the actions and Sanctions Regulations’’ (31 CFR other coastal State municipal leagues Part 560) received in the Office of the Presi- purpose of providing a forum for mu- to lead the charge in lobbying Congress dent of the Senate on January 21, 2016; to the tual consultation and discussion of var- to enact the Homeowners Flood Insur- Committee on Banking, Housing, and Urban ious topics affecting municipal governance Affordability Act of 2014, which Affairs. ment. The organization also aided the enacted critical reforms to the Biggert EC–4230. A communication from the Sec- growth and development of each mu- Waters Act of 2012, thereby facilitating retary of Commerce, transmitting, pursuant nicipality through education about affordable homeowner flood insurance to law, the Department of Commerce’s 2016 best practices and problem solving. Report on Foreign Policy-Based Export Con- in Louisiana and across the country. trols; to the Committee on Banking, Hous- Shortly after the Louisiana Conference For 90 years, the LMA has worked to ing, and Urban Affairs. of Mayors was created, the Great De- strengthen the backbone of Louisiana EC–4231. A communication from the Asso- pression swept the Nation. In 1937, a through support and empowerment of ciate General Counsel for Legislation and handful of resilient mayors met to re- municipal government. The organiza- Regulations, Office of the Deputy Secretary, vive the organization, giving it new life tion has launched a yearlong celebra- Department of Housing and Urban Develop- as the Louisiana Municipal Associa- tion of this anniversary by naming 2016 ment, transmitting, pursuant to law, the report of a rule entitled ‘‘Federal Housing Ad- tion. They may not have foreseen that the Year of Education. Opening festivi- ministration (FHA): Removal of 24 CFR 280— their tenacity in overcoming adversity ties for this theme will commence at Nehemiah Housing Opportunity Grants Pro- during the Great Depression and tak- the midwinter conference in February gram’’ (RIN2502–AJ31) received in the Office ing proactive steps to keep Louisiana under the auspices of the 2016 LMA Ex- of the President of the Senate on January 21, municipalities united and strong would ecutive Board officers—President 2016; to the Committee on Banking, Housing, form the basis for the core values to Mayor Carroll Breaux of Springhill, and Urban Affairs. EC–4232. A communication from the Sec- which the LMA still adheres today. First Vice President Mayor Barney From its inception, the LMA has fo- retary of the Treasury, transmitting, pursu- Arceneaux of Gonzales, Second Vice ant to law, a six-month periodic report on cused on helping local elected leaders President Mayor Lawrence Henagan of the national emergency with respect to create and maintain efficient and effec- DeQuincy, Immediate Past President transnational criminal organizations that tive municipal governments. In 1987, Mayor David Camardelle of Grand Isle, was declared in Executive Order 13581 of July the nonprofit, nonpartisan LMA cre- and District A Vice President Mayor 24, 2011; to the Committee on Banking, Hous- ated Risk Management, Inc., RMI, to Jimmy Williams of Sibley. The execu- ing, and Urban Affairs. address the insurance and liability de- EC–4233. A communication from the Chief tive director is Ronnie Harris, former of the Publications and Regulations Branch, mands of member municipalities 28-year mayor of Gretna. Internal Revenue Service, Department of the through its inter-local risk pool. In What started out as a collection of 29 Treasury, transmitting, pursuant to law, the 1999, the Louisiana Municipal Advisory forward-thinking mayors seeking to report of a rule entitled ‘‘Revenue Procedure and Technical Services Bureau, Inc., empower their communities has 2016–4’’ (Rev. Proc. 2016–4) received in the Of- LaMATS, was created with the purpose evolved into a praiseworthy organiza- fice of the President of the Senate on Janu- of providing essential services to assist tion that has earned the esteem and ary 20, 2016; to the Committee on Finance. municipalities in their day-to-day op- EC–4234. A communication from the Chief trust of local, State, and Federal elect- of the Publications and Regulations Branch, erations. ed officials, as well as fellow municipal Internal Revenue Service, Department of the In addition to these wholly owned leagues. Treasury, transmitting, pursuant to law, the subsidiaries, the LMA has three polit- We would like to congratulate the report of a rule entitled ‘‘Revenue Procedure ical subdivisions—Louisiana Municipal LMA on its 90th anniversary and wish 2016–6’’ (Rev. Proc. 2016–6) received in the Of- Gas Authority, Unemployment Com- them many more years of strength and fice of the President of the Senate on Janu- ary 20, 2016; to the Committee on Finance. pensation Fund, and Louisiana Com- excellence.∑ munity Development Authority; four EC–4235. A communication from the Chief f of the Publications and Regulations Branch, advisory organizations—Louisiana As- Internal Revenue Service, Department of the sociation of Chiefs of Police, Louisiana MESSAGES FROM THE PRESIDENT Treasury, transmitting, pursuant to law, the Rural Water Association, Louisiana Messages from the President of the report of a rule entitled ‘‘Revenue Procedure Conference of Mayors, and Louisiana United States were communicated to 2016–8’’ (Rev. Proc. 2016–8) received in the Of- Municipal Black Caucus Association; the Senate by Mr. Pate, one of his sec- fice of the President of the Senate on Janu- ary 20, 2016; to the Committee on Finance. and nine affiliate organizations—Mu- retaries. nicipal Employees Retirement System, EC–4236. A communication from the Sec- f retary of the Federal Trade Commission, Louisiana City Attorneys Association, transmitting, pursuant to law, a report rel- Louisiana Association of Municipal EXECUTIVE MESSAGES REFERRED ative to the use of the exemption from the Secretaries and Assistants, Louisiana As in executive session the Presiding antitrust laws provided by the Pandemic and Recreation and Parks Association, Officer laid before the Senate messages All-Hazards Preparedness Act; to the Com- mittee on Health, Education, Labor, and Louisiana Association of Tax Adminis- from the President of the United trators, Louisiana Municipal Clerks Pensions. States submitting sundry nominations EC–4237. A communication from the Chair, Association, Building Officials Associa- which were referred to the appropriate U.S. Sentencing Commission, transmitting, tion of Louisiana, Louisiana Airport committees. pursuant to law, the amendments to the fed- Managers and Associates, and Lou- (The messages received today are eral sentencing guidelines that were pro- isiana Fire Chiefs Association. printed at the end of the Senate proposed by the Commission during the 2015– To fulfill its mission of educating its ceedings.) 2016 amendment cycle; to the Committee on membership and providing a forum for the Judiciary. discussion about common issues, solu- f EC–4238. A communication from the Acting tions, and problem solving, the LMA Director, Office of Sustainable Fisheries, De- EXECUTIVE AND OTHER partment of Commerce, transmitting, pursu- holds an annual convention, a mid- COMMUNICATIONS ant to law, the report of a rule entitled ‘‘Pa- winter conference, 10 district meetings, The following communications were cific Island Pelagic Fisheries; 2015 CNMI a municipal day during the State’s leg- laid before the Senate, together with Longline Bigeye Tuna Fishery; Closure’’ islative session, and 15 or more (RIN0648–XE329) received in the Office of the accompanying papers, reports, and doc- webinars. President of the Senate on January 20, 2016; For decades, the LMA has had tre- uments, and were referred as indicated: to the Committee on Commerce, Science, mendous legislative success on both EC–4228. A communication from the Acting and Transportation. State and Federal levels. In the Lou- Secretary of the Army, transmitting, pursu- EC–4239. A communication from the Ad- ant to law, a report on gifts made for the ministrator, Transportation Security Ad- isiana Legislature, the LMA has been a benefit of military musical units; to the ministration, Department of Homeland Se- strong voice for Louisiana municipali- Committee on Armed Services. curity, transmitting, pursuant to law, a re- ties in efforts to fight blight, promote EC–4229. A communication from the Assist- port relative to the Administration’s deci- law enforcement, maintain funding, ant Director for Regulatory Affairs, Office of sion to enter into a contract with a private

VerDate Sep 11 2014 03:40 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.003 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S345 security screening company to provide Transportation, transmitting, pursuant to 2934 and R–2935; Cape Canaveral, FL’’ screening services at Punta Gorda Airport law, the report of a rule entitled ‘‘Airworthi- ((RIN2120–AA66) (Docket No. FAA–2015–7213)) (PGD); to the Committee on Commerce, ness Directives; The Boeing Company Air- received in the Office of the President of the Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– Senate on January 27, 2016; to the Committee EC–4240. A communication from the Attor- 2015–0828)) received in the Office of the Presi- on Commerce, Science, and Transportation. ney-Advisor, Office of the General Counsel, dent of the Senate on January 27, 2016; to the EC–4257. A communication from the Man- Department of Transportation, transmitting, Committee on Commerce, Science, and agement and Program Analyst, Federal pursuant to law, a report relative to a va- Transportation. Aviation Administration, Department of cancy in the position of Under Secretary of EC–4249. A communication from the Man- Transportation, transmitting, pursuant to Transportation for Policy, Department of agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Prohibi- Transportation, received in the Office of the Aviation Administration, Department of tion Against Certain Flights in the Territory President of the Senate on January 21, 2016; Transportation, transmitting, pursuant to and Airspace of Somalia’’ ((RIN2120–AK75) to the Committee on Commerce, Science, law, the report of a rule entitled ‘‘Airworthi- (Docket No. FAA–2007–27602)) received in the and Transportation. ness Directives; The Boeing Company Air- Office of the President of the Senate on Jan- EC–4241. A communication from the Man- planes’’ ((RIN2120–AA64) (Docket No. FAA– uary 27, 2016; to the Committee on Com- agement and Program Analyst, Federal 2015–1281)) received in the Office of the Presi- merce, Science, and Transportation. Aviation Administration, Department of dent of the Senate on January 27, 2016; to the EC–4258. A communication from the Man- Transportation, transmitting, pursuant to Committee on Commerce, Science, and agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- Transportation. Aviation Administration, Department of ness Directives; Airbus Helicopters’’ EC–4250. A communication from the Man- Transportation, transmitting, pursuant to ((RIN2120–AA64) (Docket No. FAA–2015–2714)) agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Prohibi- received in the Office of the President of the Aviation Administration, Department of tion Against Certain Flights in Specified Senate on January 27, 2016; to the Committee Transportation, transmitting, pursuant to Areas of the Sanaa (OYSC) Flight Informa- on Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- tion Region’’ ((RIN2120–AK72) (Docket No. EC–4242. A communication from the Man- ness Directives; Sikorsky Aircraft Corpora- FAA–2015–8672)) received in the Office of the agement and Program Analyst, Federal tion Helicopters’’ ((RIN2120–AA64) (Docket President of the Senate on January 27, 2016; Aviation Administration, Department of No. FAA–2014–0335)) received in the Office of to the Committee on Commerce, Science, Transportation, transmitting, pursuant to the President of the Senate on January 27, and Transportation. law, the report of a rule entitled ‘‘Airworthi- 2016; to the Committee on Commerce, ness Directives; Airbus Airplanes’’ ((RIN2120– Science, and Transportation. f AA64) (Docket No. FAA–2014–0648)) received EC–4251. A communication from the Man- REPORTS OF COMMITTEES in the Office of the President of the Senate agement and Program Analyst, Federal on January 27, 2016; to the Committee on Aviation Administration, Department of The following reports of committees Commerce, Science, and Transportation. Transportation, transmitting, pursuant to were submitted: EC–4243. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- By Mr. CORKER, from the Committee on agement and Program Analyst, Federal ness Directives; Bombardier, Inc. Airplanes’’ Foreign Relations, without amendment and Aviation Administration, Department of ((RIN2120–AA64) (Docket No. FAA–2015–1199)) with a preamble: Transportation, transmitting, pursuant to received in the Office of the President of the S. Res. 347. A resolution honoring the law, the report of a rule entitled ‘‘Airworthi- Senate on January 27, 2016; to the Committee memory and legacy of Anita Ashok Datar ness Directives; Airbus Airplanes’’ ((RIN2120– on Commerce, Science, and Transportation. and condemning the terrorist attack in EC–4252. A communication from the Man- AA64) (Docket No. FAA–2015–0083)) received Bamako, Mali, on November 20, 2015. agement and Program Analyst, Federal in the Office of the President of the Senate By Mr. GRASSLEY, from the Committee Aviation Administration, Department of on January 27, 2016; to the Committee on on the Judiciary, with an amendment in the Transportation, transmitting, pursuant to Commerce, Science, and Transportation. nature of a substitute: EC–4244. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- S. 1890. A bill to amend chapter 90 of title agement and Program Analyst, Federal ness Directives; Bombardier, Inc. Airplanes’’ 18, United States Code, to provide Federal ju- Aviation Administration, Department of ((RIN2120–AA64) (Docket No. FAA–2014–0625)) risdiction for the theft of trade secrets, and Transportation, transmitting, pursuant to received in the Office of the President of the for other purposes. law, the report of a rule entitled ‘‘Airworthi- Senate on January 27, 2016; to the Committee ness Directives; Airbus Airplanes’’ ((RIN2120– on Commerce, Science, and Transportation. f AA64) (Docket No. FAA–2015–0675)) received EC–4253. A communication from the Man- in the Office of the President of the Senate agement and Program Analyst, Federal EXECUTIVE REPORTS OF on January 27, 2016; to the Committee on Aviation Administration, Department of COMMITTEES Commerce, Science, and Transportation. Transportation, transmitting, pursuant to The following executive reports of EC–4245. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- nominations were submitted: agement and Program Analyst, Federal ness Directives; Alpha Aviation Concept Aviation Administration, Department of Limited Airplanes’’ ((RIN2120–AA64) (Docket By Mr. CORKER for the Committee on Transportation, transmitting, pursuant to No. FAA–2015–3956)) received in the Office of Foreign Relations. law, the report of a rule entitled ‘‘Airworthi- the President of the Senate on January 27, *Laura S. H. Holgate, of Virginia, to be ness Directives; Airbus Airplanes’’ ((RIN2120– 2016; to the Committee on Commerce, Representative of the United States of Amer- AA64) (Docket No. FAA–2015–0076)) received Science, and Transportation. ica to the Vienna Office of the United Na- in the Office of the President of the Senate EC–4254. A communication from the Man- tions, with the rank of Ambassador. on January 27, 2016; to the Committee on agement and Program Analyst, Federal Nominee: Laura S. H. Holgate. Commerce, Science, and Transportation. Aviation Administration, Department of Post: Representative of the United States EC–4246. A communication from the Man- Transportation, transmitting, pursuant to of America to the Vienna Office of the agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Establish- United Nations, with the rank of Ambas- Aviation Administration, Department of ment of Class E Airspace; Los Angeles, CA’’ sador, and Representative of the United Transportation, transmitting, pursuant to ((RIN2120–AA66) (Docket No. FAA–2015–1139)) States of America to the International law, the report of a rule entitled ‘‘Airworthi- received in the Office of the President of the Atomic Energy Agency, with the rank of ness Directives; Piper Aircraft, Inc.’’ Senate on January 27, 2016; to the Committee Ambassador, Department of State. ((RIN2120–AA64) (Docket No. FAA–2015–8311)) on Commerce, Science, and Transportation. (The following is a list of all members of received in the Office of the President of the EC–4255. A communication from the Man- my immediate family and their spouses. I Senate on January 27, 2016; to the Committee agement and Program Analyst, Federal have asked each of these persons to inform on Commerce, Science, and Transportation. Aviation Administration, Department of me of the pertinent contributions made by EC–4247. A communication from the Man- Transportation, transmitting, pursuant to them. To the best of my knowledge, the in- agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Removal formation contained in this report is com- Aviation Administration, Department of of Jet Route J–477; Northwestern United plete and accurate.) Transportation, transmitting, pursuant to States’’ ((RIN2120–AA66) (Docket No. FAA– Contributions, amount, date, and, donee: law, the report of a rule entitled ‘‘Airworthi- 2015–6002)) received in the Office of the Presi- 1. Self/Joint: $100, 6/1/12, Obama for Amer- ness Directives; The Boeing Company Air- dent of the Senate on January 27, 2016; to the ica; $200, 1/2/12, Obama for America. planes’’ ((RIN2120–AA64) (Docket No. FAA– Committee on Commerce, Science, and 2. Spouse. 2013–0300)) received in the Office of the Presi- Transportation. 3. Children and Spouses: N/A. dent of the Senate on January 27, 2016; to the EC–4256. A communication from the Man- 4. Parents: Susan Markley Hayes, Gilbert Committee on Commerce, Science, and agement and Program Analyst, Federal Franklin Hayes, N/A. Transportation. Aviation Administration, Department of 5. Grandparents: N/A. EC–4248. A communication from the Man- Transportation, transmitting, pursuant to 6. Brothers and Spouses: N/A. agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Amend- 7. Sisters and Spouses: Carolyn Gregg Aviation Administration, Department of ment of Restricted Areas R–2932, R–2933, R– Hayes Butler, Steven A. Butler, N/A.

VerDate Sep 11 2014 04:53 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.013 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S346 CONGRESSIONAL RECORD — SENATE January 28, 2016

* Laura S. H. Holgate, of Virginia, to be the Mary S. McElroy, of Rhode Island, to be Mr. GARDNER, Mr. BOOKER, and Mr. Representative of the United States of Amer- United States District Judge for the District LANKFORD): ica to the International Atomic Energy of Rhode Island. S. Res. 351. A resolution designating the Agency, with the rank of Ambassador. Susan Paradise Baxter, of Pennsylvania, to week of January 24 through January 30, 2016, Nominee: Laura S. H. Holgate. be United States District Judge for the West- as ‘‘National School Choice Week’’; consid- Post: Representative of the United States ern District of Pennsylvania. ered and agreed to. of America to the Vienna Office of the Marilyn Jean Horan, of Pennsylvania, to By Ms. AYOTTE (for herself, Mrs. SHA- United Nations, with the rank of Ambas- be United States District Judge for the West- HEEN, Mr. NELSON, Mr. THUNE, Mr. sador, and Representative of the United ern District of Pennsylvania. CRUZ, Ms. MIKULSKI, Mr. SCHATZ, and States of America to the International * Nomination was reported with rec- Mr. PETERS): Atomic Energy Agency, with the rank of S. Res. 352. A resolution commemorating Ambassador, Department of State. ommendation that it be confirmed sub- the 30th anniversary of the loss of the Space (The following is a list of all members of ject to the nominee’s commitment to Shuttle Challenger and of Teacher in Space my immediate family and their spouses. I respond to requests to appear and tes- S. Christa McAuliffe of Concord, New Hamp- have asked each of these persons to inform tify before any duly constituted com- shire; considered and agreed to. me of the pertinent contributions made by mittee of the Senate. f them. To the best of my knowledge, the in- (Nominations without an asterisk ADDITIONAL COSPONSORS formation contained in this report is com- were reported with the recommenda- plete and accurate.) S. 524 Contributions, amount, date, and donee: tion that they be confirmed.) At the request of Mr. WHITEHOUSE, 1. Self/Joint: $100, 6/1/12, Obama for Amer- f ica; $200, 1/2/12, Obama for America. the names of the Senator from Alaska 2. Spouse INTRODUCTION OF BILLS AND (Mr. SULLIVAN) and the Senator from 3. Children and Spouses: N/A. JOINT RESOLUTIONS New Mexico (Mr. HEINRICH) were added 4. Parents: Susan Markley Hayes, Gilbert The following bills and joint resolu- as cosponsors of S. 524, a bill to author- Franklin Hayes: N/A. ize the Attorney General to award 5. Grandparents: N/A. tions were introduced, read the first 6. Brothers and Spouses: N/A. and second times by unanimous con- grants to address the national 7. Sisters and Spouses: Carolyn Gregg sent, and referred as indicated: epidemics of prescription opioid abuse Hayes Butler, Steven A. Butler: N/A. and heroin use. By Mr. MCCAIN (for himself and Mrs. S. 859 *Scot Alan Marciel, of California, a Career ERNST): S. 2470. A bill to repeal the provision per- At the request of Ms. CANTWELL, the Member of the Senior Foreign Service, Class name of the Senator from Maryland of Career Minister, to be Ambassador Ex- mitting the use of rocket engines from the traordinary and Plenipotentiary of the Russian Federation for the evolved expend- (Mr. CARDIN) was added as a cosponsor United States of America to the Union of able launch vehicle program; to the Com- of S. 859, a bill to protect the public, Burma. mittee on Armed Services. communities across America, and the Nominee: Scot Alan Marciel. By Mr. KIRK (for himself, Mr. HATCH, environment by increasing the safety Post: Ambassador to the Union of Burma. Mr. TOOMEY, and Mr. VITTER): of crude oil transportation by railroad, S. 2471. A bill to amend the Internal Rev- (The following is a list of all members of and for other purposes. my immediate family and their spouses. I enue Code of 1986 to improve and expand have asked each of these persons to inform Coverdell education savings accounts; to the S. 974 me of the pertinent contributions made by Committee on Finance. At the request of Mr. DURBIN, the them. To the best of my knowledge, the in- By Mr. MERKLEY: name of the Senator from California formation contained in this report is com- S. 2472. A bill to establish an American (Mrs. BOXER) was added as a cosponsor plete and accurate.) Savings Account Fund and create a retire- of S. 974, a bill to amend the Fair Contributions, amount, date, and donee: ment savings plan available to all employ- Labor Standards Act of 1938 to prohibit 1. Self: 0. ees, and for other purposes; to the Com- 2. Spouse: Marie Earlynne Marciel: 0. mittee on Finance. employment of children in tobacco-re- 3. Children and Spouses: Lauren Marciel: 0; By Mr. SULLIVAN (for himself, Mr. lated agriculture by deeming such em- Natalie Marciel: 0. CASEY, Mr. HELLER, and Mr. TESTER): ployment as oppressive child labor. 4. Parents: Ronald Marciel: 0; Lorna S. 2473. A bill to direct the Secretary of S. 1641 Marciel: deceased; Grace Marciel (step-moth- Veterans Affairs to carry out a pilot pro- At the request of Ms. BALDWIN, the er): 0. gram to provide veterans the option of using name of the Senator from New York 5. Grandparents: Steve Marciel: deceased; an alternative appeals process to more (Mr. SCHUMER) was added as a cospon- Louise Lundy: deceased; Gordon McLellan: quickly determine claims for disability com- deceased; Helen McLellan: deceased. pensation, and for other purposes; to the sor of S. 1641, a bill to improve the use 6. Brothers and Spouses: Michael Marciel: Committee on Veterans’ Affairs. by the Department of Veterans Affairs 0; Keith Marciel deceased. of opioids in treating veterans, to im- 7. Sisters and Spouses: Rhonda Donhowe: 0. f prove patient advocacy by the Depart- ment, and to expand availability of Mr. CORKER. Mr. President, for the SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS complementary and integrative health, Committee on Foreign Relations I re- and for other purposes. port favorably the following nomina- The following concurrent resolutions S. 1944 tion lists which were printed in the and Senate resolutions were read, and At the request of Mr. SULLIVAN, the RECORDs on the dates indicated, and referred (or acted upon), as indicated: name of the Senator from Missouri ask unanimous consent, to save the ex- By Mr. ROBERTS (for himself, Ms. (Mr. BLUNT) was added as a cosponsor pense of reprinting on the Executive STABENOW, Mr. TILLIS, Mrs. ERNST, of S. 1944, a bill to require each agency Calendar that these nominations lie at Mr. COCHRAN, Mr. BENNET, Ms. to repeal or amend 1 or more rules be- the Secretary’s desk for the informa- HEITKAMP, Mr. CASEY, and Mr. fore issuing or amending a rule. tion of Senators. GRASSLEY): S. Res. 349. A resolution congratulating the S. 2021 The PRESIDING OFFICER. Without Farm Credit System on the celebration of its At the request of Mr. BOOKER, the objection, it is so ordered. 100th anniversary; to the Committee on Ag- names of the Senator from Vermont riculture, Nutrition, and Forestry. * Foreign Service nomination of Chris- (Mr. LEAHY) and the Senator from New topher Nairn Steel. By Mr. SHELBY (for himself and Mr. York (Mrs. GILLIBRAND) were added as * Foreign Service nominations beginning SESSIONS): with Christopher Alexander and ending with S. Res. 350. A resolution congratulating the cosponsors of S. 2021, a bill to prohibit Tipten Troidl, which nominations were re- University of Alabama Crimson Tide for win- Federal agencies and Federal contrac- ceived by the Senate and appeared in the ning the 2016 College Football Playoff Na- tors from requesting that an applicant Congressional Record on September 10, 2015. tional Championship; considered and agreed for employment disclose criminal his- * Foreign Service nominations beginning to. tory record information before the ap- with Virginia Lynn Bennett and ending with By Mr. SCOTT (for himself, Mr. ENZI, plicant has received a conditional Susan M. Cleary, which nominations were re- Mrs. FEINSTEIN, Mr. CRUZ, Mr. ALEX- offer, and for other purposes. ceived by the Senate and appeared in the ANDER, Mr. JOHNSON, Mr. CASSIDY, Congressional Record on January 19, 2016. Mr. DAINES, Mr. CORNYN, Mr. VITTER, S. 2144 By Mr. GRASSLEY for the Committee on Mr. TILLIS, Ms. AYOTTE, Mr. HATCH, At the request of Mr. GARDNER, the the Judiciary. Mr. WICKER, Mr. PERDUE, Mr. CRAPO, name of the Senator from Alaska (Mr.

VerDate Sep 11 2014 06:03 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.021 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S347 SULLIVAN) was added as a cosponsor of S. RES. 347 proposed to S. 2012, an original bill to S. 2144, a bill to improve the enforce- At the request of Mr. BOOKER, the provide for the modernization of the ment of sanctions against the Govern- names of the Senator from New Hamp- energy policy of the United States, and ment of North Korea, and for other shire (Mrs. SHAHEEN) and the Senator for other purposes. purposes. from West Virginia (Mr. MANCHIN) were AMENDMENT NO. 3029 S. 2344 added as cosponsors of S. Res. 347, a At the request of Mr. BARRASSO, the At the request of Mr. COTTON, the resolution honoring the memory and name of the Senator from Colorado name of the Senator from South Da- legacy of Anita Ashok Datar and con- (Mr. BENNET) was added as a cosponsor kota (Mr. ROUNDS) was added as a co- demning the terrorist attack in of amendment No. 3029 proposed to S. sponsor of S. 2344, a bill to provide au- Bamako, Mali, on November 20, 2015. 2012, an original bill to provide for the thority for access to certain business AMENDMENT NO. 2954 modernization of the energy policy of records collected under the Foreign In- At the request of Mr. CASSIDY, the the United States, and for other pur- telligence Surveillance Act of 1978 name of the Senator from Pennsyl- poses. prior to November 29, 2015, to make the vania (Mr. TOOMEY) was added as a co- AMENDMENT NO. 3035 authority for roving surveillance, the sponsor of amendment No. 2954 pro- At the request of Mr. MURPHY, the authority to treat individual terrorists posed to S. 2012, an original bill to pro- names of the Senator from Wisconsin as agents of foreign powers, and title vide for the modernization of the en- VII of the Foreign Intelligence Surveil- (Ms. BALDWIN) and the Senator from ergy policy of the United States, and Connecticut (Mr. BLUMENTHAL) were lance Act of 1978 permanent, and to for other purposes. modify the certification requirements added as cosponsors of amendment No. AMENDMENT NO. 2989 for access to telephone toll and trans- 3035 intended to be proposed to S. 2012, actional records by the Federal Bureau At the request of Mr. REED, the name an original bill to provide for the mod- of Investigation, and for other pur- of the Senator from Hawaii (Ms. ernization of the energy policy of the poses. HIRONO) was added as a cosponsor of United States, and for other purposes. amendment No. 2989 intended to be pro- S. 2423 AMENDMENT NO. 3038 posed to S. 2012, an original bill to pro- At the request of Mrs. SHAHEEN, the At the request of Mr. HOEVEN, the name of the Senator from Oregon (Mr. vide for the modernization of the en- names of the Senator from Wisconsin ergy policy of the United States, and MERKLEY) was added as a cosponsor of (Mr. JOHNSON) and the Senator from S. 2423, a bill making appropriations to for other purposes. Missouri (Mr. BLUNT) were added as co- address the heroin and opioid drug AMENDMENT NO. 2990 sponsors of amendment No. 3038 in- abuse epidemic for the fiscal year end- At the request of Mr. REED, the tended to be proposed to S. 2012, an ing September 30, 2016, and for other names of the Senator from Hawaii (Mr. original bill to provide for the mod- purposes. SCHATZ), the Senator from Illinois (Mr. ernization of the energy policy of the S. 2426 DURBIN), the Senator from Connecticut United States, and for other purposes. At the request of Mr. GARDNER, the (Mr. BLUMENTHAL) and the Senator f names of the Senator from New Hamp- from Rhode Island (Mr. WHITEHOUSE) SUBMITTED RESOLUTIONS shire (Mrs. SHAHEEN) and the Senator were added as cosponsors of amend- from California (Mrs. BOXER) were ment No. 2990 intended to be proposed added as cosponsors of S. 2426, a bill to to S. 2012, an original bill to provide for SENATE RESOLUTION 349—CON- direct the Secretary of State to de- the modernization of the energy policy GRATULATING THE FARM CRED- velop a strategy to obtain observer sta- of the United States, and for other pur- IT SYSTEM ON THE CELEBRA- tus for Taiwan in the International poses. TION OF ITS 100TH ANNIVER- Criminal Police Organization, and for At the request of Mr. FRANKEN, his SARY other purposes. name was added as a cosponsor of S. 2452 amendment No. 2990 intended to be pro- Mr. ROBERTS (for himself, Ms. STA- At the request of Mr. MORAN, the posed to S. 2012, supra. BENOW, Mr. TILLIS, Mrs. ERNST, Mr. OCHRAN ENNET EITKAMP name of the Senator from Texas (Mr. AMENDMENT NO. 3002 C , Mr. B , Ms. H , Mr. CASEY, and Mr. GRASSLEY) sub- CRUZ) was added as a cosponsor of S. At the request of Mr. FRANKEN, his 2452, a bill to prohibit the use of funds name was added as a cosponsor of mitted the following resolution; which to make payments to Iran relating to amendment No. 3002 intended to be pro- was referred to the Committee on Agri- the settlement of claims brought be- posed to S. 2012, an original bill to pro- culture, Nutrition, and Forestry: fore the Iran-United States Claims Tri- vide for the modernization of the en- S. RES. 349 bunal until Iran has paid certain com- ergy policy of the United States, and Whereas on July 17, 1916, President Wood- pensatory damages awarded to United for other purposes. row Wilson signed into law the Federal Farm States persons by United States courts. Loan Act (39 Stat. 360, chapter 245), which es- AMENDMENT NO. 3004 tablished the Farm Credit System; S. 2466 At the request of Mrs. GILLIBRAND, Whereas through the enactment of the At the request of Mr. PETERS, the the name of the Senator from Delaware Farm Credit Act of 1971 (12 U.S.C. 2001 et names of the Senator from Delaware (Mr. CARPER) was added as a cosponsor seq.), Congress— (Mr. COONS), the Senator from Vermont of amendment No. 3004 intended to be (1) directed that the Farm Credit System (Mr. LEAHY), the Senator from Con- proposed to S. 2012, an original bill to be designed as a permanent system to sup- necticut (Mr. MURPHY) and the Senator port the well-being and prosperity of rural provide for the modernization of the from Massachusetts (Mr. MARKEY) were communities and agricultural producers of energy policy of the United States, and added as cosponsors of S. 2466, a bill to all types and sizes in the United States; and for other purposes. amend the Safe Water Drinking Act to (2) recognized that a prosperous, produc- authorize the Administrator of the En- AMENDMENT NO. 3005 tive agricultural sector is essential to a free country; vironmental Protection Agency to no- At the request of Mr. MARKEY, the name of the Senator from Connecticut Whereas Congress designed the Farm Cred- tify the public if a State agency and it System as a network of independently (Mr. BLUMENTHAL) was added as a co- public water system are not taking ac- owned cooperatives that are— tion to address a public health risk as- sponsor of amendment No. 3005 in- (1) controlled by borrowers; and sociated with drinking water require- tended to be proposed to S. 2012, an (2) responsive to the individual needs of ments. original bill to provide for the mod- borrowers for credit and financial services; S. 2469 ernization of the energy policy of the Whereas the Farm Credit System plays an important role in the success of United At the request of Mr. BLUMENTHAL, United States, and for other purposes. States agriculture and economic vibrancy of the name of the Senator from Vermont AMENDMENT NO. 3018 rural communities in all 50 States and Puer- (Mr. SANDERS) was added as a cospon- At the request of Mr. ALEXANDER, the to Rico; sor of S. 2469, a bill to repeal the Pro- name of the Senator from Connecticut Whereas the Farm Credit System actively tection of Lawful Commerce in Arms (Mr. MURPHY) was added as a cosponsor supports the next generation of agricultural Act. of amendment No. 3018 intended to be producers—

VerDate Sep 11 2014 03:40 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.024 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S348 CONGRESSIONAL RECORD — SENATE January 28, 2016 (1) by annually providing billions of dollars and Reggie Ragland as first-team All-Ameri- Resolved, That the Senate— for loans to young and beginning farmers cans; (1) designates the week of January 24 and ranchers; and Whereas the leadership and vision of Head through January 30, 2016, as ‘‘National (2) through ongoing financial support for Coach Nick Saban has propelled the Univer- School Choice Week’’; organizations such as 4-H and the Future sity of Alabama back to the pinnacle of col- (2) congratulates students, parents, teach- Farmers of America; and lege football; ers, and school leaders from K–12 education Whereas Congress has provided for— Whereas Chancellor Robert Witt, President environments of all varieties for their per- (1) the appropriate safety and soundness Stuart Bell, and Athletic Director Bill Bat- sistence, achievements, dedication, and con- oversight of the Farm Credit System tle have emphasized the importance of aca- tributions to society in the United States; through the Farm Credit Administration, an demic success to the Crimson Tide football (3) encourages all parents, during National independent Federal agency, the operating team and to all student-athletes at the Uni- School Choice Week, to learn more about the costs of which are funded by the Farm Credit versity of Alabama; and education options available to them; and System; and Whereas the Crimson Tide football team (4) encourages the people of the United (2) the protection of investors in Farm has brought great pride and honor to the States to hold appropriate programs, events, Credit System bonds through the Farm Cred- University of Alabama, the loyal fans of the and activities during National School Choice it System Insurance Corporation, funded by Crimson Tide, and the entire State of Ala- Week to raise public awareness of the bene- premiums paid by the Farm Credit System: bama: Now, therefore, be it fits of opportunity in education. Now, therefore, be it Resolved, That the Senate— Resolved, That the Senate— (1) congratulates the University of Ala- f (1) congratulates the Farm Credit System bama Crimson Tide for winning the 2016 Col- SENATE RESOLUTION 352—COM- on the celebration of the 100th anniversary lege Football Playoff National Championship MEMORATING THE 30TH ANNI- of its founding; and Game; VERSARY OF THE LOSS OF THE (2) commends the continued service of co- (2) recognizes the achievements of all the operative owners and employees of the Farm players, coaches, and staff who contributed SPACE SHUTTLE CHALLENGER Credit System to help meet the credit and fi- to the championship season; and AND OF TEACHER IN SPACE S. nancial services needs of rural communities (3) requests that the Secretary of the Sen- CHRISTA MCAULIFFE OF CON- and agriculture. ate prepare an official copy of this resolution CORD, NEW HAMPSHIRE f for presentation to— (A) the President of the University of Ala- Ms. AYOTTE (for herself, Mrs. SHA- SENATE RESOLUTION 350—CON- bama, Dr. Stuart Bell; HEEN, Mr. NELSON, Mr. THUNE, Mr. GRATULATING THE UNIVERSITY (B) the Athletic Director of the University CRUZ, Ms. MIKULSKI, Mr. SCHATZ, and OF ALABAMA CRIMSON TIDE of Alabama, Bill Battle; and Mr. PETERS) submitted the following FOR WINNING THE 2016 COLLEGE (C) the Head Coach of the University of resolution; which was considered and FOOTBALL PLAYOFF NATIONAL Alabama Crimson Tide football team, Nick agreed to: Saban. CHAMPIONSHIP S. RES. 352 f Mr. SHELBY (for himself and Mr. Whereas, on January 28, 1986, the 7 crew SESSIONS) submitted the following res- SENATE RESOLUTION 351—DESIG- members of the Space Shuttle Challenger, olution; which was considered and NATING THE WEEK OF JANUARY Commander Francis R. Scobee, Pilot Mi- 24 THROUGH JANUARY 30, 2016, chael J. Smith, Mission Specialist Ellison S. agreed to: Onizuka, Mission Specialist Ronald E. S. RES. 350 AS ‘‘NATIONAL SCHOOL CHOICE WEEK’’ McNair, Mission Specialist Judith A. Resnik, Whereas the University of Alabama Crim- Payload Specialist Gregory B. Jarvis, and son Tide won the 2016 College Football Play- Mr. SCOTT (for himself, Mr. ENZI, Teacher in Space and Payload Specialist S. off National Championship, defeating the Mrs. FEINSTEIN, Mr. CRUZ, Mr. ALEX- Christa McAuliffe, were killed in a tragic ex- Clemson University Fighting Tigers by a ANDER, Mr. JOHNSON, Mr. CASSIDY, Mr. plosion shortly after liftoff; score of 45-40 at the University of Phoenix DAINES, Mr. CORNYN, Mr. VITTER, Mr. Whereas, for as long as there has been Stadium in Glendale, Arizona on January 11, TILLIS, Ms. AYOTTE, Mr. HATCH, Mr. human consciousness, human beings have 2016; looked to the stars in curiosity, delight, and WICKER, Mr. PERDUE, Mr. CRAPO, Mr. Whereas this victory marks the fourth col- awe; GARDNER, Mr. BOOKER, and Mr. lege football national championship in the Whereas, throughout the course of human last 7 years for the University of Alabama LANKFORD) submitted the following history, humankind was Earth-bound, yet and the 16th national championship overall; resolution; which was considered and spoke of visiting the celestial bodies; Whereas the 2016 College Football Playoff agreed to: Whereas the foundation and development National Championship Game was the 64th S. RES. 351 of the United States were driven by a pio- postseason bowl appearance and the 36th Whereas providing a diversity of choices in neering spirit; bowl victory for the University of Alabama, K–12 education empowers parents to select Whereas reaching out into space exhibits both of which extend existing National Colle- education environments that meet the indi- the strength of the human capacity to engi- giate Athletic Association records held by vidual needs and strengths of their children; neer and persevere; the University of Alabama; Whereas high-quality K–12 education envi- Whereas the people of the United States Whereas running back Derrick Henry ronments of all varieties are available in the who have journeyed into space have personi- rushed for 158 yards and scored 3 touch- United States, including traditional public fied the national pride of the United States; downs; schools, public charter schools, public mag- Whereas, in 1986, a crew of individuals rep- Whereas running back Kenyan Drake re- net schools, private schools, online acad- resenting the best of the United States turned a kickoff 95 yards for a touchdown; emies, and home schooling; stepped forward to ride a rocket into space, Whereas safety Eddie Jackson made 3 Whereas talented teachers and school lead- knowing that explorers throughout the ages tackles and a key interception, earning the ers in each of the education environments have put the need for knowledge above their award for Defensive Player of the Game; prepare children to achieve their dreams; own welfare; Whereas tight end O.J. Howard caught 5 Whereas more families than ever before in Whereas, on January 28, 1986, the United passes for a career-high 208 yards and 2 the United States actively choose the best States cried out in grief at the loss of those touchdowns, earning the award for Offensive education for their children; 7 most brave voyagers; Player of the Game; Whereas more public awareness of the Whereas Christa McAuliffe, a teacher with Whereas quarterback Jake Coker finished issue of parental choice in education can in- an infectious spirit and tremendous bravery, with 335 passing yards and 2 touchdowns; form additional families of the benefits of not content to make the world her class- Whereas, in 2015, Derrick Henry was award- proactively choosing challenging, moti- room, prepared to expand her schoolroom to ed the Doak Walker Award as the best run- vating, and effective education environments the stars; ning back in the United States and the for their children; Whereas Christa McAuliffe, through her Heisman Trophy and the Maxwell Award as Whereas the process by which parents educational endeavor, sought to inspire the best overall player in college football; choose schools for their children is non- adults and children alike by pushing the Whereas offensive lineman Ryan Kelly was political, nonpartisan, and deserves the ut- bounds of the human experience and by rous- awarded the 2015 Rimington Trophy as the most respect; and ing all people to imagine the most of human top center in the United States; Whereas hundreds of organizations, more potential; Whereas the offensive line of the Crimson than 9,000 schools, and millions of individ- Whereas the McAuliffe-Shepard Discovery Tide won the 2015 Joe Moore Award, awarded uals in the United States celebrate the bene- Center in Concord, New Hampshire is a liv- to the top offensive line in the United fits of educational choice during the 6th an- ing memorial to embody the legacy of this States; nual National School Choice Week, held the intrepid woman; and Whereas, in 2015, the Associated Press rec- week of January 24 through January 30, 2016: Whereas January 28, 2016, is a day on which ognized Derrick Henry, A’Shawn Robinson, Now, therefore, be it the people of the United States should pause

VerDate Sep 11 2014 03:40 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.026 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S349 to remember those pioneers who lost their SA 3055. Mr. FLAKE (for himself and Mr. to be proposed to amendment SA 2953 pro- lives 30 years ago: Now, therefore, be it MCCAIN) submitted an amendment intended posed by Ms. MURKOWSKI to the bill S. 2012, Resolved, That the Senate— to be proposed to amendment SA 2953 pro- supra; which was ordered to lie on the table. (1) recognizes the 30th anniversary of the posed by Ms. MURKOWSKI to the bill S. 2012, SA 3072. Mr. DONNELLY (for himself, Mr. loss of the Space Shuttle Challenger; supra; which was ordered to lie on the table. GRASSLEY, Mrs. FISCHER, Mr. THUNE, Mrs. (2) encourages the people of the United SA 3056. Mr. FLAKE (for himself, Mrs. MCCASKILL, Ms. BALDWIN, Mr. KIRK, Ms. States to preserve the legacy of the crew of MCCASKILL, and Mr. BOOKER) submitted an HEITKAMP, Ms. KLOBUCHAR, and Mr. the Challenger; and amendment intended to be proposed to FRANKEN) submitted an amendment intended (3) recognizes the inspiration provided by a amendment SA 2953 proposed by Ms. MUR- to be proposed by him to the bill S. 2012, teacher for all Earth, Christa McAuliffe. KOWSKI to the bill S. 2012, supra; which was supra; which was ordered to lie on the table. f ordered to lie on the table. SA 3073. Mr. KING (for himself, Ms. STABE- SA 3057. Mr. FLAKE (for himself and Mrs. NOW, and Mr. FRANKEN) submitted an amend- AMENDMENTS SUBMITTED AND FEINSTEIN) submitted an amendment in- ment intended to be proposed to amendment PROPOSED tended to be proposed to amendment SA 2953 SA 2953 proposed by Ms. MURKOWSKI to the SA 3042. Mr. ISAKSON (for himself, Mr. proposed by Ms. MURKOWSKI to the bill S. bill S. 2012, supra; which was ordered to lie 2012, supra; which was ordered to lie on the on the table. BENNET, Mr. PORTMAN, and Mrs. SHAHEEN) SA 3074. Mr. BLUNT (for himself and Mrs. submitted an amendment intended to be pro- table. SA 3058. Mr. BLUNT (for himself, Mr. CAPITO) submitted an amendment intended posed to amendment SA 2953 proposed by Ms. INHOFE, and Mr. LANKFORD) submitted an to be proposed to amendment SA 2953 pro- MURKOWSKI to the bill S. 2012, to provide for amendment intended to be proposed to posed by Ms. MURKOWSKI to the bill S. 2012, the modernization of the energy policy of the amendment SA 2953 proposed by Ms. MUR- supra; which was ordered to lie on the table. United States, and for other purposes; which KOWSKI to the bill S. 2012, supra; which was SA 3075. Mr. VITTER submitted an amend- was ordered to lie on the table. SA 3043. Mr. HELLER (for himself, Mr. ordered to lie on the table. ment intended to be proposed to amendment SA 3059. Mr. BOOZMAN (for himself and SA 2953 proposed by Ms. MURKOWSKI to the HEINRICH, Mr. RISCH, Mr. WYDEN, Mr. UDALL, Mr. COTTON) submitted an amendment in- bill S. 2012, supra; which was ordered to lie Mr. TESTER, Mr. BENNET, Mr. DAINES, and tended to be proposed to amendment SA 2953 on the table. Mr. GARDNER) submitted an amendment in- SA 3076. Mr. JOHNSON submitted an tended to be proposed to amendment SA 2953 proposed by Ms. MURKOWSKI to the bill S. 2012, supra; which was ordered to lie on the amendment intended to be proposed to proposed by Ms. MURKOWSKI to the bill S. amendment SA 2953 proposed by Ms. MUR- 2012, supra; which was ordered to lie on the table. SA 3060. Mr. BOOZMAN (for himself, Mr. KOWSKI to the bill S. 2012, supra; which was table. SA 3044. Mr. MANCHIN submitted an COTTON, Mr. BLUNT, and Mr. ALEXANDER) ordered to lie on the table. amendment intended to be proposed to submitted an amendment intended to be pro- SA 3077. Mr. ROBERTS (for himself and posed to amendment SA 2953 proposed by Ms. Mr. BOOZMAN) submitted an amendment in- amendment SA 2953 proposed by Ms. MUR- MURKOWSKI to the bill S. 2012, supra; which tended to be proposed to amendment SA 2953 KOWSKI to the bill S. 2012, supra; which was ordered to lie on the table. was ordered to lie on the table. proposed by Ms. MURKOWSKI to the bill S. SA 3045. Mr. ENZI (for himself, Mr. HATCH, SA 3061. Mrs. CAPITO (for herself and Mr. 2012, supra; which was ordered to lie on the and Mr. BARRASSO) submitted an amendment MANCHIN) submitted an amendment intended table. intended to be proposed to amendment SA to be proposed to amendment SA 2953 pro- SA 3078. Mr. ROBERTS submitted an amendment intended to be proposed to 2953 proposed by Ms. MURKOWSKI to the bill posed by Ms. MURKOWSKI to the bill S. 2012, S. 2012, supra; which was ordered to lie on supra; which was ordered to lie on the table. amendment SA 2953 proposed by Ms. MUR- the table. SA 3062. Mrs. CAPITO submitted an KOWSKI to the bill S. 2012, supra; which was SA 3046. Mr. HATCH submitted an amend- amendment intended to be proposed to ordered to lie on the table. ment intended to be proposed to amendment amendment SA 2953 proposed by Ms. MUR- SA 3079. Mr. MCCAIN submitted an amend- SA 2953 proposed by Ms. MURKOWSKI to the KOWSKI to the bill S. 2012, supra; which was ment intended to be proposed to amendment bill S. 2012, supra; which was ordered to lie ordered to lie on the table. SA 2953 proposed by Ms. MURKOWSKI to the on the table. SA 3063. Mrs. CAPITO (for herself and Mr. bill S. 2012, supra; which was ordered to lie SA 3047. Mr. FLAKE submitted an amend- MANCHIN) submitted an amendment intended on the table. ment intended to be proposed to amendment to be proposed to amendment SA 2953 pro- SA 3080. Mr. VITTER submitted an amend- SA 2953 proposed by Ms. MURKOWSKI to the posed by Ms. MURKOWSKI to the bill S. 2012, ment intended to be proposed to amendment bill S. 2012, supra; which was ordered to lie supra. SA 2953 proposed by Ms. MURKOWSKI to the on the table. SA 3064. Ms. HIRONO submitted an amend- bill S. 2012, supra; which was ordered to lie SA 3048. Mr. FLAKE submitted an amendment intended to be proposed to amendment on the table. ment intended to be proposed to amendment SA 2953 proposed by Ms. MURKOWSKI to the SA 3081. Mr. LEE submitted an amendment SA 2953 proposed by Ms. MURKOWSKI to the bill S. 2012, supra; which was ordered to lie intended to be proposed to amendment SA bill S. 2012, supra; which was ordered to lie on the table. 2953 proposed by Ms. MURKOWSKI to the bill on the table. SA 3065. Ms. HIRONO submitted an amend- S. 2012, supra; which was ordered to lie on SA 3049. Mr. FLAKE submitted an amendment intended to be proposed to amendment the table. ment intended to be proposed to amendment SA 2953 proposed by Ms. MURKOWSKI to the SA 3082. Mr. BARRASSO (for himself, Mr. SA 2953 proposed by Ms. MURKOWSKI to the bill S. 2012, supra; which was ordered to lie ENZI, Mr. INHOFE, Mr. DAINES, Mr. BLUNT, bill S. 2012, supra; which was ordered to lie on the table. Mr. GARDNER, Mr. HATCH, and Mr. LEE) sub- on the table. SA 3066. Ms. HIRONO submitted an amend- mitted an amendment intended to be pro- SA 3050. Mr. FLAKE submitted an amendment intended to be proposed to amendment posed to amendment SA 2953 proposed by Ms. ment intended to be proposed to amendment SA 2953 proposed by Ms. MURKOWSKI to the MURKOWSKI to the bill S. 2012, supra; which SA 2953 proposed by Ms. MURKOWSKI to the bill S. 2012, supra; which was ordered to lie was ordered to lie on the table. bill S. 2012, supra; which was ordered to lie on the table. SA 3083. Mr. BARRASSO (for himself, Mr. on the table. SA 3067. Ms. HIRONO submitted an amend- ENZI, Mr. INHOFE, Mr. DAINES, Mr. BLUNT, SA 3051. Mr. FLAKE submitted an amendment intended to be proposed to amendment Mr. GARDNER, Mr. HATCH, and Mr. LEE) sub- ment intended to be proposed to amendment SA 2953 proposed by Ms. MURKOWSKI to the mitted an amendment intended to be pro- SA 2953 proposed by Ms. MURKOWSKI to the bill S. 2012, supra. posed to amendment SA 2953 proposed by Ms. bill S. 2012, supra; which was ordered to lie SA 3068. Ms. HIRONO (for herself and Mr. MURKOWSKI to the bill S. 2012, supra; which on the table. BROWN) submitted an amendment intended was ordered to lie on the table. SA 3052. Mr. FLAKE (for himself, Mr. to be proposed to amendment SA 2953 pro- SA 3084. Mr. MERKLEY (for himself and MCCAIN, Mr. LANKFORD, and Mr. SESSIONS) posed by Ms. MURKOWSKI to the bill S. 2012, Mr. WYDEN) submitted an amendment in- submitted an amendment intended to be pro- supra; which was ordered to lie on the table. tended to be proposed to amendment SA 2953 posed to amendment SA 2953 proposed by Ms. SA 3069. Mr. HEINRICH (for himself and proposed by Ms. MURKOWSKI to the bill S. MURKOWSKI to the bill S. 2012, supra; which Mr. UDALL) submitted an amendment in- 2012, supra; which was ordered to lie on the was ordered to lie on the table. tended to be proposed to amendment SA 2953 table. SA 3053. Mr. FLAKE submitted an amend- proposed by Ms. MURKOWSKI to the bill S. SA 3085. Mr. WARNER (for himself and Mr. ment intended to be proposed to amendment 2012, supra; which was ordered to lie on the KAINE) submitted an amendment intended to SA 2953 proposed by Ms. MURKOWSKI to the table. be proposed to amendment SA 2953 proposed bill S. 2012, supra; which was ordered to lie SA 3070. Mr. MORAN submitted an amend- by Ms. MURKOWSKI to the bill S. 2012, supra; on the table. ment intended to be proposed to amendment which was ordered to lie on the table. SA 3054. Mr. FLAKE (for himself, Mr. BEN- SA 2953 proposed by Ms. MURKOWSKI to the SA 3086. Mr. MURPHY (for himself and Mr. NET, Mr. MCCAIN, and Mr. ALEXANDER) sub- bill S. 2012, supra; which was ordered to lie ALEXANDER) submitted an amendment in- mitted an amendment intended to be pro- on the table. tended to be proposed to amendment SA 2953 posed to amendment SA 2953 proposed by Ms. SA 3071. Mr. MORAN (for himself, Mr. proposed by Ms. MURKOWSKI to the bill S. MURKOWSKI to the bill S. 2012, supra; which COONS, Mr. GARDNER, Ms. STABENOW, and Mr. 2012, supra; which was ordered to lie on the was ordered to lie on the table. BENNET) submitted an amendment intended table.

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SA 3087. Mr. MERKLEY submitted an SA 3103. Mr. MENENDEZ submitted an SA 2953 proposed by Ms. MURKOWSKI to the amendment intended to be proposed to amendment intended to be proposed to bill S. 2012, supra; which was ordered to lie amendment SA 2953 proposed by Ms. MUR- amendment SA 2953 proposed by Ms. MUR- on the table. KOWSKI to the bill S. 2012, supra; which was KOWSKI to the bill S. 2012, supra; which was SA 3120. Mr. KING (for himself and Mr. ordered to lie on the table. ordered to lie on the table. REID) submitted an amendment intended to SA 3088. Ms. KLOBUCHAR (for herself, Mr. SA 3104. Mr. MENENDEZ (for himself, Ms. be proposed to amendment SA 2953 proposed SCHUMER, Mr. CASEY, Mr. BLUMENTHAL, Mr. WARREN, Mr. BOOKER, Ms. MIKULSKI, Mr. by Ms. MURKOWSKI to the bill S. 2012, supra; MENENDEZ, and Mr. FRANKEN) submitted an MARKEY, Mr. BLUMENTHAL, Mr. SANDERS, Mr. which was ordered to lie on the table. amendment intended to be proposed to WHITEHOUSE, Mr. NELSON, and Mr. CARDIN) SA 3121. Mr. HEINRICH (for himself and amendment SA 2953 proposed by Ms. MUR- submitted an amendment intended to be pro- Mr. BENNET) submitted an amendment in- KOWSKI to the bill S. 2012, supra; which was posed to amendment SA 2953 proposed by Ms. tended to be proposed to amendment SA 2953 ordered to lie on the table. MURKOWSKI to the bill S. 2012, supra; which proposed by Ms. MURKOWSKI to the bill S. SA 3089. Ms. KLOBUCHAR (for herself, Mr. was ordered to lie on the table. 2012, supra; which was ordered to lie on the HOEVEN, and Ms. BALDWIN) submitted an SA 3105. Mr. MENENDEZ (for himself, Mr. table. amendment intended to be proposed to MARKEY, Ms. MIKULSKI, Mr. WHITEHOUSE, Mr. SA 3122. Mr. HEINRICH (for himself and amendment SA 2953 proposed by Ms. MUR- MERKLEY, Mrs. MURRAY, Mr. NELSON, Mr. Mr. BOOKER) submitted an amendment in- KOWSKI to the bill S. 2012, supra; which was LEAHY, Mr. CARDIN, Mrs. BOXER, Ms. KLO- tended to be proposed to amendment SA 2953 ordered to lie on the table. BUCHAR, and Mr. FRANKEN) submitted an proposed by Ms. MURKOWSKI to the bill S. SA 3090. Ms. KLOBUCHAR (for herself and amendment intended to be proposed to 2012, supra; which was ordered to lie on the Mr. TILLIS) submitted an amendment in- amendment SA 2953 proposed by Ms. MUR- table. tended to be proposed to amendment SA 2953 KOWSKI to the bill S. 2012, supra; which was SA 3123. Mr. HEINRICH (for himself, Mr. proposed by Ms. MURKOWSKI to the bill S. ordered to lie on the table. WHITEHOUSE, Mr. UDALL, Ms. WARREN, Mr. 2012, supra; which was ordered to lie on the SA 3106. Mr. CASSIDY (for himself, Mr. FRANKEN, and Mr. KING) submitted an table. CORNYN, and Mr. VITTER) submitted an amendment intended to be proposed to SA 3091. Ms. KLOBUCHAR submitted an amendment intended to be proposed to amendment SA 2953 proposed by Ms. MUR- amendment intended to be proposed to amendment SA 2953 proposed by Ms. MUR- KOWSKI to the bill S. 2012, supra; which was amendment SA 2953 proposed by Ms. MUR- KOWSKI to the bill S. 2012, supra; which was ordered to lie on the table. KOWSKI to the bill S. 2012, supra; which was ordered to lie on the table. SA 3124. Mr. HEINRICH submitted an ordered to lie on the table. SA 3107. Ms. BALDWIN submitted an amendment intended to be proposed to SA 3092. Mrs. GILLIBRAND submitted an amendment intended to be proposed to amendment SA 2953 proposed by Ms. MUR- amendment intended to be proposed to amendment SA 2953 proposed by Ms. MUR- KOWSKI to the bill S. 2012, supra; which was amendment SA 2953 proposed by Ms. MUR- KOWSKI to the bill S. 2012, supra; which was ordered to lie on the table. KOWSKI to the bill S. 2012, supra; which was ordered to lie on the table. SA 3125. Mr. WHITEHOUSE (for himself, ordered to lie on the table. SA 3108. Mr. WYDEN (for himself and Mr. Mr. MARKEY, Mr. DURBIN, Mr. SANDERS, Mrs. SA 3093. Mr. NELSON submitted an amend- CRAPO) submitted an amendment intended to SHAHEEN, Ms. BALDWIN, Mr. LEAHY, Mr. MUR- ment intended to be proposed to amendment be proposed by him to the bill S. 2012, supra; PHY, Mr. BLUMENTHAL, and Mr. MENENDEZ) SA 2953 proposed by Ms. MURKOWSKI to the which was ordered to lie on the table. submitted an amendment intended to be pro- bill S. 2012, supra; which was ordered to lie SA 3109. Mr. FRANKEN submitted an posed to amendment SA 2953 proposed by Ms. on the table. amendment intended to be proposed to MURKOWSKI to the bill S. 2012, supra; which SA 3094. Mr. NELSON submitted an amend- amendment SA 2953 proposed by Ms. MUR- ment intended to be proposed to amendment was ordered to lie on the table. KOWSKI to the bill S. 2012, supra; which was SA 3126. Mr. LEE (for himself and Mr. SA 2953 proposed by Ms. MURKOWSKI to the ordered to lie on the table. FLAKE) submitted an amendment intended to bill S. 2012, supra; which was ordered to lie SA 3110. Mr. FRANKEN submitted an be proposed to amendment SA 2953 proposed on the table. amendment intended to be proposed to by Ms. MURKOWSKI to the bill S. 2012, supra; SA 3095. Mr. DURBIN (for himself and Mr. amendment SA 2953 proposed by Ms. MUR- which was ordered to lie on the table. ALEXANDER) submitted an amendment in- KOWSKI to the bill S. 2012, supra; which was SA 3127. Mr. LEE (for himself and Mr. tended to be proposed to amendment SA 2953 ordered to lie on the table. FLAKE) submitted an amendment intended to proposed by Ms. MURKOWSKI to the bill S. SA 3111. Mr. FRANKEN submitted an be proposed to amendment SA 2953 proposed 2012, supra; which was ordered to lie on the amendment intended to be proposed to by Ms. MURKOWSKI to the bill S. 2012, supra; table. amendment SA 2953 proposed by Ms. MUR- which was ordered to lie on the table. SA 3096. Mr. COONS submitted an amend- KOWSKI to the bill S. 2012, supra; which was SA 3128. Mr. BOOZMAN submitted an ment intended to be proposed to amendment ordered to lie on the table. SA 2953 proposed by Ms. MURKOWSKI to the SA 3112. Mr. FRANKEN submitted an amendment intended to be proposed to bill S. 2012, supra; which was ordered to lie amendment intended to be proposed to amendment SA 2953 proposed by Ms. MUR- KOWSKI to the bill S. 2012, supra; which was on the table. amendment SA 2953 proposed by Ms. MUR- ordered to lie on the table. SA 3097. Mr. COONS submitted an amend- KOWSKI to the bill S. 2012, supra; which was SA 3129. Ms. STABENOW (for herself and ment intended to be proposed to amendment ordered to lie on the table. SA 2953 proposed by Ms. MURKOWSKI to the SA 3113. Mr. FRANKEN submitted an Mr. PETERS) submitted an amendment in- bill S. 2012, supra; which was ordered to lie amendment intended to be proposed to tended to be proposed to amendment SA 2953 on the table. amendment SA 2953 proposed by Ms. MUR- proposed by Ms. MURKOWSKI to the bill S. SA 3098. Mr. COONS submitted an amend- KOWSKI to the bill S. 2012, supra; which was 2012, supra; which was ordered to lie on the ment intended to be proposed to amendment ordered to lie on the table. table. SA 2953 proposed by Ms. MURKOWSKI to the SA 3114. Mr. FRANKEN submitted an SA 3130. Mr. WARNER (for himself and Mr. bill S. 2012, supra; which was ordered to lie amendment intended to be proposed by him MANCHIN) submitted an amendment intended on the table. to the bill S. 2012, supra; which was ordered to be proposed by him to the bill S. 2012, SA 3099. Mr. COONS submitted an amend- to lie on the table. supra; which was ordered to lie on the table. ment intended to be proposed to amendment SA 3115. Mr. FRANKEN (for himself, Mr. SA 3131. Mr. MERKLEY submitted an SA 2953 proposed by Ms. MURKOWSKI to the HEINRICH, Ms. WARREN, and Mr. SANDERS) amendment intended to be proposed to bill S. 2012, supra; which was ordered to lie submitted an amendment intended to be pro- amendment SA 2953 proposed by Ms. MUR- on the table. posed to amendment SA 2953 proposed by Ms. KOWSKI to the bill S. 2012, supra; which was SA 3100. Ms. WARREN (for herself, Mr. MURKOWSKI to the bill S. 2012, supra; which ordered to lie on the table. BLUMENTHAL, Mr. SCHUMER, Mr. MENENDEZ, was ordered to lie on the table. SA 3132. Mr. CARDIN submitted an amend- Mr. MURPHY, Mr. NELSON, and Mrs. GILLI- SA 3116. Mrs. FEINSTEIN submitted an ment intended to be proposed to amendment BRAND) submitted an amendment intended to amendment intended to be proposed to SA 2953 proposed by Ms. MURKOWSKI to the be proposed to amendment SA 2953 proposed amendment SA 2953 proposed by Ms. MUR- bill S. 2012, supra; which was ordered to lie by Ms. MURKOWSKI to the bill S. 2012, supra; KOWSKI to the bill S. 2012, supra; which was on the table. which was ordered to lie on the table. ordered to lie on the table. SA 3133. Ms. HIRONO submitted an amend- SA 3101. Mr. UDALL (for himself, Mr. BEN- SA 3117. Mr. MARKEY submitted an ment intended to be proposed to amendment NET, Mr. HEINRICH, Ms. HIRONO, Mr. MARKEY, amendment intended to be proposed to SA 2953 proposed by Ms. MURKOWSKI to the and Mr. WHITEHOUSE) submitted an amend- amendment SA 2953 proposed by Ms. MUR- bill S. 2012, supra; which was ordered to lie ment intended to be proposed to amendment KOWSKI to the bill S. 2012, supra; which was on the table. SA 2953 proposed by Ms. MURKOWSKI to the ordered to lie on the table. SA 3134. Mr. COONS (for himself, Mr. REED, bill S. 2012, supra; which was ordered to lie SA 3118. Mr. HATCH submitted an amend- Mrs. SHAHEEN, and Ms. COLLINS) submitted on the table. ment intended to be proposed to amendment an amendment intended to be proposed to SA 3102. Mr. UDALL submitted an amend- SA 2953 proposed by Ms. MURKOWSKI to the amendment SA 2953 proposed by Ms. MUR- ment intended to be proposed to amendment bill S. 2012, supra; which was ordered to lie KOWSKI to the bill S. 2012, supra; which was SA 2953 proposed by Ms. MURKOWSKI to the on the table. ordered to lie on the table. bill S. 2012, supra; which was ordered to lie SA 3119. Mr. DAINES submitted an amend- SA 3135. Mrs. MCCASKILL submitted an on the table. ment intended to be proposed to amendment amendment intended to be proposed to

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amendment SA 2953 proposed by Ms. MUR- (5) SERVICING.—The term ‘‘servicing’’ has vided to the appraiser to estimate the energy KOWSKI to the bill S. 2012, supra; which was the meaning given the term in section 6(i) of efficiency of the subject property and for po- ordered to lie on the table. the Real Estate Settlement Procedures Act tential adjustments for energy efficiency. SA 3136. Mr. MENENDEZ (for himself, Ms. of 1974 (12 U.S.C. 2605(i)). (d) REQUIRED DISCLOSURE TO CONSUMER FOR COLLINS, and Ms. KLOBUCHAR) submitted an SEC. 1502. ENHANCED ENERGY EFFICIENCY UN- A HOME WITH AN ENERGY EFFICIENCY RE- amendment intended to be proposed to DERWRITING CRITERIA. PORT.—If an energy efficiency report is used amendment SA 2953 proposed by Ms. MUR- (a) IN GENERAL.—Not later than 1 year under subsection (b), the guidelines to be KOWSKI to the bill S. 2012, supra; which was after the date of enactment of this Act, the issued under subsection (a) shall require the ordered to lie on the table. Secretary of Housing and Urban Develop- mortgagee to— SA 3137. Mr. UDALL (for himself and Mr. ment shall, in consultation with the advi- (1) inform the loan applicant of the ex- HEINRICH) submitted an amendment intended sory group established in section 1505(b), de- pected energy costs as estimated in the en- to be proposed to amendment SA 2953 pro- velop and issue guidelines for the Federal ergy efficiency report, in a manner and at a posed by Ms. MURKOWSKI to the bill S. 2012, Housing Administration to implement en- time as prescribed by the Secretary of Hous- supra; which was ordered to lie on the table. hanced loan eligibility requirements, for use ing and Urban Development, and if prac- SA 3138. Mrs. SHAHEEN (for herself and when testing the ability of a loan applicant ticable, in the documents delivered at the Ms. COLLINS) submitted an amendment in- to repay a covered loan, that account for the time of loan application; and tended to be proposed by her to the bill S. expected energy cost savings for a loan appli- (2) include the energy efficiency report in 2012, supra; which was ordered to lie on the cant at a subject property, in the manner set the documentation for the loan provided to table. forth in subsections (b) and (c). the borrower. SA 3139. Mr. COATS (for himself, Mr. (b) REQUIREMENTS TO ACCOUNT FOR ENERGY (e) REQUIRED DISCLOSURE TO CONSUMER FOR MANCHIN, and Mrs. CAPITO) submitted an COST SAVINGS.—The enhanced loan eligi- A HOME WITHOUT AN ENERGY EFFICIENCY RE- amendment intended to be proposed to bility requirements under subsection (a) PORT.—If an energy efficiency report is not amendment SA 2953 proposed by Ms. MUR- shall require that, for all covered loans for used under subsection (b), the guidelines to KOWSKI to the bill S. 2012, supra; which was which an energy efficiency report is volun- be issued under subsection (a) shall require ordered to lie on the table. tarily provided to the mortgagee by the the mortgagee to inform the loan applicant SA 3140. Ms. COLLINS (for herself, Ms. mortgagor, the Federal Housing Administra- in a manner and at a time as prescribed by KLOBUCHAR, and Mr. KING) submitted an tion and the mortgagee shall take into con- the Secretary of Housing and Urban Develop- amendment intended to be proposed to sideration the estimated energy cost savings ment, and if practicable, in the documents amendment SA 2953 proposed by Ms. MUR- expected for the owner of the subject prop- delivered at the time of loan application of— KOWSKI to the bill S. 2012, supra; which was erty in determining whether the loan appli- (1) typical energy cost savings that would ordered to lie on the table. cant has sufficient income to service the be possible from a cost-effective energy up- SA 3141. Mr. THUNE submitted an amend- mortgage debt plus other regular expenses. grade of a home of the size and in the region ment intended to be proposed to amendment To the extent that the Federal Housing Ad- of the subject property; SA 2953 proposed by Ms. MURKOWSKI to the ministration uses a test such as a debt-to-in- (2) the impact the typical energy cost sav- bill S. 2012, supra; which was ordered to lie come test that includes certain regular ex- ings would have on monthly ownership costs on the table. penses, such as hazard insurance and prop- of a typical home; SA 3142. Mr. THUNE submitted an amend- erty taxes, the expected energy cost savings (3) the impact on the size of a mortgage ment intended to be proposed to amendment shall be included as an offset to these ex- that could be obtained if the typical energy SA 2953 proposed by Ms. MURKOWSKI to the penses. Energy costs to be assessed include cost savings were reflected in an energy effi- bill S. 2012, supra; which was ordered to lie the cost of electricity, natural gas, oil, and ciency report; and on the table. any other fuel regularly used to supply en- (4) resources for improving the energy effi- f ergy to the subject property. ciency of a home. (c) DETERMINATION OF ESTIMATED ENERGY (f) PRICING OF LOANS.— TEXT OF AMENDMENTS COST SAVINGS.— (1) IN GENERAL.—The Federal Housing Ad- SA 3042. Mr. ISAKSON (for himself, (1) IN GENERAL.—The guidelines to be ministration may price covered loans origi- issued under subsection (a) shall include in- Mr. BENNET, Mr. PORTMAN, and Mrs. nated under the enhanced loan eligibility re- structions for the Federal Housing Adminis- quirements required under this section in ac- SHAHEEN) submitted an amendment in- tration to calculate estimated energy cost tended to be proposed to amendment cordance with the estimated risk of the savings using— loans. SA 2953 proposed by Ms. MURKOWSKI to (A) the energy efficiency report; (2) IMPOSITION OF CERTAIN MATERIAL COSTS, the bill S. 2012, to provide for the mod- (B) an estimate of baseline average energy IMPEDIMENTS, OR PENALTIES.—In the absence ernization of the energy policy of the costs; and of a publicly disclosed analysis that dem- United States, and for other purposes; (C) additional sources of information as de- onstrates significant additional default risk which was ordered to lie on the table; termined by the Secretary of Housing and or prepayment risk associated with the as follows: Urban Development. loans, the Federal Housing Administration (2) REPORT REQUIREMENTS.—For the pur- At the end of title I, add the following: shall not impose material costs, impedi- poses of paragraph (1), an energy efficiency ments, or penalties on covered loans merely Subtitle F—Housing report shall— because the loan uses an energy efficiency SEC. 1501. DEFINITIONS. (A) estimate the expected energy cost sav- report or the enhanced loan eligibility re- In this subtitle, the following definitions ings specific to the subject property, based quirements required under this section. shall apply: on specific information about the property; (g) LIMITATIONS.— (1) COVERED LOAN.—The term ‘‘covered (B) be prepared in accordance with the (1) IN GENERAL.—The Federal Housing Ad- loan’’ means a loan secured by a home that guidelines to be issued under subsection (a); ministration may price covered loans origi- is insured by the Federal Housing Adminis- and nated under the enhanced loan eligibility re- tration. (C) be prepared— quirements required under this section in ac- (2) HOMEOWNER.—The term ‘‘homeowner’’ (i) in accordance with the Residential En- cordance with the estimated risk of those means the mortgagor under a covered loan. ergy Service Network’s Home Energy Rating loans. (3) MORTGAGEE.—The term ‘‘mortgagee’’ System (commonly known as ‘‘HERS’’) by an (2) PROHIBITED ACTIONS.—The Federal means— individual certified by the Residential En- Housing Administration shall not— (A) an original lender under a covered loan ergy Service Network, unless the Secretary (A) modify existing underwriting criteria or the holder of a covered loan at the time at of Housing and Urban Development finds or adopt new underwriting criteria that in- which that mortgage transaction is con- that the use of HERS does not further the tentionally negate or reduce the impact of summated; purposes of this subtitle; the requirements or resulting benefits that (B) any affiliate, agent, subsidiary, suc- (ii) in accordance with the Alaska Housing are set forth or otherwise derived from the cessor, or assignee of an original lender Finance Corporation energy rating system enhanced loan eligibility requirements re- under a covered loan or the holder of a cov- by an individual certified by the Alaska quired under this section; or ered loan at the time at which that mort- Housing Finance Corporation as an author- (B) impose greater buy back requirements, gage transaction is consummated; ized Energy Rater; or credit overlays, or insurance requirements, (C) any servicer of a covered loan; and (iii) by other methods approved by the Sec- including private mortgage insurance, on (D) any subsequent purchaser, trustee, or retary of Housing and Urban Development, covered loans merely because the loan uses transferee of any covered loan issued by an in consultation with the Secretary and the an energy efficiency report or the enhanced original lender. advisory group established in section 1505(b), loan eligibility requirements required under (4) SERVICER.—The term ‘‘servicer’’ means for use under this subtitle, which shall in- this section. the person or entity responsible for the serv- clude a third-party quality assurance proce- (h) APPLICABILITY AND IMPLEMENTATION icing of a covered loan, including the person dure. DATE.—Not later than 3 years after the date or entity who makes or holds a covered loan (3) USE BY APPRAISER.—If an energy effi- of enactment of this Act, and before Decem- if that person or entity also services the cov- ciency report is used under subsection (b), ber 31, 2019, the enhanced loan eligibility re- ered loan. the energy efficiency report shall be pro- quirements required under this section shall

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.034 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S352 CONGRESSIONAL RECORD — SENATE January 28, 2016 be implemented by the Federal Housing Ad- (3) by inserting after paragraph (3) the fol- SEC. 1504. MONITORING. ministration to— lowing: Not later than 1 year after the date on (1) apply to any covered loan for the sale, ‘‘(4) that State certified and licensed ap- which the enhanced eligibility and under- or refinancing of any loan for the sale, of any praisers have timely access, whenever prac- writing valuation requirements are imple- home; ticable, to information from the property mented under this subtitle, and every year (2) be available on any residential real owner and the lender that may be relevant in thereafter, the Federal Housing Administra- property (including individual units of con- developing an opinion of value regarding the tion shall issue and make available to the dominiums and cooperatives) that qualifies energy- and water-saving improvements or public a report that— for a covered loan; and features of a property, such as— (1) enumerates the number of covered loans (3) provide prospective mortgagees with ‘‘(A) labels or ratings of buildings; of the Federal Housing Administration for sufficient guidance and applicable tools to ‘‘(B) installed appliances, measures, sys- which there was an energy efficiency report, implement the required underwriting meth- tems or technologies; and that used energy efficiency appraisal ods. ‘‘(C) blueprints; guidelines and enhanced loan eligibility re- SEC. 1503. ENHANCED ENERGY EFFICIENCY UN- ‘‘(D) construction costs; quirements; DERWRITING VALUATION GUIDE- ‘‘(E) financial or other incentives regard- (2) includes the default rates and rates of LINES. ing energy- and water-efficient components foreclosures for each category of loans; and (a) IN GENERAL.—Not later than 1 year and systems installed in a property; (3) describes the risk premium, if any, that after the date of enactment of this Act, the ‘‘(F) utility bills; the Federal Housing Administration has Secretary of Housing and Urban Develop- ‘‘(G) energy consumption and priced into covered loans for which there was ment shall— benchmarking data; and an energy efficiency report. (1) in consultation with the Federal Finan- ‘‘(H) third-party verifications or represen- SEC. 1505. RULEMAKING. cial Institutions Examination Council and tations of energy and water efficiency per- (a) IN GENERAL.—The Secretary of Housing the advisory group established in section formance of a property, observing all finan- and Urban Development shall prescribe regu- 1505(b), develop and issue guidelines for the cial privacy requirements adhered to by cer- lations to carry out this subtitle, in con- Federal Housing Administration to deter- tified and licensed appraisers, including sec- sultation with the Secretary and the advi- mine the maximum permitted loan amount tion 501 of the Gramm-Leach-Bliley Act (15 sory group established in subsection (b), based on the value of the property for all U.S.C. 6801). which may contain such classifications, dif- covered loans made on properties with an en- Unless a property owner consents to a lend- ferentiations, or other provisions, and may ergy efficiency report that meets the reer, an appraiser, in carrying out the require- provide for such proper implementation and quirements of section 1502(c)(2); and ments of paragraph (4), shall not have access appropriate treatment of different types of (2) in consultation with the Secretary, to the commercial or financial information transactions, as the Secretary of Housing issue guidelines for the Federal Housing Ad- of the owner that is privileged or confiden- and Urban Development determines are nec- ministration to determine the estimated en- tial.’’. essary or proper to effectuate the purposes of ergy savings under subsection (c) for prop- this subtitle, to prevent circumvention or erties with an energy efficiency report. (e) TRANSACTIONS REQUIRING STATE CER- evasion thereof, or to facilitate compliance (b) REQUIREMENTS.—The enhanced energy TIFIED APPRAISERS.—Section 1113 of the Fi- efficiency underwriting valuation guidelines nancial Institutions Reform, Recovery, and therewith. required under subsection (a) shall include— Enforcement Act of 1989 (12 U.S.C. 3342) is (b) ADVISORY GROUP.—To assist in carrying (1) a requirement that if an energy effi- amended— out this subtitle, the Secretary of Housing ciency report that meets the requirements of (1) in paragraph (1), by inserting before the and Urban Development shall establish an section 1502(c)(2) is voluntarily provided to semicolon the following: ‘‘, or any real prop- advisory group, consisting of individuals rep- the mortgagee, such report shall be used by erty on which the appraiser makes adjust- resenting the interests of— the mortgagee or the Federal Housing Ad- ments using an energy efficiency report’’; (1) mortgage lenders; ministration to determine the estimated en- and (2) appraisers; ergy savings of the subject property; and (2) in paragraph (2), by inserting after be- (3) energy raters and residential energy (2) a requirement that the estimated en- fore the period at the end the following: ‘‘, or consumption experts; ergy savings of the subject property be added an appraisal on which the appraiser makes (4) energy efficiency organizations; to the appraised value of the subject prop- adjustments using an energy efficiency re- (5) real estate agents; erty by a mortgagee or the Federal Housing port’’. (6) home builders and remodelers; Administration for the purpose of deter- (7) State energy officials; and (f) PROTECTIONS.— mining the loan-to-value ratio of the subject (8) others as determined by the Secretary (1) AUTHORITY TO IMPOSE LIMITATIONS.—The of Housing and Urban Development. property, unless the appraisal includes the guidelines to be issued under subsection (a) SEC. 1506. ADDITIONAL STUDY. value of the overall energy efficiency of the shall include such limitations and conditions (a) IN GENERAL.—Not later than 18 months subject property, using methods to be estab- as determined by the Secretary of Housing after the date of enactment of this Act, the lished under the guidelines issued under sub- and Urban Development to be necessary to Secretary of Housing and Urban Develop- section (a). protect against meaningful under or over (c) DETERMINATION OF ESTIMATED ENERGY ment shall reconvene the advisory group es- valuation of energy cost savings or duplica- SAVINGS.— tablished in section 1505(b), in addition to tive counting of energy efficiency features or (1) AMOUNT OF ENERGY SAVINGS.—The water and locational efficiency experts, to energy cost savings in the valuation of any amount of estimated energy savings shall be advise the Secretary of Housing and Urban subject property that is used to determine a determined by calculating the difference be- Development on the implementation of the loan amount. tween the estimated energy costs for the av- enhanced energy efficiency underwriting cri- (2) ADDITIONAL AUTHORITY.—At the end of erage comparable houses, as determined in teria established in sections 1502 and 1503. the 7-year period following the implementa- guidelines to be issued under subsection (a), (b) RECOMMENDATIONS.—The advisory tion of enhanced eligibility and underwriting and the estimated energy costs for the sub- group established in section 1505(b) shall pro- valuation requirements under this subtitle, ject property based upon the energy effi- vide recommendations to the Secretary of the Secretary of Housing and Urban Develop- ciency report. Housing and Urban Development on any re- ment may modify or apply additional excep- (2) DURATION OF ENERGY SAVINGS.—The du- visions or additions to the enhanced energy tions to the approach described in subsection ration of the estimated energy savings shall efficiency underwriting criteria deemed nec- (b), where the Secretary of Housing and be based upon the estimated life of the appli- essary by the group, which may include al- Urban Development finds that the cable equipment, consistent with the rating ternate methods to better account for home unadjusted appraisal will reflect an accurate system used to produce the energy efficiency energy costs and additional factors to ac- market value of the efficiency of the subject report. count for substantial and regular costs of property or that a modified approach will (3) PRESENT VALUE OF ENERGY SAVINGS.— homeownership such as location-based trans- better reflect an accurate market value. The present value of the future savings shall portation costs and water costs. The Sec- be discounted using the average interest rate (g) APPLICABILITY AND IMPLEMENTATION retary of Housing and Urban Development on conventional 30-year mortgages, in the DATE.—Not later than 3 years after the date shall forward any legislative recommenda- manner directed by guidelines issued under of enactment of this Act, and before Decem- tions from the advisory group to Congress subsection (a). ber 31, 2019, the Federal Housing Administra- for its consideration. (d) ENSURING CONSIDERATION OF ENERGY tion shall implement the guidelines required EFFICIENT FEATURES.—Section 1110 of the Fi- under this section, which shall— SA 3043. Mr. HELLER (for himself, nancial Institutions Reform, Recovery, and (1) apply to any covered loan for the sale, Mr. HEINRICH, Mr. RISCH, Mr. WYDEN, Enforcement Act of 1989 (12 U.S.C. 3339) is or refinancing of any loan for the sale, of any Mr. UDALL, Mr. TESTER, Mr. BENNET, amended— home; and (1) in paragraph (2), by striking ‘‘; and’’ at (2) be available on any residential real Mr. DAINES, and Mr. GARDNER) sub- the end; property, including individual units of con- mitted an amendment intended to be (2) in paragraph (3), by striking the period dominiums and cooperatives, that qualifies proposed to amendment SA 2953 pro- at the end and inserting ‘‘; and’’; and for a covered loan. posed by Ms. MURKOWSKI to the bill S.

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.035 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S353 2012, to provide for the modernization (A) GEOTHERMAL ENERGY.—For geothermal analysis in the programmatic environmental of the energy policy of the United energy, the Director shall establish priority impact statement conducted under section States, and for other purposes; which areas as soon as practicable, but not later 3011C(b), to the maximum extent practicable was ordered to lie on the table; as fol- than 5 years, after the date of enactment of when analyzing the potential impacts of the this Act. project. lows: (B) SOLAR ENERGY.—For solar energy, the SEC. 3011E. PROGRAM TO IMPROVE RENEWABLE On page 244, between lines 13 and 14, insert 2012 western solar plan of the Bureau of Land ENERGY PROJECT PERMIT COORDI- the following: Management shall be considered to establish NATION. Subpart B—Development of Geothermal, priority areas for solar energy projects. (a) ESTABLISHMENT.—The Secretary shall Solar, and Wind Energy on Public Land (C) WIND ENERGY.—For wind energy, the establish a program to improve Federal per- Director shall establish priority areas as mit coordination with respect to renewable CHAPTER 1—EXTENSION OF FUNDING energy projects on covered land. FOR GEOTHERMAL STEAM ACT OF 1970 soon as practicable, but not later than 3 years, after the date of enactment of this (b) MEMORANDUM OF UNDERSTANDING.— SEC. 3011A. EXTENSION OF FUNDING FOR IMPLE- Act. (1) IN GENERAL.—Not later than 90 days MENTATION OF GEOTHERMAL after the date of enactment of this Act, the STEAM ACT OF 1970. (3) REVIEW AND MODIFICATION.—Not less frequently than once every 10 years, the Direc- Secretary shall enter into a memorandum of (a) IN GENERAL.—Section 234(a) of the En- understanding for purposes of this section ergy Policy Act of 2005 (42 U.S.C. 15873(a)) is tor shall— (A) review the adequacy of land allocations with— amended by striking ‘‘in the first 5 fiscal (A) the Secretary of Agriculture; years beginning after the date of enactment for geothermal, solar, and wind energy priority and variance areas for the purpose of (B) the Administrator of the Environ- of this Act’’ and inserting ‘‘through fiscal mental Protection Agency; and year 2020’’. encouraging new renewable energy development opportunities; and (C) the Chief of Engineers. (b) AUTHORIZATION.—Section 234(b) of the (2) STATE PARTICIPATION.—The Secretary Energy Policy Act of 2005 (42 U.S.C. 15873(b)) (B) based on the review carried out under subparagraph (A), add, modify, or eliminate may request the Governor of any interested is amended— State to be a signatory to the memorandum (1) by striking ‘‘Amounts’’ and inserting priority, variance, and exclusion areas. (b) COMPLIANCE WITH THE NATIONAL ENVI- of understanding under paragraph (1). the following: (c) INTRADEPARTMENTAL COORDINATION.— RONMENTAL POLICY ACT.—For purposes of ‘‘(1) IN GENERAL.—Amounts’’; and this section, compliance with the National The Secretary shall establish an (2) by adding at the end the following: Environmental Policy Act of 1969 (42 U.S.C. ombudsperson in the Office of the Secretary, ‘‘(2) AUTHORIZATION.—Effective for fiscal 4321 et seq.) shall be accomplished— who shall be responsible for resolving year 2017 and each fiscal year thereafter, (1) for geothermal energy, by intradepartmental disputes between 2 or amounts deposited under subsection (a) shall supplementing the October 2008 final pro- more of the following agencies: be available to the Secretary of the Interior grammatic environmental impact statement (1) The United States Fish and Wildlife for expenditure, subject to appropriation and for geothermal leasing in the western United Service. without fiscal year limitation, to implement States; (2) The National Park Service. the Geothermal Steam Act of 1970 (30 U.S.C. (2) for solar energy, by supplementing the (3) The Bureau of Land Management. (d) VARIANCE AREAS.— 1001 et seq.) and this Act.’’. July 2012 final programmatic environmental (1) IN GENERAL.—In carrying out sub- CHAPTER 2—DEVELOPMENT OF GEO- impact statement for solar energy projects; sections (b) and (c), the heads of the Federal THERMAL, SOLAR, AND WIND ENERGY and agencies described in those subsections shall ON PUBLIC LAND (3) for wind energy, by supplementing the consider entering into agreements and July 2005 final programmatic environmental Subchapter A—Environmental Reviews and memoranda of understanding to expedite the impact statement for wind energy projects. Permitting environmental analysis of applications for (c) NO EFFECT ON PROCESSING APPLICA- SEC. 3011B. DEFINITIONS. projects proposed on covered land deter- TIONS.—A requirement to prepare a supple- In this subchapter: ment to a programmatic environmental im- mined by the Secretary to be a variance area (1) COVERED LAND.—The term ‘‘covered pact statement under this section shall not under section 3011C. land’’ means land that is— result in any delay in processing an applica- (2) AVAILABILITY FOR RENEWABLE ENERGY (A) public land administered by the Sec- tion for a renewable energy project. PROJECT DEVELOPMENT.—To the maximum retary; and (d) COORDINATION.—In developing a supple- extent practicable, the variance areas de- (B) not excluded from the development of ment required by this section, the Secretary scribed in paragraph (1) shall be made avail- geothermal, solar, or wind energy under— shall coordinate, on an ongoing basis, with able for renewable energy project develop- (i) a land use plan established under the appropriate State, tribal, and local government, after completion of an environmental Federal Land Policy and Management Act of ments, transmission infrastructure owners impact statement or similar analysis re- 1976 (43 U.S.C. 1701 et seq.); or and operators, developers, and other appro- quired under the National Environmental (ii) other Federal law. priate entities to ensure that priority areas Policy Act of 1969 (42 U.S.C. 4321 et seq.), in- (2) DIRECTOR.—The term ‘‘Director’’ means identified by the Secretary are— cluding an environmental assessment or the Director of the Bureau of Land Manage- (1) economically viable (including having finding of no significant impact under that ment. access to transmission); Act, and subject to the policies and proce- (3) EXCLUSION AREA.—The term ‘‘exclusion (2) likely to avoid or minimize conflict dures set forth by the Secretary for evalu- area’’ means covered land that is identified with habitat for animals and plants, recre- ating variance applications in the pro- by the Bureau of Land Management as not ation, and other uses of covered land; and grammatic environmental impact statement suitable for development of renewable en- (3) consistent with local planning efforts. described in section 3011C(b). ergy projects. (e) REMOVAL FROM CLASSIFICATION.—In car- (e) DESIGNATION OF QUALIFIED STAFF.— (4) PRIORITY AREA.—The term ‘‘priority rying out subsections (a), (b), and (c), if the (1) IN GENERAL.—Not later than 30 days area’’ means covered land identified by the Secretary determines an area previously after the date on which the memorandum of land use planning process of the Bureau of suited for development should be removed understanding under subsection (b) is exe- Land Management as being a preferred loca- from priority or variance classification, not cuted, all Federal signatories, as appro- tion for a renewable energy project. later than 90 days after the date of the deter- priate, shall assign to each of the field of- (5) RENEWABLE ENERGY PROJECT.—The term mination, the Secretary shall submit to Con- fices described in subsection (f) an employee ‘‘renewable energy project’’ means a project gress a report on the determination. who has expertise in the regulatory issues carried out on covered land that uses wind, SEC. 3011D. ENVIRONMENTAL REVIEW ON COV- relating to the office in which the employee solar, or geothermal energy to generate en- ERED LAND. is employed, including, as applicable, par- ergy. (a) IN GENERAL.—If the Director deter- ticular expertise in— (6) SECRETARY.—The term ‘‘Secretary’’ mines that a proposed renewable energy (A) consultation regarding, and prepara- means the Secretary of the Interior. project has been sufficiently analyzed by a tion of, biological opinions under section 7 of (7) VARIANCE AREA.—The term ‘‘variance programmatic environmental impact state- the Endangered Species Act of 1973 (16 U.S.C. area’’ means covered land that is— ment conducted under section 3011C(b), the 1536); (A) not an exclusion area; and head of the applicable Federal agency shall (B) permits under section 404 of Federal (B) not a priority area. not require any additional review under the Water Pollution Control Act (33 U.S.C. 1344); SEC. 3011C. LAND USE PLANNING; SUPPLEMENTS National Environmental Policy Act of 1969 (C) regulatory matters under the Clean Air TO PROGRAMMATIC ENVIRON- (42 U.S.C. 4321 et seq.). Act (42 U.S.C. 7401 et seq.); MENTAL IMPACT STATEMENTS. (b) ADDITIONAL ENVIRONMENTAL REVIEW.— (D) planning under section 14 of the Na- (a) PRIORITY AREAS.— If the Director determines that additional tional Forest Management Act of 1976 (16 (1) IN GENERAL.—The Director, in consulta- environmental review under the National U.S.C. 472a); tion with the Secretary of Energy, shall es- Environmental Policy Act of 1969 (42 U.S.C. (E) the Federal Land Policy and Manage- tablish variance areas on covered land for 4321 et seq.) is necessary for a proposed re- ment Act of 1976 (43 U.S.C. 1701 et seq.); geothermal, solar, and wind energy projects. newable energy project, the head of the ap- (F) the Migratory Bird Treaty Act (16 (2) DEADLINE.— plicable Federal agency shall rely on the U.S.C. 703 et seq.); and

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.036 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S354 CONGRESSIONAL RECORD — SENATE January 28, 2016 (G) the preparation of analyses under the (A) in the case of public land administered (iii) water resources in areas affected by National Environmental Policy Act of 1969 by the Secretary, the Secretary; and wind or solar energy development; and (42 U.S.C. 4321 et seq.). (B) in the case of National Forest System (B) preserving and improving recreational (2) DUTIES.—Each employee assigned under land administered by the Secretary of Agri- access to Federal land and water in an af- paragraph (1) shall— culture, the Secretary of Agriculture. fected region through an easement, right-of- (A) not later than 90 days after the date of (6) SECRETARY.—The term ‘‘Secretary’’ way, or other instrument from willing land- assignment, report to field managers of the means the Secretary of the Interior. owners for the purpose of enhancing public Bureau of Land Management in the office to SEC. 3011G. DISPOSITION OF REVENUES. access to existing Federal land and water which the employee is assigned; (a) DISPOSITION OF REVENUES.—Beginning that is inaccessible or significantly re- (B) be responsible for addressing all issues on January 1, 2017, subject to the avail- stricted. relating to the jurisdiction of the home of- ability of appropriations, and without fiscal (2) INVESTMENT OF FUND.— fice or agency of the employee; and year limitation, of the amounts collected as (A) IN GENERAL.—Any amounts deposited (C) participate as part of the team of per- bonus bids, rentals, fees, or other payments in the Fund shall earn interest in an amount sonnel working on proposed energy projects, under a right-of-way, permit, lease, or other determined by the Secretary of the Treasury planning, monitoring, inspection, enforce- authorization (other than under section on the basis of the current average market ment, and environmental analyses. 504(g) of the Federal Land Policy and Man- yield on outstanding marketable obligations (f) FIELD OFFICES.—The field offices re- agement Act of 1976 (43 U.S.C. 1764(g))) for of the United States of comparable matu- ferred to in subsection (e)(1) shall include the development of wind or solar energy on rities. field offices of the Bureau of Land Manage- covered land— (B) USE.—Any interest earned under sub- ment in, at a minimum, the States of Ari- (1) 25 percent shall be paid by the Sec- paragraph (A) may be expended in accord- zona, California, Colorado, Idaho, Montana, retary of the Treasury to the State within ance with this subsection. Nevada, New Mexico, Oregon, Utah, Wash- the boundaries of which the revenue is de- (3) INTENT OF CONGRESS.—It is the intent of ington, and Wyoming. rived; Congress that the revenues deposited and (g) ADDITIONAL PERSONNEL.—The Secretary (2) 25 percent shall be paid by the Sec- used in the Fund shall supplement and not shall assign to each field office described in retary of the Treasury to the 1 or more coun- supplant annual appropriations for conserva- subsection (f) such additional personnel as ties within the boundaries of which the rev- tion activities described in subparagraphs are necessary to ensure the effective imple- enue is derived, to be allocated among the (A) and (B) of paragraph (1). mentation of any programs administered by counties based on the percentage of land SEC. 3011H. REPORT TO CONGRESS. the field offices, including inspection and en- from which the revenue is derived; forcement relating to renewable energy (3) to be deposited in the Treasury and be (a) IN GENERAL.—Not later than 10 years project development on covered land, in ac- made available to the Secretary to carry out after the date of enactment of this Act and cordance with the multiple use mandate of the program established by section 3011E, in- every 10 years thereafter, the Secretary, in the Federal Land Policy and Management cluding the transfer of the funds by the Bu- consultation with the Secretary of Agri- Act of 1976 (43 U.S.C. 1701 et seq.). reau of Land Management to other Federal culture, shall— (h) REPORT TO CONGRESS.— agencies and State agencies to facilitate the (1) complete a review of collections and im- (1) IN GENERAL.—Not later than February 1 processing of renewable energy permits on pacts of the rents and fees provided under of the first fiscal year beginning after the Federal land, with priority given to using this subchapter; and date of enactment of this Act, and each Feb- the amounts, to the maximum extent prac- (2) submit to the Committees on Energy ruary 1 thereafter, the Secretary shall sub- ticable, to reducing the backlog of renewable and Natural Resources and Agriculture, Nu- mit to the Chairperson and Ranking Member energy permits that have not been processed trition, and Forestry of the Senate and the of the Committee on Energy and Natural Re- in the State from which the revenues are de- Committees on Natural Resources and Agri- sources of the Senate and the Committee on rived— culture of the House of Representatives a re- Natural Resources of the House of Rep- (A) 25 percent for each of fiscal years 2016 port describing the results of the review. resentatives a report describing the progress through 2030; (b) TOPICS.—The report shall address— made pursuant to the program under this (B) 22 percent for fiscal year 2031; (1) the total revenues received (by cat- chapter during the preceding year. (C) 19 percent for fiscal year 2032; egory) on an annual basis as rents from wind, (2) INCLUSIONS.—Each report under this (D) 16 percent for fiscal year 2033; solar, and geothermal development and pro- subsection shall include— (E) 13 percent for fiscal year 2034; and duction (specified by energy source) on cov- (A) projections for renewable energy pro- (F) 10 percent for fiscal year 2035 and each ered land; duction and capacity installations; and fiscal year thereafter; and (2) whether the revenues received for the (B) a description of any problems relating (4) to be deposited in the Renewable En- development of wind, solar, and geothermal to leasing, permitting, siting, or production. ergy Resource Conservation Fund estab- development— lished by subsection (c)— Subchapter B—Revenues and Enforcement (A) ensure a fair return to the public com- (A) 25 percent for each of fiscal years 2016 parable to the revenues received for similar SEC. 3011F. DEFINITIONS. through 2030; development on State and private land; In this subchapter: (B) 28 percent for fiscal year 2031; (B) encourage production of solar or wind (1) COVERED LAND.—The term ‘‘covered (C) 31 percent for fiscal year 2032; energy; and land’’ means land that is— (D) 34 percent for fiscal year 2033; (C) encourage the maximum energy gen- (A)(i) public land administered by the Sec- (E) 37 percent for fiscal year 2034; and eration while disturbing the least quantity retary; or (F) 40 percent for fiscal year 2035 and each of covered land and other natural resources, (ii) National Forest System land adminis- fiscal year thereafter. including water; tered by the Secretary of Agriculture; and (b) PAYMENTS TO STATES AND COUNTIES.— (3) any impact on the development of wind, (B) not excluded from the development of (1) IN GENERAL.—Amounts paid to States solar, and geothermal development and pro- solar or wind energy under— and counties under subsection (a) shall be duction on covered land as a result of the (i) a final land use plan established under used consistent with section 35 of the Min- rents; and the Federal Land Policy and Management eral Leasing Act (30 U.S.C. 191). (4) any recommendations with respect to Act of 1976 (43 U.S.C. 1701 et seq.); (2) PAYMENTS IN LIEU OF TAXES.—A pay- changes in Federal law (including regula- (ii) a final land use plan established under ment to a county under paragraph (1) shall tions) relating to the amount or method of the National Forest Management Act of 1976 be in addition to a payment in lieu of taxes collection (including auditing, compliance, (16 U.S.C. 1600 et seq.); or received by the county under chapter 69 of and enforcement) of the rents. (iii) other Federal law. title 31, United States Code. (2) FEDERAL LAND.—The term ‘‘Federal (c) RENEWABLE ENERGY RESOURCE CON- SEC. 3011I. ENFORCEMENT OF PAYMENT PROVI- SIONS. land’’ means— SERVATION FUND.— (A) land of the National Forest System (as (1) IN GENERAL.—There is established in the (a) DUTIES OF THE SECRETARY.—The Sec- defined in section 11(a) of the Forest and Treasury a fund, to be known as the ‘‘Renew- retary shall establish a comprehensive in- Rangeland Renewable Resources Planning able Energy Resource Conservation Fund’’, spection, collection, fiscal, and production Act of 1974 (16 U.S.C. 1609(a))); or to be administered by the Secretary, in con- accounting and auditing system— (B) public land. sultation with the Secretary of Agriculture, (1) to accurately determine rents, interest, (3) FUND.—The term ‘‘Fund’’ means the Re- who may make funds available to Secretary fines, penalties, fees, deposits, and other pay- newable Energy Resource Conservation Fund of Agriculture, Federal or State agencies, or ments owed under this subchapter; and established by section 3011G(c)(1). qualified third parties, to be distributed in a (2) to collect and account for the payments (4) PUBLIC LAND.—The term ‘‘public land’’ region in which a renewable energy project is in a timely manner. has the meaning given the term ‘‘public located on Federal land, for the purposes of— (b) ENFORCEMENT.— lands’’ in section 103 of the Federal Land (A) restoring and protecting— (1) IN GENERAL.—Sections 302(c) and 303 of Policy and Management Act of 1976 (43 (i) fish and wildlife habitat for affected the Federal Land Policy and Management U.S.C. 1702). species; Act of 1976 (43 U.S.C. 1732(c), 1733) shall apply (5) SECRETARIES.—The term ‘‘Secretaries’’ (ii) fish and wildlife corridors for affected to activities conducted on covered land means— species; and under this subchapter.

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(2) APPLICABILITY OF OTHER ENFORCEMENT ‘‘(C) through which each use of coal will be ‘‘(4) CONSULTATIONS REQUIRED.—In carrying PROVISIONS.—Nothing in this subchapter re- combined with the use of a regionally indige- out the program, the Secretary shall— duces or limits the enforcement authority nous form of biomass energy, provided on a ‘‘(A) undertake international collabora- vested in the Secretary or the Attorney Gen- renewable basis, that is sufficient in quan- tions, as recommended by the National Coal eral by any other law. tity to allow for net-negative emissions of Council; SEC. 3011J. SEGREGATION FROM APPROPRIA- carbon dioxide (in combination with a car- ‘‘(B) use existing authorities to encourage TION UNDER MINING AND FEDERAL bon capture system), while avoiding impacts international cooperation; and LAND LAWS. on food production activities. ‘‘(C) consult with interested entities, in- (a) IN GENERAL.—On covered land identi- ‘‘(3) PROGRAM.—The term ‘program’ means cluding— fied by the Secretary or the Secretary of Ag- the program established under subsection ‘‘(i) coal producers; riculture for the development of renewable (b)(1). ‘‘(ii) industries that use coal; energy projects under this subchapter or ‘‘(4) TRANSFORMATIONAL TECHNOLOGY.— ‘‘(iii) organizations that promote coal and other applicable law, the Secretary or the ‘‘(A) IN GENERAL.—The term ‘trans- advanced coal technologies; Secretary of Agriculture may temporarily formational technology’ means a power gen- ‘‘(iv) environmental organizations; segregate the identified land from appropria- eration technology that represents an en- ‘‘(v) organizations representing workers; tion under the mining and public land laws. tirely new way to convert energy that will and (b) ADMINISTRATION.—Segregation of cov- enable a step change in performance, effi- ‘‘(vi) organizations representing con- ered land under this section— ciency, and cost of electricity as compared sumers. (1) may only be made for a period not to to the technology in existence on the date of ‘‘(c) REPORT.— exceed 10 years; and enactment of this section. ‘‘(1) IN GENERAL.—Not later than 18 months (2) shall be subject to valid existing rights ‘‘(B) INCLUSIONS.—The term ‘trans- after the date of enactment of this section, as of the date of the segregation. formational technology’ includes a broad the Secretary shall submit to Congress a re- On page 244, line 14, strike ‘‘Subpart B’’ range of technology improvements, includ- port describing the performance standards and insert ‘‘Subpart C’’. ing— adopted under subsection (b)(3). ‘‘(i) thermodynamic improvements in en- ‘‘(2) UPDATE.—Not less frequently than SA 3044. Mr. MANCHIN submitted an ergy conversion and heat transfer, includ- once every 2 years after the initial report is amendment intended to be proposed to ing— submitted under paragraph (1), the Secretary amendment SA 2953 proposed by Ms. ‘‘(I) oxygen combustion; shall submit to Congress a report describing ‘‘(II) chemical looping; and the progress made towards achieving the ob- MURKOWSKI to the bill S. 2012, to pro- ‘‘(III) the replacement of steam cycles with vide for the modernization of the en- jectives and performance standards adopted supercritical carbon dioxide cycles; under subsection (b)(3). ergy policy of the United States, and ‘‘(ii) improvements in turbine technology; ‘‘(d) FUNDING.— for other purposes; which was ordered ‘‘(iii) improvements in carbon capture sys- ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— to lie on the table; as follows: tems technology; and There are authorized to be appropriated to ‘‘(iv) any other technology the Secretary Beginning on page 304, strike line 11 and the Secretary to carry out this section, to recognizes as transformational technology. all that follows through page 311, line 7, and remain available until expended— ‘‘(b) COAL TECHNOLOGY PROGRAM.— insert the following: ‘‘(A) $632,000,000 for each of fiscal years 2017 ‘‘(1) IN GENERAL.—The Secretary shall es- (b) ESTABLISHMENT OF COAL TECHNOLOGY through 2020; and tablish a coal technology program to ensure ‘‘(B) $582,000,000 for fiscal year 2021. PROGRAM.—The Energy Policy Act of 2005 (as the continued use of the abundant, domestic amended by subsection (a)) is amended by in- ‘‘(2) ALLOCATIONS.—The amounts made coal resources of the United States through available under paragraph (1) shall be allo- serting after section 961 (42 U.S.C. 16291) the the development of technologies that will cated as follows: following: significantly improve the efficiency, effec- ‘‘(A) For activities under the research and ‘‘SEC. 962. COAL TECHNOLOGY PROGRAM. tiveness, costs, and environmental perform- development program component described ‘‘(a) DEFINITIONS.—In this section: ance of coal use. in subsection (b)(2)(A)— ‘‘(1) LARGE-SCALE PILOT PROJECT.—The ‘‘(2) REQUIREMENTS.—The program shall in- ‘‘(i) $275,000,000 for each of fiscal years 2017 term ‘large-scale pilot project’ means a pilot clude— through 2020; and project that— ‘‘(A) a research and development program; ‘‘(ii) $200,000,000 for fiscal year 2021. ‘‘(A) represents the scale of technology de- ‘‘(B) large-scale pilot projects; ‘‘(B) For activities under the demonstra- velopment beyond laboratory development ‘‘(C) demonstration projects; and and bench scale testing, but not yet ad- ‘‘(D) net-negative carbon dioxide emissions tion projects program component described vanced to the point of being tested under projects. in subsection (b)(2)(C)— ‘‘(i) $50,000,000 for each of fiscal years 2017 real operational conditions at commercial ‘‘(3) PROGRAM GOALS AND OBJECTIVES.—In scale; consultation with the interested entities de- through 2020; and ‘‘(B) represents the scale of technology scribed in paragraph (4)(C), the Secretary ‘‘(ii) $75,000,000 for fiscal year 2021. necessary to gain the operational data need- shall develop goals and objectives for the ‘‘(C) Subject to paragraph (3), for activities ed to understand the technical and perform- program to be applied to the technologies de- under the large-scale pilot projects program ance risks of the technology before the appli- veloped within the program, taking into con- component described in subsection (b)(2)(B), cation of that technology at commercial sideration the following objectives: $285,000,000 for each of fiscal years 2017 scale or in commercial-scale demonstration; ‘‘(A) Ensure reliable, low-cost power from through 2021. and new and existing coal plants. ‘‘(D) For activities under the net-negative ‘‘(C) is large enough— ‘‘(B) Achieve high conversion efficiencies. carbon dioxide emissions projects program ‘‘(i) to validate scaling factors; and ‘‘(C) Address emissions of carbon dioxide component described in subsection (b)(2)(D), ‘‘(ii) to demonstrate the interaction be- through high-efficiency platforms and car- $22,000,000 for each of fiscal years 2017 tween major components so that control phi- bon capture from new and existing coal through 2021. losophies for a new process can be developed plants. ‘‘(3) COST SHARING FOR LARGE-SCALE PILOT and enable the technology to advance from ‘‘(D) Support small-scale and modular PROJECTS.—Activities under subsection large-scale pilot plant application to com- technologies to enable incremental capacity (b)(2)(B) shall be subject to the cost-sharing mercial-scale demonstration or application. additions and load growth and large-scale requirements of section 988(b).’’. ‘‘(2) NET-NEGATIVE CARBON DIOXIDE EMIS- generation technologies. SA 3045. Mr. ENZI (for himself, Mr. SIONS PROJECT.—The term ‘net-negative car- ‘‘(E) Support flexible baseload operations bon dioxide emissions project’ means a for new and existing applications of coal gen- HATCH, and Mr. BARRASSO) submitted project— eration. an amendment intended to be proposed ‘‘(A) that employs a technology for ‘‘(F) Further reduce emissions of criteria to amendment SA 2953 proposed by Ms. thermochemical coconversion of coal and pollutants and reduce the use and manage MURKOWSKI to the bill S. 2012, to pro- biomass fuels that— the discharge of water in power plant oper- vide for the modernization of the en- ‘‘(i) uses a carbon capture system; and ations. ergy policy of the United States, and ‘‘(ii) with carbon dioxide removal, can pro- ‘‘(G) Accelerate the development of tech- for other purposes; which was ordered vide electricity, fuels, or chemicals with net- nologies that have transformational energy to lie on the table; as follows: negative carbon dioxide emissions from pro- conversion characteristics. duction and consumption of the end prod- ‘‘(H) Validate geological storage of large At the end of title III, add the following: ucts, while removing atmospheric carbon di- volumes of anthropogenic sources of carbon Subtitle l—States oxide; dioxide and support the development of the SEC. 3lll. STATE MINERAL REVENUE PROTEC- ‘‘(B) that will proceed initially through a infrastructure needed to support a carbon di- TION. large-scale pilot project for which front-end oxide use and storage industry. Section 35 of the Mineral Leasing Act (30 engineering will be performed for bitu- ‘‘(I) Examine methods of converting coal U.S.C. 191) is amended— minous, subbituminous, and lignite coals; to other valuable products and commodities (1) in the first sentence of subsection (a), and in addition to electricity. by striking ‘‘shall be paid into the Treasury’’

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and inserting ‘‘shall, except as provided in necessary to fulfill the staffing requirements COMMITTEE; APPOINTMENT; ADVISORY FUNC- subsection (e), be paid into the Treasury’’; of the agencies responsible for activities re- TIONS.— (2) in subsection (c)(1), by inserting ‘‘and lating to— ‘‘(1) REVIEW AND REVISION OF CRITERIA AND except as provided in subsection (e)’’ before ‘‘(aa) coordinating or permitting Federal STANDARDS.— ‘‘, any rentals’’; and oil and gas leases; ‘‘(A) IN GENERAL.—Not later than Decem- (3) by adding at the end the following: ‘‘(bb) permits to drill and applications for ber 31, 1980, and at 10-year intervals’’; and ‘‘(e) CONVEYANCE TO STATES OF PROPERTY permits to drill (APDs); (B) in the second sentence, by striking INTEREST IN STATE SHARE.— ‘‘(cc) compliance with the National Envi- ‘‘The Administrator’’ and inserting the fol- ‘‘(1) IN GENERAL.—Notwithstanding any ronmental Policy Act of 1969 (42 U.S.C. 4321 lowing: other provision of law, on request of a State et seq.); and ‘‘(B) EARLY AND FREQUENT REVIEW AND RE- and in lieu of any payments to the State ‘‘(dd) any other aspect of oil and gas per- VISION.—The Administrator’’; and under subsection (a), the Secretary of the In- mitting or leasing under this Act. (2) in paragraph (2)(B), by striking ‘‘(B) Not terior shall convey to the State all right, ‘‘(II) USE OF FUNDS.—Funds deposited later than January 1, 1980, and at five-year title, and interest in and to the percentage under subclause (I) shall only be available intervals’’ and inserting the following: specified in that subsection for that State of subject to appropriations. ‘‘(B) REVIEW.—Not later than January 1, all amounts otherwise required to be paid ‘‘(ii) DESCRIPTION OF AMOUNT.—The amount 1980, and at 10-year intervals’’. into the Treasury under that subsection referred to in clause (i)(I) is an amount equal (b) NATIONAL AMBIENT AIR QUALITY STAND- from sales, bonuses, royalties (including in- to the difference between— ARDS FOR OZONE.—Notwithstanding any terest charges), and rentals for all public ‘‘(I) the amounts credited to miscellaneous other provision of law (including the amend- land or deposits located in the State. receipts under paragraph (1), taking into ac- ments made by subsection (a)), the final rule ‘‘(2) AMOUNT.—Notwithstanding any other count the increased royalty rate under this entitled ‘‘National Ambient Air Quality provision of law, after a conveyance to a Act, as described in clause (i)(I); and Standards for Ozone’’ (80 Fed. Reg. 65292 (Oc- State under paragraph (1), any person shall ‘‘(II) the amounts credited to miscella- tober 26, 2015)) shall not take effect until pay directly to the State any amount owed neous receipts under paragraph (1), as in ef- February 1, 2018. by the person for which the right, title, and fect on the day before the effective date of interest has been conveyed to the State such an increased royalty rate. SA 3049. Mr. FLAKE submitted an under this subsection. ‘‘(iii) MEMORANDA OF UNDERSTANDING.—To amendment intended to be proposed to ‘‘(3) NOTICE.—The Secretary of the Interior carry out the staffing requirements amendment SA 2953 proposed by Ms. shall promptly provide to each holder of a prioritized under clause (i)(I), the Director of MURKOWSKI to the bill S. 2012, to pro- lease of public land to which subsection (a) the Bureau of Land Management may enter vide for the modernization of the en- applies that are located in a State to which into memoranda of understanding for the ergy policy of the United States, and right, title, and interest is conveyed under provision of support work with— for other purposes; which was ordered this subsection notice that— ‘‘(I) the Administrator of the Environ- ‘‘(A) the Secretary of the Interior has con- mental Protection Agency; to lie on the table; as follows: veyed to the State all right, title, and inter- ‘‘(II) the Secretary of the Army, acting At the appropriate place, insert the fol- est in and to the amounts referred to in through the Chief of Engineers; lowing: paragraph (1); and ‘‘(III) the Director of the United States SEC. ll. INSTALLATION RENEWABLE ENERGY ‘‘(B) the leaseholder is required to pay the Fish and Wildlife Service; PROJECT REPORT. amounts directly to the State.’’. ‘‘(IV) the Chief of the Forest Service; (a) LIMITATION.—Not later than 90 days ‘‘(V) Indian tribes and tribal organizations; after the date of the enactment of this Act, SA 3046. Mr. HATCH submitted an and the Secretary of Defense shall submit to the amendment intended to be proposed to ‘‘(VI) Governors of the States.’’. appropriate congressional committees a re- amendment SA 2953 proposed by Ms. port on installation renewable energy SA 3047. Mr. FLAKE submitted an projects undertaken since 2011. MURKOWSKI to the bill S. 2012, to pro- (b) ELEMENTS.—The report required under vide for the modernization of the en- amendment intended to be proposed to subsection (a) shall include, for each instal- ergy policy of the United States, and amendment SA 2953 proposed by Ms. lation energy project with an output equal for other purposes; which was ordered MURKOWSKI to the bill S. 2012, to pro- to or greater than one (1) megawatt— to lie on the table; as follows: vide for the modernization of the en- (1) the estimated project costs; (2) estimated power generation; At the appropriate place, insert the fol- ergy policy of the United States, and (3) estimated total cost savings; lowing: for other purposes; which was ordered to lie on the table; as follows: (4) estimated payback period; SEC. lll. PRIORITIZATION OF CERTAIN FED- (5) total project costs; ERAL REVENUES. At the end of part IV of subtitle A of title (6) actual power generation; Section 35 of the Mineral Leasing Act (30 III, add the following: (7) actual cost savings to date; U.S.C. 191) is amended— SEC. 3018. PROHIBITION ON USE OF CERTAIN (8) current operational status; and (1) by striking the section designation and FUNDS FOR RENEWABLE FUEL (9) any other matters the Secretary deter- all that follows through ‘‘All money re- BLENDER PUMPS. mines appropriate. ceived’’ in the first sentence of subsection (a) Notwithstanding any other provision of (c) NON-DISCLOSURE OF CERTAIN INFORMA- and inserting the following: law, the Secretary of Agriculture may not TION.— use any funds of the Commodity Credit Cor- ‘‘SEC. 35. DISPOSITION OF MONEY RECEIVED. (1) IN GENERAL.—The Secretary of Defense ‘‘(a) DISPOSITION.— poration or any other funds to provide grants may, on a case-by-case basis, withhold from ‘‘(1) IN GENERAL.—All money received’’; and or otherwise support or assist the construc- inclusion in the report submitted under sub- (2) in subsection (a)— tion, maintenance, or use of renewable fuel section (a) information pertaining to indi- (A) in the second sentence, by striking blender pumps, including through the vidual projects if the Secretary determines ‘‘All moneys received’’ and inserting the fol- Biofuels Infrastructure Partnership. that the disclosure of such information lowing: would jeopardize operational security. Mr. FLAKE submitted an ‘‘(2) AMOUNTS TO MISCELLANEOUS RE- SA 3048. (2) REQUIRED DISCLOSURE.—In the event the CEIPTS.— amendment intended to be proposed to Secretary withholds information related to ‘‘(A) IN GENERAL.—All money received’’; amendment SA 2953 proposed by Ms. one or more renewable energy projects under (B) in the third sentence, by striking ‘‘Pay- MURKOWSKI to the bill S. 2012, to pro- paragraph (1), the Secretary shall include in ments to States’’ and inserting the fol- vide for the modernization of the en- the report— lowing: ergy policy of the United States, and (A) a statement that information has been ‘‘(3) DEADLINES.—Payments to States’’; and withheld; and (C) in paragraph (2) (as designated by sub- for other purposes; which was ordered to lie on the table; as follows: (B) an aggregate amount for each of para- paragraph (A)), by adding at the end the fol- graphs (1), (2), (3), (5), (6), and (7) of sub- lowing: At the appropriate place, insert the fol- section (b) that includes amounts for all re- ‘‘(B) PRIORITIZATION OF REVENUES.— lowing: newable energy projects described under sub- ‘‘(i) IN GENERAL.— SEC. lll. NATIONAL AMBIENT AIR QUALITY section (a), including those with respect to ‘‘(I) DEPOSIT.—Notwithstanding any other STANDARDS. which information has been withheld under provision of this Act, if, after the date of en- (a) IN GENERAL.—Section 109(d) of the paragraph (1) of this subsection. actment of this subparagraph, the Secretary Clean Air Act (42 U.S.C. 7409(d)) is amended— (d) UPDATED REPORT.—Not later than one or Congress increases a royalty rate under (1) in paragraph (1)— year after the date the report is submitted this Act (as in effect on the day before the (A) in the first sentence, by striking ‘‘(d)(1) under subsection (a), the Secretary of De- date of enactment of this subparagraph), of Not later than December 31, 1980, and at five- fense shall submit an update to the report to the amount described in clause (ii), there year intervals’’ and inserting the following: the appropriate congressional committees. shall be deposited annually in a special ac- ‘‘(d) REVIEW AND REVISION OF CRITERIA AND (e) APPROPRIATE CONGRESSIONAL COMMIT- count in the Treasury only such funds as are STANDARDS; INDEPENDENT SCIENTIFIC REVIEW TEES DEFINED.—In this section, the term

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.037 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S357 ‘‘appropriate congressional committees’’ are required to be submitted to the Adminis- ‘‘(i) at, or on the customer side of, the means— trator of the Environmental Protection meter; or (1) the congressional defense committees Agency under any final rule described in ‘‘(ii) that, if owned or operated by, or on (as that term is defined in section 101(a) of paragraph (1). behalf of, an electric utility, would other- title 10, United States Code; (b) EXTENSIONS.—If any person files a peti- wise be at, or on the customer side of, the (2) the Committee on Energy and Natural tion for review to challenge a final rule de- meter. Resources of the Senate; and scribed in subsection (a)(1), each compliance ‘‘(B) CONSIDERATION.—Each State regu- (3) the Committee on Energy and Com- date shall be extended by the time period latory authority (with respect to each elec- merce of the House of Representatives. equal to the period of days that— tric utility for which it has ratemaking au- (1) begins on the date that is 60 days after thority) and each nonregulated electric util- SA 3050. Mr. FLAKE submitted an October 23, 2015, the date on which notice of ity shall consider, to the extent a State reg- amendment intended to be proposed to promulgation of a final rule described in sub- ulatory authority or nonregulated electric amendment SA 2953 proposed by Ms. section (a)(1) appeared in the Federal Reg- utility allows rates charged by any electric MURKOWSKI to the bill S. 2012, to pro- ister; and utility to include any cost, fee, or charge vide for the modernization of the en- (2) ends on the date that is 60 days after that directly or indirectly subsidizes the de- the date on which judgment becomes final, ployment, construction, maintenance, or op- ergy policy of the United States, and and no longer subject to further appeal or re- eration of customer-side technology, wheth- for other purposes; which was ordered view, in all actions (including any action er subsidizing the deployment, construction, to lie on the table; as follows: filed pursuant to section 307 of the Clean Air maintenance, or operation of a customer- At the end of subtitle E of title IV, add the Act (42 U.S.C. 7607)) that— side technology would— following: (A) are filed during the time period de- ‘‘(i) result in benefits predominately en- SEC. 4405. RESEARCH GRANTS DATABASE. scribed in paragraph (1); and joyed by only the users of the customer-side (a) IN GENERAL.—The Secretary shall es- (B) seek review of any aspect of the rule. technology; tablish and maintain a public database, ac- ‘‘(ii) shift costs of a customer-side tech- cessible on the website of the Department, SA 3052. Mr. FLAKE (for himself, Mr. nology to electricity consumers that do not that contains a searchable listing of every MCCAIN, Mr. LANKFORD, and Mr. SES- use the customer-side technology, particu- unclassified research and development SIONS) submitted an amendment in- larly in cases in which disparate economic or project contract, grant, cooperative agree- tended to be proposed to amendment resource conditions exist among the electricity consumers cross-subsidizing the cus- ment, task order for federally funded re- SA 2953 proposed by Ms. MURKOWSKI to search and development centers, or other tomer-side technology; the bill S. 2012, to provide for the mod- ‘‘(iii) negatively affect resource utiliza- transaction administered by the Depart- ernization of the energy policy of the ment. tion, fuel diversity, grid reliability, or grid (b) CLASSIFIED PROJECTS.—Each year, the United States, and for other purposes; security; Secretary shall submit to the relevant com- which was ordered to lie on the table; ‘‘(iv) provide any unfair competitive ad- mittees of Congress a report that lists every as follows: vantage to market the customer-side tech- classified project of the Department, includ- At the appropriate place, insert the fol- nology, including an analysis of whether the ing all relevant details of the projects. lowing: State regulatory authority or other State (c) REQUIREMENTS.—Each listing described SEC. ll. SUSPENSION OF SPECIFIED ENERGY authority has uncovered any fraudulent cus- in subsections (a) and (b) shall include, at a GRANTS. tomer-side technology marketing practices minimum, for each listed project, the compo- Section 1603 of division B of the American within the State; and nent carrying out the project, the project Recovery and Reinvestment Act of 2009 is ‘‘(v) be necessary to fulfill an obligation to name, an abstract or summary of the amended by adding at the end the following serve electric consumers. project, funding levels, project duration, new subsection: ‘‘(C) PUBLIC NOTICE.—At least 90 days be- contractor or grantee name, and expected ‘‘(k) SPECIAL RULE.—The Secretary of the fore the date on which a State regulatory au- objectives and milestones. Treasury shall not make any grant to any thority or nonregulated electric utility holds (d) RELEVANT LITERATURE AND PATENTS.— person under this section after the date of a proceeding that would consider the cross- To the maximum extent practicable, the the enactment of this subsection and before subsidization of a customer-side technology, Secretary shall provide information through the date that both the Inspector General of the State regulatory authority or nonregu- the public database established under sub- the Department of the Treasury and the lated electric utility shall make available to section (a) on relevant literature and patents Treasury Inspector General for Tax Adminis- the public the results of the evaluation con- that are associated with each research and tration have completed and submitted to ducted under subparagraph (B).’’. development project contract, grant, or co- Congress a comprehensive investigation re- (b) COMPLIANCE.— operative agreement, or other transaction, of lating to fraud with respect to the grants al- (1) TIME LIMITATIONS.—Section 112(b) of the the Department. lowed under this section, including fraud— Public Utility Regulatory Policies Act of ‘‘(1) through overestimating the cost bases 1978 (16 U.S.C. 2622(b)) is amended by adding SA 3051. Mr. FLAKE submitted an of property for purposes of collecting such at the end the following: amendment intended to be proposed to grants, and ‘‘(7)(A) Not later than 1 year after the date amendment SA 2953 proposed by Ms. ‘‘(2) through claiming both tax benefits of enactment of this paragraph, each State regulatory authority (with respect to each MURKOWSKI to the bill S. 2012, to pro- and grants with respect to the same property.’’. electric utility for which it has ratemaking vide for the modernization of the en- authority), and each nonregulated electric ergy policy of the United States, and SA 3053. Mr. FLAKE submitted an utility shall, with respect to the standard es- for other purposes; which was ordered amendment intended to be proposed to tablished by paragraph (20) of section 111(d)— to lie on the table; as follows: amendment SA 2953 proposed by Ms. ‘‘(i) commence the consideration referred to in section 111; or At the appropriate place, insert the fol- MURKOWSKI to the bill S. 2012, to pro- lowing: ‘‘(ii) set a hearing date for the consider- vide for the modernization of the en- ation. SEC. ll. EXTENSION OF COMPLIANCE DEAD- ergy policy of the United States, and LINE FOR CARBON DIOXIDE EMIS- ‘‘(B) Not later than 2 years after the date SIONS RULE. for other purposes; which was ordered of enactment of this paragraph, each State (a) DEFINITION OF COMPLIANCE DATE.— to lie on the table; as follows: regulatory authority (with respect to each (1) IN GENERAL.—In this section, the term At the appropriate place, insert the fol- electric utility for which it has ratemaking ‘‘compliance date’’ means the date by which lowing: authority), and each nonregulated electric any State, local, or tribal government or SEC. lll. CROSS-SUBSIDIZATION OF CUS- utility, shall— other person is required to comply with any TOMER-SIDE TECHNOLOGY. ‘‘(i) complete the consideration required requirement in— (a) CONSIDERATION OF IMPACT FROM CROSS- under subparagraph (A); and (A) the final rule entitled ‘‘Carbon Pollu- SUBSIDIZATION OF CUSTOMER-SIDE TECH- ‘‘(ii) make the determination referred to in tion Emission Guidelines for Existing Sta- NOLOGY.—Section 111(d) of the Public Utility section 111 with respect to the standard es- tionary Sources: Electric Utility Generating Regulatory Policies Act of 1978 (16 U.S.C. tablished by paragraph (20) of section Units’’ (80 Fed. Reg. 64662 (October 23, 2015)); 2621(d)) is amended by adding at the end the 111(d).’’. or following: (2) FAILURE TO COMPLY.—Section 112(c) of (B) a final rule that succeeds the proposed ‘‘(20) CONSIDERATION OF IMPACT FROM the Public Utility Regulatory Policies Act of rule entitled ‘‘Carbon Pollution Emission CROSS-SUBSIDIZATION OF CUSTOMER-SIDE TECH- 1978 (16 U.S.C. 2622(c)) is amended by adding Guidelines for Existing Stationary Sources: NOLOGY.— at the end the following: ‘‘In the case of the EGUs in Indian Country and U.S. Territories; ‘‘(A) DEFINITION OF CUSTOMER-SIDE TECH- standard established by paragraph (20) of sec- Multi-Jurisdictional Partnerships’’ (79 Fed. NOLOGY.—In this paragraph, the term ‘cus- tion 111(d), the reference contained in this Reg. 65482 (November 4, 2014)). tomer-side technology’ means a device con- subsection to the date of enactment of this (2) INCLUSION.—The term ‘‘compliance nected to the electricity distribution sys- Act shall be deemed to be a reference to the date’’ includes the date by which State plans tem— date of enactment of that paragraph.’’.

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.038 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S358 CONGRESSIONAL RECORD — SENATE January 28, 2016 SA 3054. Mr. FLAKE (for himself, Mr. to the Committee on Appropriations of the (xi) the Administrator of the Small Busi- BENNET, Mr. MCCAIN, and Mr. ALEX- Senate and the Committee on Appropria- ness Administration. ANDER) submitted an amendment in- tions of the House of Representatives a re- (3) SERVICE.— tended to be proposed to amendment port that— (A) IN GENERAL.—Subject to subparagraph (1) describes the annual estimated avoided (B), the term ‘‘service’’ has the meaning SA 2953 proposed by Ms. MURKOWSKI to costs and the savings as a result of the pilot given the term by the Director of the Office the bill S. 2012, to provide for the mod- project under this section; and of Management and Budget. ernization of the energy policy of the (2) includes a certification from the Ad- (B) REQUIREMENTS.—For purposes of sub- United States, and for other purposes; ministrator that— paragraph (A), the term ‘‘service’’ shall be which was ordered to lie on the table; (A) the rates for each power system do not limited to activities, assistance, or other aid as follows: recover costs and expenses recovered by that provides a direct benefit to a recipient, other power systems; and such as— At the appropriate place, insert the fol- (i) the provision of technical assistance; lowing: (B) each expense allocated by the corporate services office to an individual power (ii) assistance for housing or tuition; or SEC. lll. REFUND OF FUNDS USED BY STATES system is only recovered once. (iii) financial support (including grants, TO OPERATE NATIONAL PARKS DUR- loans, tax credits, and tax deductions). ING SHUTDOWN. (c) TERMINATION.—The pilot project under (b) REPORT.— (a) IN GENERAL.—The Director of the Na- this section shall terminate on the date that (1) IN GENERAL.—Not later than January 1, tional Park Service shall refund to each is 10 years after the date of enactment of this Act. 2017, the Secretary, in consultation with the State all funds of the State that were used to agency heads described in clauses (ii) reopen and temporarily operate a unit of the SA 3056. Mr. FLAKE (for himself, through (xi) of subsection (a)(2)(B), shall sub- National Park System during the period in mit to Congress and make available on the Mrs. MCCASKILL, and Mr. BOOKER) sub- October 2013 in which there was a lapse in public Internet website of the Department a appropriations for the unit. mitted an amendment intended to be report that describes the applicable pro- (b) FUNDING.—Funds of the National Park proposed to amendment SA 2953 programs. Service that are appropriated after the date posed by Ms. MURKOWSKI to the bill S. (2) REQUIREMENTS.—In preparing the report of enactment of this Act shall be used to 2012, to provide for the modernization under paragraph (1), the Secretary shall— carry out this section. of the energy policy of the United (A) determine the approximate annual total administrative expenses of each appli- SA 3055. Mr. FLAKE (for himself and States, and for other purposes; which was ordered to lie on the table; as fol- cable program; Mr. MCCAIN) submitted an amendment (B) determine the approximate annual ex- intended to be proposed to amendment lows: penditures for services for each applicable SA 2953 proposed by Ms. MURKOWSKI to Strike section 1020 (relating to an evalua- program; the bill S. 2012, to provide for the mod- tion of potentially duplicative green building (C) describe the intended market for each ernization of the energy policy of the programs within the Department of Energy) applicable program, including the— and insert the following: United States, and for other purposes; (i) estimated the number of clients served which was ordered to lie on the table; SEC. 1020. EVALUATION OF POTENTIALLY DUPLI- by each applicable program; and CATIVE GREEN BUILDING PRO- (ii) beneficiaries who received services or as follows: GRAMS. information under the applicable program (if At the appropriate place, insert the fol- (a) DEFINITIONS.—In this section: applicable and if data is readily available); lowing: (1) ADMINISTRATIVE EXPENSES.— (D) estimate— SEC. llll. WESTERN AREA POWER ADMINIS- (A) IN GENERAL.—The term ‘‘administra- (i) the number of full-time employees who TRATION PILOT PROJECT. tive expenses’’ has the meaning given the administer each applicable program; and (a) IN GENERAL.—The Administrator of the term by the Director of the Office of Manage- (ii) the number of full-time equivalents Western Area Power Administration (re- ment and Budget under section 504(b)(2) of (the salary of whom is paid in part or full by ferred to in this section as the ‘‘Adminis- the Energy and Water Development and Re- the Federal Government through a grant or trator’’) shall establish a pilot project, as lated Agencies Appropriations Act, 2010 (31 contract, a subaward of a grant or contract, part of the continuous process improvement U.S.C. 1105 note; Public Law 111–85). a cooperative agreement, or another form of program and to provide increased trans- (B) INCLUSIONS.—The term ‘‘administrative financial award or assistance) who assist in parency for customers, to publish on a pub- expenses’’ includes, with respect to an agen- administering the applicable program; licly available website of the Western Area cy— (E) briefly describe the type of services Power Administration, a searchable database (i) costs incurred by— each applicable program provides, such as in- of the following information, beginning with (I) the agency; or formation, grants, technical assistance, fiscal year 2008, relating to the Western Area (II) any grantee, subgrantee, or other re- loans, tax credits, or tax deductions; Power Administration: cipient of funds from a grant program or (F) identify the type of recipient who is in- (1) By power system, rates charged to cus- other program administered by the agency; tended to benefit from the services or infor- tomers for power and transmission service. and mation provided under the applicable pro- (2) By power system, the amount of capac- (ii) expenses relating to personnel salaries gram, such as individual property owners or ity or energy sold. and benefits, property management, travel, renters, local governments, businesses, non- (3) By region, a detailed accounting of the program management, promotion, reviews profit organizations, or State governments; allocation of budget authority, including— and audits, case management, and commu- and (A) overhead costs; nication regarding, promotion of, and out- (G) identify whether written program goals (B) the number of contractors; and reach for programs and program activities are available for each applicable program. (C) the number of full-time equivalents. administered by the agency. (c) RECOMMENDATIONS.—Not later than (4) For the corporate services office, a de- (2) APPLICABLE PROGRAM.—The term ‘‘ap- January 1, 2017, the Secretary, in consulta- tailed accounting of the allocation of budget plicable program’’ means any program that tion with the agency heads described in authority, including— is— clauses (ii) through (xi) of subsection (A) overhead costs; (A) listed in Table 9 (pages 348–350) of the (a)(2)(B), shall submit to Congress a report (B) the number of contractors; report of the Government Accountability Of- that includes— (C) the number of full-time equivalents; fice entitled ‘‘2012 Annual Report: Opportuni- (1) a recommendation of whether any ap- and ties to Reduce Duplication, Overlap and plicable program should be eliminated or (D) expenses charged to other Federal Fragmentation, Achieve Savings, and En- consolidated, including any legislative agencies or programs for the administration hance Revenue’’; and changes that would be necessary to elimi- of programs not related to the marketing, (B) administered by— nate or consolidate applicable programs; and transmission, or wheeling of Federal hydro- (i) the Secretary; (2) methods to improve the applicable pro- power resources, including— (ii) the Secretary of Agriculture; grams by establishing program goals or in- (i) overhead costs; (iii) the Secretary of Defense; creasing collaboration to reduce any poten- (ii) the number of contractors; and (iv) the Secretary of Education; tial overlap or duplication, taking into ac- (iii) the number of full-time equivalents. (v) the Secretary of Health and Human count— (5) Capital expenditures, including— Services; (A) the 2011 report of the Government Ac- (A) capital investments delineated by the (vi) the Secretary of Housing and Urban countability Office entitled ‘‘Federal Initia- year in which each investment is placed into Development; tives for the Nonfederal Sector Could Benefit service; and (vii) the Secretary of Transportation; from More Interagency Collaboration’’; and (B) the sources of capital for each invest- (viii) the Secretary of the Treasury; (B) the report of the Government Account- ment. (ix) the Administrator of the Environ- ability Office entitled ‘‘2012 Annual Report: (b) REPORT.—Not less than once each year mental Protection Agency; Opportunities to Reduce Duplication, Over- for the duration of the pilot project under (x) the Director of the National Institute lap and Fragmentation, Achieve Savings, this section, the Administrator shall submit of Standards and Technology; or and Enhance Revenue’’.

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(d) ANALYSES.—Not later than January 1, ing authorized project purposes for water evant dam or reservoir, including incor- 2017, the Secretary, in consultation with the supply benefits and flood control operations; porating knowledge of hydrological and me- agency heads described in clauses (ii) (2) for which the water control manual and teorological conditions that influence the through (xi) of subsection (a)(2)(B), shall hydrometeorological information estab- timing and quantity of runoff; identify— lishing the flood control rule curves of the (3) improved hydrologic forecasting for (1) which applicable programs were specifi- project have not been substantially revised precipitation, snowpack, and soil moisture cally authorized by Congress; and during the 15-year period ending on the date conditions; (2) which applicable programs are carried of review by the Secretary; and (4) an adjustment of operational flood con- out solely under the discretionary authority (3) for which the non-Federal sponsor or trol rule curves to optimize water supply of the Secretary or any agency head de- sponsors of a Corps of Engineers project, the storage and reliability, hydropower produc- scribed in clauses (ii) through (xi) of sub- owner of a non-Federal project, or the non- tion, environmental benefits for flows and section (a)(2)(B). Federal transferred works operating entity, temperature, and other authorized project as applicable, has submitted to the Secretary benefits, without a reduction in flood safety; SA 3057. Mr. FLAKE (for himself and a written request to revise water operations and Mrs. FEINSTEIN) submitted an amend- manuals, including flood control rule curves, (5) proactive management in response to ment intended to be proposed to based on the use of improved weather fore- changes in forecasts. casting or run-off forecasting methods, new amendment SA 2953 proposed by Ms. (g) FUNDING.—The Secretary may accept watershed data, changes to project oper- and expend amounts from non-Federal enti- MURKOWSKI to the bill S. 2012, to pro- ations, or structural improvements. ties to fund all or a portion of the cost of vide for the modernization of the en- (d) PILOT PROJECTS.— carrying out a review or revision of oper- ergy policy of the United States, and (1) IN GENERAL.—Not later than 1 year after ational documents, including water control for other purposes; which was ordered the date of identification of projects under plans, water control manuals, water control to lie on the table; as follows: subsection (c), if any, the Secretary shall diagrams, release schedules, rule curves, carry out not more than 15 pilot projects, operational agreements with non-Federal en- At the appropriate place, insert the fol- which shall include not less than 6 non-Fed- lowing: tities, and any associated environmental eral projects, to implement revisions of documentation for— SEC. llll. HYDROPOWER RESERVOIR OPER- water operations manuals, including flood ATION IMPROVEMENT. (1) a Corps of Engineers project; control rule curves, based on the best avail- (2) a non-Federal project regulated for (a) DEFINITIONS.—In this section: able science, which may include— flood control by the Secretary; or (1) RESERVED WORKS.—The term ‘‘reserved (A) forecast-informed operations; works’’ means any Bureau of Reclamation (3) a Bureau of Reclamation transferred (B) new watershed data; and works regulated for flood control by the Sec- project facility at which the Secretary of the (C) if applicable, in the case of non-Federal Interior carries out the operation and main- retary. projects, structural improvements. (h) EFFECT.— tenance of the project facility. (2) CONSULTATION.—In implementing a (1) MANUAL REVISIONS.—A revision of a (2) SECRETARY.—The term ‘‘Secretary’’ pilot project under this subsection, the Sec- manual shall not interfere with the author- means the Secretary of the Army. retary shall consult with all affected inter- ized purposes of a Federal project or the ex- (3) TRANSFERRED WORKS.—The term ‘‘trans- ests, including— isting purposes of a non-Federal project reg- ferred works’’ means a Bureau of Reclama- (A) non-Federal entities responsible for op- ulated for flood control by the Secretary. tion project facility, the operation and main- erations and maintenance costs of a Federal (2) EFFECT OF SECTION.— tenance of which is carried out by a non-Fed- facility; (A) Nothing in this section authorizes the eral entity, under the provisions of a formal (B) individuals and entities with storage Secretary to carry out, at a Federal dam or operation and maintenance transfer con- entitlements; and reservoir, any project or activity for a pur- tract. (C) local agencies with flood control re- pose not otherwise authorized as of the date (4) TRANSFERRED WORKS OPERATING ENTI- sponsibilities downstream of a facility. of enactment of this Act. TY.—The term ‘‘transferred works operating (e) COORDINATION WITH NON-FEDERAL (B) Nothing in this section affects or modi- entity’’ means the organization that is con- PROJECT ENTITIES.—If a project identified fies any obligation of the Secretary under tractually responsible for operation and under subsection (c) is— State law. maintenance of transferred works. (1) a non-Federal project, the Secretary, (3) BUREAU OF RECLAMATION RESERVED (b) REPORT.—Not later than 180 days after prior to carrying out an activity under this WORKS EXCLUDED.—This section— the date of enactment of this Act, the Sec- section, shall— (A) shall not apply to any dam or reservoir retary shall submit to the Committees on (A) consult with the non-Federal project operated by the Bureau of Reclamation as a Appropriations of the Senate and the House owner; and reserved work, unless all non-Federal project of Representatives a report including, for (B) enter into a cooperative agreement, sponsors of a reserved work jointly provide any State in which a county designated by memorandum of understanding, or other to the Secretary a written request for appli- the Secretary of Agriculture as a drought agreement with the non-Federal project cation of this section to the project; and disaster area during water year 2015 is lo- owner describing the scope and goals of the (B) shall apply only to Bureau of Reclama- cated, a list of projects, including Corps of activity and the coordination among the par- tion transferred works at the written request Engineers projects, non-Federal projects, and ties; and of the transferred works operating entity. transferred works, operated for flood control (2) a Federal project, the Secretary, prior (i) MODIFICATIONS TO MANUALS AND in accordance with rules prescribed by the to carrying out an activity under this sec- CURVES.—Not later than 180 days after the Secretary pursuant to section 7 of the Act of tion, shall— date of completion of a modification to an December 22, 1944 (commonly known as the (A) consult with each Federal and non-Fed- operations manual or flood control rule ‘‘Flood Control Act of 1944’’) (58 Stat. 890, eral entity (including a municipal water dis- curve, the Secretary shall submit to Con- chapter 665), including, as applicable— trict, irrigation district, joint powers au- gress a report regarding the components of (1) the year the original water control thority, transferred works operating entity, the forecast-based reservoir operations plan manual was approved; or other local governmental entity) that cur- incorporated into the change. (2) the year for any subsequent revisions to rently— the water control plan and manual of the (i) manages (in whole or in part) a Federal SA 3058. Mr. BLUNT (for himself, Mr. project; dam or reservoir; or INHOFE, and Mr. LANKFORD) submitted (3) a list of projects for which— (ii) is responsible for operations and main- an amendment intended to be proposed (A) operational deviations for drought con- tenance costs; and tingency have been requested; (B) enter into a cooperative agreement, to amendment SA 2953 proposed by Ms. (B) the status of the request; and memorandum of understanding, or other MURKOWSKI to the bill S. 2012, to pro- (C) a description of how water conservation agreement with each such entity describing vide for the modernization of the en- and water quality improvements were ad- the scope and goals of the activity and the ergy policy of the United States, and dressed; and coordination among the parties. for other purposes; which was ordered (4) a list of projects for which permanent (f) CONSIDERATION.—In designing and im- to lie on the table; as follows: or seasonal changes to storage allocations plementing a forecast-informed reservoir op- have been requested, and the status of the erations plan, the Secretary may consider— At the end, add the following: request. (1) the relationship between ocean and at- TITLE ll—SOCIAL COST OF CARBON (c) PROJECT IDENTIFICATION.—Not later mospheric conditions, including— SEC. ll01. FINDINGS. than 60 days after the date of completion of (A) the El Nin˜ o and La Nin˜ a cycles; and Congress finds that— the report under subsection (b), the Sec- (B) the potential for above-normal, nor- (1) the social cost of carbon is an estimate, retary shall identify any projects described mal, and below-normal rainfall for the com- used by Federal agencies in regulatory im- in the report— ing water year, including consideration of pact analyses, of damage caused by a 1-met- (1) for which the modification of the water atmospheric river forecasts; ric-ton increase in carbon dioxide emissions; operations manuals, including flood control (2) the precipitation and runoff index spe- (2) between January 2008 and November rule curve, would be likely to enhance exist- cific to the basin and watershed of the rel- 2015, various Federal agencies have cited the

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.039 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S360 CONGRESSIONAL RECORD — SENATE January 28, 2016 social cost of carbon in 125 different proposed (including regulations), the Secretary, ther appeal or review, in all actions (includ- rules, final rules, and other actions; SWPA, and WAPA may not carry out any ing any action filed pursuant to section 307 (3) between January 2008 and November Project under this section through the use of of the Clean Air Act (42 U.S.C. 7607)) that— 2015, by citing the social cost of carbon in 73 eminent domain, unless the use of eminent (A) are filed during the 60 days described in different proposed rules, final rules, and domain is explicitly authorized by— paragraph (1); and other actions, the Department has cited the ‘‘(1) the Governor and the head of each ap- (B) seek review of any aspect of the final social cost of carbon more than any other plicable public utility commission, public rule. Federal agency; service commission, or other equivalent (4) the social cost of carbon estimate was State agency exercising jurisdiction over SA 3062. Mrs. CAPITO submitted an developed in a closed interagency working electric transmission lines of the affected amendment intended to be proposed to group without notice or public participation; State; and amendment SA 2953 proposed by Ms. (5) the Administrator of the Office of Infor- ‘‘(2) the head of the governing body of each MURKOWSKI to the bill S. 2012, to pro- mation and Regulatory Affairs agreed to Indian tribe the land of which would be af- vide for the modernization of the en- public comment on the social cost of carbon fected. ergy policy of the United States, and estimate in 2013, only after written requests ‘‘(e) SITING REQUIREMENT.—To the max- from Congress and the public; and imum extent practicable, a Project carried for other purposes; which was ordered (6) the National Academy of Sciences rec- out under this section shall be sited on— to lie on the table; as follows: ommended that the interagency working ‘‘(1) an existing Federal right-of-way; or At the end, add the following: group that developed the social cost of car- ‘‘(2) Federal land managed by— SEC. l002. DEFINITIONS. bon estimate increase transparency on the ‘‘(A) the Bureau of Land Management; In this title: ways in which the social cost of carbon esti- ‘‘(B) the Forest Service; (1) ADMINISTRATOR.—The term ‘‘Adminis- mate is used in the formulation of regula- ‘‘(C) the Bureau of Reclamation; or trator’’ means the Administrator of the En- tions. ‘‘(D) the Corps of Engineers.’’. vironmental Protection Agency. SEC. ll02. SUBMISSION OF RESULTS OF MOD- (2) BEST AVAILABLE CONTROL TECHNOLOGY.— ELING. SA 3061. Mrs. CAPITO (for herself The term ‘‘best available control tech- (a) IN GENERAL.—Not later than 60 days and Mr. MANCHIN) submitted an amend- nology’’ has the meaning given the term in after date of enactment of this Act, the Di- ment intended to be proposed to section 169 of the Clean Air Act (42 U.S.C. rector of the Office of Management and amendment SA 2953 proposed by Ms. 7479). Budget (referred to in this section as the MURKOWSKI to the bill S. 2012, to pro- (3) LOWEST ACHIEVABLE EMISSION RATE.— ‘‘Director’’) shall submit to the Speaker of The term ‘‘lowest achievable emission rate’’ the House of Representatives and the Presi- vide for the modernization of the energy policy of the United States, and has the meaning given the term in section dent pro tempore of the Senate, at a min- 171 of the Clean Air Act (42 U.S.C. 7501). imum, the results of modeling that examines for other purposes; which was ordered (4) MAJOR EMITTING FACILITY; MAJOR STA- and determines the social cost carbon using to lie on the table; as follows: TIONARY SOURCE.—The terms ‘‘major emit- the guidelines and discount rates described At the appropriate place, insert the fol- ting facility’’ and ‘‘major stationary source’’ in Executive Order 12866 (5 U.S.C. 601 note; lowing: have the meaning given those terms in sec- relating to regulatory planning and review) SEC. ll. EXTENSION OF COMPLIANCE DATES. tion 302 of the Clean Air Act (42 U.S.C. 7602). so as to conform with the base case analysis (a) DEFINITIONS.—In this section: (5) NATIONAL AMBIENT AIR QUALITY STAND- recommendations in Office of Management (1) COMPLIANCE DATE.— ARD.—The term ‘‘national ambient air qual- and Budget Circulars A-4 (as in effect on Sep- (A) IN GENERAL.—The term ‘‘compliance ity standard’’ means a national ambient air tember 17, 2003) and A-94. date’’ means, with respect to any require- quality standard for an air pollutant under (b) ADDITIONAL INFORMATION.—The Direc- ment of a final rule, the date by which any section 109 of the Clean Air Act (42 U.S.C. tor may include in the submission described State, local, or tribal government or other 7409) that is finalized on or after the date of in subsection (a) such other information as person is first required to comply with the enactment of this Act. the Director considers to be appropriate. requirement. (6) PRECONSTRUCTION PERMIT.— (A) IN GENERAL.—The term Mr. BOOZMAN (for himself (B) INCLUSION.—The term ‘‘compliance SA 3059. date’’ includes the date by which State plans ‘‘preconstruction permit’’ means a permit and Mr. COTTON) submitted an amend- are required to be submitted to the Adminis- that is required under part C or D of title I ment intended to be proposed to trator of the Environmental Protection of the Clean Air Act (42 U.S.C. 7470 et seq.) amendment SA 2953 proposed by Ms. Agency under any final rule. for the construction or modification of a MURKOWSKI to the bill S. 2012, to pro- (2) FINAL RULE.— major emitting facility or major stationary vide for the modernization of the en- (A) IN GENERAL.—The term ‘‘final rule’’ source. ergy policy of the United States, and means any proposed or final rule to address (B) INCLUSIONS.—The term for other purposes; which was ordered carbon dioxide emissions from existing ‘‘preconstruction permit’’ includes any permit described in subparagraph (A) that is to lie on the table; as follows: sources that are fossil fuel-fired electric utility generating units under section 111 of the issued by— At the end of subtitle D of title II, add the Clean Air Act (42 U.S.C. 7411). (i) the Environmental Protection Agency; following: (B) INCLUSIONS.—The term ‘‘final rule’’ in- or SEC. 23lll. REPEAL OF THIRD-PARTY FINANCE cludes— (ii) a State, local, or tribal permitting au- PROVISIONS. (i) the rule entitled ‘‘Carbon Pollution thority. Section 1222 of the Energy Policy Act of Emission Guidelines for Existing Stationary (7) RACT/BACT/LAER CLEARINGHOUSE 2005 (42 U.S.C. 16421) is repealed. Sources: Electric Utility Generating Units’’ DATABASE.—The term ‘‘RACT/BACT/LAER (80 Fed. Reg. 64662 (October 23, 2015)); or Clearinghouse database’’ means the central SA 3060. Mr. BOOZMAN (for himself, (ii) any final rule that succeeds— database of air pollution technology infor- Mr. COTTON, Mr. BLUNT, and Mr. ALEX- (I) the proposed rule entitled ‘‘Carbon Pol- mation that is posted on the Internet ANDER) submitted an amendment in- lution Emission Guidelines for Existing Sta- website of the Environmental Protection tended to be proposed to amendment tionary Sources: Electric Utility Generating Agency. SA 2953 proposed by Ms. MURKOWSKI to Units’’ (79 Fed. Reg. 34830 (June 18, 2014)); or SEC. l003. BUILDING AND MANUFACTURING the bill S. 2012, to provide for the mod- (II) the supplemental proposed rule enti- PROJECTS DASHBOARD. ernization of the energy policy of the tled ‘‘Carbon Pollution Emission Guidelines (a) IN GENERAL.—For fiscal year 2008 and each fiscal year thereafter, the Adminis- United States, and for other purposes; for Existing Stationary Sources: EGUs in In- dian Country and U.S. Territories; Multi-Ju- trator shall publish in a readily accessible which was ordered to lie on the table; risdictional Partnerships’’ (79 Fed. Reg. 65482 location on the Internet website of the Envi- as follows: (November 4, 2014)). ronmental Protection Agency an estimate by At the end of subtitle D of title II, add the (b) EXTENSIONS.—Each compliance date of the Administrator of, with respect to the ap- following: any final rule is deemed to be extended by plicable fiscal year— SEC. 23lll. PROHIBITION ON EMINENT DOMAIN the time period equal to the time period de- (1) the total number of preconstruction FOR CERTAIN PROJECTS. scribed in subsection (c). permits issued by the Environmental Protec- Section 1222 of the Energy Policy Act of (c) PERIOD DESCRIBED.—The time period de- tion Agency; 2005 (42 U.S.C. 16421) is amended— scribed in this subsection is the period of (2) the percentage of those preconstruction (1) by redesignating subsections (d) days that— permits issued by the date that is 1 year through (g) as subsections (f) through (i), re- (1) begins on the date that is 60 days after after the date of filing of completed applica- spectively; and the day on which notice of promulgation of tions for the permits; and (2) by inserting after subsection (c) the fol- a final rule appears in the Federal Register; (3) the average length of time required for lowing: and the Environmental Appeals Board of the En- ‘‘(d) PROHIBITION ON EMINENT DOMAIN.— (2) ends on the date on which judgement vironmental Protection Agency to issue a Notwithstanding any other provision of law becomes final, and no longer subject to fur- final decision regarding petitions appealing

VerDate Sep 11 2014 04:53 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.039 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S361 decisions to grant or deny a preconstruction (1) identifies the activities carried out by and the Committees on Energy and Natural permit application. the Environmental Protection Agency to in- Resources and Commerce, Science, and (b) INITIAL PUBLICATION; UPDATES.—The crease the efficiency of the preconstruction Transportation of the Senate a report de- Administrator shall— permitting process; scribing the results of the study under sub- (1) make the publication required by sub- (2) identifies the specific reasons for delays section (a); and section (a) for fiscal years 2008 through 2014 in issuing— (2) publish those results on the Internet by not later than 60 days after the date of en- (A) preconstruction permits required under websites of the Departments of Energy and actment of this Act; and part C of the Clean Air Act (42 U.S.C. 7470 et Commerce, respectively. (2) update that publication not less fre- seq.) beyond the 1-year deadline mandated by quently than annually. section 165(c) of that Act (42 U.S.C. 7475(c)); SA 3064. Ms. HIRONO submitted an (c) SOURCES OF INFORMATION.— or amendment intended to be proposed to (1) FISCAL YEARS 2008 THROUGH 2014.—In car- (B) preconstruction permits required under amendment SA 2953 proposed by Ms. rying out this section with respect to the in- part D of the Clean Air Act (42 U.S.C. 7501 et MURKOWSKI to the bill S. 2012, to pro- formation required to be published for fiscal seq.) beyond the 1-year period beginning on vide for the modernization of the en- years 2008 through 2014, the estimates of the the date on which the permit application is Administrator shall be based on information determined to be complete; ergy policy of the United States, and in the possession of the Administrator as of (3) describes the means by which the Ad- for other purposes; which was ordered the date of enactment of this Act, including ministrator is resolving— to lie on the table; as follows: information in the RACT/BACT/LAER Clear- (A) delays in making completeness deter- In section 3602(d)(1)(B), after ‘‘State’’ in- inghouse database. minations for preconstruction permit appli- sert the following: ‘‘(as defined in 202 of the (2) NO REQUIREMENT TO COLLECT ADDITIONAL cations; and Energy Conservation and Production Act (42 INFORMATION.—Nothing in this section re- (B) processing delays for preconstruction U.S.C. 6802)) (referred to in this section as quires the Administrator to seek or collect permits, including any increases in commu- the ‘State’)’’. any information in addition to the informa- nication with State and local permitting au- tion that is voluntarily provided by States thorities; and SA 3065. Ms. HIRONO submitted an and local air agencies for the RACT/BACT/ (4) summarizes and responds to public com- amendment intended to be proposed to LAER Clearinghouse database with respect ments received under subsection (b) con- amendment SA 2953 proposed by Ms. to the information required to be published cerning the report. MURKOWSKI to the bill S. 2012, to pro- under this section for any fiscal year. (b) PUBLIC COMMENT.—Before submitting a vide for the modernization of the en- SEC. l004. TIMELY ISSUANCE OF REGULATIONS report required by subsection (a), the Admin- AND GUIDANCE TO ADDRESS NEW istrator shall— ergy policy of the United States, and OR REVISED NATIONAL AMBIENT (1) publish on the Internet website of the for other purposes; which was ordered AIR QUALITY STANDARDS IN Environmental Protection Agency a draft of to lie on the table; as follows: PRECONSTRUCTION PERMITTING. the report; and In section 3602(d), strike paragraph (3) and (a) PROPOSED REGULATIONS.—In publishing (2) provide to the public a period of not less any final rule establishing or revising a na- insert the following: than 30 days to submit comments regarding (3) work with Indian tribes (as defined in tional ambient air quality standard, the Ad- the draft report. ministrator shall, as the Administrator de- section 4 of the Indian Self-Determination (c) SOURCES OF INFORMATION.—Nothing in and Education Assistance Act (25 U.S.C. termines to be necessary and appropriate to this section compels the Environmental Pro- assist States, permitting authorities, and 450b)), tribal organizations (as defined in sec- tection Agency to seek or collect any infor- tion 3765 of title 38, United States Code), and permit applicants, concurrently publish pro- mation in addition to the information that is posed regulations and guidance for imple- Native American veterans (as defined in sec- voluntarily provided by States and local air tion 3765 of title 38, United States Code); menting the standard, including information agencies for the RACT/BACT/LAER Clearing- relating to submission and consideration of a house database. preconstruction permit application under SA 3066. Ms. HIRONO submitted an the new or revised standard. SA 3063. Mrs. CAPITO (for herself amendment intended to be proposed to (b) APPLICABILITY OF STANDARD TO and Mr. MANCHIN) submitted an amend- amendment SA 2953 proposed by Ms. PRECONSTRUCTION PERMITTING.—A new or re- ment intended to be proposed to MURKOWSKI to the bill S. 2012, to pro- vised national ambient air quality standard amendment SA 2953 proposed by Ms. vide for the modernization of the en- shall not apply to the review and disposition MURKOWSKI to the bill S. 2012, to pro- ergy policy of the United States, and of a preconstruction permit application until for other purposes; which was ordered the Administrator publishes final implemen- vide for the modernization of the en- tation regulations and guidance that include ergy policy of the United States, and to lie on the table; as follows: information relating to submission and con- for other purposes; as follows: In section 3602(d), strike paragraph (2) and sideration of a preconstruction permit appli- At the end of subtitle B of title III, add the insert the following: cation under the standard. following: (2) work with the Secretary of Defense and (c) EFFECT OF SECTION.— SEC. 310ll. ETHANE STORAGE STUDY. the Secretary of Veterans Affairs or veteran (1) IN GENERAL.—After publishing regula- (a) IN GENERAL.—The Secretary and the service organizations recognized by the Sec- tions and guidance for implementing na- Secretary of Commerce, in consultation with retary of Veterans Affairs under section 5902 tional ambient air quality standards under other relevant Federal departments and of title 38, United States Code, to transition subsection (a), nothing in this section pre- agencies and stakeholders, shall conduct a members of the Armed Forces and veterans cludes the Administrator from issuing subse- study of the feasibility of establishing an to careers in the energy sector; quent regulations or guidance to assist ethane storage and distribution hub in the States and facilities in implementing those Marcellus, Utica, and Rogersville shale plays SA 3067. Ms. HIRONO submitted an standards. in the United States. amendment intended to be proposed to (2) REQUIREMENTS OF APPLICANTS.—Nothing (b) CONTENTS.—The study conducted under amendment SA 2953 proposed by Ms. in this section eliminates the obligation of a subsection (a) shall include— MURKOWSKI to the bill S. 2012, to pro- preconstruction permit applicant to install (1) an examination of, with respect to the vide for the modernization of the en- best available control technology and lowest proposed ethane storage and distribution ergy policy of the United States, and achievable emission rate technology, as ap- hub— plicable. (A) potential locations; for other purposes; as follows: (3) STATE, LOCAL, AND TRIBAL AUTHORITY.— (B) economic feasibility; At the end of subtitle H of title IV, add the Nothing in this section limits the authority (C) economic benefits; following: of a State, local, or tribal permitting author- (D) geological storage capacity capabili- SEC. 47ll. MODERNIZATION OF TERMS RELAT- ity to impose emission requirements pursu- ties; ING TO MINORITIES. ant to State, local, or tribal law that are (E) above-ground storage capabilities; (a) OFFICE OF MINORITY ECONOMIC IMPACT.— more stringent than the applicable Federal (F) infrastructure needs; and Section 211(f)(1) of the Department of Energy national ambient air quality standards es- (G) other markets and trading hubs, par- Organization Act (42 U.S.C. 7141(f)(1)) is tablished by the Environmental Protection ticularly hubs relating to ethane; and amended by striking ‘‘a Negro, Puerto Rican, Agency. (2) the identification of potential addi- American Indian, Eskimo, Oriental, or Aleut SEC. l005. REPORT TO CONGRESS REGARDING tional benefits of the proposed hub to energy or is a Spanish speaking individual of Span- ACTIONS TO EXPEDITE REVIEW OF security. ish descent’’ and inserting ‘‘Asian American, PRECONSTRUCTION PERMITS. (c) PUBLICATION OF RESULTS.—Not later Native Hawaiian, a Pacific Islander, African- (a) IN GENERAL.—Not later than 180 days than 2 years after the date of enactment of American, Hispanic, Puerto Rican, Native after the date of enactment of this Act, and this Act, the Secretary and the Secretary of American, or an Alaska Native’’. annually thereafter, the Administrator shall Commerce shall— (b) MINORITY BUSINESS ENTERPRISES.—Sec- submit to Congress a report that, with re- (1) submit to the Committee on Energy and tion 106(f)(2) of the Local Public Works Cap- spect to the period covered by the report— Commerce of the House of Representatives ital Development and Investment Act of 1976

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(42 U.S.C. 6705(f)(2)) is amended in the third fication and development of a research pro- ‘‘(ii) RENEWABLE ENERGY.—The generation sentence by striking ‘‘Negroes, Spanish- gram by the Department or a strategic part- of electric power (including the leasing of speaking, Orientals, Indians, Eskimos, and ner of the Department; tangible personal property used for such gen- Aleuts’’ and inserting ‘‘Asian American, Na- (6) LDRD projects in the same topic area eration) exclusively utilizing any resource tive Hawaiian, Pacific Islanders, African- may be funded at various laboratories to ex- described in section 45(c)(1) or energy prop- American, Hispanic, Native American, or plore potential paths for a program in that erty described in section 48 (determined Alaska ®Natives’’. topic area; without regard to any termination date), or (7) LDRD projects provide valuable in- in the case of a facility described in para- SA 3068. Ms. HIRONO (for herself and sights for peer-review strategic assessments graph (3) or (7) of section 45(d) (determined Mr. BROWN) submitted an amendment conducted by the Department in the program without regard to any placed in service date intended to be proposed to amendment planning process; or date by which construction of the facility SA 2953 proposed by Ms. MURKOWSKI to (8) LDRD is an important recruitment and is required to begin), the accepting or proc- the bill S. 2012, to provide for the mod- retention tool for the National Laboratories; essing of such resource. ernization of the energy policy of the (9) the recruitment and retention tool that ‘‘(iii) ELECTRICITY STORAGE DEVICES.—The receipt and sale of electric power that has United States, and for other purposes; LDRD provides is especially crucial for the laboratories operated by the National Nu- been stored in a device directly connected to which was ordered to lie on the table; clear Security Administration, which must the grid. as follows: attract new staff to the laboratories in order ‘‘(iv) COMBINED HEAT AND POWER.—The gen- At the end of subtitle A of title I, add the to maintain a highly trained workforce to eration, storage, or distribution of thermal following: support the missions of the National Nuclear energy exclusively utilizing property de- SEC. 1022. CONTRACTS FOR FEDERAL PUR- Security Administration with respect to nu- scribed in section 48(c)(3) (determined with- CHASES OF ENERGY. clear weapons and national security; and out regard to subparagraphs (B) and (D) Part 3 of title V of the National Energy (10) the October 28, 2015, Final Report of thereof and without regard to any placed in Conservation Policy Act is amended by add- the Commission to Review the Effectiveness service date). ing after section 553 (42 U.S.C. 8259b) the fol- of the National Energy Laboratories— ‘‘(v) RENEWABLE THERMAL ENERGY.—The lowing: (A) strongly endorsed LDRD programs generation, storage, or distribution of ther- ‘‘SEC. 554. LONG-TERM CONTRACTS FOR ENERGY. both now and into the future; and mal energy exclusively using any resource ‘‘(a) IN GENERAL.—Notwithstanding section (B) supported restoration of the cap on described in section 45(c)(1) or energy prop- 501(b)(1)(B) of title 40, United States Code, a LDRD to 6 percent unburdened or the equiva- erty described in clause (i) or (iii) of section contract for the acquisition of renewable en- lent of 6 percent unburdened. 48(a)(3)(A). ergy or energy from cogeneration facilities (b) GENERAL AND ADMINISTRATIVE OVER- ‘‘(vi) WASTE HEAT TO POWER.—The use of re- for the Federal Government may be made for HEAD FOR LABORATORY DIRECTED RESEARCH coverable waste energy, as defined in section a period not to exceed 30 years. AND DEVELOPMENT.—The Secretary shall en- 371(5) of the Energy Policy and Conservation ‘‘(b) STANDARDIZED ENERGY PURCHASE sure that laboratory operating contractors Act (42 U.S.C. 6341(5)) (as in effect on the AGREEMENT.—Not later than 90 days after do not allocate costs of general and adminis- date of the enactment of the Energy Policy the date of enactment of this section, the trative overhead to laboratory directed re- Modernization Act of 2015). Secretary, acting through the Federal En- search and development. ‘‘(vii) RENEWABLE FUEL INFRASTRUCTURE.— ergy Management Program, shall publish a The storage or transportation of any fuel de- standardized energy purchase agreement set- SA 3070. Mr. MORAN submitted an scribed in subsection (b), (c), (d), or (e) of ting forth commercial terms and conditions amendment intended to be proposed to section 6426. that agencies may use to acquire renewable amendment SA 2953 proposed by Ms. ‘‘(viii) RENEWABLE FUELS.—The production, energy or energy from cogeneration facili- storage, or transportation of any renewable MURKOWSKI to the bill S. 2012, to pro- ties. fuel described in section 211(o)(1)(J) of the ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- vide for the modernization of the en- Clean Air Act (42 U.S.C. 7545(o)(1)(J)) (as in retary shall provide technical assistance to ergy policy of the United States, and effect on the date of the enactment of the assist agencies in implementing this sec- for other purposes; which was ordered Energy Policy Modernization Act of 2015) or tion.’’. to lie on the table; as follows: section 40A(d)(1). At the end of subtitle E of title IV, add the ‘‘(ix) RENEWABLE CHEMICALS.—The produc- SA 3069. Mr. HEINRICH (for himself following: tion, storage, or transportation of any quali- and Mr. UDALL) submitted an amend- SEC. 44lll. EQUUS BEDS DIVISION EXTENSION. fying renewable chemical (as defined in para- ment intended to be proposed to Section 10(h) of Public Law 86–787 (74 Stat. graph (6)). amendment SA 2953 proposed by Ms. 1026; 120 Stat. 1474) is amended by striking ‘‘(x) ENERGY EFFICIENT BUILDINGS.—The audit and installation through contract or MURKOWSKI to the bill S. 2012, to pro- ‘‘10 years’’ and inserting ‘‘20 years’’. other agreement of any energy efficient vide for the modernization of the en- Mr. MORAN (for himself, building property described in section ergy policy of the United States, and SA 3071. Mr. COONS, Mr. GARDNER, Ms. STABE- 179D(c)(1). for other purposes; which was ordered ‘‘(xi) GASIFICATION WITH SEQUESTRATION.— NOW, and Mr. BENNET) submitted an to lie on the table; as follows: The production of any product or the genera- amendment intended to be proposed to At the end of subtitle C of title IV, add the tion of electric power from a project that following: amendment SA 2953 proposed by Ms. meets the requirements of subparagraphs (A) SEC. 42ll. RESTORATION OF LABORATORY DI- MURKOWSKI to the bill S. 2012, to pro- and (B) of section 48B(c)(1) and that sepa- RECTED RESEARCH AND DEVELOP- vide for the modernization of the en- rates and sequesters in secure geological MENT PROGRAM. ergy policy of the United States, and storage (as determined under section (a) FINDINGS.—Congress finds that— for other purposes; which was ordered 45Q(d)(2)) at least 75 percent of such project’s (1) laboratory directed research and devel- to lie on the table; as follows: total qualified carbon dioxide (as defined in opment (referred to in this subsection as section 45Q(b)). At the appropriate place, insert the fol- ‘‘LDRD’’) is an investment for the future; ‘‘(xii) CARBON CAPTURE AND SEQUESTRA- lowing: (2) the purposes of LDRD are— TION.— SEC. llll. EXTENSION OF PUBLICLY TRADED (A) to recruit, to develop, and to retain a ‘‘(I) POWER GENERATION FACILITIES.—The PARTNERSHIP OWNERSHIP STRUC- creative workforce for a laboratory; and TURE TO ENERGY POWER GENERA- generation or storage of electric power (in- (B) to produce innovative ideas that are TION PROJECTS, TRANSPORTATION cluding associated income from the sale or vital to the ability of a laboratory to FUELS, AND RELATED ENERGY AC- marketing of energy, capacity, resource ade- produce the best scientific work in accord- TIVITIES. quacy, and ancillary services) produced from ance with the mission of the laboratory; (a) IN GENERAL.—Subparagraph (E) of sec- any power generation facility which is, or (3) LDRD has a long history of support and tion 7704(d)(1) of the Internal Revenue Code from any power generation unit within, a accomplishment since 1954, when Congress of 1986 is amended— qualified facility described in section 45Q(c) first authorized LDRD in the Atomic Energy (1) by striking ‘‘income and gains derived which— Act of 1954 (42 U.S.C. 2011 et seq.); from the exploration’’ and inserting ‘‘income ‘‘(aa) in the case of a power generation fa- (4) formal requirements, external review, and gains derived from the following: cility or power generation unit placed in and oversight by the Secretary with respect ‘‘(i) MINERALS, NATURAL RESOURCES, ETC.— service after January 8, 2013, captures 50 per- to LDRD projects ensure that LDRD The exploration’’, cent or more of the qualified carbon dioxide projects— (2) by inserting ‘‘or’’ before ‘‘industrial (as defined in section 45Q(b)) of such facility (A) are selected competitively; and source’’, and disposes of such captured qualified car- (B) explore innovative and new areas of re- (3) by inserting a period after ‘‘carbon di- bon dioxide in secure geological storage (as search that are not covered by existing re- oxide’’, and determined under section 45Q(d)(2)), and search programs; (4) by striking ‘‘, or the transportation or ‘‘(bb) in the case of a power generation fa- (5) LDRD is a resource to support cutting- storage’’ and all that follows and inserting cility or power generation unit placed in edge exploratory research prior to the identi- the following: service before January 9, 2013, captures 30

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.042 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S363 percent or more of the qualified carbon diox- date of the enactment of this Act, in taxable analysis of the impact of exporting natural ide (as defined in section 45Q(b)) of such fa- years ending after such date. gas on— cility and disposes of such captured qualified ‘‘(I) domestic natural gas prices; carbon dioxide in secure geological storage SA 3072. Mr. DONNELLY (for him- ‘‘(II) regional domestic natural gas prices; (as determined under section 45Q(d)(2)). self, Mr. GRASSLEY, Mrs. FISCHER, Mr. ‘‘(III) natural gas prices for domestic con- ‘‘(II) OTHER FACILITIES.—The sale of any THUNE, Mrs. MCCASKILL, Ms. BALDWIN, sumers, manufacturers, and other industries; good or service from any facility (other than Mr. KIRK, Ms. HEITKAMP, Ms. KLO- and a power generation facility) which is a quali- BUCHAR, and Mr. FRANKEN) submitted ‘‘(IV) the global economic competitiveness fied facility described in section 45Q(c) and an amendment intended to be proposed of domestic manufacturers and other domes- the captured qualified carbon dioxide (as so tic industries.’’. defined) of which is disposed of in secure geo- by him to the bill S. 2012, to provide for (b) APPLICABILITY.—The amendment made logical storage (as determined under section the modernization of the energy policy by subsection (a) shall not apply to any ex- 45Q(d)(2)).’’. of the United States, and for other pur- port proposal that received final approval (b) RENEWABLE CHEMICAL.— poses; which was ordered to lie on the from the Secretary before or on the date of (1) IN GENERAL.—Section 7704(d) of such table; as follows: enactment of this Act. Code is amended by adding at the end the At the appropriate place, insert the fol- Mr. BLUNT (for himself and following new paragraph: lowing: SA 3074. Mrs. CAPITO) submitted an amendment ‘‘(6) QUALIFYING RENEWABLE CHEMICAL.— SEC. lll. ETHANOL WAIVER. ‘‘(A) IN GENERAL.—The term ‘qualifying re- Section 211(h)(4) of the Clean Air Act (42 intended to be proposed to amendment newable chemical’ means any renewable U.S.C. 7545(h)(4)) is amended— SA 2953 proposed by Ms. MURKOWSKI to chemical (as defined in section 9001 of the (1) in the matter preceding subparagraph the bill S. 2012, to provide for the mod- Agriculture Act of 2014)— (A), by inserting ‘‘or more’’ after ‘‘10 per- ernization of the energy policy of the ‘‘(i) which is produced by the taxpayer in cent’’; and United States, and for other purposes; the United States or in a territory or posses- (2) in subparagraph (C), by striking ‘‘addi- which was ordered to lie on the table; sion of the United States, tional alcohol or’’. ‘‘(ii) which is the product of, or reliant as follows: upon, biological conversion, thermal conver- SA 3073. Mr. KING (for himself, Ms. At the end, add the following: sion, or a combination of biological and ther- STABENOW, and Mr. FRANKEN) sub- TITLE ll—WITHDRAWAL OF CLEAN mal conversion, of renewable biomass (as de- mitted an amendment intended to be POWER PLAN fined in section 9001(13) of the Farm Security proposed to amendment SA 2953 pro- SEC. ll01. FINDINGS. and Rural Investment Act of 2002), Congress finds that— ‘‘(iii) the biobased content of which is 95 posed by Ms. MURKOWSKI to the bill S. 2012, to provide for the modernization (1) on October 23, 2015, the Administrator percent or higher, of the Environmental Protection Agency (re- ‘‘(iv) which is sold or used by the tax- of the energy policy of the United ferred to in this title as the ‘‘Adminis- payer— States, and for other purposes; which trator’’) published in the Federal Register ‘‘(I) for the production of chemical prod- was ordered to lie on the table; as fol- rules that are inextricably linked and collec- ucts, polymers, plastics, or formulated prod- lows: tively known as the ‘‘Clean Power Plan’’, in- ucts, or At the end of subtitle C of title II, add the cluding— ‘‘(II) as chemicals, polymers, plastics, or following: (A) the final rule entitled ‘‘Carbon Pollu- formulated products, SEC. 22lll. LIMITATION ON AUTHORITY OF tion Emission Guidelines for Existing Sta- ‘‘(v) which is not sold or used for the pro- SECRETARY OF ENERGY TO AP- tionary Sources: Electric Utility Generating duction of any food, feed, or fuel, and PROVE CERTAIN LNG TERMINAL Units’’ (80 Fed. Reg. 64662 (October 23, 2015)); ‘‘(vi) which is— PROPOSALS. (B) the final rule entitled ‘‘Standards of ‘‘(I) acetic acid, acrylic acid, acyl glu- (a) IN GENERAL.—Section 3(e) of the Nat- Performance for Greenhouse Gas Emissions tamate, adipic acid, algae oils, algae sugars, ural Gas Act (15 U.S.C. 717b(e)) is amended from New, Modified, and Reconstructed Sta- 1,4-butanediol (BDO), iso-butanol, n-butanol, by adding at the end the following: tionary Sources: Electric Utility Generating C10 and higher hydrocarbons produced from ‘‘(5) AUTHORITY OF SECRETARY OF ENERGY Units’’ (80 Fed. Reg. 64510 (October 23, 2015)); olefin metathesis, carboxylic acids produced OVER CERTAIN PROPOSALS.— and from olefin metathesis, cellulosic sugar, ‘‘(A) DEFINITIONS.—In this paragraph: (C) the proposed rule entitled ‘‘Federal diethyl methylene malonate, dodecanedioic ‘‘(i) ADDITIONAL EXPORT PROPOSAL.—The Plan Requirements for Greenhouse Gas acid (DDDA), esters produced from olefin term ‘additional export proposal’ means any Emissions from Electric Utility Generating metathesis, ethyl acetate, ethylene glycol, proposal submitted to the Secretary by a Units Constructed on or Before January 8, farnesene, 2,5-furandicarboxylic acid, new or existing LNG terminal— 2014; Model Trading Rules; Amendments to gamma-butyrolactone, glucaric acid, ‘‘(I) to initiate the export of natural gas to Framework Regulations’’ (80 Fed. Reg. 64966 hexamethylenediamine (HMD), 3-hydroxy a foreign country, with respect to a LNG ter- (October 23, 2015)); and propionic acid, isoprene, itaconic acid, lev- minal that does not so export natural gas as (2) the final rules described in subpara- ulinic acid, polyhydroxyalkonate (PHA), of the date of submission of the proposal; or graphs (A) and (B) of paragraph (1)— polylactic acid (PLA), polyethylene ‘‘(II) to increase the quantity of natural (A) materially depart from the proposed furanoate (PEF), polyethylene terephthalate gas exported to a foreign country by the versions of those final rules and are not log- (PET), polyitaconic acid, polyols from vege- LNG terminal, with respect to a LNG ter- ical outgrowths of the proposed versions; and table oils, poly(xylitan levulinate ketal), 1,3- minal that exports natural gas as of the date (B) are legally deficient because the Ad- propanediol, 1,2-propanediol, rhamnolipids, of submission of the proposal. ministrator did not allow for adequate notice succinic acid, terephthalic acid, or p-Xylene, ‘‘(ii) FOREIGN COUNTRY.—The term ‘foreign and opportunity for comment on the pro- or country’ means a nation in which there is posed rules that preceded those final rules. ‘‘(II) any chemical not described in clause not in effect a free trade agreement requir- SEC. ll02. WITHDRAWAL OF CLEAN POWER (i) which is a chemical listed by the Sec- ing national treatment for trade in natural PLAN. retary for purposes of this paragraph. gas. The Administrator shall— ‘‘(B) BIOBASED CONTENT.—For purposes of ‘‘(iii) SECRETARY.—The term ‘Secretary’ (1) withdraw each of the rules described in subparagraph (A)(iii), the term ‘biobased means the Secretary of Energy, acting pur- section ll01(1); and content percentage’ means, with respect to suant to sections 301(b) and 402(f) of the De- (2) reissue any of those rules only as a new any renewable chemical, the biobased con- partment of Energy Organization Act (42 proposed rule with a new notice and com- tent of such chemical (expressed as a per- U.S.C. 7151(b), 7172(f)). ment period. centage) determined by testing representa- ‘‘(B) LIMITATION.— tive samples using the American Society for ‘‘(i) IN GENERAL.—Notwithstanding part 590 SA 3075. Mr. VITTER submitted an Testing and Materials (ASTM) D6866.’’. of title 10, Code of Federal Regulations (or amendment intended to be proposed to (2) LIST OF OTHER QUALIFYING RENEWABLE successor regulations), or any other provi- amendment SA 2953 proposed by Ms. CHEMICALS.—Not later than 180 days after the sion of law (including regulations), the Sec- MURKOWSKI to the bill S. 2012, to pro- date of the enactment of this Act, the Sec- retary may not take into consideration or vide for the modernization of the en- retary of the Treasury (or the Secretary’s approve any additional export proposal if ap- delegate), in consultation with the Secretary proving the additional export proposal would ergy policy of the United States, and of Agriculture, shall establish a program to raise the total quantity of natural gas cumu- for other purposes; which was ordered consider applications from taxpayers for the latively approved for export to foreign coun- to lie on the table; as follows: listing of chemicals under section tries from United States facilities above a At the appropriate place, insert the fol- 7874(d)(6)(A)(vi)(II) (as added by paragraph level included in a study conducted under lowing: (1)). clause (ii). SEC. ll. REVIEW OF ECONOMIC IMPACT OF (c) EFFECTIVE DATE.—The amendments ‘‘(ii) STUDY.—The Secretary shall conduct BSEE RULE ON SMALL ENTITIES. made by this section shall take effect on the an economic impact study that includes an (a) DEFINITIONS.—In this section—

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.042 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S364 CONGRESSIONAL RECORD — SENATE January 28, 2016 (1) the term ‘‘BSEE’’ means the Bureau of for other purposes; which was ordered ‘‘(D) ensure that a State assuming liability Safety and Environmental Enforcement; to lie on the table; as follows: under subparagraph (C) has established an (2) the term ‘‘Chief Counsel’’ means the artificial reef maintenance fund; and At the appropriate place, insert the fol- Chief Counsel for Advocacy of the Small ‘‘(E) consider the plan developed under sec- lowing: Business Administration; tion 204 and notify the Secretary of Com- (3) the term ‘‘covered proposed rule’’ SEC. ll. WAIVER OF JONES ACT REQUIRE- merce of any need to deviate from that plan. MENTS FOR OIL AND GASOLINE means the proposed rule of the BSEE enti- TANKERS. ‘‘(2) REGULATIONS.— tled ‘‘Oil and Gas and Sulphur Operations in (a) IN GENERAL.—Section 12112 of title 46, ‘‘(A) IN GENERAL.—Not later than 180 days the Outer Continental Shelf—Blowout Pre- United States Code, is amended— after the date of enactment of this para- venter Systems and Well Control’’ (80 Fed. (1) in subsection (a), by striking ‘‘A coast- graph, the Directors shall promulgate regu- Reg. 21504 (April 17, 2015)); and wise’’ and inserting ‘‘Except as provided in lations that expedite the review of a final ap- (4) the term ‘‘small entity’’ has the mean- subsection (b), a coastwise’’; plication such that a decision is rendered not ing given the term in section 601 of title 5, (2) by redesignating subsection (b) as sub- later than 150 days after the date on which United States Code. section (c); and the application is submitted. (b) REQUIREMENT TO CONDUCT REVIEW.— (3) by inserting after subsection (a) the fol- ‘‘(B) REGULATIONS PROMULGATED BY THE (1) IN GENERAL.—If the BSEE issues a final lowing: COMMANDING GENERAL.—Not later than 180 rule for the covered proposed rule, then not ‘‘(b) WAIVER FOR OIL AND GASOLINE TANK- days after the date of enactment of the Arti- later than 1 year after the effective date of ERS.—The requirements of subsection (a) ficial Reef Promotion Act of 2016, the Com- the final rule the BSEE, in consultation with shall not apply to an oil or gasoline tanker manding General shall promulgate regula- the Chief Counsel, shall complete a review of vessel and a coastwise endorsement may be tions that expedite the review of a final ap- the final rule under section 610 of title 5, issued for any such tanker vessel that other- plication by the Secretary such that a deci- United States Code. wise qualifies under the laws of the United sion is rendered not later than 120 days after (2) ASSESSMENT OF ECONOMIC IMPACT.—In States to engage in the coastwise trade.’’. the date on which the application is sub- conducting the review required under para- (b) REGULATIONS.—Not later than 90 days mitted. graph (1), the BSEE, in consultation with the after the date of the enactment of this Act, ‘‘(b) SITING.— Chief Counsel, shall assess the economic im- the Commandant of the United States Coast ‘‘(1) NUMBER.— pact of the final rule on small entities in the Guard shall issue regulations to implement ‘‘(A) IN GENERAL.—Not later than 1 year oil and gas supply chain. the amendments made by subsection (a). after the date of enactment of the Artificial (3) REPORT.—Not later than 180 days after Such regulations shall require that an oil or Reef Promotion Act of 2016, the Commanding the date on which the review is completed gasoline tanker vessel permitted to engaged General shall, in consultation with the Di- under this subsection, the BSEE, in con- in the coastwise trade pursuant to sub- rectors and appropriate State agencies, des- sultation with the Chief Counsel, shall subsection (b) of section 12112 of title 46, United ignate not fewer than 20 artificial reef plan- mit to Congress a report on the findings of States Code, as amended by subsection (a), ning areas. the review. meets all appropriate safety and security re- ‘‘(B) GULF STATES.—Of the artificial reef quirements. planning areas described in subparagraph SA 3076. Mr. JOHNSON submitted an (A)— amendment intended to be proposed to SA 3080. Mr. VITTER submitted an ‘‘(i) 6 shall be located outside the seaward amendment SA 2953 proposed by Ms. amendment intended to be proposed to boundary of the State of Texas; MURKOWSKI to the bill S. 2012, to pro- amendment SA 2953 proposed by Ms. ‘‘(ii) 6 shall be located outside the seaward vide for the modernization of the en- MURKOWSKI to the bill S. 2012, to pro- boundary of the State of Louisiana; ergy policy of the United States, and vide for the modernization of the en- ‘‘(iii) 3 shall be located outside the seaward for other purposes; which was ordered boundaries of the State of Alabama and ergy policy of the United States, and State of Mississippi; and to lie on the table; as follows: for other purposes; which was ordered ‘‘(iv) 5 shall be located outside the seaward At the appropriate place, insert the fol- to lie on the table; as follows: boundary of the State of Florida. lowing: At the appropriate place, insert the fol- ‘‘(C) INCLUSIONS.—The sites described in SEC. lll. GROUND-LEVEL OZONE STANDARDS. lowing: subparagraph (A) include any artificial reef Notwithstanding any other provision of SEC. ll. ARTIFICIAL REEF PROMOTION ACT OF planning area existing on the day before the law (including regulations), in promulgating 2016. date of enactment of the Artificial Reef Pro- a national primary or secondary ambient air (a) SHORT TITLE.—This section may be motion Act of 2016 if the boundaries and area quality standard for ozone, the Adminis- cited as the ‘‘Artificial Reef Promotion Act of the site are modified to meet the require- trator of the Environmental Protection of 2016’’. ments of this Act. Agency shall only consider all or part of a (b) PERMITS FOR CONSTRUCTION AND MAN- ‘‘(2) BOUNDARIES AND PROXIMITY TO SHORE- county to be a nonattainment area under the AGEMENT OF ARTIFICIAL REEFS.—Section 205 LINE.— standard on the basis of direct air quality of the National Fishing Enhancement Act of ‘‘(A) IN GENERAL.—The Directors shall, in monitoring. 1984 (33 U.S.C. 2104) is amended— consultation with the Commanding General (1) by redesignating subsections (b) and appropriate State agencies— SA 3077. Mr. ROBERTS (for himself through (e) as subsections (d) through (g), re- ‘‘(i) ensure that each artificial reef plan- and Mr. BOOZMAN) submitted an spectively; and ning area described in paragraph (1)(A)— amendment intended to be proposed to (2) by striking subsection (a) and inserting ‘‘(I) is sited a reasonable proximity to the amendment SA 2953 proposed by Ms. the following: shoreline, as determined by the Directors; ‘‘(a) ACTION ON PERMITS.— and MURKOWSKI to the bill S. 2012, to pro- ‘‘(1) IN GENERAL.—In issuing a permit for ‘‘(II) includes as many platforms as prac- vide for the modernization of the en- an artificial reef under section 10 of the Act tical, as determined by the Directors; and ergy policy of the United States, and entitled ‘An Act making appropriations for ‘‘(ii) determine the appropriate size and for other purposes; which was ordered the construction, repair, and preservation of boundaries for each site. to lie on the table; as follows: certain public works on rivers and harbors, ‘‘(B) MINIMUM AREA.— Strike sections 4501 through 4503. and for other purposes’, approved March 3, ‘‘(i) IN GENERAL.—Each artificial reef plan- 1899 (commonly known as the ‘Rivers and ning area described in paragraph (1)(A) shall SA 3078. Mr. ROBERTS submitted an Harbors Appropriation Act of 1899’) (33 U.S.C. be not smaller than 12 contiguous lease amendment intended to be proposed to 403), section 404 of the Federal Water Pollu- blocks. amendment SA 2953 proposed by Ms. tion Control Act (33 U.S.C. 1344), or section ‘‘(ii) APPLICATION.—Clause (i) shall apply 4(e) of the Outer Continental Shelf Lands to any artificial reef planning area existing MURKOWSKI to the bill S. 2012, to pro- Act (43 U.S.C. 1333(e)), the Secretary shall— before, on, or after the date of enactment of vide for the modernization of the en- ‘‘(A) consult with and consider the views of the Artificial Reef Promotion Act of 2016. ergy policy of the United States, and appropriate Federal agencies, States, local ‘‘(3) DISTANCE BETWEEN SITES.— for other purposes; which was ordered governments, and other interested parties; ‘‘(A) IN GENERAL.—Not later than 180 days to lie on the table; as follows: ‘‘(B) ensure that the provisions for siting, after the date of enactment of the Artificial Strike section 3017. constructing, monitoring, and managing the Reef Promotion Act of 2016, the Director of artificial reef are consistent with the cri- the Bureau of Safety and Environmental En- SA 3079. Mr. MCCAIN submitted an teria and standards established under this forcement shall promulgate a regulation amendment intended to be proposed to Act; that regulates the distance between plat- ‘‘(C) ensure that the title to the artificial forms used as artificial reefs. amendment SA 2953 proposed by Ms. reef construction material is unambiguous, ‘‘(B) MAXIMUM.—The distance contained in MURKOWSKI to the bill S. 2012, to pro- and that responsibility for maintenance and the regulation described in subparagraph (A) vide for the modernization of the en- the financial ability to assume liability for shall be not greater than 2 miles. ergy policy of the United States, and future damages are clearly established; ‘‘(4) DEPTH.—

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‘‘(A) IN GENERAL.—Of the artificial reef ner that the Secretary of the department in ‘‘(2) require that— planning areas described in paragraph which the Coast Guard is operating deter- ‘‘(A) a platform be left standing above the (1)(A)— mines is appropriate. surface of the water; and ‘‘(i) not fewer than 10 shall be located at a ‘‘(7) REVIEW.—Not later than 3 years after ‘‘(B) an owner of a platform notify any water depth of— the date of enactment of the Artificial Reef party, other than the Directors and the ap- ‘‘(I) not less than 100 feet; and Promotion Act of 2016, the Director of the propriate State agencies that coordinate ‘‘(II) not greater than 200 feet; and Bureau of Safety and Environmental En- with the Commanding General, of any plan ‘‘(ii) not fewer than 10 shall be located at forcement, shall review the artificial reef to decommission a platform before abandon- a water depth of greater than 200 feet. planning areas described in paragraph (1)(A) ment operations commence.’’. ‘‘(B) SITES IN WATER DEPTH OF NOT GREATER to determine the effectiveness of using de- THAN 100 FEET.—The Commanding General commissioned platforms as artificial reefs. SA 3081. Mr. LEE submitted an shall, in consultation with the Directors and ‘‘(c) PREFERENCE GIVEN TO APPLICATIONS amendment intended to be proposed to appropriate State agencies, designate artifi- SEEKING TO USE DECOMMISSIONED PLATFORMS amendment SA 2953 proposed by Ms. cial reef planning areas, where practicable, AS ARTIFICIAL REEFS.—The Regional Super- MURKOWSKI to the bill S. 2012, to pro- at a water depth of not greater than 100 feet. visor shall give preference to a final applica- ‘‘(5) REQUIREMENTS FOR PERMITTEES.— tion. vide for the modernization of the en- ‘‘(A) IN GENERAL.—A person to whom a per- ‘‘(d) REGULATIONS GOVERNING DECOMMIS- ergy policy of the United States, and mit is issued under subsection (a)(1) shall— SIONED PLATFORMS.—Any regulation in effect for other purposes; which was ordered ‘‘(i) construct the artificial reef in an arti- on the date of enactment of the Artificial to lie on the table; as follows: ficial reef site located in an artificial reef Reef Promotion Act of 2016 that governs the At the end of title V, add the following: planning area described in paragraph (1)(A); decommissioning or removal of a platform SEC. 5004. PAYMENTS IN LIEU OF TAXES. ‘‘(ii) comply with— that is not being decommissioned for use as Section 6903 of title 31, United States Code, ‘‘(I) any regulation promulgated by the Di- an artificial reef shall continue to govern the is amended— rector of the Bureau of Safety and Environ- decommissioning or removal of the plat- (1) in subsection (b)(1), in the matter pre- mental Enforcement relating to reef plan- form.’’. ceding subparagraph (A), by striking ‘‘A pay- ning; (c) DEFINITIONS.—Section 206 of the Na- ‘‘(II) the plan developed under section 204; tional Fishing Enhancement Act of 1984 (33 ment’’ and inserting ‘‘Except as provided in and U.S.C. 2105) is amended— subsection (e), a payment’’; and ‘‘(III) any applicable plan developed by a (1) by redesignating paragraphs (2) and (3) (2) by adding at the end the following: State; and as paragraphs (11) and (12), respectively; and ‘‘(e) ALTERNATE PAYMENT.— ‘‘(iii) if the person owns platforms, not (2) by inserting after paragraph (1) the fol- ‘‘(1) IN GENERAL.—A unit of general local later than 180 days after the date on which lowing: government may opt out of the payment cal- the Commanding General designates the ar- ‘‘(2) ARTIFICIAL REEF.—The term ‘artificial culation that would otherwise apply under tificial reef planning areas under paragraph reef’ means a structure that is constructed subsection (b)(1), by notifying the Secretary (1), submit to the Director of the Bureau of or placed in the Gulf of Mexico for the pur- of the Interior, by the deadline established Safety and Environmental Enforcement and pose of enhancing fishery resources and com- by the Secretary of the Interior, of the elec- appropriate State agencies notice that iden- mercial and recreational fishing opportuni- tion of the unit of general local government tifies 20 percent of the platforms to be used ties. to receive an alternate payment amount, as as artificial reefs. ‘‘(3) ARTIFICIAL REEF PLANNING AREA.—The calculated in accordance with the formula ‘‘(B) DONATED PLATFORMS.— term ‘artificial reef planning area’ means a established under paragraph (2). ‘‘(i) IN GENERAL.—A person described in designated area within which artificial reef ‘‘(2) FORMULA.—As soon as practicable subparagraph (A)(iii) shall include in a final sites may be located when— after the date of enactment of this sub- application the artificial reef planning area ‘‘(A) a person obtains all appropriate per- section, the Secretary of the Interior shall and the artificial reef site in which the plat- mits; and establish an alternate payment formula that forms described in subparagraph (A)(iii) will ‘‘(B) each platform located in the artificial is based on the estimated forgone property be located. reef site is appropriately prepared. taxes, using a fair market valuation, due to ‘‘(ii) DEPTH.—The area and site described ‘‘(4) ARTIFICIAL REEF SITE.—The term ‘arti- the presence of Federal land within the unit in clause (i) shall be consistent with the ficial reef site’ means an area within an arti- of general local government.’’. depth requirements in paragraph (4). ficial reef planning area that has been ‘‘(iii) AREA OR SITE FILLED TO CAPACITY.—If cleared to have decommissioned platforms SA 3082. Mr. BARRASSO (for him- the Director of the Bureau of Safety and En- placed in the boundaries of the artificial reef self, Mr. ENZI, Mr. INHOFE, Mr. DAINES, vironmental Enforcement or appropriate planning area to be used as an artificial reef. Mr. BLUNT, Mr. GARDNER, Mr. HATCH, State agency determines that the area or ‘‘(5) COMMANDING GENERAL.—The term and Mr. LEE) submitted an amendment site chosen by the person under clause (i) is ‘Commanding General’ means the Com- intended to be proposed to amendment filled to capacity, the person shall choose a manding General of the Corps of Engineers. SA 2953 proposed by Ms. MURKOWSKI to different area or site. ‘‘(6) DECOMMISSIONING.—The term ‘decom- the bill S. 2012, to provide for the mod- ‘‘(6) REGULATIONS.— mission’ includes removing and moving a ‘‘(A) CAPACITY OF REEF SITES.—No regula- platform to an artificial reef site. ernization of the energy policy of the tion shall require that an artificial reef plan- ‘‘(7) DIRECTORS.—The term ‘Directors’ United States, and for other purposes; ning area described in paragraph (1)(A) be means— which was ordered to lie on the table; filled to capacity with platforms before an- ‘‘(A) the Director of the Bureau of Safety as follows: other artificial reef planning area is estab- and Environmental Enforcement; and At the end of subtitle E of title III, add the lished. ‘‘(B) the Director of the Bureau of Ocean following: ‘‘(B) MINIMUM WATER DEPTH.— Energy Management. SEC. 34ll. CERTIFICATION PRIOR TO ROYALTY ‘‘(i) IN GENERAL.—The Secretary shall, in ‘‘(8) FINAL APPLICATION.—The term ‘final RATE INCREASE. consultation with the Secretary of the de- application’ means a final application sub- Section 7 of the Mineral Leasing Act (30 partment in which the Coast Guard is oper- mitted to dispose of or remove a platform for U.S.C. 207) is amended by adding at the end ating, promulgate regulations for the min- use as an artificial reef under section the following: imum water depth required to cover an arti- 250.1727(g) of title 30, Code of Federal Regula- ‘‘(d) CERTIFICATION PRIOR TO ROYALTY ficial reef. tions (or successor regulations). RATE INCREASE.—The Secretary of the Inte- ‘‘(ii) DEPTH NOT GREATER THAN 85 FEET.—If ‘‘(9) PLATFORM.—The term ‘platform’ rior may not increase the royalty rate on the minimum water depth described in means an offshore oil and gas platform in the coal under subsection (a) until the Secretary clause (i) is not greater than 85 feet, the Sec- Gulf of Mexico. of the Interior, in consultation with the Sec- retary of the department in which the Coast ‘‘(10) SECRETARY.—The term ‘Secretary’ retary of Energy and the Federal Energy Guard is operating shall— means the Secretary of the Interior.’’. Regulatory Commission, certifies that the ‘‘(I) evaluate each artificial reef site to en- (d) SAVINGS CLAUSES.—Section 208 of the increased royalty rate would not— sure that the site is properly marked to re- National Fishing Enhancement Act of 1984 ‘‘(1) contribute to higher electricity prices duce any navigational hazard; (33 U.S.C. 2106) is amended by adding after for consumers and businesses in the United ‘‘(II) not later than 30 days on which a final subsection (b) the following: States; and application is submitted, review the applica- ‘‘(c) MISCELLANEOUS.—Nothing in this Act ‘‘(2) adversely impact the reliability of the tion to ensure that the artificial reef site shall— bulk-power system of the United States.’’. will contain the markings described in sub- ‘‘(1) hinder or invalidate— clause (I); ‘‘(A) the transfer of liability to the person Mr. BARRASSO (for him- ‘‘(III) indicate on appropriate nautical to whom title of a platform is transferred SA 3083. charts the location of each artificial reef when the platform is donated or becomes an self, Mr. ENZI, Mr. INHOFE, Mr. DAINES, planning area and artificial reef site; and artificial reef; and Mr. BLUNT, Mr. GARDNER, Mr. HATCH, ‘‘(IV) provide mariners with notice of the ‘‘(B) any term or condition of any existing and Mr. LEE) submitted an amendment location of each artificial reef site in a man- lease; and intended to be proposed to amendment

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.043 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S366 CONGRESSIONAL RECORD — SENATE January 28, 2016 SA 2953 proposed by Ms. MURKOWSKI to the approximately 1.171-acre parcel of land section as the ‘‘Secretary’’) determines are the bill S. 2012, to provide for the mod- depicted as ‘‘Area to be transferred to Pe- consistent with this subsection. The manage- ernization of the energy policy of the tersburg National Battlefield’’ on the map ment plan shall be deemed to satisfy the re- United States, and for other purposes; described in paragraph (2). quirements for a comprehensive manage- (2) MAP.—The land transferred is depicted ment plan pursuant to section 3(d) of the which was ordered to lie on the table; on the map titled ‘‘Petersburg National Bat- Wild and Scenic Rivers Act (16 U.S.C. as follows: tlefield Proposed Transfer of Administrative 1274(d)). At the end of subtitle E of title III, add the Jurisdiction’’, numbered 325/80,801A, dated (2) COMMITTEE.—The Secretary shall co- following: May 2011. The map shall be on file and avail- ordinate the management responsibilities of SEC. 34ll. EXPIRATION OF SECRETARIAL able for public inspection in the appropriate the Secretary under this subsection with the ORDER 3338. offices of the National Park Service. Lower Farmington River and Salmon Brook The Secretary of the Interior may not im- (3) CONDITIONS OF TRANSFER.—The transfer Wild and Scenic Committee, as specified in plement or enforce Secretarial Order 3338, of administrative jurisdiction under para- the management plan. issued by the Secretary of the Interior on graph (1) is subject to the following condi- (3) COOPERATIVE AGREEMENTS.— January 15, 2016 (or a substantially similar tions: (A) IN GENERAL.—In order to provide for order), after January 20, 2017. (A) NO REIMBURSEMENT OR CONSIDER- the long-term protection, preservation, and ATION.—The transfer is without reimburse- enhancement of the river segment des- SA 3084. Mr. MERKLEY (for himself ment or consideration. ignated by subsection (a), the Secretary is and Mr. WYDEN) submitted an amend- (B) MANAGEMENT.—The land conveyed to authorized to enter into cooperative agreement intended to be proposed to the Secretary under paragraph (1) shall be ments pursuant to sections 10(e) and 11(b)(1) amendment SA 2953 proposed by Ms. included within the boundary of the Peters- of the Wild and Scenic Rivers Act (16 U.S.C. MURKOWSKI to the bill S. 2012, to pro- burg National Battlefield and shall be ad- 1281(e), 1282(b)(1)) with— vide for the modernization of the en- ministered as part of that park in accord- (i) the State of Connecticut; ance with applicable laws and regulations. ergy policy of the United States, and (ii) the towns of Avon, Bloomfield, Bur- for other purposes; which was ordered lington, East Granby, Farmington, Granby, SA 3086. Mr. MURPHY (for himself Hartland, Simsbury, and Windsor in Con- to lie on the table; as follows: and Mr. ALEXANDER) submitted an necticut; and Strike section 3703 (relating to eligible amendment intended to be proposed to (iii) appropriate local planning and envi- projects) and insert the following: amendment SA 2953 proposed by Ms. ronmental organizations. SEC. 3703. ELIGIBLE PROJECTS. MURKOWSKI to the bill S. 2012, to pro- (B) CONSISTENCY.—All cooperative agree- Sec 1703(b) of the Energy Policy Act of 2005 vide for the modernization of the en- ments provided for under this paragraph (42 U.S.C. 16513(b)) is amended— ergy policy of the United States, and shall be consistent with the management (1) in paragraph (1), by inserting ‘‘(exclud- plan and may include provisions for financial ing the burning of commonly recycled paper for other purposes; which was ordered or other assistance from the United States. that has been segregated from solid waste to to lie on the table; as follows: (4) LAND MANAGEMENT.— generate electricity)’’ after ‘‘systems’’; and At the end of subtitle E of title IV, add the (A) ZONING ORDINANCES.—For the purposes (2) by adding at the end the following: following: of the segments designated by subsection (a), ‘‘(11) Electric and advanced technology ve- SEC. 44ll. LOWER FARMINGTON RIVER AND the zoning ordinances adopted by the towns hicle fleets. SALMON BROOK, CONNECTICUT. in Avon, Bloomfield, Burlington, East Gran- ‘‘(12) Electricity storage technologies.’’. (a) DESIGNATION.—Section 3(a) of the Wild by, Farmington, Granby, Hartland, and Scenic Rivers Act (16 U.S.C. 1274(a)) is Simsbury, and Windsor in Connecticut, in- SA 3085. Mr. WARNER (for himself amended by adding at the end the following: cluding provisions for conservation of and Mr. KAINE) submitted an amend- ‘‘(213) LOWER FARMINGTON RIVER AND SALM- floodplains, wetlands and watercourses asso- ment intended to be proposed to ON BROOK, CONNECTICUT.—Segments of the ciated with the segments, shall be deemed to amendment SA 2953 proposed by Ms. main stem and its tributary, Salmon Brook, satisfy the standards and requirements of MURKOWSKI to the bill S. 2012, to pro- totaling approximately 62 miles, to be ad- section 6(c) of the Wild and Scenic Rivers vide for the modernization of the en- ministered by the Secretary of the Interior Act (16 U.S.C. 1277(c)). ergy policy of the United States, and as follows: (B) ACQUISITION OF LAND.—The provisions ‘‘(A) The approximately 27.2-mile segment of section 6(c) of the Wild and Scenic Rivers for other purposes; which was ordered of the Farmington River beginning 0.2 miles Act (16 U.S.C. 1277(c)) that prohibit Federal to lie on the table; as follows: below the tailrace of the Lower Collinsville acquisition of lands by condemnation shall At the end, add the following: Dam and extending to the site of the apply to the segments designated by sub- TITLE VI—MISCELLANEOUS Spoonville Dam in Bloomfield and East section (a). The authority of the Secretary SEC. 6001. PETERSBURG NATIONAL BATTLEFIELD Granby as a recreational river. to acquire lands for the purposes of the seg- BOUNDARY MODIFICATION. ‘‘(B) The approximately 8.1-mile segment ments designated by subsection (a) shall be (a) IN GENERAL.—The boundary of the Pe- of the Farmington River extending from 0.5 limited to acquisition by donation or acqui- tersburg National Battlefield is modified to miles below the Rainbow Dam to the con- sition with the consent of the owner of the include the land and interests in land as gen- fluence with the Connecticut River in Wind- lands, and shall be subject to the additional erally depicted on the map titled ‘‘Peters- sor as a recreational river. criteria set forth in the management plan. burg National Battlefield Boundary Expan- ‘‘(C) The approximately 2.4-mile segment (5) RAINBOW DAM.—The designation made sion’’, numbered 325/80,080, and dated June of the main stem of Salmon Brook extending by subsection (a) shall not be construed to— 2007. The map shall be on file and available from the confluence of the East and West (A) prohibit, pre-empt, or abridge the po- for public inspection in the appropriate of- Branches to the confluence with the Farm- tential future licensing of the Rainbow Dam fices of the National Park Service. ington River as a recreational river. and Reservoir (including any and all aspects (b) ACQUISITION OF PROPERTIES.—The Sec- ‘‘(D) The approximately 12.6-mile segment of its facilities, operations and transmission retary of the Interior (referred to in this sec- of the West Branch of Salmon Brook extend- lines) by the Federal Energy Regulatory tion as the ‘‘Secretary’’) is authorized to ac- ing from its headwaters in Hartland, Con- Commission as a federally licensed hydro- quire the land and interests in land, de- necticut to its confluence with the East electric generation project under the Federal scribed in subsection (a), from willing sellers Branch of Salmon Brook as a recreational Power Act, provided that the Commission only, by donation, purchase with donated or river. may, in the discretion of the Commission appropriated funds, exchange, or transfer. ‘‘(E) The approximately 11.4-mile segment and consistent with this subsection, estab- (c) ADMINISTRATION.—The Secretary shall of the East Branch of Salmon Brook extend- lish such reasonable terms and conditions in administer any land or interests in land ac- ing from the Massachusetts-Connecticut a hydropower license for Rainbow Dam as quired under subsection (b) as part of the Pe- State line to the confluence with the West are necessary to reduce impacts identified by tersburg National Battlefield in accordance Branch of Salmon Brook as a recreational the Secretary as invading or unreasonably with applicable laws and regulations. river.’’. diminishing the scenic, recreational, and fish (d) ADMINISTRATIVE JURISDICTION TRANS- (b) MANAGEMENT.— and wildlife values of the segments des- FER.— (1) IN GENERAL.—The river segments designated by subsection (a); or (1) IN GENERAL.—There is transferred— ignated by subsection (a) shall be managed (B) affect the operation of, or impose any (A) from the Secretary to the Secretary of in accordance with the Lower Farmington flow or release requirements on, the unli- the Army administrative jurisdiction over River and Salmon Brook Management Plan, censed hydroelectric facility at Rainbow the approximately 1.170-acre parcel of land June 2011, prepared by the Lower Farm- Dam and Reservoir. depicted as ‘‘Area to be transferred to Fort ington River and Salmon Brook Wild and (6) RELATION TO NATIONAL PARK SYSTEM.— Lee Military Reservation’’ on the map de- Scenic Study Committee (referred to in this Notwithstanding section 10(c) of the Wild scribed in paragraph (2); and section as the ‘‘management plan’’) and such and Scenic Rivers Act (16 U.S.C. 1281(c)), the (B) from the Secretary of the Army to the amendments to the management plan as the Lower Farmington River shall not be admin- Secretary administrative jurisdiction over Secretary of the Interior (referred to in this istered as part of the National Park System

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.043 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S367 or be subject to regulations which govern the (A) the Standard for Single and Multiple (B) which has an attached garage; and National Park System. Station Carbon Monoxide Alarms of the (2) has developed a strategy to protect vul- (c) FARMINGTON RIVER, CONNECTICUT, DES- American National Standards Institute and nerable populations such as children, the el- IGNATION REVISION.—Section 3(a)(156) of the UL (ANSI/UL 2034) or successor standard; derly, or low-income households. Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) and (e) USE OF GRANT FUNDS.— is amended in the first sentence— (B) the Standard for Gas and Vapor Detec- (1) IN GENERAL.—An eligible State or tribal (1) by striking ‘‘14-mile’’ and inserting tors and Sensors of the American National organization receiving a grant under this ‘‘15.1-mile’’; and Standards Institute and UL (ANSI/UL 2075) section may use such grant— (2) by striking ‘‘to the downstream end of or successor standard. (A) to purchase and install compliant car- the New Hartford-Canton, Connecticut town (4) DWELLING UNIT.—The term ‘‘dwelling bon monoxide alarms in the dwelling units of line’’ and inserting ‘‘to the confluence with unit’’ means a room or suite of rooms used low-income families or elderly persons, fa- the Nepaug River’’. for human habitation, and includes a single cilities that commonly serve children or the family residence as well as each living unit elderly, including childcare facilities, public SA 3087. Mr. MERKLEY submitted an of a multiple family residence (including schools, and senior centers, or student dwell- amendment intended to be proposed to apartment buildings) and each living unit in ing units owned by public universities; amendment SA 2953 proposed by Ms. a mixed use building. (B) to train State, tribal organization, or MURKOWSKI to the bill S. 2012, to pro- (5) FIRE CODE ENFORCEMENT OFFICIALS.— local fire code enforcement officials in the vide for the modernization of the en- The term ‘‘fire code enforcement officials’’ proper enforcement of State, tribal, or local ergy policy of the United States, and means officials of the fire safety code en- laws concerning compliant carbon monoxide forcement agency of a State or local govern- alarms and the installation of such alarms in for other purposes; which was ordered accordance with NFPA 720; to lie on the table; as follows: ment or tribal organization. (6) NFPA 720.—The term ‘‘NFPA 720’’ (C) for the development and dissemination Strike section 2201 (relating to action on means— of training materials, instructors, and any applications to export liquefied natural gas). (A) the Standard for the Installation of other costs related to the training sessions authorized by this subsection; or Ms. KLOBUCHAR (for her- Carbon Monoxide Detection and Warning SA 3088. Equipment issued by the National Fire Pro- (D) to educate the public about the risk as- self, Mr. SCHUMER, Mr. CASEY, Mr. tection Association in 2012; and sociated with carbon monoxide as a poison BLUMENTHAL, Mr. MENENDEZ, and Mr. (B) any amended or similar successor and the importance of proper carbon mon- FRANKEN) submitted an amendment in- standard pertaining to the proper installa- oxide alarm use. tended to be proposed to amendment tion of carbon monoxide alarms in dwelling (2) LIMITATIONS.— SA 2953 proposed by Ms. MURKOWSKI to units. (A) ADMINISTRATIVE COSTS.—Not more than the bill S. 2012, to provide for the mod- (7) STATE.—The term ‘‘State’’ has the 5 percent of any grant amount received meaning given such term in section 3 of the under this section may be used to cover ad- ernization of the energy policy of the ministrative costs not directly related to United States, and for other purposes; Consumer Product Safety Act (15 U.S.C. 2052) and includes the Northern Mariana Islands training described in paragraph (1)(B). which was ordered to lie on the table; and any political subdivision of a State. (B) PUBLIC OUTREACH.—Not more than 25 as follows: (8) TRIBAL ORGANIZATION.—The term ‘‘trib- percent of any grant amount received under On page 427, after line 4, add the following: al organization’’ has the meaning given such this section may be used to cover costs of ac- TITLE VI—CARBON MONOXIDE term in section 4 of the Indian Self-Deter- tivities described in paragraph (1)(D). POISONING PREVENTION mination and Education Assistance Act (25 (f) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 450b). (1) IN GENERAL.—Subject to paragraph (2), SEC. 6001. SHORT TITLE. there is authorized to be appropriated to the This title may be cited as the ‘‘Nicholas SEC. 6004. GRANT PROGRAM FOR CARBON MON- Commission, for each of the fiscal years 2015 and Zachary Burt Memorial Carbon Mon- OXIDE POISONING PREVENTION. through 2019, $2,000,000, which shall remain oxide Poisoning Prevention Act of 2015’’. (a) IN GENERAL.—Subject to the availability of appropriations authorized under available until expended to carry out this SEC. 6002. FINDINGS AND SENSE OF CONGRESS. subsection (f), the Commission shall estab- Act. (a) FINDINGS.—Congress finds the fol- lish a grant program to provide assistance to (2) LIMITATION ON ADMINISTRATIVE EX- lowing: eligible States and tribal organizations to PENSES.—Not more than 10 percent of the (1) Carbon monoxide is a colorless, odorless carry out the carbon monoxide poisoning amounts appropriated or otherwise made gas produced by burning any fuel. Exposure prevention activities described in subsection available to carry out this section may be to unhealthy levels of carbon monoxide can (e). used for administrative expenses. lead to carbon monoxide poisoning, a serious (b) ELIGIBILITY.—For purposes of this sec- (3) RETENTION OF AMOUNTS.—Any amounts health condition that could result in death. tion, an eligible State or tribal organization appropriated pursuant to this subsection (2) Unintentional carbon monoxide poi- is any State or tribal organization that— that remain unexpended and unobligated on soning from motor vehicles and improper op- (1) demonstrates to the satisfaction of the September 30, 2019, shall be retained by the eration of fuel-burning appliances, such as Commission that the State or tribal organi- Commission and credited to the appropria- furnaces, water heaters, portable generators, zation has adopted a statute or a rule, regu- tions account that funds the enforcement of and stoves, kills more than 400 people each lation, or similar measure with the force and the Consumer Product Safety Act (15 U.S.C. year and sends approximately 15,000 to hos- effect of law, requiring compliant carbon 2051). pital emergency rooms for treatment. monoxide alarms to be installed in dwelling (g) REPORT.—Not later than 1 year after (3) Research shows that installing carbon units in accordance with NFPA 720; and the last day of each fiscal year for which monoxide alarms close to the sleeping areas (2) submits an application to the Commis- grants are awarded under this section, the in residential homes and other dwelling sion at such time, in such form, and con- Commission shall submit to Congress a re- units can help avoid fatalities. taining such additional information as the port that evaluates the implementation of (b) SENSE OF CONGRESS.—It is the sense of Commission may require, which application the grant program required by this section. Congress that Congress should promote the may be filed on behalf of the State or tribal installation of carbon monoxide alarms in organization by the fire code enforcement of- SA 3089. Ms. KLOBUCHAR (for her- residential homes and dwelling units nation- ficials for such State or tribal organization. self, Mr. HOEVEN, and Ms. BALDWIN) wide in order to promote the health and pub- (c) GRANT AMOUNT.—The Commission shall submitted an amendment intended to lic safety of citizens throughout the United determine the amount of the grants awarded be proposed to amendment SA 2953 pro- States. under this section. posed by Ms. MURKOWSKI to the bill S. SEC. 6003. DEFINITIONS. (d) SELECTION OF GRANT RECIPIENTS.—In se- 2012, to provide for the modernization In this title: lecting eligible States and tribal organiza- (1) CARBON MONOXIDE ALARM.—The term tions for the award of grants under this sec- of the energy policy of the United ‘‘carbon monoxide alarm’’ means a device or tion, the Commission shall give favorable States, and for other purposes; which system that— consideration to an eligible State or tribal was ordered to lie on the table; as fol- (A) detects carbon monoxide; and organization that— lows: (B) is intended to alarm at carbon mon- (1) requires the installation of compliant At the end of subtitle E of title IV, add the oxide concentrations below those that could carbon monoxide alarms in new or existing following: cause a loss of ability to react to the dangers educational facilities, childcare facilities, SEC. 44lll. NORTH COUNTRY NATIONAL SCE- of carbon monoxide exposure. health care facilities, adult dependent care NIC TRAIL. (2) COMMISSION.—The term ‘‘Commission’’ facilities, government buildings, res- (a) ROUTE ADJUSTMENT.—Section 5(a)(8) of means the Consumer Product Safety Com- taurants, theaters, lodging establishments, the National Trails System Act (16 U.S.C. mission. or dwelling units— 1244(a)(8)) is amended in the first sentence— (3) COMPLIANT CARBON MONOXIDE ALARM.— (A) within which a fuel-burning appliance (1) by striking ‘‘thirty two hundred miles, The term ‘‘compliant carbon monoxide is installed, including a furnace, boiler, extending from eastern New York State’’ and alarm’’ means a carbon monoxide alarm that water heater, fireplace, or any other appa- inserting ‘‘4,600 miles, extending from the complies with the most current version of— ratus, appliance, or device that burns fuel; or Appalachian Trail in Vermont’’; and

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ENERGY ACTION PLAN FOR PUERTO vide for the modernization of the en- 1244(a)(8)) is amended by adding at the end RICO. ergy policy of the United States, and Section 9 of the Consolidated and Further the following: ‘‘No land or interest in land Continuing Appropriations Act, 2015 (48 for other purposes; which was ordered outside of the exterior boundary of any Fed- U.S.C. 1492a), is amended— to lie on the table; as follows: erally administered area may be acquired by (1) in subsection (a), by striking paragraph On page 352, strike lines 17 through 21 and the Federal Government for the trail by con- (5) and inserting the following: insert the following: demnation.’’. ‘‘(5) SECRETARY.— ‘‘(8) $5,423,000,000 for fiscal year 2016; SA 3090. Ms. KLOBUCHAR (for her- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(9) $5,808,000,000 for fiscal year 2017; subparagraph (B), the term Secretary means ‘‘(10) $6,220,000,000 for fiscal year 2018; self and Mr. TILLIS) submitted an the Secretary of the Interior. ‘‘(11) $6,661,000,000 for fiscal year 2019; and amendment intended to be proposed to ‘‘(B) APPLICATION TO PUERTO RICO.—With ‘‘(12) $7,134,000,000 for fiscal year 2020.’’. amendment SA 2953 proposed by Ms. respect to Puerto Rico, the term ‘Secretary’ MURKOWSKI to the bill S. 2012, to pro- means the Secretary of Energy.’’; and SA 3096. Mr. COONS submitted an vide for the modernization of the en- (2) in subsection (b)— amendment intended to be proposed to ergy policy of the United States, and (A) by inserting ‘‘, or, in the case of Puerto amendment SA 2953 proposed by Ms. for other purposes; which was ordered Rico, not later than 180 days after the date of MURKOWSKI to the bill S. 2012, to pro- to lie on the table; as follows: enactment of the Energy Policy Moderniza- vide for the modernization of the en- tion Act of 2015,’’ after ‘‘of this Act’’; and On page 123, between lines 19 and 20, insert ergy policy of the United States, and (B) by inserting ‘‘(except in the case of the following: Puerto Rico)’’ after ‘‘Empowering Insular for other purposes; which was ordered SEC. 1107. INCLUSION OF SMART GRID CAPA- Communities activity’’. to lie on the table; as follows: BILITY ON ENERGY GUIDE LABELS. On page 359, strike line 7 and insert the fol- Section 324(a)(2) of the Energy Policy and SA 3093. Mr. NELSON submitted an lowing: Conservation Act (42 U.S.C. 6294(a)(2)) is amendment intended to be proposed to SEC. 4204. FUNDING COMPETITIVENESS FOR IN- amended by adding at the end the following: amendment SA 2953 proposed by Ms. STITUTIONS OF HIGHER EDUCATION ‘‘(J) SPECIAL NOTES ON SMART GRID CAPA- AND OTHER NONPROFIT INSTITU- URKOWSKI BILITIES.— M to the bill S. 2012, to pro- TIONS. ‘‘(i) INITIATION OF RULEMAKING.—Not later vide for the modernization of the en- Section 988(b) of the Energy Policy Act of than 1 year after the date of the enactment ergy policy of the United States, and 2005 (42 U.S.C. 16352(b)) is amended— of this subparagraph, the Commission shall for other purposes; which was ordered (1) in paragraph (1), by striking ‘‘Except as initiate a rulemaking to consider making a to lie on the table; as follows: provided in paragraphs (2) and (3)’’ and in- special note in a prominent manner on any At end of subtitle B of title III, add the fol- serting ‘‘Except as provided in paragraphs Energy Guide label for any product that in- lowing: (2), (3), and (4)’’; and cludes Smart Grid capability that— SEC. 3105. EXTENSION OF MORATORIUM ON OIL (2) by adding at the end the following: ‘‘(I) Smart Grid capability is a feature of AND GAS LEASING IN CERTAIN ‘‘(4) EXEMPTION FOR INSTITUTIONS OF HIGHER that product; AREAS OF GULF OF MEXICO. EDUCATION AND OTHER NONPROFIT INSTITU- ‘‘(II) the use and value of that feature de- Section 104(a) of the Gulf of Mexico Energy TIONS.— pend on the Smart Grid capability of the Security Act of 2006 (43 U.S.C. 1331 note; Pub- ‘‘(A) IN GENERAL.—Paragraph (1) shall not utility system in which the product is in- lic Law 109–432) is amended in the matter apply to a research or development activity stalled and the active utilization of that fea- preceding paragraph (1) by striking ‘‘June 30, performed by an institution of higher edu- ture by the customer; and 2022’’ and inserting ‘‘June 30, 2027’’. cation or nonprofit institution (as defined in ‘‘(III) on a utility system with Smart Grid section 4 of the Stevenson-Wydler Tech- capability, the use of the product’s Smart SA 3094. Mr. NELSON submitted an nology Innovation Act of 1980 (15 U.S.C. Grid capability could reduce the customer’s amendment intended to be proposed to 3703)). cost of the product’s annual operation by an amendment SA 2953 proposed by Ms. ‘‘(B) TERMINATION DATE.—The exemption estimated dollar amount range representing MURKOWSKI to the bill S. 2012, to pro- under subparagraph (A) shall apply during the result of incremental energy and elec- vide for the modernization of the en- the 6-year period beginning on the date of tricity cost savings that would result from ergy policy of the United States, and enactment of this paragraph.’’. the customer taking full advantage of such for other purposes; which was ordered SEC. 4205. MICROLAB TECHNOLOGY COMMER- Smart Grid capability. CIALIZATION. ‘‘(ii) COMPLETION OF RULEMAKING.—Not to lie on the table; as follows: later than 3 years after the date of the enact- At end of subtitle B of title III, add the fol- Mr. COONS submitted an lowing: SA 3097. ment of this subparagraph, the Commission amendment intended to be proposed to shall complete the rulemaking initiated SEC. 3105. MORATORIUM ON OIL- AND GAS-RE- under clause (i).’’. LATED SEISMIC ACTIVITIES IN THE amendment SA 2953 proposed by Ms. EXCLUSIVE ECONOMIC ZONE OFF MURKOWSKI to the bill S. 2012, to pro- SA 3091. Ms. KLOBUCHAR submitted THE COAST OF FLORIDA. vide for the modernization of the en- an amendment intended to be proposed (a) IN GENERAL.—Except as provided in ergy policy of the United States, and subsection (b) and notwithstanding any to amendment SA 2953 proposed by Ms. other provision of law, no person may con- for other purposes; which was ordered MURKOWSKI to the bill S. 2012, to product geological or geophysical activities (as to lie on the table; as follows: vide for the modernization of the en- those terms are described in the final pro- On page 359, strike line 7 and insert the fol- ergy policy of the United States, and grammatic environmental impact statement lowing: for other purposes; which was ordered of the Bureau of Ocean Energy Management SEC. 4204. PUBLIC-PRIVATE PARTNERSHIPS FOR to lie on the table; as follows: entitled ‘‘Atlantic OCS Proposed Geological COMMERCIALIZATION. (a) DEFINITION OF NATIONAL LABORATORY.— On page 175, strike lines 7 through 12 and and Geophysical Activities, Mid-Atlantic (1) IN GENERAL.—In this section, the term insert the following: and South Atlantic Planning Areas’’ and ‘‘National Laboratory’’ means a nonmilitary (9) standards for storage device perform- completed February 2014) in support of oil or national laboratory owned by the Depart- ance, control interface, grid interconnection, gas exploration and development in any area ment. and interoperability; located within the exclusive economic zone (2) INCLUSIONS.—The term ‘‘National Lab- (10) maintaining a public database of en- (as defined in section 107 of title 46, United oratory’’ includes— ergy storage projects, policies, codes, stand- States Code) located off the coastline of the (A) Ames Laboratory; ards, and regulations; and State of Florida. (b) TERMINATION OF MORATORIUM.—The (B) Argonne National Laboratory; (11) electric thermal storage research. moratorium described in subsection (a) shall (C) Brookhaven National Laboratory; SA 3092. Mrs. GILLIBRAND sub- only be terminated if the Administrator of (D) Fermi National Accelerator Labora- mitted an amendment intended to be the National Oceanic and Atmospheric Ad- tory; ministration determines that the reasonably (E) Idaho National Laboratory; proposed to amendment SA 2953 pro- foreseeable impacts of the geological or geo- (F) Lawrence Berkeley National Labora- posed by Ms. MURKOWSKI to the bill S. physical activities described in subsection tory; 2012, to provide for the modernization (a) to individuals or populations of marine (G) National Energy Technology Labora- of the energy policy of the United mammals, sea turtles, or fish are minimal. tory;

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(H) National Renewable Energy Labora- ‘‘(1) IN GENERAL.—Except as provided in tions), any National Laboratory may enter tory; paragraph (2), each Federal agency’’; and into an agreement pursuant to the pilot pro- (I) Oak Ridge National Laboratory; (iii) by adding at the end the following: gram referred to in paragraph (1). (J) Pacific Northwest National Laboratory; ‘‘(2) EXCEPTION.—Notwithstanding para- (B) AGREEMENTS WITH NON-FEDERAL ENTI- (K) Princeton Plasma Physics Laboratory; graph (1), in accordance with section TIES.—To carry out subparagraph (A) and (L) Savannah River National Laboratory; 4204(b)(1) of the Energy Policy Modernization subject to subparagraph (C), the Secretary (M) Stanford Linear Accelerator Center; Act of 2015, approval by the Secretary of En- shall permit the directors of the National (N) Thomas Jefferson National Accelerator ergy shall not be required for any technology Laboratories to execute agreements with Facility; and transfer agreement proposed to be entered non-Federal entities, including non-Federal (O) any laboratory operated by the Na- into by a National Laboratory of the Depart- entities already receiving Federal funding tional Nuclear Security Administration, ment of Energy, the total cost of which (in- that will be used to support activities under with respect to the civilian energy activities cluding the National Laboratory contribu- agreements executed pursuant to subpara- conducted at the laboratory. tions and project recipient cost share) is less graph (A). (b) PUBLIC-PRIVATE PARTNERSHIPS FOR COM- than $1,000,000.’’; and (C) RESTRICTION.—The requirements of MERCIALIZATION.— (B) in subsection (b), by striking ‘‘subchapter 18 of title 35, United States Code (1) IN GENERAL.—Subject to paragraphs (2) section (a)(1)’’ each place it appears and in- (commonly known as the ‘‘Bayh-Dole Act’’) through (4), the Secretary shall delegate to serting ‘‘subsection (a)(1)(A)’’. shall apply if— directors of the National Laboratories signa- (c) SAVINGS CLAUSE.—Nothing in this sec- (i) the agreement is a funding agreement ture authority with respect to any agree- tion abrogates or otherwise affects the pri- (as that term is defined in section 201 of that ment described in paragraph (2) the total mary responsibilities of any National Lab- cost of which (including the National Lab- oratory to the Department. title); and (ii) at least 1 of the parties to the funding oratory contributions and project recipient SEC. 4205. MICROLAB TECHNOLOGY COMMER- cost share) is less than $1,000,000, if the CIALIZATION. agreement is eligible to receive rights under agreement falls within the scope of— that chapter. (A) a strategic plan for the National Lab- SA 3098. Mr. COONS submitted an (4) SUBMISSION TO SECRETARY.—Each af- oratory that has been approved by the De- amendment intended to be proposed to fected director of a National Laboratory shall submit to the Secretary, with respect partment; or amendment SA 2953 proposed by Ms. (B) the most recent congressionally ap- to each agreement entered into under this MURKOWSKI to the bill S. 2012, to pro- proved budget for Department activities to subsection— be carried out by the National Laboratory. vide for the modernization of the en- (A) a summary of information relating to (2) AGREEMENTS.—Paragraph (1) applies ergy policy of the United States, and the relevant project; to— for other purposes; which was ordered (B) the total estimated costs of the project; (A) a cooperative research and develop- to lie on the table; as follows: (C) estimated commencement and complement agreement; On page 359, strike line 7 and insert the fol- tion dates of the project; and (B) a non-Federal work-for-others agree- lowing: (D) other documentation determined to be ment; and SEC. 4204. AGREEMENTS FOR COMMERCIALIZING appropriate by the Secretary. (C) any other agreement determined to be TECHNOLOGY PILOT PROGRAM. (5) CERTIFICATION.—The Secretary shall re- appropriate by the Secretary, in collabora- (a) DEFINITION OF NATIONAL LABORATORY.— quire the contractor of the affected National tion with the directors of the National Lab- In this section: Laboratory to certify that each activity car- oratories. (1) IN GENERAL.—The term ‘‘National Lab- ried out under a project for which an agree- (3) LIMITATION.—Paragraph (1) does not oratory’’ means a nonmilitary national lab- ment is entered into under this subsection— apply to an agreement with a majority-for- oratory owned by the Department. (A) is not in direct competition with the eign-owned company. (2) INCLUSIONS.—The term ‘‘National Lab- private sector; and (4) ADMINISTRATION.— oratory’’ includes— (B) does not present, or minimizes, any ap- (A) ACCOUNTABILITY.—The director of the (A) Ames Laboratory; parent conflict of interest, and avoids or affected National Laboratory and the af- (B) Argonne National Laboratory; neutralizes any actual conflict of interest, as fected contractor shall carry out an agree- (C) Brookhaven National Laboratory; a result of the agreement under this sub- ment under this subsection in accordance (D) Fermi National Accelerator Labora- section. with applicable policies of the Department, tory; (6) EXTENSION.—The pilot program referred including by ensuring that the agreement (E) Idaho National Laboratory; to in paragraph (1) shall be extended for a does not compromise any national security, (F) Lawrence Berkeley National Labora- term of 3 years after the date of enactment economic, or environmental interest of the tory; of this Act. United States. (G) National Energy Technology Labora- (7) REPORTS.— (B) CERTIFICATION.—The director of the af- tory; (A) INITIAL REPORT.—Not later than 60 days fected National Laboratory and the affected (H) National Renewable Energy Labora- after the date described in paragraph (6), the contractor shall certify that each activity tory; Secretary, in coordination with directors of carried out under a project for which an (I) Oak Ridge National Laboratory; the National Laboratories, shall submit to agreement is entered into under this sub- (J) Pacific Northwest National Laboratory; the Committee on Energy and Natural Re- section does not present, or minimizes, any (K) Princeton Plasma Physics Laboratory; sources of the Senate and the Committee on apparent conflict of interest, and avoids or (L) Savannah River National Laboratory; Science, Space, and Technology of the House neutralizes any actual conflict of interest, as (M) Stanford Linear Accelerator Center; of Representatives a report that— a result of the agreement under this sub- (N) Thomas Jefferson National Accelerator (i) assesses the overall effectiveness of the section. Facility; and pilot program referred to in paragraph (1); (C) AVAILABILITY OF RECORDS.—On entering (O) any laboratory operated by the Na- (ii) identifies opportunities to improve the an agreement under this subsection, the ditional Nuclear Security Administration, effectiveness of the pilot program; rector of a National Laboratory shall submit with respect to the civilian energy activities (iii) assesses the potential for program ac- to the Secretary for monitoring and review conducted at the laboratory. tivities to interfere with the responsibilities all records of the National Laboratory relat- (b) AGREEMENTS FOR COMMERCIALIZING of the National Laboratories to the Depart- ing to the agreement. TECHNOLOGY PILOT PROGRAM.— ment; and (D) RATES.—The director of a National (1) IN GENERAL.—The Secretary shall carry (iv) provides a recommendation regarding Laboratory may charge higher rates for serv- out the Agreements for Commercializing the future of the pilot program. ices performed under a partnership agree- Technology pilot program of the Depart- (B) ANNUAL REPORTS.—Annually, the Sec- ment entered into pursuant to this sub- ment, as announced by the Secretary on De- retary, in coordination with the directors of section, regardless of the full cost of recov- cember 8, 2011, in accordance with this sub- the National Laboratories, shall submit to ery, if the funds are exclusively used to sup- section. the Committee on Energy and Natural Re- port further research and development ac- (2) TERMS.—Each agreement entered into sources of the Senate and the Committee on tivities at the applicable National Labora- pursuant to the pilot program referred to in Science, Space, and Technology of the House tory. paragraph (1) shall provide to the contractor of Representatives a report that accounts for (5) CONFORMING AMENDMENT.—Section 12 of of the applicable National Laboratory, to the all incidences of, and provides a justification the Stevenson-Wydler Technology Innova- maximum extent determined to be appro- for, non-Federal entities using funds derived tion Act of 1980 (15 U.S.C. 3710a) is amended— priate by the Secretary, increased authority from a Federal contract or award to carry (A) in subsection (a)— to negotiate contract terms, such as intellec- out agreements entered into under this sub- (i) by redesignating paragraphs (1) and (2) tual property rights, indemnification, pay- section. as subparagraphs (A) and (B), respectively, ment structures, performance guarantees, and indenting the subparagraphs appro- and multiparty collaborations. (c) SAVINGS CLAUSE.—Nothing in this sec- priately; (3) ELIGIBILITY.— tion abrogates or otherwise affects the pri- (ii) by striking ‘‘Each Federal agency’’ and (A) IN GENERAL.—Notwithstanding any mary responsibilities of any National Lab- inserting the following: other provision of law (including regula- oratory to the Department.

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.045 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S370 CONGRESSIONAL RECORD — SENATE January 28, 2016 SEC. 4205. MICROLAB TECHNOLOGY COMMER- (i) the agreement is a funding agreement (C) any other agreement determined to be CIALIZATION. (as that term is defined in section 201 of that appropriate by the Secretary, in collabora- title); and tion with the directors of the National Lab- (ii) at least 1 of the parties to the funding oratories. SA 3099. Mr. COONS submitted an agreement is eligible to receive rights under (3) LIMITATION.—Paragraph (1) does not amendment intended to be proposed to that chapter. apply to an agreement with a majority-for- amendment SA 2953 proposed by Ms. (4) SUBMISSION TO SECRETARY.—Each af- eign-owned company. MURKOWSKI to the bill S. 2012, to pro- fected director of a National Laboratory (4) ADMINISTRATION.— vide for the modernization of the en- shall submit to the Secretary, with respect (A) ACCOUNTABILITY.—The director of the ergy policy of the United States, and to each agreement entered into under this affected National Laboratory and the af- for other purposes; which was ordered subsection— fected contractor shall carry out an agree- (A) a summary of information relating to to lie on the table; as follows: ment under this subsection in accordance the relevant project; with applicable policies of the Department, On page 359, strike line 7 and insert the fol- (B) the total estimated costs of the project; including by ensuring that the agreement lowing: (C) estimated commencement and comple- does not compromise any national security, SEC. 4204. IMPLEMENTING NEW NATIONAL OP- tion dates of the project; and economic, or environmental interest of the PORTUNITIES TO VIGOROUSLY AC- (D) other documentation determined to be United States. appropriate by the Secretary. CELERATE TECHNOLOGY, ENERGY, (B) CERTIFICATION.—The director of the af- (5) CERTIFICATION.—The Secretary shall re- AND SCIENCE. fected National Laboratory and the affected quire the contractor of the affected National (a) DEFINITION OF NATIONAL LABORATORY.— contractor shall certify that each activity Laboratory to certify that each activity car- (1) IN GENERAL.—In this section, the term carried out under a project for which an ried out under a project for which an agree- ‘‘National Laboratory’’ means a nonmilitary agreement is entered into under this sub- ment is entered into under this subsection— national laboratory owned by the Depart- section does not present, or minimizes, any ment. (A) is not in direct competition with the private sector; and apparent conflict of interest, and avoids or (2) INCLUSIONS.—The term ‘‘National Lab- neutralizes any actual conflict of interest, as oratory’’ includes— (B) does not present, or minimizes, any apparent conflict of interest, and avoids or a result of the agreement under this sub- (A) Ames Laboratory; section. (B) Argonne National Laboratory; neutralizes any actual conflict of interest, as a result of the agreement under this sub- (C) AVAILABILITY OF RECORDS.—On entering (C) Brookhaven National Laboratory; an agreement under this subsection, the di- (D) Fermi National Accelerator Labora- section. (6) EXTENSION.—The pilot program referred rector of a National Laboratory shall submit tory; to in paragraph (1) shall be extended for a to the Secretary for monitoring and review (E) Idaho National Laboratory; term of 3 years after the date of enactment all records of the National Laboratory relat- (F) Lawrence Berkeley National Labora- of this Act. ing to the agreement. tory; (7) REPORTS.— (D) RATES.—The director of a National (G) National Energy Technology Labora- (A) INITIAL REPORT.—Not later than 60 days Laboratory may charge higher rates for serv- tory; after the date described in paragraph (6), the ices performed under a partnership agree- (H) National Renewable Energy Labora- Secretary, in coordination with directors of ment entered into pursuant to this sub- tory; the National Laboratories, shall submit to section, regardless of the full cost of recov- (I) Oak Ridge National Laboratory; the Committee on Energy and Natural Re- ery, if the funds are exclusively used to sup- (J) Pacific Northwest National Laboratory; sources of the Senate and the Committee on port further research and development ac- (K) Princeton Plasma Physics Laboratory; Science, Space, and Technology of the House tivities at the applicable National Labora- (L) Savannah River National Laboratory; of Representatives a report that— tory. (M) Stanford Linear Accelerator Center; (i) assesses the overall effectiveness of the (5) CONFORMING AMENDMENT.—Section 12 of (N) Thomas Jefferson National Accelerator pilot program referred to in paragraph (1); the Stevenson-Wydler Technology Innova- Facility; and (ii) identifies opportunities to improve the tion Act of 1980 (15 U.S.C. 3710a) is amended— (O) any laboratory operated by the Na- effectiveness of the pilot program; (A) in subsection (a)— tional Nuclear Security Administration, (iii) assesses the potential for program ac- (i) by redesignating paragraphs (1) and (2) with respect to the civilian energy activities tivities to interfere with the responsibilities as subparagraphs (A) and (B), respectively, conducted at the laboratory. of the National Laboratories to the Depart- and indenting the subparagraphs appro- (b) AGREEMENTS FOR COMMERCIALIZING ment; and priately; TECHNOLOGY PILOT PROGRAM.— (iv) provides a recommendation regarding (ii) by striking ‘‘Each Federal agency’’ and (1) IN GENERAL.—The Secretary shall carry the future of the pilot program. inserting the following: out the Agreements for Commercializing (B) ANNUAL REPORTS.—Annually, the Sec- ‘‘(1) IN GENERAL.—Except as provided in Technology pilot program of the Depart- retary, in coordination with the directors of paragraph (2), each Federal agency’’; and ment, as announced by the Secretary on De- the National Laboratories, shall submit to (iii) by adding at the end the following: cember 8, 2011, in accordance with this sub- the Committee on Energy and Natural Re- ‘‘(2) EXCEPTION.—Notwithstanding para- section. sources of the Senate and the Committee on graph (1), in accordance with section (2) TERMS.—Each agreement entered into Science, Space, and Technology of the House 4204(c)(1) of the Energy Policy Modernization pursuant to the pilot program referred to in of Representatives a report that accounts for Act of 2015, approval by the Secretary of En- paragraph (1) shall provide to the contractor all incidences of, and provides a justification ergy shall not be required for any technology of the applicable National Laboratory, to the for, non-Federal entities using funds derived transfer agreement proposed to be entered maximum extent determined to be appro- from a Federal contract or award to carry into by a National Laboratory of the Depart- priate by the Secretary, increased authority out agreements entered into under this sub- ment of Energy, the total cost of which (in- to negotiate contract terms, such as intellec- section. cluding the National Laboratory contribu- tual property rights, indemnification, pay- (c) PUBLIC-PRIVATE PARTNERSHIPS FOR COM- tions and project recipient cost share) is less ment structures, performance guarantees, MERCIALIZATION.— than $1,000,000.’’; and and multiparty collaborations. (1) IN GENERAL.—Subject to paragraphs (2) (B) in subsection (b), by striking ‘‘sub- (3) ELIGIBILITY.— through (4), the Secretary shall delegate to section (a)(1)’’ each place it appears and in- (A) IN GENERAL.—Notwithstanding any directors of the National Laboratories signa- serting ‘‘subsection (a)(1)(A)’’. other provision of law (including regula- ture authority with respect to any agree- tions), any National Laboratory may enter ment described in paragraph (2) the total (d) FUNDING COMPETITIVENESS FOR INSTITU- into an agreement pursuant to the pilot pro- cost of which (including the National Lab- TIONS OF HIGHER EDUCATION AND OTHER NON- gram referred to in paragraph (1). oratory contributions and project recipient PROFIT INSTITUTIONS.— (B) AGREEMENTS WITH NON-FEDERAL ENTI- cost share) is less than $1,000,000, if the Section 988(b) of the Energy Policy Act of TIES.—To carry out subparagraph (A) and agreement falls within the scope of— 2005 (42 U.S.C. 16352(b)) is amended— subject to subparagraph (C), the Secretary (A) a strategic plan for the National Lab- (1) in paragraph (1), by striking ‘‘Except as shall permit the directors of the National oratory that has been approved by the De- provided in paragraphs (2) and (3)’’ and in- Laboratories to execute agreements with partment; or serting ‘‘Except as provided in paragraphs non-Federal entities, including non-Federal (B) the most recent congressionally ap- (2), (3), and (4)’’; and entities already receiving Federal funding proved budget for Department activities to (2) by adding at the end the following: that will be used to support activities under be carried out by the National Laboratory. ‘‘(4) EXEMPTION FOR INSTITUTIONS OF HIGHER agreements executed pursuant to subpara- (2) AGREEMENTS.—Paragraph (1) applies EDUCATION AND OTHER NONPROFIT INSTITU- graph (A). to— TIONS.— (C) RESTRICTION.—The requirements of (A) a cooperative research and develop- ‘‘(A) IN GENERAL.—Paragraph (1) shall not chapter 18 of title 35, United States Code ment agreement; apply to a research or development activity (commonly known as the ‘‘Bayh-Dole Act’’) (B) a non-Federal work-for-others agree- performed by an institution of higher edu- shall apply if— ment; and cation or nonprofit institution (as defined in

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section 4 of the Stevenson-Wydler Tech- (b) PURPOSES.—The purposes of this title issuance or employment of process, a judi- nology Innovation Act of 1980 (15 U.S.C. are to— cial, administrative, or other action or pro- 3703)). (1) provide a limited period of time to per- ceeding against the Commonwealth Govern- ‘‘(B) TERMINATION DATE.—The exemption mit Congress to enact comprehensive relief ment that was commenced on or before the under subparagraph (A) shall apply during for the Commonwealth, providing it the nec- date of enactment of this Act. the 6-year period beginning on the date of essary tools to address its economic and fis- (c) Except as provided in subsection (d), enactment of this paragraph.’’. cal crisis; and (e), or (f), a stay of an act under subsection (e) SAVINGS CLAUSE.—Nothing in this sec- (2) provide the Commonwealth Govern- (a) shall cease to have effect as of April 1, tion abrogates or otherwise affects the pri- ment with a tool it needs to address an im- 2016. mary responsibilities of any National Lab- mediate and imminent crisis that is unprece- oratory to the Department. dented in the history of the United States. (d) On motion of a party in interest and after notice and a hearing, the court may SEC. 4205. MICROLAB TECHNOLOGY COMMER- SEC. 6003. EFFECTIVE DATE. grant relief from a stay under subsection CIALIZATION. This title shall take effect as though en- (a)— acted on December 18, 2015. (1) for cause, including the lack of ade- SA 3100. Ms. WARREN (for herself, SEC. 6004. SEVERABILITY. quate protection of a security interest in If any provision of this title or the applica- Mr. BLUMENTHAL, Mr. SCHUMER, Mr. property of such party in interest; or tion thereof to any person or circumstance is MENENDEZ, Mr. MURPHY, Mr. NELSON, (2) with respect to a stay of an act against held invalid, the remainder of this title, or and Mrs. GILLIBRAND) submitted an property under subsection (a), if— the application of that provision to persons amendment intended to be proposed to (A) the debtor does not have an equity in or circumstances other than those as to such property; and amendment SA 2953 proposed by Ms. which it is held invalid, is not affected there- (B) such property is not necessary for the MURKOWSKI to the bill S. 2012, to pro- by. Commonwealth to provide essential services; vide for the modernization of the en- SEC. 6005. DEFINITIONS. ergy policy of the United States, and In this title: (e) Thirty days after a request under sub- for other purposes; which was ordered (1) BOND.—The term ‘‘Bond’’ means a bond, section (d) of this section for relief from the to lie on the table; as follows: loan, line of credit, note, or other borrowing stay of any act against property of the Com- monwealth Government under subsection (a) At the end, add the following: title, in physical or dematerialized form, of which— of this section, such stay is terminated with TITLE VI—PUERTO RICO EMERGENCY (A) the issuer, borrower, or guarantor is respect to the party in interest making such FINANCIAL STABILITY the Commonwealth Government; and request, unless the court, after notice and a SEC. 6001. SHORT TITLE. (B) the date of issuance or incurrence of hearing, orders such stay continued in effect This title may be cited as the ‘‘Puerto Rico debt precedes the date of enactment of this pending the conclusion of, or as a result of, Emergency Financial Stability Act of 2016’’. Act. a final hearing and determination under sub- SEC. 6002. FINDINGS AND PURPOSES. (2) COMMONWEALTH.—The term ‘‘Common- section (d) of this section. A hearing under (a) FINDINGS.—Congress finds the fol- wealth’’ means the Commonwealth of Puerto this subsection may be a preliminary hear- lowing: Rico. ing, or may be consolidated with the final (1) The Commonwealth Government is con- (3) COMMONWEALTH GOVERNMENT.—The hearing under subsection (d) of this section. fronted with a dire fiscal emergency and li- term ‘‘Commonwealth Government’’ means The court shall order such stay continued in quidity crisis that imminently threatens the the government of the Commonwealth, in- effect pending the conclusion of the final welfare of the people of the Commonwealth, cluding all its political subdivisions, public hearing under subsection (d) of this section if affecting the provision of essential public agencies, instrumentalities, and public cor- there is a reasonable likelihood that the services including public safety, health care, porations. party opposing relief from such stay will pre- and education that are needed both to sus- (4) COURT.—The term ‘‘court’’ means the vail at the conclusion of such final hearing. tain the welfare of the people and the eco- United States District Court for the District If the hearing under this subsection is a pre- nomic ability of the Commonwealth to ad- of Puerto Rico. liminary hearing, then such final hearing dress any future resolution of debts and legal (5) OTHER TERMS.—Any other term that is shall be concluded not later than 30 days obligations. used in section 6006 and is defined in title 11, after the conclusion of such preliminary (2) A temporary stay on litigation with re- United States Code, has the meaning given hearing, unless the 30-day period is extended spect to debt holders for the Commonwealth that term under title 11, United States Code. with the consent of the parties in interest or for a specific time which the court finds is is essential to provide breathing space to the SEC. 6006. AUTOMATIC STAY. Commonwealth, creditors, and the Congress (a) Except as otherwise provided in this required by compelling circumstances. to determine an orderly process for the Com- section, the enactment of this title operates (f) Upon request of a party in interest, the monwealth to address any future resolution with respect to any claim, debt, or cause of court, with or without a hearing, shall grant of legal obligations and to provide the Com- action related to a Bond as a stay, applicable such relief from the stay provided under sub- monwealth a path to sustainable growth; and to all entities (as such term is defined in sec- section (a) of this section as is necessary to thereby, protect the lives of more than tion 101 of title 11, United States Code), of— prevent irreparable damage to the secured 3,500,000 citizens of the United States living (1) the commencement or continuation, in- interest of an entity in property, if such in- in the Commonwealth. cluding the issuance or employment of proc- terest will suffer such damage before there is (3) The Commonwealth is in a state of fis- ess, of a judicial, administrative, or other ac- an opportunity for notice and a hearing cal emergency brought on by, among other tion or proceeding against the Common- under subsection (d) or (e) of this section. things, a combination of accumulated oper- wealth Government or to recover a claim (g) No order, judgment, or decree entered ating deficits, cash shortages, management against the Commonwealth Government; in violation of this section shall have any inefficiencies, and excessive borrowing. (2) the enforcement, against the Common- force or effect. (4) The Commonwealth Government’s debt wealth Government or against property of (h) In any hearing under subsection (d) or is unusually complex, with 18 different but the Commonwealth Government, of a judg- (e) concerning relief from a stay— inter-related issuers. ment; (1) the party requesting such relief has the (A) There is an even larger number of cred- (3) any act to obtain possession of property burden of proof on the issue of the debtor’s itor groups, each of which may have diver- of the Commonwealth Government or of equity in property; and gent interests. property from the Commonwealth Govern- (2) the party opposing such relief has the (B) The debt’s unusual complexity will sub- ment or to exercise control over property of burden of proof on all other issues. stantially complicate any potential consen- the Commonwealth Government; sual restructuring in the absence of Federal (4) any act to create, perfect, or enforce legislation to facilitate the negotiations. any lien against property of the Common- SA 3101. Mr. UDALL (for himself, Mr. (5) This legislation, which includes a stay wealth Government; BENNET, Mr. HEINRICH, Ms. HIRONO, Mr. on litigation by debt holders, can protect es- (5) any act to create, perfect, or enforce MARKEY, and Mr. WHITEHOUSE) sub- sential government services and help the against property of the Commonwealth Gov- mitted an amendment intended to be Commonwealth address its liabilities in an ernment any lien to the extent that such orderly fashion, benefitting all stakeholders. lien secures a claim; proposed to amendment SA 2953 pro- (A) A temporary stay on litigation is es- (6) any act to collect, assess, or recover a posed by Ms. MURKOWSKI to the bill S. sential to facilitate an orderly process for claim against the Commonwealth Govern- 2012, to provide for the modernization stabilizing, evaluating, and comprehensively ment; and of the energy policy of the United resolving the Commonwealth’s fiscal crisis. (7) the setoff of any debt owing to the Com- States, and for other purposes; which (B) Avoiding a disorderly race to the court- monwealth Government against any claim was ordered to lie on the table; as fol- house will benefit creditors as well as other against the Commonwealth Government. lows: stakeholders. (b) The enactment of this title does not op- (C) Furthermore, the stay is only tem- erate as a stay under subsection (a) of this At the end of subtitle A of title III, add the porary. section of the continuation of, including the following:

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PART V—RENEWABLE ELECTRICITY ‘‘(4) INCREMENTAL HYDROPOWER.—The term ‘‘(C) SALES TO PARENT COMPANIES OR AFFILI- STANDARD ‘incremental hydropower’ means additional ATES.—For purposes of this paragraph, sales SEC. 3021. RENEWABLE ELECTRICITY STANDARD. generation that is achieved from increased by any person to a parent company or to (a) IN GENERAL.—Title VI of the Public efficiency or additions of capacity made on other affiliates of the person shall not be Utility Regulatory Policies Act of 1978 (16 or after— treated as sales to electric consumers. U.S.C. 2601 et seq.) is amended by adding at ‘‘(A) the date of enactment of this section; ‘‘(D) GOVERNMENTAL AGENCIES.— the end the following: or ‘‘(i) IN GENERAL.—Except as provided in ‘‘SEC. 610. RENEWABLE ELECTRICITY STANDARD. ‘‘(B) the effective date of an existing appli- clause (ii), the term ‘retail electric supplier’ ‘‘(a) DEFINITIONS.—In this section: cable State renewable portfolio standard does not include— ‘‘(1) BASE QUANTITY OF ELECTRICITY.— program at a hydroelectric facility that was ‘‘(I) the United States, a State, any polit- placed in service before that date. ‘‘(A) IN GENERAL.—The term ‘base quantity ical subdivision of a State, or any agency, of electricity’ means the total quantity of ‘‘(5) INDIAN LAND.—The term ‘Indian land’ authority, or instrumentality of the United electric energy sold by a retail electric sup- means— States, State, or political subdivision; or plier, expressed in terms of kilowatt hours, ‘‘(A) any land within the limits of any In- ‘‘(II) a rural electric cooperative. to electric customers for purposes other than dian reservation, pueblo, or rancheria; ‘‘(ii) INCLUSION.—The term ‘retail electric ‘‘(B) any land not within the limits of any resale during the most recent calendar year supplier’ includes an entity that is a polit- Indian reservation, pueblo, or rancheria title for which information is available. ical subdivision of a State, or an agency, to which on the date of enactment of this ‘‘(B) EXCLUSIONS.—The term ‘base quantity authority, or instrumentality of the United section was held by— of electricity’ does not include— States, a State, a political subdivision of a ‘‘(i) the United States for the benefit of ‘‘(i) electric energy that is not incremental State, a rural electric cooperative that sells any Indian tribe or individual; or hydropower generated by a hydroelectric fa- electric energy to electric consumers, or any ‘‘(ii) any Indian tribe or individual subject cility; and other entity that sells electric energy to to restriction by the United States against ‘‘(ii) electricity generated through the in- electric consumers that would not otherwise alienation; cineration of municipal solid waste. qualify as a retail electric supplier if the en- ‘‘(C) any dependent Indian community; or ‘‘(2) BIOMASS.— tity notifies the Secretary that the entity ‘‘(D) any land conveyed to any Alaska Na- voluntarily agrees to participate in the Fed- ‘‘(A) IN GENERAL.—The term ‘biomass’ tive corporation under the Alaska Native means— eral renewable electricity standard program. Claims Settlement Act (43 U.S.C. 1601 et ‘‘(b) COMPLIANCE.—For calendar year 2016 ‘‘(i) cellulosic (plant fiber) organic mate- seq.). rials from a plant that is planted for the pur- and each calendar year thereafter, each re- ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ tail electric supplier shall meet the require- pose of being used to produce energy; means any Indian tribe, band, nation, or ‘‘(ii) nonhazardous plant or algal matter ments of subsection (c) by submitting to the other organized group or community, includ- Secretary, not later than April 1 of the fol- that is derived from— ing any Alaskan Native village or regional or ‘‘(I) an agricultural crop, crop byproduct, lowing calendar year, 1 or more of the fol- village corporation as defined in or estab- lowing: or residue resource; or lished pursuant to the Alaska Native Claims ‘‘(II) waste, such as landscape or right-of- ‘‘(1) Federal renewable energy credits Settlement Act (43 U.S.C. 1601 et seq.), that issued under subsection (e). way trimmings (but not including municipal is recognized as eligible for the special pro- ‘‘(2) Certification of the renewable energy solid waste, recyclable postconsumer waste grams and services provided by the United generated and electricity savings pursuant paper, painted, treated, or pressurized wood, States to Indians because of their status as to the funds associated with State compli- wood contaminated with plastic, or metals); Indians. ance payments as specified in subsection ‘‘(iii) animal waste or animal byproducts; ‘‘(7) RENEWABLE ENERGY.—The term ‘re- (e)(4)(G). and newable energy’ means electric energy gen- ‘‘(3) Alternative compliance payments pur- ‘‘(iv) landfill methane. erated by a renewable energy resource. suant to subsection (h). ‘‘(B) NATIONAL FOREST LAND AND CERTAIN ‘‘(8) RENEWABLE ENERGY RESOURCE.—The ‘‘(c) REQUIRED ANNUAL PERCENTAGE.—For OTHER PUBLIC LAND.—In the case of organic term ‘renewable energy resource’ means each of calendar years 2016 through 2039, the material removed from National Forest Sys- solar, wind, ocean, tidal, geothermal energy, required annual percentage of the base quan- tem land or from public land administered biomass, landfill gas, incremental hydro- by the Secretary of the Interior, the term power, or hydrokinetic energy. tity of electricity of a retail electric supplier that shall be generated from renewable en- ‘biomass’ means only organic material ‘‘(9) REPOWERING OR COFIRING INCREMENT.— from— The term ‘repowering or cofiring increment’ ergy resources, or otherwise credited to- ‘‘(i) ecological forest restoration; means— wards the percentage requirement pursuant ‘‘(ii) precommercial thinnings; ‘‘(A) the additional generation from a to subsection (d), shall be the applicable per- ‘‘(iii) brush; modification that is placed in service on or centage specified in the following table: ‘‘(iv) mill residues; or after the date of enactment of this section, Required Amount ‘‘(v) slash. to expand electricity production at a facility ‘‘Calendar Years Percentage ‘‘(C) EXCLUSION OF CERTAIN FEDERAL used to generate electric energy from a re- 2016 ...... 7.5 LAND.—Notwithstanding subparagraph (B), newable energy resource; 2017 ...... 8.0 the term ‘biomass’ does not include material ‘‘(B) the additional generation above the 2018 ...... 9.0 or matter that would otherwise qualify as average generation during the 3-year period 2019 ...... 10.5 biomass if the material or matter is located ending on the date of enactment of this sec- 2020 ...... 12.0 on the following Federal land: tion at a facility used to generate electric 2021 ...... 13.5 ‘‘(i) Federal land containing old growth energy from a renewable energy resource or 2022 ...... 15.0 forest or late successional forest unless the to cofire biomass that was placed in service 2023 ...... 16.5 Secretary of the Interior or the Secretary of before the date of enactment of this section; 2024 ...... 18.0 Agriculture determines that the removal of or 2025 ...... 20.0 organic material from the land— ‘‘(C) the portion of the electric generation 2026 ...... 22.0 ‘‘(I) is appropriate for the applicable forest from a facility placed in service on or after 2027 ...... 24.0 type; and the date of enactment of this section, or a 2028 ...... 26.0 ‘‘(II) maximizes the retention of— modification to a facility placed in service 2029 ...... 28.0 ‘‘(aa) late-successional and large and old before the date of enactment of this section 2030 and thereafter through 2039 30.0. growth trees; made on or after January 1, 2001, associated ‘‘(d) RENEWABLE ENERGY CREDITS.— ‘‘(bb) late-successional and old growth for- with cofiring biomass. ‘‘(1) IN GENERAL.—A retail electric supplier est structure; and ‘‘(10) RETAIL ELECTRIC SUPPLIER.— may satisfy the requirements of subsection ‘‘(cc) late-successional and old growth for- ‘‘(A) IN GENERAL.—The term ‘retail electric (b)(1) through the submission of Federal re- est composition. supplier’ means a person that sells electric newable energy credits— ‘‘(ii) Federal land on which the removal of energy to electric consumers that sold not ‘‘(A) issued to the retail electric supplier vegetation is prohibited, including compo- less than 1,000,000 megawatt hours of electric under subsection (e); nents of the National Wilderness Preserva- energy to electric consumers for purposes ‘‘(B) obtained by purchase or exchange tion System. other than resale during the preceding cal- under subsection (f); or ‘‘(iii) Wilderness study areas. endar year. ‘‘(C) borrowed under subsection (g). ‘‘(iv) Inventoried roadless areas. ‘‘(B) INCLUSION.—The term ‘retail electric ‘‘(2) FEDERAL RENEWABLE ENERGY CRED- ‘‘(v) Components of the National Land- supplier’ includes a person that sells electric ITS.—A Federal renewable energy credit may scape Conservation System. energy to electric consumers that, in com- be counted toward compliance with sub- ‘‘(vi) National Monuments. bination with the sales of any affiliate orga- section (b)(1) only once. ‘‘(3) EXISTING FACILITY.—The term ‘existing nized after the date of enactment of this sec- ‘‘(e) ISSUANCE OF FEDERAL RENEWABLE EN- facility’ means a facility for the generation tion, sells not less than 1,000,000 megawatt ERGY CREDITS.— of electric energy from a renewable energy hours of electric energy to consumers for ‘‘(1) IN GENERAL.—Not later than 1 year resource that is not an eligible facility. purposes other than resale. after the date of enactment of this section,

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the Secretary shall establish by rule a pro- credits to the customer for each kilowatt ‘‘(h) ALTERNATIVE COMPLIANCE PAY- gram— hour generated. MENTS.—As a means of compliance under ‘‘(A) to verify and issue Federal renewable ‘‘(ii) INDIAN LAND.—In the case of an on-site subsection (b)(4), the Secretary shall accept energy credits to generators of renewable en- eligible facility on Indian land, the Sec- payment equal to the lesser of— ergy; retary shall issue not more than 3 credits per ‘‘(1) 200 percent of the average market ‘‘(B) to track the sale, exchange, and re- kilowatt hour. value of Federal renewable energy credits tirement of the credits; and ‘‘(E) COMBINATION OF RENEWABLE AND NON- and Federal energy efficiency credits for the ‘‘(C) to enforce the requirements of this RENEWABLE ENERGY RESOURCES.—If both a re- applicable compliance period; or section. newable energy resource and a nonrenewable ‘‘(2) 3 cents per kilowatt hour (as adjusted ‘‘(2) EXISTING NON-FEDERAL TRACKING SYS- energy resource are used to generate the on January 1 of each year following calendar TEMS.—To the maximum extent practicable, electric energy, the Secretary shall issue the year 2006 based on the implicit price deflator in establishing the program, the Secretary Federal renewable energy credits based on for the gross national product). shall rely on existing and emerging State or the proportion of the renewable energy re- ‘‘(i) INFORMATION COLLECTION.—The Sec- regional tracking systems that issue and sources used. retary may collect the information nec- track non-Federal renewable energy credits. ‘‘(F) RETAIL ELECTRIC SUPPLIERS.—If a gen- essary to verify and audit— ‘‘(3) APPLICATION.— erator has sold electric energy generated ‘‘(1)(A) the annual renewable energy gen- ‘‘(A) IN GENERAL.—An entity that gen- through the use of a renewable energy re- eration of any retail electric supplier; and erates electric energy through the use of a source to a retail electric supplier under a ‘‘(B) Federal renewable energy credits sub- renewable energy resource may apply to the contract for power from an existing facility mitted by a retail electric supplier pursuant Secretary for the issuance of renewable en- and the contract has not determined owner- to subsection (b)(1); ergy credits. ship of the Federal renewable energy credits ‘‘(2) the validity of Federal renewable en- ‘‘(B) ELIGIBILITY.—To be eligible for the associated with the generation, the Sec- ergy credits submitted for compliance by a issuance of the credits, the applicant shall retary shall issue the Federal renewable en- retail electric supplier to the Secretary; and demonstrate to the Secretary that— ergy credits to the retail electric supplier for ‘‘(3) the quantity of electricity sales of all ‘‘(i) the electric energy will be transmitted the duration of the contract. retail electric suppliers. onto the grid; or ‘‘(G) COMPLIANCE WITH STATE RENEWABLE ‘‘(j) ENVIRONMENTAL SAVINGS CLAUSE.—In- ‘‘(ii) in the case of a generation offset, the PORTFOLIO STANDARD PROGRAMS.—Payments cremental hydropower shall be subject to all made by a retail electricity supplier, di- electric energy offset would have otherwise applicable environmental laws and licensing been consumed onsite. rectly or indirectly, to a State for compli- and regulatory requirements. ‘‘(C) CONTENTS.—The application shall in- ance with a State renewable portfolio stand- ‘‘(k) STATE PROGRAMS.— dicate— ard program, or for an alternative compli- ‘‘(1) IN GENERAL.—Nothing in this section ‘‘(i) the type of renewable energy resource ance mechanism, shall be valued at 1 credit diminishes any authority of a State or polit- that is used to produce the electricity; per kilowatt hour for the purpose of sub- ical subdivision of a State— ‘‘(ii) the location at which the electric en- section (b)(2) based on the quantity of elec- ergy will be produced; and tric energy generation from renewable re- ‘‘(A) to adopt or enforce any law (including ‘‘(iii) any other information the Secretary sources that results from the payments. regulations) respecting renewable energy, in- determines appropriate. ‘‘(f) RENEWABLE ENERGY CREDIT TRADING.— cluding programs that exceed the required quantity of renewable energy under this sec- ‘‘(4) QUANTITY OF FEDERAL RENEWABLE EN- ‘‘(1) IN GENERAL.—A Federal renewable en- tion; or ERGY CREDITS.— ergy credit may be sold, transferred, or ex- ‘‘(A) IN GENERAL.—Except as otherwise pro- changed by the entity to whom the credit is ‘‘(B) to regulate the acquisition and dis- vided in this paragraph, the Secretary shall issued or by any other entity that acquires position of Federal renewable energy credits issue to a generator of electric energy 1 Fed- the Federal renewable energy credit, other by retail electric suppliers. eral renewable energy credit for each kilo- than renewable energy credits from existing ‘‘(2) COMPLIANCE WITH SECTION.—No law or watt hour of electric energy generated by facilities. regulation referred to in paragraph (1)(A) the use of a renewable energy resource at an ‘‘(2) CARRYOVER.—A Federal renewable en- shall relieve any person of any requirement eligible facility. ergy credit for any year that is not sub- otherwise applicable under this section. ‘‘(B) INCREMENTAL HYDROPOWER.— mitted to satisfy the minimum renewable ‘‘(3) COORDINATION WITH STATE PROGRAM.— ‘‘(i) IN GENERAL.—For purpose of compli- generation requirement of subsection (c) for The Secretary, in consultation with States ance with this section, Federal renewable en- that year may be carried forward for use pur- that have in effect renewable energy pro- ergy credits for incremental hydropower suant to subsection (b)(1) within the next 3 grams, shall— shall be based on the increase in average an- years. ‘‘(A) preserve the integrity of the State nual generation resulting from the efficiency ‘‘(3) DELEGATION.—The Secretary may dele- programs, including programs that exceed improvements or capacity additions. gate to an appropriate market-making enti- the required quantity of renewable energy ‘‘(ii) WATER FLOW INFORMATION.—The incre- ty the administration of a national tradeable under this section; and mental generation shall be calculated using renewable energy credit market for purposes ‘‘(B) facilitate coordination between the the same water flow information that is— of creating a transparent national market Federal program and State programs. ‘‘(I) used to determine a historic average for the sale or trade of renewable energy ‘‘(4) EXISTING RENEWABLE ENERGY PRO- annual generation baseline for the hydro- credits. GRAMS.—In the regulations establishing the electric facility; and ‘‘(g) RENEWABLE ENERGY CREDIT BOR- program under this section, the Secretary ‘‘(II) certified by the Secretary or the Fed- ROWING.— shall incorporate common elements of exist- eral Energy Regulatory Commission. ‘‘(1) IN GENERAL.—Not later than December ing renewable energy programs, including ‘‘(iii) OPERATIONAL CHANGES.—The calcula- 31, 2016, a retail electric supplier that has State programs, to ensure administrative tion of the Federal renewable energy credits reason to believe the retail electric supplier ease, market transparency and effective en- for incremental hydropower shall not be will not be able to fully comply with sub- forcement. based on any operational changes at the hy- section (b) may— ‘‘(5) MINIMIZATION OF ADMINISTRATIVE BUR- droelectric facility that is not directly asso- ‘‘(A) submit a plan to the Secretary dem- DENS AND COSTS.—In carrying out this sec- ciated with the efficiency improvements or onstrating that the retail electric supplier tion, the Secretary shall work with the capacity additions. will earn sufficient Federal renewable energy States to minimize administrative burdens ‘‘(C) INDIAN LAND.— credits within the next 3 calendar years that, and costs to retail electric suppliers. ‘‘(i) IN GENERAL.—The Secretary shall issue when taken into account, will enable the re- ‘‘(l) RECOVERY OF COSTS.—An electric util- 2 renewable energy credits for each kilowatt tail electric supplier to meet the require- ity that has sales of electric energy that are hour of electric energy generated and sup- ments of subsection (b) for calendar year 2016 subject to rate regulation (including any plied to the grid in a calendar year through and the subsequent calendar years involved; utility with rates that are regulated by the the use of a renewable energy resource at an and Commission and any State regulated electric eligible facility located on Indian land. ‘‘(B) on the approval of the plan by the utility) shall not be denied the opportunity ‘‘(ii) BIOMASS.—For purposes of this para- Secretary, apply Federal renewable energy to recover the full amount of the prudently graph, renewable energy generated by bio- credits that the plan demonstrates will be incurred incremental cost of renewable en- mass cofired with other fuels is eligible for 2 earned within the next 3 calendar years to ergy obtained to comply with the require- credits only if the biomass was grown on the meet the requirements of subsection (b) for ments of subsection (b). land. each calendar year involved. ‘‘(m) PROGRAM REVIEW.— ‘‘(D) ON-SITE ELIGIBLE FACILITIES.— ‘‘(2) REPAYMENT.—The retail electric sup- ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(i) IN GENERAL.—In the case of electric en- plier shall repay all of the borrowed Federal enter into an arrangement with the National ergy generated by a renewable energy re- renewable energy credits by submitting an Academy of Sciences under which the Acad- source at an on-site eligible facility that is equivalent number of Federal renewable en- emy shall conduct a comprehensive evalua- not larger than 1 megawatt in capacity and ergy credits, in addition to the credits other- tion of all aspects of the program established is used to offset all or part of the require- wise required under subsection (b), by cal- under this section. ments of a customer for electric energy, the endar year 2023 or any earlier deadlines spec- ‘‘(2) EVALUATION.—The study shall include Secretary shall issue 3 renewable energy ified in the approved plan. an evaluation of—

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Renewable electricity standard.’’. SEC. lll. REMOVAL OF LIMITS ON LIABILITY ‘‘(C) the impact on the regional diversity FOR OFFSHORE FACILITIES. and reliability of supply sources, including SA 3102. Mr. UDALL submitted an Section 1004(a)(3) of the Oil Pollution Act the power quality benefits of distributed gen- amendment intended to be proposed to of 1990 (33 U.S.C. 2704(a)(3)) is amended by eration; amendment SA 2953 proposed by Ms. striking ‘‘plus $75,000,000’’ and inserting ‘‘and ‘‘(D) the regional resource development the liability of the responsible party under MURKOWSKI to the bill S. 2012, to pro- relative to renewable potential and reasons section 1002’’. for any investment in renewable resources; vide for the modernization of the en- and ergy policy of the United States, and SA 3104. Mr. MENENDEZ (for him- ‘‘(E) the net cost/benefit of the renewable for other purposes; which was ordered self, Ms. WARREN, Mr. BOOKER, Ms. MI- electricity standard to the national and to lie on the table; as follows: KULSKI, Mr. MARKEY, Mr. BLUMENTHAL, State economies, including— At the appropriate place, insert the fol- Mr. SANDERS, Mr. WHITEHOUSE, Mr. ‘‘(i) retail power costs; lowing: NELSON, and Mr. CARDIN) submitted an ‘‘(ii) the economic development benefits of SEC. lll. CLEAN ENERGY VICTORY BONDS. investment; amendment intended to be proposed to (a) IN GENERAL.—Not later than July 1, amendment SA 2953 proposed by Ms. ‘‘(iii) avoided costs related to environ- 2016, the Secretary of the Treasury, in co- MURKOWSKI to the bill S. 2012, to pro- mental and congestion mitigation invest- ordination with the Secretary of Energy and ments that would otherwise have been re- the Secretary of Defense, shall submit a re- vide for the modernization of the en- quired; port to Congress that provides recommenda- ergy policy of the United States, and ‘‘(iv) the impact on natural gas demand tions for the establishment, issuance, and for other purposes; which was ordered and price; and promotion of Clean Energy Victory Bonds by to lie on the table; as follows: ‘‘(v) the effectiveness of green marketing the Department of the Treasury (referred to programs at reducing the cost of renewable At the end of subtitle B of title III, add the in this section as the ‘‘Clean Energy Victory resources. following: Bonds Program’’). ‘‘(3) REPORT.—Not later than January 1, SEC. 31ll. PROHIBITION OF OIL AND GAS LEAS- (b) REQUIREMENTS.—For purposes of sub- 2019, the Secretary shall transmit to Con- ING IN CERTAIN AREAS OF THE section (a), the Clean Energy Victory Bonds gress a report describing the results of the OUTER CONTINENTAL SHELF. Program shall be designed to— evaluation and any recommendations for Section 8 of the Outer Continental Shelf (1) ensure that any available proceeds from modifications and improvements to the pro- Lands Act (43 U.S.C. 1337) is amended by add- the issuance of Clean Energy Victory Bonds gram. ing at the end the following: are used to finance clean energy projects (as ‘‘(n) STATE RENEWABLE ENERGY ACCOUNT.— ‘‘(q) PROHIBITION OF OIL AND GAS LEASING defined in subsection (c)) at the Federal, ‘‘(1) IN GENERAL.—There is established in IN CERTAIN AREAS OF THE OUTER CONTI- the Treasury a State renewable energy ac- State, and local level, which may include— NENTAL SHELF.—Notwithstanding any other count. (A) providing additional support to exist- provision of this section or any other law, ‘‘(2) DEPOSITS.—All money collected by the ing Federal financing programs available to the Secretary of the Interior shall not issue Secretary from the alternative compliance States for energy efficiency upgrades and a lease or any other authorization for the ex- payments under subsection (h) shall be de- clean energy deployment, and ploration, development, or production of oil, posited into the State renewable energy ac- (B) providing funding for clean energy in- natural gas, or any other mineral in— count established under paragraph (1). vestments by the Department of Defense and ‘‘(1) the Mid-Atlantic planning area; ‘‘(3) GRANTS.— other Federal agencies, ‘‘(2) the South Atlantic planning area; or ‘‘(A) IN GENERAL.—Proceeds deposited in (2) provide for payment of interest to per- ‘‘(3) the North Atlantic planning area.’’. the State renewable energy account shall be sons holding Clean Energy Victory Bonds used by the Secretary, subject to annual ap- through such methods as are determined ap- SA 3105. Mr. MENENDEZ (for him- propriations, for a program to provide propriate by the Secretary of the Treasury, self, Mr. MARKEY, Ms. MIKULSKI, Mr. grants— including amounts— WHITEHOUSE, Mr. MERKLEY, Mrs. MUR- ‘‘(i) to the State agency responsible for ad- (A) recaptured from savings achieved RAY, Mr. NELSON, Mr. LEAHY, Mr. through reduced energy spending by entities ministering a fund to promote renewable en- CARDIN, Mrs. BOXER, Ms. KLOBUCHAR, ergy generation for customers of the State receiving any funding or financial assistance and Mr. FRANKEN) submitted an or an alternative agency designated by the described in paragraph (1), and State; or (B) collected as interest on loans financed amendment intended to be proposed to ‘‘(ii) if no agency described in clause (i), to or guaranteed under the Clean Energy Vic- amendment SA 2953 proposed by Ms. the State agency developing State energy tory Bonds Program, MURKOWSKI to the bill S. 2012, to pro- conservation plans under section 362 of the (3) issue bonds in denominations of not less vide for the modernization of the en- Energy Policy and Conservation Act (42 than $25 or such amount as is determined ap- ergy policy of the United States, and U.S.C. 6322). propriate by the Secretary of the Treasury for other purposes; which was ordered ‘‘(B) USE.—The grants shall be used for the to make them generally accessible to the to lie on the table; as follows: purpose of— public, and At the end of the bill, add the following: ‘‘(i) promoting renewable energy produc- (4) collect not more than $50,000,000,000 in tion; and revenue from the issuance of Clean Energy TITLE VI—ELIMINATING TAX LOOPHOLES ‘‘(ii) providing energy assistance and Victory Bonds for purposes of financing FOR BIG OIL weatherization services to low-income con- clean energy projects described in paragraph SEC. 6001. SHORT TITLE. sumers. (1). This title may be cited as the ‘‘Close Big ‘‘(C) CRITERIA.—The Secretary may issue (c) CLEAN ENERGY PROJECT.—The term Oil Tax Loopholes Act’’. ‘‘clean energy project’’ means a project guidelines and criteria for grants awarded Subtitle A—Close Big Oil Tax Loopholes under this paragraph. which provides— SEC. 6011. MODIFICATIONS OF FOREIGN TAX ‘‘(D) STATE-APPROVED FUNDING MECHA- (1) performance-based energy efficiency improvements, or CREDIT RULES APPLICABLE TO NISMS.—At least 75 percent of the funds pro- MAJOR INTEGRATED OIL COMPA- vided to each State for each fiscal year shall (2) clean energy improvements, including— NIES WHICH ARE DUAL CAPACITY be used to promote renewable energy produc- (A) electricity generated from solar, wind, TAXPAYERS. tion through grants, production incentives, geothermal, micro-hydropower, and (a) IN GENERAL.—Section 901 of the Inter- or other State-approved funding mecha- hydrokinetic energy sources, nal Revenue Code of 1986 is amended by re- nisms. (B) fuel cells using non-fossil fuel sources, designating subsection (n) as subsection (o) ‘‘(E) ALLOCATION.—The funds shall be allo- (C) advanced batteries, and by inserting after subsection (m) the fol- cated to the States on the basis of retail (D) next generation biofuels from non-food lowing new subsection: electric sales subject to the renewable elec- feedstocks, and ‘‘(n) SPECIAL RULES RELATING TO MAJOR IN- tricity standard under this section or (E) electric vehicle infrastructure. TEGRATED OIL COMPANIES WHICH ARE DUAL through voluntary participation. CAPACITY TAXPAYERS.— ‘‘(F) RECORDS.—State agencies receiving SA 3103. Mr. MENENDEZ submitted ‘‘(1) GENERAL RULE.—Notwithstanding any grants under this paragraph shall maintain an amendment intended to be proposed other provision of this chapter, any amount such records and evidence of compliance as to amendment SA 2953 proposed by Ms. paid or accrued by a dual capacity taxpayer the Secretary may require.’’. MURKOWSKI to the bill S. 2012, to pro- which is a major integrated oil company

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(within the meaning of section 167(h)(5)) to a ‘‘(1) IN GENERAL.—Notwithstanding sub- integrated oil company’ includes any suc- foreign country or possession of the United section (a), and except as provided in sub- cessor in interest of a company that was de- States for any period shall not be considered section (i), regulations shall be prescribed by scribed in subparagraph (B) in any taxable a tax— the Secretary under this subtitle cor- year, if such successor controls more than 50 ‘‘(A) if, for such period, the foreign country responding to the regulations which granted percent of the crude oil production or nat- or possession does not impose a generally ap- the option to deduct as expenses intangible ural gas production of such company.’’. plicable income tax, or drilling and development costs in the case of (b) CONFORMING AMENDMENTS.— ‘‘(B) to the extent such amount exceeds the oil and gas wells and which were recognized (1) IN GENERAL.—Subparagraph (B) of sec- amount (determined in accordance with reg- and approved by the Congress in House Con- tion 167(h)(5) of the Internal Revenue Code of ulations) which— current Resolution 50, Seventy-ninth Con- 1986 is amended by inserting ‘‘except as pro- ‘‘(i) is paid by such dual capacity taxpayer gress. Such regulations shall also grant the vided in subparagraph (C),’’ after ‘‘For pur- pursuant to the generally applicable income option to deduct as expenses intangible drill- poses of this paragraph,’’. tax imposed by the country or possession, or ing and development costs in the case of (2) TAXABLE YEARS TESTED.—Clause (iii) of ‘‘(ii) would be paid if the generally applica- wells drilled for any geothermal deposit (as section 167(h)(5)(B) of such Code is amend- ble income tax imposed by the country or defined in section 613(e)(2)) to the same ex- ed— possession were applicable to such dual ca- tent and in the same manner as such ex- (A) by striking ‘‘does not apply by reason pacity taxpayer. penses are deductible in the case of oil and of paragraph (4) of section 613A(d)’’ and in- Nothing in this paragraph shall be construed gas wells. This subsection shall not apply serting ‘‘did not apply by reason of para- to imply the proper treatment of any such with respect to any costs to which any de- graph (4) of section 613A(d) for any taxable amount not in excess of the amount deter- duction is allowed under section 59(e) or 291. year after 2004’’, and mined under subparagraph (B). ‘‘(2) EXCLUSION.— (B) by striking ‘‘does not apply’’ in sub- ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- ‘‘(A) IN GENERAL.—This subsection shall clause (II) and inserting ‘‘did not apply for poses of this subsection, the term ‘dual ca- not apply to amounts paid or incurred by a the taxable year’’. pacity taxpayer’ means, with respect to any taxpayer in any taxable year in which such (c) EFFECTIVE DATE.—The amendments foreign country or possession of the United taxpayer is a major integrated oil company made by this section shall apply to taxable States, a person who— (within the meaning of section 167(h)(5)). years beginning after December 31, 2015. ‘‘(A) is subject to a levy of such country or ‘‘(B) AMORTIZATION OF AMOUNTS NOT ALLOW- Subtitle B—Outer Continental Shelf Oil and possession, and ABLE AS DEDUCTIONS UNDER SUBPARAGRAPH Natural Gas ‘‘(B) receives (or will receive) directly or (A).—The amount not allowable as a deduc- SEC. 6021. REPEAL OF OUTER CONTINENTAL indirectly a specific economic benefit (as de- tion for any taxable year by reason of sub- SHELF DEEP WATER AND DEEP GAS termined in accordance with regulations) paragraph (A) shall be allowable as a deduc- ROYALTY RELIEF. from such country or possession. tion ratably over the 60-month period begin- (a) IN GENERAL.—Sections 344 and 345 of ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— ning with the month in which the costs are the Energy Policy Act of 2005 (42 U.S.C. 15904, For purposes of this subsection— paid or incurred. For purposes of section 15905) are repealed. (b) ADMINISTRATION.—The Secretary of the ‘‘(A) IN GENERAL.—The term ‘generally ap- 1254, any deduction under this subparagraph plicable income tax’ means an income tax Interior shall not be required to provide for shall be treated as a deduction under this (or a series of income taxes) which is gen- royalty relief in the lease sale terms begin- subsection.’’. ning with the first lease sale held on or after erally imposed under the laws of a foreign (b) EFFECTIVE DATE.—The amendment the date of enactment of this Act for which country or possession on income derived made by this section shall apply to amounts a final notice of sale has not been published. from the conduct of a trade or business with- paid or incurred in taxable years beginning in such country or possession. after December 31, 2015. Subtitle C—Miscellaneous ‘‘(B) EXCEPTIONS.—Such term shall not in- SEC. 6014. LIMITATION ON PERCENTAGE DEPLE- SEC. 6031. DEFICIT REDUCTION. clude a tax unless it has substantial applica- TION ALLOWANCE FOR OIL AND GAS The net amount of any savings realized as tion, by its terms and in practice, to— WELLS. a result of the enactment of this title and ‘‘(i) persons who are not dual capacity tax- (a) IN GENERAL.—Section 613A of the Inter- the amendments made by this title (after payers, and nal Revenue Code of 1986 is amended by add- any expenditures authorized by this title and ‘‘(ii) persons who are citizens or residents ing at the end the following new subsection: the amendments made by this title) shall be of the foreign country or possession.’’. ‘‘(f) APPLICATION WITH RESPECT TO MAJOR deposited in the Treasury and used for Fed- (b) EFFECTIVE DATE.— INTEGRATED OIL COMPANIES.—In the case of eral budget deficit reduction or, if there is no (1) IN GENERAL.—The amendments made by any taxable year in which the taxpayer is a Federal budget deficit, for reducing the Fed- this section shall apply to taxes paid or ac- major integrated oil company (within the eral debt in such manner as the Secretary of crued in taxable years beginning after the meaning of section 167(h)(5)), the allowance the Treasury considers appropriate. date of the enactment of this Act. for percentage depletion shall be zero.’’. SEC. 6032. BUDGETARY EFFECTS. (2) CONTRARY TREATY OBLIGATIONS (b) EFFECTIVE DATE.—The amendment The budgetary effects of this title, for the UPHELD.—The amendments made by this sec- made by this section shall apply to taxable purpose of complying with the Statutory tion shall not apply to the extent contrary years beginning after December 31, 2015. Pay-As-You-Go Act of 2010, shall be deter- to any treaty obligation of the United SEC. 6015. LIMITATION ON DEDUCTION FOR TER- mined by reference to the latest statement States. TIARY INJECTANTS. titled ‘‘Budgetary Effects of PAYGO Legisla- SEC. 6012. LIMITATION ON SECTION 199 DEDUC- (a) IN GENERAL.—Section 193 of the Inter- tion’’ for this Act, submitted for printing in TION ATTRIBUTABLE TO OIL, NAT- nal Revenue Code of 1986 is amended by add- the Congressional Record by the Chairman of URAL GAS, OR PRIMARY PRODUCTS ing at the end the following new subsection: the Senate Budget Committee, provided that THEREOF. ‘‘(d) APPLICATION WITH RESPECT TO MAJOR such statement has been submitted prior to (a) DENIAL OF DEDUCTION.—Paragraph (4) of INTEGRATED OIL COMPANIES.— the vote on passage. section 199(c) of the Internal Revenue Code ‘‘(1) IN GENERAL.—This section shall not of 1986 is amended by adding at the end the apply to amounts paid or incurred by a tax- SA 3106. Mr. CASSIDY (for himself, following new subparagraph: payer in any taxable year in which such tax- Mr. CORNYN, and Mr. VITTER) sub- ‘‘(E) SPECIAL RULE FOR CERTAIN OIL AND GAS payer is a major integrated oil company mitted an amendment intended to be INCOME.—In the case of any taxpayer who is (within the meaning of section 167(h)(5)). a major integrated oil company (within the proposed to amendment SA 2953 pro- ‘‘(2) AMORTIZATION OF AMOUNTS NOT ALLOW- meaning of section 167(h)(5)) for the taxable posed by Ms. MURKOWSKI to the bill S. ABLE AS DEDUCTIONS UNDER PARAGRAPH (1).— year, the term ‘domestic production gross re- 2012, to provide for the modernization The amount not allowable as a deduction for ceipts’ shall not include gross receipts from of the energy policy of the United any taxable year by reason of paragraph (1) the production, refining, processing, trans- States, and for other purposes; which shall be allowable as a deduction ratably portation, or distribution of oil, gas, or any over the 60-month period beginning with the was ordered to lie on the table; as fol- primary product (within the meaning of sub- month in which the costs are paid or in- lows: section (d)(9)) thereof.’’. curred.’’. At the appropriate place, insert the fol- (b) EFFECTIVE DATE.—The amendment (b) EFFECTIVE DATE.—The amendment lowing: made by this section shall apply to taxable made by this section shall apply to amounts SEC. lll. REPORTS. years beginning after December 31, 2015. paid or incurred in taxable years beginning (a) DEFINITIONS.—In this section: SEC. 6013. LIMITATION ON DEDUCTION FOR IN- after December 31, 2015. (1) BSEE.—The term ‘‘BSEE’’ means the TANGIBLE DRILLING AND DEVELOP- MENT COSTS; AMORTIZATION OF SEC. 6016. MODIFICATION OF DEFINITION OF Bureau of Safety and Environmental En- DISALLOWED AMOUNTS. MAJOR INTEGRATED OIL COMPANY. forcement. (a) IN GENERAL.—Section 263(c) of the In- (a) IN GENERAL.—Paragraph (5) of section (2) PROPOSED RULE.—The term ‘‘proposed ternal Revenue Code of 1986 is amended to 167(h) of the Internal Revenue Code of 1986 is rule’’ means the proposed rule of the BSEE read as follows: amended by adding at the end the following entitled ‘‘Oil and Gas and Sulphur Oper- ‘‘(c) INTANGIBLE DRILLING AND DEVELOP- new subparagraph: ations in the Outer Continental Shelf – Blow- MENT COSTS IN THE CASE OF OIL AND GAS ‘‘(C) CERTAIN SUCCESSORS IN INTEREST.—For out Preventer Systems and Well Control’’ (80 WELLS AND GEOTHERMAL WELLS.— purposes of this paragraph, the term ‘major Fed. Reg. 21504 (April 17, 2015)).

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(3) SECRETARY.—The term ‘‘Secretary’’ the President under section 802 warrants as- management agencies under the jurisdiction means the Secretary of the department in sistance under section 803 to supplement the of the respective Secretary for the purpose which the BSEE is operating. efforts and resources of the Department of funding— (b) REPORT REQUIRED.—Not later than the the Interior or the Department of Agri- ‘‘(A) projects and activities on Federal later of 90 days after the date of enactment culture— land that improve the fire regime of areas of this Act or the day before the date of pub- ‘‘(i) on Federal land; or that meet the desired future conditions of lication of the final version of the proposed ‘‘(ii) on non-Federal land pursuant to a fire the applicable land and resource manage- rule, the Secretary shall submit to the Com- protection agreement or cooperative agreement plan or land use plan; or mittees on Appropriations and Energy and ment.’’. ‘‘(B) restoration and resiliency projects Natural Resources of the Senate and the SEC. 6002. DECLARATION OF A MAJOR DISASTER and activities on Federal land that meet the Committees on Appropriations and Natural FOR WILDFIRE ON FEDERAL LAND. desired future conditions of the applicable Resources of the House of Representatives a The Robert T. Stafford Disaster Relief and land and resource management plan or land report containing an analysis of the proposed Emergency Assistance Act (42 U.S.C. 5170 et use plan; rule— seq.) is amended by adding at the end the fol- ‘‘(4) certify that, in the current fiscal (1) to demonstrate the extent to which in- lowing: year— dustry and government have already effec- ‘‘TITLE VIII—MAJOR DISASTER FOR ‘‘(A) the total of the amounts certified tively and comprehensively enhanced off- WILDFIRE ON FEDERAL LAND under paragraphs (2) and (3) are equal to at shore safety; least 100 percent of the average total costs ‘‘SEC. 801. DEFINITIONS. (2) to identify any existing gaps and the ‘‘In this title: incurred by the Federal land management best manner with which to fill those gaps; agencies per year for wildfire suppression op- ‘‘(1) FEDERAL LAND.—The term ‘Federal and land’ means— erations, including the suppression costs in (3) to identify and provide justification for ‘‘(A) any land under the jurisdiction of the excess of appropriated amounts, over the any improvements to safety claimed in the Department of the Interior; and previous ten fiscal years; and proposed regulations and rules. ‘‘(B) any land under the jurisdiction of the ‘‘(B) the amount certified under paragraph United States Forest Service. (3) is in addition to and supplements other SA 3107. Ms. BALDWIN submitted an appropriations for the Federal land manage- ‘‘(2) FEDERAL LAND MANAGEMENT AGEN- ment agencies for projects and activities of amendment intended to be proposed to CIES.—The term ‘Federal land management amendment SA 2953 proposed by Ms. agencies’ means— the type described in subparagraphs (A) and MURKOWSKI to the bill S. 2012, to pro- ‘‘(A) the Bureau of Land Management; (B) of paragraph (3) that equal or exceed the vide for the modernization of the en- ‘‘(B) the National Park Service; total amount appropriated for such projects and activities for fiscal year 2015, subject to ergy policy of the United States, and ‘‘(C) the Bureau of Indian Affairs; ‘‘(D) the United States Fish and Wildlife the condition that such 2015 threshold for other purposes; which was ordered amount shall be adjusted annually beginning to lie on the table; as follows: Service; and ‘‘(E) the United States Forest Service. with fiscal year 2017 to reflect changes over the preceding fiscal year in the Consumer At the end of subtitle E of title IV, add the ‘‘(3) WILDFIRE SUPPRESSION OPERATIONS.— following: The term ‘wildfire suppression operations’ Price Index for all-urban consumers pub- SEC. 44ll. NATIONAL SCENIC TRAILS. means the emergency and unpredictable as- lished by the Secretary of Labor; ‘‘(5) certify that the amount available for (a) NORTH COUNTRY NATIONAL SCENIC pects of wildland firefighting, including sup- wildfire suppression operations of the Fed- TRAIL.—Section 5(a)(8) of the National Trails port, response, emergency stabilization ac- System Act (16 U.S.C. 1244(a)(8)) is amended, tivities, and other emergency management eral land management agencies under the ju- in the third sentence, by inserting ‘‘as a unit activities of wildland firefighting on Federal risdiction of the respective Secretary will be of the National Park System’’ before the pe- land (or on non-Federal land pursuant to a obligated not later than 30 days after such riod at the end. fire protection agreement or cooperative Secretary notifies the President that wild- (b) ICE AGE NATIONAL SCENIC TRAIL.—Sec- agreement) by the Federal land management fire suppression funds will be exhausted to tion 5(a)(10) of the National Trails System agencies covered by the wildfire suppression fund ongoing and anticipated wildfire sup- Act (16 U.S.C. 1244(a)(10)) is amended by subactivity of the Wildland Fire Manage- pression operations related to the wildfire on striking the third and fourth sentences and ment accounts or the FLAME Wildfire Sup- which the request for the declaration of a inserting ‘‘The trail shall be administered by pression Reserve Fund account of the Fed- major disaster for wildfire on Federal land the Secretary of the Interior as a unit of the eral land management agencies. pursuant to this title is based; and National Park System.’’. ‘‘(6) specify the amount required in the ‘‘SEC. 802. PROCEDURE FOR DECLARATION OF A current fiscal year to fund wildfire suppres- (c) NEW ENGLAND NATIONAL SCENIC MAJOR DISASTER FOR WILDFIRE ON TRAIL.—Section 5(a)(28) of the National FEDERAL LAND. sion operations related to the wildfire on Trails System Act (16 U.S.C. 1244(a)(28)) is ‘‘(a) IN GENERAL.—The Secretary of the In- which the request for the declaration of a amended, in the third sentence, by inserting terior or the Secretary of Agriculture may major disaster for wildfire on Federal land ‘‘as a unit of the National Park System’’ submit a request to the President consistent pursuant to this title is based. after ‘‘administer the trail’’. with the requirements of this title for a dec- ‘‘(c) DECLARATION.—Based on the request of the respective Secretary under this title, the laration by the President that a major dis- President may declare that a major disaster SA 3108. Mr. WYDEN (for himself and aster for wildfire on Federal land exists. for wildfire on Federal land exists. ‘‘(b) REQUIREMENTS.—A request for a dec- Mr. CRAPO) submitted an amendment ‘‘(d) LIST OF PROJECTS REPORTING REQUIRE- laration by the President that a major dis- intended to be proposed by him to the MENT.—Not later than November 1 of each bill S. 2012, to provide for the mod- aster for wildfire on Federal land exists fiscal year, the Secretary of Agriculture and shall— ernization of the energy policy of the the Secretary of the Interior shall each sub- ‘‘(1) be made in writing by the respective mit to the Committees on Agriculture, Ap- United States, and for other purposes; Secretary; which was ordered to lie on the table; propriations, and Natural Resources of the ‘‘(2) certify that, in the current fiscal year, House of Representatives and the Commit- as follows: the amount appropriated for wildfire sup- tees on Agriculture, Nutrition, and Forestry, At the end, add the following: pression operations of the Federal land man- Appropriations, and Natural Resources of agement agencies under the jurisdiction of TITLE VI—FOREST WILDFIRE FUNDING the Senate a list of projects and activities of the respective Secretary, net of any concur- AND FOREST MANAGEMENT the type described in subparagraphs (A) and rently enacted rescissions of wildfire sup- (B) of subsection (b)(3) to be conducted using Subtitle A—Major Disaster for Wildfire on pression funds, increases the total unobli- Federal Land funds described in subsection (b)(3). gated balance of amounts available for wild- ‘‘SEC. 803. WILDFIRE ON FEDERAL LAND ASSIST- SEC. 6001. WILDFIRE ON FEDERAL LAND. fire suppression by an amount equal to at ANCE. Section 102(2) of the Robert T. Stafford least 70 percent of the average total costs in- ‘‘(a) IN GENERAL.—In a major disaster for Disaster Relief and Emergency Assistance curred by the Federal land management wildfire on Federal land, the President may Act (42 U.S.C. 5122(2)) is amended— agencies per year for wildfire suppression op- direct the transfer of funds, only from the (1) by striking ‘‘(2)’’ and all that follows erations, including the suppression costs in account established pursuant to subsection through ‘‘means’’ and inserting the fol- excess of appropriated amounts, over the (b), to the Secretary of the Interior or the lowing: previous ten fiscal years; Secretary of Agriculture to conduct wildfire ‘‘(2) MAJOR DISASTER.— ‘‘(3) certify that, in the current fiscal year, suppression operations on Federal land (and ‘‘(A) MAJOR DISASTER.—The term ‘major an amount equal to at least 30 percent of the non-Federal land pursuant to a fire protec- disaster’ means’’; and average total costs incurred by the Federal tion agreement or cooperative agreement). (2) by adding at the end the following: land management agencies per year for wild- ‘‘(b) WILDFIRE SUPPRESSION OPERATIONS ‘‘(B) MAJOR DISASTER FOR WILDFIRE ON FED- fire suppression operations, including the DISASTER ACCOUNT.— ERAL LAND.—The term ‘major disaster for suppression costs in excess of appropriated ‘‘(1) IN GENERAL.—There is established a wildfire on Federal land’ means any wildfire amounts, over the previous ten fiscal years, specific account for the assistance available or wildfires, which in the determination of has been appropriated for the Federal land pursuant to a declaration under section 802.

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‘‘(2) USE.—The account established by and such other factors as the respective Sec- meaning given that term in section 101(13) of paragraph (1) may only be used to fund as- retary considers appropriate. the Healthy Forests Restoration Act of 2003 sistance pursuant to this title. ‘‘(3) Total expenditures for wildfire sup- (16 U.S.C. 6511(13)). ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— pression operations of the Federal land man- (5) SECRETARY CONCERNED.—The term ‘‘Sec- There are authorized to be appropriated to agement agencies under the jurisdiction of retary concerned’’ means— the account established by paragraph (1) the respective Secretary, broken out by fire (A) the Secretary of Agriculture, with re- such sums as are necessary to carry out the sizes, cost, regional location, and such other spect to National Forest System land; and purposes of a declaration under section 802, factors as such Secretary considers appro- (B) the Secretary of the Interior, with re- but not to exceed the limitations specified in priate. spect to public land. subsection (c)(2). ‘‘(4) Lessons learned. (b) COLLABORATIVE MANAGEMENT ACTIVI- ‘‘(c) LIMITATIONS.— ‘‘(5) Such other matters as the respective TIES.— ‘‘(1) LIMITATIONS RELATED TO REQUEST AND Secretary considers appropriate. (1) APPLICABILITY.—This subsection may ACCOUNT AMOUNTS.—The assistance available ‘‘(g) SAVINGS PROVISION.—Except as pro- pursuant to a declaration under section 802 vided in subsections (c) and (d), nothing in apply in any case in which the Secretary is limited to the transfer of the amount re- this title shall limit the Secretary of the In- concerned prepares an environmental assess- quested pursuant to section 802(b)(6). The as- terior, the Secretary of Agriculture, Indian ment or an environmental impact statement sistance available for transfer shall not ex- tribe, or a State from receiving assistance pursuant to section 102(2) of the National En- ceed the amount contained in the wildfire through a declaration made by the President vironmental Policy Act of 1969 (42 U.S.C. suppression operations account established under this Act when the criteria for such 4332(2)) for a project for a forest management pursuant to subsection (b). declaration have been met.’’. activity described in paragraph (2). ‘‘(2) MAXIMUM TRANSFER AMOUNT LIMITA- SEC. 6003. PROHIBITION ON TRANSFERS. (2) DESCRIPTION OF PROJECTS.—A project TION.—If a bill or joint resolution making ap- No funds may be transferred to or from the for a forest management activity referred to propriations for a fiscal year is enacted that Federal land management agencies’ wildfire in paragraph (1) is a project to carry out for- specifies an amount for wildfire suppression suppression operations accounts referred to est restoration treatments that— operations in the Wildland Fire Management in section 801(3) of the Robert T. Stafford (A) maximizes the retention of old-growth accounts of the Department of Agriculture Disaster Relief and Emergency Assistance and large trees, as appropriate for the forest or the Department of the Interior, then the Act to or from any account or subactivity of type, to the extent that the trees promote total amount of assistance appropriated to the Federal land management agencies, as stands that are resilient to uncharacteristic and transferred from the account established defined in section 801(2) of such Act, that is wildfire, insects, and disease; pursuant to subsection (b) and pursuant to a not used to cover the cost of wildfire sup- (B) considers the best available scientific declaration under section 802 for wildfire pression operations. information to maintain or restore the eco- suppression operations, to the Wildland Fire SEC. 6004. EFFECTIVE DATE. logical integrity, including maintaining or Management accounts of the Department of The amendments made by this subtitle restoring structure, function, composition, Agriculture and the Department of the Inte- shall take effect on October 1, 2016. and connectivity; and (C) is developed and implemented through rior, for that fiscal year, shall not exceed Subtitle B—Forest Management a collaborative process. $1,647,000,000. SEC. 6011. EXPEDITED COLLABORATIVE FOREST (3) CONSIDERATION OF ALTERNATIVES.—In an ‘‘(3) TRANSFER OF FUNDS.—Funds under this MANAGEMENT ACTIVITIES. environmental assessment or environmental section shall be transferred from the wildfire (a) DEFINITIONS.—In this section: impact statement described in paragraph (1), suppression operations account to the wild- (1) COLLABORATIVE PROCESS.—The term the Secretary concerned shall study, de- fire suppression subactivity of the Wildland ‘‘collaborative process’’ means a process that velop, and describe not more than the fol- Fire Management Accounts. The transferred relates to the management of National For- lowing alternatives: funds shall remain available until expended. est System land or public land, by which a (A) Carrying out the project for a forest ‘‘(d) PROHIBITION OF OTHER TRANSFERS.— forest management activity is proposed— management activity, as proposed under Except as provided in this section, no funds (A) by a resource advisory committee paragraph (1). may be transferred to or from the account through collaboration with interested per- (B) The alternative of no action. established pursuant to subsection (b) to or sons, as described in section 603(b)(1)(C) of (4) LIMITATIONS.—Except as provided in from any other fund or account. the Healthy Forests Restoration Act of 2003 this subsection, nothing in this subsection ‘‘(e) REIMBURSEMENT FOR WILDFIRE SUP- (16 U.S.C. 6591b(b)(1)(C)); preempts or interferes with any obligation to PRESSION OPERATIONS ON NON-FEDERAL (B) by a collaborative that meets the re- comply with the provisions of any Federal LAND.—If amounts transferred under sub- quirements under section 4003 of the Omni- law, including— section (c) are used to conduct wildfire sup- bus Public Land Management Act of 2009 (16 (A) the Endangered Species Act of 1973 (16 pression operations on non-Federal land, the U.S.C. 7303); or U.S.C. 1531 et seq.); respective Secretary shall— (C) by a group not covered by subparagraph (B) the Federal Water Pollution Control ‘‘(1) secure reimbursement for the cost of (A) or (B), but that— Act (33 U.S.C. 1251 et seq.); or such wildfire suppression operations con- (i) includes multiple individuals who pro- (C) any other Federal environmental law. ducted on the non-Federal land; and vide balanced and broad representation of di- ‘‘(2) transfer the amounts received as reim- verse interests, including, if relevant and in- (c) CATEGORICAL EXCLUSION TO EXPEDITE bursement to the wildfire suppression oper- terested, but not limited to— CERTAIN CRITICAL RESPONSE ACTIONS.— ations disaster account established pursuant (I) environmental organizations; (1) AVAILABILITY OF CATEGORICAL EXCLU- to subsection (b). (II) timber and forest products industry SION.—A categorical exclusion is available to ‘‘(f) ANNUAL ACCOUNTING AND REPORTING representatives; the Secretary concerned to develop and REQUIREMENTS.—Not later than 90 days after (III) State agencies; carry out a forest management activity on the end of each fiscal year for which assist- (IV) units of local government; National Forest System land or public land ance is received pursuant to this section, the (V) tribal governments; and in any case in which— respective Secretary shall submit to the (VI) outdoor recreational representatives; (A) the forest management activity is de- Committees on Agriculture, Appropriations, and veloped and recommended through a collabo- the Budget, Natural Resources, and Trans- (ii) operates— rative process; and portation and Infrastructure of the House of (I) in a transparent and nonexclusive man- (B) the primary purpose of the forest man- Representatives and the Committees on Ag- ner; and agement activity is— riculture, Nutrition, and Forestry, Appro- (II) by consensus or in accordance with (i) to reduce hazardous fuel loads on land priations, the Budget, Energy and Natural voting procedures to ensure a high degree of in, or related to, a wildland-urban interface; Resources, Homeland Security and Govern- agreement among participants and across (ii) to protect a municipal water source, if mental Affairs, and Indian Affairs of the various interests. the municipality is within 100 miles of the Senate, and make available to the public, a (2) FOREST MANAGEMENT ACTIVITY.—The area to be treated; or report that includes the following: term ‘‘forest management activity’’ means a (iii) any combination of the purposes speci- ‘‘(1) The risk-based factors that influenced project or activity carried out by the Sec- fied in clauses (i) and (ii). management decisions regarding wildfire retary concerned on National Forest System (2) REQUIREMENTS.—A forest management suppression operations of the Federal land land or public land in conjunction with the activity covered by the categorical exclusion management agencies under the jurisdiction resource management plan covering the Na- granted by paragraph (1) is a project to carry of the Secretary concerned. tional Forest System land or public land. out forest restoration treatments that— ‘‘(2) Specific discussion of a statistically (3) RESOURCE ADVISORY COMMITTEE.—The (A) may not contain harvest units exceed- significant sample of large fires, in which term ‘‘resource advisory committee’’ has the ing a total of 3,000 acres; each fire is analyzed for cost drivers, effec- meaning given that term in section 201 of the (B) maximizes the retention of old-growth tiveness of risk management techniques, re- Secure Rural Schools and Community Self- and large trees, as appropriate for the forest sulting positive or negative impacts of fire Determination Act of 2000 (16 U.S.C. 7121). type, to the extent that the trees promote on the landscape, impact of investments in (4) RESOURCE MANAGEMENT PLAN.—The stands that are resilient to uncharacteristic preparedness, suggested corrective actions, term ‘‘resource management plan’’ has the wildfire; and

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(a) DEFINITIONS.—In this section: (c)(1), an eligible entity may— (d) CATEGORICAL EXCLUSION TO MEET RE- (1) COLLABORATIVE PROCESS.—The term (1) specify the National Forest System SOURCE MANAGEMENT PLAN GOALS FOR EARLY ‘‘collaborative process’’ means a process that land or public land for which the contribu- SUCCESSIONAL FORESTS.— relates to the management of National For- tion may be expended; and (1) AVAILABILITY OF CATEGORICAL EXCLU- est System land or public land, by which a (2) limit the types of forest management SION.—A categorical exclusion is available to forest management activity is proposed— activities for which the contribution may be the Secretary concerned to develop and (A) by a resource advisory committee expended. carry out a forest management activity on through collaboration with interested per- (e) AUTHORIZED FOREST MANAGEMENT AC- National Forest System land or public land sons, as described in section 603(b)(1)(C) of TIVITIES.—In such amounts as may be provided in advance in appropriations Acts, the in any case in which— the Healthy Forests Restoration Act of 2003 Secretary concerned may use the Fund to (A) the forest management activity is de- (16 U.S.C. 6591b(b)(1)(C)); plan, carry out, and monitor a forest man- veloped and recommended through a collabo- (B) by a collaborative that meets the re- agement activity that is— rative process; and quirements under section 4003 of the Omni- (1) developed through a collaborative proc- (B) the primary purpose of the forest man- bus Public Land Management Act of 2009 (16 ess; or agement activity is to modify, improve, en- U.S.C. 7303); or (2) covered by a community wildfire pro- hance, or create early successional forests (C) by a group not covered by subparagraph tection plan. for wildlife habitat improvement and other (A) or (B), but that— (f) IMPLEMENTATION METHODS.— purposes, consistent with the applicable re- (i) includes multiple individuals who pro- source management plan. (1) IN GENERAL.—A forest management ac- vide balanced and broad representation of di- tivity carried out using amounts in the Fund (2) PROJECT GOALS.—To the maximum ex- verse interests, including, if relevant and intent practicable, the Secretary concerned may be carried out pursuant to— terested, but not limited to— (A) a contract or agreement under section shall design a forest management activity (I) environmental organizations; under this subsection to meet early succes- 604 of the Healthy Forests Restoration Act of (II) timber and forest products industry 2003 (16 U.S.C. 6591c); sional forest goals in such a manner so as to representatives; maximize production and regeneration of (B) the good neighbor authority provided (III) State agencies; under section 8206 of the Agricultural Act of priority species, as identified in the resource (IV) units of local government; management plan and consistent with the 2014 (16 U.S.C. 2113a); (V) tribal governments; and (C) a contract under section 14 of the Na- capability of the activity site. (VI) outdoor recreational representatives; (3) REQUIREMENTS.—A forest management tional Forest Management Act of 1976 (16 and U.S.C. 472a); or activity covered by the categorical exclusion (ii) operates— granted by paragraph (1) is a project that— (D) any other authority available to the (I) in a transparent and nonexclusive man- Secretary concerned. (A) consists of not more than 250 acres, ner; and comprised of noncontiguous units to create a (2) USE OF REVENUES.—Any revenue gen- (II) by consensus or in accordance with erated by a forest management activity de- mosaic of age classes in accordance with the voting procedures to ensure a high degree of resource management plan; scribed in paragraph (1) shall be used to re- agreement among participants and across imburse the Fund for planning costs covered (B) contains harvest units, consistent with various interests. the applicable resource management plan; using amounts in the Fund. (2) COMMUNITY WILDFIRE PROTECTION (C) creates early seral habitat, consistent (g) RELATION TO OTHER LAWS.— PLAN.—The term ‘‘community wildfire pro- (1) REVENUE SHARING.—Subject to sub- with the applicable resource management tection plan’’ has the meaning given that plan; section (f), revenues generated by a forest term in section 101(3) of the Healthy Forests management activity carried out using (D) assists in meeting resource manage- Restoration Act of 2003 (16 U.S.C. 6511(3)). ment plan objectives for retention of old- amounts from the Fund shall be considered (3) ELIGIBLE ENTITY.—The term ‘‘eligible growth stands and retention of old-growth monies received from the National Forest entity’’ means— System. trees, consistent with resource management (A) a State or political subdivision of a plan objectives; and (2) KNUTSON-VANDENBERG ACT.—The Act of State containing National Forest System June 9, 1930 (commonly known as the (E) considers the best available scientific land or public land; information to maintain or restore early ‘‘Knutson-Vandenberg Act’’) (16 U.S.C. 576 et (B) a publicly chartered utility serving one seq.), shall apply to any forest management seral habitat. or more States or a political subdivision (e) ROADS.— activity carried out using amounts in the thereof; (1) PERMANENT ROADS.—A project carried Fund. (C) a rural electric company; and out under this section shall not include the (h) TERMINATION OF FUND.— (D) any other entity determined by the construction of new permanent roads. (1) TERMINATION.—The Fund shall termi- Secretary concerned to be appropriate for (2) EXISTING ROADS.—The Secretary con- nate on the date that is 10 years after the participation in the Fund. cerned may carry out necessary maintenance date of enactment of this Act. (4) FUND.—The term ‘‘Fund’’ means the of, repairs to, or reconstruction of an exist- (2) EFFECT OF TERMINATION.—On termi- State-Supported Forest Management Fund ing permanent road for the purposes of this nation of the Fund under paragraph (1) or established by subsection (b). section. pursuant to any other provision of law, any (5) RESOURCE ADVISORY COMMITTEE.—The (3) TEMPORARY ROADS.—The Secretary con- unobligated contribution remaining in the term ‘‘resource advisory committee’’ has the cerned shall decommission any temporary Fund shall be returned to the eligible entity meaning given that term in section 201 of the road constructed under a project under this that made the contribution. Secure Rural Schools and Community Self- section not later than 3 years after the date SEC. 6013. FOREST SERVICE LEGACY ROADS AND Determination Act of 2000 (16 U.S.C. 7121). on which the project is completed. TRAILS REMEDIATION PROGRAM. (6) SECRETARY CONCERNED.—The term ‘‘Sec- (f) EXCLUSIONS.—This section does not (a) IN GENERAL.—The Secretary of Agri- apply to— retary concerned’’ means— culture shall establish and maintain a Forest (1) a component of the National Wilderness (A) the Secretary of Agriculture, with re- Service Legacy Roads and Trails Remedi- Preservation System; spect to National Forest System land; and ation Program within the National Forest (2) any Federal land on which, by Act of (B) the Secretary of the Interior, with re- System— Congress or Presidential proclamation, the spect to public land. (1) to carry out critical maintenance and removal of vegetation prohibited; (b) STATE-SUPPORTED FOREST MANAGEMENT urgent repairs and improvements on Na- (3) a congressionally designated wilderness FUND.—There is established in the Treasury tional Forest System roads, trails, and study area; of the United States a fund, to be known as bridges; (4) an inventoried roadless area; or the ‘‘State-Supported Forest Management (2) to restore fish and other aquatic orga- (5) an area in which the activities author- Fund’’, to cover the cost of planning (espe- nism passage by removing or replacing un- ized under this section would be inconsistent cially as relating to compliance with section natural barriers to the passage of fish and with the applicable resource management 102(2) of the National Environmental Policy other aquatic organisms; plan. Act of 1969 (42 U.S.C. 4332(2))), carrying out, (3) to decommission unneeded roads and (g) RESOURCE MANAGEMENT PLANS.—All and monitoring certain forest management trails; and projects and activities carried out under this activities on National Forest System land or (4) to carry out associated activities. subsection shall be consistent with the republic land. (b) PRIORITY.—In implementing the Forest source management plan applicable to the (c) CONTENTS.—The Fund shall consist of Service Legacy Roads and Trails Remedi- National Forest System land or public land such amounts as may be— ation Program, the Secretary of Agriculture containing the projects and activities. (1) contributed by an eligible entity for de- shall give priority to projects that protect or (h) PUBLIC NOTICE AND SCOPING.—The Sec- posit in the Fund; restore— retary concerned shall conduct public notice (2) appropriated to the Fund; or (1) water quality;

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(c) NATIONAL FOREST SYSTEM.—Except as source management plan. ‘‘(c) EMERGENCY DESIGNATION.—Notwith- authorized under section 323 of title III of ‘‘(B) MANNER OF USE.—The Secretary may standing subsection (a)(2), the Secretary the Department of the Interior and Related accept and use investments described in sub- may identify a watershed as a priority for re- Agencies Appropriations Act, 1999 (16 U.S.C. paragraph (A) directly or indirectly through habilitation in the Watershed Condition 1011a), all projects carried out under the For- the National Forest Foundation. Framework without using the process de- est Service Legacy Roads and Trails Remedi- ‘‘(C) WATER SOURCE PROTECTION FUND.— scribed in subsection (a), if a Forest Super- ation Program shall be on National Forest ‘‘(i) IN GENERAL.—Subject to the avail- visor determines that— System roads. ability of appropriations, the Secretary may ‘‘(1) a wildfire has significantly diminished (d) NATIONAL PROGRAM STRATEGY.—Not establish a Water Source Protection Fund to the condition of the watershed; and later than 180 days after the date of enact- match funds or in-kind support contributed ‘‘(2) the emergency stabilization activities ment of this Act, the Secretary of Agri- by water source investment partnership par- of the Burned Area Emergency Response culture shall develop a national strategy for ticipants under subparagraph (A). Team are insufficient to return the water- implementing the Forest Service Legacy ‘‘(ii) USE OF APPROPRIATED FUNDS.—The shed to proper function.’’. Roads and Trails Remediation Program. Secretary may use funds appropriated to SEC. 6015. COLLABORATIVE FOREST LANDSCAPE SEC. 6014. WATER SOURCE PROTECTION PRO- RESTORATION PROGRAM. GRAM AND WATERSHED CONDITION carry out this subparagraph to make multiyear commitments, if necessary, to im- (a) SELECTION PROCESS.—Section 4003(f)(4) FRAMEWORK. of the Omnibus Public Land Management Subtitle A of title III of the Omnibus Pub- plement 1 or more water source investment partnership agreements. Act of 2009 (16 U.S.C. 7303(f)(4)) is amended by lic Land Management Act of 2009 (Public adding at the end the following: Law 111–11) is amended by adding at the end ‘‘SEC. 3003. WATERSHED CONDITION FRAME- ‘‘(C) PREQUALIFICATION.— the following: WORK FOR NATIONAL FOREST SYS- ‘‘(i) IN GENERAL.—Before awarding a con- TEM LAND. ‘‘SEC. 3002. WATER SOURCE PROTECTION PRO- tract funded by the Fund, the Secretary GRAM FOR NATIONAL FOREST SYS- ‘‘(a) IN GENERAL.—The Secretary of Agri- TEM LAND. shall determine whether the contractor has culture, acting through the Chief of the For- the ability to complete the proposed restora- ‘‘(a) IN GENERAL.—The Secretary of Agri- est Service (referred to in this section as the culture, acting through the Chief of the For- tion activities, including— ‘Secretary’), shall establish and maintain a ‘‘(I) the financial ability to raise the funds est Service (referred to in this section as the Watershed Condition Framework for Na- ‘Secretary’), shall establish and maintain a necessary for the proposed restoration actional Forest System land derived from the tivities; and Water Source Protection Program for Na- public domain— tional Forest System land derived from the ‘‘(II) sufficient capacity to perform the ‘‘(1) to evaluate and classify the condition type and scope of the proposed restoration public domain. of watersheds, taking into consideration— ‘‘(b) WATER SOURCE INVESTMENT PARTNER- activities. ‘‘(A) water quality and quantity; SHIPS.— ‘‘(ii) CRITERIA.—If the Department does not ‘‘(B) aquatic habitat and biota; ‘‘(1) IN GENERAL.—In carrying out the have sufficient expertise to develop and ‘‘(C) riparian and wetland vegetation; Water Source Protection Program, the Sec- evaluate criteria to make a determination ‘‘(D) the presence of roads and trails; retary may enter into water source invest- under clause (i), the Secretary shall seek the ‘‘(E) soil type and condition; ment partnerships with end water users (in- assistance of other agencies or third-party cluding States, political subdivisions, Indian ‘‘(F) groundwater-dependent ecosystems; consultants for purposes of developing and tribes, utilities, municipal water systems, ir- ‘‘(G) relevant terrestrial indicators, such evaluating the criteria.’’. rigation districts, nonprofit organizations, as fire regime, risk of catastrophic fire, for- (b) REAUTHORIZATION OF COLLABORATIVE and corporations) to protect and restore the est and rangeland vegetation, invasive spe- FOREST LANDSCAPE RESTORATION FUND.— condition of National Forest watersheds that cies, and insects and disease; and Section 4003(f)(6) of the Omnibus Public Land provide water to the non-Federal partners. ‘‘(H) other significant factors, as deter- Management Act of 2009 (16 U.S.C. 7303(f)(6)) ‘‘(2) FORM.—A partnership described in mined by the Secretary; is amended by striking ‘‘2019, to remain paragraph (1) may take the form of memo- ‘‘(2) to identify for restoration up to 5 pri- available until expended’’ and inserting randa of understanding, cost-share or collec- ority watersheds in each National Forest, ‘‘2014, and $60,000,000 for each of fiscal years tion agreements, long-term match funding and up to 2 priority watersheds in each na- 2016 through 2024, to remain available until commitments, or other appropriate instru- tional grassland, taking into consideration expended’’. ments. the impact of the condition of the watershed ‘‘(c) WATER SOURCE MANAGEMENT PLAN.— condition on— SA 3109. Mr. FRANKEN submitted an ‘‘(1) IN GENERAL.—In carrying out the ‘‘(A) wildfire behavior; amendment intended to be proposed to Water Source Protection Program, the Sec- ‘‘(B) flood risk; amendment SA 2953 proposed by Ms. retary may produce a water source manage- ‘‘(C) fish and wildlife; MURKOWSKI to the bill S. 2012, to pro- ment plan in cooperation with the water ‘‘(D) drinking water supplies; vide for the modernization of the en- source investment partnership participants ‘‘(E) irrigation water supplies; ergy policy of the United States, and ‘‘(F) forest-dependent communities; and and State, local, and tribal governments. for other purposes; which was ordered ‘‘(2) FIREWOOD.—A water source manage- ‘‘(G) other significant impacts, as deter- ment plan may give priority to projects that mined by the Secretary; to lie on the table; as follows: facilitate the gathering of firewood for per- ‘‘(3) to develop a watershed restoration ac- On page 171, between lines 15 and 16, insert sonal use pursuant to section 223.5 of title 36, tion plan for each priority watershed that— the following: Code of Federal Regulations (or successor ‘‘(A) takes into account existing restora- (d) CONSIDERATION OF EFFECT ON AMERICAN regulations). tion activities being implemented in the wa- CONSUMER PRICES.—Notwithstanding any other provision in this section, the Secretary ‘‘(3) ENVIRONMENTAL ANALYSIS.—The Sec- tershed; and may only approve an application for the ex- retary may conduct— ‘‘(B) includes, at a minimum— portation of natural gas as described in sub- ‘‘(A) a single environmental impact state- ‘‘(i) the major stressors responsible for the section (a) if the Secretary makes a deter- ment or similar analysis required under the impaired condition of the watershed; mination that the exportation of natural gas National Environmental Policy Act of 1969 ‘‘(ii) a set of essential projects that, once will not cause an increase in the price of nat- completed, will address the identified (42 U.S.C. 4321 et seq.) for all or part of the ural gas for American consumers. restoration projects in the water source stressors and improve watershed conditions; management plan; and ‘‘(iii) a proposed implementation schedule; SA 3110. Mr. FRANKEN submitted an ‘‘(B) a statement or analysis described in ‘‘(iv) potential partners and funding amendment intended to be proposed to sources; and subparagraph (A) as part of the development amendment SA 2953 proposed by Ms. of the water source management plan or ‘‘(v) a monitoring and evaluation program; after the finalization of the plan. ‘‘(4) to prioritize restoration activities for MURKOWSKI to the bill S. 2012, to pro- ‘‘(4) ENDANGERED SPECIES ACT.—In carrying each watershed restoration action plan; vide for the modernization of the en- out the Water Source Protection Program, ‘‘(5) to implement each watershed restora- ergy policy of the United States, and the Secretary may use the Manual on Adapt- tion action plan; and for other purposes; which was ordered ive Management of the Department of the ‘‘(6) to monitor the effectiveness of res- to lie on the table; as follows: Interior, including any associated guidance, toration actions and indicators of watershed At the end of subtitle E of title III, add the for purposes of fulfilling any requirements health. following: under the Endangered Species Act of 1973 (16 ‘‘(b) COORDINATION.—Throughout the proc- SEC. 34ll. SEVERE FUEL SUPPLY EMERGENCY U.S.C. 1531 et seq.). ess described in subsection (a), the Secretary RESPONSE. ‘‘(5) FUNDS AND SERVICES.— shall— The Federal Power Act is amended by in- ‘‘(A) IN GENERAL.—In carrying out the ‘‘(1) coordinate with interested non-Fed- serting after section 215 (16 U.S.C. 824o) the Water Source Protection Program, the Sec- eral landowners and with State, tribal, and following:

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.049 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S380 CONGRESSIONAL RECORD — SENATE January 28, 2016 ‘‘SEC. 215A. EMERGENCY RESPONSE TO COAL ties so the eligible entities can identify, retary shall adopt rules and procedures for SUPPLY DEFICIENCIES. evaluate, plan, and design energy storage carrying out the program. ‘‘(a) DEFINITIONS.—In this section: systems; and (B) GRANTS.—Not later than 120 days after ‘‘(1) BOARD.—The term ‘Board’ means the (ii) to make grants to eligible entities so the date of issuance of the rules and proce- Surface Transportation Board. that the eligible entities may contract to ob- dures for the program, the Secretary shall ‘‘(2) BULK-POWER SYSTEM.—The term ‘bulk- tain technical assistance to identify, evalu- issue grants under this subsection. power system’ has the meaning given the ate, plan, and design energy storage systems. (6) REPORTS.—The Secretary shall submit term in section 215. (B) TECHNICAL ASSISTANCE.—The technical to Congress and make available to the pub- ‘‘(3) ELECTRIC RELIABILITY ORGANIZATION.— assistance described in subparagraph (A) lic— The term ‘Electric Reliability Organization’ shall include assistance with 1 or more of the (A) not less frequently than once every 2 has the meaning given the term in section following activities relating to energy stor- years, a report describing the performance of 215. age systems: the program under this subsection; and ‘‘(4) FORM OE-417.—The term ‘Form OE-417’ (i) Identification of opportunities to use (B) on termination of the program under means the form entitled ‘Electric Emergency energy storage systems. this subsection, an assessment of the success Incident and Disturbance Report’ and filed in (ii) Assessment of technical and economic of, and education provided by, the measures accordance with the Federal Energy Admin- characteristics. carried out by eligible entities under the pro- istration Act of 1974 (15 U.S.C. 761 et seq.). (iii) Utility interconnection. gram. ‘‘(5) REGIONAL ENTITY.—The term ‘Regional (iv) Permitting and siting issues. Entity’ means an entity delegated authority (v) Business planning and financial anal- SA 3112. Mr. FRANKEN submitted an by the Electric Reliability Organization to ysis. propose and enforce reliability standards in amendment intended to be proposed to (vi) Engineering design. amendment SA 2953 proposed by Ms. the region of the entity. (C) INFORMATION DISSEMINATION.—The in- ‘‘(6) RELIABILITY COORDINATOR.—The term formation disseminated under subparagraph MURKOWSKI to the bill S. 2012, to pro- ‘Reliability Coordinator’ means an entity (A)(i) shall include— vide for the modernization of the en- recognized by the Electric Reliability Orga- (i) information relating to the topics de- ergy policy of the United States, and nization as responsible for continually as- scribed in subparagraph (B), including case for other purposes; which was ordered sessing transmission reliability and coordi- studies of successful examples; to lie on the table; as follows: nating emergency operations to ensure the (ii) computer software for assessment, de- At the end of subtitle A of title III, add the reliable operation of the bulk-power system. sign, and operation and maintenance of en- following: ‘‘(7) SECRETARY.—The term ‘Secretary’ ergy storage systems; and means the Secretary of Energy. (iii) public databases that track the oper- PART V—WIND ‘‘(8) SEVERE FUEL SUPPLY EMERGENCY.—The ation and deployment of existing and SEC. 30ll. DISTRIBUTED WIND ENERGY SYS- term ‘severe fuel supply emergency’ means a planned energy storage systems. TEMS. coal supply deficiency reported to the De- (2) ELIGIBILITY.—Any nonprofit or for-prof- (a) DEFINITIONS.—In this section: partment of Energy on Form OE-417. it entity shall be eligible to receive technical (1) MEDIUM-SIZED SYSTEM.—The term ‘‘me- ‘‘(b) COORDINATED RESPONSE TO EMER- assistance and grants under the program. dium-sized system’’ means a wind energy GENCIES.— (3) APPLICATIONS.— system that produces— ‘‘(1) IN GENERAL.—The Secretary shall lead (A) IN GENERAL.—An eligible entity desir- (A) greater than 100 kilowatts; and the Federal response to severe fuel supply ing technical assistance or grants under the (B) not greater than 1,000 kilowatts. emergencies. program shall submit to the Secretary an ap- (2) SMALL SYSTEM.—The term ‘‘small sys- ‘‘(2) DUTIES OF THE SECRETARY.—On the fil- plication at such time, in such manner, and tem’’ means a wind energy system that pro- ing of a Form OE-417 that reports a severe containing such information as the Sec- duces not greater than 100 kilowatts. fuel supply emergency, the Secretary shall— retary may require. (b) ESTABLISHMENT.— ‘‘(A) promptly investigate the cir- (B) APPLICATION PROCESS.—The Secretary (1) IN GENERAL.—The Secretary shall estab- cumstances of the severe fuel supply emer- shall seek applications for technical assist- lish within the Wind Program of the Depart- gency; ance and grants under the program— ment an initiative to promote the develop- ‘‘(B) notify the Board and the Federal En- (i) on a competitive basis; and ment of distributed wind energy systems. ergy Regulatory Commission of the exist- (ii) on a periodic basis, but not less fre- (2) REQUIREMENTS.—The initiative estab- ence of the severe fuel supply emergency; quently than once every 12 months. lished under paragraph (1) shall— ‘‘(C) convene a meeting with the Board, the (C) PRIORITIES.—In selecting eligible enti- (A) make grants available for research and Federal Energy Regulatory Commission, ties for technical assistance and grants development on— and, as appropriate, the Electric Reliability under the program, the Secretary shall give (i) small systems; and Organization and affected Regional Entities priority to eligible entities with projects (ii) medium-sized systems; and and Reliability Coordinators; and that have the greatest potential for— (B) provide technical assistance to, and ‘‘(D) submit in writing to the Board and (i) facilitating the use of renewable energy serve as a clearinghouse of information for, the Federal Energy Regulatory Commission, resources; Federal agencies and private sector entities and post publicly on the website of the De- (ii) strengthening the reliability and resil- seeking alternative means to produce en- partment of Energy, recommendations for iency of energy infrastructure to the impact ergy. actions the Board or Federal Energy Regu- of extreme weather events, power grid fail- latory Commission should consider to allevi- (c) AUTHORIZATION OF APPROPRIATIONS.— ures, and interruptions in supply of fossil There are authorized to be appropriated to ate the severe fuel supply emergency and fuels; prevent recurrences of the severe fuel supply the Secretary to carry out this section— (iii) improving the feasibility of microgrids (1) for fiscal year 2017, $15,000,000; emergency. or islanding, particularly in rural areas, in- FFECT ON OTHER LAWS.—Nothing in (2) for fiscal year 2018, $20,000,000; ‘‘(c) E cluding high energy cost rural areas; this section limits any existing authority of (3) for fiscal year 2019, $25,000,000; (iv) minimizing environmental impact, in- any Federal agency.’’. (4) for fiscal year 2020, $30,000,000; and cluding regulated air pollutants and green- (5) for fiscal year 2021, $35,000,000. SA 3111. Mr. FRANKEN submitted an house gas emissions; and amendment intended to be proposed to (v) maximizing local job creation. SA 3113. Mr. FRANKEN submitted an (4) GRANTS.—On application by an eligible amendment intended to be proposed to amendment SA 2953 proposed by Ms. entity, the Secretary may award grants to MURKOWSKI to the bill S. 2012, to pro- the eligible entity to provide funds to cover amendment SA 2953 proposed by Ms. vide for the modernization of the en- not more than— MURKOWSKI to the bill S. 2012, to pro- ergy policy of the United States, and (A) 100 percent of the costs of the initial vide for the modernization of the en- for other purposes; which was ordered assessment to identify energy storage sys- ergy policy of the United States, and to lie on the table; as follows: tem opportunities; for other purposes; which was ordered In section 2301, strike subsection (c) and (B) 75 percent of the cost of feasibility to lie on the table; as follows: insert the following: studies to assess the potential for the imple- At the end of title III, add the following: (c) TECHNICAL ASSISTANCE AND GRANT PRO- mentation of energy storage systems; GRAM.— (C) 60 percent of the cost of guidance on Subtitle I—Distributed Generation (1) ESTABLISHMENT.— overcoming barriers to the implementation SEC. 3801. DEFINITIONS. (A) IN GENERAL.—The Secretary, in con- of energy storage systems, including finan- In this subtitle: sultation with the Assistant Secretary for cial, contracting, siting, and permitting (1) COMBINED HEAT AND POWER SYSTEM.— Electricity Delivery and Energy Reliability, issues; and The term ‘‘combined heat and power sys- shall establish a technical assistance and (D) 45 percent of the cost of detailed engi- tem’’ means generation of electric energy grant program (referred to in this subsection neering of energy storage systems. and heat in a single, integrated system that as the ‘‘program’’)— (5) RULES AND PROCEDURES.— meets the efficiency criteria in clauses (ii) (i) to disseminate information and provide (A) RULES.—Not later than 180 days after and (iii) of section 48(c)(3)(A) of the Internal technical assistance directly to eligible enti- the date of enactment of this Act, the Sec- Revenue Code of 1986, under which heat that

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.050 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S381 is conventionally rejected is recovered and (ii) exhaust heat, hot liquids, or flared gas and conditions as the Secretary determines, used to meet thermal energy requirements. from any industrial process; after consultation with the Secretary of the (2) DEMAND RESPONSE.—The term ‘‘demand (iii) waste gas or industrial tail gas that Treasury, in accordance with this section. response’’ means changes in electric usage would otherwise be flared, incinerated, or (2) SPECIFIC APPROPRIATION.—No loan shall by electric utility customers from the nor- vented; be made unless an appropriation for the full mal consumption patterns of the customers (iv) a pressure drop in any gas, excluding amount of the loan has been specifically pro- in response to— any pressure drop to a condenser that subse- vided for that purpose. (A) changes in the price of electricity over quently vents the resulting heat; (3) REPAYMENT.—No loan shall be made un- time; or (v) condenser water from chilled water or less the Secretary determines that there is (B) incentive payments designed to induce refrigeration plants; or reasonable prospect of repayment of the lower electricity use at times of high whole- (vi) any other form of waste energy, as de- principal and interest by the borrower of the sale market prices or when system reli- termined by the Secretary; and loan. ability is jeopardized. (B)(i) in the case of an existing facility, is (4) INTEREST RATE.—A loan provided under (3) DISTRIBUTED ENERGY.—The term ‘‘dis- not being used; or this section shall bear interest at a fixed tributed energy’’ means energy sources and (ii) in the case of a new facility, is not con- rate that is equal or approximately equal, in systems that— ventionally used in comparable systems. the determination of the Secretary, to the (A) produce electric or thermal energy SEC. 3802. DISTRIBUTED ENERGY LOAN PRO- interest rate for Treasury securities of com- close to the point of use using renewable en- GRAM. parable maturity. ergy resources or waste thermal energy; (a) LOAN PROGRAM.— (5) TERM.—The term of the loan shall re- (B) generate electricity using a combined (1) IN GENERAL.—Subject to the provisions quire full repayment over a period not to ex- heat and power system; of this subsection and subsections (b) and (c), ceed the lesser of— (C) distribute electricity in microgrids; the Secretary shall establish a program to (A) 20 years; or (D) store electric or thermal energy; or provide to eligible entities— (B) 90 percent of the projected useful life of (E) distribute thermal energy or transfer (A) loans for the deployment of distributed the physical asset to be financed by the loan thermal energy to building heating and cool- energy systems in a specific project; and (as determined by the Secretary). ing systems through a district energy sys- (B) loans to provide funding for programs (6) USE OF PAYMENTS.—Payments of prin- tem. to finance the deployment of multiple dis- cipal and interest on the loan shall— (4) DISTRICT ENERGY SYSTEM.—The term tributed energy systems through a revolving (A) be retained by the Secretary to support ‘‘district energy system’’ means a system loan fund, credit enhancement program, or energy research and development activities; that provides thermal energy to buildings other financial assistance program. and and other energy consumers from 1 or more (2) ELIGIBILITY.—Entities eligible to re- (B) remain available until expended, sub- ceive a loan under paragraph (1) include— plants to individual buildings to provide ject to such conditions as are contained in (A) a State, territory, or possession of the space heating, air conditioning, domestic hot annual appropriations Acts. water, industrial process energy, and other United States; (7) NO PENALTY ON EARLY REPAYMENT.—The (B) a State energy office; end uses. Secretary may not assess any penalty for SLANDING.—The term ‘‘islanding’’ (C) a tribal organization (as defined in sec- (5) I early repayment of a loan provided under means a distributed generator or energy tion 4 of the Indian Self-Determination and this section. storage device continuing to power a loca- Education Assistance Act (25 U.S.C. 450b)); (8) RETURN OF UNUSED PORTION.—In order tion in the absence of electric power from (D) an institution of higher education (as to receive a loan under this section, an eligi- the primary source. defined in section 101 of the Higher Edu- ble entity shall agree to return to the gen- (6) LOAN.—The term ‘‘loan’’ has the mean- cation Act of 1965 (20 U.S.C. 1001)); and eral fund of the Treasury any portion of the ing given the term ‘‘direct loan’’ in section (E) an electric utility, including— loan amount that is unused by the eligible 502 of the Federal Credit Reform Act of 1990 (i) a rural electric cooperative; entity within a reasonable period of time (2 U.S.C. 661a). (ii) a municipally-owned electric utility; after the date of the disbursement of the (7) MICROGRID.—The term ‘‘microgrid’’ and means an integrated energy system con- (iii) an investor-owned utility. loan, as determined by the Secretary. (9) COMPARABLE WAGE RATES.—Each laborer sisting of interconnected loads and distrib- (3) SELECTION REQUIREMENTS.—In selecting uted energy resources, including generators eligible entities to receive loans under this and mechanic employed by a contractor or and energy storage devices, within clearly section, the Secretary shall, to the max- subcontractor in performance of construc- defined electrical boundaries that— imum extent practicable, ensure— tion work financed, in whole or in part, by (A) acts as a single controllable entity (A) regional diversity among eligible enti- the loan shall be paid wages at rates not less with respect to the grid; and ties to receive loans under this section, in- than the rates prevailing on similar con- (B) can connect and disconnect from the cluding participation by rural States and struction in the locality as determined by grid to operate in both grid-connected mode small States; and the Secretary of Labor in accordance with and island mode. (B) that specific projects selected for subchapter IV of chapter 31 of title 40, (8) RENEWABLE ENERGY SOURCE.—The term loans— United States Code. ‘‘renewable energy source’’ includes— (i) expand on the existing technology de- (c) RULES AND PROCEDURES; DISBURSEMENT (A) biomass; ployment program of the Department; and OF LOANS.— (B) geothermal energy; (ii) are designed to achieve 1 or more of the (1) RULES AND PROCEDURES.—Not later than (C) hydropower; objectives described in paragraph (4). 180 days after the date of enactment of this (D) landfill gas; (4) OBJECTIVES.—Each deployment selected Act, the Secretary shall adopt rules and pro- (E) municipal solid waste; for a loan under paragraph (1) shall include 1 cedures for carrying out the loan program (F) ocean (including tidal, wave, current, or more of the following objectives: under subsection (a). and thermal) energy; (A) Improved security and resiliency of en- (2) DISBURSEMENT OF LOANS.—Not later (G) organic waste; ergy supply in the event of disruptions than 1 year after the date on which the rules (H) photosynthetic processes; caused by extreme weather events, grid and procedures under paragraph (1) are es- (I) photovoltaic energy; equipment or software failure, or terrorist tablished, the Secretary shall disburse the (J) solar energy; and acts. initial loans provided under this section. (K) wind. (B) Implementation of distributed energy (d) REPORTS.—Not later than 2 years after (9) RENEWABLE THERMAL ENERGY.—The in order to increase use of local renewable the date of receipt of the loan, and annually term ‘‘renewable thermal energy’’ means energy resources and waste thermal energy thereafter for the term of the loan, an eligi- heating or cooling energy derived from a resources. ble entity that receives a loan under this newable energy resource. (C) Enhanced feasibility of microgrids, de- section shall submit to the Secretary a re- (10) THERMAL ENERGY.—The term ‘‘thermal mand response, or islanding. port describing the performance of each pro- energy’’ means— (D) Enhanced management of peak loads gram and activity carried out using the loan, (A) heating energy in the form of hot water for consumers and the grid. including itemized loan performance data. or steam that is used to provide space heat- (E) Enhanced reliability in rural areas, in- (e) AUTHORIZATION OF APPROPRIATIONS.— ing, domestic hot water, or process heat; or cluding high energy cost rural areas. There are authorized to be appropriated to (B) cooling energy in the form of chilled (5) RESTRICTION ON USE OF FUNDS.—Any eli- carry out this section such sums as are nec- water, ice, or other media that is used to gible entity that receives a loan under para- essary. provide air conditioning, or process cooling. graph (1) may only use the loan to fund pro- (11) WASTE THERMAL ENERGY.—The term grams relating to the deployment of distrib- SEC. 3803. TECHNICAL ASSISTANCE AND GRANT ‘‘waste thermal energy’’ means energy uted energy systems. PROGRAM. that— (b) LOAN TERMS AND CONDITIONS.— (a) ESTABLISHMENT.— (A) is contained in— (1) TERMS AND CONDITIONS.—Notwith- (1) IN GENERAL.—The Secretary shall estab- (i) exhaust gases, exhaust steam, condenser standing any other provision of law, in pro- lish a technical assistance and grant pro- water, jacket cooling heat, or lubricating oil viding a loan under this section, the Sec- gram (referred to in this section as the ‘‘pro- in power generation systems; retary shall provide the loan on such terms gram’’)—

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.050 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S382 CONGRESSIONAL RECORD — SENATE January 28, 2016 (A) to disseminate information and provide (1) RULES.—Not later than 180 days after SANDERS) submitted an amendment in- technical assistance directly to eligible enti- the date of enactment of this Act, the Sec- tended to be proposed to amendment ties so the eligible entities can identify, retary shall adopt rules and procedures for SA 2953 proposed by Ms. MURKOWSKI to evaluate, plan, and design distributed energy carrying out the program. the bill S. 2012, to provide for the mod- systems; and (2) GRANTS.—Not later than 120 days after (B) to make grants to eligible entities so the date of issuance of the rules and proce- ernization of the energy policy of the that the eligible entities may contract to ob- dures for the program, the Secretary shall United States, and for other purposes; tain technical assistance to identify, evalu- issue grants under this subtitle. which was ordered to lie on the table; ate, plan, and design distributed energy sys- (f) REPORTS.—The Secretary shall submit as follows: tems. to Congress and make available to the pub- Strike subtitle E of title I and insert the (2) TECHNICAL ASSISTANCE.—The technical lic— following: assistance described in paragraph (1) shall (1) not less frequently than once every 2 Subtitle E—Energy Efficiency Resource include assistance with 1 or more of the fol- years, a report describing the performance of Standard lowing activities relating to distributed en- the program under this section, including a ergy systems: synthesis and analysis of the information SEC. 1401. ENERGY EFFICIENCY RESOURCE (A) Identification of opportunities to use provided in the reports submitted to the Sec- STANDARD FOR RETAIL ELEC- TRICITY AND NATURAL GAS SUP- distributed energy systems. retary under section 3802(d); and PLIERS. (B) Assessment of technical and economic (2) on termination of the program under (a) IN GENERAL.—Title VI of the Public this section, an assessment of the success of, characteristics. Utility Regulatory Policies Act of 1978 (16 and education provided by, the measures car- (C) Utility interconnection. U.S.C. 2601 et seq.) is amended by adding at ried out by eligible entities during the term (D) Permitting and siting issues. the end the following: (E) Business planning and financial anal- of the program. ‘‘SEC. 610. FEDERAL ENERGY EFFICIENCY RE- ysis. (g) AUTHORIZATION OF APPROPRIATIONS.— SOURCE STANDARD FOR RETAIL (F) Engineering design. There is authorized to be appropriated to ELECTRICITY AND NATURAL GAS (3) INFORMATION DISSEMINATION.—The infor- carry out this section $250,000,000 for the pe- SUPPLIERS. mation disseminated under paragraph (1)(A) riod of fiscal years 2017 through 2021, to re- ‘‘(a) DEFINITIONS.—In this section: shall include— main available until expended. ‘‘(1) BASE QUANTITY.— (A) information relating to the topics de- ‘‘(A) IN GENERAL.—The term ‘base quan- scribed in paragraph (2), including case stud- SA 3114. Mr. FRANKEN submitted an tity’, with respect to a retail electricity sup- ies of successful examples; amendment intended to be proposed by plier or retail natural gas supplier, means, (B) computer software and databases for him to the bill S. 2012, to provide for for each calendar year for which a perform- assessment, design, and operation and main- the modernization of the energy policy ance standard is established under sub- tenance of distributed energy systems; and of the United States, and for other pur- section (c), the average annual quantity of (C) public databases that track the oper- poses; which was ordered to lie on the electricity or natural gas delivered by the re- ation and deployment of existing and table; as follows: tail electricity supplier or retail natural gas planned distributed energy systems. supplier to retail customers during the 3 cal- (b) ELIGIBILITY.—Any nonprofit or for-prof- At the end of subtitle A of title I, add the endar years immediately preceding the first it entity shall be eligible to receive technical following: year that compliance is required under sub- assistance and grants under the program. SEC. 1022. GRANTS TO UTILITIES FOR PROGRAMS section (c)(1). TO PROVIDE AGGREGATED WHOLE (c) APPLICATIONS.— ‘‘(B) EXCLUSION.—The term ‘base quantity’, BUILDING ENERGY CONSUMPTION (1) IN GENERAL.—An eligible entity desiring INFORMATION TO MULTITENANT with respect to a retail natural gas supplier, technical assistance or grants under the pro- BUILDING OWNERS. does not include natural gas delivered for gram shall submit to the Secretary an appli- (a) GRANTS TO UTILITIES.—Based on the re- purposes of electricity generation. cation at such time, in such manner, and sults of the research for the portion of the ‘‘(2) CUSTOMER FACILITY SAVINGS.—The containing such information as the Sec- study described in section 301(b)(1)(A)(ii) of term ‘customer facility savings’ means a re- retary may require. the Energy Efficiency Improvement Act of duction in end-use electricity or natural gas (2) APPLICATION PROCESS.—The Secretary 2015 (42 U.S.C. 17063(b)(1)(A)(ii)) , and with consumption (including waste heat energy shall seek applications for technical assist- criteria developed following public notice savings) at a facility of an end-use consumer ance and grants under the program— and comment, the Secretary may make com- of electricity or natural gas served by a re- (A) on a competitive basis; and petitive awards to utilities, utility regu- tail electricity supplier or natural gas sup- (B) on a periodic basis, but not less fre- lators, and utility partners to develop and plier, as compared to— quently than once each year. implement effective and promising programs ‘‘(A) in the case of a new facility, consump- (3) PRIORITIES.—In selecting eligible enti- to provide aggregated whole building energy tion at a reference facility of average effi- ties for technical assistance and grants consumption information to multitenant ciency; under the program, the Secretary shall give building owners. ‘‘(B) in the case of an existing facility, con- priority to eligible entities with projects (b) AUTHORIZATION OF APPROPRIATIONS.— sumption at the facility during a base period that have the greatest potential for— There is authorized to be appropriated to of not less than 1 year; (A) facilitating the use of renewable en- carry out this section $5,000,000 for each of ‘‘(C) in the case of new equipment that re- ergy resources; fiscal years 2017 through 2021, to remain places existing equipment at the end of the (B) strengthening the reliability and resil- available until expended. useful life of the existing equipment, con- iency of energy infrastructure to the impact SEC. 1023. GRANTS TO STATES AND UNITS OF sumption by new equipment of average effi- of extreme weather events, power grid fail- LOCAL GOVERNMENT TO DEVELOP ciency of the same equipment type, except ures, and interruptions in supply of fossil BENCHMARKING AND DISCLOSURE that customer savings under this subpara- fuels; POLICIES FOR COMMERCIAL AND graph shall not be counted towards customer (C) improving the feasibility of microgrids MULTIFAMILY BUILDINGS. savings under subparagraph (A) or (B); and or islanding, particularly in rural areas, in- (a) GRANTS TO STATES AND UNITS OF LOCAL ‘‘(D) in the case of new equipment that re- cluding high energy cost rural areas; GOVERNMENT.—Based on the results of the places existing equipment with remaining (D) minimizing environmental impact, in- research for the portion of the study de- useful life— cluding regulated air pollutants and green- scribed in section 301(b)(1)(A)(ii) of the En- ‘‘(i) consumption of the existing equipment house gas emissions; and ergy Efficiency Improvement Act of 2015 (42 for the remaining useful life of the equip- (E) maximizing local job creation. U.S.C. 17063(b)(1)(A)(ii)), and with criteria de- ment; and (d) GRANTS.—On application by an eligible veloped following public notice and com- ‘‘(ii) thereafter, consumption of new equip- entity, the Secretary may award grants to ment, the Secretary may make competitive ment of average efficiency. the eligible entity to provide funds to cover awards to States and units of local govern- ‘‘(3) ELECTRICITY SAVINGS.—The term ‘elec- not more than— ment to develop and implement effective and tricity savings’ means reductions in elec- (1) 100 percent of the costs of the initial as- promising benchmarking and disclosure poli- tricity consumption achieved through meas- sessment to identify opportunities; cies, and any associated building efficiency ures implemented after the date of enact- (2) 75 percent of the cost of feasibility stud- policies, for commercial and multifamily ment of this section, as determined in ac- ies to assess the potential for the implemen- buildings. cordance with regulations promulgated by tation; (b) AUTHORIZATION OF APPROPRIATIONS.— the Secretary, that are limited to— (3) 60 percent of the cost of guidance on There is authorized to be appropriated to ‘‘(A) customer facility savings of elec- overcoming barriers to implementation, in- carry out this section $5,000,000 for each of tricity, adjusted to reflect any associated including financial, contracting, siting, and fiscal years 2017 through 2021, to remain crease in fuel consumption at the facility; permitting issues; and available until expended. ‘‘(B) reductions in distribution system (4) 45 percent of the cost of detailed engi- losses of electricity achieved by a retail elec- neering. SA 3115. Mr. FRANKEN (for himself, tricity supplier, as compared to losses attrib- (e) RULES AND PROCEDURES.— Mr. HEINRICH, Ms. WARREN, and Mr. utable to new or replacement distribution

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.050 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S383 system equipment of average efficiency, as ditional to business-as-usual customer pur- retary shall promulgate regulations estab- defined in regulations promulgated by the chase practices; lishing performance standards (expressed as Secretary; ‘‘(C) establishing requirements under applicable percentages of base quantity for ‘‘(C) CHP savings; which retail electricity suppliers and retail both cumulative electricity savings and cu- ‘‘(D) codes and standards savings of elec- natural gas suppliers shall— mulative natural gas savings) for each of cal- tricity; and ‘‘(i) demonstrate, document, and report the endar years 2031 through 2040. ‘‘(E) fuel switching energy savings that re- compliance of the retail electricity suppliers ‘‘(B) REQUIREMENTS.—The Secretary shall sults in net savings of source energy. and retail natural gas suppliers with the per- establish standards under this paragraph at ‘‘(4) NATURAL GAS SAVINGS.—The term ‘nat- formance standards under subsection (c); and levels reflecting the maximum achievable ural gas savings’ means reductions in nat- ‘‘(ii) estimate the impact of the standards level of cost-effective energy efficiency po- ural gas consumption from measures imple- on current and future electricity and natural tential, taking into account— mented after the date of enactment of this gas use in the service territories of the sup- ‘‘(i) cost-effective energy savings achieved section, as determined in accordance with pliers; by leading retail electricity suppliers and re- regulations promulgated by the Secretary, ‘‘(D) establishing requirements governing tail natural gas suppliers; that are limited to— applications for, and implementation of, del- ‘‘(ii) opportunities for new codes and stand- ‘‘(A) customer facility savings of natural egated State administration under sub- ard savings; gas, adjusted to reflect any associated in- section (e); and ‘‘(iii) technology improvements; and crease in electricity consumption or con- ‘‘(E) establishing rules to govern transfers ‘‘(iv) other indicators of cost-effective en- sumption of other fuels at the facility; of electricity or natural gas savings between ergy efficiency potential including dif- ‘‘(B) reductions in leakage, operational suppliers and third-party efficiency pro- ferences between States. losses, and consumption of natural gas fuel viders serving the same State and between ‘‘(C) MINIMUM PERCENTAGE.—In no case to operate a gas distribution system, suppliers and third-party efficiency pro- shall the applicable percentages for any cal- achieved by a retail natural gas supplier, as viders serving different States. endar year be less than the applicable per- compared to similar leakage, losses, and con- ‘‘(2) COORDINATION WITH STATE PROGRAMS.— centages for calendar year 2030. sumption during a base period of not less In establishing and implementing this sec- ‘‘(4) DELAY OF SUBMISSION FOR FIRST RE- than 1 year; tion, the Secretary shall, to the maximum PORTING PERIOD.— ‘‘(C) codes and standards savings of natural extent practicable, preserve the integrity ‘‘(A) IN GENERAL.—Notwithstanding para- gas; and and incorporate best practices of existing graphs (1) and (2), for the 2017 reporting pe- ‘‘(D) fuel switching energy savings that re- State energy efficiency programs. riod, the Secretary may accept a request sults in net savings of source energy. ‘‘(c) PERFORMANCE STANDARDS.— from a retail electricity supplier or a retail ‘‘(5) RETAIL ELECTRICITY SUPPLIER.— ‘‘(1) COMPLIANCE OBLIGATION.—Not later natural gas supplier to delay the required ‘‘(A) IN GENERAL.—The term ‘retail elec- than May 1 of the calendar year immediately submission of documentation of all or part of tricity supplier’ means, for any given cal- following each reporting period— the required savings for up to 2 years. endar year, an electric utility that sells not ‘‘(A) each retail electricity supplier shall ‘‘(B) PLAN FOR COMPLIANCE.—The request less than 1,000,000 megawatt hours of electric submit to the Secretary a report, in accord- for delay under subparagraph (A) shall in- energy to electric consumers for purposes ance with regulations promulgated by the clude a plan for coming into full compliance other than resale during the preceding cal- Secretary, demonstrating that the retail by the end of the 2018–2019 reporting period. endar year. electricity supplier has achieved cumulative ‘‘(5) APPLYING UNUSED SAVINGS TO FUTURE ‘‘(B) INCLUSIONS AND LIMITATIONS.—For electricity savings (adjusted to account for YEARS.—If savings achieved in a year exceed purposes of determining whether an electric any attrition of savings measures imple- the performance standards specified in this utility qualifies as a retail electricity sup- mented in prior years) in each calendar year subsection, any savings in excess of the per- plier under subparagraph (A)— that are equal to the applicable percentage formance standards may be applied toward ‘‘(i) deliveries by any affiliate of an elec- of the base quantity of the retail electricity performance standards specified for future tric utility to electric consumers for pur- supplier; and years. ‘‘(d) ENFORCEMENT AND JUDICIAL REVIEW.— poses other than resale shall be considered to ‘‘(B) each retail natural gas supplier shall ‘‘(1) REVIEW OF RETAIL SUPPLIER REPORTS.— be deliveries by the electric utility; and submit to the Secretary a report, in accord- ‘‘(A) IN GENERAL.—The Secretary shall re- ‘‘(ii) deliveries by any electric utility to a ance with regulations promulgated by the view each report submitted to the Secretary lessee, tenant, or affiliate of the electric Secretary, demonstrating that it has by a retail electricity supplier or retail nat- utility shall not be considered to be deliv- achieved cumulative natural gas savings (ad- ural gas supplier under subsection (c) to eries to electric consumers. justed to account for any attrition of savings ‘‘(6) RETAIL NATURAL GAS SUPPLIER.— verify that the applicable performance measures implemented in prior years) in ‘‘(A) IN GENERAL.—The term ‘retail natural standards under subsection (c) have been each calendar year that are equal to the ap- gas supplier’ means, for any given calendar met. plicable percentage of the base quantity of year, a local distribution company (as de- ‘‘(B) EXCLUSION.—In determining compli- such retail natural gas supplier. fined in section 2 of the Natural Gas Policy ance with the applicable performance stand- ‘‘(2) STANDARDS FOR 2017 THROUGH 2030.—For Act of 1978 (15 U.S.C. 3301)), that delivered to ards under subsection (c), the Secretary shall each of calendar years 2017 through 2030, the natural gas consumers more than exclude reported electricity savings or nat- applicable percentages are as follows: 5,000,000,000 cubic feet of natural gas for pur- ural gas savings that are not adequately poses other than resale during the preceding demonstrated and documented, in accord- Cumulative Electricity Cumulative Natural Gas calendar year. ‘‘Calendar Year Savings Percentage Savings Percentage ance with the regulations promulgated under ‘‘(B) INCLUSIONS AND LIMITATIONS.—For subsections (b) and (c). purposes of determining whether a person 2017 1.00 0.50 ‘‘(2) PENALTY FOR FAILURE TO DOCUMENT qualifies as a retail natural gas supplier ADEQUATE SAVINGS.—If a retail electricity under subparagraph (A)— 2018 2.00 1.25 supplier or a retail natural gas supplier fails ‘‘(i) deliveries of natural gas by any affil- 2019 3.00 2.00 to demonstrate compliance with an applica- iate of a local distribution company to con- ble performance standard under subsection sumers for purposes other than resale shall 2020 4.25 3.00 (c), or to pay to the State an applicable al- be considered to be deliveries by the local ternative compliance payment under sub- distribution company; and 2021 5.50 4.00 section (e)(3), the Secretary shall assess against the retail electricity supplier or re- ‘‘(ii) deliveries of natural gas to a lessee, 2022 7.00 5.00 tenant, or affiliate of a local distribution tail natural gas supplier a civil penalty for company shall not be considered to be deliv- 2023 8.50 6.00 each failure in an amount equal to, as ad- eries to natural gas consumers. justed for inflation in accordance with such ‘‘(b) ESTABLISHMENT OF PROGRAM.— 2024 10.00 7.00 regulations as the Secretary may promul- ‘‘(1) REGULATIONS.—Not later than 1 year gate— 2025 11.50 8.00 after the date of enactment of this section, ‘‘(A) $100 per megawatt hour of electricity the Secretary shall, by regulation, establish 2026 13.00 9.00 savings or alternative compliance payment a program to implement and enforce the re- that the retail electricity supplier failed to quirements of this section, including by— 2027 14.75 10.00 achieve or make, respectively; or ‘‘(A) defining the terms ‘CHP savings’, ‘‘(B) $10 per million Btu of natural gas sav- ‘code and standards savings’, ‘combined heat 2028 16.50 11.00 ings or alternative compliance payment that and power system’, ‘cost-effective’, ‘fuel 2029 18.25 12.00 the retail natural gas supplier failed to switching energy savings’, ‘reporting period’, achieve or make, respectively. ‘third-party efficiency provider’, and ‘waste 2030 20.00 13.00. ‘‘(3) OFFSETTING STATE PENALTIES.—The heat energy savings’; Secretary shall reduce the amount of any ‘‘(B) establishing measurement and ‘‘(3) SUBSEQUENT YEARS.— penalty under paragraph (2) by the amount verification procedures and standards that ‘‘(A) CALENDAR YEARS 2031 THROUGH 2040.— paid by the relevant retail electricity sup- count only measures and savings that are ad- Not later than December 31, 2028, the Sec- plier or retail natural gas supplier to a State

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.048 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S384 CONGRESSIONAL RECORD — SENATE January 28, 2016 for failure to comply with the requirements ‘‘(ii) SUBSTANTIAL DEFICIENCIES.—If the de- for other purposes; which was ordered of a State energy efficiency resource stand- ficiencies are substantial, the Secretary to lie on the table; as follows: ard during the same compliance period. shall— At the appropriate place, insert the fol- ‘‘(4) ENFORCEMENT PROCEDURES.—The Sec- ‘‘(I) disallow the reported electricity sav- lowing: retary shall assess a civil penalty, as pro- ings or natural gas savings that the Sec- SEC. lll. ENERGY CREDIT FOR QUALIFIED vided under paragraph (2), in accordance retary determines are not credible due to de- OFFSHORE WIND FACILITIES. with the procedures described in section ficiencies; (a) IN GENERAL.—Section 48 of the Internal 333(d) of the Energy Policy and Conservation ‘‘(II) re-review the State not later than 2 Revenue Code is amended— Act of 1954 (42 U.S.C. 6303). years after the date on which the original re- (1) in subsection (a)— ‘‘(e) STATE ADMINISTRATION.— view was completed; and (A) in paragraph (2)(A)(i)— ‘‘(1) IN GENERAL.—Upon receipt of an appli- ‘‘(III) if substantial deficiencies remain un- (i) in subclause (III), by striking ‘‘and’’ at cation from the Governor of a State (includ- corrected after the review provided for under the end, and ing the Mayor of the District of Columbia), subclause (II), revoke the authority of the (ii) by adding at the end the following new the Secretary may delegate to the State re- State to administer the program established subclause: sponsibility for administering this section under this section. ‘‘(V) qualified offshore wind property, within the territory of the State if the Sec- ‘‘(f) INFORMATION AND REPORTS.—In accord- and’’, and retary determines that the State will imple- ance with section 13 of the Federal Energy (B) in paragraph (3)(A)— ment an energy efficiency program that Administration Act of 1974 (15 U.S.C. 772), (i) in clause (vi), by striking ‘‘or’’ at the meets or exceeds the requirements of this the Secretary may require any retail elec- end, section. tricity supplier, retail natural gas supplier, (ii) in clause (vii), by adding ‘‘or’’ at the ‘‘(2) SECRETARIAL DETERMINATION.—Not third-party efficiency provider, or any other end, and later than 180 days after the date on which a entity that the Secretary determines appro- (iii) by adding at the end the following new complete application is received by the Sec- priate, to provide any information the Sec- clause: retary, the Secretary shall make a sub- retary determines appropriate to carry out ‘‘(viii) qualified offshore wind property, stantive determination approving or dis- this section. but only with respect to periods ending be- ‘‘(g) STATE LAW.—Nothing in this section approving a State application, after public fore January 1, 2026,’’. diminishes or qualifies any authority of a notice and comment. (2) in subsection (c), by adding at the end State or political subdivision of a State to ‘‘(3) ALTERNATIVE COMPLIANCE PAYMENTS.— the following new paragraph: adopt or enforce any law or regulation re- ‘‘(A) IN GENERAL.—As part of an applica- ‘‘(5) QUALIFIED OFFSHORE WIND PROPERTY.— specting electricity savings or natural gas tion submitted under paragraph (1), a State ‘‘(A) IN GENERAL.—The term ‘qualified off- may permit retail electricity suppliers or re- savings, including any law or regulation es- shore wind property’ means an offshore facil- tail natural gas suppliers to pay to the tablishing energy efficiency requirements ity using wind to produce electricity. that are more stringent than those under State, by not later than May 1 of the cal- ‘‘(B) OFFSHORE FACILITY.—The term ‘off- endar year immediately following the appli- this section, except that no State law or reg- shore facility’ means any facility located in cable reporting period, an alternative com- ulation shall relieve any person of any re- the inland navigable waters of the United pliance payment in an amount equal to, as quirement otherwise applicable under this States, including the Great Lakes, or in the adjusted for inflation in accordance with section.’’. coastal waters of the United States, includ- (b) CONFORMING AMENDMENT.—The table of such regulations as the Secretary may pro- ing the territorial seas of the United States, contents of the Public Utility Regulatory mulgate, not less than— the exclusive economic zone of United Policies Act of 1978 (16 U.S.C. prec. 2601) is ‘‘(i) $50 per megawatt hour of electricity States, and the outer Continental Shelf of amended by adding at the end of the items savings needed to make up any deficit with the United States. relating to title VI the following: regard to a compliance obligation under the ‘‘(C) EXCEPTION FOR QUALIFIED SMALL WIND applicable performance standard; or ‘‘Sec. 609. Rural and remote communities ENERGY PROPERTY.—The term ‘qualified off- ‘‘(ii) $5 per million Btu of natural gas sav- electrification grants. shore wind property’ shall not include any ings needed to make up any deficit with re- ‘‘Sec. 610. Federal energy efficiency resource property described in paragraph (4).’’. gard to a compliance obligation under the standard for retail electricity (b) EFFECTIVE DATE.—The amendments applicable performance standard. and natural gas suppliers.’’. made by this section shall take effect on the ‘‘(B) USE OF PAYMENTS.—Alternative com- Subtitle F—Short Title date of the enactment of this Act. pliance payments collected by a State under SEC. 1501. SHORT TITLE. subparagraph (A) shall be used by the State This title may be cited as the ‘‘Portman- SA 3118. Mr. HATCH submitted an to administer the delegated authority of the Shaheen Energy Efficiency Improvement Act amendment intended to be proposed to State under this section and to implement of 2016’’. amendment SA 2953 proposed by Ms. cost-effective energy efficiency programs MURKOWSKI to the bill S. 2012, to pro- that— SA 3116. Mrs. FEINSTEIN submitted vide for the modernization of the en- ‘‘(i) to the maximum extent practicable, an amendment intended to be proposed ergy policy of the United States, and achieve electricity savings and natural gas savings in the State sufficient to make up to amendment SA 2953 proposed by Ms. for other purposes; which was ordered the deficit associated with the alternative MURKOWSKI to the bill S. 2012, to pro- to lie on the table; as follows: compliance payments; and vide for the modernization of the en- At the end of subtitle B of title III, add the ‘‘(ii) can be measured and verified in ac- ergy policy of the United States, and following: cordance with the applicable procedures and for other purposes; which was ordered SEC. 31lll. STRATEGIC UNCONVENTIONAL standards under subsection (b)(1)(B). to lie on the table; as follows: FUELS. (a) REQUIREMENT.—As soon as practicable ‘‘(4) REVIEW OF STATE IMPLEMENTATION.— Beginning on page 314, strike 24 and all after the date of enactment of this Act, the ‘‘(A) PERIODIC REVIEW.—Every 2 years, the that follows through page 315, line 1 and in- Secretary of the Interior shall fully imple- Secretary shall review State implementation sert the following: ment section 369(e) of the Energy Policy Act of this section for conformance with the re- (8) develops plans to support and retrain of 2005 (42 U.S.C. 15927(e)). quirements of this section in approximately displaced and unemployed energy sector 1 (b) EXTENSION.—Section 369(c) of the En- ⁄2 of the States that have received approval workers; under this subsection to administer the pro- ergy Policy Act of 2005 (42 U.S.C. 15927(c)) is (9) provides opportunities for the existing amended— gram, so that each State shall be reviewed at workforce to receive adequate training need- least every 4 years. (1) by striking ‘‘In accordance’’ and inserted to operate and manage the evolving ening the following: ‘‘(B) REPORT.—To facilitate the review ergy infrastructure of the United States; and under subparagraph (A), the Secretary may ‘‘(1) IN GENERAL.—In accordance’’; and (10) makes a Department priority to pro- (2) by adding at the end the following: require the State to submit a report dem- vide ‘‘(2) EXTENSION.—At the request of a holder onstrating the conformance of the State On page 321, line 4, insert ‘‘, or continue to of a lease issued under paragraph (1), the with the requirements of this section. work,’’ after ‘‘plan to work’’. Secretary shall extend, for a period of 10 ‘‘(C) DEFICIENCIES.— On page 322, line 8, insert ‘‘, or consortia of years, the term of the lease, unless the Sec- ‘‘(i) IN GENERAL.—In completing a review local governmental agencies,’’ afer ‘‘regional retary demonstrates that the lease holder re- under this paragraph, if the Secretary finds consortia’’. deficiencies, the Secretary shall— questing the extension has committed a sub- ‘‘(I) notify the State of the deficiencies; Mr. MARKEY submitted an stantial violation of the terms of the ap- SA 3117. proved plan of development of the lease hold- ‘‘(II) direct the State to correct the defi- amendment intended to be proposed to ciencies; and er.’’. ‘‘(III) require the State to report to the amendment SA 2953 proposed by Ms. Secretary on progress made by not later MURKOWSKI to the bill S. 2012, to pro- SA 3119. Mr. DAINES submitted an than 180 days after the date on which the vide for the modernization of the en- amendment intended to be proposed to State receives notice under subclause (I). ergy policy of the United States, and amendment SA 2953 proposed by Ms.

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.048 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S385 MURKOWSKI to the bill S. 2012, to pro- ‘‘(21) DISTRIBUTED ENERGY RESOURCES.— successful transfer of technologies licensed vide for the modernization of the en- ‘‘(A) DEFINITION OF DISTRIBUTED ENERGY RE- from National Laboratories to small busi- ergy policy of the United States, and SOURCE.—In this paragraph, the term ‘dis- ness concerns by providing a link between an for other purposes; which was ordered tributed energy resource’ means an electric innovative process or technology and a prac- energy supply resource, technology, or serv- tical application with potential to be suc- to lie on the table; as follows: ice that— cessful in commercial markets. On page 316, line 15, strike ‘‘and’’ and in- ‘‘(i) is interconnected to the distribution (2) APPLICATION FOR GRANT FROM THE SEC- sert ‘‘cybersecurity, and’’. system of an electric utility; and RETARY.— ‘‘(ii) supplies electric energy to the dis- (A) IN GENERAL.—Each National Labora- SA 3120. Mr. KING (for himself and tribution system by generating or storing tory that elects to apply for a grant under Mr. REID) submitted an amendment in- energy. paragraph (1) shall submit an application to tended to be proposed to amendment ‘‘(B) REQUIREMENT.—If a State regulatory the Secretary at such time, in such manner, SA 2953 proposed by Ms. MURKOWSKI to authority considers, through a rate pro- and containing such information as the Sec- the bill S. 2012, to provide for the mod- ceeding or another mechanism (such as con- retary may reasonably require. ernization of the energy policy of the sideration of fixed or minimum charges or (B) CONTENTS.—In an application submitted under this paragraph, a National Lab- United States, and for other purposes; any other mechanism described in subparagraph (C)), modifying the treatment of fu- oratory shall describe how the National Lab- which was ordered to lie on the table; ture net energy metering customers, the oratory will— as follows: State regulatory authority shall take into (i) manage a technology maturation pro- At the end of title III, add the following: account the considerations in subparagraph gram; Subtitle I—Residential Renewable Energy (C). (ii) encourage small business concerns, Generation ‘‘(C) CONSIDERATIONS.—The considerations with an emphasis on businesses in the region referred to in subparagraph (B) include— in which the National Laboratory is located, SEC. 3801. EXISTING ON-SITE GENERATING CUS- to participate in the technology maturation TOMERS. ‘‘(i) pricing for energy— program; (a) IN GENERAL.—Section 111(d) of the Pub- ‘‘(I) sold to an electric utility; or (iii) select small business concerns and lic Utility Regulatory Policies Act of 1978 (16 ‘‘(II) purchased from an electric utility; technologies to participate in the technology U.S.C. 2621(d)) is amended by adding at the ‘‘(ii) capacity; maturation program using a selection board end the following: ‘‘(iii) the provision of ancillary services; (referred to in this subsection as the ‘‘selec- ‘‘(20) CONSUMER PROTECTIONS FOR ON-SITE ‘‘(iv) the societal value of distributed en- tion board’’) made up of technical and busi- GENERATING FACILITIES.— ergy resources; ‘‘(v) transmission and distribution losses; ness members, including venture capitalists ‘‘(A) STANDARD.—Once an electric con- and investors; and sumer has been offered and has accepted net and ‘‘(vi) any other benefits that the State reg- (iv) measure the results of the program and metering service as described in paragraph the return on investment, including— (11) from an electric utility, the State regu- ulatory authority considers to be appropriate.’’. (I) the number of technologies licensed to latory authority with ratemaking authority small business concerns; (b) COMPLIANCE.—Section 112(b) of the Pub- over the electric utility and the electric util- (II) the number of new small business con- ity may not change the rate classification of lic Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) (as amended by section cerns created; the consumer unless the State regulatory (III) the number of jobs created or re- 3801(b)) is amended by adding at the end the authority or electric utility, as applicable, tained; following: demonstrates, in an evidentiary hearing in a (IV) sales of the licensed technologies; and ‘‘(8) Before considering, through a rate pro- general rate case, that the current and fu- (V) any additional external investment at- ceeding or other mechanism, modifying the ture net benefits of the net metered system tracted by participating small business con- treatment of any future net metering cus- to the distribution, transmission, and gen- cerns. tomer, a State regulatory authority (with eration systems of the electric utility are (3) MAXIMUM GRANT.—The maximum respect to each electric utility for which the less than the full retail rate. amount of a grant received by a National authority has ratemaking authority) or a ‘‘(B) RESTRICTION.—A State regulatory au- Laboratory under paragraph (1) shall be thority or electric utility may not impose a nonregulated electric utility shall, with re- $5,000,000 for each fiscal year. spect to the standard established by para- new or higher rate (such as a new fee or de- (4) VOUCHERS TO SMALL BUSINESS CONCERNS graph (21) of section 111(d)— mand charge) on an existing electric con- FROM NATIONAL LABORATORIES.— ‘‘(A) conduct a hearing and complete the sumer taking net metering service as de- (A) IN GENERAL.—A National Laboratory scribed in paragraph (11) from an electric consideration required under that paragraph; receiving a grant under paragraph (1) shall utility unless the new or higher rate is also and use the grant funds to provide vouchers to charged to all electric consumers in the ‘‘(B) make the determination referred to in small business concerns that hold a tech- same rate class of the electric utility. section 111 with respect to the standard es- nology license from a National Laboratory ‘‘(C) EFFECT.—Nothing in this paragraph tablished by paragraph (21) of section to pay the cost of providing assistance from prevents an electric utility from charging 111(d).’’. scientists and engineers at the National Lab- rates to each rate class designed to recover oratory to assist in the development of the all reasonable costs to the electric utility of SA 3121. Mr. HEINRICH (for himself licensed technology and further develop re- providing service to the electric consumers and Mr. BENNET) submitted an amend- lated products and services until the prod- in that class.’’. ment intended to be proposed to ucts and services are market-ready or suffi- (b) COMPLIANCE.—Section 112(b) of the Pub- amendment SA 2953 proposed by Ms. ciently developed to attract private invest- lic Utility Regulatory Policies Act of 1978 (16 MURKOWSKI to the bill S. 2012, to pro- ment. U.S.C. 2622(b)) is amended by adding at the vide for the modernization of the en- (B) USE OF VOUCHER FUNDS.—A small busi- end the following: ergy policy of the United States, and ness concern receiving a voucher under sub- ‘‘(7) Before changing the rate classification paragraph (A) may use the voucher— of, or imposing a new or higher rate on, an for other purposes; which was ordered (i) to gain access to special equipment or existing electric consumer taking net meter- to lie on the table; as follows: facilities at the National Laboratory that ing service as described in section 111(d)(11), At the end of subtitle C of title IV, add the awarded the voucher; a State regulatory authority (with respect to following: (ii) to partner with the National Labora- each electric utility for which the authority SEC. 4205. TECHNOLOGY MATURATION GRANT tory on a commercial prototype; and has ratemaking authority) or a nonregulated PROGRAM. (iii) to perform early-stage feasibility or electric utility shall, with respect to the (a) DEFINITIONS.—In this section: later-stage field testing. standard established by paragraph (20) of sec- (1) NATIONAL LABORATORY.—The term ‘‘Na- (C) ELIGIBLE PROJECTS.—A National Lab- tion 111(d)— tional Laboratory’’ has the meaning given oratory receiving a grant under paragraph ‘‘(A) conduct a hearing and complete the the term in section 2 of the Energy Policy (1) may provide a voucher to small business consideration required under that paragraph; Act of 2005 (42 U.S.C. 15801). concerns and partnerships between a small and (2) SMALL BUSINESS CONCERN.—The term business concern and an institution of higher ‘‘(B) make the determination referred to in ‘‘small business concern’’ has the meaning education (as defined in section 101(a) of the section 111 with respect to the standard es- given the term in section 3 of the Small Higher Education Act of 1965 (20 U.S.C. tablished by paragraph (20) of section Business Act (15 U.S.C. 632). 1001(a))) for projects— 111(d).’’. (b) ESTABLISHMENT OF TECHNOLOGY MATU- (i) involving— SEC. 3802. DISTRIBUTED ENERGY RESOURCES. RATION GRANT PROGRAM.— (I) commercial prototypes; (a) IN GENERAL.—Section 111(d) of the Pub- (1) IN GENERAL.—The Secretary shall estab- (II) scale-up and field demonstrations; or lic Utility Regulatory Policies Act of 1978 (16 lish the National Laboratory technology (III) other activities that move the tech- U.S.C. 2621(d)) (as amended by section maturation program under which the Sec- nology closer to successful commercializa- 3801(a)) is amended by adding at the end the retary shall make grants to National Lab- tion; and following: oratories for the purpose of increasing the (ii) that do not exceed 1 year.

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.051 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S386 CONGRESSIONAL RECORD — SENATE January 28, 2016 (D) APPLICATION FOR VOUCHER FROM NA- amendment SA 2953 proposed by Ms. case of the standard established by para- TIONAL LABORATORY.—Each small business MURKOWSKI to the bill S. 2012, to pro- graph (15) of section 111(d), the reference con- concern that holds a technology license from vide for the modernization of the en- tained in this subsection to the date of en- a National Laboratory that elects to apply ergy policy of the United States, and actment of this Act shall be deemed to be a for a voucher under subparagraph (A) shall reference to the date of enactment of that submit an application to the selection board for other purposes; which was ordered paragraph (15). In the case of the standards at such time, in such manner, and con- to lie on the table; as follows: established by paragraphs (16)’’; and taining such information as the selection At the end of subtitle A of title III, add the (ii) by adding at the end the following: ‘‘In board may reasonably require. following: the case of the standard established by para- (E) CRITERIA.—The selection board may PART V—COMMUNITY SOLAR graph (20) of section 111(d), the reference con- award vouchers based on— tained in this subsection to the date of en- (i) the viability of the technology for com- SEC. 3021. PROVISION OF INTERCONNECTION actment of this Act shall be deemed to be a mercial success; SERVICE AND NET BILLING SERVICE FOR COMMUNITY SOLAR FACILI- reference to the date of enactment of that (ii) a robust commercialization business TIES. paragraph (20).’’. plan for transition of the technology into a (a) IN GENERAL.—Section 111(d) of the Pub- (B) TECHNICAL CORRECTION.— marketplace success; lic Utility Regulatory Policies Act of 1978 (16 (i) IN GENERAL.—Section 1254(b) of the En- (iii) a significant opportunity for growth of U.S.C. 2621(d)) is amended by adding at the ergy Policy Act of 2005 (Public Law 109–58; an existing company; end the following: 119 Stat. 971) is amended by striking para- (iv) access to a strong, experienced busi- ‘‘(20) COMMUNITY SOLAR FACILITIES.— graph (2). ness and technical team; ‘‘(A) DEFINITIONS.—In this paragraph: (ii) TREATMENT.—The amendment made by (v) clear, market-driven milestones for the ‘‘(i) COMMUNITY SOLAR FACILITY.—The term paragraph (2) of section 1254(b) of the Energy project; ‘community solar facility’ means a solar Policy Act of 2005 (Public Law 109–58; 119 (vi) the potential of the technology to en- photovoltaic system that— Stat. 971) (as in effect on the day before the hance the economy of the region in which ‘‘(I) allocates electricity to multiple indi- date of enactment of this Act) is void, and the National Laboratory is located; vidual electric consumers of an electric util- section 112(d) of the Public Utility Regu- (vii) availability and source of matching ity; latory Policies Act of 1978 (16 U.S.C. 2622(d)) funds for the project, including in-kind con- ‘‘(II) has a nameplate rating of 2 shall be in effect as if those amendments had tributions; and megawatts or less; and not been enacted. (viii) compatibility with the mission of the ‘‘(III) is— (3) PRIOR STATE ACTIONS.— National Laboratory. ‘‘(aa) owned by the electric utility, jointly (A) IN GENERAL.—Section 112 of the Public (F) MAXIMUM VOUCHER.—The maximum owned, or third-party-owned; Utility Regulatory Policies Act of 1978 (16 amount of a voucher received by a small ‘‘(bb) connected to a local distribution fa- U.S.C. 2622) is amended by adding at the end business concern under subparagraph (A) cility of the electric utility; and the following: shall be $250,000. ‘‘(cc) located on or off the property of a ‘‘(g) PRIOR STATE ACTIONS.—Subsections (G) PROGRESS TRACKING.— consumer of the electricity. (b) and (c) shall not apply to the standard es- (i) IN GENERAL.—The National Laboratory tablished by paragraph (20) of section 111(d) ‘‘(ii) INTERCONNECTION SERVICE.—The term that awards a voucher to carry out a project ‘interconnection service’ means a service in the case of any electric utility in a State under subparagraph (A) shall establish a pro- provided by an electric utility to an electric if, before the date of enactment of this sub- cedure to monitor interim progress of the consumer, in accordance with the standards section— project toward commercialization mile- described in paragraph (15), through which a ‘‘(1) the State has implemented for the stones. community solar facility is connected to an electric utility the standard (or a com- (ii) TERMINATION OF VOUCHER.—If the Na- applicable local distribution facility. parable standard); tional Laboratory determines that a project ‘‘(2) the State regulatory authority for the ‘‘(iii) NET BILLING SERVICE.—The term ‘net is not making adequate progress toward billing service’ means a service provided by State or the relevant nonregulated electric commercialization milestones under the pro- an electric utility to an electric consumer utility has conducted a proceeding to con- cedure established pursuant to clause (i), the through which electric energy generated for sider implementation of the standard (or a project shall not continue to receive funding that electric consumer from a community comparable standard) for the electric utility; or assistance under this paragraph. solar facility may be used to offset electric or (c) ANNUAL REPORT.— energy provided by the electric utility to the ‘‘(3) the State legislature has voted on the (1) IN GENERAL.—Each National Laboratory implementation of the standard (or a com- receiving a grant under subsection (b) shall electric consumer during the applicable billing period. parable standard) for the electric utility.’’. submit to the Secretary an annual report, at (B) CROSS-REFERENCE.—Section 124 of the ‘‘(B) REQUIREMENT.—On receipt of a re- such time and in such manner as the Sec- Public Utility Regulatory Policy Act of 1978 retary may reasonably require. quest of an electric consumer served by the electric utility, each electric utility shall (16 U.S.C. 2634) is amended by adding at the (2) CONTENTS OF REPORT.—The report sub- make available to the electric consumer end the following: ‘‘In the case of the stand- mitted under paragraph (1) shall— ard established by paragraph (20) of section (A) include a list of each recipient of a interconnection service and net billing service for a community solar facility.’’. 111(d), the reference contained in this sub- voucher and the amount of each voucher section to the date of enactment of this Act (b) COMPLIANCE.— awarded; and shall be deemed to be a reference to the date (1) TIME LIMITATIONS.—Section 112(b) of the (B) provide an estimate of the return on in- of enactment of that paragraph (20).’’. vestment, including— Public Utility Regulatory Policies Act of (i) the increase in the number of tech- 1978 (16 U.S.C. 2622(b)) is amended by adding SA 3123. Mr. HEINRICH (for himself, at the end the following: nologies licensed to small business concerns; Mr. WHITEHOUSE, Mr. UDALL, Ms. WAR- (ii) the number of jobs created or retained; ‘‘(7)(A) Not later than 1 year after the date of enactment of this paragraph, each State REN, Mr. FRANKEN, and Mr. KING) sub- (iii) sales of the licensed technologies; and mitted an amendment intended to be (iv) any additional external investment at- regulatory authority (with respect to each tracted by participating small business con- electric utility for which the State has rate- proposed to amendment SA 2953 pro- cerns. making authority) and each nonregulated posed by Ms. MURKOWSKI to the bill S. (d) FINAL REPORT.—Not later than 5 years utility shall commence consideration under 2012, to provide for the modernization after the date of enactment of this Act, the section 111, or set a hearing date for consid- of the energy policy of the United Secretary shall submit to the Committees on eration, with respect to the standard estab- States, and for other purposes; which Armed Services and Energy and Natural Re- lished by paragraph (20) of section 111(d). ‘‘(B) Not later than 2 years after the date was ordered to lie on the table; as fol- sources of the Senate and the Committees on lows: Armed Services and Science, Space, and of enactment of this paragraph, each State Technology of the House of Representatives regulatory authority (with respect to each At the end of subtitle A of title III, add the a report on the results of the program estab- electric utility for which the State has rate- following: lished under subsection (b), including— making authority), and each nonregulated PART V—ENERGY STORAGE (1) the return on investment; and electric utility shall complete the consider- SEC. 3021. ENERGY STORAGE PORTFOLIO STAND- (2) any recommendations for improve- ation and make the determination under sec- ARD. ments to the program. tion 111 with respect to the standard estab- (a) IN GENERAL.—Title VI of the Public (e) AUTHORIZATION OF APPROPRIATIONS.— lished by paragraph (20) of section 111(d).’’. Utility Regulatory Policies Act of 1978 (16 There is authorized to be appropriated to (2) FAILURE TO COMPLY.— U.S.C. 2601 et seq.) is amended by adding at carry out this section $25,000,000 for each of (A) IN GENERAL.—Section 112(c) of the Pub- the end the following: fiscal years 2016 through 2020. lic Utility Regulatory Policies Act of 1978 (16 ‘‘SEC. 610. ENERGY STORAGE PORTFOLIO STAND- U.S.C. 2622(c)) is amended— ARD. SA 3122. Mr. HEINRICH (for himself (i) by striking ‘‘such paragraph (14)’’ and ‘‘(a) DEFINITIONS.—In this section: and Mr. BOOKER) submitted an amend- all that follows through ‘‘paragraphs (16)’’ ‘‘(1) ENERGY STORAGE DEVICE.—The term ment intended to be proposed to and inserting ‘‘such paragraph (14). In the ‘energy storage device’ includes a device

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.051 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S387 used to store energy using pumped hydro- the energy storage portfolio standards estab- ‘‘(9) competing land use priorities, includ- power, compressed air, batteries or other lished by subsection (b). ing land protected under Federal or State electrochemical forms (including hydrogen ‘‘(e) DEADLINE FOR COMPLIANCE.— law; for fuel cells), thermal forms (including hot ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(10) the requirements of section 217(b)(4); water and ice), flywheels, capacitors, super- the chief executive officer of each retail elec- and conducting magnets, and other energy stor- tric supplier shall certify to the Secretary ‘‘(11) the contribution of demand side manage devices, to be available for use when the compliance with the energy storage portfolio agement (including energy efficiency and de- energy is needed. standards established by subsection (b) by mand response), energy storage, distributed ‘‘(2) RETAIL ELECTRIC SUPPLIER.— the applicable dates specified in that sub- generation resources, and smart grid invest- ‘‘(A) IN GENERAL.—The term ‘retail electric section. ments. supplier’ means a person that— ‘‘(2) WAIVERS.— ‘‘(b) DEFINITIONS.—In this section: ‘‘(i) sells electric energy to electric con- ‘‘(A) IN GENERAL.—Notwithstanding any ‘‘(1) HIGH-PRIORITY REGIONAL TRANSMISSION sumers; and other provision of this section, the Secretary PROJECT.—The term ‘high-priority regional ‘‘(ii) sold not less than 500,000 megawatt may provide to a retail electric supplier a transmission project’ means an overhead, hours of electric energy to electric con- waiver of an applicable deadline under sub- submarine, or underground transmission fa- sumers for purposes other than resale during section (b) for a period of 1 calendar year, if cility, including conductors or cables, tow- the preceding calendar year. the Secretary determines that achieving ers, manhole duct systems, reactors, capaci- ‘‘(B) INCLUSION.—The term ‘retail electric compliance by the applicable deadline would tors, circuit breakers, static VAR compensa- supplier’ includes a person that sells electric present undue hardship to— tors, static synchronous compensators, energy to electric consumers that, in com- ‘‘(i) the retail electric supplier; or power converters, transformers, synchronous bination with the sales of any affiliate orga- ‘‘(ii) ratepayers of the retail electric sup- condensers, braking resistors, and any ancil- nized after the date of enactment of this sec- plier. lary facilities and equipment necessary for tion, sells not less than 500,000 megawatt ‘‘(B) ADDITIONAL WAIVERS.—The Secretary the proper operation of the facility, that is hours of electric energy to consumers for may provide to a retail electric supplier such selected in a regional transmission plan for purposes other than resale. additional 1-year waivers under subpara- the purposes of cost allocation under Order ‘‘(C) EXCLUSIONS.—The term ‘retail electric graph (A) as the Secretary determines to be Number 1000 of the Commission (or any suc- supplier’ does not include— appropriate on making a subsequent deter- cessor order), including an interregional ‘‘(i) the United States, a State, any polit- mination under that subparagraph.’’. project selected under that plan. ical subdivision of a State, or any agency, (b) TABLE OF CONTENTS AMENDMENT.—The ‘‘(2) INDIAN LAND.—The term ‘Indian land’ authority, or instrumentality of the United table of contents of the Public Utility Regu- means land— States, a State, an Indian tribe, or a polit- latory Policies Act of 1978 (16 U.S.C. prec. ‘‘(A) the title to which is held by the ical subdivision; or 2601) is amended by adding at the end of the United States in trust for an Indian tribe or ‘‘(ii) a rural electric cooperative. items relating to title VI the following: individual Indian; or ‘‘(D) SALES TO PARENT COMPANIES OR AF- ‘‘Sec. 609. Rural and remote communities ‘‘(B) that is held by an Indian tribe or indi- FILIATES.—For purposes of this paragraph, electrification grants. vidual Indian subject to a restriction by the sales by any person to a parent company or ‘‘Sec. 610. Energy storage portfolio stand- United States against alienation or encum- to other affiliates of the person shall not be ard.’’. brance. treated as sales to electric consumers. ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ ‘‘(b) REQUIREMENTS.— SA 3124. Mr. HEINRICH submitted an means any Indian tribe, band, nation, or ‘‘(1) PRIMARY STANDARDS.—Subject to para- amendment intended to be proposed to other organized group or community, includ- graph (2) and except as provided in sub- amendment SA 2953 proposed by Ms. ing any Alaska Native village or regional or village corporation (as defined in or estab- section (e)(2), each retail electric supplier MURKOWSKI to the bill S. 2012, to pro- lished pursuant to the Alaska Native Claims shall achieve compliance with the following vide for the modernization of the en- energy storage portfolio standards by the Settlement Act (43 U.S.C. 1601 et seq.), which following dates: ergy policy of the United States, and is recognized as eligible for the special pro- ‘‘(A) JANUARY 1, 2021.—Not later than Janu- for other purposes; which was ordered grams and services provided by the United ary 1, 2021, each retail electric supplier shall to lie on the table; as follows: States to Indians because of their status as have available on the system of the retail At the end of subtitle D of title II, add the Indians. electric supplier energy storage devices with following: ‘‘(c) SITING.— a power capacity rating equal to not less SEC. 23lll. SITING OF INTERSTATE ELECTRIC ‘‘(1) PURPOSES.—The purpose of this sub- than 1 percent of the annual average peak TRANSMISSION FACILITIES. section is to ensure that high-priority re- power demand of the system, as— Section 216 of the Federal Power Act (16 gional transmission projects are in the pub- ‘‘(i) measured over a 1-hour period; and U.S.C. 824p) is amended to read as follows: lic interest and advance the policy estab- ‘‘(ii) averaged over the period of calendar ‘‘SEC. 216. SITING OF INTERSTATE ELECTRIC lished under subsection (a). years 2017 through 2019. TRANSMISSION FACILITIES. ‘‘(2) STATE REVIEW OF PROJECT SITING.— ‘‘(B) JANUARY 1, 2025.—Not later than Janu- ‘‘(a) POLICY.—It is the policy of the United ‘‘(A) IN GENERAL.—No developer of a high- ary 1, 2025, each retail electric supplier shall States that the national interstate trans- priority regional transmission project may have available on the system of the retail mission system should be guided by the goal seek a certificate for construction under sub- electric supplier energy storage devices with of maximizing the net benefits of the elec- section (d) unless the developer first seeks a power capacity rating equal to not less tricity system, taking into consideration— authorization to construct the high-priority than 2 percent of the annual average peak ‘‘(1) support for the development of new, regional transmission project under applica- power demand of the system, as— cleaner power generation capacity, including ble State law concerning authorization and ‘‘(i) measured over a 1-hour period; and renewable energy generation located distant routing of transmission facilities. ‘‘(ii) averaged over the period of calendar from load centers; ‘‘(B) FEDERAL AUTHORITY.—The Commis- years 2021 through 2023. ‘‘(2) opportunities for reduced emissions sion may authorize, in accordance with sub- ‘‘(2) SECONDARY STANDARD.—Of each appli- from regional power production; section (d), construction of a high-priority cable storage capacity required under para- ‘‘(3) transmission needs driven by public regional transmission project that the Com- graph (1), at least 50 percent shall be suffi- policy requirements established by State or mission finds to be required by the present cient to provide electricity at the rated ca- Federal laws (including regulations); or future public convenience and necessity pacity for a duration of not less than 1 hour. ‘‘(4) cost savings resulting from— and in accordance with this section if— ‘‘(c) INCLUSIONS.—The following may be ‘‘(A) reduced transmission congestion; ‘‘(i) a State— used to comply with the energy storage port- ‘‘(B) enhanced opportunities for ‘‘(I) fails to approve construction and au- folio standards established by subsection (b): intraregional and interregional electricity thorize routing of a high-priority regional ‘‘(1) Energy storage devices associated with trades; transmission project not later than 1 year a retail customer of the retail electric sup- ‘‘(C) reduced line losses; after the date the applicant submits a com- plier. ‘‘(D) generation resource-sharing; and pleted application for authorization to the ‘‘(2) Energy storage owned or operated by ‘‘(E) enhanced fuel diversity; State; the retail electric supplier. ‘‘(5) reliability benefits, including satis- ‘‘(II) rejects or denies the application for a ‘‘(3) Energy storage devices that are elec- fying reliability standards and guidelines for high-priority regional transmission project; trically connected to the retail electric sup- resource adequacy and system security; ‘‘(III) authorizes the high-priority regional plier and available to provide power, includ- ‘‘(6) diversification of risk relating to transmission project subject to conditions ing storage owned by— events affecting fuel supply or generating re- that unreasonably interfere with the devel- ‘‘(A) a third party; sources in a particular region; opment of a high-priority regional trans- ‘‘(B) a regional transmission entity; or ‘‘(7) the enhancement of competition in mission project contrary to the purposes of ‘‘(C) a transmission or generation entity. electricity markets and mitigation of mar- this section; or ‘‘(d) EXCLUSION.—An energy storage device ket power; ‘‘(IV) does not have authority to approve placed in operation before January 1, 2009, ‘‘(8) the ability to collocate facilities on the siting of the high-priority regional trans- may not be used to achieve compliance with existing rights-of-way; mission project; or

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‘‘(ii) the developer seeking a certificate for essary right-of-way to construct, operate, ‘‘(2) EXCLUSIONS.—This section does not construction under subsection (d) does not and maintain the high-priority regional apply in the State of Alaska or Hawaii or to qualify to apply for State authorization to transmission project to which the certificate the Electric Reliability Council of Texas.’’. construct a high-priority regional trans- relates, and the necessary land or other mission project because the developer does property necessary to the proper operation SA 3125. Mr. WHITEHOUSE (for him- not serve end-users in the State. of the high-priority regional transmission self, Mr. MARKEY, Mr. DURBIN, Mr. ‘‘(d) CONSTRUCTION.— project, the holder may acquire the right-of- SANDERS, Mrs. SHAHEEN, Ms. BALDWIN, ‘‘(1) APPLICATION FOR CERTIFICATE.— way by the exercise of the right of eminent Mr. LEAHY, Mr. MURPHY, Mr. ‘‘(A) IN GENERAL.—An applicant for a high- domain in— BLUMENTHAL, and Mr. MENENDEZ) sub- priority regional transmission project may ‘‘(A) the United States district court for mitted an amendment intended to be apply to the Commission for a certificate of the district in which the property is located; proposed to amendment SA 2953 pro- public convenience and necessity with re- or posed by Ms. MURKOWSKI to the bill S. spect to construction of the high-priority re- ‘‘(B) a State court. gional transmission project only under a cir- ‘‘(4) FEDERAL, STATE AND TRIBAL REC- 2012, to provide for the modernization cumstance described in subsection (c)(2)(B). OMMENDATIONS.—In granting a certificate of the energy policy of the United ‘‘(B) FORM.—The application for a certifi- under paragraph (2), the Commission shall— States, and for other purposes; which cate shall be made in writing in such form ‘‘(A) seek from Federal resource agencies, was ordered to lie on the table; as fol- and containing such information as the Com- State regulatory agencies, and affected In- lows: mission may by regulation require. dian tribes recommended mitigation meas- At the appropriate place, insert the fol- ‘‘(C) HEARING.—On receipt of an applica- ures, based on habitat protection, environ- lowing: tion under this paragraph, the Commission— mental considerations, or cultural site pro- ‘‘(i) shall provide public notice and oppor- SEC. ll. CAMPAIGN FINANCE DISCLOSURES BY tection; and FOSSIL FUEL BENEFICIARIES. tunity for hearing; and ‘‘(B)(i) incorporate those identified mitiga- (a) IN GENERAL.—Section 304 of the Federal ‘‘(ii) may approve (with or without condition measures as conditions to the certifi- Election Campaign Act of 1974 (52 U.S.C. tions) or disapprove the application, in ac- cate; or 30104) is amended by adding at the end the cordance with paragraph (2). ‘‘(ii) if the Commission determines that a following new subsection: ‘‘(D) ADMINISTRATION.— recommended mitigation measure is incon- ‘‘(j) DISCLOSURE BY FOSSIL FUEL BENE- ‘‘(i) IN GENERAL.—The Commission shall sistent with the purposes of this section or FICIARIES.— act as the lead agency for purposes of coordi- with other applicable provisions of law, is in- ‘‘(1) IN GENERAL.— nating all applicable Federal authorizations feasible or not cost-effective, or for any ‘‘(A) INITIAL DISCLOSURE.—Every covered and related environmental reviews for a other reason— entity which has made covered disburse- high-priority regional transmission project ‘‘(I) consult with the Federal resource ments and received covered transfers in an under this section. agency, State regulatory agency, and af- aggregate amount in excess of $10,000 during ‘‘(ii) COORDINATION.—To the maximum ex- fected Indian tribe to seek to resolve the the period beginning on January 1, 2014, and tent practicable, the Commission shall— issue; ending on the date that is 165 days after the ‘‘(I) coordinate the Federal authorization ‘‘(II) incorporate as conditions to the cer- date of the enactment of this subsection and related environmental review process tificate such recommended mitigation meas- shall file with the Commission a statement with any Indian tribe, multistate entity, or containing the information described in State agency responsible for conducting any ures as are determined to be appropriate by the Commission, based on those consulta- paragraph (2) not later than the date that is separate permitting or environmental review 180 days after the date of the enactment of of a high-priority regional transmission tions and the record before the Commission; and this subsection. project; and ‘‘(B) SUBSEQUENT DISCLOSURES.—Every cov- ‘‘(II) ensure timely and efficient review ‘‘(III) if, after consultation, the Commis- sion does not adopt in whole or in part a rec- ered entity which makes covered disburse- and permit decisions. ments (other than covered disbursement re- ‘‘(iii) TIMELINE.—The Commission, in con- ommendation of an agency or affected Indian tribe, publish a statement of a finding that ported under subparagraph (A)) and received sultation with the applicable agencies de- covered transfers (other than a covered scribed in clause (ii)(I) and consistent with the adoption of the recommendation is infea- sible, not cost-effective, or otherwise incon- transfer reported under subparagraph (A)) in applicable law, shall establish a coordinated an aggregate amount in excess of $10,000 dur- project plan with milestones for all Federal sistent with this section or other applicable provisions of law. ing any calendar year shall, within 48 hours authorizations described in clause (i). of each disclosure date, file with the Com- ‘‘(5) STATE OR LOCAL AUTHORIZATIONS.—An ‘‘(2) GRANT OF CERTIFICATE.— mission a statement containing the informa- ‘‘(A) IN GENERAL.—A certificate shall be applicant receiving a certificate under this subsection with respect to construction or tion described in paragraph (2). issued to a qualified applicant for a certifi- ‘‘(2) CONTENTS OF STATEMENT.—Each state- modification of a high-priority regional cate authorizing the whole or partial oper- ment required to be filed under this sub- transmission project in a State shall not be ation, construction, acquisition, or modifica- section shall be made under penalty of per- required to obtain a separate siting author- tion covered by the application, if the Com- jury and shall contain the following informa- ization from the State or any local authority mission determines that the proposed oper- tion: within the State. ation, construction, acquisition, or modifica- ‘‘(A) The identification of the person mak- ‘‘(6) RIGHTS-OF-WAY OVER INDIAN LAND.— tion, to the extent authorized by the certifi- ing the disbursement or receiving the trans- Notwithstanding paragraph (3), in the case of cate, is required by the present or future fer, of any person sharing or exercising direc- siting, construction, operation, and mainte- public convenience and necessity. tion or control over the activities of such nance of a transmission facility to be located ‘‘(B) TERMS AND CONDITIONS.—The Commis- person, and of the custodian of the books and sion shall have the power to attach to the on or over Indian land, a certificate holder accounts of the person making the disburse- issuance of a certificate under this para- under this section shall comply with the re- ment or receiving the transfer. graph and to the exercise of the rights grant- quirements of Federal law for obtaining ‘‘(B) The principal place of business of the ed under the certificate such reasonable rights-of-way on or over Indian land. person making the disbursement or receiving terms and conditions as the public conven- ‘‘(e) RELATIONSHIP TO OTHER LAWS.— the transfer, if not an individual. ience and necessity may require. ‘‘(1) IN GENERAL.—Except as specifically ‘‘(C) The amount of each disbursement or ‘‘(C) RECORD OF STATE PROCEEDING.—Any provided in this section, nothing in this sec- transfer of more than $200 during the period party, including the State, to a State pro- tion affects any requirement of an environ- covered by the statement and the identifica- ceeding in which an application for a high- mental or historic preservation law of the tion of the person to whom the disbursement priority regional transmission project was United States, including— was made or from whom the transfer was re- rejected or denied may file with the Commis- ‘‘(A) the National Environmental Policy ceived. sion for its consideration any portion of the Act of 1969 (42 U.S.C. 4321 et seq.); ‘‘(D) The elections to which the disburse- record of the State proceeding. ‘‘(B) the Wilderness Act (16 U.S.C. 1131 et ments or transfers pertain and the names (if ‘‘(D) PUBLIC CONVENIENCE AND NECESSITY.— seq.); or known) of the candidates involved. In making a determination with respect to ‘‘(C) the National Historic Preservation ‘‘(E) If the disbursements were paid out of public convenience and necessity, the Com- Act (16 U.S.C. 470 et seq.). a segregated bank account which consists of mission shall consider whether the facilities ‘‘(2) STATE LAW.—Nothing in this section funds contributed solely by individuals who covered by an application are included in an precludes any person from constructing or are United States citizens or nationals or Interconnection-wide transmission grid plan modifying any transmission facility in ac- lawfully admitted for permanent residence for a high-priority regional transmission cordance with State law. (as defined in section 101(a)(20) of the Immi- project. ‘‘(f) APPLICABILITY.— gration and Nationality Act (8 U.S.C. ‘‘(3) RIGHT OF EMINENT DOMAIN.—If any ‘‘(1) PROJECT DEVELOPERS.—Nothing in this 1101(a)(20))) directly to this account for elec- holder of a certificate issued under para- section precludes the development, subject tioneering communications, the names and graph (2) cannot acquire by contract, or is to applicable regulatory requirements, of addresses of all contributors who contributed unable to agree with the owner of property transmission projects that are not selected an aggregate amount of $1,000 or more to on the compensation to be paid for, the nec- in a regional transmission plan. that account during—

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‘‘(i) in the case of a statement under para- ‘‘(5) COVERED TRANSFER.—For purposes of for Civil Works, shall establish the joint graph (1)(A), during the period described in this subsection, the term ‘covered transfer’ NEWS Office and Interagency Coordination such paragraph, and means any amount received by a covered en- Committee on the Nexus of Energy and ‘‘(ii) in the case of a statement under para- tity for the purposes of making a covered Water for Sustainability (or the ‘‘NEWS graph (1)(B), the period beginning on the disbursement. Committee’’) to carry out the duties de- first day of the preceding calendar year and ‘‘(6) DISCLOSURE DATE.—For purposes of scribed in paragraph (3). ending on the disclosure date. this subsection, the term ‘disclosure date’ (2) ADMINISTRATION.— Nothing in this subparagraph is to be con- means— (A) CHAIRS.—The Secretary, the Secretary strued as a prohibition on the use of funds in ‘‘(A) the first date during any calendar of the Interior, and the Assistant Secretary such a segregated account for a purpose year by which a person has made covered dis- of the Army for Civil Works shall jointly other than covered disbursements. bursements and received covered transfers manage the ‘‘(F) If the disbursements were paid out of aggregating in excess of $10,000; and On page 344, line 12, strike ‘‘5-’’ and insert funds not described in subparagraph (E), the ‘‘(B) any other date during such calendar ‘‘4-’’. names and addresses of all contributors who year by which a person has made covered dis- On page 345, after line 25, add the fol- contributed an aggregate amount of $1,000 or bursements and received covered transfers lowing: (d) SUNSET.—This section terminates on more to the person making the disbursement aggregating in excess of $10,000 since the the date that is 5 years after the date on during— most recent disclosure date for such calendar which the NEWS Committee is established. ‘‘(i) in the case of a statement under para- year. ‘‘(7) CONTRACTS TO DISBURSE; COORDINATION graph (1)(A), during the period described in SA 3129. Ms. STABENOW (for herself such paragraph, and WITH OTHER REQUIREMENTS; ETC,.—Rules simi- ‘‘(ii) in the case of a statement under para- lar to the rules of paragraphs (5), (6), and (7) and Mr. PETERS) submitted an amend- graph (1)(B), the period beginning on the of subsection (f) shall apply for purposes of ment intended to be proposed to first day of the preceding calendar year and this subsection.’’. amendment SA 2953 proposed by Ms. ending on the disclosure date. MURKOWSKI to the bill S. 2012, to pro- Mr. LEE (for himself and ‘‘(3) COVERED ENTITY.—For purposes of this SA 3126. vide for the modernization of the en- subsection— Mr. FLAKE) submitted an amendment ergy policy of the United States, and ‘‘(A) IN GENERAL.—The term ‘covered enti- intended to be proposed to amendment for other purposes; which was ordered ty’ means— SA 2953 proposed by Ms. MURKOWSKI to to lie on the table; as follows: ‘‘(i) any person who is described in sub- the bill S. 2012, to provide for the mod- At the end of title IV, add the following: paragraph (B), and ernization of the energy policy of the ‘‘(ii) any person who owns 5 percent or United States, and for other purposes; Subtitle I—Prevention and Protection From Lead Exposure more of any person described in subpara- which was ordered to lie on the table; graph (B). SEC. 4801. DRINKING WATER INFRASTRUCTURE. ‘‘(B) PERSON DESCRIBED.—A person is de- as follows: Part B of the Safe Drinking Water Act (42 scribed in this subparagraph if such person At the end of subtitle E of title IV, add the U.S.C. 300g et seq.) is amended by adding at has received revenues or stands to receive following: the end the following: revenues of $1,000,000 or greater from fossil SEC. 44lll. MODIFICATION OF AUTHORITY TO ‘‘SEC. 1420A. LEAD PREVENTION GRANT PRO- fuel activities. DECLARE NATIONAL MONUMENTS. GRAM. ‘‘(C) FOSSIL FUEL ACTIVITIES.—For purposes Section 320301 of title 54, United States ‘‘(a) DEFINITIONS.—In this section: of this paragraph, the term ‘fossil fuel activi- Code, is amended by adding at the end the ‘‘(1) CITY.—The term ‘City’ means the City ties’ includes the extraction, production, re- following: of Flint, Michigan. fining, transportation, or combustion of oil, ‘‘(e) EFFECTIVE DATE.—A proclamation or ‘‘(2) STATE.—The term ‘State’ means the natural gas, or coal. reservation issued after the date of enact- State of Michigan. ‘‘(4) COVERED DISBURSEMENT.—For purposes ment of this subsection under subsection (a) ‘‘(b) GRANT PROGRAM.— of this subsection, the term ‘covered dis- or (b) shall expire 3 years after proclaimed or ‘‘(1) ESTABLISHMENT.—Using funds made bursement’ means a disbursement for any of reserved unless specifically approved by— available under section 4805(a) of the Energy the following: ‘‘(1) a Federal law enacted after the date of Policy Modernization Act of 2016, the Admin- ‘‘(A) An independent expenditure. the proclamation or reservation; and istrator shall make grants to the State and ‘‘(B) A broadcast, cable, or satellite com- ‘‘(2) a State law, for each State where the the City for use in accordance with this sub- munication (other than a communication de- land covered by the proclamation or reserva- section. scribed in subsection (f)(3)(B)) which— tion is located, enacted after the date of the ‘‘(2) USE OF FUNDS.—The use of funds from ‘‘(i) refers to a clearly identified candidate proclamation or reservation.’’. a grant made under this subsection shall for Federal office; be— ‘‘(ii) is made— SA 3127. Mr. LEE (for himself and ‘‘(A) determined by the Administrator, in ‘‘(I) in the case of a communication which Mr. FLAKE) submitted an amendment consultation with the State and the City; refers to a candidate for an office other than intended to be proposed to amendment and President or Vice President, during the pe- SA 2953 proposed by Ms. MURKOWSKI to ‘‘(B) used only for an activity authorized riod beginning on January 1 of the calendar the bill S. 2012, to provide for the mod- under paragraph (3). year in which a general or runoff election is ernization of the energy policy of the ‘‘(3) AUTHORIZED ACTIVITIES.— held and ending on the date of the general or United States, and for other purposes; ‘‘(A) IN GENERAL.—The Administrator may runoff election (or in the case of a special which was ordered to lie on the table; authorize the use by the State or the City of election, during the period beginning on the funds from a grant under this subsection to date on which the announcement with re- as follows: carry out any activity that the Adminis- spect to such election is made and ending on On page 424, strike lines 11 through 18. trator determines is necessary to ensure that the date of the special election); or the drinking water supply of the City does ‘‘(II) in the case of a communication which SA 3128. Mr. BOOZMAN submitted an not contain— refers to a candidate for the office of Presi- amendment intended to be proposed to ‘‘(i) lead levels that threaten public health dent or Vice President, is made in any State amendment SA 2953 proposed by Ms. or the environment; or during the period beginning 120 days before MURKOWSKI to the bill S. 2012, to pro- ‘‘(ii) lead, other drinking water contami- the first primary election, caucus, or pref- vide for the modernization of the en- nants, and pathogens that pose a threat to erence election held for the selection of dele- public health. gates to a national nominating convention of ergy policy of the United States, and ‘‘(B) INCLUSIONS.—Authorized activities a political party is held in any State (or, if for other purposes; which was ordered under subparagraph (A) may include— no such election or caucus is held in any to lie on the table; as follows: ‘‘(i) testing, evaluation, and sampling of State, the first convention or caucus of a po- On page 340, beginning on line 10, strike water supplies and public and private water litical party which has the authority to ‘‘Interior pursuant to’’ and all that follows service lines in the water distribution sys- nominate a candidate for the office of Presi- through ‘‘agencies’’ on line 11 and insert ‘‘In- tem of the City; dent or Vice President) and ending on the terior and the Corps of Engineers pursuant ‘‘(ii) repairs and upgrades to water treat- date of the general election; and to an agreement between the 3 agencies’’. ment facilities that serve the City; ‘‘(iii) in the case of a communication Beginning on page 340, strike line 18 and ‘‘(iii) optimization of corrosion control which refers to a candidate for an office all that follows through page 341, line 3, and treatment of the public and private water other than President or Vice President, is insert the following: service lines in the water distribution sys- targeted to the relevant electorate (within (1) ESTABLISHMENT.—Not later than 180 tem of the City; the meaning of subsection (f)(3)(C)). days after the date of enactment of this Act, ‘‘(iv) repairs to water mains and replace- ‘‘(C) A transfer to another person for the the Secretary, the Secretary of the Interior, ment of public and private water service purposes of making a disbursement described and the Secretary of the Army, acting lines in the water distribution system of the in subparagraph (A) or (B). through the Assistant Secretary of the Army City; and

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‘‘(v) modification or construction of new (4) by inserting after paragraph (2) the fol- (2) APPLICATION OF FACA.—The advisory pipelines and treatment system startup eval- lowing: committee shall be subject to the Federal uations needed to ensure optimal treatment ‘‘(3) NOTIFICATION OF THE PUBLIC RELATING Advisory Committee Act (5 U.S.C. App.). of water from the Karegnondi Water Author- TO LEAD.— (e) RESPONSIBILITIES.—The Center shall, at ity before and after the transition to this ‘‘(A) EXCEEDANCE OF LEAD ACTION LEVEL.— minimum, develop and carry out the fol- new source. Not later than 15 days after the date of an lowing components and responsibilities: ‘‘(4) MATCHING REQUIREMENT.—As a condi- exceedance of a lead action level or any (1) Establish a health registry with the fol- tion of the State or the City receiving a other prescribed level of lead in a regulation lowing responsibilities: grant under this subsection, the Adminis- issued under section 1412, the Administrator (A) Survey City residents about exposure trator shall require the State to provide shall notify the public of the concentrations to lead, and inform City residents of the funds from non-Federal sources in an of lead found in the monitoring activity con- health and developmental impacts that may amount that is at least equal to the amount ducted by the public water system if the pub- have resulted from that exposure. provided by the Federal Government. lic water system or the State does not notify (B) Identify and provide ongoing moni- ‘‘(c) ADMINISTRATION.—The Administrator the public of the concentrations of lead toring for City residents who have been ex- may use funds made available under section found in a monitoring activity. posed to lead. 4805(a) of the Energy Policy Modernization ‘‘(B) RESULTS OF LEAD MONITORING.— (C) Collect and analyze clinical data re- Act of 2016— ‘‘(i) IN GENERAL.—The Administrator may lated to the monitoring and treatment of ‘‘(1) for the costs of technical assistance provide notice of any result of lead moni- City residents. provided by the Environmental Protection toring conducted by a public water system (D) Provide culturally and linguistically Agency or by contractors of the Environ- to— relevant personnel and materials necessary mental Protection Agency; and ‘‘(I) any person that is served by the public for City residents. ‘‘(2) for administrative activities in sup- water system; or (2) Conduct research on physical, behav- port of authorized activities. ‘‘(II) the local or State health department ioral, and developmental impacts, as well as ‘‘(d) REPORT.—Not later than 45 days after of a locality or State in which the public other health or educational impacts associ- the first day of each of fiscal years 2017, 2018, water system is located. ated with lead exposure, including cancer, heart disease, liver disease, neurological im- 2019, 2020, and 2021, the Administrator shall ‘‘(ii) FORM OF NOTICE.—The Administrator submit to the Committee on Appropriations may provide the notice described in clause pacts, developmental delays, reproductive health impacts, and maternal and fetal of the Senate, the Committee on Environ- (i) by— health impacts. ment and Public Works of the Senate, the ‘‘(I) press release; or (3) Develop lead mitigation recommenda- Committee on Homeland Security and Gov- ‘‘(II) other form of communication, includ- tions and allocate resources, as appropriate, ernmental Affairs of the Senate, the Com- ing local media.’’. mittee on Appropriations of the House of for health-, education-, and nutrition-related (b) CONFORMING AMENDMENTS.—Section Representatives, the Committee on Energy interventions, as well as other interventions, 1414 (c) of the Safe Drinking Water Act (42 and Commerce of the House of Representa- to mitigate lead exposure in children and U.S.C. 300g-3(c)) is amended— tives, and the Committee on Transportation adults. and Infrastructure of the House of Rep- (1) in paragraph (1)(C), by striking ‘‘para- (4) Establish a partnership with the Re- resentatives a report describing the actions graph (2)(E)’’ and inserting ‘‘paragraph gional Center of Excellence on Nutrition taken to carry out the purposes of the grant (2)(F)’’; Education of the Department of Agriculture program, as described in subsection (b)(3). (2) in paragraph (2)(B)(i)(II), by striking to provide any relevant nutrition informa- ‘‘(e) SUNSET.—The authority provided by ‘‘subparagraph (D)’’ and inserting ‘‘subpara- tion for lead mitigation, including— this section terminates on March 1, 2021.’’. graph (E)’’; and (A) identifying and implementing best SEC. 4802. LOAN FORGIVENESS. (3) in paragraph (3)(B), in the first sen- practices in nutrition education regarding The matter under the heading ‘‘STATE AND tence, by striking ‘‘(D)’’ and inserting ‘‘(E)’’. lead-mitigating foods; and TRIBAL ASSISTANCE GRANTS’’ under the head- SEC. 4804. CENTER OF EXCELLENCE ON LEAD EX- (B) making recommendations and con- ing ‘‘ENVIRONMENTAL PROTECTION POSURE. ducting outreach to improve access to lead- AGENCY’’ in title II of division G of the Con- (a) DEFINITIONS.—In this section: mitigating foods in the community. solidated Appropriations Act, 2016 (Public (1) CENTER.—The term ‘‘Center’’ means the (5) Conduct education and outreach efforts Law 114–113), is amended in paragraph (1), by Center of Excellence on Lead Exposure es- for the City, including the following: striking the semicolon at the end and insert- tablished under subsection (b). (A) Create a publicly accessible website ing the following: ‘‘or, if a Federal or State (2) CITY.—The term ‘‘City’’ means the City that provides, at minimum, details about the emergency declaration has been issued due of Flint, Michigan. health registry for City residents, available to a threat to public health from heightened (3) COMMUNITY.—The term ‘‘community’’ testing and other services through the Cen- exposure to lead in a municipal drinking means the community of the City. ter for City residents and other communities water supply, before the date of enactment (4) SECRETARY.—The term ‘‘Secretary’’ impacted by lead exposure, any relevant in- of this Act: Provided further, that in a State means the Secretary of Health and Human formation regarding health and educational in which such an emergency declaration has Services. impacts of lead exposure, any relevant infor- been issued, the State may use more than 20 (5) STATE.—The term ‘‘State’’ means the mation on mitigation services, and any re- percent of the funds made available under State of Michigan. search conducted through the Center. this title to the State for Drinking Water (B) Conduct regular meetings in the City (b) ESTABLISHMENT.—Not later than 180 State Revolving Fund capitalization grants days after the date of enactment of this Act, to discuss the ongoing impact of lead expo- to provide additional subsidy to eligible re- the Secretary shall, by contract, grant, or sure on residents and solicit community cipients;’’. cooperative agreement, establish in the City input regarding ongoing mitigation needs. SEC. 4803. DISCLOSURE OF PUBLIC HEALTH (C) Establish a navigation program to con- THREATS FROM LEAD EXPOSURE. a center to be known as the ‘‘Center of Ex- cellence on Lead Exposure’’. nect City residents to available Federal, (a) EXCEEDANCE OF LEAD ACTION LEVEL.— State, and local resources and programs that Section 1414(c) of the Safe Drinking Water (c) COLLABORATION.—The Center shall col- assist with cognitive, developmental, and Act (42 U.S.C. 300g–3(c)) is amended— laborate with research institutions, hos- health problems associated with lead expo- (1) in paragraph (1), by adding at the end pitals, Federally qualified health centers, sure. the following: school-based health centers, community be- (f) REPORT.—Biannually, the Secretary ‘‘(D) Notice of any exceedance of a lead ac- havioral health providers, public health shall submit to the Committees on Finance, tion level or any other prescribed level of agencies of Genesee County in the State, and Health, Education, Labor, and Pensions, Ag- lead in a regulation issued under section the State in the development and operation riculture, Nutrition, and Forestry of the 1412, including the concentrations of lead of the Center. Senate and the Committees on Education found in a monitoring activity.’’; (d) ADVISORY COMMITTEE.— and the Workforce, Energy and Commerce, (2) in paragraph (2)— (1) IN GENERAL.—The Center shall establish and Agriculture of the House of Representa- (A) by redesignating subparagraphs (D) and an advisory committee to provide scientific tives a report— (E) as subparagraphs (E) and (F), respec- and technical support for the Center and to (1) assessing the impacts of the Center on tively; and advise the Secretary, consisting of, at a min- City health and education systems and out- (B) by inserting after subparagraph (C) the imum— comes; following: (A) an epidemiologist; (2) describing any research conducted by or ‘‘(D) EXCEEDANCE OF LEAD ACTION LEVEL.— (B) a toxicologist; with the Center; and Regulations issued under subparagraph (A) (C) a mental health professional; (3) making any recommendations for the shall specify notification procedures for an (D) a pediatrician; City, State, or other communities impacted exceedance of a lead action level or any (E) an early childhood education expert; by lead exposure, as appropriate. other prescribed level of lead in a regulation (F) a special education expert; SEC. 4805. FUNDING. issued under section 1412.’’; (G) a dietician; (a) LEAD PREVENTION GRANT PROGRAM.— (3) by redesignating paragraphs (3) and (4) (H) an environmental health expert; and (1) IN GENERAL.—Not later than 5 days as paragraphs (4) and (5), respectively; and (I) 2 community representatives. after the date of enactment of this Act, out

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.058 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S391 of any funds in the Treasury not otherwise Secretary shall issue an invitation to States pitals, and residential buildings, including appropriated, the Secretary of the Treasury to submit plans to participate in an electric multifamily buildings) such as through ex- shall transfer to the Administrator of the and thermal energy productivity challenge panded energy service performance con- Environmental Protection Agency to carry in accordance with this subsection. tracts, equivalent utility energy service con- out section 1420A of the Safe Drinking Water (2) GRANTS.— tracts, zero net-energy buildings, and im- Act (as added by section 4801) $400,000,000, to (A) IN GENERAL.—Subject to subsection (f), proved building energy efficiency codes; remain available until March 1, 2021. the Secretary shall use funds made available (C) the expansion of residential policies (2) RECEIPT AND ACCEPTANCE.—The Admin- under subsection (g)(2)(A) to provide an ini- and programs designed to implement best istrator of the Environmental Protection tial allocation of grants to not more than 25 practice policies and tools for residential Agency shall be entitled to receive, shall ac- States. retrofit programs that— cept, and shall use to carry out section 1420A (B) AMOUNT.—The amount of a grant pro- (i) reduce administrative and delivery of the Safe Drinking Water Act (as added by vided to a State under this subsection shall costs for energy efficiency projects; section 4801) the funds transferred under be not less than $500,000 nor more than (ii) encourage streamlining and automa- paragraph (1), without further appropriation. $1,750,000. tion to support contractor engagement; and (3) REVERSION OF FUNDS.—Any funds trans- (3) SUBMISSION OF PLANS.—To receive a (iii) implement systems that encourage ferred under paragraph (1) that are unex- grant under this subsection, not later than 90 private investment and market innovation; pended or unobligated as of March 1, 2021, days after the date of issuance of the invita- (D) the establishment or expansion of in- shall revert to the general fund of the Treas- tion under paragraph (1), a State (in con- centives in the electric utility sector to en- ury. sultation with energy utilities, regulatory hance demand response and energy effi- (b) CENTER OF EXCELLENCE ON LEAD EXPO- bodies, and others) shall submit to the Sec- ciency, including consideration of additional SURE.— retary an application to receive the grant by incentives to promote the purposes of sec- (1) IN GENERAL.—On October 1, 2016, and on submitting a revised State energy conservation 111(d) of the Public Utility Regulatory each October 1 thereafter through October 1, tion plan under section 362 of the Energy Policies Act of 1978 (16 U.S.C. 2621(d)), such 2025, out of any funds in the Treasury not Policy and Conservation Act (42 U.S.C. 6322). as appropriate, cost-effective policies regard- otherwise appropriated, the Secretary of the (4) DECISION BY SECRETARY.— ing rate structures, grid improvements, be- Treasury shall transfer to the Secretary of (A) BASIS.—The Secretary shall base the havior change, combined heat and power and Health and Human Services to carry out sec- decision of the Secretary on an application waste heat-to-power incentives, financing of tion 4804 $20,000,000, to remain available until submitted under this subsection on— energy efficiency programs, data use incen- expended. (i) plans for improvement in electric and tives, district heating, and regular energy (2) RECEIPT AND ACCEPTANCE.—The Sec- thermal energy productivity consistent with audits; and retary of Health and Human Services shall this section; and (E) leadership by example, in which State be entitled to receive, shall accept, and shall (ii) other factors determined appropriate activities involving both facilities and vehi- use to carry out section 4804 the funds trans- by the Secretary, including geographic di- cle fleets can be a model for other action to ferred under paragraph (1), without further versity. promote energy efficiency and can be ex- appropriation. (B) RANKING.—The Secretary shall— panded with Federal grants provided under (i) rank revised plans submitted under this this section. SEC. 4806. EMERGENCY DESIGNATION. subsection in order of the greatest to least (d) PHASE 2: SUBSEQUENT ALLOCATION OF (a) IN GENERAL.—This subtitle and the likely contribution to improving energy pro- GRANTS TO STATES.— amendments made by this subtitle are des- ductivity in the State; and (1) REPORTS.—Not later than 18 months ignated as an emergency requirement pursu- (ii) provide grants under this subsection in after the receipt of grants under subsection ant to section 4(g) of the Statutory Pay-As- accordance with the ranking and the scale (c), each State (in consultation with other You-Go Act of 2010 (2 U.S.C. 933(g)). and scope of a plan. parties described in paragraph (2)(C)(vi)) that (b) DESIGNATION IN SENATE.—In the Senate, (5) PLAN REQUIREMENTS.—A plan submitted received grants under subsection (c) may this subtitle and the amendments made by under paragraph (3) shall provide— submit to the Secretary a report that de- this subtitle are designated as an emergency (A) a description of the manner in which— scribes— requirement pursuant to section 403(a) of S. (i) energy savings will be monitored and (A) the performance of the programs and Con. Res. 13 (111th Congress), the concurrent verified and energy productivity improve- activities carried out with the grants; and resolution on the budget for fiscal year 2010. ments will be calculated using inflation-ad- (B) in consultation with other parties de- justed dollars; scribed in paragraph (2)(C)(vi), the manner in SA 3130. Mr. WARNER (for himself (ii) a statewide baseline of energy use and which additional funds would be used to and Mr. MANCHIN) submitted an amend- potential resources for calendar year 2010 carry out programs and activities to pro- ment intended to be proposed by him will be established to measure improve- mote the purposes of this section. to the bill S. 2012, to provide for the ments; (2) GRANTS.— modernization of the energy policy of (iii) the plan will promote achievement of (A) IN GENERAL.—Not later than 180 days the United States, and for other pur- energy savings and demand reduction goals; after the date of the receipt of the reports re- (iv) public and private sector investments quired under paragraph (1), subject to sub- poses; which was ordered to lie on the in energy efficiency will be leveraged with section (f), the Secretary shall use amounts table; as follows: available Federal funding; and made available under subsection (g)(2)(B) to At the appropriate place, insert the fol- (v) the plan will not cause cost-shifting provide grants to not more than 6 States to lowing: among utility customer classes or negatively carry out the programs and activities de- SEC. ll. ENERGY PRODUCTIVITY INNOVATION impact low-income populations; and scribed in paragraph (1)(B). CHALLENGE. (B) an assurance that— (B) AMOUNT.—The amount of a grant pro- (a) PURPOSE.—The purpose of this section (i) the State energy office required to sub- vided to a State under this subsection shall is to assist energy policy innovation in the mit the plan, the energy utilities in the be not more than $15,000,000. States to promote the goal of doubling elec- State participating in the plan, and the (C) BASIS.—The Secretary shall base the tric and thermal energy productivity by Jan- State public service commission are cooper- decision of the Secretary to provide grants uary 1, 2030. ating and coordinating programs and activi- under this subsection on— (b) DEFINITIONS.—In this section: ties under this section; (i) the performance of the State in the pro- (1) ENERGY PRODUCTIVITY.—The term ‘‘en- (ii) the State is cooperating with local grams and activities carried out with grants ergy productivity’’ means, in the case of a units of government, Indian tribes, and en- provided under subsection (c); State or Indian tribe, the gross State or trib- ergy utilities to expand programs as appro- (ii) the potential of the programs and ac- al product per British thermal unit of energy priate; and tivities described in paragraph (1)(B) to consumed in the State or tribal land of the (iii) grants provided under this section will achieve the purposes of this section; Indian tribe, respectively. be used to supplement and not supplant Fed- (iii) the desirability of maintaining a total (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ eral, State, or ratepayer-funded programs or project portfolio that is geographically and has the meaning given the term in section 4 activities in existence on the date of enact- functionally diverse; of the Indian Self-Determination and Edu- ment of this Act. (iv) the amount of non-Federal funds that cation Assistance Act (25 U.S.C. 450b). (6) USES.—A State may use grants provided are leveraged as a result of the grants to en- (3) SECRETARY.—The term ‘‘Secretary’’ under this subsection to promote— sure that Federal dollars are leveraged effec- means the Secretary of Energy. (A) the expansion of policies and programs tively; (4) STATE.—The term ‘‘State’’ has the that will advance industrial energy effi- (v) plans for continuation of the improve- meaning given the term in section 3 of the ciency, waste heat recovery, combined heat ments after the receipt of grants under this Energy Policy and Conservation Act (42 and power, and waste heat-to-power utiliza- section; and U.S.C. 6202). tion; (vi) demonstrated effort by the State to in- (c) PHASE 1: INITIAL ALLOCATION OF GRANTS (B) the expansion of policies and programs volve diverse groups, including— TO STATES.— that will advance energy efficiency construc- (I) investor-owned, cooperative, and public (1) IN GENERAL.—Not later than 30 days tion and retrofits for public and private com- power utilities; after the date of enactment of this Act, the mercial buildings (including schools, hos- (II) local governments; and

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.058 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S392 CONGRESSIONAL RECORD — SENATE January 28, 2016 (III) nonprofit organizations. (C) 4 percent shall be used to make grants SA 3132. Mr. CARDIN submitted an (e) ALLOCATION OF GRANTS TO INDIAN to Indian tribes under subsection (e); and amendment intended to be proposed to TRIBES.— (D) 5 percent shall be available to the Sec- amendment SA 2953 proposed by Ms. retary for the cost of administration and (1) IN GENERAL.—Not later than 30 days MURKOWSKI to the bill S. 2012, to pro- after the date of enactment of this Act, the technical support to carry out this section. (h) OFFSET.—Section 422(f) of the Energy vide for the modernization of the en- Secretary shall invite Indian tribes to sub- ergy policy of the United States, and mit plans to participate in an electric and Independence and Security Act of 2007 (42 thermal energy productivity challenge in ac- U.S.C. 17082(f)) is amended— for other purposes; which was ordered cordance with this subsection. (1) in paragraph (3), by striking ‘‘and’’ to lie on the table; as follows: (2) SUBMISSION OF PLANS.—To receive a after the semicolon at the end; and At the end of subtitle A of title I, add the grant under this subsection, not later than 90 (2) by striking paragraph (4) and inserting following: days after the date of issuance of the invita- the following: SEC. 10ll. PERMANENT EXTENSION AND MODI- tion under paragraph (1), an Indian tribe ‘‘(4) $200,000,000 for each of fiscal years 2013 FICATION OF DEDUCTION FOR EN- shall submit to the Secretary a plan to in- through 2016; ERGY-EFFICIENT COMMERCIAL BUILDINGS. crease electric and thermal energy produc- ‘‘(5) $150,000,000 for each of fiscal years 2017 (a) EXTENSION AND MODIFICATION.— tivity by the Indian tribe. and 2018; and ‘‘(6) $200,000,000 for fiscal year 2019.’’. (1) EXTENSION.—Section 179D of the Inter- (3) DECISION BY SECRETARY.— nal Revenue Code of 1986 is amended by (A) IN GENERAL.—Not later than 90 days SA 3131. Mr. MERKLEY submitted an striking subsection (h). after the submission of plans under para- (2) INCLUSION OF MULTIFAMILY BUILDINGS.— graph (2), the Secretary shall make a final amendment intended to be proposed to amendment SA 2953 proposed by Ms. (A) IN GENERAL.—Subparagraph (B) of sec- decision on the allocation of grants under tion 179D(c)(1) of such Code is amended by this subsection. MURKOWSKI to the bill S. 2012, to provide for the modernization of the en- striking ‘‘building’’ and inserting ‘‘commer- (B) BASIS.—The Secretary shall base the cial building or multifamily building’’. decision of the Secretary under subpara- ergy policy of the United States, and (B) DEFINITIONS.—Subsection (c) of section graph (A) on— for other purposes; which was ordered 179D of such Code is amended by adding at (i) plans for improvement in electric and to lie on the table; as follows: the end the following new paragraphs: thermal energy productivity consistent with At the end of section 1306, add the fol- ‘‘(3) COMMERCIAL BUILDING.—The term this section; lowing: ‘commercial building’ means a building with (ii) plans for continuation of the improve- (h) SECONDARY USE APPLICATIONS.— a primary use or purpose other than as resi- ments after the receipt of grants under this (1) IN GENERAL.—The Secretary shall carry dential housing. section; and out a research, development, and demonstra- ‘‘(4) MULTIFAMILY BUILDING.—The term (iii) other factors determined appropriate tion program that— ‘multifamily building’ means a structure of 5 by the Secretary, including— (A) builds on any work carried out under or more dwelling units with a primary use as (I) geographic diversity; and section 915 of the Energy Policy Act of 2005 residential housing, and includes such build- (II) size differences among Indian tribes. (42 U.S.C. 16195); ings owned and operated as a condominium, (C) LIMITATION.—An individual Indian tribe (B) identifies possible uses of a vehicle bat- cooperative, or other common interest com- shall not receive more than 20 percent of the tery after the useful life of the battery in a munity.’’. total amount available to carry out this sub- vehicle has been exhausted; (b) INCREASE IN MAXIMUM AMOUNT OF DE- section. (C) conducts long-term testing to verify DUCTION.— (f) ADMINISTRATION.— performance and degradation predictions and (1) IN GENERAL.—Subparagraph (A) of sec- (1) INDEPENDENT EVALUATION.—To evaluate lifetime valuations for secondary uses; tion 179D(b)(1) of the Internal Revenue Code program performance and effectiveness (D) evaluates innovative approaches to re- of 1986 is amended by striking ‘‘$1.80’’ and in- under this section, the Secretary shall con- cycling materials from plug-in electric drive serting ‘‘$3.00’’. sult with the National Research Council re- vehicles and the batteries used in plug-in (2) PARTIAL ALLOWANCE.—Paragraph (1) of garding requirements for data and evalua- electric drive vehicles; section 179D(d) of such Code is amended to tion for recipients of grants under this sec- (E)(i) assesses the potential for markets for read as follows: tion. uses described in subparagraph (B) to de- ‘‘(1) PARTIAL ALLOWANCE.— (2) COORDINATION WITH STATE ENERGY CON- velop; and ‘‘(A) IN GENERAL.—Except as provided in SERVATION PROGRAMS.— (ii) identifies any barriers to the develop- subsection (f), if— (A) IN GENERAL.—Grants to States under ment of those markets; and ‘‘(i) the requirement of subsection (c)(1)(D) this section shall be provided through addi- (F) identifies the potential uses of a vehi- is not met, but tional funding to carry out State energy con- cle battery— ‘‘(ii) there is a certification in accordance servation programs under part D of title III (i) with the most promise for market devel- with paragraph (6) that— of the Energy Policy and Conservation Act opment; and ‘‘(I) any system referred to in subsection (42 U.S.C. 6321 et seq.). (ii) for which market development would (c)(1)(C) satisfies the energy-savings targets (B) RELATIONSHIP TO STATE ENERGY CON- be aided by a demonstration project. established by the Secretary under subpara- SERVATION PROGRAMS.— (2) REPORT.—Not later than 1 year after graph (B) with respect to such system, or (i) IN GENERAL.—A grant provided to a the date of enactment of this Act, the Sec- ‘‘(II) the systems referred to in subsection State under this section shall be used to sup- retary shall submit to the appropriate com- (c)(1)(C)(ii) and subsection (c)(1)(C)(iii) to- plement (and not supplant) funds provided to mittees of Congress an initial report on the gether satisfy the energy-savings targets es- the State under part D of title III of the En- findings of the program described in para- tablished by the Secretary under subpara- ergy Policy and Conservation Act (42 U.S.C. graph (1), including recommendations for graph (B) with respect to such systems, 6321 et seq.). stationary energy storage and other poten- then the requirement of subsection (c)(1)(D) (ii) MINIMUM FUNDING.—A grant shall not tial applications for batteries used in plug-in shall be treated as met with respect to such be provided to a State for a fiscal year under electric drive vehicles. system or systems, and the deduction under this section if the amount of funding pro- (3) SECONDARY USE DEMONSTRATION.— subsection (a) shall be allowed with respect vided to all State grantees under the base (A) IN GENERAL.—Based on the results of to energy-efficient commercial building formula for the fiscal year under part D of the program described in paragraph (1), the property installed as part of such system and title III of the Energy Policy and Conserva- Secretary shall develop guidelines for as part of a plan to meet such targets, except tion Act (42 U.S.C. 6321 et seq.) is less than projects that demonstrate the secondary that subsection (b) shall be applied to such $50,000,000. uses and innovative recycling of vehicle bat- property described in clause (ii)(I) by sub- (3) VOLUNTARY PARTICIPATION.—The par- teries. stituting ‘$1.00’ for ‘$3.00’ and to such prop- ticipation of a State in a challenge estab- (B) PUBLICATION OF GUIDELINES.—Not later erty described in clause (ii)(II) by sub- lished under this section shall be voluntary. than 18 months after the date of enactment stituting ‘$2.20’ for ‘$3.00’. (g) AUTHORIZATION OF APPROPRIATIONS.— of this Act, the Secretary shall— ‘‘(B) REGULATIONS.— (1) IN GENERAL.—There is authorized to be (i) publish the guidelines described in sub- ‘‘(i) IN GENERAL.—The Secretary, after con- appropriated to carry out this section paragraph (A); and sultation with the Secretary of Energy, shall $100,000,000 for the period of fiscal years 2017 (ii) solicit applications for funding for promulgate regulations establishing a target and 2018. demonstration projects. for each system described in subsection (2) ALLOCATION.—Of the total amount of (C) PILOT DEMONSTRATION PROGRAM.—Not (c)(1)(C) which, if such targets were met for funds made available under paragraph (1)— later than 21 months after the date of enact- all such systems, the property would meet (A) 30 percent shall be used to provide an ment of this Act, the Secretary shall select the requirements of subsection (c)(1)(D). initial allocation of grants to States under proposals for grant funding under this sec- ‘‘(ii) SAFE HARBOR FOR COMBINED SYS- subsection (c); tion, based on an assessment of which pro- TEMS.—The Secretary, after consultation (B) 61 percent shall be used to provide a posals are mostly likely to contribute to the with the Secretary of Energy, and not later subsequent allocation of grants to States development of a secondary market for bat- than 6 months after the date of the enact- under subsection (d); teries. ment of the Energy Policy Modernization

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.053 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S393 Act of 2015, shall promulgate regulations re- for which such amounts are claimed under ‘‘(B) for a lighting system that includes in- garding combined envelope and mechanical such section. stallation of a lighting control described in system performance that detail appropriate ‘‘(II) CAPTIVE REAL ESTATE INVESTMENT paragraph (2)(B), the applicable amount de- components, efficiency levels, or other rel- TRUST.—The term ‘captive real estate invest- termined under paragraph (3)(B), or evant information for the systems referred ment trust’ means a real estate investment ‘‘(C) for a lighting system that does not in- to in subsection (c)(1)(C)(ii) and subsection trust the shares or beneficial interests of clude installation of any lighting controls (c)(1)(C)(iii) together to be deemed to have which are not regularly traded on an estab- described in subparagraph (A) or (B) of para- achieved two-thirds of the requirements of lished securities market and more than 50 graph (2), the applicable amount determined subsection (c)(1)(D).’’. percent of the voting power or value of the under paragraph (3)(C). (c) DENIAL OF DOUBLE BENEFIT RULES.— beneficial interests or shares of which are ‘‘(2) ENERGY SAVING CONTROLS.— (1) IN GENERAL.—Section 179D of the Inter- owned or controlled, directly or indirectly, ‘‘(A) LIGHTING CONTROLS IN CERTAIN nal Revenue Code of 1986 is amended by add- or constructively, by a single entity that is SPACES.—For purposes of paragraph (1)(A), ing at the end the following new subsection: treated as an association taxable as a cor- the lighting controls described in this sub- ‘‘(h) TAX INCENTIVES NOT AVAILABLE.—En- poration under this title and is not exempt paragraph are the following: ergy-efficient measures for which a deduc- from taxation pursuant to the provisions of ‘‘(i) Occupancy sensors (as described in tion is allowed under this section shall not section 501(a). paragraph (4)(I)) in spaces not greater than be eligible for a deduction under section ‘‘(III) RULES OF APPLICATION.—For purposes 800 square feet. 179F.’’. of this clause, the constructive ownership ‘‘(ii) Bi-level controls (as described in para- (2) LOW-INCOME HOUSING EXCEPTION TO BASIS rules of section 318(a), as modified by section graph (4)(A)). REDUCTION.—Subsection (e) of section 179D of 856(d)(5), shall apply in determining the own- ‘‘(iii) Continuous or step dimming controls such Code is amended by inserting ‘‘(other ership of stock, assets, or net profits of any (as described in subparagraphs (B) and (K) of than property placed in service in a qualified person, and the following entities are not paragraph (4)). low-income building (within the meaning of considered an association taxable as a cor- ‘‘(iv) Daylight dimming where sufficient section 42))’’ after ‘‘building property’’. poration: daylight is available (as described in para- (d) ALLOCATION OF DEDUCTION.—Paragraph ‘‘(aa) Any real estate investment trust graph (4)(C)). (4) of section 179D(d) of the Internal Revenue other than a captive real estate investment ‘‘(v) A multi-scene controller (as described Code of 1986 is amended to read as follows: trust. in paragraph (4)(H)). ‘‘(4) ALLOCATION OF DEDUCTION.— ‘‘(bb) Any qualified real estate investment ‘‘(vi) Time scheduling controls (as de- ‘‘(A) IN GENERAL.—Not later than 180 days trust subsidiary under section 856, other scribed in paragraph (4)(L)), provided that after the date of the enactment of the En- than a qualified REIT subsidiary of a captive such controls are not required by Standard ergy Policy Modernization Act of 2015, the real estate investment trust. 90.1-2010. Secretary, in consultation with the Sec- ‘‘(cc) Any Listed Australian Property ‘‘(vii) Such other lighting controls as the retary of Energy, shall promulgate a regula- Trust (meaning an Australian unit trust reg- Secretary, in consultation with the Sec- tion to allow the owner of a commercial or istered as a ‘Managed Investment Scheme’ retary of Energy, determines appropriate. multifamily building, including a govern- under the Australian Corporations Act in ‘‘(B) OTHER CONTROL TYPES.—For purposes ment, tribal, or non-profit owner, to allocate which the principal class of units is listed on of paragraph (1)(B), the lighting controls de- any deduction allowed under this section, or a recognized stock exchange in Australia and scribed in this subparagraph are the fol- a portion thereof, to the person primarily re- is regularly traded on an established securi- lowing: sponsible for designing the property in lieu ties market), or an entity organized as a ‘‘(i) Occupancy sensors (as described in of the owner or to a commercial tenant that trust, provided that a Listed Australian paragraph (4)(I)) in spaces greater than 800 leases or otherwise occupies space in such Property Trust owns or controls, directly or square feet. building pursuant to a written agreement. indirectly, 75 percent or more of the voting ‘‘(ii) Demand responsive controls (as de- Such person shall be treated as the taxpayer power or value of the beneficial interests or scribed in paragraph (4)(D)). for purposes of this section. shares of such trust. ‘‘(iii) Lumen maintenance controls (as de- ‘‘(B) FORM OF ALLOCATION.—An allocation ‘‘(dd) Any corporation, trust, association, scribed in paragraph (4)(F)) where solid state made under this paragraph shall be in writ- or partnership organized outside the laws of lighting is used. ing and in a form that meets the form of al- the United States and which satisfies the cri- ‘‘(iv) Such other lighting controls as the location requirements in Notice 2008–40 of teria described in subclause (IV). Secretary, in consultation with the Sec- the Internal Revenue Service. ‘‘(IV) CRITERIA.—The criteria described in retary of Energy, determines appropriate. ‘‘(C) PROVISION OF ALLOCATION.—Not later this subclause are as follows: ‘‘(3) APPLICABLE AMOUNT.— than 30 days after receipt of a written re- ‘‘(aa) At least 75 percent of the entity’s ‘‘(A) LIGHTING CONTROLS IN CERTAIN quest from a person eligible to receive an al- total asset value at the close of its taxable SPACES.—For purposes of paragraph (1)(A), location under this paragraph, the owner of year is represented by real estate assets (as the applicable amount shall be determined in a building that makes an allocation under defined in section 856(c)(5)(B)), cash and cash accordance with the following table: this paragraph shall provide the form of allo- equivalents, and United States Government ‘‘If the percentage of re- The amount of the deduc- cation (as described in subparagraph (B)) to securities. duction in lighting tion per square foot such person. ‘‘(bb) The entity is not subject to tax on power density is not is: ‘‘(D) ALLOCATION FROM PUBLIC OWNER OF amounts distributed to its beneficial owners, less than: BUILDING.—In the case of a commercial build- or is exempt from entity-level taxation. 15 percent ...... $0.30 ing or multifamily building that is owned by ‘‘(cc) The entity distributes at least 85 per- 20 percent ...... $0.44 25 percent ...... $0.58 a Federal, State, or local government or a cent of its taxable income (as computed in the jurisdiction in which it is organized) to 30 percent ...... $0.72 subdivision thereof, Notice 2006–52 of the In- 35 percent ...... $0.86 ternal Revenue Service, as amplified by No- the holders of its shares or certificates of 40 percent ...... $1.00. tice 2008–40, shall apply to any allocation.’’. beneficial interest on an annual basis. ‘‘(B) LIGHTING CONTROLS IN LARGER SPACES (e) TREATMENT OF BASIS IN CONTEXT OF AL- ‘‘(dd) Not more than 10 percent of the vot- AND WHERE SOLID LIGHTING IS USED.—For pur- LOCATION.—Subsection (e) of section 179D of ing power or value in such entity is held di- poses of paragraph (1)(B), the applicable the Internal Revenue Code of 1986, as amend- rectly or indirectly or constructively by a amount shall be determined in accordance ed by subsection (c)(2), is amended by insert- single entity or individual, or the shares or with the following table: ing ‘‘or so allocated’’ after ‘‘so allowed’’. beneficial interests of such entity are regu- (f) EARNINGS AND PROFITS CONFORMITY FOR larly traded on an established securities ‘‘If the percentage of re- The amount of the deduc- duction in lighting tion per square foot REAL ESTATE INVESTMENT TRUSTS.—Subpara- market. power density is not is: graph (B) of section 312(k)(3) of the Internal ‘‘(ee) The entity is organized in a country which has a tax treaty with the United less than: Revenue Code of 1986 is amended— 20 percent ...... $0.30 States.’’. (1) by striking ‘‘.—For purposes of’’ and in- 25 percent ...... $0.44 serting ‘‘.— (g) RULES FOR LIGHTING SYSTEMS.—Sub- 30 percent ...... $0.58 ‘‘(i) IN GENERAL.—Except as provided in section (f) of section 179D of the Internal 35 percent ...... $0.72 clause (ii), for purposes of’’, and Revenue Code of 1986 is amended to read as 40 percent ...... $0.86 (2) by adding at the end the following new follows: 45 percent ...... $1.00. clause: ‘‘(f) RULES FOR LIGHTING SYSTEMS.— ‘‘(C) NO QUALIFIED LIGHTING CONTROLS.— ‘‘(ii) EARNINGS AND PROFITS CONFORMITY ‘‘(1) IN GENERAL.—With respect to property For purposes of paragraph (1)(C), the applica- FOR REAL ESTATE INVESTMENT TRUSTS.— that is part of a lighting system, the deduc- ble amount shall be determined in accord- ‘‘(I) IN GENERAL.—For purposes of com- tion allowed under subsection (a) shall be ance with the following table: puting the earnings and profits of a real es- equal to— ‘‘If the percentage of re- The amount of the deduc- tate investment trust (other than a captive ‘‘(A) for a lighting system that includes in- duction in lighting tion per square foot real estate investment trust), the entire stallation of a lighting control described in power density is not is: amount deductible under section 179D shall paragraph (2)(A), the applicable amount de- less than: be allowed as deductions in the taxable years termined under paragraph (3)(A), 25 percent ...... $0.30

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‘‘If the percentage of re- The amount of the deduc- ‘‘(iii) DAYLIGHT, SIDELIGHTING, AND OTHER ‘‘(ii) a setting that turns off all luminaires duction in lighting tion per square foot RELATED TERMS.—The terms ‘daylight area’, in an area, and power density is not is: ‘daylight area under skylights’, ‘daylight ‘‘(iii) a recall of the settings described in less than: area under rooftop monitors’, ‘daylighted clauses (i) and (ii) for any luminaires or 30 percent ...... $0.44 35 percent ...... $0.58 area’, ‘enclosed space’, ‘primary sidelighted groups of luminaires to adjust to multiple 40 percent ...... $0.72 areas’, ‘sidelighting effective aperture’, and activities within the area. 45 percent ...... $0.86 ‘skylight effective aperture’ have the same ‘‘(I) OCCUPANCY SENSOR.—The term ‘occu- 50 percent ...... $1.00. meaning given such terms under Standard pancy sensor’ means a control device that— ‘‘(4) DEFINITIONS.—For purposes of this sub- 90.1-2010. ‘‘(i) detects the presence or absence of indi- section: ‘‘(D) DEMAND RESPONSIVE CONTROL.— viduals within an area and regulates light- ‘‘(A) BI-LEVEL CONTROL.— ‘‘(i) IN GENERAL.—The term ‘demand re- ing, equipment, or appliances according to a ‘‘(i) IN GENERAL.—Subject to clause (ii), the sponsive control’ means a control device required sequence of operation, term ‘bi-level control’ means a lighting con- that receives and automatically responds to ‘‘(ii) shuts off lighting when an area is un- trol strategy that provides for 2 different a demand response signal and— occupied, levels of lighting. ‘‘(I) in the case of space-conditioning sys- ‘‘(iii) except in areas designated as emer- ‘‘(ii) FULL-OFF SETTING.—For purposes of tems, conducts a centralized demand shed for gency egress and using less than 0.2 watts clause (i), a bi-level control shall also pro- non-critical zones during a demand response per square foot of floor area, provides for vide for a full-off setting. period and that has the capability to, on a manual shut-off of all luminaires regardless ‘‘(B) CONTINUOUS DIMMING.—The term ‘con- signal from a centralized contract or soft- of the status of the sensor and allows for— tinuous dimming’ means a lighting control ware point within an Energy Management ‘‘(I) independent control in each area en- strategy that adjusts the light output of a Control System— closed by ceiling-height partitions, lighting system between minimum and max- ‘‘(aa) remotely increase the operating cool- ‘‘(II) controls that are readily accessible, imum light output in a manner that is not ing temperature set points in such zones by and perceptible. not less than 4 degrees, ‘‘(III) operation by a manual switch that is ‘‘(C) DAYLIGHT DIMMING; SUFFICIENT DAY- ‘‘(bb) remotely decrease the operating located in the same area as the lighting that LIGHT.— heating temperature set points in such zones is subject to the control device. ‘‘(i) DAYLIGHT DIMMING.—The term ‘day- by not less than 4 degrees, ‘‘(J) STANDARD 90.1-2010.—The term ‘Stand- light dimming’ means any device that— ‘‘(cc) remotely reset temperatures in such ard 90.1-2010’ means Standard 90.1-2010 of the ‘‘(I) adjusts electric lighting power in re- zones to originating operating levels, and American Society of Heating, Refrigerating, sponse to the amount of daylight that is ‘‘(dd) provide an adjustable rate of change and Air Conditioning Engineers and the Illu- present in an area, and for any temperature adjustment and reset, minating Engineering Society of North ‘‘(II) provides for separate control of the and America. lamps for general lighting in the daylight ‘‘(II) in the case of lighting power, has the ‘‘(K) STEP DIMMING.—The term ‘step dim- area by not less than 1 multi-level capability to reduce lighting power by not ming’ means a lighting control strategy that photocontrol, including continuous dimming less than 30 percent during a demand re- adjusts the light output of a lighting system devices, that satisfies the following require- sponse period. by 1 or more predetermined amounts of ments: ‘‘(ii) DEMAND RESPONSE PERIOD.—The term greater than 1 percent of full output in a ‘‘(aa) The light sensor for the multi-level ‘demand response period’ means a period in manner that may be perceptible. photocontrol is remote from where calibra- which short-term adjustments in electricity ‘‘(L) TIME SCHEDULING CONTROL.—The term tion adjustments are made. usage are made by end-use customers from ‘time scheduling control’ means a control ‘‘(bb) The calibration adjustments are normal electricity consumption patterns, in- strategy that automatically controls light- readily accessible. cluding adjustments in response to— ing, equipment, or systems based on a par- ‘‘(cc) The multi-level photocontrol reduces ‘‘(I) the price of electricity, and ticular time of day or other daily event (in- electric lighting power in response to the ‘‘(II) participation in programs or services cluding sunrise and sunset).’’. amount of daylight with— that are designed to modify electricity usage (h) TREATMENT OF LIGHTING SYSTEMS.— ‘‘(AA) not less than 1 control step that is in response to wholesale market prices for Section 179D(c)(1) of the Internal Revenue between 50 percent and 70 percent of design electricity or when reliability of the elec- Code of 1986 is amended by striking ‘‘inte- lighting power, and trical system is in jeopardy. rior’’ each place it appears. (i) REPORTING PROGRAM.—Section 179D of ‘‘(BB) not less than 1 control step that is ‘‘(iii) DEMAND RESPONSE SIGNAL.—The term the Internal Revenue Code of 1986, as amend- not less than 35 percent of design lighting ‘demand response signal’ means a signal sent ed by subsection (c)(1), is amended by adding power. to an end-use customer by a local utility, at the end the following new subsection: ‘‘(ii) SUFFICIENT DAYLIGHT.— independent system operator, or designated ‘‘(i) REPORTING PROGRAM.—For purposes of ‘‘(I) IN GENERAL.—The term ‘sufficient day- curtailment service provider or aggregator the report required under section 179F(l), the light’ means— that— Secretary, in consultation with the Sec- ‘‘(aa) in the case of toplighted areas, when ‘‘(I) indicates an adjustment in the price of retary of Energy, shall— the total daylight area under skylights plus electricity, or ‘‘(1) develop a program to collect a statis- the total daylight area under rooftop mon- ‘‘(II) is a request to modify electricity con- tically valid sample of energy consumption itors in an enclosed space is greater than 900 sumption. data from taxpayers that received full deduc- square feet (as defined in Standard 90.1-2010), ‘‘(E) LAMP.—The term ‘lamp’ means an ar- tions under this section, regardless of wheth- and tificial light source that produces optical ra- er such taxpayers allocated all or a portion ‘‘(bb) in the case of sidelighted areas, when diation (including ultraviolet and infrared of such deduction, and the combined primary sidelight area in an radiation). ‘‘(2) include such data in the report, with enclosed space is not less than 250 square ‘‘(F) LUMEN MAINTENANCE CONTROL.—The such redactions as deemed necessary to pro- feet (as defined in Standard 90.1-2010). term ‘lumen maintenance control’ means a tect the personally identifiable information ‘‘(II) EXCEPTIONS.—Sufficient daylight lighting control strategy that maintains of such taxpayers.’’. shall be deemed to not be available if— constant light output by adjusting lamp (j) SPECIAL RULE FOR PARTNERSHIPS AND S ‘‘(aa) in the case of areas described in sub- power to compensate for age and cleanliness CORPORATIONS.—Section 179D of the Internal clause (I)(aa)— of luminaires. Revenue Code of 1986, as amended by sub- ‘‘(AA) for daylighted areas under sky- ‘‘(G) LUMINAIRE.—The term ‘luminaire’ section (i), is amended by adding at the end lights, it is documented that existing adja- means a complete lighting unit for the pro- the following new subsection: cent structures or natural objects block di- duction, control, and distribution of light ‘‘(j) SPECIAL RULE FOR PARTNERSHIPS AND S rect beam sunlight for more than 1500 day- that consists of— CORPORATIONS.—In the case of a partnership time hours (after 8 a.m. and before 4 p.m., ‘‘(i) not less than 1 lamp, and or S corporation, this section shall be ap- local time) per year, ‘‘(ii) any of the following items: plied at the partner or shareholder level, ‘‘(BB) for daylighted areas, the skylight ef- ‘‘(I) Optical control devices designed to dis- subject to such reporting requirements as fective aperture is less than 0.006, or tribute light. are determined appropriate by the Sec- ‘‘(CC) for buildings in climate zone 8, as de- ‘‘(II) Sockets or mountings for the posi- retary.’’. fined under Standard 90.1-2010, the daylight tioning, protection, and operation of the (k) EFFECTIVE DATE.—The amendments areas total less than 1500 square feet in an lamps. made by this section shall apply to property enclosed space, and ‘‘(III) Mechanical components for support placed in service in taxable years beginning ‘‘(bb) in the case of primary sidelighted or attachment. after the date of the enactment of this Act. areas described in subclause (I)(bb)— ‘‘(IV) Electrical and electronic components SEC. 10ll. DEDUCTION FOR RETROFITS OF EX- ‘‘(AA) the top of the existing adjacent for operation and control of the lamps. ISTING COMMERCIAL AND MULTI- structures are at least twice as high above ‘‘(H) MULTI-SCENE CONTROL.—The term FAMILY BUILDINGS. the windows as the distance from the win- ‘multi-scene control’ means a lighting con- (a) IN GENERAL.—Part VI of subchapter B dow, or trol device or system that allows for— of chapter 1 of the Internal Revenue Code of ‘‘(BB) the sidelighting effective aperture is ‘‘(i) not less than 2 predetermined lighting 1986 is amended by inserting after section less than 0.1. settings, 179E the following new section:

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‘‘SEC. 179F. DEDUCTION FOR RETROFITS OF EX- ‘‘(i) IN GENERAL.—With respect to energy- usage intensity of other similar buildings, as ISTING COMMERCIAL AND MULTI- efficient measures placed in service as part described in paragraph (2), FAMILY BUILDINGS. of a certified retrofit plan in a commercial ‘‘(E) requires that after the energy-effi- ‘‘(a) ALLOWANCE OF DEDUCTION.— building or multifamily building on or eligi- cient measures are placed in service, the ‘‘(1) IN GENERAL.—With respect to each cer- ble for the National Register of Historic commercial building or multifamily building tified retrofit plan, there shall be allowed as Places, the respective dollar amounts set meets the applicable State and local building a deduction an amount equal to the lesser forth in the general scale under subpara- code requirements for the area in which such of— graph (A) shall— building is located, ‘‘(A) the sum of— ‘‘(I) each be increased by 20 percent, for the ‘‘(F) satisfies the regulations prescribed ‘‘(i) the design deduction, and purposes of calculating any applicable design under subsection (f), and ‘‘(ii) the realized deduction, or deduction and realized deduction, and ‘‘(G) is submitted to the Secretary of En- ‘‘(B) the total cost to develop and imple- ‘‘(II) not exceed the total cost to develop ergy after energy-efficient measures are ment such certified retrofit plan. and implement such certified retrofit plan. placed in service, for the purpose of inform- ‘‘(2) EXCEPTION.—For purposes of the ‘‘(ii) EXCEPTION.—If the amount described ing the report to Congress required by sub- amount described in paragraph (1)(B), if such in clause (i)(II) is taken as a design deduc- section (l). amount is taken as a design deduction, no tion, then no realized deduction shall be al- ‘‘(2) AVERAGE LEVEL OF ENERGY USAGE IN- realized deduction shall be allowed. lowed. TENSITY.— ‘‘(A) IN GENERAL.—The maximum average ‘‘(b) DEDUCTION AMOUNTS.—For purposes of ‘‘(c) CALCULATION OF ENERGY SAVINGS.— level of energy usage intensity under para- this section— ‘‘(1) IN GENERAL.—For purposes of the de- graph (1)(D) shall not exceed 300,000 British ‘‘(1) DESIGN DEDUCTION.—A design deduc- sign deduction and the realized deduction, thermal units per square foot. tion shall be— source energy savings shall be calculated ‘‘(B) REGULATIONS.— ‘‘(A) based on projected source energy sav- with reference to a baseline of the annual ‘‘(i) IN GENERAL.—The Secretary, in con- ings as calculated in accordance with sub- source energy consumption of the commer- sultation with the Administrator of the En- section (c)(3)(B), cial or multifamily building before energy- vironmental Protection Agency, shall de- ‘‘(B) correlated to the percent of source en- efficient measures were placed in service. velop distinct standards for categories and ‘‘(2) BASELINE BENCHMARK.—The baseline ergy savings set forth in the general scale in subcategories of buildings with respect to under paragraph (1) shall be determined paragraph (3)(A) that a certified retrofit plan maximum average level of energy usage in- using a building energy performance is projected to achieve when energy-efficient tensity based on the best available informa- benchmarking tool designated by the Admin- measures are placed in service, and tion used by the ENERGY STAR program. ‘‘(C) equal to 60 percent of the amount al- istrator of the Environmental Protection ‘‘(ii) REVIEW.—The standards developed Agency, and based upon 1 year of source en- lowed under the general scale. pursuant to clause (i) shall be reviewed and ergy consumption data prior to the date ‘‘(2) REALIZED DEDUCTION.— updated by the Secretary, in consultation upon which the energy-efficient measures ‘‘(A) IN GENERAL.—A realized deduction with the Administrator of the Environ- are placed in service. shall be— mental Protection Agency, not later than ESIGN AND REALIZED SOURCE ENERGY ‘‘(i) based on realized source energy sav- ‘‘(3) D every 3 years. SAVINGS.— ings as calculated in accordance with sub- ‘‘(3) COMMERCIAL BUILDING.— ‘‘(A) IN GENERAL.—In certifying a retrofit section (c)(3)(C), ‘‘(A) IN GENERAL.—The term ‘commercial ‘‘(ii) correlated to the percent of source en- plan as a certified retrofit plan, a licensed building’ means a building located in the ergy savings set forth in the general scale in engineer or architect shall calculate source United States— paragraph (3)(A) as realized by a certified energy savings by utilizing the baseline ‘‘(i) that is in existence and occupied on retrofit plan, and benchmark defined in paragraph (2) and de- the date of the enactment of this section, ‘‘(iii) equal to 40 percent of the amount al- termining percent improvements from such ‘‘(ii) for which a certificate of occupancy lowed under the general scale. baseline. has been issued at least 10 years before en- ‘‘(B) ADJUSTMENT OF SOURCE ENERGY SAV- ‘‘(B) DESIGN DEDUCTION.—For purposes of ergy efficiency measures are placed in serv- INGS.—The percent of source energy savings claiming a design deduction, the regulations ice, and for purposes of any realized deduction may issued under subsection (f)(1) shall prescribe ‘‘(iii) with a primary use or purpose other vary from such savings projected when en- the standards and process for a licensed engi- than as residential housing. ergy-efficient measures were placed in serv- neer or architect to calculate and certify ‘‘(B) SHOPPING CENTERS.—In the case of a ice for purposes of a design deduction under source energy savings projected from the de- retail shopping center, the term ‘commercial paragraph (1). sign of a certified retrofit plan as of the date building’ shall include an area within such ‘‘(C) NO RECAPTURE OF DESIGN DEDUCTION.— energy-efficient measures are placed in serv- building that is— Notwithstanding the regulations prescribed ice. ‘‘(i) 50,000 square feet or larger that is cov- under subsection (f), no recapture of a design ‘‘(C) REALIZED DEDUCTION.—For purposes of ered by a separate utility grade meter to deduction shall be required where the owner claiming a realized deduction, a licensed en- record energy consumption in such area, and of the commercial or multifamily building— gineer or architect shall calculate and cer- ‘‘(ii) under the day-to-day management ‘‘(i) claims or allocates a design deduction tify source energy savings realized by a cer- and operation of— when energy-efficient measures are placed tified retrofit plan 2 years after a design de- ‘‘(I) the owner of such building as common into service pursuant to the terms and condi- duction is allowed by utilizing energy con- space areas, or tions of a certified retrofit plan, and sumption data after energy-efficient meas- ‘‘(II) a retail tenant, lessee, or other occu- ‘‘(ii) is not eligible for or does not subse- ures are placed in service, and adjusting for pant. quently claim or allocate a realized deduc- climate, building occupancy hours, density, ‘‘(4) ENERGY-EFFICIENT MEASURES.—The tion. or other factors deemed appropriate in the term ‘energy-efficient measures’ means a ‘‘(3) GENERAL SCALE.— benchmarking tool designated under para- measure, or combination of measures, placed ‘‘(A) IN GENERAL.—The scale for deductions graph (2). in service through a certified retrofit plan— allowed under this section shall be— ‘‘(d) CERTIFIED RETROFIT PLAN AND OTHER ‘‘(A) on or in a commercial building or ‘‘(i) $1.00 per square foot of retrofit floor DEFINITIONS.—For purposes of this section— multifamily building, area for 20 to 24 percent source energy sav- ‘‘(1) CERTIFIED RETROFIT PLAN.—The term ‘‘(B) as part of— ings, ‘certified retrofit plan’ means a plan that— ‘‘(i) the lighting systems, ‘‘(ii) $1.50 per square foot of retrofit floor ‘‘(A) is designed to reduce the annual ‘‘(ii) the heating, cooling, ventilation, re- area for 25 to 29 percent source energy sav- source energy costs of a commercial build- frigeration, or hot water systems, ings, ing, or a multifamily building, through the ‘‘(iii) building transportation systems, ‘‘(iii) $2.00 per square foot of retrofit floor installation of energy-efficient measures, such as elevators and escalators, area for 30 to 34 percent source energy sav- ‘‘(B) is certified under penalty of perjury ‘‘(iv) the building envelope, which may in- ings, by a licensed engineer or architect, who is clude an energy-efficient cool roof, ‘‘(iv) $2.50 per square foot of retrofit floor not a direct employee of the owner of the ‘‘(v) a continuous commissioning contract area for 35 to 39 percent source energy sav- commercial building or multifamily building under the supervision of a licensed engineer ings, that is the subject of the plan, and is li- or architect, or ‘‘(v) $3.00 per square foot of retrofit floor censed in the State in which such building is ‘‘(vi) building operations or monitoring area for 40 to 44 percent source energy sav- located, systems, including utility-grade meters and ings, ‘‘(C) describes the square footage of ret- submeters, and ‘‘(vi) $3.50 per square foot of retrofit floor rofit floor area covered by such a plan, ‘‘(C) including equipment, materials, and area for 45 to 49 percent source energy sav- ‘‘(D) specifies that it is designed to achieve systems within subparagraph (B) with re- ings, and a final source energy usage intensity after spect to which depreciation (or amortization ‘‘(vii) $4.00 per square foot of retrofit floor energy-efficient measures are placed in serv- in lieu of depreciation) is allowed. area for 50 percent or more source energy ice in a commercial building or a multi- ‘‘(5) ENERGY SAVINGS.—The term ‘energy savings. family building that does not exceed on a savings’ means source energy usage inten- ‘‘(B) HISTORIC BUILDINGS.— square foot basis the average level of energy sity reduced on a per square foot basis

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Such per- TION.—The Secretary and the Secretary of ‘‘(A) means— son shall be treated as the taxpayer for pur- Energy shall share information on deduc- ‘‘(i) a structure of 5 or more dwelling units poses of this section and shall include a tions allowed under this section and related located in the United States— building tenant, financier, architect, profes- reports submitted, as requested by each ‘‘(I) that is in existence and occupied on sional engineer, licensed contractor, energy agency to fulfill its obligations under this the date of the enactment of this section, services company, or other building profes- section, with such redactions as deemed nec- ‘‘(II) for which a certificate of occupancy sional. essary to protect the personally identifiable has been issued at least 10 years before en- ‘‘(2) FORM OF ALLOCATION.—An allocation financial information of a taxpayer. ergy efficiency measures are placed in serv- made under this paragraph shall be in writ- ‘‘(3) INCORPORATION INTO DEPARTMENT OF ice, and ing and in a form that meets the form of al- ENERGY PROGRAMS.—The Secretary of Energy ‘‘(III) with a primary use as residential location requirements in Notice 2008–40 of shall, to the maximum extent practicable, housing, and the Internal Revenue Service. incorporate conclusions of the report under ‘‘(B) includes such buildings owned and op- ‘‘(3) PROVISION OF ALLOCATION.—Not later this subsection into current Department of erated as a condominium, cooperative, or than 30 days after receipt of a written re- Energy building performance and energy ef- other common interest community. quest from a person eligible to receive an al- ficiency data collection and other reporting ‘‘(7) SOURCE ENERGY.—The term ‘source en- location under this paragraph, the owner of programs.’’. ergy’ means the total amount of raw fuel a building that makes an allocation under (b) EFFECT ON DEPRECIATION ON EARNINGS that is required to operate a commercial this paragraph shall provide the form of allo- AND PROFITS.—Subparagraph (B) of section building or multifamily building, and ac- cation (as described in paragraph (2)) to such 312(k)(3) of the Internal Revenue Code of counts for losses that are incurred in the person. 1986, as amended by this Act, is amended— generation, storage, transport, and delivery ‘‘(4) ALLOCATION FROM PUBLIC OWNER OF (1) by striking ‘‘or 179E’’ both places it ap- of fuel to such a building. BUILDING.—In the case of a commercial build- pears in clause (i) and inserting ‘‘179E, or ‘‘(e) TIMING OF CLAIMING DEDUCTIONS.—De- ing or a multifamily building that is owned 179F’’, ductions allowed under this section may be by a Federal, State, or local government or (2) by striking ‘‘OR 179E’’ in the heading and claimed as follows: a subdivision thereof, Notice 2006–52 of the inserting ‘‘179E, OR 179F’’, and ‘‘(1) DESIGN DEDUCTION.—In the case of a Internal Revenue Service, as amplified by (3) by inserting ‘‘or 179F’’ after ‘‘section design deduction, in the taxable year that Notice 2008–40, shall apply to any allocation. 179D’’ in clause (ii)(I). energy efficiency measures are placed in ‘‘(i) BASIS REDUCTION.—For purposes of this (c) CONFORMING AMENDMENT.—The table of service. subtitle, if a deduction is allowed under this sections for part VI of subchapter B of chap- ‘‘(2) REALIZED DEDUCTION.—In the case of a section with respect to any energy-efficient ter 1 of the Internal Revenue Code of 1986 is realized deduction, in the second taxable measures placed in service under a certified amended by inserting after the item relating year following the taxable year described in retrofit plan other than in a qualified low-in- to section 179E the following new item: paragraph (1). come building (within the meaning of sec- ‘‘Sec. 179F. Deduction for retrofits of exist- ‘‘(f) REGULATIONS.— tion 42), the basis of such measures shall be ing commercial and multi- ‘‘(1) IN GENERAL.—Not later than 180 days reduced by the amount of the deduction so family buildings.’’. after the date of the enactment of this sec- allowed or so allocated. (d) EFFECTIVE DATE.—The amendments tion, and after notice and opportunity for ‘‘(j) SPECIAL RULE FOR PARTNERSHIPS AND S made by this section shall apply to property public comment, the Secretary, in consulta- CORPORATIONS.—In the case of a partnership placed in service in taxable years beginning tion with the Secretary of Energy and the or S corporation, this section shall be ap- after the date of the enactment of this Act. Administrator of the Environmental Protec- plied at the partner or shareholder level, tion Agency, shall prescribe regulations— subject to such reporting requirements as SA 3133. Ms. HIRONO submitted an ‘‘(A) for the manner and method for a li- are determined appropriate by the Secretary. amendment intended to be proposed to censed engineer or architect to certify ret- ‘‘(k) TAX INCENTIVES NOT AVAILABLE.— amendment SA 2953 proposed by Ms. rofit plans, model projected energy savings, ‘‘(1) ENERGY EFFICIENT COMMERCIAL BUILD- MURKOWSKI to the bill S. 2012, to pro- and calculate realized energy savings, and INGS DEDUCTION.—Energy-efficient measures vide for the modernization of the en- for which a deduction is allowed under this ‘‘(B) notwithstanding subsection (b)(2)(C), ergy policy of the United States, and to provide, as appropriate, for a recapture of section shall not be eligible for a deduction under section 179D. for other purposes; which was ordered the deductions allowed under this section if to lie on the table; as follows: a retrofit plan is not fully implemented, or a ‘‘(2) NEW ENERGY EFFICIENT HOME CREDIT.— retrofit plan and energy savings are not cer- No deduction shall be allowed under this sec- On page 300, line 18, insert ‘‘, awarded in a tified or verified in accordance with regulation with respect to any building or dwelling manner that provides a preference to stu- tions prescribed under this subsection. unit with respect to which a credit under dents who are veterans’’ before the semi- ‘‘(2) RELIANCE ON ESTABLISHED PROTOCOLS, section 45L was allowed. colon at the end. ‘‘(l) REPORT TO CONGRESS.— ETC.—To the maximum extent practicable SA 3134. Mr. COONS (for himself, Mr. and available, such regulations shall rely ‘‘(1) IN GENERAL.—Biennially, beginning upon established protocols and documents with the first year after the enactment of REED, Mrs. SHAHEEN, and Ms. COLLINS) used in the ENERGY STAR program, and in- this section, the Secretary, in conjunction submitted an amendment intended to dustry best practices and existing guidelines, with the Secretary of Energy, shall submit a be proposed to amendment SA 2953 pro- such as the Building Energy Modeling Guide- report to Congress that— posed by Ms. MURKOWSKI to the bill S. lines of the Commercial Energy Services ‘‘(A) explains the energy saved, the energy- 2012, to provide for the modernization Network (COMNET). efficient measures implemented, the realiza- of the energy policy of the United tion of energy savings projected, and records ‘‘(3) ALLOWANCE OF DEDUCTIONS PENDING the amounts and types of deductions allowed States, and for other purposes; which ISSUANCE OF REGULATIONS.—Pending issuance under this section, was ordered to lie on the table; as fol- of the regulations under paragraph (1), the lows: owner of a commercial building or a multi- ‘‘(B) explains the energy saved, the energy family building shall be allowed to claim or efficient measures implemented, and records On page 67, lines 3 and 4, strike ‘‘not less allocate a deduction allowed under this sec- the amount of deductions allowed under sec- than’’. tion. tion 179D, based on the data collected pursu- Mrs. MCCASKILL submitted ‘‘(g) NOTICE TO OWNER.—Each certification ant to subsection (i) of such section, SA 3135. of a retrofit plan and calculation of energy ‘‘(C) determines the number of jobs created an amendment intended to be proposed savings required under this section shall in- as a result of the deduction allowed under to amendment SA 2953 proposed by Ms. clude an explanation to the owner of a com- this section, MURKOWSKI to the bill S. 2012, to pro- mercial building or a multifamily building ‘‘(D) determines how the use of any deduc- vide for the modernization of the en- regarding the energy-efficient measures tion allowed under this section may be im- ergy policy of the United States, and placed in service and their projected and re- proved, based on the information provided to for other purposes; which was ordered alized annual energy costs. the Secretary of Energy, ‘‘(h) ALLOCATION OF DEDUCTION.— ‘‘(E) provides aggregated data with respect to lie on the table; as follows: ‘‘(1) IN GENERAL.—Not later than 180 days to the information described in subpara- At the end of title III, add the following: after the date of the enactment of this sec- graphs (A) through (D), and Subtitle I—Purchase Power Drought Fund tion, the Secretary, in consultation with the ‘‘(F) provides statutory recommendations SEC. 3801. ESTABLISHMENT OF PURCHASE Secretary of Energy, shall promulgate a reg- to Congress that would reduce energy con- POWER DROUGHT FUND. ulation to allow the owner of a commercial sumption in new and existing commercial (a) DEFINITIONS.—In this section: building or a multifamily building, including buildings located in the United States, in- (1) ADMINISTRATOR.—The term ‘‘Adminis- a government, tribal, or non-profit owner, to cluding recommendations on providing en- trator’’ means the Administrator of the allocate any deduction allowed under this ergy-efficient tax incentives for subsections Southwestern Power Administration.

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(2) FUND.—The term ‘‘Fund’’ means the with respect to electricity produced and sold PACT STATEMENTS, ENVIRONMENTAL ASSESS- Purchase Power Drought Fund established at a facility during any period which, when MENTS, AND ECONOMIC ASSESSMENTS.— under subsection (c). aggregated with all other periods for which a (1) IN GENERAL.—Title V of the Surface (3) PURCHASE POWER DROUGHT ADDER.—The credit is allowed under this section with re- Mining Control and Reclamation Act of 1977 term ‘‘purchase power drought adder’’ means spect to electricity produced and sold at (30 U.S.C. 1251 et seq.) is amended by adding the special rate component assessed under such facility, is in excess of 10 years.’’. at the end the following: subsection (b)(1). (b) EFFECTIVE DATE.—The amendment ‘‘SEC. 530. PUBLICATION OF SCIENTIFIC PROD- (b) SPECIAL RATE COMPONENT.— made by this section shall take effect on UCTS FOR RULES AND RELATED EN- (1) IN GENERAL.—Notwithstanding section January 1, 2017. VIRONMENTAL IMPACT STATE- 3302 of title 31, United States Code, the Ad- MENTS, ENVIRONMENTAL ASSESS- ministrator may assess a special rate compo- SA 3137. Mr. UDALL (for himself and MENTS, AND ECONOMIC ASSESS- MENTS. nent to be known as a ‘‘purchase power Mr. HEINRICH) submitted an amend- ‘‘(a) DEFINITIONS.—In this section: drought adder’’ independent of and in addi- ment intended to be proposed to ‘‘(1) AGENCY ACTION.—The term ‘agency action to other existing rate components. amendment SA 2953 proposed by Ms. tion’ has the meaning given the term in sec- (2) COLLECTION OF AMOUNTS.—The Adminis- MURKOWSKI to the bill S. 2012, to pro- tion 551 of title 5, United States Code. trator shall— vide for the modernization of the en- ‘‘(2) BACKGROUND INFORMATION.—The term (A) collect amounts from the purchase ergy policy of the United States, and ‘background information’ means— power drought adder in advance of need; and for other purposes; which was ordered ‘‘(A) a biographical document, including a (B) deposit those amounts in the Fund for to lie on the table; as follows: curriculum vitae or resume, that details the use in accordance with subsection (c)(1). exhaustive, professional work history, edu- (3) LIMITATION.—The purchase power On page 302, strike lines 6 through 9 and insert the following: cation, and any professional memberships of drought adder shall not be used to offset or a person; and displace other charges made in the normal (2) SECRETARIAL ORDER NOT AFFECTED.— This subtitle shall not apply to any mineral ‘‘(B) the amount and date of any Federal course of the rate setting process of the grants or contracts received by that person. Southwestern Power Administration. described in Secretarial Order No. 3324, ‘‘(3) ECONOMIC ASSESSMENT.—The term (c) ESTABLISHMENT OF FUND.— issued by the Secretary of the Interior on ‘economic assessment’ means any assess- (1) IN GENERAL.—The Secretary of the December 3, 2012, in any area to which the ment prepared by a Federal agency in ac- Treasury shall establish in the Treasury of order applies. cordance with section 6(a)(3)(C) of Executive the United States a separate fund to be Order 12866 (5 U.S.C. 601 note; relating to reg- known as the ‘‘Purchase Power Drought SA 3138. Mrs. SHAHEEN (for herself ulatory planning and review). Fund’’, from which the Administrator may and Ms. COLLINS) submitted an amend- ‘‘(4) ENVIRONMENTAL ASSESSMENT.—The use amounts during extended below-average ment intended to be proposed by her to term ‘environmental assessment’ has the water conditions— the bill S. 2012, to provide for the mod- meaning given the term in section 1508.9 of (A) for necessary expenses of the South- ernization of the energy policy of the title 40, Code of Federal Regulations. western Power Administration for purchase United States, and for other purposes; ‘‘(5) ENVIRONMENTAL IMPACT STATEMENT.— power and wheeling; and which was ordered to lie on the table; The term ‘environmental impact statement’ (B) to minimize the use, during those con- as follows: means any environmental impact statement ditions, of the continuing fund established At the end, add the following: or similar analysis required under the Na- by the matter under the heading ‘‘OFFICE OF tional Environmental Policy Act of 1969 (42 THE SECRETARY’’ in title I of the Interior De- TITLE VI—MISCELLANEOUS U.S.C. 4321 et seq.). partment Appropriation Act, 1950 (16 U.S.C. SEC. 6001. NATIONAL RECREATIONAL PASSES ‘‘(6) PUBLICLY AVAILABLE.—The term ‘pub- 825s–1). FOR DISABLED VETERANS. licly available’ means published online on— (2) DEPOSITS.—The Administrator shall de- Section 805(b) of the Federal Lands Recre- ‘‘(A) a publicly accessible website that al- posit in the Fund the amounts collected ation Enhancement Act (16 U.S.C. 6804(b)) is lows the submission of comments on pro- from the assessment of the purchase power amended— posed regulations and related documents drought adder under subsection (b) and such (1) by striking paragraph (2) and inserting published by the Federal Government; amounts shall be available to the Adminis- the following: ‘‘(B) a publicly accessible website of the trator without further appropriation or fis- ‘‘(2) DISABILITY DISCOUNT.—The Secretary Secretary; and cal year limitation. shall make the National Parks and Federal ‘‘(C) the website of the Federal Register. (3) LIMITATION.—The Administrator shall Recreational Lands Pass available, without ‘‘(7) RAW DATA.—The term ‘raw data’ expend from the Fund only those amounts charge and for the lifetime of the passholder, means any computational process or quan- collected and deposited in advance. to the following: ‘‘(A) Any United States citizen or person titative or qualitative data processed from a Mr. MENENDEZ (for him- domiciled in the United States who has been source that is relied upon in a scientific SA 3136. product to support a finding or observation. OLLINS LOBUCHAR medically determined to be permanently dis- self, Ms. C , and Ms. K ) ‘‘(8) RELIED UPON.—The term ‘relied upon’ submitted an amendment intended to abled for purposes of section 7(20)(B)(i) of the Rehabilitation Act of 1973 (29 U.S.C. means explicitly cited or referenced in a be proposed to amendment SA 2953 pro- 705(20)(B)(i)), if the citizen or person provides rule, environmental impact statement, envi- posed by Ms. MURKOWSKI to the bill S. adequate proof of the disability and such ronmental assessment, or economic assess- 2012, to provide for the modernization citizenship or residency. ment. of the energy policy of the United ‘‘(B) Any veteran with a service-connected ‘‘(9) RULE.—The term ‘rule’ has the mean- States, and for other purposes; which disability, as defined in section 101 of title ing given the term in section 551 of title 5, was ordered to lie on the table; as fol- 38, United States Code.’’; and United States Code. ‘‘(10) SCIENTIFIC METHOD.—The term ‘sci- lows: (2) by adding at the end the following: ‘‘(3) ADJUSTMENT OF ENTRANCE FEES.—The entific method’ means a method of research At the appropriate place, insert the fol- Secretary shall adjust entrance fees applica- under which— lowing: ble to individuals that are not holders of a ‘‘(A) a problem is identified; SEC. lll. SPECIAL RULE FOR CERTAIN FACILI- pass made available under paragraph (2)(B) ‘‘(B) relevant data are gathered; TIES. in a manner so as to maintain total re- ‘‘(C) a hypothesis is formulated from the (a) IN GENERAL.—Section 45(e) of the Inter- ceipts.’’. data; and nal Revenue Code of 1986 is amended by add- ‘‘(D) the hypothesis is empirically tested in ing at the end the following new paragraph: SA 3139. Mr. COATS (for himself, Mr. a manner specified by documented protocols ‘‘(12) SPECIAL RULE FOR CERTAIN QUALIFIED MANCHIN, and Mrs. CAPITO) submitted and procedures. FACILITIES.— an amendment intended to be proposed ‘‘(11) SCIENTIFIC PRODUCT.—The term ‘sci- ‘‘(A) IN GENERAL.—In the case of electricity to amendment SA 2953 proposed by Ms. entific product’ means any product that— produced at a qualified facility described in ‘‘(A) employs the scientific method for MURKOWSKI to the bill S. 2012, to pro- paragraph (3) or (7) of subsection (d) and inventorying, monitoring, experimenting, placed in service before the date of the en- vide for the modernization of the en- studying, researching, and modeling pur- actment of this paragraph, a taxpayer may ergy policy of the United States, and poses; elect to apply subsection (a)(2)(A)(ii) by sub- for other purposes; which was ordered ‘‘(B) is relied upon by the Secretary in de- stituting ‘the period beginning after Decem- to lie on the table; as follows: velopment of any rule, environmental im- ber 31, 2016, and ending before January 1, At the end of subtitle E of title IV, add the pact statement, environmental assessment, 2018’ for ‘the 10-year period beginning on the following: or economic assessment; and date the facility was originally placed in SEC. 44ll. ENSURING SCIENTIFIC TRANS- ‘‘(C) is not protected under copyright laws. service’. PARENCY IN THE DEVELOPMENT OF ‘‘(b) REQUIREMENTS.—The Secretary shall— ‘‘(B) LIMITATION.—No credit shall be al- ENVIRONMENTAL REGULATIONS. ‘‘(1) make publicly available on the date of lowed under subsection (a) to any taxpayer (a) PUBLICATION OF SCIENTIFIC PRODUCTS the publication of any draft, final, emer- making an election under this paragraph FOR RULES AND RELATED ENVIRONMENTAL IM- gency, or supplemental rule under this Act,

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.056 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S398 CONGRESSIONAL RECORD — SENATE January 28, 2016 or any related environmental impact state- was ordered to lie on the table; as fol- (A) any outstanding agency action that is ment, environmental assessment, or eco- lows: required with respect to the permit; and nomic assessment, each scientific product (B) any approval or required comment that At the end of part IV of subtitle A of title the Secretary relied upon in developing the has exceeded statutory or agency timelines III, add the following: rule, environmental impact statement, envi- for completion, including an identification of ronmental assessment, or economic assess- SEC. 30ll. POLICIES RELATING TO BIOMASS EN- any Federal agency, department, or field of- ERGY. ment; and fice that has not met the applicable ‘‘(2) for those scientific products receiving To support the key role that forests in the timeline. United States can play in addressing the en- Federal funds, also make publicly avail- (d) POINT OF CONTACT.—The Federal En- able— ergy needs of the United States, the Sec- ergy Regulatory Commission shall provide a ‘‘(A) the raw data used for the federally retary, the Secretary of Agriculture, and the unified point of contact for— funded scientific product; and Administrator of the Environmental Protec- (1) resolving interagency or intraagency ‘‘(B) background information of the au- tion Agency shall jointly— issues or delays with respect to wind permit- thors of the scientific study. (1) ensure that Federal policy relating to ting; and forest bioenergy— ‘‘(c) COMPLIANCE.— (2) receiving and resolving complaints from (A) is consistent across all Federal depart- ‘‘(1) IN GENERAL.—Subject to paragraph (2), parties with outstanding or in-process appli- failure to comply with the publication re- ments and agencies; and cations relating to wind permitting. quirements of subsection (b)— (B) recognizes the full benefits of the use of ‘‘(A) with respect to draft or supplemental forest biomass for energy, conservation, and SA 3142. Mr. THUNE submitted an rules, environmental impact statements, en- responsible forest management; and amendment intended to be proposed to vironmental assessments, or economic as- (2) establish clear and simple policies for amendment SA 2953 proposed by Ms. the use of biomass as an energy solution, in- sessments shall extend by 1 day the notice MURKOWSKI to the bill S. 2012, to pro- and comment period for each day of non- cluding policies that— (A) reflect the carbon-neutrality of forest vide for the modernization of the en- compliance; or ergy policy of the United States, and ‘‘(B) with respect to final or emergency bioenergy; rules, shall delay the effective date of the (B) recognize biomass as a renewable en- for other purposes; which was ordered final rule by 60 days plus an additional day ergy source; to lie on the table; as follows: for each day of noncompliance. (C) encourage private investment through- On page 253, strike lines 21 through 25 and out the biomass supply chain, including in— ‘‘(2) WITHDRAWAL.—If the Secretary fails to insert the following: comply with the publication requirements of (i) working forests; Defense; subsection (b) for more than 180 days after (ii) harvesting operations; ‘‘(10) to identify and support opportunities the date of publication of any rule, or any re- (iii) forest improvement operations; to pair hydrokinetic generation with exist- lated environmental impact statement, envi- (iv) bioenergy; ing hydroelectric dam facilities operated by ronmental assessment, or economic assess- (v) wood products; and the Corps of Engineers; and ment, under this Act, the Secretary shall (vi) paper manufacturing; ‘‘(11) to support in-water technology devel- withdraw the rule, environmental impact (D) encourage forest management to im- opment with international partners using ex- statement, environmental assessment, or prove forest health; and isting cooperative procedures (including economic assessment.’’. (E) recognize State initiatives to use bio- memoranda of understanding)— mass. (2) CONFORMING AMENDMENT.—The table of f contents for the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et SA 3141. Mr. THUNE submitted an NOTICE OF INTENT TO OBJECT TO seq.) is amended by inserting after the item amendment intended to be proposed to PROCEEDING amendment SA 2953 proposed by Ms. relating to section 529 the following: I, Senator CHARLES E. GRASSLEY, in- ‘‘Sec. 530. Publication of scientific products MURKOWSKI to the bill S. 2012, to pro- tend to object to proceeding to S. 2415, for rules and related environ- vide for the modernization of the en- a bill to implement integrity measures mental impact statements, energy policy of the United States, and to strengthen the EB–5 Regional Cen- vironmental assessments, and for other purposes; which was ordered economic assessments.’’. ter Program in order to promote and to lie on the table; as follows: reform foreign capital investment and (b) COMPLIANCE WITH OTHER FEDERAL At the end of title III, add the following: LAWS.—Section 702 of the Surface Mining job creation in American communities; Control and Reclamation Act of 1977 (30 Subtitle I—Wind Energy dated January 28, 2016. U.S.C. 1292) is amended— SEC. 3801. INTERAGENCY RAPID RESPONSE TEAM f (1) by redesignating subsections (c) and (d) FOR WIND ENERGY. as subsection (e) and (f), respectively; and (a) ESTABLISHMENT.—There is established AUTHORITY FOR COMMITTEES TO (2) by inserting after subsection (b) the fol- an interagency rapid response team, to be MEET lowing: known as the ‘‘Interagency Rapid Response COMMITTEE ON ARMED SERVICES ‘‘(c) COMPLIANCE WITH OTHER FEDERAL Team for Wind Energy’’ (referred to in this section as the ‘‘Team’’), to expedite and im- Ms. MURKOWSKI. Mr. President, I LAWS.—Nothing in this Act authorizes the ask unanimous consent that the Com- Secretary to take any action by rule, inter- prove the permitting process for wind gen- pretive rule, policy, regulation, notice, or eration on Federal land and non-Federal mittee on Armed Services be author- order that duplicates any action taken under land. ized to meet during the session of the an Act referred to in subsection (a) (includ- (b) MEMBERSHIP.—The Team shall be com- Senate on January 28, 2016, at 9:30 a.m. ing regulations and rules). prised of representatives from— The PRESIDING OFFICER. Without ‘‘(d) DEFERENCE TO IMPLEMENTING AGENCIES (1) the Department; objection, it is so ordered. (2) the Federal Energy Regulatory Com- AND STATE AUTHORITIES.—In carrying out COMMITTEE ON FINANCE mission; this Act (including rules, interpretive rules, Ms. MURKOWSKI. Mr. President, I policies, regulations, notices, or orders), the (3) the Department of the Interior; Secretary— (4) the Department of Defense; ask unanimous consent that the Com- ‘‘(1) shall defer to the determinations of an (5) the Department of Agriculture; mittee on Finance be authorized to agency or State authority implementing an (6) the Department of Commerce; meet during the session of the Senate Act referred to in subsection (a) with respect (7) the Environmental Protection Agency; on January 28, 2016, at 9:30 a.m., in to any agency action under the jurisdiction (8) the Advisory Council on Historic Pres- room SD–215 of the Dirksen Senate Of- of the agency or State authority, as applica- ervation; fice Building, to conduct a hearing en- ble; and (9) the Federal Aviation Administration; titled ‘‘Helping Americans Prepared for and ‘‘(2) shall not make any determination re- Retirement: Increasing Access, Partici- garding any agency action subject to an Act (10) the Council on Environmental Quality. referred to in subsection (a).’’. (c) DUTIES.—The Team shall— pation and Coverage in Retirement (1) establish clear timelines for the review Savings Plans.’’ SA 3140. Ms. COLLINS (for herself, of projects; The PRESIDING OFFICER. Without Ms. KLOBUCHAR, and Mr. KING) sub- (2) facilitate coordination and unified envi- objection, it is so ordered. mitted an amendment intended to be ronmental documentation among wind COMMITTEE ON FOREIGN RELATIONS proposed to amendment SA 2953 pro- project applicants, Federal agencies, States, Ms. MURKOWSKI. Mr. President, I and Indian tribes involved in the siting and posed by Ms. MURKOWSKI to the bill S. permitting processes; and ask unanimous consent that the Com- 2012, to provide for the modernization (3) regularly notify all participating mem- mittee on Foreign Relations be author- of the energy policy of the United bers of the Team involved in any specific ized to meet during the session of the States, and for other purposes; which permit of— Senate on January 28, 2016, at 10 a.m.

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.059 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S399 The PRESIDING OFFICER. Without EXECUTIVE SESSION The following named officer for appoint- objection, it is so ordered. ment the Reserve of the Army to the grade indicated under title 10, U.S.C., section 12203: COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS EXECUTIVE CALENDAR To be brigadier general Ms. MURKOWSKI. Mr. President, I Mr. MCCONNELL. Mr. President, I Col. Jeffrey C. Coggin ask unanimous consent that the Com- ask unanimous consent that the Sen- The following named officer for appoint- mittee on Health, Education, Labor, ate proceed to executive session for the ment the Reserve of the Army to the grade indicated under title 10, U.S.C., section 12203: and Pensions be authorized to meet consideration of Calendar Nos. 449 To be brigadier general during the session of the Senate on through 457 and all nominations on the January 28, 2016, at 10 a.m., in room Secretary’s desk in the Air Force, Col. Kevin C. Wulfhorst SD–430 of the Dirksen Senate Office Army, Marine Corps, and Navy; that NOMINATIONS PLACED ON THE SECRETARY’S Building to conduct a hearing entitled the nominations be confirmed en bloc DESK ‘‘Generic Drug User Fee Amendments: and the motions to reconsider be con- IN THE AIR FORCE Accelerating Patient Access to Generic sidered made and laid upon the table PN1010 AIR FORCE nominations (2) begin- with no intervening action or debate; ning PETER L. REYNOLDS, and ending Drugs.’’ CHRISTOPHER P. CALDER, which nomina- The PRESIDING OFFICER. Without that no further motions be in order; tions were received by the Senate and ap- objection, it is so ordered. that any statements related to the peared in the Congressional Record of De- COMMITTEE ON THE JUDICIARY nominations be printed in the RECORD; cember 14, 2015. Ms. MURKOWSKI. Mr. President, I that the President be immediately no- PN1011 AIR FORCE nomination of Jeremy tified of the Senate’s action and the W. Cannon, which was received by the Sen- ask unanimous consent that the Com- ate and appeared in the Congressional mittee on the Judiciary be authorized Senate then resume legislative session. The PRESIDING OFFICER. Without Record of December 14, 2015. to meet during the session of the Sen- PN1012 AIR FORCE nomination of Ted W. ate on January 28, 2016, at 10 a.m., in objection, it is so ordered. Lieu, which was received by the Senate and room SD–226 of the Dirksen Senate Of- The nominations considered and con- appeared in the Congressional Record of De- fice Building. firmed en bloc are as follows: cember 14, 2015. The PRESIDING OFFICER. Without IN THE AIR FORCE PN1013 AIR FORCE nominations (4) beginning JODENE M. ALEXANDER, and ending objection, it is so ordered. The following named officer for appointment in the United States Air Force to the DEBORAH J. ROBINSON, which nomina- COMMITTEE ON SMALL BUSINESS AND grade indicated while assigned to a position tions were received by the Senate and ap- ENTREPRENEURSHIP of importance and responsibility under title peared in the Congressional Record of De- Ms. MURKOWSKI. Mr. President, I 10, U.S.C., section 601: cember 14, 2015. PN1014 AIR FORCE nominations (5) begin- ask unanimous consent that the Com- To be lieutenant general mittee on Small Business and Entre- ning JOHN LOUIS ARENDALE, II, and end- Lt. Gen. Anthony J. Rock ing MINH-TRI BA TRINH, which nomina- preneurship be authorized to meet dur- The following named officer for appoint- tions were received by the Senate and ap- ing the session of the Senate on Janu- ment in the United States Air Force to the peared in the Congressional Record of De- ary 28, 2016, at 10 a.m. in room SR–428A grade indicated under title 10, U.S.C., section cember 14, 2015. of the Russell Senate Office Building to 624: PN1015 AIR FORCE nominations (13) beginning BONNIE JOY BOSLER, and ending conduct a hearing entitled ‘‘Reauthor- To be brigadier general LIANE L. WEINBERGER, which nomina- ization of the SBIR/STTR Programs— Col. James H. Dienst The Importance of Small Business In- tions were received by the Senate and ap- The following named officers for appoint- peared in the Congressional Record of De- novation to National and Economic Se- ment in the United States Air Force to the cember 14, 2015. curity.’’ grade indicated under title 10, U.S.C., section PN1016 AIR FORCE nominations (14) begin- The PRESIDING OFFICER. Without 624: ning ARDEN B. ANDERSEN, and ending objection, it is so ordered. To be brigadier general MARK A. ZELKOVIC, which nominations were received by the Senate and appeared in PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Col. John J. Degoes the Congressional Record of December 14, Ms. MURKOWSKI. Mr. President, I Col. Mark A. Koeniger 2015. ask unanimous consent that the Per- The following named officers for appoint- PN1017 AIR FORCE nomination of Todd manent Subcommittee on Investiga- ment in the Reserve of the Air Force to the Andrew Luce, which was received by the tions of the Committee on Homeland grade indicated under title 10, U.S.C., section Senate and appeared in the Congressional Security and Governmental Affairs be 12203: Record of December 14, 2015. authorized to meet during the session To be major general PN1018 AIR FORCE nominations (2) begin- of the Senate on January 28, 2016, at 10 Brig. Gen. James R. Barkley ning LEBANE S. HALL, and ending DAVID F. PENDLETON, which nominations were re- a.m., to conduct a hearing entitled Brig. Gen. Kimberly A. Crider Brig. Gen. David B. O’Brien ceived by the Senate and appeared in the ‘‘The Department of Health and Human Congressional Record of December 14, 2015. Services’ Placement of Migrant Chil- Brig. Gen. Eric S. Overturf Brig. Gen. Walter J. Sams PN1019 AIR FORCE nominations (3) begin- dren: Vulnerabilities to Human Traf- Brig. Gen. John P. Stokes ning WILLIAM CHARLES DUNLAP, and ficking.’’ Brig. Gen. Curtis L. Williams ending ROBERT K. MCGHEE, which nomina- The PRESIDING OFFICER. Without Brig. Gen. Edward P. Yarish tions were received by the Senate and ap- objection, it is so ordered. peared in the Congressional Record of De- The following Air National Guard of the cember 14, 2015. SELECT COMMITTEE ON INTELLIGENCE United States officer for appointment in the PN1020 AIR FORCE nominations (9) begin- Ms. MURKOWSKI. Mr. President, I Reserve of the Air Force to the grade indi- ning DAWN D. BELLACK, and ending AN- ask unanimous consent that the Select cated under title 10, U.S.C., sections 12203 DREW J. TURNER, which nominations were and 12212: Committee on Intelligence be author- received by the Senate and appeared in the ized to meet during the session of the To be brigadier general Congressional Record of December 14, 2015. Col. Paige P. Hunter PN1021 AIR FORCE nominations (109) be- Senate on January 28, 2016, at 2:30 p.m. ginning KATHERINE E. AASEN, and ending The following Air National Guard of the The PRESIDING OFFICER. Without CHRISTOPHER M. ZIDEK, which nomina- United States officer for appointment in the objection, it is so ordered. tions were received by the Senate and ap- Reserve of the Air Force to the grade indi- peared in the Congressional Record of De- cated under title 10, U.S.C., sections 12203 f cember 14, 2015. and 12212: PN1022 AIR FORCE nominations (6) begin- PRIVILEGES OF THE FLOOR To be brigadier general ning BRYAN M. BARROQUEIRO, and ending Mr. REED. Mr. President, I ask unan- Col. Thomas J. Owens, II JOSEPH MANNINO, which nominations imous consent that Molly Baier, a fel- IN THE ARMY were received by the Senate and appeared in low in my office, be granted privileges The following named officer for appoint- the Congressional Record of December 14, ment the Reserve of the Army to the grade 2015. of the floor for the remainder of the PN1023 AIR FORCE nomination of Bryan indicated under title 10, U.S.C., section 12203: Congress. M. Davis, which was received by the Senate The PRESIDING OFFICER. Without To be brigadier general and appeared in the Congressional Record of objection, it is so ordered. Col. Robert G. Michnowicz December 14, 2015.

VerDate Sep 11 2014 06:03 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.060 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S400 CONGRESSIONAL RECORD — SENATE January 28, 2016 PN1024 AIR FORCE nomination of Todd E. PN1080 MARINE CORPS nominations (699) The senior assistant legislative clerk Combs, which was received by the Senate beginning JEREMY D. ADAMS, and ending read as follows: and appeared in the Congressional Record of ANGELA S. ZUNIC, which nominations were A resolution (S. Res. 351) designating the December 14, 2015. received by the Senate and appeared in the week of January 24 through January 30, 2016, PN1067 AIR FORCE nominations (57) begin- Congressional Record of January 11, 2016. as ‘‘National School Choice Week.’’ ning BRETT C. ANDERSON, and ending PN1081 MARINE CORPS nominations (6) SHAHID A. ZAIDI, which nominations were beginning GEORGE L. ROBERTS, and end- There being no objection, the Senate received by the Senate and appeared in the ing STEPHEN A. RITCHIE, which nomina- proceeded to consider the resolution. Congressional Record of January 11, 2016. tions were received by the Senate and ap- Mr. SCOTT. Mr. President, this week PN1068 AIR FORCE nominations (79) begin- peared in the Congressional Record of Janu- is an opportunity to highlight the im- ning STEPHEN C. ARNASON, and ending ary 11, 2016. portance of parental choice in edu- JOHN R. YANCEY, which nominations were IN THE NAVY cation, and the success that children received by the Senate and appeared in the Congressional Record of January 11, 2016. PN927 NAVY nominations (2) beginning find when they are able to choose an James E. O’Neil, III, and ending Keith M. PN1069 AIR FORCE nominations (162) be- educational pathway that suits their Roxo, which nominations were received by ginning ERIC E. ABBOTT, and ending PHIL- individual needs. Be it through public, the Senate and appeared in the Congres- IP A. WIXOM, which nominations were re- charter, private, or home schools, as sional Record of October 28, 2015. ceived by the Senate and appeared in the well as other forms of educational serv- Congressional Record of January 11, 2016. PN1078 NAVY nominations (2) beginning DENISE M. VEYVODA, and ending ROBERT ices that may be tailored to the edu- PN1070 AIR FORCE nominations (232) be- G. WEST, which nominations were received cational needs of our kids, we should ginning JANE A. ALSTON, and ending TIM- by the Senate and appeared in the Congres- continue our work to provide students OTHY J. ZIELICKE, which nominations were sional Record of January 11, 2016. with a viable and proven route to a bet- received by the Senate and appeared in the Congressional Record of January 11, 2016. PN1079 NAVY nomination of James A. ter education. Trotter, which was received by the Senate In particular, I want to recognize my IN THE ARMY and appeared in the Congressional Record of home State of South Carolina for our PN1025 ARMY nominations (883) beginning January 11, 2016. continuous work in expanding school DAVID H. AAMIDOR, and ending D012522, f choice initiatives. Since 2013, when which nominations were received by the Sen- South Carolina’s general assembly en- ate and appeared in the Congressional LEGISLATIVE SESSION Record of December 14, 2015. acted the Educational Credit for Ex- PN1026 ARMY nominations (461) beginning The PRESIDING OFFICER. The Sen- ceptional Needs Children, which helps YONATAN S. ABEBIE, and ending D012158, ate will now resume legislative session. children with disabilities gain an edu- which nominations were received by the Sen- f cation personalized to their own unique ate and appeared in the Congressional needs, South Carolina has been on the Record of December 14, 2015. CONGRATULATING THE UNIVER- forefront of the school choice move- PN1027 ARMY nomination of Peter J. SITY OF ALABAMA CRIMSON ment. That is clearly on display this Koch, which was received by the Senate and TIDE FOR WINNING THE 2016 week, as South Carolina’s National appeared in the Congressional Record of De- COLLEGE FOOTBALL PLAYOFF cember 14, 2015. School Choice Rally will feature its NATIONAL CHAMPIONSHIP PN1028 ARMY nominations (3) beginning largest rates of participation yet, with DEREK P. JONES, and ending WILLIAM J. Mr. MCCONNELL. Mr. President, I over 3,000 parents, advocates, and stu- RICE, which nominations were received by ask unanimous consent that the Sen- dents lending their voice and support the Senate and appeared in the Congres- ate proceed to the consideration of S. to school choice. sional Record of December 14, 2015. Res. 350, submitted earlier today. On the Federal level, I have sub- PN1029 ARMY nominations (382) beginning The PRESIDING OFFICER. The mitted legislation to free up access to MICHAEL S. ABBOTT, and ending D011609, educational resources for America’s which nominations were received by the Sen- clerk will report the resolution by ate and appeared in the Congressional title. least fortunate students. I have spon- Record of December 14, 2015. The senior assistant legislative clerk sored legislation that would make PN1030 ARMY nomination of Denny L. read as follows: IDEA funds portable and create a Winningham, which was received by the Sen- school choice pilot program for mili- A resolution (S. Res. 350) congratulating ate and appeared in the Congressional tary families, as well as bipartisan leg- the University of Alabama Crimson Tide for Record of December 14, 2015. winning the 2016 College Football Playoff islation with Senators FEINSTEIN, PN1031 ARMY nomination of John C. Bas- National Championship. JOHNSON, and BOOKER to reauthorize kerville, which was received by the Senate and improve the DC Opportunity There being no objection, the Senate and appeared in the Congressional Record of Scholarship Program, the Nation’s December 14, 2015. proceeded to consider the resolution. only federally supported school choice PN1071 ARMY nomination of Mark L. Mr. MCCONNELL. Mr. President, I program. Coble, which was received by the Senate and ask unanimous consent that the reso- I believe we must continue this work appeared in the Congressional Record of Jan- lution be agreed to, the preamble be to promote parental choice. Reforms to uary 11, 2016. agreed to, and the motions to recon- PN1072 ARMY nominations (10) beginning our educational system should em- sider be considered made and laid upon CRAIG A. HOLAN, and ending ERIC E. ZIM- power parents and students, not bu- the table with no intervening action or MERMAN, which nominations were received reaucrats, to choose the educational debate. by the Senate and appeared in the Congres- option that best meets their unique sional Record of January 11, 2016. The PRESIDING OFFICER. Without needs. Because when parents have bet- PN1074 ARMY nomination of Steven R. objection, it is so ordered. Berger, which was received by the Senate ter choices, their kids have a better The resolution (S. Res. 350) was chance. and appeared in the Congressional Record of agreed to. January 11, 2016. Mr. MCCONNELL. Mr. President, I PN1075 ARMY nomination of Richard M. The preamble was agreed to. ask unanimous consent that the reso- Hawkins, which was received by the Senate (The resolution, with its preamble, is lution be agreed to, the preamble be and appeared in the Congressional Record of printed in today’s RECORD under ‘‘Sub- agreed to, and the motions to recon- January 11, 2016. mitted Resolutions.’’) sider be considered made and laid upon PN1076 ARMY nomination of Martin S. f the table with no intervening action or Kendrick, which was received by the Senate debate. and appeared in the Congressional Record of NATIONAL SCHOOL CHOICE WEEK January 11, 2016. The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I objection, it is so ordered. IN THE MARINE CORPS ask unanimous consent that the Sen- The resolution (S. Res. 351) was PN1032 MARINE CORPS nominations (3) ate proceed to the consideration of S. agreed to. beginning WILLIAM T. HENNESSY, and Res. 351, submitted earlier today. ending JAMES R. LENARD, which nomina- The preamble was agreed to. tions were received by the Senate and ap- The PRESIDING OFFICER. The (The resolution, with its preamble, is peared in the Congressional Record of De- clerk will report the resolution by printed in today’s RECORD under ‘‘Sub- cember 14, 2015. title. mitted Resolutions.’’)

VerDate Sep 11 2014 06:03 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.073 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE January 28, 2016 CONGRESSIONAL RECORD — SENATE S401 COMMEMORATING THE 30TH ANNI- To be brigadier general To be colonel VERSARY OF THE LOSS OF THE COL. BROOK J. LEONARD BRIAN T. WATKINS SPACE SHUTTLE ‘‘CHALLENGER’’ THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED ARMY NATIONAL GUARD OF IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE UNITED STATES OFFICERS FOR APPOINTMENT TO AND OF TEACHER IN SPACE S. CATED UNDER TITLE 10, U.S.C., SECTION 624: THE GRADE INDICATED IN THE RESERVE OF THE ARMY CHRISTA MCAULIFFE To be brigadier general UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: Mr. MCCONNELL. Mr. President, I COL. MICHAEL A. GUETLEIN To be colonel ask unanimous consent that the Sen- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GEORGE L. BARTON IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MICHELLE M. BRYANT ate proceed to the consideration of S. CATED UNDER TITLE 10, U.S.C., SECTION 624: JAMES F. WAINSCOTT Res. 352, submitted earlier today. To be major general RICHARD A. WHOLEY The PRESIDING OFFICER. The THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. STEVEN L. BASHAM TO THE GRADE INDICATED IN THE UNITED STATES ARMY clerk will report the resolution by BRIG. GEN. CARL A. BUHLER UNDER TITLE 10, U.S.C., SECTION 624: title. BRIG. GEN. JAMES C. DAWKINS, JR. BRIG. GEN. DAWN M. DUNLOP To be colonel The senior assistant legislative clerk BRIG. GEN. ALBERT M. ELTON II DEREK G. BEAN read as follows: BRIG. GEN. MICHAEL A. FANTINI BRIG. GEN. CEDRIC D. GEORGE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT A resolution (S. Res. 352) commemorating BRIG. GEN. PATRICK C. HIGBY TO THE GRADE INDICATED IN THE UNITED STATES ARMY the 30th anniversary of the loss of the Space BRIG. GEN. MARK K. JOHNSON AND AS PERMANENT PROFESSOR AT THE UNITED BRIG. GEN. BRIAN T. KELLY STATES MILITARY ACADEMY UNDER TITLE 10, U.S.C., Shuttle Challenger and of Teacher in Space BRIG. GEN. BRIAN M. KILLOUGH SECTIONS 4333(B) AND 4336(A): S. Christa McAuliffe of Concord, New Hamp- BRIG. GEN. SCOTT A. KINDSVATER To be colonel shire. BRIG. GEN. DONALD E. KIRKLAND BRIG. GEN. ROBERT D. LABRUTTA NICHOLAS H. GIST There being no objection, the Senate BRIG. GEN. RUSSELL A. MACK BRIG. GEN. CHARLES L. MOORE, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT proceeded to consider the resolution. BRIG. GEN. PAUL D. NELSON TO THE GRADE INDICATED IN THE UNITED STATES ARMY Mr. MCCONNELL. I ask unanimous BRIG. GEN. MARY F. O’BRIEN DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 consent that the resolution be agreed BRIG. GEN. JOHN T. QUINTAS AND 3064: BRIG. GEN. DUKE Z. RICHARDSON To be colonel to, the preamble be agreed to, and the BRIG. GEN. ROBERT J. SKINNER motions to reconsider be considered BRIG. GEN. BRADLEY D. SPACY SUSAN M. CEBULA BRIG. GEN. FERDINAND B. STOSS YOUNGMI CHO made and laid upon the table with no BRIG. GEN. JEFFREY B. TALIAFERRO WILLIE R. FAISON intervening action or debate. BRIG. GEN. CHRISTOPHER P. WEGGEMAN CHARLES W. HIPP BRIG. GEN. STEPHEN N. WHITING KYUNG S. KIM The PRESIDING OFFICER. Without BRIG. GEN. JOHN M. WOOD CATHLEEN A. LABATE objection, it is so ordered. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANNE M. MCCARTNEY TO THE GRADE INDICATED IN THE UNITED STATES AIR GREGORY S. MCDOUGAL The resolution (S. Res. 352) was FORCE UNDER TITLE 10, U.S.C., SECTION 624: RONALD E. PRENZEL agreed to. RYAN L. SNYDER To be major MARK A. VANCE The preamble was agreed to. LISA N. YARBROUGH (The resolution, with its preamble, is KHURRAM A. KHAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT printed in today’s RECORD under ‘‘Sub- TO THE GRADE INDICATED IN THE UNITED STATES AIR TO THE GRADE INDICATED IN THE UNITED STATES ARMY FORCE UNDER TITLE 10, U.S.C., SECTION 624: JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, mitted Resolutions.’’) U.S.C., SECTIONS 624 AND 3064: To be lieutenant colonel f To be major BRUCE E. STERNKE ORDERS FOR MONDAY, FEBRUARY JEFFREY S. WOOLFORD MATTHEW J. AIESI 1, 2016 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JASON W. ALLEN TO THE GRADE INDICATED IN THE UNITED STATES AIR SHAWN I. ATKINS Mr. MCCONNELL. Mr. President, I FORCE UNDER TITLE 10, U.S.C., SECTION 624: JUSTIN C. BARNES ALEX C. BARNETT ask unanimous consent that when the To be major WILLIAM C. BIGGERSTAFF Senate completes its business today, it KEVIN M. BOHLKE MARY E. CLARK JULIE L. BORCHERS adjourn until 3 p.m., Monday, February JUSTIN C. COHEN STACEE B. CAIN 1; that following the prayer and pledge, SUSAN M. DAOUST DAVID T. CALLAN LAUREN M. HEDENSCHOUG CAITLIN CHIARAMONTE the morning hour be deemed expired, SCOTT A. HEWITT PETER E. CLEEK the Journal of proceedings be approved SARAH L. JELLIFFE HEATHER M. COLACICCO JAMES A. JERNIGAN GEORGE C. COLCLOUGH to date, and the time for the two lead- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RICHARD J. CONNAROE ers be reserved for their use later in TO THE GRADE INDICATED IN THE UNITED STATES AIR DANIEL C. CUMMINS FORCE AND AS PERMANENT PROFESSOR AT THE UNITED DANIEL M. CURLEY the day; finally, that following leader STATES AIR FORCE ACADEMY UNDER TITLE 10, U.S.C., DARCY J. DRAYTON remarks, the Senate then resume con- SECTIONS 9333(B) AND 9336(A): DEREK V. EICHHOLZ To be colonel RHEANNA J. FELTON sideration of S. 2012. MATTHEW B. FIRING The PRESIDING OFFICER. Without MARGARET C. MARTIN JAMES M. GARRETT MICHAEL E. GILBERTSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT objection, it is so ordered. SCOTT L. GOBLE IN THE GRADE INDICATED IN THE REGULAR AIR FORCE EDDIE M. GONZALEZ UNDER TITLE 10, U.S.C., SECTION 531: f ROBERT K. GOTHERIDGE To be lieutenant colonel AMY M. GRANADOS ADJOURNMENT UNTIL MONDAY, JOSIAH T. GRIFFIN FEBRUARY 1, 2016, AT 3 P.M. GREGORY J. MALONE GARRISON D. GROH GREGORY K. RICHERT KENNETH W. HALL Mr. MCCONNELL. Mr. President, if IN THE ARMY JAMES D. HAMMOND there is no further business to come be- RONALD M. HERRMANN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANIEL D. HILL fore the Senate, I ask unanimous con- TO THE GRADE INDICATED IN THE UNITED STATES ARMY BENJAMIN W. HOGAN sent that it stand adjourned under the UNDER TITLE 10, U.S.C., SECTION 624: ANNE C. HSIEH To be colonel JAMES F. INGRAM previous order. ERIC W. IRWIN There being no objection, the Senate, CHRISTOPHER W. WENDLAND GREGORY T. ISHAM CHARLES H. JACKSON at 7:06 p.m., adjourned until Monday, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY AARON G. JOHNSON February 1, 2016, at 3 p.m. UNDER TITLE 10, U.S.C., SECTION 624: MARY E. JONES PAMELA L. JONES f To be colonel ROBERT J. JUGE ADAM KAMA NOMINATIONS BETHANY C. ARAGON JESSICA M. KETTL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CALI Y. KIM Executive nominations received by TO THE GRADE INDICATED IN THE UNITED STATES ARMY AARON L. LANCASTER MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 GEORGE R. LAVINE III the Senate: AND 3064: ANTHONY V. LENZE THE JUDICIARY To be lieutenant colonel TRAVIS J. LIEB LORI E. LINCOLN JENNIFER KLEMETSRUD PUHL, OF NORTH DAKOTA, TO MICHAEL J. MULCAHY DUSTIN J. LUJAN BE UNITED STATES CIRCUIT JUDGE FOR THE EIGHTH DYLAN S. MACK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CIRCUIT, VICE KERMIT EDWARD BYE, RETIRED. SEAN P. MAHONEY TO THE GRADE INDICATED IN THE RESERVE OF THE TERRENCE J. CAMPBELL, OF KANSAS, TO BE UNITED CHRISTOPHER R. MALIS ARMY UNDER TITLE 10, U.S.C., SECTION 12203: STATES DISTRICT JUDGE FOR THE DISTRICT OF KANSAS, RICK B. MATHEW VICE KATHRYN H. VRATIL, RETIRED. To be colonel AMY H. MCCARTHY IN THE AIR FORCE KYLE M. MEISNER KELLY K. GREENHAW JORDAN K. MILLER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JUSTIN P. MOORE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRIAN P. NICHOLSON CATED UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL PETRUSIC

VerDate Sep 11 2014 04:29 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00105 Fmt 4624 Sfmt 9801 E:\CR\FM\G28JA6.090 S28JAPT1 smartinez on DSK4TPTVN1PROD with SENATE S402 CONGRESSIONAL RECORD — SENATE January 28, 2016 TRENTON W. POWELL DANIEL M. WENZELL To be major PATRICK J. REGAN JOHN L. WESTHOFF II TULSI L. ROGERS DEREK C. WHITAKER DAVID F. HUNLEY JEFFREY L. ROTHSTEIN ARLIE L. MILLER IN THE NAVY ROBERT W. RUNYANS THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR MICHAEL J. SCALETTY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT APPOINTMENT TO THE GRADE INDICATED IN THE JON D. SCHOENWETTER IN THE GRADE INDICATED IN THE REGULAR NAVY UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., WALTER J. SEPULVADO UNDER TITLE 10, U.S.C., SECTIONS 531 AND 716: SECTION 624: THOMAS A. SILBERMAN KYLE C. SPRAGUE To be lieutenant commander To be major JOHN J. SULLIVAN KEVIN T. SUMMERS, JR. KIELLY A. ANDREWS JOHN A. YUKICA JOHN E. SWORDS THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR RORY T. THIBAULT MENT TO THE GRADES INDICATED IN THE REGULAR APPOINTMENT TO THE GRADE INDICATED IN THE RICHARD THOMAS NAVY UNDER TITLE 10, U.S.C., SECTION 531: UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., SARA M. TRACYRUAZOL SECTION 624: HEATHER L. TREGLE To be commander MICHAEL R. TREGLE, JR. To be major JEFFREY C. CHAO ERIC A. TRUDELL MICHAEL J. BARRIBALL DONALD E. WAGNER To be lieutenant commander DAVID J. CURTIS JIHAN E. WALKER MICHAEL S. DEWEY TIMOTHY C. WARNER JOSEPH A. MOORE CHRISTOPHER M. DILPORT JUSTIN R. WEGNER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN V. RUSSELL IV JASON D. YOUNG TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: APPOINTMENT TO THE GRADE INDICATED IN THE TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 To be commander SECTION 624: AND 3064: ERIK J. KJELLGREN To be major To be colonel IN THE MARINE CORPS JAMEEL A. ALI JOHN S. AITA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARK I. ANDERSON CHRISTOPHER M. GILMORE TO THE GRADE INDICATED IN THE UNITED STATES MA- AMBROSIO V. PANTOJA MIKE L. ANDERSON RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: BRYAN L. BACON THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR JAY B. BAKER To be major APPOINTMENT TO THE GRADE INDICATED IN THE DAVID G. BELL UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., TIMOTHY J. BIEGA LUCAS M. CHESLA SECTION 624: PATRICK T. BIRCHFIELD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIMOTHY C. BRAND TO THE GRADE INDICATED IN THE UNITED STATES MA- To be major THEODORE R. BROWN RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: MATRIX W. ELIAS ADAM G. BUCHANAN To be lieutenant colonel CHRISTOPHER M. SMITH LEE A. BURNETT NICHOLAS J. TAZZA ANDREW P. CAP JAIME A. IBARRA KEVIN K. CHUNG THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR MICHAEL N. CLEMENSHAW THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT APPOINTMENT TO THE GRADE INDICATED IN THE MICHEL A. R. COURTINES TO THE GRADE INDICATED IN THE UNITED STATES MA- UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., HEATHER M. CURRIER RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION SECTION 624: MINHLUAN N. DOAN 12203: To be major ROGER H. DUDA To be colonel SUSAN R. FONDY JIMMY W. DARSEY ANDREW J. FOSTER AARON R. CRAIG GERALD E. PIRK, JR. GREGG G. GERASIMON BRIAN R. MILLER THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR JENNIFER M. GURNEY TORRENS G. MILLER APPOINTMENT TO THE GRADE INDICATED IN THE CHARLES G. HAISLIP JONATHAN D. PRICE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., MOHAMAD I. HAQUE CHRISTOPHER T. STEINHILBER SECTION 624: JOSHUA S. HAWLEYMOLLOY THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR ROBERTO HENNESSY APPOINTMENT TO THE GRADE INDICATED IN THE To be major SANDRA L. HERNANDEZ UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., ISAAC RODRIGUEZ PATRICK W. HICKEY SECTION 624: JASON M. HILES MICHAEL G. SMITH LINDA L. HUFFER To be lieutenant colonel BRIAN G. WISNESKI MATTHEW R. JEZIOR THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR CATHERINE A. KIMBALLEAYRS CURTIS J. SMITH APPOINTMENT TO THE GRADE INDICATED IN THE SOO H. KIMDELIO BRYAN E. STOTTS UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., MICHAEL V. KRASNOKUTSKY THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR SECTION 624: JOSEPH C. LEE APPOINTMENT TO THE GRADE INDICATED IN THE PETROS G. LEINONEN UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., To be lieutenant colonel KEITH M. LEMMON SECTION 624: KEITH D. BURGESS JEFFREY A. LEVY KEITH J. LUZBETAK MICHAEL J. LICATA To be lieutenant colonel DEREK R. LINKLATER THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR ALLEN L. LEWIS APPOINTMENT TO THE GRADE INDICATED IN THE PHILIP D. LITTLEFIELD DAVID STEVENS RICHARD C. A. LIU UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., PATRICIA A. LOVELESS THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR SECTION 624: JAMES B. LUCAS II APPOINTMENT TO THE GRADE INDICATED IN THE To be lieutenant colonel HUY Q. LUU UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., MATTHEW M. MAYFIELD SECTION 624: CHRISTOPHER W. BENSON JON H. MEYERLE To be lieutenant colonel SHELTON WILLIAMS JEFFREY A. MIKITA THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR JOEL T. MONCUR MICHAEL J. MALONE APPOINTMENT TO THE GRADE INDICATED IN THE MOHAMMAD NAEEM MICHAEL C. ROGERS UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., VISETH NGAUY THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR SECTION 624: HANG T. NGUYEN APPOINTMENT TO THE GRADE INDICATED IN THE VIET N. NGUYEN UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., To be major NERIS M. NIEVESROBBINS SECTION 624: JOSEPH J. NOVACK III KEVIN L. FREIBURGER MARK S. OCHOA To be lieutenant colonel JEREMIAH T. HAMRIC JASON A. PATES JASON H. PERRY PATRICK J. POLLOCK CONRAD G. ALSTON THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR MARCUS C. PONCEDELEON THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE GORDON PRAIRIE APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., MICHAEL W. PRICE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: LOUIS M. RADNOTHY SECTION 624: To be major MARY L. REED To be lieutenant colonel KYLE N. REMICK CHARLES W. DEMLING III MARK E. REYNOLDS JAMES C. ROSE ROCKY D. HUTTON BRUCE A. RIVERS MICHAEL R. LUKKES CHRISTOPHER J. ROACH THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE ZOLTER E. MENDOZA BRIAN D. ROBERTSON GLEN F. TEDTAOTAO STEVEN J. ROGERS, JR. UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., PAUL M. RYAN SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AARON A. SAGUIL To be lieutenant colonel TO THE GRADE INDICATED IN THE UNITED STATES MA- RUBEN SALINAS, JR. RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION ELIZABETH M. SAWYER DAVID M. SOUSA 12203: SHAWNA E. SCULLY THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR To be colonel JASON M. SEERY APPOINTMENT TO THE GRADE INDICATED IN THE JOHN H. SHERNER III UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JEFFREY J. ABRAMAITYS MATTHEW W. SHORT SECTION 624: JENNIFER E. ANTHIS PATRICIA A. SHORT ANDREW J. AYLWARD EUGENE K. SOH To be lieutenant colonel DAVID M. BOLAND BRYONY W. SOLTIS GERALD H. BOYLE MATTHEW A. STUDER SHAWN A. HARRIS MICHAEL J. BRACEWELL MICHAEL J. TARPEY THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR KAREN F. BRANNEN FRANK E. VALENTIN APPOINTMENT TO THE GRADE INDICATED IN THE DAVID L. BROOKS KAREN S. VOGT UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., MICHELLE R. BUTTERS DANIEL S. WASHBURN SECTION 624: JOHN F. BUXTON

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MARKHAM B. CAMPAIGNE, JR. GEORGE C. SCHREFFLER III TRINH, WHICH NOMINATIONS WERE RECEIVED BY THE CHARLES D. CAMPBELL MATTHEW R. SEAY SENATE AND APPEARED IN THE CONGRESSIONAL MICHAEL F. CARDOZA CHRISTOPHER B. SHAW RECORD ON DECEMBER 14, 2015. JONATHAN A. HAYNES BLAIR J. SOKOL AIR FORCE NOMINATIONS BEGINNING WITH BONNIE JOHN D. HEYE JEFFREY J. STOWER JOY BOSLER AND ENDING WITH LIANE L. WEINBERGER, VALERIE A. JACKSON MICHAEL S. STYSKAL WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AARON P. KEENAN EDWARD R. SULLIVAN AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- JOSHUA A. KEISLER JEFFREY A. SYMONS CEMBER 14, 2015. STEPHEN G. KETTELL ALISON J. THOMPSON AIR FORCE NOMINATIONS BEGINNING WITH ARDEN B. KEVIN J. KRONOVETER CHRISTOPHER G. TOLAR ANDERSEN AND ENDING WITH MARK A. ZELKOVIC, OMAR D. LAND PATRICK M. TUCKER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE DAWN D. LOVE JEFFREY A. VANDAVEER AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- GREGG M. LYSKO SCOTT W. WADLE CEMBER 14, 2015. BENJAMIN W. MALMANGER DAVID C. WALLIS III AIR FORCE NOMINATION OF TODD ANDREW LUCE, TO CURTIS A. MASON AHMED T. WILLIAMSON BE COLONEL. CRAIG C. MONROE SETH E. YOST AIR FORCE NOMINATIONS BEGINNING WITH LEBANE S. AARON B. OCONNELL HALL AND ENDING WITH DAVID F. PENDLETON, WHICH MARIA J. PALLOTTA f NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- JOSEPH M. PARKER PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER TODD J. PEPPE CONFIRMATIONS 14, 2015. JOHN PERSANO III AIR FORCE NOMINATIONS BEGINNING WITH WILLIAM HARRY S. PORTER Executive nominations confirmed by CHARLES DUNLAP AND ENDING WITH ROBERT K. THOMAS H. PRESECAN the Senate January 28, 2016: MCGHEE, WHICH NOMINATIONS WERE RECEIVED BY THE JAMES M. QUIRK SENATE AND APPEARED IN THE CONGRESSIONAL SEAN J. RIDDELL IN THE AIR FORCE RECORD ON DECEMBER 14, 2015. CHRISTOPHER J. SAMPLE AIR FORCE NOMINATIONS BEGINNING WITH DAWN D. SARAH T. SCHAFFER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BELLACK AND ENDING WITH ANDREW J. TURNER, WHICH DAVID D. SCOTT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MARCUS L. STEWART CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER DANIEL B. TAYLOR AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 14, 2015. ANNEMARIE E. THERIOT 601: AIR FORCE NOMINATIONS BEGINNING WITH KATH- JAMES R. THOMPSON To be lieutenant general ERINE E. AASEN AND ENDING WITH CHRISTOPHER M. TRUETT A. TOOKE ZIDEK, WHICH NOMINATIONS WERE RECEIVED BY THE JOHN P. VALENCIA LT. GEN. ANTHONY J. ROCK SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON DECEMBER 14, 2015. FREDERIK W. VANWEEZENDONK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERICH H. WAGNER AIR FORCE NOMINATIONS BEGINNING WITH BRYAN M. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BARROQUEIRO AND ENDING WITH JOSEPH MANNINO, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CATED UNDER TITLE 10, U.S.C., SECTION 624: WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TO THE GRADE INDICATED IN THE UNITED STATES MA- To be brigadier general AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: CEMBER 14, 2015. To be colonel COL. JAMES H. DIENST AIR FORCE NOMINATION OF BRYAN M. DAVIS, TO BE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MAJOR. RICHARD T. ANDERSON IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- AIR FORCE NOMINATION OF TODD E. COMBS, TO BE VICTOR W. ARGOBRIGHT II CATED UNDER TITLE 10, U.S.C., SECTION 624: COLONEL. DAVID R. BERKE AIR FORCE NOMINATIONS BEGINNING WITH BRETT C. CAROLYN D. BIRD To be brigadier general ANDERSON AND ENDING WITH SHAHID A. ZAIDI, WHICH JACK G. BOLTON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COL. JOHN J. DEGOES CHRISTOPHER J. BONIFACE PEARED IN THE CONGRESSIONAL RECORD ON JANUARY COL. MARK A. KOENIGER GILES R. BOYCE 11, 2016. MICHAEL A. BROOKS, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH STEPHEN C. BRIAN T. BRUGGEMAN IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- ARNASON AND ENDING WITH JOHN R. YANCEY, WHICH KEITH E. BURKEPILE CATED UNDER TITLE 10, U.S.C., SECTION 12203: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THOMAS H. CAMPBELL III To be major general PEARED IN THE CONGRESSIONAL RECORD ON JANUARY VINCENT J. CIUCCOLI 11, 2016. MICHAEL R. COLETTA BRIG. GEN. JAMES R. BARKLEY AIR FORCE NOMINATIONS BEGINNING WITH ERIC E. AB- MARK S. COPPESS BRIG. GEN. KIMBERLY A. CRIDER BOTT AND ENDING WITH PHILIP A. WIXOM, WHICH NOMI- WARREN J. CURRY BRIG. GEN. DAVID B. O’BRIEN NATIONS WERE RECEIVED BY THE SENATE AND AP- VALERIE C. DANYLUK BRIG. GEN. ERIC S. OVERTURF PEARED IN THE CONGRESSIONAL RECORD ON JANUARY CHARLES B. DOCKERY BRIG. GEN. WALTER J. SAMS 11, 2016. SIMON M. DORAN BRIG. GEN. JOHN P. STOKES AIR FORCE NOMINATIONS BEGINNING WITH JANE A. AL- TIMOTHY R. DREMANN BRIG. GEN. CURTIS L. WILLIAMS STON AND ENDING WITH TIMOTHY J. ZIELICKE, WHICH BRIAN P. DUPLESSIS BRIG. GEN. EDWARD P. YARISH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CURTIS V. EBITZ, JR. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED 11, 2016. DAVID M. FALLON STATES OFFICER FOR APPOINTMENT IN THE RESERVE SETH W. FOLSOM OF THE AIR FORCE TO THE GRADE INDICATED UNDER IN THE ARMY FRIDRIK FRIDRIKSSON TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ADOLFO GARCIA, JR. ARMY NOMINATIONS BEGINNING WITH DAVID H. DAVID S. GIBBS To be brigadier general AAMIDOR AND ENDING WITH D012522, WHICH NOMINA- BRIAN L. GILMAN TIONS WERE RECEIVED BY THE SENATE AND APPEARED RYAN G. GOULETTE COL. PAIGE P. HUNTER IN THE CONGRESSIONAL RECORD ON DECEMBER 14, 2015. WILLIAM C. GRAY THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ARMY NOMINATIONS BEGINNING WITH YONATAN S. MATTHEW S. GROSZ STATES OFFICER FOR APPOINTMENT IN THE RESERVE ABEBIE AND ENDING WITH D012158, WHICH NOMINATIONS JOHN M. HACKEL OF THE AIR FORCE TO THE GRADE INDICATED UNDER WERE RECEIVED BY THE SENATE AND APPEARED IN THE MAURA M. HENNIGAN TITLE 10, U.S.C., SECTIONS 12203 AND 12212: CONGRESSIONAL RECORD ON DECEMBER 14, 2015. ARMY NOMINATION OF PETER J. KOCH, TO BE COLO- RANDALL S. HOFFMAN To be brigadier general JAY M. HOLTERMANN NEL. TRAVIS L. HOMIAK COL. THOMAS J. OWENS II ARMY NOMINATIONS BEGINNING WITH DEREK P. JONES DAVID W. HUDSPETH AND ENDING WITH WILLIAM J. RICE, WHICH NOMINA- LARRY M. JENKINS, JR. IN THE ARMY TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON DECEMBER 14, 2015. MICHAEL H. JOHNSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEPH W. JONES ARMY NOMINATIONS BEGINNING WITH MICHAEL S. AB- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- BOTT AND ENDING WITH D011609, WHICH NOMINATIONS STEPHEN F. KEANE CATED UNDER TITLE 10, U.S.C., SECTION 12203: MATTHEW J. KENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE SEAN C. KILLEEN To be brigadier general CONGRESSIONAL RECORD ON DECEMBER 14, 2015. STEPHEN J. LIGHTFOOT ARMY NOMINATION OF DENNY L. WINNINGHAM, TO BE CHARLES M. LONG, JR. COL. ROBERT G. MICHNOWICZ COLONEL. MARIA A. MARTE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF JOHN C. BASKERVILLE, TO BE PETER L. MCARDLE IN THE RESERVE OF THE ARMY TO THE GRADE INDI- COLONEL. BRIAN G. MCAVOY CATED UNDER TITLE 10, U.S.C., SECTION 12203: ARMY NOMINATION OF MARK L. COBLE, TO BE COLO- JAMES P. MCDONOUGH III NEL. MICHAEL E. MCWILLIAMS To be brigadier general ARMY NOMINATIONS BEGINNING WITH CRAIG A. HOLAN RICARDO MIAGANY COL. JEFFREY C. COGGIN AND ENDING WITH ERIC E. ZIMMERMAN, WHICH NOMINA- TIMOTHY P. MILLER TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IVAN I. MONCLOVA IN THE CONGRESSIONAL RECORD ON JANUARY 11, 2016. IN THE RESERVE OF THE ARMY TO THE GRADE INDI- JEFFERY M. MORGAN ARMY NOMINATION OF STEVEN R. BERGER, TO BE CATED UNDER TITLE 10, U.S.C., SECTION 12203: CHARLES J. MOSES COLONEL. MATTHEW T. MOWERY To be brigadier general ARMY NOMINATION OF RICHARD M. HAWKINS, TO BE DENISE M. MULL MAJOR. KIRK D. MULLINS COL. KEVIN C. WULFHORST ARMY NOMINATION OF MARTIN S. KENDRICK, TO BE LIEUTENANT COLONEL. MICHAEL J. MURCHISON IN THE AIR FORCE TILEY R. NUNNINK IN THE MARINE CORPS CHRISTOPHER H. OLIVER AIR FORCE NOMINATIONS BEGINNING WITH PETER L. JOHN C. OSBORNE, JR. REYNOLDS AND ENDING WITH CHRISTOPHER P. CALDER, MARINE CORPS NOMINATIONS BEGINNING WITH WIL- KEITH A. PARRY WHICH NOMINATIONS WERE RECEIVED BY THE SENATE LIAM T. HENNESSY AND ENDING WITH JAMES R. TODD R. PEERY AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- LENARD, WHICH NOMINATIONS WERE RECEIVED BY THE MICHAEL J. PEREZ CEMBER 14, 2015. SENATE AND APPEARED IN THE CONGRESSIONAL JACK D. PERRIN AIR FORCE NOMINATION OF JEREMY W. CANNON, TO BE RECORD ON DECEMBER 14, 2015. MATTHEW H. PHARES COLONEL. MARINE CORPS NOMINATIONS BEGINNING WITH JER- MICHAEL B. PROSSER AIR FORCE NOMINATION OF TED W. LIEU, TO BE COLO- EMY D. ADAMS AND ENDING WITH ANGELA S. ZUNIC, RANDOLPH G. PUGH NEL. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ERIC R. QUEHL AIR FORCE NOMINATIONS BEGINNING WITH JODENE M. AND APPEARED IN THE CONGRESSIONAL RECORD ON CHRISTIAN M. RANKIN ALEXANDER AND ENDING WITH DEBORAH J. ROBINSON, JANUARY 11, 2016. MARK S. REVOR WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARINE CORPS NOMINATIONS BEGINNING WITH BRET H. RITTERBY AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- GEORGE L. ROBERTS AND ENDING WITH STEPHEN A. JOHN H. ROCHFORD II CEMBER 14, 2015. RITCHIE, WHICH NOMINATIONS WERE RECEIVED BY THE GARY D. ROTSCH AIR FORCE NOMINATIONS BEGINNING WITH JOHN SENATE AND APPEARED IN THE CONGRESSIONAL WILLIAM R. SAUERLAND, JR. LOUIS ARENDALE II AND ENDING WITH MINH–TRI BA RECORD ON JANUARY 11, 2016.

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IN THE NAVY TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON JANUARY IN THE CONGRESSIONAL RECORD ON OCTOBER 28, 2015. 11, 2016. NAVY NOMINATIONS BEGINNING WITH JAMES E. O’NEIL NAVY NOMINATIONS BEGINNING WITH DENISE M. NAVY NOMINATION OF JAMES A. TROTTER, TO BE LIEU- III AND ENDING WITH KEITH M. ROXO, WHICH NOMINA- VEYVODA AND ENDING WITH ROBERT G. WEST, WHICH TENANT COMMANDER. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-

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HONORING KOREAN AMERICAN TRIBUTE TO LAUREN SMITH served as the Member’s voice and ambas- DAY sador to the media. Lauren was a media liai- HON. MICHAEL M. HONDA son extraordinaire, easily developing positive professional relationships with reporters. HON. MIKE KELLY OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Lauren loved her job, and everyone knew it OF PENNSYLVANIA from her positive impact. Lauren changed the IN THE HOUSE OF REPRESENTATIVES Thursday, January 28, 2016 lives of everyone with whom she worked. A Thursday, January 28, 2016 Mr. HONDA. Mr. Speaker, we rise today to common denominator for all the offices where honor the life of Lauren Suzanne Smith. I am Lauren worked is that Lauren was viewed as Mr. KELLY of Pennsylvania. Mr. Speaker, joined by my esteemed colleagues DORIS O. dedicated, passionate, incredibly hard-working, one hundred thirteen years ago this month, MATSUI, JERRY MCNERNEY, ZOE LOFGREN, AMI and most of all, beloved. She would brighten pioneers from Korea first journeyed to our BERA, JULIA BROWNLEY, LOIS CAPPS, TONY up any office with her quick wit and cheery na- shores in search of opportunity, prosperity, CA´RDENAS, JUDY CHU, JIM COSTA, SUSAN A. ture. She was also deeply caring and consid- and freedom. These early Korean Americans DAVIS, MARK DESAULNIER, ANNA ESHOO, SAM erate. She was the first to ask how someone worked hard in our growing country, started FARR, JOHN GARAMENDI, JANICE HAHN, BAR- was doing and offer assistance. To her, rela- families, and established strong communities. BARA LEE, TED LIEU, ALAN S. LOWENTHAL, tionships mattered most of all. Lauren always Over the past century, Korean Americans GRACE F. NAPOLITANO, LINDA SA´NCHEZ, ADAM put herself last. have made strong contributions to our fields of B. SCHIFF, BRAD SHERMAN, JACKIE SPEIER, Mr. Speaker, sometimes, we are simply medicine, engineering, research, and innova- ERIC SWALWELL, MARK TAKANO, MIKE THOMP- lucky enough to be gifted with an amazing tion, and have become respected community SON, NORMA J. TORRES, JUAN VARGAS, and employee and colleague. Lauren had an infec- leaders and elected officials. MAXINE WATERS. tious laugh, and an inspiring spirit that The United States shares a special relation- Lauren Smith, a beloved daughter, sister, matched her drive to make the world a better ship with the Republic of Korea forged during friend, Congressional staffer, and coworker, and happier place. No doubt, Lauren is still the Korean War and solidified by the greater died on December 26, 2015 in her home in giggling somewhere, and looking out for her global struggle for freedom in the 20th cen- Washington, D.C. at the age of 37. loved ones. Lauren—you are beyond com- tury. In response to the invasion of North Ko- Lauren was born on August 18, 1978, in Illi- pare. You made it so easy to fall into love with rean and communist forces in 1950, the nois. At the age of four, she attended her first you. We miss you so very dearly. United States led a global coalition to defend Chicago White Sox baseball game—thus f Korean sovereignty. Millions of American and launching a lifelong love of the sport. Lauren Korean soldiers fought side by side and was also a professional ballroom dancer and RECOGNIZING THE 26TH ANNIVER- formed friendships during the conflict. Guided instructor. A self-proclaimed ‘‘foodie,’’ Lauren SARY OF ‘‘BLACK JANUARY’’ by desire to foster trust and mutual coopera- was an inspirational chef, who had her own tion in the region, the U.S.-Korea alliance has website: ‘‘One if By Food.’’ She believed peo- HON. STEVE COHEN stabilized a region subjected to terror by North ple should not have to compromise taste, fla- OF TENNESSEE Korea. vor, and health—just because they were only IN THE HOUSE OF REPRESENTATIVES Last November, I had the privilege of vis- cooking for one. iting the Republic. Over the course of my Lauren thrived on following her passions, Thursday, January 28, 2016 three-day visit, I enjoyed robust policy discus- despite the sacrifices. That characteristic Mr. COHEN. Mr. Speaker, I rise today to sions with Korean leaders on numerous top- fueled her journey across the country multiple recognize the 26th anniversary of ‘‘Black Jan- ics, deepening old friendships while forging times, from the campaign trail to Capitol Hill. uary’’ in Azerbaijan. Imbedded in the memory new ones. It was evident to me that the U.S.- Her unabating dedication to progressive ideals of all Azerbaijanis regardless of where they Korea alliance has never been stronger. The was second only to her independent spirit. Her live, Black January commemorates Azer- U.S.-Korea Free Trade Agreement (KORUS) keen communications skills and doggedness baijan’s stand against Soviet soldiers for inde- has brought economic growth to both of our served her well, bringing exciting opportunities pendence, sovereignty, territorial integrity over countries, and American exports to Korea and necessitating many a quick decision to all lands under Azerbaijani jurisdiction, and reached a record level last year. As I continue say ‘‘yes’’ to pack up everything to go on to freedom from communism and dictatorship. to reflect on my visit to the Republic, I am re- the next challenge. On the evening of January 19, 1990, the minded of the deep and abiding responsibility Lauren got her feet wet fresh from grad- U.S.S.R. Supreme Soviet Presidium backed all American leaders should feel towards pre- uating from Cal State Fullerton with the All by then-President Mikhail Gorbachev, declared serving the U.S.-Korea alliance. The vigor and America PAC during the 2006 midterm elec- a state of emergency in response to the grow- vitality of the Korean people and their commit- tions, and worked her way up to become the ing national independence movement in Azer- ment to democracy, a free market economy, Democratic National Committee’s statewide baijan, which led to Russian troops storming and the rule of law—our common values—is communications director for Indiana during the the Azerbaijani capital city of Baku. In an at- simply inspirational. We owe that commitment 2008 presidential election. Lauren proved her- tempt to suppress the movement and ‘‘restore to our esteemed Korean War veterans—the self time and again, handling tough situations order,’’ Soviet invaders indiscriminately fired 1.8 million Americans who fought and sac- and high pressure through a decade on the on peaceful demonstrators, including women rificed so much in that awful conflict to help Hill as Press Secretary for Rep. CUELLAR (D– and children. That night, more than 130 peo- birth one of the greatest democracies and alli- Texas), Communications Director for Rep. ple died, over 700 people were injured, 841 ances in the history of civilization. MATSUI (D–Calif.), and Communications Direc- were arrested and 5 went missing. Mr. Speaker, I rise to celebrate Korean tor/Deputy Chief of Staff for Rep. MCNERNEY The invasion, however, focused not just on American Day. As the co-chairman of the (D–Calif.). After serving as Communications peaceful protestors but also on critical infra- Congressional Caucus on Korea, I am proud Consultant for John Walsh’s bid for Montana’s structure and workers. According to a report to recognize our nations’ special relationship vacant Senate seat, Lauren served as the by Human Rights Watch entitled Black Janu- and the powerful contributions that Korean Deputy Communications Director for Sen. ary in Azerbaijan, ‘‘among the most heinous Americans have made to the United States, Walsh (D–Mont.) as well. violations of human rights during the Baku in- especially those who have served with distinc- In 2015, Lauren joined Rep. HONDA’s (D– cursion were the numerous attacks on medical tion in our Armed Forces. In the years to Calif.) team. Lauren swiftly settled in, becom- personnel, ambulances and even hospitals.’’ come, the U.S.-Korea alliance will surely be ing a major asset to the entire staff—teaming Additionally, the attack was an act of intimida- tested but our faith and determination will with each staff member to increase effective- tion for all then-Soviet countries with inde- never falter or waiver. ness of all communication. She thoughtfully pendence ambitions. The Human Rights

∑ 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 05:24 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K28JA8.001 E28JAPT1 emcdonald on DSK9F6TC42PROD with REMARKS E60 CONGRESSIONAL RECORD — Extensions of Remarks January 28, 2016 Watch report concluded that, ‘‘indeed the vio- RECOGNIZING THE ANNIVERSARY ONE VALLEY. The ONE GOAL is Student lence used by the Soviet Army on the night of OF DWAYNE AND CAROL CHESNUT Success (increased enrollment, retention and January 19–20 constitutes an exercise in col- graduation; holistic student development and lective punishment. The punishment inflicted HON. DINA TITUS career advancement); The ONE TEAM is Uni- on Baku by Soviet soldiers may have been in- OF NEVADA versity and Community Stakeholders Working tended as a warning to nationalists, not only in IN THE HOUSE OF REPRESENTATIVES Together; And the ONE VALLEY is students, Azerbaijan, but in other Republics of the So- faculty, staff, alumni and friends actively dem- viet Union.’’ Thursday, January 28, 2016 onstrating School Pride and Spirituality that is Azerbaijani citizens, however, refused to Ms. TITUS. Mr. Speaker, I rise today to rec- second to none! succumb to Soviet aggression. Instead, the in- ognize the sixtieth wedding anniversary of Prior to his appointment at MVSU, Dr. vasion inflamed Azerbaijani nationalism. In the Dwayne and Carol Chesnut, two dear friends, Bynum served as the Vice President for En- days after the invasion, thousands of respected community leaders, generous phi- rollment Management and Student Services at Azerbaijanis surrounded Communist Party lanthropists, and loyal Democrats. They have Morehouse College (2009–2013), where he headquarters demanding the resignation of the three children, Kay, Michelle, and Mark, and was mentored by Morehouse’s 10th president, republic’s leadership, the Baku City Council two grandchildren, Darrel and Danielle Jobe. Dr. Robert Michael Franklin. While serving at demanded that Soviet troops be withdrawn Carol and Dwayne met as teenagers in high Morehouse, Dr. Bynum significantly enhanced and the Soviet legislature in Azerbaijan threat- school when, coming out of class, he held the student-administration relations, improved the ened to call a referendum on secession unless door open for her. Carol responded, ‘‘It is efficiency and effectiveness of student serv- Soviet troops were withdrawn within 48 hours. good to know that there are still gentlemen ices, started, envisioned and led the initiative Soviet troops were eventually withdrawn and scholars left.’’ Dwayne was smitten and which established the Parents Council and im- and January 20th became known as ‘‘the Day holds the door for Carol still today. plemented the nationally acclaimed More- of the Nationwide Sorrow.’’ It would not be for When Carol and Dwayne were courting in house ‘‘Appropriate Attire Policy.’’ nearly two years, however, before Azerbaijan Texas in the early fifties, their favorite song Prior to Morehouse, Dr. Bynum served as gained political control from the Soviet Union. was ‘‘Too Young’’ by Nat King Cole. Its words the Vice President for Student Affairs and En- In October 1991, Azerbaijan’s parliament—the were prophetic: ‘‘This love will last though rollment Management (2000–2009) at The Lin- National Assembly—declared its independ- years may go.’’ The joy they find in each other coln University (PA). During his nine years of ence. spills over into the numerous lives, including service, he was successful in nearly doubling Lincoln’s enrollment and recruited the 4 larg- Today, Azerbaijan has developed into a my own, which they have touched over the 60 est new student classes (900+) in the Univer- thriving country with double digit growth, in years they have been together. sity’s 150-year history. Dr. Bynum also led the large part due to a freely elected president Congratulations. Here’s to many more good Board-approved Student Enhancement Initia- and parliament, free market reforms led by the times and sweet memories to come. tive, which entailed elevating Lincoln from energy sector, and, most importantly, no for- f NCAA Division III to NCAA Division II ath- eign troops on its soil. I ask my colleagues to HONORING DR. WILLIAM B. letics, reactivated Lincoln’s membership in the join me in recognizing the tragic events of BYNUM, JR. Central Intercollegiate Athletic Association Black January that precipitated the inde- (CIAA) conference, returned football to the pendent Republic of Azerbaijan and the fall of campus after a 40-year absence and started the USSR. HON. BENNIE G. THOMPSON OF MISSISSIPPI the University’s first marching band program: ‘‘The Orange Crush.’’ At Lincoln, Dr. Bynum f IN THE HOUSE OF REPRESENTATIVES was mentored by Dr. Ivory Nelson, the Univer- Thursday, January 28, 2016 TRIBUTE TO MRS. NEVA BELL sity’s 12th president, who garnered over $200 Mr. THOMPSON of Mississippi. Mr. Speak- million in capital construction to transform the er, I rise today to honor Dr. William B. Bynum, campus physical plant. HON. TODD ROKITA Jr., a 25-year higher education professional, Prior to LU, Dr. Bynum served as the Asso- OF INDIANA who was unanimously selected to be the 7th ciate Vice President and Dean of Students at IN THE HOUSE OF REPRESENTATIVES President of Mississippi Valley State University Clark Atlanta University (1993–2000), and he Thursday, January 28, 2016 (MVSU) by the Mississippi Institutions of High- was the number 2 person in the division that er Learning Board on October 8, 2013 and he recruited the 4 largest classes (1500+) in the Mr. ROKITA. Mr. Speaker, I rise today to began his presidency at ‘‘The Valley’’ on No- then 125-year history of CAU. While at CAU, honor a wonderful Hoosier, Mrs. Neva Bell. vember 6, 2013. Dr. Bynum was mentored by and developed Today Neva Bell of Indianapolis, a true daugh- A native of Rocky Mount, NC, Dr. Bynum strong strategic planning and assessment ter of the State of Indiana attains the century earned his Bachelor of Arts degree in Soci- skills from Dr. Doris Walker Weathers. During mark of 100 years of age. ology from Davidson College while on a stu- his CAU days, Dr. Bynum was nicknamed Born in Monroe, Indiana in 1916, to Mr. and dent-athlete scholarship. While at Davidson, ‘‘Bye-Bye Bynum’’ for his no-nonsense ap- Mrs. E.F. Fricke, Neva attended Purdue Uni- he also minored in Education and passed the proach to judicial affairs and enhancing the versity where she met her future husband National Teachers Exam. He was subse- campus culture and environment. Simeon Bell of Portland, the son of a Jay quently licensed and certified to teach Social In addition to his enrollment management County, Indiana pioneer family. Neva and Studies and Math in North Carolina and Geor- and student affairs work, Dr. Bynum has lec- Simeon Bell both graduated from Purdue, gia. Dr. Bynum went on to earn his masters tured and/or taught as well. He served as the married, and raised three children in Indiana. and Ph.D. in Sociology from Duke University Covington Distinguished Professor of Soci- Neva now has 6 grandchildren and 7 great while serving as a Duke Endowment Fellow. ology at Davidson and at Morehouse, he was grandchildren. Dr. Bynum was also a member of the inau- an adjunct professor in the Leadership Studies Over the years, Neva and Simeon Bell gural class of the NAFEO-Kellogg Leadership program and Sociology department. Dr. spent countless volunteer hours helping many Fellows Program, a yearlong program specifi- Bynum’s other professional experience in- Indiana institutions like the Indiana State Mu- cally designed to train the next generation of cludes research and teaching positions at the seum, the Eitlejorg Museum, the 500 Festival, presidents/chancellors for minority serving in- Georgia Institute of Technology (Georgia and the Indianapolis Museum of Art. Neva and stitutions, which was led by then NAFEO Tech), Duke University and Durham and Simeon also maintained and improved the Bell president—Dr. Frederick Humphries; NAFEO Edgecombe Community Colleges. He started family pioneer farm in Jay County, Indiana chairman—Dr. Joe Johnson, and executive di- his educational career as a teacher, football which is still in the family to this day. rector—Dr. Arthur Thomas. As part of the pro- and wrestling coach in the Rocky Mount (NC) Neva lost her husband in 2005, but that gram, Dr. Bynum ‘‘shadowed’’ Dr. Harold Mar- City School System (1984–87) and the Dekalb hasn’t stopped her from supporting her loved tin, then chancellor of Winston-Salem State County (GA) School System (1987–88). Dr. Indiana organizations. Over a lifetime Neva University and now chancellor of NC A&T Bynum has represented his institutions in nu- Bell has epitomized the strong, independent State University. merous external programs and at professional citizen that makes Indiana great. As the 7th President, Dr. Bynum’s vision for conferences, while serving as a presenter or Let us join together today and wish Neva the University is to uplift 6 powerful words that moderator. He has authored refereed articles Bell a very Happy Birthday and a joyful and are already deeply rooted in ‘‘The Valley’’ cul- in professional journals and presented papers healthy year. ture. The vision is: ONE GOAL. ONE TEAM. with academic and social themes. Trained as

VerDate Sep 11 2014 05:24 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K28JA8.003 E28JAPT1 emcdonald on DSK9F6TC42PROD with REMARKS January 28, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E61 a Quantitative Sociologist, Dr. Bynum still re- ‘‘Yes’’ on roll call vote No. 18 (on agreeing join me in commending Sue Bauch for her mains active in research and teaching. His re- to the Pocan Amendment to H.R. 1155), years of dedicated public service and wishing search and teaching interests center around: ‘‘Yes’’ on roll call vote No. 19 (on the motion her well as she begins her retirement. (1) Black Church Studies; (2) Race, Gender to recommit H.R. 1155, with instructions), f and Ethnicity; and (3) Organizations, Markets ‘‘No’’ on roll call vote No. 20 (on passage of and Work. H.R. 1155), HONORING MILTON GASTON His publications include: A co-authored arti- ‘‘No’’ on roll call vote No. 21 (on ordering cle with Duke colleagues in the sociology jour- the previous question on H. Res. 581), HON. BENNIE G. THOMPSON nal Social Forces entitled ‘‘Race and Formal ‘‘No’’ on roll call vote No. 22 (on agreeing to OF MISSISSIPPI Volunteering’’; A chapter entitled ‘‘The Black the resolution H. Res. 581), IN THE HOUSE OF REPRESENTATIVES Church in America: Demography and Current ‘‘Yes’’ on roll call vote No. 23 (on agreeing Thursday, January 28, 2016 Trends’’ in the book: Exploring The African to the Cohen Amendment to H.R. 1927), American Experience (3rd edition); and a short ‘‘Yes’’ on roll call vote No. 24 (on agreeing Mr. THOMPSON of Mississippi. Mr. Speak- story entitled ‘‘For the Love of J-Ski’’ in the to the Conyers Amendment to H.R. 1927), er, I rise today to honor a remarkable civil NASPA produced book: Stories of Inspiration: ‘‘Yes’’ on roll call vote No. 25 (on agreeing servant, Mr. Milton Gaston. Lessons and Laughter in Student Affairs. Dr. to the Deutch Amendment to H.R. 1927), Born in Hollandale, Mississippi, Milton Gas- Bynum is a member of Omicron Delta Kappa, ‘‘Yes’’ on roll call vote No. 26 (on agreeing ton was nurtured and reared by his parents, Chi Alpha Epsilon and Omega Psi Phi Frater- to the Moore Amendment to H.R. 1927), the late James and Luella Gaston, in Glen nity, Inc. ‘‘Yes’’ on roll call vote No. 27 (on agreeing Allen, Mississippi. He is the seventh born of A God-loving, God-fearing man, he is mar- to the Moore Amendment to H.R. 1927), eleven children to his parents. Gaston proudly ried to Deborah Elaine Bynum, a manager and ‘‘Yes’’ on roll call vote No. 28 (on agreeing admits that his parents reared them to be a 34-year employee with AT&T Mobility Serv- to the Waters Amendment to H.R. 1927), close-knit family and his siblings and he re- ices, and they are the proud parents of six ‘‘Yes’’ on roll call vote No. 29 (on agreeing main so today. children—Tyrone (a student at Georgia State to the Johnson (GA) Amendment to H.R. Milton Gaston was educated in the Glen University), Tyler (a student-athlete graduate 1927), Allen Public Schools. of Truett-McConnell College), Chelsea (a stu- ‘‘Yes’’ on roll call vote No. 30 (on agreeing Understanding the meaning of family as so dent at Clark Atlanta University and Army Re- to the Jackson Lee Amendment to H.R. 1927), taught by his parents, Mr. Gaston met and servist), Zack (a student at Morehouse Col- ‘‘Yes’’ on roll call vote No. 31 (on agreeing married Ms. Alice Watts. To their union, six (6) lege), and Jordan and Jazz (both of whom are to the Nadler Amendment to H.R. 1927), children and ten (10) grandchildren are being Atlanta public high school students). ‘‘Yes’’ on roll call vote No. 32 (on the motion shaped for this most extraordinary world. Dr. Bynum’s personal and professional to recommit H.R. 1927, with instructions), and To support his family, Mr. Gaston began motto is ‘‘Look back and thank God. Look for- ‘‘No’’ on roll call vote No. 33 (on passage of work with the Washington County Sheriff De- ward and trust God. Look around and serve H.R. 1927). partment on January 20, 1986 under the lead- God. Look within and find God.’’ f ership of the late Sheriff Harvey Tackett, Sr. In Mr. Speaker, I ask my colleagues to join me July of that same year, Milton Gaston, Sr., be- in recognizing Dr. William B. Bynum, Jr., a IN RECOGNITION OF MRS. SUE came the only civilian sent to the Jackson Po- teacher, professional and educator for his con- BAUCH lice Academy in Jackson, Mississippi to be tribution to serving others and giving back to certified and deputized under Sheriff Tackett’s the African American community. HON. DAVID G. VALADAO administration. Because of his work ethics, Greenville Optimist Club named him as Dep- f OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES uty Sheriff of the year in 1989. PERSONAL EXPLANATION On November 3, 2003, Washington County Thursday, January 28, 2016 elected Milton Gaston, Sr. as Sheriff of Wash- HON. ADAM SMITH Mr. VALADAO. Mr. Speaker, I rise today to ington County, Mississippi. At the age of 42, OF WASHINGTON congratulate Mrs. Sue Bauch on her retire- he was the first African American in this county to hold this distinguished position. County IN THE HOUSE OF REPRESENTATIVES ment after twenty eight years of dedicated service to the City of Kingsburg. Court Chancellor Vernita King-Johnson swore Thursday, January 28, 2016 Mrs. Bauch was born in Auberry, California. him in on January 5, 2004 to uphold this posi- Mr. SMITH of Washington. Mr. Speaker, on During her childhood, she attended local tion to serve and protect the citizens of Wash- the afternoon of Thursday, January 7 and Jan- schools and later graduated from Sierra Union ington County, Mississippi. Currently, Sheriff uary 8, 2016, I took medical leave to attend to High School. Mrs. Bauch and her husband Gaston is in his third term, serving more than an appointment related to an upcoming hip re- Guy have four children, Shannon, DJ, Chad, twenty-nine (29) years in law enforcement with placement surgery and was unable to be and Michelle. a plethora of training on the state and federal present for recorded votes. Had I been On January 28, 1988, Mrs. Bauch began level. Additionally, he has initiated and over- present, I would have voted: working as a part-time Utilities Clerk for the seen a Juvenile Justice Intervention/Preven- ‘‘Yes’’ on roll call vote No. 7 (on agreeing to City of Kingsburg. Exactly one year later she tion Program that was developed to rebuild at the Johnson (GA) Amendment to H.R. 712), was hired on as full time and has since served risk youth between the ages of 12–15. The ‘‘Yes’’ on roll call vote No. 8 (on agreeing to in multiple positions, including Business Li- program was called ‘‘Biggest S.U.C.C.E.S.S.,’’ the Cummings Amendment to H.R. 712), cense Clerk, Building Secretary, Planning Sec- which is an acronym for Students Unani- ‘‘Yes’’ on roll call vote No. 9 (on agreeing to retary, and Deputy City Clerk. In 1998, she mously Conceiving Confidence & Excellence the Lynch Amendment to H.R. 712), was promoted to City Clerk and has held that in Skills and Success. The program was grant ‘‘Yes’’ on roll call vote No. 10 (on agreeing position ever since. In 2013, Mrs. Bauch also funded for one year. Currently, under his lead- to the Johnson (GA) Amendment to H.R. 712), served as the Acting City Manager of ership, the TRIAD of Washington County was ‘‘Yes’’ on roll call vote No. 11 (on the motion Kingsburg. established in 2012. This organization is com- to recommit H.R. 712, with instructions), Mrs. Bauch’s hard work and dedication to prised of senior citizens working with law en- ‘‘No’’ on roll call vote No. 12 (on passage of the City of Kingsburg is without question. She forcement to address their safety needs in the H.R. 712), is known in the community for her knowledge community. It is also state funded and has ‘‘Yes’’ on roll call vote No. 13 (on agreeing of all things Kingsburg and for her invaluable been approved for the current year’s funding. to the Johnson (GA) Amendment to H.R. guidance to fellow co-workers and residents. Sheriff Gaston’s staff is comprised of ap- 1155), After twenty eight years with the City of proximately 120 people between Washington ‘‘Yes’’ on roll call vote No. 14 (on agreeing Kingsburg, Mrs. Bauch retired on January 6, County Sheriff’s Department and Washington to the Cummings Amendment to H.R. 1155), 2016. During her time with the City of County Regional Correctional Facility; all of ‘‘Yes’’ on roll call vote No. 15 (on agreeing Kingsburg Mrs. Bauch was known as the whom he requires to help make Washington to the Cicilline Amendment to H.R. 1155), ‘‘face’’ of city hall. There is no doubt that the County, Mississippi a safe place for all of its ‘‘Yes’’ on roll call vote No. 16 (on agreeing city has benefited from her guidance through- citizens. to the DelBene Amendment to H.R. 1155), out her years of service. As if he is not constantly busy enough, ‘‘Yes’’ on roll call vote No . 17 (on agreeing Mr. Speaker, I ask my colleagues in the Sheriff Gaston devotes his time and servitude to the Cicilline Amendment to H.R. 1155), United States House of Representatives to as a member of New Hope First Baptist

VerDate Sep 11 2014 05:24 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JA8.002 E28JAPT1 emcdonald on DSK9F6TC42PROD with REMARKS E62 CONGRESSIONAL RECORD — Extensions of Remarks January 28, 2016 Church, Vice-President of the Usher Board, a efforts to help people attain justice and equal HONORING MOTHER MATTIE MAE member of the male choir, a member of the treatment under the law. In 2012 he was AMOS-MARSHALL 100 Black Men of the Mississippi Delta, a named one of Florida A&M’s Outstanding member of the Lake Vista Masonic Lodge Alumni of the Quasquicentennial and was hon- Number 46, a member of the Serene Lodge ored by the Howard University Alumni Club of HON. BENNIE G. THOMPSON Number 567, a member of the NAACP, and a Westchester and Rockland. OF MISSISSIPPI board member of the Boy’s and Girl’s Club. Mr. Speaker, I am proud to recognize my IN THE HOUSE OF REPRESENTATIVES Yet, after committing himself to all of this, constituent, Dr. Willie Bryant. I urge my col- his Lord, his family, his career, and his affili- leagues to join me in honoring his exceptional Thursday, January 28, 2016 ations, he still manages to conceive other in- life of service. genious ideas to help citizens in our area. He Mr. THOMPSON of Mississippi. Mr. Speak- er, I rise today to honor Mrs. Mattie Mae is indeed. ‘‘The Peoples’ Sheriff,’’ and he con- f siders it a pleasure to serve the citizens of Amos-Marshall, who was born in a small com- Washington County, Mississippi by striving to IN RECOGNITION OF INTER- munity in Florence, Mississippi called Steen make it a safer place in which to live. NATIONAL HOLOCAUST REMEM- Creek on October 15, 1915 to the late Mr. Ben Mr. Speaker, I ask my colleagues to join me BRANCE DAY AND 71ST ANNI- and Salle White-Amos. in recognizing Sheriff Milton Gaston for his VERSARY OF THE LIBERATION Mrs. Marshall married her childhood sweet- dedication to serving others and giving back to OF AUSCHWITZ heart, the late Mr. Jessie Marshall, at the age his community. of 18 and moved to Flora, Mississippi where f HON. SHEILA JACKSON LEE she began a family of her own. Mrs. Marshall was baptized at a young age RECOGNIZING DR. WILLIE BRYANT OF TEXAS at Stokes Chapel M.B. Church and later IN THE HOUSE OF REPRESENTATIVES moved her membership to Jones Chapel M.B. HON. NITA M. LOWEY Thursday, January 28, 2016 Church where she is a member of the Moth- OF NEW YORK Ms. JACKSON LEE. Mr. Speaker, I rise to er’s Board. Mrs. Marshall moved to Canton, IN THE HOUSE OF REPRESENTATIVES commemorate International Holocaust Re- Mississippi as a child and was educated in the Thursday, January 28, 2016 membrance Day and the 71st anniversary of Madison County School. Mrs. LOWEY. Mr. Speaker, I rise today to the liberation of the Auschwitz concentration Mr. Speaker, I ask my colleagues to join me recognize Dr. Willie Bryant, of Spring Valley, camp. in recognizing Mother Mattie Mae Amos-Mar- NY, a dentist and Hudson Valley civil rights It is fitting today to remember to those who shall. activist for nearly a half-century, who passed experienced the depth of human cruelty in that away December 28, 2015, at the age of 77. camp and all other Nazi concentration camps. f A lifelong NAACP member, Dr. Bryant was It is estimated that over one million pris- CONGRATULATING CARL active with the Rockland Human Rights Com- oners perished at the Auschwitz concentration SWINDELL ON HIS RETIREMENT mission and helped create the Spring Valley camp over the five years that it was oper- FROM THE EULESS POLICE DE- NAACP Life Membership Program. Dr. Bryant ational. PARTMENT also helped form the Rockland Employees I grieve for those lost souls, but I give Federal Credit Union, a non-profit group that thanks for the 7,500 prisoners who were liber- provided low-interest loans to people who ated 71 years ago today. HON. KENNY MARCHANT worked at the Rockland Psychiatric Center The stories of those survivors ensure that OF TEXAS and in county government. Dr. Bryant also we will never forget this crime against human- spearheaded the successful effort to have a ity and remain vigilant and dedicated to com- IN THE HOUSE OF REPRESENTATIVES statue of United States Supreme Court Justice bating hatred and oppression in all its forms. Thursday, January 28, 2016 Thurgood Marshall placed on the front lawn of For that reason, I would also like to bring at- the former Hillburn Main School, which was intention to the ongoing massacres and human Mr. MARCHANT. Mr. Speaker, I rise today tegrated following then-NAACP attorney Mar- rights violations being carried out by the mili- to congratulate Carl Swindell on his well- shall’s appeal to the New York State Commis- tant terrorist organization Boko Haram in Nige- earned retirement from the City of Euless Po- sioner of Education in 1943. ria. lice Department in Euless, Texas, after thirty- Dr. Bryant attended Florida A&M University, Just like the actions of the Nazis during two years of dedicated service. graduating in 1961, and then Howard Univer- World War II, the actions of Boko Haram Carl is a hardworking and highly respected sity School of Dentistry. He remained active in today are an affront to human life and dignity. officer of the Euless Police Department. He both universities’ alumni associations, serving From their first violent uprising in 2009, to has honorably served his community since be- as President of the Florida A&M Ossining (NY) the massacre in Baga less than one month ginning his distinguished career with the de- alumni branch, where he started a sickle-cell ago, Boko Haram has been waging a war that partment in 1983. Throughout his time in Eu- anemia screening project that reached more has cost an estimated 10,000 lives, and dis- less, Carl has received over 42 police com- than 1,200 people. Dr. Bryant interned at the placed more than one million people. mendations as evidence of his outstanding Veterans Administration Hospital in Philadel- service and professionalism. Whether he was phia and joined the dental staff of the FDR I thank President Obama and Secretary investigating criminal activity as a detective, Veterans Administration Hospital in Montrose, Kerry for their active engagement in sup- sharing his knowledge and experiences as a NY, in 1969. In 1982, Dr. Bryant began serv- porting the Nigerians in their efforts to combat field training officer, or protecting the children ing as the Director of Dental Services at Boko Haram. of Euless as a school police resource officer, Letchworth Village, a residential facility for I also thank the United States military, for Carl always provided an outstanding service to people with physical and mental disabilities in providing the Nigerian military with trainers his community. Thiells, NY. Dr. Bryant often said providing and specialists to aid them. dental care for the developmentally disabled But there needs to be more. Carl’s contributions to the law enforcement population was his biggest achievement and These atrocities must not be permitted to operations in the City of Euless have helped his most rewarding experience. continue, and we must do everything within to ensure countless officers have been ade- Dr. Bryant was honored many times our power to stop the kidnapping and killing of quately trained and prepared for the chal- throughout his career. He received the 2003 innocent men, women, and children across Ni- lenges they face in their everyday duties as ‘‘Volunteer Beyond Excellence’’ Award from geria. police. His legacy will leave a lasting mark on the New York Organ Donor Network for pro- So on this 71st anniversary of the liberation the City of Euless and the Euless Police De- moting organ and tissue donation. He was of Auschwitz, let us remember and honor partment for many years to come. named Rockland’s Alpha Man of the Year in those who perished in the Holocaust by re- Mr. Speaker, it is a pleasure to recognize 2004 and was awarded the Rockland Buffalo dedicating ourselves to combating genocide the exhaustive efforts Carl has contributed to Soldiers’ Award in 2006. Dr. Bryant was a and the oppression of people by regimes and the City of Euless. I ask all of my distin- 2008 inductee into the Rockland County entities motivated by hatred, religious bigotry, guished colleagues to join me in recognizing Human Rights/Civil Rights Hall of Fame for his megalomania, or false ideologies. Carl Swindell and his many years of service.

VerDate Sep 11 2014 05:24 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JA8.005 E28JAPT1 emcdonald on DSK9F6TC42PROD with REMARKS January 28, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E63 PERSONAL EXPLANATION Known as the land of peace and prosperity, Although poor by economic standards and the beautiful country of Kazakhstan sits on conditions, he and his siblings learned early of HON. ADAM SMITH 3,000 years of extraordinary history. the importance of working hard to make a de- OF WASHINGTON The country’s development has been influ- cent living by two nurturing parents, who were IN THE HOUSE OF REPRESENTATIVES enced by legends such as Alexander the farmers themselves and who also worked for Great and Genghis Khan. white farmers as well, picking cotton and such. Thursday, January 28, 2016 For centuries, the Silk Road through His parents were Edison Thomas Brown, Sr. Mr. SMITH of Washington. Mr. Speaker, on Kazakhstan served as one of the world’s old- and Ednora Randle Brown (both now de- Monday, January 11; Tuesday, January 12; est and most historically significant trade ceased). and Wednesday, January 13, 2016, I took routes. His father was also a U.S. Army veteran medical leave to attend appointments related All of this has contributed to the richness of who served in World War II. In fact, Mr. Brown to an upcoming hip replacement surgery and the Kazakh culture and its capacity to adapt says he was inspired to volunteer to serve his was unable to be present for recorded votes. and develop. country in the military by his father and eldest Had I been present, I would have voted: Much like her home country, Galiya brother James, a U.S. Army Vietnam veteran. ‘‘Yes’’ on roll call vote No. 34 (on the motion Umarova adapted and developed as she ac- After graduating from high school at what is to suspend the rules and pass H.R. 598, as companied her husband throughout his diplo- formerly known as Tchula Attendance Center amended), ‘‘Yes’’ on roll call vote No. 35 (on matic service for his country. (TAC) in Tchula. MS, he began his military ca- the motion to suspend the rules and pass H.R. In fact, Galiya adapted to the DC life by reer in July, 1975 at Fort Knox, Ky. 3231, as amended), ‘‘No’’ on roll call vote No. driving herself around town, navigating the During his tour of duty, he was trained and 36 (on ordering the previous question on H. hectic DC traffic. served as a Track Vehicle Mechanic, special- Res. 583), ‘‘No’’ on roll call vote No. 37 (on Galiya and the Ambassador traveled the izing in diesel repairs. His U.S. military career agreeing to the resolution H. Res. 583), ‘‘Yes’’ world over, spreading the imperative of cul- also included service in Gelnhausen, Ger- on roll call vote No. 38 (on agreeing to the Kil- tural tourism, the beautiful culture of many. dee Amendment to H.R. 1644), ‘‘Yes’’ on roll Kazakhstan and its over 140 different ethnic While in the military, he earned the rank of call vote No. 39 (on agreeing to the Cartwright groups, while working to promote peace at Specialist 4th Class (SPEC 4). Proud to serve Amendment to H.R. 1644), ‘‘Yes’’ on roll call home and in bilateral relations such as its re- his country, Mr. Brown is grateful that his mili- vote No. 40 (on agreeing to the Sewell lationship with the United States. tary career afforded him many travels that he Amendment to H.R. 1644), ‘‘Yes’’ on roll call The couple embodied what former UN Sec- would not have afforded to make and opportu- vote No. 41 (on the motion to recommit H.R. retary General Kofi Annan declared about their nities he possibly would not have had. 1644, with instructions), ‘‘No’’ on roll call vote country: ‘‘Kazakhstan may serve as an exam- Mr. Brown’s tour of duty concluded at Fort No. 42 (on passage of H.R. 1644), ‘‘Yes’’ on ple of a peaceful multiethnic country where Stewart, GA in 1979; however, he remained in roll call vote No. 43 (on the motion to suspend ethnic diversity is a blessing, but not a curse.’’ reserve status until 1981, when he received the rules and pass H.R. 757, as amended), Kazakhstan is located in the central part of an Honorable Discharge. Pursuant to a unanimous consent request Eurasia, almost equidistant from the Atlantic After the military, Mr. Brown took advantage made by Majority Leader KEVIN MCCARTHY, Ocean and the Pacific Ocean. of the GI Bill and began to educate himself and agreed to without objection, the roll call Indeed, throughout history, Kazakhstan was (part-time) in Electronic Service Technology vote No. 44 and the motion to reconsider an arena for brisk commercial and political re- coursework. Over the years, he has served in thereon were vacated and further proceedings lations and it now plays an important role as several employment capacities in the Metro on the question of passage of H.R. 3662 post- a link between Europe, Central Asia and the Jackson area. His longest stint was with poned as though under clause 8 of rule 20 rapidly developing Asian-Pacific region. McRaes Distribution and its merging oper- through the legislative day of January 26, Notwithstanding her husband’s busy diplo- ations, 1985–2001. 2016, and ‘‘No’’ on roll call vote No. 45 (on matic schedule over the past 2 decades, Today, a Clinton, Miss. resident in the Sec- passage of H.R. S.J. Res. 22). Galiya worked hard to bring balance into her ond Congressional District, Mr. Brown spends f family life. most of his time actively serving in Holy Tem- For example, she always found time to ple Baptist Church of West Jackson, pastored IN HONOR OF GALIYA UMAROVA enjoy comedy films with her family. by the history-making Rev. Audrey Lynne Hall. She also enjoyed a variety of hobbies such At Holy Temple as a deacon, he is Chairman HON. SHEILA JACKSON LEE as tennis, golf, practicing yoga, growing her and also serves as Sunday School Super- OF TEXAS own natural fruits and vegetables in her gar- intendent and teacher. He, his wife, Gail, and IN THE HOUSE OF REPRESENTATIVES den. son, Edison, III, have also participated in the Today, I hope my colleagues will join me in church’s ongoing Homeless Outreach Ministry Thursday, January 28, 2016 sending prayers and condolences to Ambas- in which the church gives toiletries, snacks Ms. JACKSON LEE. Mr. Speaker, it is with sador Umarov and his family. and other needful items to the homeless once a heavy heart that I inform this House that on I also ask for a moment of silence in Galiya a month at Poindexter Park near Downtown January 4, 2016, Galiya Umarova, wife of Am- Umarova’s honor and memory. Jackson. bassador Kairat Umarov of Kazakhstan f Mr. Brown’s favorite scripture of the Bible in passed away. which he tries to live by is Proverbs 3:5–6— The Ambassador and Galiya were married HONORING VETERAN EDISON ‘‘Trust in the Lord with all thine heart; and lean for thirty years. THOMAS BROWN, JR. not unto thine own understanding. In all thy Their son, Gaini, currently works for an ways acknowledge him, and he shall direct thy international consulting group in Astana, HON. BENNIE G. THOMPSON paths.’’ Kazakhstan. OF MISSISSIPPI Mr. Speaker, I ask my colleagues to join me Galiya and her husband have known each IN THE HOUSE OF REPRESENTATIVES in recognizing a special Veteran, Mr. Edison other much longer than the beginning of his Thursday, January 28, 2016 Thomas Brown, Jr., for his dedication and diplomatic career. support to the Holmes County Community. The two met in English class, where he en- Mr. THOMPSON of Mississippi. Mr. Speak- f tertained her with his funny stories. er, I rise today to honor a remarkable veteran, Galiya grew up in Almaty, Kazakhstan’s Mr. Edison Thomas Brown, Jr. PATRICIA SPENCER largest city and the country’s foremost histor- U.S. Army Veteran Edison Thomas Brown, ical, financial and cultural center. Jr. is a Mississippi native who was born and HON. KATHY CASTOR She dedicated her life to the promotion of reared in the hills of Holmes County within the OF FLORIDA the importance of education and was a pas- U.S. Second Congressional District. IN THE HOUSE OF REPRESENTATIVES sionate supporter of building progress in her Born in the very late 1950’s, Mr. Brown, and home country, including her husband’s work other youth like him, grew up during the heat Thursday, January 28, 2016 on behalf of his country. of oppression, segregation and poverty of the Mr. CASTOR of Florida. Mr. Speaker, I rise For example, the Ambassador and Galiya Holmes County 1960s civil rights movement. today to recognize and honor the life of an ex- were posted to the United States capitol three Yet, Mr. Brown says, he nor his family ever traordinary leader and passionate advocate for different times in the span of 15 years. viewed themselves as underclass. freedom and justice, Ms. Patricia Spencer.

VerDate Sep 11 2014 05:24 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JA8.010 E28JAPT1 emcdonald on DSK9F6TC42PROD with REMARKS E64 CONGRESSIONAL RECORD — Extensions of Remarks January 28, 2016 Growing up in Montgomery, Alabama in the groups and find solutions and funding to ac- HONORING REV. ROBERT L. 1930s, Patricia Spencer followed in her moth- complish the work—the creation of a commu- MILLER er and grandmother’s footsteps becoming a nity free from violence and harm. Among her member of the NAACP at the age of seven, a many accomplishments is the ability to fund HON. BENNIE G. THOMPSON group which she was still a member of 72 the agency and its projects. Under her guid- OF MISSISSIPPI years later. At the age of nineteen, while serv- ance, the budget and the capacity of NOVA IN THE HOUSE OF REPRESENTATIVES ing as Secretary of the local NAACP branch, rose from $235,000 in 1991 to more than $3.3 Ms. Spencer received the news that her men- million today. Another initiative that defined Thursday, January 28, 2016 tor on the NAACP Youth Council, Rosa Parks, her management ability was the NOVA com- Mr. THOMPSON of Mississippi. Mr. Speak- was arrested while riding the Montgomery bus. prehensive capital campaign she launched in er, I rise today to honor a God-fearing and im- Ms. Spencer immediately started churning out 2008, called Voices Against Violence. The pressionistic man, Rev. Robert L. Miller. Rev. fliers urging others to boycott the bus. During goal was set at $1.9 million, but at the end of Miller has shown what can be done through this time Ms. Spencer also babysat Yolanda the campaign $2.1 million was raised. Once tenacity, dedication and a desire to serve God. King, the first eldest child of Martin Luther again, her knowledge, dedication and her out- Rev. Miller has done many things through- King, Jr. standing management abilities led the way. out his life, but inside he has always been a Ms. Spencer graduated from Alabama State Barbara has the appreciation and gratitude of preacher. At 89 years old, he can’t see himself University and then moved to Orlando, FL to her colleagues, those she mentored, and the ever hanging it up, because it’s his calling. take a position as an operator with Southern community she served. In so doing, she has Some of the members of the church have said Bell, the first African American to hold this po- set an example for others to follow. their church will close its doors if he leaves. sition. From there she moved to Detroit and He is currently serving five churches on a served 13 years on the local school board. In f rotation schedule where he will do two serv- recognition of her service to the Detroit area, ices a Sunday except one Sunday a month, the Martin Luther King, Jr. High School Audito- JARVIS GLOVER he only does one service. rium and the swimming facility at Charles Ket- Forty years ago in July is when he first took tering High School bear her name. In the mid the pulpit at New Mount Zion M.B. Church. 1990s she moved to Tampa, FL. Once settled HON. KATHY CASTOR Eleven years later in June 1986, he began in, she immediately started to volunteer with OF FLORIDA serving his fifth church, Locust Grove M.B. the Hillsborough NAACP branch, where she IN THE HOUSE OF REPRESENTATIVES Church. used her vast knowledge of the organization’s He also preached at Providence M.B. rules to mentor members and secure funding Thursday, January 28, 2016 Church from 1971 until 1986. He has served for the branch. She served as Membership as vice moderator of the Sharkey County Bap- Chair and Area Director for the NAACP’s state Ms. CASTOR of Florida. Mr. Speaker, I rise tist Association and is currently the moderator conference as well as Secretary of the today to recognize and honor the service and of the Warren County Baptist Association. Hillsborough County chapter. She will forever dedication of an extraordinary community He was ordained in December 1968 and be remembered for her constant efforts to servant, Mr. Jarvis Glover. started serving his first church just weeks boost NAACP membership. Born and raised in Port Tampa, Mr. Glover later. In addition to her work with the NAACP, Ms. has been fondly known as its unofficial Mayor. The profession is so much a part of his Spencer also co-chaired the Afro-Academic, Mr. Glover started his career with Hillsborough soul; oftentimes he slides into preacher mode Cultural, Technologic and Scientific Olympics. County in 1975, at a time when our nation, mid-conversation. The only job Rev. Miller has This program recruits high school students to and our own community, was progressing and ever had besides being a preacher was a let- compete in science and visual arts competi- on the cusp of tremendous growth. Beginning ter carrier for 25 years. tions. In 2007, Governor Charlie Crist ap- as a groundskeeper, Jarvis served to improve At 18, Miller was drafted and left high pointed her as a member of the Hillsborough the lives of the citizens of Hillsborough Coun- school to join World War II. He spent time in County Civil Service Board. ty, Florida in many capacities throughout the France, England, Belgium and Germany as a Ms. Spencer will be forever remembered as following four decades of his tenure. Mr. Jarvis medic. Once the war was over, he returned to a leader in the Tampa Bay community for her recently retired from Hillsborough County, after Vicksburg to finish his high school degree at unequivocal support of justice and fairness. serving with unwavering discipline and integ- Bowman High School. On December 15th, 2015, she passed away rity and inspiring future generations of public Rev. Miller married two years later and had two days after her 79th birthday. Mr. Speaker, servants. eight children with his wife of almost 30 years. I join the Tampa Bay community in honoring Mr. Glover’s outstanding work ethic and She passed away in 1979. He was remarried Ms. Patricia Spencer for her lifelong commit- stalwart dedication have made an indelible in August 2013 to Elease Fisher Miller. ment to service. mark on day-to-day County business and rep- Mr. Speaker, I ask my colleagues to join me f resents the values that this community up- in recognizing Rev. Robert L. Miller for 40 holds. Mr. Glover has had a big heart for pub- years of service to New Mount Zion M.B. HONORING BARBARA CLARK lic service, which has perhaps made him Church. Hillsborough County’s greatest ambassador f HON. MICHAEL G. FITZPATRICK and he is revered by everyone. OF PENNSYLVANIA IN RECOGNITION OF MR. ROBERT Mr. Glover’s commitment and devotion be- STUCKY IN THE HOUSE OF REPRESENTATIVES gins with his family. He is quick to credit his Thursday, January 28, 2016 loving wife, Clara, as a driving force in his life. HON. DAVID G. VALADAO His own children, La’Daishia and Jarvis Jr., Mr. FITZPATRICK. Mr. Speaker, congratula- OF CALIFORNIA have supported and followed in their father’s tions to Barbara Clark for a job well done on IN THE HOUSE OF REPRESENTATIVES the occasion of her retirement. This is a mile- lofty footsteps into public service. stone for the executive director who led the Mr. Glover’s praise and admiration by every- Thursday, January 28, 2016 Network of Victim Assistance for 25 years. one he meets has not happened overnight. He Mr. VALADAO. Mr. Speaker, I rise today to NOVA, which serves Bucks County and the has earned it by demonstrating a daily pledge congratulate Mr. Robert ‘‘Bob’’ Stucky on his Philadelphia area is recognized for its high to serve his colleagues and neighbors with re- retirement after twenty seven years of dedi- quality services for the most vulnerable in the spect and hard work. His example of genuine cated service to the City of Kingsburg. community. Under her direction, NOVA enthusiasm for public service should serve to Mr. Stucky was born on January 3, 1954 in evolved from a small victims services organi- motivate so many answering the call to join Reedly, California. Growing up in the Central zation to a large, financially sound, nationally our public agencies, which have a profound Valley, Mr. Stucky attended local schools and recognized organization with high standards of impact on millions in almost every aspect of graduated from Reedly High School in 1972. services available to crime victims, including— their lives. Hillsborough County is a better Bob and his wife Donna have two children, children, the elderly and people with disabil- place because of Mr. Glover. Mr. Speaker, I Tim and Lisa. ities. As executive director, Barbara Clark led am proud to join the Hillsborough County com- On August 15, 1988, Mr. Stucky began the way and was widely recognized and hon- munity in thanking Jarvis Glover for his dec- working as a Maintenance Worker with the ored for her ability to create problem-solving ades of exceptional service. City of Kingsburg Public Works Department.

VerDate Sep 11 2014 05:24 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JA8.013 E28JAPT1 emcdonald on DSK9F6TC42PROD with REMARKS January 28, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E65 Throughout his career, Mr. Stucky has worked HONORING MAMIE OSBORNE A former Chicago police officer and lawful in several capacities including Water Specialist gun owner, Mr. Oliver attempted to defend and Water Operator. HON. BENNIE G. THOMPSON himself when approached by the robbers but Mr. Stucky has served the citizens of OF MISSISSIPPI was ruthlessly shot by one of the thieves as Kingsburg loyally and with dedication. His in- IN THE HOUSE OF REPRESENTATIVES they attempted to steal his briefcase. sight and efforts have kept the city’s water Thursday, January 28, 2016 As a McDonalds franchise owner for nearly supply clean, safe, and reliable for all those in 37 years, Mr. Oliver was well known through- the community. Mr. THOMPSON of Mississippi. Mr. Speak- out Houston as a kind-hearted and giving After twenty seven years with the City of er, I rise today to honor Mamie Osborne, who man, who helped open many doors for those Kingsburg, Mr. Stucky retired on January 6, is an assistant professor of English and has in his community. 2016. The City of Kingsburg has been ex- devoted herself to teaching and research He often fed the homeless and neighbor- tremely lucky to have such a diligent and since she began working at MVSU in 1999. hood children simply in need of a warm meal. hardworking individual protect their water sup- She completed post-graduate studies at the He did not hesitate to help those he knew ply. University of Toledo, University of Louisville, or those he came across in need of a helping Mr. Speaker, I ask my colleagues in the and University of Mississippi in American lit- hand. United States House of Representatives to erature, rhetoric and composition, children’s Laudably, Mr. Oliver was most recognized join me in commending Mr. Robert Stucky for and young adult literature, and received an for providing employment opportunities to help his decades of dedicated public service and undergraduate degree in English from MVSU. individuals succeed in his community, includ- congratulating him on his recent retirement. As a professor, Osborne assisted the De- ing hiring teenagers from a local high school partment of English and Foreign Languages’ and working with several programs to hire in- f English Education program successfully by dividuals with criminal records looking for a drafting two NCATE self-study reports and 10TH ANNIVERSARY OF CBP’S AIR second chance. earning the program the status of ‘‘Nationally Mr. Oliver also served as a volunteer Chap- AND MARINE OPERATIONS—OR Recognized’’ twice; she is a member of Val- lain for the Fort Bend County Precinct Two AMO ley’s Quality Enhancement Plan faculty team; Constable’s office, where he led the commu- and she holds membership in the National nity in prayer at school events and nursing HON. CANDICE S. MILLER Council of Teachers of English (NCTE) and homes. OF MICHIGAN the Black Caucus of NCTE. Giving back to his community in more ways IN THE HOUSE OF REPRESENTATIVES Osborne is a scholar and creative writer. than one, Mr. Oliver had a servant’s heart and Her scholarly and creative works have been Thursday, January 28, 2016 a lifelong calling to help the poor and under- published in national and international schol- privileged. Mrs. MILLER of Michigan. Mr. Speaker, I arly and literary journals including: The South- He is survived by his wife of 49 years, rise today to recognize the 10th anniversary of ern Quarterly, Valley Voices, Black Magnolias, Jolene Oliver and their two children Cedric Oli- the merger of U.S. Customs and Border Pro- The Kentucky River, and Renditions (Hong ver and Stephanie Oliver, as well as a host of tection’s (CBP) air and marine assets, which Kong). Her interview with Sterling Plumpp will relatives, friends and his McDonald’s family. today are known as CBP’s Air and Marine Op- be published in Conversations with Sterling The loss of this great man will run deep erations—or AMO. This valuable component Plumpp by the University Press of Mississippi throughout Houston. of CBP provides critical aviation and maritime in spring, 2016. She has also made numerous We will miss him and his beautiful acts of capabilities that support security along the na- presentations at professional conferences and kindness and generosity. tion’s land and maritime borders. serves as an editor for Valley Voices, a na- I hope Houston can find peace and comfort Prior to the establishment of DHS in 2003, tional journal for criticism and writing published in the legacy of greatness he leaves with us, the assets and personnel that comprise AMO at MVSU. and that others continue to follow in his foot- were divided amongst multiple agencies, in- The assistant professor devotes herself to steps. cluding the U.S. Customs Service and the community service. Osborne has volunteered I also hope that we continue to fight gun vi- U.S. Border Patrol. These resources were to help the City of Itta Bena address its com- olence and find ways to prevent these awful consolidated under DHS and integrated into munity’s literacy problem by volunteering dur- acts of violence. CBP to better coordinate and align our na- ing the summer and after school at the Itta This tragic event sadly demonstrates the tion’s border and maritime security resources Bena Public Library and for the past two years clear and present dangers of gun violence in and increase the effectiveness of those re- conducted workshops for the MVSU Reading our society, despite individuals being a lawful sources. Institute in children and young adult literature gun owner themselves. Today, AMO helps secure our nation from and writing. As my colleagues and I continue to push for transnational threats, including terrorism; Mr. Speaker, I ask my colleagues to join me gun safety legislation, we must come together weapons and drug smuggling; and other illicit in recognizing Mamie Osborne, a professor, and acknowledge that we are all at risk, and transnational activities. writer, researcher and educator, for her dedi- that none of us are immune from the dangers With 1,800 federal agents and specialists, a cation to serving others and giving back to the of gun violence. fleet of aircraft and marine vessels, and an African American community. In solemn remembrance of this beloved and array of advanced surveillance and domain f remarkable community leader, I ask that a mo- awareness technologies, AMO conducts its MOURNING THE LOSS AND HON- ment of silence be observed in his memory. mission along our land borders and coastlines, ORING THE LIFE OF CARROLL f and within the nation’s interior. PATRICK OLIVER Based out of more than 90 locations PERSONAL EXPLANATION throughout the United States, AMO performed approximately 30,000 missions, which sup- HON. SHEILA JACKSON LEE OF TEXAS HON. MICHAEL T. McCAUL ported 51,000 apprehensions and made 4,500 OF TEXAS IN THE HOUSE OF REPRESENTATIVES arrests ensuring the safety and security of our IN THE HOUSE OF REPRESENTATIVES nation. Thursday, January 28, 2016 Thursday, January 28, 2016 As one of the nation’s largest and most ca- Ms. JACKSON LEE. Mr. Speaker, I have pable aviation and maritime law enforcement taken to this floor too many times to mourn Mr. MCCAUL. Mr. Speaker, on January 11, organization, AMO leverages its capabilities by tragic deaths caused by senseless acts of gun 2016. I was unable to cast a vote on two forging crucial partnerships with international, violence. measures which were before the floor of the federal, state, local and tribal agencies in sup- I rise today to remember Mr. Carroll Patrick House of Representatives due to business I port of national security, law enforcement, dis- Oliver of Houston, Texas, a well-loved and re- was conducting in my capacity as Chairman of aster relief, and humanitarian operations. spected businessman and community leader the House Homeland Security Committee. On behalf of a grateful nation, I want to of my 18th district. Therefore, I would like to present this letter of commend the men and women of the CBP’s Mr. Oliver was tragically murdered on Mon- intent. Air and Marine Operations for their years of day, January 11, 2016, when he was shot and The two measures that I was unable to cast service and wish them a happy 10th anniver- killed in a robbery as he left his place of busi- a vote on were Roll Call Number 34, H.R. sary. ness to do a morning bank run. 598, the Taxpayer Right-To-Know Act, and

VerDate Sep 11 2014 05:24 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JA8.017 E28JAPT1 emcdonald on DSK9F6TC42PROD with REMARKS E66 CONGRESSIONAL RECORD — Extensions of Remarks January 28, 2016 Roll Call Number 35, H.R. 3231, the Federal constituent, Ms. Patricia Simmons, a true ad- L. Dowd, a native of Marks, Mississippi, and Intern Protection Act of 2015. On both the vocate for children. I urge my colleagues to they have three children, John Arthur III, Faith measures my intent was to vote ‘‘yea’’ had I join me in honoring her exceptional life. Alexandria and Grace Elizabeth. Finally, been present on the House floor. f Brother Wicks’ motto is traditional, tried and f true: ‘‘To God be the glory for the many won- HONORING JOHN A. WICKS, JR. derful things He has done!’’ RECOGNIZING MS. PATRICIA Mr. Speaker, I ask my colleagues to join me SIMMONS HON. BENNIE G. THOMPSON in recognizing Pastor John A. Wicks, Jr. for OF MISSISSIPPI his dedication to serving others. HON. NITA M. LOWEY IN THE HOUSE OF REPRESENTATIVES f OF NEW YORK Thursday, January 28, 2016 CONGRATULATING THE CHARLES IN THE HOUSE OF REPRESENTATIVES Mr. THOMPSON of Mississippi. Mr. Speak- COUNTY CHAMBER OF COM- Thursday, January 28, 2016 er, I rise today to honor a remarkable public MERCE ON ITS SIXTIETH ANNI- Mrs. LOWEY. Mr. Speaker, I rise today to servant, John A. Wicks, Jr., who is a native of VERSARY recognize Ms. Patricia Simmons, an inspiring Jackson, Mississippi. educational leader from Pomona, New York. John A. Wicks, Jr. is the son of Mr. and HON. STENY H. HOYER who passed away on December 27, 2015. Mrs. John A. Wicks, Sr. of Jackson. He at- OF MARYLAND For the last 15 years, Ms. Simmons served tended Jackson Public Schools and graduated IN THE HOUSE OF REPRESENTATIVES with distinction, grace and total dedication to from Murrah High School. He then matricu- Thursday, January 28, 2016 students as Principal of Fleetwood Elementary lated at Alcorn State University in Lorman, Mr. HOYER. Mr. Speaker. I rise today to School in Chestnut Ridge, New York. She was Mississippi where he received a B.S. degree recognize the Charles County Chamber of an integral, respected and beloved part of the in Computer Science and Applied Mathe- Commerce on the occasion of its sixtieth anni- entire East Ramapo Central School District matics and was the valedictorian of his grad- versary. Since its establishment in 1956, with community, serving as President of the East uating class. While at Alcorn, Brother Wicks Reed McDonagh as its first President, the Ramapo Building Administrators Association, a was active in many organizations and served Chamber has provided a boost to the local co-founder of the Rockland Association of as president of both Alpha Kappa Mu honor business community through educational sem- Black School Educators and as a board mem- society and the Alpha Zeta chapter of Phi inars, public forums business development ber of the CEJJES Institute, a local cultural, Beta Sigma Fraternity, Inc. Brother Wicks strategies, and a strong voice for the needs of educational, and research foundation dedi- went on to obtain a M.S. degree in Electrical its members. Working in partnership with the cated to improving educational and social con- Engineering from North Carolina A & T State county government, the public school system, ditions for all. Ms. Simmons also served on University in Greensboro, North Carolina and and local community leaders, the Chamber the Spring Valley NAACP Education Com- a Ph.D. in Electrical Engineering from Virginia continues to contribute to the goal of ensuring mittee as a strong advocate for student, par- Tech in Blacksburg, Virginia where he also that Charles County grows and remains a ent, and community engagement in local served as president of the Black Graduate great place to do business. schools. Student Organization. He has taught Com- With each passing decade, the Charles At Fleetwood, Ms. Simmons quietly and ef- puter Engineering at Tuskegee University in County Chamber of Commerce has taken cre- fectively instilled a sense of hope and respect Tuskegee, Alabama and Computer Science at ative steps to fulfill its mission to support its in all her students and pride and confidence in Jackson State University in Jackson, Mis- members and advance the county as a leader the teachers and staff. During the winter, Ms. sissippi. for economic growth and private sector job Simmons would stand at the entrance of the In October 1977, Brother Wicks accepted creation in Southern Maryland through its ef- school to make sure every child was wearing Jesus Christ as his Lord and Savior, uniting fective advocacy, high level networking and a coat, gloves, and hat. providing for those with New Hope Baptist Church in Jackson, timely communications. who did not have their own. On Fridays, Ms. Mississippi, where he was active in the youth The Chamber has always dedicated itself to Simmons would pack food in students’ department. In May 1997, while working as an the mission of making Charles County a great backpacks to make sure they did not go hun- instructor at Tuskegee University, he acknowl- place to invest, work, and grow a business. In gry over the weekend. Ms. Simmons and her edged the call to preach the gospel. Subse- its first years the Chamber gave rise to the staff at Fleetwood Elementary would also sup- quently, he attended the Montgomery Bible In- Committee of 100, which later became the ply gifts for children and deliver turkeys for stitute in Montgomery, Alabama and served as county’s Economic Development Commission. Thanksgiving to families in need. an associate minister at Greater Peace Baptist In the 1970’s, it established the Annual Trade Ms. Simmons earned a Bachelor of Science Church in Opelika, Alabama. In August 1998, Show to introduce local businesses, large and degree in Elementary Education with a minor Brother Wicks began service as an associate small, to county residents and to promote in Black and Hispanic Studies from the State minister at New Hope Baptist Church in Jack- available services. In the decade that followed, University of New York at Oneonta; a Master son. In August 2000, he accepted the call to it launched a scholarship program in memory of Arts in Education, specializing in Infant and serve as the interim pastor of Mount Nebo of U.S. Navy Seabee diver, Robert D. Toddler Educational Development and Read- Baptist Church in Jackson. On January 18, Stethem, a Charles County resident and an ing Recovery at New York University; and a 2001, Brother Wicks was elected to serve as early victim of the War on Terrorism, an exam- Master of Education in Administration and Su- Mount Nebo’s sixth pastor and was installed ple of the many ways it has worked to pervision from Bank Street College. She on March 25th. strengthen the local community over the began her career in Brooklyn as a classroom In addition to his pastoral duties at Mount years. teacher and reading specialist, and later was Nebo, Brother Wicks has served on various The Chamber created a memorial ‘‘Business appointed Assistant Principal at the Crispus community boards including the Mission Mis- of the Year’’ Award honoring Reed McDonagh Attucks School in Bedford Stuyvesant, until sissippi Resource Development Committee. in the 1990’s to recognize a business that pro- her appointment as Principal of Fleetwood El- He has also served as a writer for the Clarion- vides exceptional leadership in advancing the ementary. In her early years at Fleetwood Ele- Ledger Faith Forum and is currently serving mission of the Chamber and its core prin- mentary, Ms. Simmons received the Excel- as the State Director of Education for the Gen- ciples. Around that time as well. the Chamber lence in Education Award in 2004 from The eral Missionary Baptist State Convention of played a vital role in advocating for the impor- Parent and Student Advocacy Network in Mississippi, Inc., and the Senior Vice-Moder- tance of the Naval Surface Warfare Center. In- Rockland County. She was honored by the ator of the Jackson District Missionary Baptist dian Head Division, during the BRAC Commis- Epsilon Chi Chapter of the National Sorority of Association. sion process, in which I was proud to help Phi Delta Kappa, Inc., as a ‘‘Bridge Builder’’ in Brother Wicks has been the recipient of var- lead the fight to keep these installations open 2009 for her dedication to ensuring a prom- ious awards and accolades including the and an integral part of Southern Maryland’s ising future for East Ramapo youth. She also Metro-Jackson chapter of the NAACP 2008 culture and economy. was selected to receive the Empire State Su- Medgar Evers Award winner, a Mississippi In recent years, the Chamber has played a pervisors and Administrators Award for Admin- Gospel Music Awards 2011 Pastor of the Year critical role in working with federal, state, and istrator of the Year in 2012. honoree, and the 2011 Image Award Winner local officials to help businesses and families Mr. Speaker, I am proud to recognize the for Religion bestowed by Phi Beta Sigma Fra- get back on their feet after a devastating tor- many outstanding accomplishments of my ternity, Inc. He is married to the former Felice nado, bringing a minor league team to the

VerDate Sep 11 2014 05:24 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JA8.021 E28JAPT1 emcdonald on DSK9F6TC42PROD with REMARKS January 28, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E67 county, and forging a new international part- His 1972 album, The Rise and Fall of Ziggy He started upholstery in October of 1986 nership through the Sister City program. The Stardust and the Spiders from Mars, made under the leadership of Mr. Fritz Johnson of Chamber has also been an active member of him a bona fide superstar. Hamilton, Michigan. He worked as a trainer for the Tri-County Council of Southern Maryland. By the mid-1970s David Bowie had contin- two years and was able to pass all require- Now located in La Plata, its services are easily ued his chameleon style by jettisoning the out- ments receiving a Certificate in Upholstery in accessible to residents and businesses across rageous costumes and garish sets. 1987. Charles County, and it has broadened its ef- Then in two short years released the al- Mr. Pepper is a good steward of the com- forts to take advantage of new developments bums David Live in 1974 and Young Ameri- munity and enjoys learning new information in the region through its Young Professionals cans in 1975. and techniques. He attended a government Group and Military Alliance Council. In 1980 David Bowie, while living in New program at Mississippi Christian Family Cen- Throughout its history, the Chamber has York, released Scary Monsters, a much- ter. sought to provide resources, gain insight, and lauded album that featured the single ‘‘Ashes He taught upholstery classes through the develop and advocate for solutions which con- to Ashes,’’ an updated version of his earlier Job Training Partnership Act (JTPA) to assist tinue making our local economy stronger and ‘‘Space Oddity.’’ the unemployed to seek employment and be- more vibrant. The Chamber prides itself on its David Bowie’s creative interests were not come employable through training and assist- commitment to helping members grow and limited to music. ance. In 2003 he decided to open Pepper’s prosper, and I hope my colleagues will join me In 1980, David Bowie performed on Broad- Upholstery and More in Rolling Fork, Mis- in saluting the great work it has done over the way in The Elephant Man and his passion for sissippi. past six decades. I look forward to continuing film helped land him the title role in The Man Mr. Speaker, I ask my colleagues to join me to work in partnership with the Chamber as it Who Fell to Earth in 1976 and a starring role in recognizing Mr. Cleveland Pepper for his continues to help make Charles County a in the film Labyrinth in 1986. hard work, dedication and a strong desire to great place live and do business. Over the next decade, David Bowie achieve. f bounced back and forth between acting and music. f IN TRIBUTE TO DAVID BOWIE, The most popular of David Bowie creations LEGENDARY PERFORMING AND of late has been Bowie Bonds, financial secu- PERSONAL EXPLANATION RECORDING ARTIST WHO NEVER rities the artist himself backed with royalties LACKED THE COURAGE OR CON- from his pre-1990 work. FIDENCE TO CHANGE David Bowie was inducted into the Rock HON. JUDY CHU and Roll Hall of Fame in 1996, and was a OF CALIFORNIA HON. SHEILA JACKSON LEE 2006 recipient of the Grammy Lifetime IN THE HOUSE OF REPRESENTATIVES OF TEXAS Achievement Award. Thursday, January 28, 2016 IN THE HOUSE OF REPRESENTATIVES He kept a low profile for several years until Ms. JUDY CHU of California. Mr. Speaker, Thursday, January 28, 2016 the release of his 2013 album, The Next Day, which skyrocketed to #2 on the Billboard on Thursday, January 7 and Friday, January Ms. JACKSON LEE. Mr. Speaker, it is with charts. 8, 2016, I was unavoidably absent. Had I been a deep sadness and a heavy heart that I rise He released Blackstar, his final album, on present on the House floor on January 7, today to pay tribute to David Bowie, a true his 69th birthday, January 8, 2016. 2016, I would have voted ‘‘aye’’ on Roll Call trailblazer of the music and film industry. New York Times critic Jon Pareles noted 13, Rep. Johnson Amendment No. 4; ‘‘aye’’ on David Bowie died on January 10, 2016 in Roll Call 14, Rep. Cummings Amendment No. New York City, from cancer; he was only 69 that it was a ‘‘strange, daring and ultimately rewarding’’ work ‘‘with a mood darkened by 6; ‘‘aye’’ on Roll Call 15, Rep. Cicilline Amend- years old. ment No. 7; ‘‘aye’’ on Roll Call 16, Rep. David Bowie was born David Robert Jones bitter awareness of mortality.’’ The world would soon learn that the album DelBene Amendment No. 8; ‘‘aye’’ on Roll Call in Brixton, South London, England, on January 17, Rep. Cicilline Amendment No. 9; ‘‘aye’’ on 8, 1947. had been produced under truly difficult circumstances when the music icon died on Jan- Roll Call 18, Rep. Pocan Amendment No. 10; David showed a strong interest in music ‘‘aye’’ on Roll Call 19, On Motion to Recommit from an early age and began playing the sax- uary 10, 2016, in New York City, two days after its release. with Instructions; ‘‘no’’ on Roll Call 20, On ophone at the age of 13. Passage of H.R. 1155, ‘‘Searching for and After graduating from Bromley Technical Mr. Speaker, David Bowie famously said of Cutting Regulations That Are Unnecessarily High School at the age of 16, David started himself, ‘‘I’m not a prophet or a stone aged Burdensome Act of 2015 or the SCRUB Act of working as a commercial artist. man, just a mortal with potential of a super- 2015; ‘‘no’’ on Roll Call 21, On Ordering the David Bowie was also a stand-in with a man. I’m living on.’’ Previous Question on H. Res. 581, Providing number of bands and the leader of his own Yes, David Bowie truly possessed the ability for consideration of the bill (H.R. 1927) to group, Davy Jones and the Lower Third. of an artistic superhuman and will live on in David Bowie changed his last name to the hearts of his dedicated fans, admirers, and amend title 28, United States Code, to im- Bowie to avoid confusion with Davy Jones of the present and future artists he has inspired prove fairness in class action litigation; ‘‘no’’ The Monkees, a name which was inspired by around the world. on Roll Call 22, on Passage of H. Res. 581, the knife developed by Jim Bowie, the 19th I ask the House to observe a moment of si- Providing for consideration of the bill (H.R. century American frontiersman. lence in memory of David Bowie, the Man 1927) to amend title 28, United States Code, The first solo album David Bowie recorded Who Fell to Earth and gave the world Ziggy to improve fairness in class action litigation. was unsuccessful and soon thereafter he de- Stardust and who never lacked the courage or Had I been present on the House floor on cided to take a hiatus from the music world. confidence to change. Friday, January 8, 2016, I would have voted But by early 1969, David Bowie had re- f ‘‘aye’’ on Roll Call 23, Rep. Cohen Amend- turned full time to the music industry, releasing ment No. 1; ‘‘aye’’ on Roll Call 24, Rep. Con- the hit single ‘‘Space Oddity.’’ HONORING CLEVELAND PEPPER yers Amendment No. 3; ‘‘aye’’ on Roll Call 25, The song resonated with the public, sparked Rep. Deutch Amendment No. 4; ‘‘aye’’ on Roll in large part by the BBC’s use of the single HON. BENNIE G. THOMPSON Call 26, Rep. Moore Amendment No. 5; ‘‘aye’’ during its coverage of the Apollo 11 moon OF MISSISSIPPI on Roll Call 27, Rep. Moore Amendment No. landing. IN THE HOUSE OF REPRESENTATIVES 6; ‘‘aye’’ on Roll Call 28, Rep. Waters Amend- His next work, 1971’s Hunky Dory, featured ment No. 7; ‘‘aye’’ on Roll Call 29, Rep. John- two blockbuster hits: the title track that was a Thursday, January 28, 2016 son Amendment No. 8; ‘‘aye’’ on Roll Call 30, tribute to Andy Warhol, the Velvet Under- Mr. THOMPSON of Mississippi. Mr. Speak- Rep. Jackson Lee Amendment No. 9; ‘‘aye’’ ground and Bob Dylan; and ‘‘Changes,’’ which er, I rise today to honor a multi-talented gen- on Roll Call 31, Rep. Nadler Amendment No. came to embody Bowie himself. tleman, Mr. Cleveland Pepper, owner of Pep- 10; ‘‘aye’’ on Roll Call 32, On Motion to Re- As David Bowie’s celebrity profile increased, per’s Upholstery and More. commit with Instructions; and ‘‘no’’ on Roll Call so did his desire to keep fans and critics Mr. Cleveland Pepper is a resident of Cary, 33, On Passage of H.R. 1927 to amend title guessing, first by claiming he was gay, and Mississippi. He graduated in 1959 from N. D. 28, United States Code, to improve fairness in then introducing Ziggy Stardust, Bowie’s imag- Taylor High School located in Yazoo City, Mis- class action litigation or Fairness in Class Ac- ining of a doomed rock star. sissippi. tion Litigation Act of 2015.

VerDate Sep 11 2014 05:24 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JA8.024 E28JAPT1 emcdonald on DSK9F6TC42PROD with REMARKS E68 CONGRESSIONAL RECORD — Extensions of Remarks January 28, 2016 CELEBRATING THE LIFE AND Sheriff Willie March is a native of Holmes tirement as the Director of Security for the LEGACY OF WILKES BASHFORD County, MS, where he also received his early, Central Intelligence Agency (CIA). For the past elementary and secondary education. He has thirty-one years, Ms. McCaffrey has held nu- HON. NANCY PELOSI served the county in law enforcement since merous security and managerial assignments OF CALIFORNIA the early 1980’s. In his capacity as sheriff, he throughout the CIA as well as rotational as- IN THE HOUSE OF REPRESENTATIVES also serves as the chief officer of the Chan- signments to the Office of the Director of Na- cery and Circuit Courts with responsibilities Thursday, January 28, 2016 tional Intelligence (ODNI), Department of the such as, maintaining the county law library, Navy, Department of Defense, and National Ms. PELOSI. Mr. Speaker, it is with great the county courthouse, jail and protection of Reconnaissance Office. personal sadness that I rise to pay tribute to prisoners. a legendary, beloved San Francisco figure, Sheriff March has served as President of Prior to her appointment as Director of Se- Wilkes Bashford, who died on January 16. His the Mississippi Sheriffs’ Association in 2009, curity in 2011, Ms. McCaffrey served as Dep- world-renowned establishment—the which includes Sheriffs from 82 counties uty Director of Security from 2008 to 2011 and eponymous ‘Wilkes Bashford’—delighted San across the State of Mississippi. His active was responsible for personnel security, facili- Franciscans and visitors alike for half a cen- membership in the association includes serv- ties security, information security, policy, oper- tury. ing on the following committees: Mississippi ations, and anti-terrorism/force protection. In Wilkes Bashford was long celebrated as the Leadership Council on Aging (TRIAD) Com- addition, Ms. McCaffrey served in the ODNI at man who gave San Francisco its elegance. mittee; Mental Health Study Advisory Council its inception as Director of the Special Security His life’s greatest pleasure was educating gen- Committee; Jail Detention and Correctional Center responsible for security policy, tools, erations of customers about style and about Committee and he is member of the Black and training collaboration among the Intel- giving back to the community. Sheriffs Association, where he and the mem- ligence Community. Wilkes Bashford paired his fashion success bers were highlighted in the Jackson Advocate Mr Speaker, on behalf of the House Perma- newspaper. with civic leadership, serving as Board Presi- nent Select Committee on Intelligence, I would In addition to his efforts in fighting crime and dent of the San Francisco War Memorial and like to wish Ms. McCaffrey happiness, suc- Performing Arts Center, home to San Fran- trying to keep the county safe, Sheriff March and the Holmes County Sheriffs Department cess, and good health as she begins her re- cisco’s Symphony, Opera, Ballet and Veterans tirement and to thank her for her service to Building. He guided the renovation of the are dedicated to community service including, beautification. In 2005, he was featured in the both the CIA and the Intelligence Community. spectacular Veterans Building and co-chaired Mary Rose, best wishes on your retirement. the committee to create the new, permanent Holmes County Herald newspaper for his recognition from the Mississippi Department of memorial to our nation’s veterans in the court- f yard. Transportation (MDOT) and Keep Mississippi His philanthropic works included support for Beautiful (KMB). The agency and organization honored him with a 2005 Award of Excellence IN REMEMBRANCE OF CHARLES Partners Ending Domestic Abuse, the Mu- RAMM HOLM, JR. seum of the African Diaspora and Muttville for his participation in the Inmate Litter Re- Senior Dog Rescue. Wilkes had a special love moval Program Partnership. His department’s for dachshunds and always had one as his participation in the MDOT Inmate Litter Re- HON. EARL L. ‘‘BUDDY’’ CARTER faithful companion. moval Program Partnership, helped to remove Wilkes arrived in San Francisco in 1959 and more than 435,000 bags of litter from state OF GEORGIA opened his original store in 1966. ‘Wilkes highways. He also collaborates with schools, churches IN THE HOUSE OF REPRESENTATIVES Bashford’ became the focus of the San Fran- and non-profit organizations in conducting cisco fashion world. His exquisite taste, vast Thursday, January 28, 2016 crime prevention and drug-free workshops and knowledge of the retail industry and foresight seminars for youth, as well as domestic vio- in predicting emerging fashion trends gave his Mr. CARTER of Georgia. Mr. Speaker, I rise lence intervention. He, along with local law en- store an international reputation. He intro- today in remembrance of Charles Ramm forcement and legal leaders coordinated the duced designer labels long before others and Holm, Jr. who passed away on Monday, Janu- Just Acting Difference (JAD) program in the helped launch fashion careers. ary 11, 2016. county for youth. His legendary Friday lunches at Le Central Sheriff March was also instrumental in fight- Charlie was born in Savannah, Georgia, to restaurant spanned forty years. Here Wilkes ing for the successful restoration of federal Charles Ramm Holm, Sr. and Ruth Carr Holm. dined and conversed about politics and local funds that were cut from the state’s narcotics In 1961, Charlie moved away from South goings-on with good friends, Mayor Willie units. Georgia to Washington, D.C. to begin his dis- Brown, San Francisco Chronicle columnist Sheriff March also served three years in the tinguished 18 year career in the public service. Herb Caen, Matthew Kelly, Sandy Walker and United States Marine Corps. His awards and His desire to assist the American people and Harry de Wildt. This long-time group of friends accolades are numerous and he established the U.S. Congress led him to work for Con- epitomized elegance, sophistication and the Crime Stoppers chapter in Holmes County. gressman G. Elliot Hagan as well as the Con- charm. They enjoyed a special camaraderie Sheriff March and his wife, Peggy, are gressional Liaison for the U.S. Department of and shared not only a love of the good life but members of Trinity Missionary Baptist Church Agriculture and the Congressional Liaison for a great passion for their city of San Francisco. of rural Lexington, Mississippi, where he the Executive Office of the President. His Mayor Willie Brown called Wilkes Bashford serves as a deacon. He and his wife have commitment to public service continued until part of the heart of the city. As we mourn mentored many young people throughout the his retirement in 1979 while working for the Wilkes’ passing, we remember his committed county. Select Committee on Outer Continental Shelf/ civic leadership, his career as a luxury cloth- Mr. Speaker, I ask my colleagues to join me Merchant Marine and Fisheries. ier, and his life as a very well respected and in recognizing Sheriff Willie March for his dedi- Charlie was a long time member of the gentle man. May it bring comfort to all who cation and support to the Holmes County Board of Directors for the Congressional Staff loved Wilkes that so many cherish his memory Community. Club, Vice President of the Administrative As- as a warm, loving, kind friend and employer— f a quintessential gentleman. sistants Association for the U.S. House of CONGRATULATING MARY ROSE Representatives, and President of the Admin- f MCCAFFREY ON HER RETIRE- istrative Assistants Association. HONORING SHERIFF WILLIE MENT AS THE DIRECTOR OF SE- Charlie’s efforts still did not end there as he MARCH CURITY OF THE CENTRAL INTEL- became a mentor to young children and a LIGENCE AGENCY committed father by coaching his son’s Little HON. BENNIE G. THOMPSON League baseball teams. OF MISSISSIPPI HON. DEVIN NUNES Charlie is survived by his two sons, Charles IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA R. Holm, III and James Douglas Holm, Sr. and IN THE HOUSE OF REPRESENTATIVES Thursday, January 28, 2016 his wife, Janet; his two grandsons, Christian Mr. THOMPSON of Mississippi. Mr. Speak- Thursday, January 28, 2016 Clarke Holm and James Douglas ‘‘Jimmy’’ er, I rise today to honor a remarkable law en- Mr. NUNES. Mr. Speaker, I rise today to Holm, Jr.; and one great-grandson, Ashton forcer, Sheriff Willie March. congratulate Mary Rose McCaffrey on her re- Cross Holm, and many nieces and nephews.

VerDate Sep 11 2014 05:24 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JA8.028 E28JAPT1 emcdonald on DSK9F6TC42PROD with REMARKS January 28, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E69 HONORING FRED JONES, JR. February 4, 1968 in the pulpit of Ebenezer His request was simply and eloquently con- Baptist Church, even then he lifted up the veyed—he asked America to allow of its citi- HON. BENNIE G. THOMPSON value of service as the hallmark of a full life: zens to live out the words written in its Dec- OF MISSISSIPPI ‘‘I’d like somebody to mention on that day laration of Independence and to have a place Martin Luther King, Jr. tried to give his life IN THE HOUSE OF REPRESENTATIVES in this nation’s Bill of Rights. serving others,’’ he said. ‘‘I want you to say on The sixties were a time of great crisis and Thursday, January 28, 2016 that day, that I did try in my life . . . to love conflict. The dreams of the people of this Mr. THOMPSON of Mississippi. Mr. Speak- and serve humanity.’’ country were filled with troubling images that er, I rise today to honor Mr. Fred Jones, Jr. We should also remember that the Rev. Dr. arose like lava from the nightmares of violence From a little boy, Mr. Jones wanted to serve Martin Luther King, Jr. was, above all, a per- and the crises they had to face, both domesti- his country. At the age of 18, after graduating son who was always willing to speak truth to cally and internationally. from school, Mr. Jones enlisted in the United power. There is perhaps no better example of It was the decade of the Cuban Missile Cri- States Air Force. He served in the 2nd Air- Dr. King’s moral integrity and consistency than sis, the Vietnam War, and the assassinations borne Command and Control Squadron in his criticism of the Vietnam War being waged of President John Fitzgerald Kennedy, Mal- several capacities, retiring at the rank of MSgt by the Johnson Administration, an administra- colm X, Presidential Candidate Robert Ken- after 21 years. Mr. Jones continued serving tion that was otherwise a friend and champion nedy, and the man we honor here today. his country for an additional 30 years, in the of civil and human rights. Dr. Martin Luther King’s dream helped us Federal Government with the Internal Rev- THE LIFE OF THE REV. DR. MARTIN LUTHER KING, JR. turn the corner on civil rights. enue Service. Martin Luther King, Jr. was born in Atlanta, It started with a peaceful march for suffrage Mr. Jones worked tirelessly in his commu- Georgia on January 15, 1929. that started in Selma, Alabama on March 7, nity as a barber, donating haircuts to neigh- Martin’s youth was spent in our country’s 1965—a march that ended with violence at the borhood kids in need. Deep South, then run by Jim Crow and the Ku hands of law enforcement officers as the A native of Sharkey County, Mr. Jones is an Klux Klan. marchers crossed the Edmund Pettus Bridge. active member of Aldersgate United Methodist For young African-Americans, it was an en- But the dream did not die there. Church, where he served as Deacon. Mr. vironment even more dangerous than the one Dr. King led the Montgomery Bus Boycott, Jones and his wife of 59 years, Clementine they face today. often with Rosa Parks. The boycott lasted for Jones, are the proud parents of 4 children, 16 A young Martin managed to find a dream, 381 days, as an end result, the United States grandchildren and 9 great-grandchildren. one that he pieced together from his read- Supreme Court outlawed racial segregation on Mr. Speaker, I ask my colleagues to join me ings—in the Bible, and literature, and just all public transportation. in recognizing Mr. Fred Jones, Jr. for his tire- about any other book he could get his hands Dr. King used several nonviolent tactics to less dedication. on. protest against Jim Crow Laws in the South f And not only did those books help him edu- and he organized and led demonstrations for cate himself, but they also allowed him to desegregation, labor and voting rights. COMMEMORATING 30TH ANNIVER- work through the destructive and traumatic ex- On April 4, 1967, at Riverside Church in SARY OF REV. DR. MARTIN LU- periences of blatant discrimination, and the New York City, he spoke out against the Viet- THER KING, JR. HOLIDAY discriminatory abuse inflicted on himself, his nam War, when he saw the devastation that family, and his people. his nation was causing abroad and the effect HON. SHEILA JACKSON LEE The Rev. Dr. Martin Luther King, Jr. that we that it had on the American men and women OF TEXAS celebrate here today could have turned out to sent overseas. IN THE HOUSE OF REPRESENTATIVES be just another African-American who would He said, and I quote: have had to learn to be happy with what he Thursday, January 28, 2016 Somehow this madness must cease. We had, and what he was allowed. must stop now. I speak as a child of God and Ms. JACKSON LEE. Mr. Speaker, this year, But he learned to use his imagination and brother to the suffering poor of Vietnam. I the nation observes for the 30th time the Mar- his dreams to see right through those ‘‘White speak for those whose land is being laid tin Luther King, Jr. Holiday. Only’’ signs—to see the reality that all men, waste, whose homes are being destroyed, Each year this day is set aside for Ameri- and women, regardless of their place of origin, whose culture is being subverted. I speak for cans to celebrate the life and legacy of a man the poor of America who are paying the dou- their gender, or their creed, are created equal. ble price of smashed hopes at home, and who brought hope and healing to America. Through his studies, Dr. King learned that death and corruption in Vietnam. I speak as The Martin Luther King Holiday reminds us training his mind and broadening his intellect a citizen of the world, for the world as it that nothing is impossible when we are guided effectively shielded him from the demoralizing stands aghast at the path we have taken. I by the better angels of our nature. effects of segregation and discrimination. speak as one who loves America, to the lead- Dr. King’s inspiring words filled a great void Dr. Martin Luther King was a dreamer. His ers of our own nation: The great initiative in in our nation, and answered our collective dreams were a tool through which he was this war is ours; the initiative to stop it longing to become a country that truly lived by able to lift his mind beyond the reality of his must be ours. its noblest principles. segregated society, and into a realm where it When the life of Dr. Martin Luther King was Yet, Dr. King knew that it was not enough was possible that white and black, red and stolen from us, he was a very young 39 years just to talk the talk, that he had to walk the brown, and all others live and work alongside old. walk for his words to be credible. each other and prosper. People remember that Dr. King died in And so we commemorate on this holiday But Martin Luther King, Jr. was not just an Memphis, but few can remember why he was the man of action, who put his life on the line idle daydreamer. He shared his visions there. for freedom and justice every day. through speeches that motivated others to join On that fateful day in 1968 Dr. King came We honor the courage of a man who en- in his nonviolent effort to lift themselves from to Memphis to support a strike by the city’s dured harassment, threats and beatings, and poverty and isolation by creating a new Amer- sanitation workers. even bombings. ica where equal justice and institutions were The garbage men there had recently formed We commemorate the man who went to jail facts of life. a chapter of the American Federation of State, 29 times to achieve freedom for others, and In the Declaration of Independence in 1776, County and Municipal Employees to demand who knew he would pay the ultimate price for Thomas Jefferson wrote, ‘‘We hold these better wages and working conditions. his leadership, but kept on marching and pro- truths to be self evident, that all Men are Cre- But the city refused to recognize their union, testing and organizing anyway. ated Equal.’’ and when the 1,300 employees walked off Dr. King once said that we all have to de- At that time and for centuries to come, Afri- their jobs the police broke up the rally with cide whether we ‘‘will walk in the light of cre- can-Americans were historically, culturally, and mace and billy clubs. ative altruism or the darkness of destructive legally excluded from inclusion in that declara- It was then that union leaders invited Dr. selfishness.’’ tion. King to Memphis. ‘‘Life’s most persistent and nagging ques- Reverend Dr. Martin Luther King’s ‘‘I Have Despite the danger he might face entering tion,’’ he said, is ‘‘what are you doing for oth- a Dream’’ Speech, delivered 50 years ago, on such a volatile situation, it was an invitation he ers?’’ August 28, 1963, was a clarion call to each could not refuse. And when Dr. King talked about the end of citizen of this great nation that we still hear Not because he longed for danger, but be- his mortal life in one of his last sermons, on today. cause the labor movement was intertwined

VerDate Sep 11 2014 05:24 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JA8.032 E28JAPT1 emcdonald on DSK9F6TC42PROD with REMARKS E70 CONGRESSIONAL RECORD — Extensions of Remarks January 28, 2016 with the civil rights movement for which he ‘‘I have a dream that one day on the red I have a dream today. had given up so many years of his life. hills of Georgia the sons of former slaves and I have a dream that one day every valley The death of the Rev. Dr. Martin Luther the sons of former shareholders will be able shall be exalted, every hill and mountain to sit down together at the table of brother- shall be made low, the rough place will be King, Jr., will never overshadow his life. That hood. made plain and the crooked places will be is his legacy as a dreamer and a man of ac- I have a dream that one day even the State made straight, and the glory of the Lord tion. of Mississippi, a state sweltering with the shall be revealed, and all flesh shall see it to- It is a legacy of hope, tempered with peace. heat of injustice, sweltering with the heat of gether.’’ It is a legacy not quite yet fulfilled. oppression, will be transformed into an oasis Dr. King’s dream did not stop at racial I hope that Dr. King’s vision of equality of freedom and justice. I have a dream that my four little children equality, his ultimate dream was one of human under the law is never lost to us, who in the will one day live in a nation where they will equality and dignity. present, toil in times of unevenness in our not be judged by the color of their skin, but There is no doubt that Dr. King supported equality. for the content of their character. freedom and justice for every individual in For without that vision—without that I have a dream today. America. dream—we can never continue to improve on I have a dream that one day down in Ala- He was in midst of planning the 1968 Poor the human condition. bama with its vicious racists, with its Gov- People’s Campaign for Jobs and Justice when ernor having his lips dripping with words of he struck down by the dark deed of an assas- For those who have already forgotten, or interposition and nullification—one day whose vision is already clouded with the fog of right there in Alabama, little black boys and sin on April 4, 1968. complacency, I would like to recite the immor- black girls will be able to join hands with lit- It is for us, the living, to continue that fight tal words of the Rev. Dr. Martin Luther King, tle white boys and white girls as sisters and today and forever, in the great spirit that in- Jr.: brothers. spired the Rev. Dr. Martin Luther King, Jr.

VerDate Sep 11 2014 05:24 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JA8.033 E28JAPT1 emcdonald on DSK9F6TC42PROD with REMARKS Thursday, January 28, 2016 Daily Digest Senate Murkowski (for Shaheen) Amendment No. 2968 Chamber Action (to Amendment No. 2953), to clarify the definition Routine Proceedings, pages S297–S404 of the term ‘‘smart manufacturing’’. Pages S299, S311 Measures Introduced: Four bills and four resolu- By 87 yeas to 4 nays (Vote No. 7), Murkowski tions were introduced, as follows: S. 2470–2473, and (for Crapo) Amendment No. 3021 (to Amendment S. Res. 349–352. Page S346 No. 2953), to enable civilian research and develop- Measures Reported: ment of advanced nuclear energy technologies by S. Res. 347, honoring the memory and legacy of private and public institutions, to expand theoretical Anita Ashok Datar and condemning the terrorist at- and practical knowledge of nuclear physics, chem- tack in Bamako, Mali, on November 20, 2015. istry, and materials science. Pages S299, S311 S. 1890, to amend chapter 90 of title 18, United By 62 yeas to 29 nays (Vote No. 8), Murkowski States Code, to provide Federal jurisdiction for the (for Markey) Amendment No. 2982 (to Amendment theft of trade secrets, with an amendment in the na- No. 2953), to require the Comptroller General of the United States to conduct a review and submit a ture of a substitute. Page S345 report on energy production in the United States Measures Passed: and the effects of crude oil exports. Congratulating the University of Alabama Pages S299, S311–15 Crimson Tide: Senate agreed to S. Res. 350, con- By 55 yeas to 37 nays (Vote No. 9), Murkowski gratulating the University of Alabama Crimson Tide (for Schatz) Amendment No. 2965 (to Amendment for winning the 2016 College Football Playoff Na- No. 2953), to modify the funding provided for the tional Championship. Page S400 Advanced Research Projects Agency—Energy. National School Choice Week: Senate agreed to S. Pages S299, S302–10, S315–25 Res. 351, designating the week of January 24 Murkowski (for Barrasso) Amendment No. 3029 through January 30, 2016, as ‘‘National School (to Amendment No. 2953), to provide for the mod- Choice Week’’. Page S400 ernization of the energy policy for Indian tribal land. Space Shuttle ‘‘Challenger’’ 30th Anniversary: Page S325 Murkowski (for Baldwin) Amendment No. 2984 Senate agreed to S. Res. 352, commemorating the (to Amendment No. 2953), to include water and 30th anniversary of the loss of the Space Shuttle Challenger wastewater treatment facilities among energy-inten- and of Teacher in Space S. Christa sive industries and to expand the role of the institu- McAuliffe of Concord, New Hampshire. Page S401 tion of higher education-based industrial research Measures Considered: and assessment centers. Page S325 Energy Policy Modernization Act—Agreement: Murkowski (for Wyden) Amendment No. 3001 Senate continued consideration of S. 2012, to pro- (to Amendment No. 2953), to modify a provision vide for the modernization of the energy policy of relating to national goals for geothermal production the United States, and taking action on the fol- and site identification. Page S325 lowing amendments proposed thereto: Murkowski (for Capito/Manchin) Amendment No. Pages S299–S326 3063 (to Amendment No. 2953), to require a study Adopted: of the feasibility of establishing an ethane storage Murkowski (for Barrasso/Schatz) Modified Amend- and distribution hub in the United States. ment No. 3017 (to Amendment No. 2953), to ex- Pages S325–26 pand the authority for awarding technology prizes by Murkowski (for Daines/Tester) Amendment No. the Secretary of Energy to include a financial award 3020 (to Amendment No. 2953), to provide for the for separation of carbon dioxide from dilute sources. reinstatement of the license for the Gibson Dam Pages S299, S310–11 project. Pages S325, S326 D70

VerDate Sep 11 2014 05:14 Jan 29, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D28JA6.REC D28JAPT1 emcdonald on DSK9F6TC42PROD with DIGEST January 28, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D71 Murkowski (for Hirono) Amendment No. 3067 (to Amendment No. 2953), to modernize certain Committee Meetings terms relating to minorities. Pages S325, S326 (Committees not listed did not meet) Pending: Murkowski Amendment No. 2953, in the nature NOMINATION of a substitute. Page S299 Committee on Armed Services: Committee concluded a Murkowski (for Cassidy/Markey) Amendment No. hearing to examine the nomination of Lieutenant 2954 (to Amendment No. 2953), to provide for cer- General John W. Nicholson Jr., USA, to be general tain increases in, and limitations on, the drawdown and Commander, Resolute Support, and Com- and sales of the Strategic Petroleum Reserve. mander, United States Forces—Afghanistan, after the Page S299 nominee, who was introduced by Senator Kirk, testi- Murkowski Amendment No. 2963 (to Amend- fied and answered questions in his own behalf. ment No. 2953), to modify a provision relating to bulk-power system reliability impact statements. RETIREMENT SAVINGS PLANS Page S299 Committee on Finance: Committee concluded a hearing A unanimous-consent agreement was reached pro- to examine helping Americans prepare for retire- viding that Senate resume consideration of the bill ment, focusing on increasing access, participation at approximately 3 p.m., on Monday, February 1, and coverage in retirement savings plans, after re- 2016. Page S401 ceiving testimony from Thomas A. Barthold, Chief Nominations Confirmed: Senate confirmed the fol- of Staff, Joint Committee on Taxation; Alicia H. lowing nominations: Munnell, Boston College Center for Retirement Re- 14 Air Force nominations in the rank of general. search, Chestnut Hill, Massachusetts; and John J. 3 Army nominations in the rank of general. Kalamarides, Prudential Retirement, Hartford, Con- Routine lists in the Air Force, Army, Marine necticut. Corps, and Navy. Pages S399–S400 BUSINESS MEETING Nominations Received: Senate received the fol- Committee on Foreign Relations: Committee ordered fa- lowing nominations: vorably reported the following business items: Jennifer Klemetsrud Puhl, of North Dakota, to be H.R. 757, to improve the enforcement of sanc- United States Circuit Judge for the Eighth Circuit. tions against the Government of North Korea, with Terrence J. Campbell, of Kansas, to be United amendments; States District Judge for the District of Kansas. H.R. 1493, to protect and preserve international 29 Air Force nominations in the rank of general. cultural property at risk due to political instability, Routine lists in the Air Force, Army, Marine armed conflict, or natural or other disasters, with an Corps, and Navy. Pages S401–04 amendment in the nature of a substitute; Executive Communications: Pages S344–45 S. 1882, to support the sustainable recovery and rebuilding of Nepal following the recent devastating Executive Reports of Committees: Pages S345–46 earthquakes near Kathmandu, with amendments; Additional Cosponsors: Pages S346–47 S. 2426, to direct the Secretary of State to develop Statements on Introduced Bills/Resolutions: a strategy to obtain observer status for Taiwan in the Pages S347–49 International Criminal Police Organization; S. Res. 347, honoring the memory and legacy of Additional Statements: Pages S338–44 Anita Ashok Datar and condemning the terrorist at- Amendments Submitted: Pages S349–98 tack in Bamako, Mali, on November 20, 2015; and Notices of Intent: Page S398 The nominations of Laura S. H. Holgate, of Vir- ginia, to be the Representative of the United States Authorities for Committees to Meet: of America to the International Atomic Energy Pages S398–99 Agency, with the rank of Ambassador, and to be Privileges of the Floor: Page S399 Representative of the United States of America to Record Votes: Three record votes were taken today. the Vienna Office of the United Nations, with the (Total—9) Pages S311, S312, S315 rank of Ambassador, Scot Alan Marciel, of California, to be Ambassador to the Union of Burma, Depart- Adjournment: Senate convened at 9:45 a.m. and ment of State, and lists in the Foreign Service. adjourned at 7:06 p.m., until 3 p.m. on Monday, February 1, 2016. (For Senate’s program, see the re- HHS PLACEMENT OF MIGRANT CHILDREN marks of the Majority Leader in today’s Record on Committee on Homeland Security and Governmental Af- page S401.) fairs: Permanent Subcommittee on Investigations

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concluded a hearing to examine the Department of S. 2040, to deter terrorism, provide justice for vic- Health and Human Services’ placement of migrant tims, with an amendment in the nature of a sub- children; after receiving testimony from Mark stitute; and Greenberg, Acting Assistant Secretary, Administra- The nominations of Mary S. McElroy, to be tion for Children and Families, and Robert Carey, United States District Judge for the District of Director, Office of Refugee Resettlement, both of Rhode Island, and Susan Paradise Baxter and the Department of Health and Human Services; Jen- Marilyn Jean Horan, both to be a United States Dis- nifer Justice, Ohio Department of Job and Family trict Judge for the Western District of Pennsylvania. Services, Columbus; Tiffany Nelms, U.S. Committee for Refugees and Immigrants, Arlington, Virginia; SBIR/STTR REAUTHORIZATION and Kimberly Haynes, Lutheran Immigration and Committee on Small Business and Entrepreneurship: Com- Refugee Service, Baltimore, Maryland. mittee concluded a hearing to examine reauthoriza- GENERIC DRUG USER FEE AMENDMENTS tion of the Small Business Innovation Research/Small Business Technology Transfer programs, focusing on Committee on Health, Education, Labor, and Pensions: the importance of small business innovation to na- Committee concluded a hearing to examine generic drug user fee amendments, focusing on accelerating tional and economic security, after receiving testi- patient access to generic drugs, after receiving testimony from Robert Smith, Director, Department of mony from Janet Woodcock, Director, Center for the Navy SBIR/STTR Programs, Office of Naval Re- Drug Evaluation and Research, Food and Drug Ad- search, Department of Defense; John Williams, Di- ministration, Department of Health and Human rector of Innovation and Technology, Office of In- Services. vestment and Innovation, Small Business Adminis- tration; Robert J. Kline-Schoder, Creare LLC, Han- BUSINESS MEETING over, New Hampshire; and Jere W. Glover, National Committee on the Judiciary: Committee ordered favor- Small Business Association Small Business Tech- ably reported the following business items: nology Council, Annapolis, Maryland. H.R. 1428, to extend Privacy Act remedies to citizens of certified states, with an amendment; INTELLIGENCE S. 1890, to amend chapter 90 of title 18, United Select Committee on Intelligence: Committee met in States Code, to provide Federal jurisdiction for the closed session to receive a briefing on certain intel- theft of trade secrets, with an amendment in the na- ligence matters from officials of the intelligence ture of a substitute; community. h House of Representatives H.R. 1965, to exempt smaller public companies Chamber Action from requirements relating to the use of Extensible Public Bills and Resolutions Introduced: 3 public Business Reporting Language for periodic reporting bills, H.R. 4395–4397; and 2 resolutions, H. Res. to the Securities and Exchange Commission, and for 591–592 were introduced. Page H375 other purposes (H. Rept. 114–399); Additional Cosponsors: Pages H375–76 H.R. 686, to amend the Securities Exchange Act of 1934 to exempt from registration brokers per- Reports Filed: Reports were filed today as follows: forming services in connection with the transfer of H.R. 3700, to provide housing opportunities in ownership of smaller privately held companies (H. the United States through modernization of various Rept. 114–400); housing programs, and for other purposes, with an H.R. 2356, to direct the Securities and Exchange amendment (H. Rept. 114–397); Commission to provide a safe harbor related to cer- H.R. 1675, to direct the Securities and Exchange tain investment fund research reports, and for other Commission to revise its rules so as to increase the purposes (H. Rept. 114–401); threshold amount for requiring issuers to provide H.R. 766, to provide requirements for the appro- certain disclosures relating to compensatory benefit priate Federal banking agencies when requesting or plans (H. Rept. 114–398);

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ordering a depository institution to terminate a spe- Adjournment: The House met at 2 p.m. and ad- cific customer account, to provide for additional re- journed at 2:02 p.m. quirements related to subpoenas issued under the Fi- nancial Institutions Reform, Recovery, and Enforce- ment Act of 1989, and for other purposes (H. Rept. Committee Meetings 114–402); and No hearings were held. H.R. 2354, to direct the Securities and Exchange Commission to review all its significant regulations to determine whether such regulations are necessary Joint Meetings in the public interest or whether such regulations No joint committee meetings were held. should be amended or rescinded, with an amend- f ment (H. Rept. 114–403). Page H375 Speaker: Read a letter from the Speaker wherein he COMMITTEE MEETINGS FOR MONDAY, appointed Representative Sensenbrenner to act as FEBRUARY 1, 2016 Speaker pro tempore for today. Page H373 (Committee meetings are open unless otherwise indicated) Guest Chaplain: The prayer was offered by the Guest Chaplain, Reverend Dr. Kurt Gerhard, St. Senate Patricks Episcopal Church, Washington, DC. No meetings/hearings scheduled. Page H373 Meeting Hour: Agreed by unanimous consent that House when the House adjourns today, it adjourn to meet Committee on Rules, Full Committee, hearing on H.R. at 12 noon on Monday, February 1st for Morning 3700, the ‘‘Housing Opportunity Through Modernization Hour debate. Page H373 Act of 2015’’, 5 p.m., H–313 Capitol. Quorum Calls—Votes: There were no yea-and-nay Permanent Select Committee on Intelligence, Full Com- votes, and there were no recorded votes. There were mittee, business meeting on Budget Views and Estimates, no quorum calls. 5 p.m., HVC–304.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3 p.m., Monday, February 1 12 p.m., Monday, February 1

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Monday: To be announced. of S. 2012, Energy Policy Modernization Act.

Extensions of Remarks, as inserted in this issue

HOUSE Hoyer, Steny H., Md., E66 Pelosi, Nancy, Calif., E68 Jackson Lee, Sheila, Tex., E62, E63, E65, E67, E69 Rokita, Todd, Ind., E60 Carter, Earl L. ‘‘Buddy’’, Ga., E68 Kelly, Mike, Pa., E59 Smith, Adam, Wash., E61, E63 Castor, Kathy, Fla., E63, E64 Lowey, Nita M., N.Y., E62, E66 Thompson, Bennie G., Miss., E60, E61, E62, E63, E64, Chu, Judy, Calif, E67 Marchant, Kenny, Tex., E62 E65, E66, E67, E68, E69 Cohen, Steve, Tenn., E59 McCaul, Michael T., Tex., E65 Titus, Dina, Nev., E60 Fitzpatrick, Michael G., Pa., E64 Miller, Candice S., Mich., E65 Honda, Michael M., Calif., E59 Nunes, Devin, Calif., E68 Valadao, David G., Calif., E61, E64

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