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, MONDAY, FEBRUARY 1, 2016 No. 18 House of Representatives The House met at noon and was come, thank You for giving us another Mr. WILSON of South Carolina. called to order by the Speaker pro tem- day. Madam Speaker, the President’s ac- pore (Mr. EMMER of Minnesota). Send Your spirit upon the Members tions are inconsistent with his words of f of this people’s House to encourage the State of the Union. them in their official tasks. Be with His praise of job growth is under- DESIGNATION OF SPEAKER PRO them and with all who labor here to mined by ObamaCare, which the OMB TEMPORE serve this great Nation and its people. has identified will destroy over 2 mil- The SPEAKER pro tempore laid be- Assure them that whatever their re- lion jobs. fore the House the following commu- sponsibilities, You provide the grace to His concerns for more gun control nication from the Speaker: enable them to be faithful in their du- was a contradiction at the Capitol, WASHINGTON, DC, ties and the wisdom to be conscious of which was properly awash with brave February 1, 2016. their obligations and fulfill them with officers protecting everyone with guns. I hereby appoint the Honorable TOM integrity. His distortion of voter photo identi- EMMER to act as Speaker pro tempore on this Remind us all of the dignity of work, fication laws clashes with the require- day. and teach us to use our talents and ment of visitor photo identification to PAUL D. RYAN, abilities in ways that are honorable enter the White House. Security to pre- Speaker of the House of Representatives. and just and are of benefit to those we vent voter fraud and security to pre- f serve. vent assault on our President are basic for democracy. MORNING-HOUR DEBATE May all that is done this day be for Your greater honor and glory. His professed opposition to ISIS ter- The SPEAKER pro tempore. Pursu- Amen. rorists is undermined by his pardoning ant to the order of the House of Janu- f prisoners from Guantanamo who will ary 5, 2016, the Chair would now recog- rejoin terrorists to kill American fami- nize Members from lists submitted by THE JOURNAL lies using guns. the majority and minority leaders for The SPEAKER pro tempore. The His devotion to Syrian refugees was morning-hour debate. Chair has examined the Journal of the sadly undermined by his failure to en- f last day’s proceedings and announces force a red line, resulting in children to the House her approval thereof. fleeing violence drowning at sea. RECESS Pursuant to clause 1, rule I, the Jour- Finally, as I left the Capitol from the The SPEAKER pro tempore. Pursu- nal stands approved. speech, I saw immediate inconsistency ant to clause 12(a) of rule I, the Chair f of a fleet of stretch limousines waiting declares the House in recess until 2 for the President. As he attacked the p.m. today. PLEDGE OF ALLEGIANCE oil and gas industry, he departed Accordingly (at 12 o’clock and 1 The SPEAKER pro tempore. Will the thanks to fuel developed by the oil and minute p.m.), the House stood in re- gentleman from South Carolina (Mr. gas industry. cess. WILSON) come forward and lead the The President should change course f House in the Pledge of Allegiance. for limited government and expanded Mr. WILSON of South Carolina led freedom. b 1400 the Pledge of Allegiance as follows: In conclusion, God bless our troops, AFTER RECESS I pledge allegiance to the Flag of the and the President, by his actions, United States of America, and to the Repub- should never forget September the 11th The recess having expired, the House lic for which it stands, one nation under God, in the global war on terrorism. was called to order by the Speaker pro indivisible, with liberty and justice for all. f tempore (Mrs. COMSTOCK) at 2 p.m. f RECESS f STATE OF THE UNION The SPEAKER pro tempore. Pursu- PRAYER INCONSISTENCIES ant to clause 12(a) of rule I, the Chair The Chaplain, the Reverend Patrick (Mr. WILSON of South Carolina declares the House in recess until ap- J. Conroy, offered the following prayer: asked and was given permission to ad- proximately 3:15 p.m. today. Merciful God, through whom we see dress the House for 1 minute and to re- Accordingly (at 2 o’clock and 4 min- what we could be and what we can be- vise and extend his remarks.) utes p.m.), the House stood in recess.

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

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That really makes very MESSAGE FROM THE PRESIDENT of reaching the same income level in the current little sense. A message in writing from the Presi- year; Under the SEC’s logic, a random win- dent of the United States was commu- ‘‘(D) any natural person who is currently li- ner of the Powerball lottery would be censed or registered as a broker or investment nicated to the House by Mr. Brian adviser by the Commission, the Financial Indus- automatically deemed a sophisticated Pate, one of his secretaries. try Regulatory Authority, or an equivalent self- investor. But an individual who holds f regulatory organization (as defined in section advanced degrees and works in finance 3(a)(26) of the Securities Exchange Act of 1934), or a related field, but who happens to ANNOUNCEMENT BY THE SPEAKER or the securities division of a State or the equiv- make slightly below what the SEC’s PRO TEMPORE alent State division responsible for licensing or threshold is, that person would be The SPEAKER pro tempore. Pursu- registration of individuals in connection with barred from investing in private offer- ant to clause 8 of rule XX, the Chair securities activities; ings. ‘‘(E) any natural person the Commission de- will postpone further proceedings termines, by regulation, to have demonstrable You see, despite the paternalistic today on motions to suspend the rules education or job experience to qualify such per- view taken by Washington regulators, on which a recorded vote or the yeas son as having professional knowledge of a sub- there are plenty—plenty—of hard- and nays are ordered, or on which the ject related to a particular investment, and working and smart Americans who are vote incurs objection under clause 6 of whose education or job experience is verified by plenty capable of understanding invest- rule XX. the Financial Industry Regulatory Authority or ments in private businesses. Record votes on postponed questions an equivalent self-regulatory organization (as Congress must, therefore, amend the will be taken later. defined in section 3(a)(26) of the Securities Ex- definition of ‘‘accredited investor’’ in change Act of 1934); or’’. f order to expand the pool of potential The SPEAKER pro tempore. Pursu- investors in a private placement mar- FAIR INVESTMENT OPPORTUNI- ant to the rule, the gentleman from ket. TIES FOR PROFESSIONAL EX- New Jersey (Mr. GARRETT) and the gen- H.R. 2187 will do just that by codi- PERTS ACT tleman from Delaware (Mr. CARNEY) fying the current accredited investor each will control 20 minutes. Mr. GARRETT. Mr. Speaker, I move income and net worth thresholds, ad- The Chair recognizes the gentleman to suspend the rules and pass the bill justed for inflation going forward. Ad- from New Jersey. (H.R. 2187) to direct the Securities and ditionally, it will extend accredited in- Exchange Commission to revise its reg- GENERAL LEAVE vestor status to persons who the SEC ulations regarding the qualifications of Mr. GARRETT. Mr. Speaker, I ask determines have a demonstrable edu- natural persons as accredited inves- unanimous consent that all Members cation or job experience to qualify as tors, as amended. may have 5 legislative days to revise having professional subject matter The Clerk read the title of the bill. and extend their remarks and to in- knowledge related to that investment. The text of the bill is as follows: clude any extraneous materials on this In other words, the expansion of the H.R. 2187 bill. accredited definition will enhance The SPEAKER pro tempore. Is there small companies’ ability to raise cap- Be it enacted by the Senate and House of Rep- objection to the request of the gen- resentatives of the United States of America in ital and to grow by increasing the pool Congress assembled, tleman from New Jersey? of potential investors, while at the There was no objection. SECTION 1. SHORT TITLE. same time increase investment oppor- This Act may be cited as the ‘‘Fair Investment Mr. GARRETT. Mr. Speaker, I yield tunities for more Americans. In fact, Opportunities for Professional Experts Act’’. myself 3 minutes. allowing more individuals to invest in SEC. 2. DEFINITION OF ACCREDITED INVESTOR. Mr. Speaker, I rise in support of H.R. both public and private companies Section 2(a)(15) of the Securities Act of 1933 2187, the Fair Investment Opportuni- could ultimately have the effect of de- (15 U.S.C. 77b(a)(15) is amended— ties for Professional Experts Act. creasing the risk in these portfolios (1) by redesignating clauses (i) and (ii) as sub- I would like to thank Mr. themselves. paragraphs (A) and (F), respectively; SCHWEIKERT from Arizona for his dili- Finally, as SEC Commissioner Mike (2) in subparagraph (A) (as so redesignated), gent work on this bill and members on Piwowar pointed out in a speech last by striking ‘‘; or’’ and inserting a semicolon, both sides of the aisle who approved year: and inserting after such subparagraph the fol- this bill in the Financial Services Com- ‘‘By holding a diversified portfolio of lowing: ‘‘(B) any natural person whose individual net mittee by an overwhelming vote of 54– assets, investors reap the benefits of di- worth, or joint net worth with that person’s 2. versification, that is, the risk of the spouse, exceeds $1,000,000 (which amount, along Mr. Speaker, small and emerging portfolio as a whole is lower than the with the amounts set forth in subparagraph (C), companies play a significant role as risk of any individual asset . . . if the shall be adjusted for inflation by the Commis- drivers of the U.S. economic activity, correlations are low enough, the over- sion every five years to the nearest $10,000 to re- innovation, and job creation. In fact, all portfolio risk could actually de- flect the change in the Consumer Price Index for the majority of net jobs created in the crease.’’ All Urban Consumers published by the Bureau U.S. are from companies less than 5 Mr. Speaker, what that means is H.R. of Labor Statistics) where, for purposes of cal- years old. Most of these companies are culating net worth under this subparagraph— 2187 has a double benefit of affording ‘‘(i) the person’s primary residence shall not privately held companies, and their American businesses more opportuni- be included as an asset; ability to raise capital in the private ties to raise capital, while actually ‘‘(ii) indebtedness that is secured by the per- market is critical to the economic providing hardworking Americans a son’s primary residence, up to the estimated fair well-being of the U.S. and millions of greater opportunity to create wealth market value of the primary residence at the American families. for themselves and their families. I ask time of the sale of securities, shall not be in- But in order for small companies to my colleagues on both sides of the aisle cluded as a liability (except that if the amount raise capital in the private market, to join me in supporting H.R. 2187. of such indebtedness outstanding at the time of under SEC regulations they must sell sale of securities exceeds the amount out- I reserve the balance of my time. standing 60 days before such time, other than as securities only to what are known as Mr. CARNEY. Mr. Speaker, I yield a result of the acquisition of the primary resi- ‘‘accredited investors.’’ And what ex- myself such time as I may consume. dence, the amount of such excess shall be in- actly determines whether an investor Mr. Speaker, let me first thank the cluded as a liability); and is accredited? Well, the SEC has for gentleman from Arizona (Mr.

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I have a Ph.D. in level of professional sophistication are tion of a ‘‘accredited investor,’’ a sta- electrical engineering and I worked now treated as accredited investors, ir- tus reserved for investors who possess with these guys for years. They started respective of whether they meet an ar- the sophistication and financial means a business, and I am not allowed to in- bitrary test. necessary to invest in private, unregis- vest in it because I don’t meet the in- It is a matter, Mr. Speaker, of basic tered securities offerings. come and assets threshold. fairness. The government should not Many of these thresholds have not That is partially what we have ac- limit investing options to only inves- been updated, Mr. Speaker, since 1982, complished here. The neat thing that tors they deem worthy. and the committee determined it was has gone back and forth in discussion Expanding the accredited investor past time to do so. with my Democrat friends and many of definition will not only increase in- It is important to note that the SEC my friends on our side working the vestment opportunities for more Amer- Investor Advisory Committee as well bill—it is not everything I wanted—but icans, but will help us grow thousands issued bipartisan recommendations, conceptually it is a terrific idea that of small and emerging markets that which acknowledge that the current in- income, your wealth is not the only struggle to raise capital. come and net worth tests ‘‘don’t begin prerequisite for your right to invest in I thank the gentleman from Arizona to measure the type or level of finan- something, that it also can be your for all of his work on this common- cial sophistication needed to evaluate knowledge and your talent. If we really sense legislation. I enjoyed working the potential risks and benefits of pri- care about everyone getting a fair with him on it. vate offerings.’’ chance at that American Dream, we I am proud to support this bill, and I We can all agree, and a vast majority urge my colleagues to do so. of the members of the Financial Serv- need to do more like this where you get Mr. GARRETT. Mr. Speaker, I yield ices Committee did agree, that an up- judged by what you know, your exper- myself 10 seconds to again thank Mr. dated definition is long overdue. The tise, and not just the fact that you al- authors of this legislation and the ready have made it. CARNEY, and especially the gentleman Mr. CARNEY. Mr. Speaker, I have no from Arizona (Mr. SCHWEIKERT) for his sponsors, Mr. SCHWEIKERT and Ms. further requests for time. work on this. SINEMA, have worked to consider the I yield back the balance of my time. risks of private offerings to ensure that I yield back the balance of my time. Mr. GARRETT. Mr. Speaker, how investors in those offerings can under- The SPEAKER pro tempore. The much time do I have remaining? stand and bear those risks. question is on the motion offered by The SPEAKER pro tempore. The gen- the gentleman from New Jersey (Mr. With those comments, Mr. Speaker, I 1 reserve the balance of my time. tleman from New Jersey has 14 ⁄2 min- GARRETT) that the House suspend the Mr. GARRETT. Mr. Speaker, I yield utes remaining. rules and pass the bill, H.R. 2187, as such time as he may consume to the Mr. GARRETT. Mr. Speaker, I yield amended. gentleman from Arizona (Mr. such time as he may consume to the The question was taken. SCHWEIKERT), the sponsor of the under- gentleman from Arkansas (Mr. HILL). The SPEAKER pro tempore. In the lying legislation, and the gentleman Mr. HILL. Mr. Speaker, I thank the opinion of the Chair, two-thirds being who has put all the time and hard work chairman, and Mr. CARNEY, my col- in the affirmative, the ayes have it. on this great bipartisan piece of legis- league on the distinguished minority, Mr. SCHWEIKERT. Mr. Speaker, on lation. for this bill. I also want to thank Mr. that I demand the yeas and nays. Mr. SCHWEIKERT. Mr. Speaker, I SCHWEIKERT for his work on developing The yeas and nays were ordered. thank the chairman, and I also thank H.R. 2187, Fair Investment Opportuni- The SPEAKER pro tempore. Pursu- my friend, Mr. CARNEY. ties for Professional Experts Act, ant to clause 8 of rule XX, further pro- This is one of those occasions where which makes reg D offerings and pri- ceedings on this motion will be post- we actually get to show up here and vate placements more effective by poned. have something that is bipartisan that broadening the definition of an accred- f we agree upon. But partially because ited investor to account for edu- being my piece of legislation, and cational or professional expertise. SEC SMALL BUSINESS ADVOCATE something we have been working on for Because of significant costs and bar- ACT OF 2016 a while, I would like to tell a quick riers to raising capital in the U.S. pub- Mr. GARRETT. Mr. Speaker, I move story of where this sort of came from lic markets, many of our small compa- to suspend the rules and pass the bill conceptually. nies raise start-up funds or expansion (H.R. 3784) to amend the Securities Ex- About 4 years ago, we were doing a funds in the private market, and many change Act of 1934 to establish an Of- little townhall at that time before re- of those private market transactions fice of the Advocate for Small Business districting in Tempe, Arizona, and are through accredited investors. Capital Formation and a Small Busi- most of the discussion in this townhall The current definition focuses only ness Capital Formation Advisory Com- was a discussion about the haves and on financial status of the investor, and mittee, and for other purposes, as have nots, and why do some people as a result, only wealthy individuals amended. seem to be making wealth and others typically can participate in reg D offer- The Clerk read the title of the bill. are not. We sort of tried to actually ad- ings. The text of the bill is as follows: dress it intellectually with some anal- H.R. 2187 expands the accredited in- H.R. 3784 ysis of what are the barriers out there. vestor definition, recognizing that the Be it enacted by the Senate and House of Rep- You are a middle income, hardworking ability to participate is not based on resentatives of the United States of America in family, and you have some talents; an asset test, but on their sophistica- Congress assembled, what is your optionality to be able to tion and knowledge. SECTION 1. SHORT TITLE. grow into that next tier of assets, of I have been in this business before I This Act may be cited as the ‘‘SEC Small wealth? This actually became part of was in Congress on and off for three Business Advocate Act of 2016’’. that discussion, that we actually have decades, and I know that many of our SEC. 2. ESTABLISHMENT OF OFFICE OF THE AD- had this barrier now for decades that Nation’s accountants, stock brokers, VOCATE FOR SMALL BUSINESS CAP- say we are going to judge you on your venture capitalists, and engineers have ITAL FORMATION AND SMALL BUSI- NESS CAPITAL FORMATION ADVI- income and your wealth and that in- money management experience or have SORY COMMITTEE. come and wealth is your threshold that a series 7 FINRA license, they work in (a) OFFICE OF THE ADVOCATE FOR SMALL says you get to invest in something money management, they work in spe- BUSINESS CAPITAL FORMATION.—Section 4 of over here, not your knowledge. cific kinds of industries, but they are the Securities Exchange Act of 1934 (15

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U.S.C. 78d) is amended by adding at the end Small Business Capital Formation has full ‘‘(9) RULE OF CONSTRUCTION.—Nothing in the following: access to the documents and information of this subsection may be construed as replac- ‘‘(j) OFFICE OF THE ADVOCATE FOR SMALL the Commission and any self-regulatory or- ing or reducing the responsibilities of the In- BUSINESS CAPITAL FORMATION.— ganization, as necessary to carry out the vestor Advocate with respect to small busi- ‘‘(1) OFFICE ESTABLISHED.—There is estab- functions of the Office. ness investors.’’. lished within the Commission the Office of ‘‘(6) ANNUAL REPORT ON ACTIVITIES.— (b) SMALL BUSINESS CAPITAL FORMATION the Advocate for Small Business Capital For- ‘‘(A) IN GENERAL.—Not later than Decem- ADVISORY COMMITTEE.—Title I of the Securi- mation (hereafter in this subsection referred ber 31 of each year after 2015, the Advocate ties Exchange Act of 1934 (15 U.S.C. 78a et to as the ‘Office’). for Small Business Capital Formation shall seq.) is amended by adding at the end the fol- ‘‘(2) ADVOCATE FOR SMALL BUSINESS CAPITAL submit to the Committee on Banking, Hous- lowing: FORMATION.— ing, and Urban Affairs of the Senate and the ‘‘SEC. 40. SMALL BUSINESS CAPITAL FORMATION ‘‘(A) IN GENERAL.—The head of the Office Committee on Financial Services of the ADVISORY COMMITTEE. shall be the Advocate for Small Business House of Representatives a report on the ac- ‘‘(a) ESTABLISHMENT AND PURPOSE.— Capital Formation, who shall— tivities of the Advocate for Small Business ‘‘(1) ESTABLISHMENT.—There is established ‘‘(i) report directly to the Commission; and Capital Formation during the immediately within the Commission the Small Business ‘‘(ii) be appointed by the Commission, from preceding fiscal year. Capital Formation Advisory Committee among individuals having experience in ad- ‘‘(B) CONTENTS.—Each report required (hereafter in this section referred to as the vocating for the interests of small businesses under subparagraph (A) shall include— ‘Committee’). and encouraging small business capital for- ‘‘(i) appropriate statistical information ‘‘(2) FUNCTIONS.— mation. and full and substantive analysis; ‘‘(A) IN GENERAL.—The Committee shall ‘‘(B) COMPENSATION.—The annual rate of ‘‘(ii) information on steps that the Advo- provide the Commission with advice on the pay for the Advocate for Small Business Cap- cate for Small Business Capital Formation Commission’s rules, regulations, and policies ital Formation shall be equal to the highest has taken during the reporting period to im- with regard to the Commission’s mission of rate of annual pay for other senior execu- prove small business services and the respon- protecting investors, maintaining fair, or- tives who report directly to the Commission. siveness of the Commission and self-regu- derly, and efficient markets, and facilitating ‘‘(C) NO CURRENT EMPLOYEE OF THE COMMIS- latory organizations to small business and capital formation, as such rules, regulations, SION.—An individual may not be appointed as small business investor concerns; the Advocate for Small Business Capital For- ‘‘(iii) a summary of the most serious issues and policies relate to— mation if the individual is currently em- encountered by small businesses and small ‘‘(i) capital raising by emerging, privately ployed by the Commission. business investors, including any unique held small businesses (‘emerging companies’) ‘‘(3) STAFF OF OFFICE.—The Advocate for issues encountered by minority-owned and and publicly traded companies with less than Small Business Capital Formation, after women-owned small businesses and their in- $250,000,000 in public market capitalization consultation with the Commission, may re- vestors, during the reporting period; (‘smaller public companies’) through securi- tain or employ independent counsel, research ‘‘(iv) an inventory of the items summarized ties offerings, including private and limited staff, and service staff, as the Advocate for under clause (iii) (including items summa- offerings and initial and other public offer- Small Business Capital Formation deter- rized under such clause for any prior report- ings; mines to be necessary to carry out the func- ing period on which no action has been taken ‘‘(ii) trading in the securities of emerging tions of the Office. or that have not been resolved to the satis- companies and smaller public companies; ‘‘(4) FUNCTIONS OF THE ADVOCATE FOR SMALL faction of the Advocate for Small Business and BUSINESS CAPITAL FORMATION.—The Advocate Capital Formation as of the beginning of the ‘‘(iii) public reporting and corporate gov- for Small Business Capital Formation reporting period covered by the report) that ernance requirements of emerging companies shall— includes— and smaller public companies. ‘‘(A) assist small businesses and small ‘‘(I) identification of any action taken by ‘‘(B) LIMITATION.—The Committee shall not business investors in resolving significant the Commission or the self-regulatory orga- provide any advice with respect to any poli- problems such businesses and investors may nization and the result of such action; cies, practices, actions, or decisions con- have with the Commission or with self-regu- ‘‘(II) the length of time that each item has cerning the Commission’s enforcement pro- latory organizations; remained on such inventory; and gram. ‘‘(B) identify areas in which small busi- ‘‘(III) for items on which no action has ‘‘(b) MEMBERSHIP.— nesses and small business investors would been taken, the reasons for inaction, and an ‘‘(1) IN GENERAL.—The members of the benefit from changes in the regulations of identification of any official who is respon- Committee shall be— the Commission or the rules of self-regu- sible for such action; ‘‘(A) the Advocate for Small Business Cap- latory organizations; ‘‘(v) recommendations for such changes to ital Formation; ‘‘(C) identify problems that small busi- the regulations, guidance and orders of the ‘‘(B) not fewer than 10, and not more than nesses have with securing access to capital, Commission and such legislative actions as 20, members appointed by the Commission, including any unique challenges to minority- may be appropriate to resolve problems with from among individuals— owned and women-owned small businesses; the Commission and self-regulatory organi- ‘‘(i) who represent— ‘‘(D) analyze the potential impact on small zations encountered by small businesses and ‘‘(I) emerging companies engaging in pri- businesses and small business investors of— small business investors and to encourage vate and limited securities offerings or con- ‘‘(i) proposed regulations of the Commis- small business capital formation; and sidering initial public offerings (‘IPO’) (in- sion that are likely to have a significant eco- ‘‘(vi) any other information, as determined cluding the companies’ officers and direc- nomic impact on small businesses and small appropriate by the Advocate for Small Busi- tors); business capital formation; and ness Capital Formation. ‘‘(II) the professional advisors of such com- ‘‘(ii) proposed rules that are likely to have ‘‘(C) CONFIDENTIALITY.—No report required panies (including attorneys, accountants, in- a significant economic impact on small busi- by subparagraph (A) may contain confiden- vestment bankers, and financial advisors); nesses and small business capital formation tial information. and of self-regulatory organizations registered ‘‘(D) INDEPENDENCE.—Each report required ‘‘(III) the investors in such companies (in- under this title; under subparagraph (A) shall be provided di- cluding angel investors, venture capital ‘‘(E) conduct outreach to small businesses rectly to the committees of Congress listed funds, and family offices); and small business investors, including in such subparagraph without any prior re- ‘‘(ii) who are officers or directors of minor- through regional roundtables, in order to so- view or comment from the Commission, any ity-owned small businesses or women-owned licit views on relevant capital formation commissioner, any other officer or employee small businesses; issues; of the Commission, or the Office of Manage- ‘‘(iii) who represent— ‘‘(F) to the extent practicable, propose to ment and Budget. ‘‘(I) smaller public companies (including the Commission changes in the regulations ‘‘(7) REGULATIONS.—The Commission shall the companies’ officers and directors); or orders of the Commission and to Congress establish procedures requiring a formal re- ‘‘(II) the professional advisors of such com- any legislative, administrative, or personnel sponse to all recommendations submitted to panies (including attorneys, auditors, under- changes that may be appropriate to mitigate the Commission by the Advocate for Small writers, and financial advisors); and problems identified under this paragraph and Business Capital Formation, not later than 3 ‘‘(III) the pre-IPO and post-IPO investors to promote the interests of small businesses months after the date of such submission. in such companies (both institutional, such and small business investors; ‘‘(8) GOVERNMENT-BUSINESS FORUM ON as venture capital funds, and individual, ‘‘(G) consult with the Investor Advocate on SMALL BUSINESS CAPITAL FORMATION.—The such as angel investors); and proposed recommendations made under sub- Advocate for Small Business Capital Forma- ‘‘(iv) who represent participants in the paragraph (F); and tion shall be responsible for planning, orga- marketplace for the securities of emerging ‘‘(H) advise the Investor Advocate on nizing, and executing the annual Govern- companies and smaller public companies, issues related to small businesses and small ment-Business Forum on Small Business such as securities exchanges, alternative business investors. Capital Formation described in section 503 of trading systems, analysts, information proc- ‘‘(5) ACCESS TO DOCUMENTS.—The Commis- the Small Business Investment Incentive Act essors, and transfer agents; and sion shall ensure that the Advocate for of 1980 (15 U.S.C. 80c–1). ‘‘(C) 3 non-voting members—

VerDate Sep 11 2014 00:35 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.005 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H381 ‘‘(i) 1 of whom shall be appointed by the In- is amended by inserting ‘‘(acting through the companies to go public, the JOBS Act vestor Advocate; Office of the Advocate for Small Business alone has not been enough. It has not ‘‘(ii) 1 of whom shall be appointed by the Capital Formation and in consultation with been enough to entirely overcome all North American Securities Administrators the Small Business Capital Formation Advi- of the obstacles that the companies Association; and sory Committee)’’ after ‘‘Securities and Ex- ‘‘(iii) 1 of whom shall be appointed by the change Commission’’. face in trying to go public. Administrator of the Small Business Admin- So now we have H.R. 3784. It creates The SPEAKER pro tempore. Pursu- the SEC small business capital forma- istration. ant to the rule, the gentleman from ‘‘(2) TERM.—Each member of the Com- tion advocate, and he will provide an mittee appointed under subparagraph (B), New Jersey (Mr. GARRETT) and the gen- independent voice for small business (C)(ii), or (C)(iii) of paragraph (1) shall serve tleman from Delaware (Mr. CARNEY) capital formation on par with the for a term of 4 years. each will control 20 minutes. SEC’s investor advocate. This new ad- ‘‘(3) MEMBERS NOT COMMISSION EMPLOY- The Chair recognizes the gentleman vocate will support the interests of EES.—Members appointed under subpara- from New Jersey. graph (B), (C)(ii), or (C)(iii) of paragraph (1) small businesses and provide guidance GENERAL LEAVE shall not be treated as employees or agents to the SEC on advancing a post-JOBS of the Commission solely because of mem- Mr. GARRETT. Mr. Chairman, I ask Act capital formation agenda, some- bership on the Committee. unanimous consent that all Members thing that, unfortunately, if you look ‘‘(c) CHAIRMAN; VICE CHAIRMAN; SEC- may have 5 legislative days in which to at the track record, the SEC has failed RETARY; ASSISTANT SECRETARY.— revise and extend their remarks and to to do for years. The small business ad- ‘‘(1) IN GENERAL.—The members of the include any extraneous material with vocate will support the interests not Committee shall elect, from among the regard to this bill. only of entrepreneurs and of job cre- members of the Committee— The SPEAKER pro tempore. Is there ‘‘(A) a chairman; ators, but they will do so also on behalf ‘‘(B) a vice chairman; objection to the request of the gen- of investors. ‘‘(C) a secretary; and tleman from New Jersey? Finally, it is clear that fundamental ‘‘(D) an assistant secretary. There was no objection. change is needed within the SEC in ‘‘(2) TERM.—Each member elected under b 1530 order to get this agency to focus on the paragraph (1) shall serve for a term of 3 years capital formation mandate. H.R. 3784 in the capacity for which the member was Mr. GARRETT. Mr. Speaker, I yield will provide a permanent voice for elected under paragraph (1). myself such time as I may consume. small businesses at the SEC, and it will ‘‘(d) MEETINGS.— I rise in support of H.R. 3784, the SEC help them ensure that the SEC does ‘‘(1) FREQUENCY OF MEETINGS.—The Com- Small Business Advocate Act. mittee shall meet— not neglect, anymore, this important ‘‘(A) not less frequently than four times I would like to thank the gentleman mandate in the future. annually, at the call of the chairman of the from Delaware (Mr. CARNEY) and the Again, I ask my colleagues to sup- Committee; and gentleman from Wisconsin (Mr. DUFFY) port H.R. 3784 in a bipartisan manner, ‘‘(B) from time to time, at the call of the of the Financial Services Committee, just as was done in committee. Commission. as well as the gentleman from Florida Mr. Speaker, I reserve the balance of ‘‘(2) NOTICE.—The chairman of the Com- (Mr. CRENSHAW) and the gentleman my time. mittee shall give the members of the Com- from Illinois (Mr. QUIGLEY) of the Ap- Mr. CARNEY. Mr. Speaker, I yield mittee written notice of each meeting, not propriations Committee, for working later than 2 weeks before the date of the myself such time as I may consume. meeting. together in a bipartisan manner on this I begin by thanking all of those who ‘‘(e) COMPENSATION AND TRAVEL EX- bill. In doing so, it has resulted in the have worked with us to introduce and PENSES.—Each member of the Committee Financial Services Committee’s favor- to improve this legislation. I especially who is not a full-time employee of the ably reporting H.R. 3784 out of com- want to thank my colleague and friend, United States shall— mittee by a unanimous vote. the gentleman from Wisconsin (Mr. ‘‘(1) be entitled to receive compensation at Mr. Speaker, the SEC has a three- DUFFY), the gentleman from Illinois a rate not to exceed the daily equivalent of part mission: to protect investors, to the annual rate of basic pay in effect for a (Mr. QUIGLEY), who will speak in a position at level V of the Executive Schedule maintain fair and orderly and efficient minute, the gentleman from Florida under section 5316 of title 5, United States markets, and to also facilitate capital (Mr. CRENSHAW), and all of our other Code, for each day during which the member formation. Yet, if you think about it, cosponsors, as well as the SEC, for is engaged in the actual performance of the the SEC has really given a short shrift their work on this bill. Due to their duties of the Committee; and to the capital formation part of its help and the bipartisan work on our ‘‘(2) while away from the home or regular statutory mandate, and it is to the det- committee, this legislation received a place of business of the member in the per- riment of entrepreneurs and to the unanimous vote out of committee, as formance of services for the Committee, be startup ventures. allowed travel expenses, including per diem the gentleman from New Jersey point- in lieu of subsistence, in the same manner as Although small companies are at the ed out. persons employed intermittently in the Gov- proverbial forefront of technological Mr. Speaker, small businesses are the ernment service are allowed expenses under innovation and also of job creation, cornerstones of our communities, and section 5703 of title 5, United States Code. they often face significant obstacles in they are a major driver of American ‘‘(f) STAFF.—The Commission shall make obtaining the necessary capital and economic job growth. In fact, small available to the Committee such staff as the funding. These obstacles, if you will, businesses create over 60 percent of chairman of the Committee determines are are often attributable to the propor- necessary to carry out this section. new jobs in the United States, which is ‘‘(g) REVIEW BY COMMISSION.—The Commis- tionally large burden that security reg- the main point here. If we want to help sion shall— ulations place on them. They are often businesses create jobs, we need to help ‘‘(1) review the findings and recommenda- written for large public companies, and small businesses. tions of the Committee; and they are placed then on small compa- From one’s employment to one’s ‘‘(2) each time the Committee submits a nies which then seek to go public. shopping needs, every American relies finding or recommendation to the Commis- By failing to fulfill this important on small business in some way or an- sion, promptly issue a public statement— part of its mandated mission, the SEC other. Given the crucial part they play ‘‘(A) assessing the finding or recommenda- tion of the Committee; and is basically hurting the small compa- in our economy, ensuring their success ‘‘(B) disclosing the action, if any, the Com- nies. It is impeding economic growth, just makes common sense. That is mission intends to take with respect to the and it is basically hindering job cre- what this bill is—just a commonsense, finding or recommendation. ation, which is so desperately needed in bipartisan bill to help small businesses ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.— this country. When the SEC has failed across our great country. The Federal Advisory Committee Act (5 to advance its mission in facilitating Despite the important role that U.S.C. App.) shall not apply with respect to capital formation, Congress has small businesses have in driving eco- the Committee and its activities.’’. (c) ANNUAL GOVERNMENT-BUSINESS FORUM stepped into this vacuum, most nota- nomic growth and job creation, they ON SMALL BUSINESS CAPITAL FORMATION.— bly through the enactment of the JOBS can be underrepresented in conversa- Section 503(a) of the Small Business Invest- Act back in 2012. You see, while the tions about regulations affecting them ment Incentive Act of 1980 (15 U.S.C. 80c–1(a)) JOBS Act has made it easier for these at every level of government, and their

VerDate Sep 11 2014 00:35 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.005 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H382 CONGRESSIONAL RECORD — HOUSE February 1, 2016 concerns are not always heard. This which will establish an Office of the on capital formation that is held pur- doesn’t just harm small businesses. It Advocate for Small Business Capital suant to such Act. can also adversely impact investors Formation within the SEC. This office The Clerk read the title of the bill. and the public at large. will open a clear avenue of communica- The text of the bill is as follows: The SEC has done an admirable job tion to the SEC leadership on issues af- H.R. 4168 in supporting and in advancing the pri- fecting small businesses by maintain- Be it enacted by the Senate and House of Rep- orities of small businesses. This bill, ing a designated representative to ad- resentatives of the United States of America in the SEC Small Business Advocate Act, vocate on their needs. Congress assembled, simply gives the SEC more tools to un- This advocate will be responsible for SECTION 1. SHORT TITLE. derstand their needs and concerns. The helping small businesses resolve prob- This Act may be cited as the ‘‘Small Busi- SEC Small Business Advocate Act mir- lems with the SEC, analyzing the po- ness Capital Formation Enhancement Act’’. rors provisions found in the Dodd- tential impact of proposed rules and SEC. 2. ANNUAL REVIEW OF GOVERNMENT-BUSI- Frank bill, which created the current NESS FORUM ON CAPITAL FORMA- regulations on small businesses, and TION. Office of the Investor Advocate. reaching out to small businesses to un- Section 503 of the Small Business Invest- This advocate would open clear ave- derstand issues related to capital for- ment Incentive Act of 1980 (15 U.S.C. 80c–1) is nues of communication to SEC leader- mation. In addition, this bill formal- amended by adding at the end the following: ship on issues affecting small-business izes the Advisory Committee on Small ‘‘(e) The Commission shall— owners, investors, and stakeholders. It and Emerging Companies, which pro- ‘‘(1) review the findings and recommenda- would also help continue the reforms vides members of the small business tions of the forum; and and progress that Congress made in ‘‘(2) each time the forum submits a finding community with another mechanism or recommendation to the Commission, passing the JOBS Act, which the gen- to communicate their concerns with tleman from New Jersey mentioned, in- promptly issue a public statement— the SEC. This legislation will not only ‘‘(A) assessing the finding or recommenda- cluding with issues such as equity improve the regulatory process for tion of the forum; and crowdfunding and ideas for venture ex- small-business owners, but also for the ‘‘(B) disclosing the action, if any, the Com- changes and changes to tick size, which everyday investors and consumers who mission intends to take with respect to the the gentleman from Wisconsin and I depend on them. finding or recommendation.’’. have worked on over the past year. This legislation has widespread sup- The SPEAKER pro tempore. Pursu- With the resources provided in H.R. port from representatives of the busi- ant to the rule, the gentleman from 3784, the SEC will have the ability to ness community, and it passed unani- New Jersey (Mr. GARRETT) and the gen- pursue meaningful regulatory improve- mously out of committee. I urge my tleman from Delaware (Mr. CARNEY) ments that could significantly improve colleagues to empower small-business each will control 20 minutes. outcomes for small businesses and help owners and entrepreneurs and support The Chair recognizes the gentleman them with their access to capital, this commonsense, bipartisan legisla- from New Jersey. which is needed to grow and create tion. GENERAL LEAVE jobs. I am very encouraged that the House Mr. GARRETT. Mr. Speaker, I re- Mr. GARRETT. Mr. Speaker, I ask has chosen to take up this bipartisan serve the balance of my time. unanimous consent that all Members piece of legislation today and that we Mr. CARNEY. Mr. Speaker, I yield have 5 legislative days in which to re- are moving forward to ensure a voice myself the balance of my time. vise and extend their remarks and to for small business at the SEC. I close by again asking my colleagues include any extraneous material on Again, I thank the SEC for its help to follow the example of the Financial this bill. on this issue and a special thanks to Services Committee and vote unani- The SPEAKER pro tempore. Is there my friend and colleague, Congressman mously to support this bill, which will objection to the request of the gen- DUFFY. help small businesses to access capital tleman from New Jersey? I urge all of my colleagues, as the and to get the advice they need from There was no objection. members of the Financial Services the SEC. Mr. GARRETT. Mr. Speaker, I yield Committee have, to vote ‘‘yes’’ on this I yield back the balance of my time. myself such time as I may consume. legislation. Mr. GARRETT. Mr. Speaker, I yield I rise in support of H.R. 4168, the Mr. Speaker, I reserve the balance of myself the balance of my time. Small Business Capital Formation En- my time. Again, I commend the gentleman for hancement Act. Mr. GARRETT. Mr. Speaker, I re- his work on this legislation and for the I would like to thank the gentleman serve the balance of my time. bipartisan nature of this and of most of from Maine (Mr. POLIQUIN) and the gen- Mr. CARNEY. Mr. Speaker, I yield 3 the bills, actually, that will be coming tleman from California (Mr. VARGAS) minutes to the gentleman from Illinois to the floor today that were passed out for their bipartisan work on this bill. I (Mr. QUIGLEY). of committee in a bipartisan manner. go off script here just to say thank you Mr. QUIGLEY. Mr. Speaker, given I yield back the balance of my time. very much to Mr. POLIQUIN, who has that small businesses have accounted The SPEAKER pro tempore. The been a very active member on this for over 60 percent of the net new jobs question is on the motion offered by committee from the very beginning created since the end of the recession, the gentleman from New Jersey (Mr. and has been very active in making we should be doing more to simplify GARRETT) that the House suspend the sure this legislation has come to the regulatory compliance so that small rules and pass the bill, H.R. 3784, as floor today. I thank the gentleman. businesses can direct their resources to amended. As I said before, this bill came out of what they do best: innovating and The question was taken; and (two- committee, due much in part to the growing our economy. thirds being in the affirmative) the gentleman’s work, with an over- Small businesses and small business rules were suspended and the bill, as whelming bipartisan vote. I believe it investors were not the cause of the fi- amended, was passed. was 55–1; so the gentleman just has nancial crisis and do not pose a signifi- A motion to reconsider was laid on that one to work on for his next piece cant risk to the rest of the economy. the table. of legislation that comes out of com- Yet, regulators like the SEC, which f mittee. oversee the financial markets, too Mr. Speaker, Congress created the often craft regulations by which the SMALL BUSINESS CAPITAL SEC Government-Business Forum on costs to small businesses far outweigh FORMATION ENHANCEMENT ACT Small Business Capital Formation—to the minimal benefits they may have on Mr. GARRETT. Mr. Speaker, I move do what?—to provide a platform to our economy. We need our regulators to suspend the rules and pass the bill identify unnecessary impediments to to take the concerns of small busi- (H.R. 4168) to amend the Small Busi- small business capital formation and to nesses seriously and to make small ness Investment Incentive Act of 1980 find ways to eliminate or to reduce business growth a top priority. to require an annual review by the Se- them. Each forum seeks to develop rec- That is why I was proud to coauthor curities and Exchange Commission of ommendations for government and pri- the SEC Small Business Advocate Act, the annual government-business forum vate action to improve and provide the

VerDate Sep 11 2014 01:14 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.010 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H383 environment for small business capital By directly addressing the rec- lies as far as access to funding is con- formation, thereby providing small ommendations of the forum, the SEC cerned. I am not worried as much businesses the opportunity—to do will help refine ideas and provide fu- about the big companies having access what?—to grow economically and, ture forums with opportunities to ad- to the capital markets, but I do worry most importantly, as we have been dress the SEC’s views or concerns, ulti- about our small businesses. talking all day, to create more jobs. mately leading to a more constructive Now, as both Mr. CARNEY and Mr. Unfortunately, the SEC’s default po- and valuable process. GARRETT have mentioned, during each sition over these several years has been This legislation will enhance the role of the past 35 years, the Securities and to simultaneously and summarily ig- of the forum and assist the SEC to Exchange Commission, by law, has nore many of the recommendations focus on the capital needs of small been required and has put together an made by the various forum partici- businesses, which, as we have discussed annual government-business forum. pants, which include small businesses, several times today, are the main driv- During this annual meeting, they get venture capitalists, trade association ers of job creation in our economy, the most experienced professionals representatives, accountants, aca- while simultaneously encouraging par- they can find—businessowners, SEC at- demics, and other small business aca- ticipants to substantively engage in torneys, private sector attorneys—to demics. the forum. review the current laws we have on the Despite the claims of which we hear Mr. Speaker, I ask my colleagues to books today to make sure they are not every year from the Commission about support this bipartisan piece of legisla- impeding our small businesses’ ability the importance of this forum, it seems tion and thank the sponsors for their to borrow money and have access to that the only time the SEC actually hard work. capital in other ways. implements one of these capital forma- I reserve the balance of my time. Now, these forums also are a tremen- tion agenda items that comes out of it Mr. GARRETT. Mr. Speaker, I have dous incubator of coming up with new is when Congress tells it to do so. This already given him compliments, as ideas to make sure our laws evolve. was certainly the case with several many as I am going to give on the Our capital markets, Mr. Speaker, in provisions of the JOBS Act, many of floor. I yield such time as he may con- our economy are very dynamic. Busi- which, as one will recall, were original sume to the gentleman from Maine nesses grow and they change, and new recommendations from that very same (Mr. POLIQUIN) because he has been an products are offered and sold. forum. I will give two examples. There outstanding member of the committee So there are new needs for capital was the crowdfunding and the Regula- and is the sponsor of the bill. going forward. We have to make sure tion A-Plus provisions of the JOBS Mr. POLIQUIN. Mr. Speaker, I thank that the actual laws that are the un- Act. They basically mirrored the fo- Chairman GARRETT for bringing this derpinning of our capital markets, the rum’s recommendations years earlier. very important bill to the floor. I also underpinning of our economy, also The Small Business Capital Forma- want to extend my congratulations to evolve. So these annual business-gov- tion Enhancement Act, which is before Congressman JUAN VARGAS of Cali- ernment forums are very important us today, provides an answer. It basi- fornia. He has done a terrific job being venues for this to happen. cally provides a simple solution to the lead cosponsor of the Small Busi- Now, as has been said here earlier, making the SEC more responsive. It re- ness Capital Formation Enhancement unfortunately, the SEC has no legal re- quires the SEC to respond publicly and Act. quirement to make sure all the terrific in writing to each forum recommenda- All of us in this Chamber who also recommendations that come out of tion and to simply explain whether it are small-business owners understand these annual forums are acted upon or plans to take action on that item or how important it is to have access to not. In fact, it is very common for the not. money, to funds, to capital, in order for It really shouldn’t take an act of SEC not to comment at all on all of the our businesses to be successful, to Congress for the SEC to fulfill its basic work done to bring these new ideas to grow, and ultimately to hire more peo- capital formation mission. Quite hon- the forefront. ple. This is true in Maine’s Second Dis- So my legislation, I am proud to say, estly, it shouldn’t take an act of Con- trict that I represent and also across comes up with a very commonsense fix. gress for the SEC to simply respond in the country. It simply requires the SEC to make a writing to any of the forum rec- It is all about jobs. Unless your busi- public statement on what it is going to ommendations. Unfortunately, this is ness grows and expands, then you don’t do to embrace these recommended the position we find ourselves in today; have jobs. So it is very, very important changes or not. It is very simple. Oth- so we have H.R. 4168, which is the gen- to have that key ingredient to small- erwise, these ideas, Mr. Speaker, sit on tleman from Maine’s work, which will business growth, which is access to the shelf. ensure that the SEC no longer ignores capital or to money. Now, my bill also has the ancillary these recommendations and will be Now, if you are one of the greatest benefit of making sure that each new able to help fulfill its statutory mis- papermakers in the world—and we have forum each year doesn’t repeat what sion to facilitate capital formation in a lot, Mr. Speaker, up in Maine’s Sec- we just did the year before. By having this country. ond District—and you work for a paper Mr. Speaker, I reserve the balance of a benchmark every year, by addressing company up in Madawaska, Maine, or my time. the recommendations that come out of Madison, Maine, you still depend on these meetings, then we are able to b 1545 your company—it might not be a small spring forward and move down the path Mr. CARNEY. Mr. Speaker, I yield company—to make sure you have ac- where we left off the year before. myself such time as I may consume. cess to the stock and bond markets, to I want to thank the Speaker and the I would like to add my thanks and be able to borrow the funds they need chairman very much for bringing this congratulations as well to the gen- to expand and be successful, and to important bill to the floor. I am de- tleman from Maine (Mr. POLIQUIN) and make sure we can secure your job. lighted to work with Mr. VARGAS on the gentleman from California (Mr. Now, if you are a small-business this. He has done one heck of a job. VARGAS) for their bipartisan work on owner, which really dominates the It is so important for everybody in this bill. This legislation, as was point- landscape in Maine and across the this Chamber to please stand up for ed out, passed out of the Financial country—let’s say you are a small businesses across the country, to Services Committee with all but one boatbuilder in Ellsworth, Maine—you make sure they have access to the vote. still need access to capital in order to money they need to grow, be success- The SEC’s Government-Business grow. If you are a biotech startup com- ful, and hire more workers. It is all Forum on Capital Formation brings to- pany in Lewiston, Maine, the same about jobs. gether academics, government offi- holds true. Mr. CARNEY. Mr. Speaker, I thank cials, legal experts, and business stake- You know, 80 percent of the new jobs and congratulate the sponsor and co- holders to make recommendations to created in our country today are not sponsor again. I have no further re- improve and facilitate small-business large companies, but they are small quests for time. capital formation. companies. That is where the problem I yield back the balance of my time.

VerDate Sep 11 2014 02:04 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.013 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H384 CONGRESSIONAL RECORD — HOUSE February 1, 2016 Mr. GARRETT. Mr. Speaker, I yield The Clerk read the title of the bill. partisan manner, which, as we have such time as he may consume to the The text of the bill is as follows: noted, has been on each and every one gentleman from Minnesota (Mr. H.R. 2209 of the bills that we have presented EMMER). Be it enacted by the Senate and House of Rep- today in that manner. Mr. EMMER of Minnesota. Mr. resentatives of the United States of America in Their efforts culminated in the com- Speaker, small businesses are critical Congress assembled, mittee, favorably reporting this bill by to job creation and sustainable eco- SECTION 1. TREATMENT OF CERTAIN MUNICIPAL a vote of 56 to 1. So, as I have said to nomic growth in America. OBLIGATIONS. Mr. POLIQUIN before, you have only one In my home State of Minnesota, 1.2 (a) IN GENERAL.—Section 18 of the Federal Member to go to get unanimous con- million workers—nearly half of our Deposit Insurance Act (12 U.S.C. 1828) is amended— sent going forward. State’s private workforce—is employed (1) by moving subsection (z) so that it ap- Mr. Speaker, given the problems by a small business. When one of the pears after subsection (y); and posed by insufficient liquidity during more than 500,000 small businesses in (2) by adding at the end the following: the past financial crisis, Federal regu- Minnesota contacts our office, it is ‘‘(aa) TREATMENT OF CERTAIN MUNICIPAL lators issued a final rule back in 2014 to most often about how well-intended, OBLIGATIONS.— implement something called liquidity yet short-sighted, regulations are in- ‘‘(1) IN GENERAL.—For purposes of the final coverage ratio, or LCR. That was being hibiting their ability to utilize the fi- rule titled ‘Liquidity Coverage Ratio: Li- done consistent with something called quidity Risk Measurement Standards; Final nancial products they rely on. Rule’ (79 Fed. Reg. 61439; published October the Basel Committee on Banking Su- In order to ensure the creation and 10, 2014) (the ‘Final Rule’) and any other reg- pervision’s standards. growth of small business, it is impera- ulation which incorporates a definition of The LCR was established on the tive that we do our job in Washington the term ‘high-quality liquid asset’, the ap- premise that banks should have enough to make certain they have access to propriate Federal banking agencies shall cash or assets that would be liquid the capital they need. treat a municipal obligation that is both liq- enough when they needed them—and Since 1980, the Securities and Ex- uid and readily marketable (as defined in the that would be defined as high-quality change Commission has been required Final Rule) and investment grade as of the liquid assets, or HQLAs—and that we calculation date as a high-quality liquid to conduct a government-business would have to have them on hand for 30 forum each year to present and discuss asset that is a level 2A liquid asset. ‘‘(2) DEFINITIONS.—For purposes of this sub- days if their usual sources of short- ways to improve small business capital section: term funding would simply disappear. formation. However, the SEC is under ‘‘(A) INVESTMENT GRADE.—With respect to It goes without saying, when you no legal obligation, as we have heard an obligation, the term ‘investment grade’ think about this, that anytime that several times today, to respond to any has the meaning given that term under part the government steps in, or anytime of the findings or recommendations 1 of title 12, Code of Federal Regulations. you have a government agency favor- that come out of these forums. ‘‘(B) MUNICIPAL OBLIGATION.—The term ing this type of asset over this type of That is why the Small Business Cap- ‘municipal obligation’ means an obligation asset through some sort of regulation of a State or any political subdivision there- ital Formation Enhancement Act is so in which they did it, you are going to important. The proposed legislation of, or any agency or instrumentality of a State or any political subdivision thereof.’’. end up with what? You are going to end will require the SEC to respond to the (b) AMENDMENT TO LIQUIDITY COVERAGE up with basically unintended and unde- findings and recommendations made at RATIO REGULATIONS.—Not later than the end sirable consequences. That is what has these annual government-business fo- of the 3-month period beginning on the date happened here. rums. This will ensure that the ideas of the enactment of this Act, the Federal De- Not surprisingly, critics of the LCR formulated at these government-busi- posit Insurance Corporation, the Board of have complained that the stock of ness forums will be carefully consid- Governors of the Federal Reserve System, HQLAs is defined way too narrowly, ered at the SEC and possibly even im- and the Comptroller of the Currency shall amend the final rule titled ‘‘Liquidity Cov- which could adversely impact the asset plemented. erage Ratio: Liquidity Risk Measurement classes that we are talking about. I want to thank Representatives Standards; Final Rule’’ (79 Fed. Reg. 61439; So investment-grade municipal secu- BRUCE POLIQUIN and JUAN VARGAS for published October 10, 2014) to implement the rities, on the other hand, if you look at their hard work on behalf of consumers amendments made by this Act. them closely—more than we could do and small business. The SPEAKER pro tempore. Pursu- right here on the floor right now—they I urge my colleagues to support the ant to the rule, the gentleman from basically share the same liquidity Small Business Capital Formation En- New Jersey (Mr. GARRETT) and the gen- characteristics of other HQLAs. And hancement Act. tleman from Delaware (Mr. CARNEY) that is what Mr. MESSER basically is Mr. GARRETT. Mr. Speaker, I yield each will control 20 minutes. trying to address with this great piece back the balance of my time. The Chair recognizes the gentleman of legislation. The SPEAKER pro tempore. The from New Jersey. Other HQLAs, such as corporate question is on the motion offered by bonds and equity securities, have the the gentleman from New Jersey (Mr. GENERAL LEAVE basic same characteristic here as far as GARRETT) that the House suspend the Mr. GARRETT. Mr. Speaker, I ask liquidity goes. Yet, the prudential reg- rules and pass the bill, H.R. 4168. unanimous consent that all Members ulators, what do they do? They put The question was taken. have 5 legislative days to revise and ex- The SPEAKER pro tempore. In the tend their remarks and include any ex- them in one pile and excluded them opinion of the Chair, two-thirds being traneous material on this bill. from the final LCR. in the affirmative, the ayes have it. The SPEAKER pro tempore. Is there While the Federal Reserve has ac- Mr. POLIQUIN. Mr. Speaker, on that objection to the request of the gen- knowledged this problem and they ac- I demand the yeas and nays. tleman from New Jersey? knowledge the fault in excluding mu- The yeas and nays were ordered. There was no objection. nicipal securities from this definition The SPEAKER pro tempore. Pursu- Mr. GARRETT. Mr. Speaker, I yield of HQLAs, the Federal Reserve’s rule ant to clause 8 of rule XX, further pro- myself such time as I may consume. would only apply to the bank holding ceedings on this motion will be post- I rise in support of H.R. 2209. I will company’s municipal securities and poned. begin by thanking the gentleman from not the national banks, where more of f Indiana (Mr. MESSER) for all of his hard these municipal securities are held. work on this legislation and his leader- Paul Kupiec, who is over at the TREATMENT OF CERTAIN ship as well, with pulling it through American Enterprise Institute, in tes- MUNICIPAL OBLIGATIONS and getting it done right here at the timony before our committee back in Mr. GARRETT. Mr. Speaker, I move beginning of this legislative year, and October of last year on the bill, said it to suspend the rules and pass the bill being a leader on this bill as well. ‘‘is appropriate and consistent with the (H.R. 2209) to require the appropriate On the other side of the aisle, I thank public interest. There is no reason why Federal banking agencies to treat cer- the gentlewoman from New York (Mrs. high quality liquid bonds issued by the tain municipal obligations as level 2A CAROLYN B. MALONEY) for working to- U.S. States and municipalities should liquid assets, and for other purposes. gether with Mr. MESSER in a very bi- receive a lower standing than foreign

VerDate Sep 11 2014 01:14 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.015 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H385 sovereign debt with equivalent (or even just as liquid as corporate bonds. Even countries over loans to our own local lesser) credit quality and market li- worse, they treat foreign securities dif- governments and schools, yet that is quidity.’’ ferently than U.S. securities, munic- exactly what is happening under our broken Federal regulatory scheme. b 1600 ipal bonds. This absolutely makes no sense. It ef- Today’s bill, H.R. 2209, would correct Think about that for a minute. We fectively discriminates against munic- this problem. I am proud to have coau- are basically, under the current situa- ipal bonds. A municipal bond that is thored this bipartisan bill with Con- tion, treating our municipalities and just as liquid as the most liquid cor- gresswoman MALONEY. I also want to U.S. securities at a lower standard porate bond would not be counted as a thank my good friends—Mr. POLIQUIN, than foreign such securities, and we liquid asset under the rule just because Mr. PEARCE, the chairman, and oth- know how they have prevailed in the it was issued by a city or State rather ers—who helped us in working on this last year or so. than a corporate entity. This is not bill. I ask my colleagues for their sup- With that in mind, I ask my col- fair. port. leagues to join me in supporting H.R. The Fed has already recognized this It is really just common sense. U.S. 2209, and the hard work of Mr. MESSER, error. It is already amending its rule to municipal bonds are among the safest as well, in this legislation. allow certain municipal bonds to count investments in the entire world. Ac- Mr. Speaker, I reserve the balance of as liquid assets. They should be praised cording to Municipal Market Ana- my time. for taking a second look at the data lytics, over the last 5 years—a period, Mr. CARNEY. Mr. Speaker, I yield 4 and recognizing that some municipal by the way, during which State and minutes to the gentlewoman from New bonds are, in fact, highly liquid. But local governments struggled to recover York (Mrs. CAROLYN B. MALONEY). the OCC, which regulates national from the recession—high-quality State Mrs. CAROLYN B. MALONEY of New banks, is still refusing to amend its and local government obligation de- York. I thank the gentleman for yield- rule and insists on favoring corpora- faults were only four one thousandths ing and for his leadership. tions over cities and States. Mr. of 1 percent. Let me repeat that. The Mr. Speaker, I rise in strong support MESSER and I introduced this bill be- municipal bond default rate was four today for H.R. 2209. In sum, this bill cause this kind of arbitrary discrimina- one thousandths of 1 percent during levels the playing field for cities and tion against cities and States cannot the recession. That is a pretty safe in- States, saves cities and States hun- be allowed to continue. vestment. dreds of millions of dollars, and does it A recent analysis by the investment Public entities depend on this financ- in a way that maintains the safety and bank Piper Jaffray estimated that our ing, too. State and local governments, soundness of our banking system. bill would lower borrowing costs for school corporations, and public utility I would first like to thank the gen- cities and States by 15 basis points, companies across the U.S. sell munic- tleman from Indiana (Mr. MESSER), my which would save cities and States ipal bonds to finance the infrastructure friend, for his leadership on this issue. hundreds of millions of dollars per and services that we all depend on. It is It has been a pleasure to work with year. That real-world impact is why low-interest municipal bonds that fi- nance new schools, hospitals, bridges, him. this bill is so very, very important. When we introduced this bill, we Now, it is important to note that this and roads, and pay for the repair of worked hard to have balanced, bipar- bill does not undermine safety and outdated and failing infrastructure. tisan support and to have broad sup- soundness. It does not require regu- The needs are great. In fact, according to the Society of port on both sides of the aisle. We in- lators to treat bonds that are illiquid Civil Engineers, State and local gov- troduced it with a coalition of five Re- as liquid. It simply says that municipal ernments need $3.6 trillion to meet publicans and five Democrats. On the bonds should be afforded the same op- Democratic side, we were joined by Mr. their infrastructure needs over the portunity as corporate bonds. next 5 years. That is what is so dis- CAPUANO, Mr. CLEAVER, Ms. MOORE, The SPEAKER pro tempore. The and Ms. SEWELL of Alabama. From the appointing about recent regulatory time of the gentlewoman has expired. rules from the Federal Deposit Insur- Republican side, we had Mr. KING of Mr. CARNEY. Mr Speaker, I yield ance Corporation, the Office of the New York, Mr. NEUGEBAUER, Mr. STIV- such additional time as she may con- Comptroller of the Currency, and the ERS, and Mr. HULTGREN. sume to the gentlewoman from New This was truly a very strong, bipar- Federal Reserve that will arbitrarily York. increase the costs for local govern- tisan bill. I would like to thank all of Mrs. CAROLYN B. MALONEY of New our colleagues who joined with us. It ments and schools to borrow. York. Mr. Speaker, this is an impor- Specifically, as others have de- passed out of the Committee on Finan- tant bill. It will help the economy. It scribed, in 2014, Federal banking regu- cial Services by a strong vote of 56–1, will help our cities and States. It levels lators issued a rule requiring banks to which shows that we had overwhelming the playing field for cities and States. have enough high-quality liquid assets, bipartisan support. It saves our cities and States, literally, HQLAs, to cover their cash outflows The purpose of this bill is to level the hundreds of millions of dollars, and it for 30 days in case of a future financial playing field for cities and States by maintains the safety and soundness of meltdown. For the most part, liquidity requiring the banking regulators to our banking system. That is why it had set-asides protect the consumer, and treat certain municipal bonds as liquid such a strong, overwhelming bipartisan they make sense. assets, just like corporate bonds, vote in committee. The problem is, in the same rule, stocks, and other assets. Mr. Speaker, I urge my colleagues to they said that investment-grade U.S. As a former member of the City support this bill. municipal bonds don’t count as HQLAs, Council of New York, I know firsthand Mr. GARRETT. Mr. Speaker, I yield while recognizing German subsovereign the importance of municipal bonds. such time as he may consume to the municipal debt and many corporate They allow our States and cities to fi- gentleman from Indiana (Mr. MESSER), bonds as high-quality liquid assets that nance infrastructure, build schools, the sponsor of this piece of legislation. do qualify. That doesn’t make any and pave roads. We have multimillions Mr. MESSER. Mr. Speaker, I thank sense at all. in municipal bonds in New York that is the chairman, Mr. CARNEY, and Mrs. By excluding all American municipal building the Second Avenue subway, CAROLYN B. MALONEY of New York for securities from HQLA eligibility, fi- revamping our water system, and help- their leadership on this bill. nancial institutions are discouraged ing in so many ways. What would you think if I told you from holding them. The result is in- Unfortunately, in the banking regu- that the Federal Government bureauc- creased interest rates and increased lators’ liquidity rule, which requires racy is favoring foreign bonds and cor- borrowing costs for State and local banks to hold a minimum amount of porate bonds over identically valued governments and the taxpayers that liquid assets, they chose to allow cor- U.S. municipal bonds? It wouldn’t pay them. porate bonds to qualify as liquid assets make any sense. This has a real impact on families but completely excluded municipal Our Federal bureaucracy shouldn’t when schools can no longer accommo- bonds, even municipal bonds that are create rules that favor loans to foreign date enrollment and local communities

VerDate Sep 11 2014 01:14 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.017 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H386 CONGRESSIONAL RECORD — HOUSE February 1, 2016 when bridges crumble or roads fail be- Mr. Speaker, I represent Maine’s Sec- gentleman from New Mexico (Mr. cause repair and new construction sim- ond District, which is the west, cen- PEARCE). ply isn’t financially feasible. This is tral, northern, and down east parts of Mr. PEARCE. Mr. Speaker, I thank particularly troubling because times our great State. Now, when you drive Mr. MESSER and Mrs. MALONEY for pro- are tough and budgets are tight across in the State of Maine over some of our ducing this balanced, bipartisan piece America. roads this winter, you see frost heaves of legislation. Although the Federal Reserve con- and potholes and everything else. If The State of New Mexico has a geo- tinues to review this issue, so far the you go on some of our bridges by the graphical area about the same as five Fed’s response has been partial and in- coast, you see there has been a lot of Northeastern States. That area, adequate. The OCC and the FDIC have corrosiveness that has taken place on though, has 55 million people to pay not addressed the issue at all. Mean- those bridges because they are so close the taxes to build roads, to build infra- while, our local governments remain to the salt water. structure, and to build schools. In the strapped for cash and cannot wait for a Now, it is so important to make sure equivalent geographical area, New bureaucratic solution. that our State and our local govern- Mexico has almost 2 million people to Our commonsense bill, H.R. 2209, ments have the opportunity to borrow build all of those miles of roads. fixes this arbitrary decision by Federal the money they need to perform these Now, this is the effect of this legisla- regulators. The bill directs the FDIC, very important infrastructure repairs. tion: it removes the financing mecha- the Federal Reserve System, and the When I was State Treasurer up in nism that States like New Mexico OCC to classify investment-grade mu- Maine, we used this process to sell use—those Western, lightly populated nicipal securities as level 2A, high- high-quality, liquid municipal bonds to areas—municipal bonds to fund things quality liquid assets. investors around the world. That would like schools and roads and infrastruc- Put simply, our bill requires the Fed- allow us to receive and secure the fund- ture. Yet the committee that decided eral Government to recognize the obvi- ing we need to, in fact, repair our roads what category these assets would fall ous: America’s municipal bonds are and bridges. Maybe a small town needs into said that they are no good and some of the safest investments in the to improve its sewage treatment facil- that they are not going to count in the world, and we shouldn’t have rules that ity or build a new landfill or improve liquidity requirement for institutions. give preferential treatment to cor- its water treatment facility. Well, What that means is $3.7 trillion will porate bonds or other countries’ bonds these high-quality, liquid municipal evaporate out of that municipal bond over our own. bonds provide the funds to do just that. market. That is $3.7 trillion that would I want to thank Congresswoman It is my opinion that banking regu- help us build infrastructure and help us MALONEY for working with me on this lators have made a mistake, Mr. create better living for everybody in commonsense legislation. Speaker, because they include in the li- the West. Yet this committee, which I urge all my colleagues to support quidity coverage ratio stocks and cor- never visited New Mexico, appears not this bipartisan bill. porate bonds and other government to have looked at the quality of assets. For those who work in the bond world, this bonds, but they have left out high- Mrs. MALONEY, adequately, says it is bill ensures that a 2A asset is treated as a 2A quality liquid, tax-free municipal not a question of safety and soundness. asset and prevents federal regulators from ar- bonds from that list of securities that Mr. MESSER says that the default rate bitrarily under-valuing them. will qualify for the liquidity coverage is four one-thousandths of 1 percent. Lastly, let me be clear, this bill doesn’t give ratio. They obviously did not look at the special treatment to our local governments As has been mentioned here earlier quality of the products. They simply bonds. before, sir, the municipal bond market said they are not going to qualify. State and local governments remain re- in this country is a $3.7 trillion mar- What that means is that financial in- quired to satisfy their debts and live with their ket. There are thousands of these stitutions will no longer have incentive bond ratings. bonds held in the hands of investors nor space under liquidity requirements This bill is, however, a comprehensive solu- around the world. It is clearly right to hold municipal obligations such as tion that restores fairness and recognizes in- and appropriate for these bonds to be bonds. This is detrimental to the way vestment grade municipal bonds for exactly included in this list of assets such that of life in the West. what they are: safe, reliable investments that banks can reach their liquidity cov- I would like to congratulate again allow local governments to serve citizens and erage ratio. Mrs. MALONEY and Mr. MESSER for their families. In doing that, Mr. Speaker, and in bringing H.R. 2209 to us today to help Once again, I want to thank Congress- fixing this problem that Mr. MESSER be a partial cure to the problems that woman MALONEY for working with me on this and Congresswoman MALONEY have people from other countries have levied common sense legislation. found, in passing H.R. 2209, State and on us. It seems common sense; it seems I urge all of my colleagues to support this local governments across the country useful; it seems good for the taxpayer bipartisan bill. will continue to be able to have the and good for the country. Let’s pass Mr. CARNEY. Mr. Speaker, I have no funds they need to repair their own H.R. 2209. further requests for time. I would just bridges and roads, not just those in Mr. GARRETT. Mr. Speaker, I yield close by thanking the gentleman from Maine. This will keep interest pay- myself such time as I may consume. Indiana (Mr. MESSER) and the gentle- ments down for our State and local Again, I want to thank Members on woman from New York (Mrs. CAROLYN governments, saving taxpayers mil- both sides of the aisle. I thank all the B. MALONEY) for their work on this lions of dollars. sponsors of not only this legislation, commonsense piece of legislation that One of the goals of government, of but all the legislation that we have had will help towns, municipalities, and course, is to show fairness and compas- on the floor for the last hour here. States across our country. sion for those that pay the bills, the I was just thinking as this was wrap- Mr. Speaker, I yield back the balance taxpayers across America. ping up about what we will see when of my time. I am rising in support of this bill, we leave here and look in the news- Mr. GARRETT. Mr. Speaker, I have H.R. 2209. I encourage all my col- paper tomorrow and see what sort of two additional speakers. leagues in the House, Republicans and media coverage Washington will get as I yield such time as he may consume Democrats, to please do the same. to what we did on our first day back. to the gentleman from Maine (Mr. Again, I congratulate the gentleman There is always a hue and cry saying POLIQUIN). from Indiana (Mr. MESSER) and the that Washington is broken, there is no Mr. POLIQUIN. Mr. Speaker, again, I gentlewoman from New York (Mrs. bipartisanship, and they are not pass- want to salute the gentleman from In- CAROLYN B. MALONEY) for their great ing any legislation to create jobs and diana (Mr. MESSER) and the gentle- work. trying to get the economy going again. woman from New York (Mrs. CAROLYN You hear about that in the media all B. MALONEY) for the great work that b 1615 the time. As a matter of fact, you actu- they have done on this bill. It is very Mr. GARRETT. Mr. Speaker, I yield ally hear it on the floor, with many important. such time as he may consume to the Members coming down here saying

VerDate Sep 11 2014 02:04 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.019 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H387 that this House has not passed a single Senate amendments: (E) American Samoa; (F) the Northern Mariana Islands; jobs creation bill in so many days, Strike out all after the enacting clause and (G) the United States Virgin Islands; and weeks, months, and years, or what insert: (H) to the extent provided in, and subject to have you. SECTION 1. SHORT TITLE AND TABLE OF CON- the requirements of, section 127 of the Adam Well, let it be known today that we TENTS. Walsh Child Protection and Safety Act of 2006 worked here in a bipartisan manner, (a) SHORT TITLE.—This Act may be cited as (42 U.S.C. 16927), a Federally recognized Indian first in subcommittee, the full com- the ‘‘International Megan’s Law to Prevent tribe. mittee, and now here in the House. We Child Exploitation and Other Sexual Crimes (7) MINOR.—The term ‘‘minor’’ means an indi- Through Advanced Notification of Traveling have four pieces of legislation. I know vidual who has not attained the age of 18 years. Sex Offenders’’. (8) NATIONAL SEX OFFENDER REGISTRY.—The that some of the legislation may have (b) TABLE OF CONTENTS.—The table of con- term ‘‘National Sex Offender Registry’’ means mind-numbing terminology and you tents for this Act is as follows: the National Sex Offender Registry established may scratch your head when you are Sec. 1. Short title and table of contents. by section 119 of the Adam Walsh Child Protec- talking about the liquidity coverage Sec. 2. Findings. tion and Safety Act of 2006 (42 U.S.C. 16919). ratios, the credited investors, LCRs, Sec. 3. Definitions. (9) SEX OFFENDER UNDER SORNA.—The term and all those sort of things. You might Sec. 4. Angel Watch Center. ‘‘sex offender under SORNA’’ has the meaning say: Well, what does that have to do Sec. 5. Notification by the United States Mar- given the term ‘‘sex offender’’ in section 111 of shals Service. the Adam Walsh Child Protection and Safety with the job creation? What does that Act of 2006 (42 U.S.C. 16911). have to do with infrastructure cre- Sec. 6. International travel. Sec. 7. Reciprocal notifications. (10) SEX OFFENSE AGAINST A MINOR.— (A) IN GENERAL.—The term ‘‘sex offense ation? What does that have to do with Sec. 8. Unique passport identifiers for covered against a minor’’ means a specified offense getting a new roof on my local school sex offenders. against a minor, as defined in section 111 of the or a bridge built in my town? What Sec. 9. Implementation plan. Adam Walsh Child Protection and Safety Act of does that have to do with helping my Sec. 10. Technical assistance. 2006 (42 U.S.C. 16911). Sec. 11. Authorization of appropriations. neighbor actually get a job when he (B) OTHER OFFENSES.—The term ‘‘sex offense Sec. 12. Rule of construction. has been out of work for a period of against a minor’’ includes a sex offense de- time? What does that have to do with SEC. 2. FINDINGS. scribed in section 111(5)(A) of the Adam Walsh somebody in my family who is in a job Congress finds the following: Child Protection and Safety Act of 2006 (42 right now, but no opportunity for ad- (1) Megan Nicole Kanka, who was 7 years old, U.S.C. 16911(5)(A)) that is a specified offense vancement and no pay raise for a long was abducted, sexually assaulted, and murdered against a minor, as defined in paragraph (7) of in 1994, in the State of New Jersey by a violent such section, or an attempt or conspiracy to period of time? These bills on the floor predator living across the street from her home. today have everything to do with all commit such an offense. Unbeknownst to Megan Kanka and her family, (C) FOREIGN CONVICTIONS; OFFENSES INVOLV- those issues. he had been convicted previously of a sex of- ING CONSENSUAL SEXUAL CONDUCT.—The limita- As we pass these job creation bills in fense against a child. tions contained in subparagraphs (B) and (C) of a bipartisan manner, let the word go (2) In 1996, Congress adopted Megan’s Law section 111(5) of the Adam Walsh Child Protec- out that we are doing exactly what the (Public Law 104–145) as a means to encourage tion and Safety Act of 2006 (42 U.S.C. 16911(5)) American public asked Congress to do: States to protect children by identifying the shall apply with respect to a sex offense against to work together, get it done, get the whereabouts of sex offenders and providing the a minor for purposes of this Act to the same ex- means to monitor their activities. infrastructure in this country growing tent and in the same manner as such limitations (3) In 2006, Congress passed the Adam Walsh apply with respect to a sex offense for purposes again, get the economy going again, Child Protection and Safety Act of 2006 (Public of the Adam Walsh Child Protection and Safety and create jobs again. Law 109–248) to protect children and the public Act of 2006. That is why it is important to say at large by establishing a comprehensive na- SEC. 4. ANGEL WATCH CENTER. thank you again to both sides of the tional system for the registration and notifica- (a) ESTABLISHMENT.—Not later than 90 days aisle, and I encourage a ‘‘yes’’ vote on tion to the public and law enforcement officers after the date of the enactment of this Act, the all four of these bills today. of convicted sex offenders. Secretary of Homeland Security shall establish Mr. Speaker, I yield back the balance (4) Law enforcement reports indicate that within the Child Exploitation Investigations of my time. known child-sex offenders are traveling inter- Unit of U.S. Immigrations and Customs Enforce- nationally. ment a Center, to be known as the ‘‘Angel The SPEAKER pro tempore. The (5) The commercial sexual exploitation of mi- question is on the motion offered by Watch Center’’, to carry out the activities speci- nors in child sex trafficking and pornography is fied in subsection (e). the gentleman from New Jersey (Mr. a global phenomenon. The International Labour (b) INCOMING NOTIFICATION.— GARRETT) that the House suspend the Organization has estimated that 1,8000,000 chil- (1) IN GENERAL.—The Center may receive in- rules and pass the bill, H.R. 2209. dren worldwide are victims of child sex traf- coming notifications concerning individuals The question was taken; and (two- ficking and pornography each year. seeking to enter the United States who have thirds being in the affirmative) the (6) Child sex tourism, where an individual committed offenses of a sexual nature. rules were suspended and the bill was travels to a foreign country and engages in sex- (2) NOTIFICATION.—Upon receiving an incom- ing notification under paragraph (1), the Center passed. ual activity with a child in that country, is a form of child exploitation and, where commer- shall— A motion to reconsider was laid on cial, child sex trafficking. (A) immediately share all information received the table. SEC. 3. DEFINITIONS. relating to the individual with the Department f In this Act: of Justice; and (B) share all relevant information relating to (1) CENTER.—The term ‘‘Center’’ means the INTERNATIONAL MEGAN’S LAW TO the individual with other Federal, State, and Angel Watch Center established pursuant to sec- PREVENT DEMAND FOR CHILD local agencies and entities, as appropriate. tion 4(a). SEX TRAFFICKING (3) COLLABORATION.—The Secretary of Home- (2) CONVICTED.—The term ‘‘convicted’’ has land Security shall collaborate with the Attor- Mr. SMITH of New Jersey. Mr. the meaning given the term in section 111 of the ney General to establish a process for the re- Speaker, I move to suspend the rules Adam Walsh Child Protection and Safety Act of ceipt, dissemination, and categorization of in- and concur in the Senate amendments 2006 (42 U.S.C. 16911). formation relating to individuals and specific of- to the bill (H.R. 515) to protect children (3) COVERED SEX OFFENDER.—Except as other- fenses provided herein. wise provided, the term ‘‘covered sex offender’’ from exploitation, especially sex traf- (c) LEADERSHIP.—The Center shall be headed means an individual who is a sex offender by by the Assistant Secretary of U.S. Immigration ficking in tourism, by providing ad- reason of having been convicted of a sex offense vance notice of intended travel by reg- and Customs Enforcement, in collaboration with against a minor. the Commissioner of U.S. Customs and Border istered child-sex offenders outside the (4) DESTINATION COUNTRY.—The term ‘‘des- Protection and in consultation with the Attor- United States to the government of the tination country’’ means a destination or transit ney General and the Secretary of State. country of destination, requesting for- country. (d) MEMBERS.—The Center shall consist of the eign governments to notify the United (5) INTERPOL.—The term ‘‘INTERPOL’’ means following: States when a known child-sex offender the International Criminal Police Organization. (1) The Assistant Secretary of U.S. Immigra- (6) JURISDICTION.—The term ‘‘jurisdiction’’ is seeking to enter the United States, tion and Customs Enforcement. means— (2) The Commissioner of U.S. Customs and and for other purposes. (A) a State; Border Protection. The Clerk read the title of the bill. (B) the District of Columbia; (3) Individuals who are designated as analysts The text of the Senate amendments (C) the Commonwealth of Puerto Rico; in U.S. Immigration and Customs Enforcement is as follows: (D) Guam; or U.S. Customs and Border Protection.

VerDate Sep 11 2014 02:33 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 6333 E:\CR\FM\K01FE7.021 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H388 CONGRESSIONAL RECORD — HOUSE February 1, 2016 (4) Individuals who are designated as program from the international community in accordance ter information on travel by sex offenders in a managers in U.S. Immigration and Customs En- with subsection (b)(1). timely manner. forcement or U.S. Customs and Border Protec- (5) PASSPORT APPLICATION REVIEW.— (f) DEFINITION.—In this section, the term ‘‘sex tion. (A) IN GENERAL.—The Center shall provide a offender’’ means— (e) ACTIVITIES.— written determination to the Department of (1) a covered sex offender; or (1) IN GENERAL.—In carrying out this section, State regarding the status of an individual as a (2) an individual required to register under the Center shall, using all relevant databases, covered sex offender (as defined in section 240 of the sex offender registration program of any ju- systems and sources of information, not later Public Law 110–457) when appropriate. risdiction or included in the National Sex Of- than 48 hours before scheduled departure, or as (B) EFFECTIVE DATE.—Subparagraph (A) shall fender Registry, on the basis of an offense soon as practicable before scheduled departure— take effect upon certification by the Secretary of against a minor. (A) determine if individuals traveling abroad State, the Secretary of Homeland Security, and SEC. 5. NOTIFICATION BY THE UNITED STATES are listed on the National Sex Offender Reg- the Attorney General that the process developed MARSHALS SERVICE. istry; and reported to the appropriate congressional (a) IN GENERAL.—The United States Marshals (B) review the United States Marshals Serv- committees under section 9 has been successfully Service’s National Sex Offender Targeting Cen- ice’s National Sex Offender Targeting Center implemented. ter may— case management system or other system that (6) COLLECTION OF DATA.—The Center shall (1) transmit notification of international trav- provides access to a list of individuals who have collect all relevant data, including— el of a sex offender to the destination country of provided advanced notice of international travel (A) a record of each notification sent under the sex offender, including to the visa-issuing to identify any individual who meets the criteria paragraph (3); agent or agents in the United States of the described in subparagraph (A) and is not in a (B) the response of the destination country to country; system reviewed pursuant to this subparagraph; notifications under paragraph (3), where avail- (2) share information relating to traveling sex and able; offenders with other Federal, State, local, and (C) provide a list of individuals identified (C) any decision not to transmit a notification foreign agencies and entities, as appropriate; under subparagraph (B) to the United States abroad, to the extent practicable; (3) receive incoming notifications concerning Marshals Service’s National Sex Offender Tar- (D) the number of transmissions made under individuals seeking to enter the United States geting Center to determine compliance with title subparagraphs (A),(B), and (C) of paragraph (3) who have committed offenses of a sexual nature I of the Adam Walsh Child Protection and Safe- and the countries to which they are transmitted, and shall share the information received imme- ty Act of 2006 (42 U.S.C. 16901 et seq.). respectively; diately with the Department of Homeland Secu- (2) PROVISION OF INFORMATION TO CENTER.— (E) whether the information was transmitted rity; and Twenty-four hours before the intended travel, or to the destination country before scheduled com- (4) perform such other functions at the Attor- thereafter, not later than 72 hours after the in- mencement of sex offender travel; and ney General or the Director of the United States tended travel, the United States Marshals Serv- (F) any other information deemed necessary Marshals Service may direct. (b) CONSISTENT NOTIFICATION.—In making no- ice’s National Sex Offender Targeting Center and appropriate by the Secretary of Homeland tifications under subsection (a)(1), the United shall provide, to the Angel Watch Center, infor- Security. States Marshals Service’s National Sex Offender mation pertaining to any sex offender described (7) COMPLAINT REVIEW.— Targeting Center shall, to the extent feasible in subparagraph (C) of paragraph (1). (A) IN GENERAL.—The Center shall— and appropriate, ensure that the destination (3) ADVANCE NOTICE TO DESTINATION COUN- (i) establish a mechanism to receive com- country is consistently notified in advance TRY.— plaints from individuals affected by erroneous about sex offenders under SORNA identified (A) IN GENERAL.—The Center may transmit notifications under this section; relevant information to the destination country (ii) ensure that any complaint is promptly re- through their inclusion in sex offender registries about a sex offender if— viewed; and of jurisdictions or the National Sex Offender (i) the individual is identified by a review con- (iii) in the case of a complaint that involves a Registry. (c) INFORMATION REQUIRED.—For purposes of ducted under paragraph (1)(B) as having pro- notification sent by another Federal Govern- carrying out this Act, the United States Mar- vided advanced notice of international travel; or ment entity, notify the individual of the contact (ii) after completing the activities described in information for the appropriate entity and for- shals Service’s National Sex Offender Targeting paragraph (1), the Center receives information ward the complaint to the appropriate entity for Center shall— (1) make the case management system or other pertaining to a sex offender under paragraph prompt review and response pursuant to this system that provides access to a list of individ- (2). section. uals who have provided advanced notice of (B) EXCEPTIONS.—The Center may imme- (B) RESPONSE TO COMPLAINTS.—The Center international travel available to the Angel diately transmit relevant information on a sex shall, as applicable— Watch Center; offender to the destination country if— (i) provide the individual with notification in (2) provide the Angel Watch Center a deter- (i) the Center becomes aware that a sex of- writing that the individual was erroneously sub- mination of compliance with title I of the Adam fender is traveling outside of the United States jected to international notification; Walsh Child Protection and Safety Act of 2006 within 24 hours of intended travel, and simulta- (ii) take action to ensure that a notification or (42 U.S.C. 16901 et seq.) for the list of individ- neously completes the activities described in information regarding the individual is not erro- neously transmitted to a destination country in uals transmitted under section 4(e)(1)(C); paragraph (1); or (3) make available to the Angel Watch Center (ii) the Center has not received a transmission the future; and information on travel by sex offenders in a time- pursuant to paragraph (2), provided it is not (iii) submit an additional written notification ly manner; and to the individual explaining why a notification more than 24 hours before the intended travel. (4) consult with the Department of State re- or information regarding the individual was er- (C) CORRECTIONS.—Upon receiving informa- garding operation of the international notifica- roneously transmitted to the destination country tion that a notification sent by the Center re- tion program authorized under this Act. garding an individual was inaccurate, the Cen- and describing the actions that the Center has (d) CORRECTIONS.—Upon receiving informa- ter shall immediately— taken or is taking under clause (ii). tion that a notification sent by the United (i) send a notification of correction to the des- (C) PUBLIC AWARENESS.—The Center shall States Marshals Service’s National Sex Offender tination country notified; make publicly available information on how an Targeting Center regarding an individual was (ii) correct all data collected pursuant to individual may submit a complaint under this inaccurate, the United States Marshals Service’s paragraph (6); and section. National Sex Offender Targeting Center shall (iii) if applicable, notify the Secretary of State (D) REPORTING REQUIREMENT.—The Secretary immediately— for purposes of the passport review and marking of Homeland Security shall submit an annual (1) send a notification of correction to the des- processes described in section 240 of Public Law report to the appropriate congressional commit- tination country notified; 110–457. tees (as defined in section 9) that includes— (2) correct all data collected in accordance (D) FORM.—The notification under this para- (i) the number of instances in which a notifi- with subsection (f); and graph may be transmitted through such means cation or information was erroneously trans- (3) if applicable, send a notification of correc- as are determined appropriate by the Center, in- mitted to the destination country of an indi- tion to the Angel Watch Center. cluding through U.S. Immigration and Customs vidual under paragraph (3); and (e) FORM.—The notification under this section Enforcement attaches. (ii) the actions taken to prevent similar errors may be transmitted through such means as are (4) MEMORANDUM OF AGREEMENT.—Not later from occurring in the future. determined appropriate by the United States than 6 months after the date of enactment of (8) ANNUAL REVIEW PROCESS.—The Center Marshals Service’s National Sex Offender Tar- this Act, the Secretary of Homeland Security shall establish, in coordination with the Attor- geting Center, including through the shall enter into a Memorandum of Agreement ney General, the Secretary of State, and INTERPOL notification system and through with the Attorney General to facilitate the ac- INTERPOL, an annual review process to ensure Federal Bureau of Investigation Legal attaches. tivities of the Angel Watch Center in collabora- that there is appropriate coordination and col- (f) COLLECTION OF DATA.—The Attorney Gen- tion with the United States Marshals Service’s laboration, including consistent procedures gov- eral shall collect all relevant data, including— National Sex Offender Targeting Center, includ- erning the activities authorized under this Act, (1) a record of each notification sent under ing the exchange of information, the sharing of in carrying out this Act. subsection (a); personnel, access to information and databases (9) INFORMATION REQUIRED.—The Center shall (2) the response of the destination country to in accordance with paragraph (1)(B), and the make available to the United States Marshals notifications under paragraphs (1) and (2) of establishment of a process to share notifications Service’s National Sex Offender Targeting Cen- subsection (a), where available;

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(3) any decision not to transmit a notification ‘‘(c) TIME AND MANNER.—A sex offender shall issue a passport to a covered sex offender unless abroad, to the extent practicable; provide and update information required under the passport contains a unique identifier, and (4) the number of transmissions made under subsection (a), including information relating to may revoke a passport previously issued without paragraphs (1) and (2) of subsection (a) and the intended travel outside the United States re- such an identifier of a covered sex offender. countries to which they are transmitted; quired under paragraph (7) of that subsection, ‘‘(2) AUTHORITY TO REISSUE.—Notwith- (5) whether the information was transmitted in conformity with any time and manner re- standing paragraph (1), the Secretary of State to the destination country before scheduled com- quirements prescribed by the Attorney Gen- may reissue a passport that does not include a mencement of sex offender travel; and eral.’’. unique identifier if an individual described in (6) any other information deemed necessary (b) CONFORMING AMENDMENTS TO SECTION subsection (a) reapplies for a passport and the and appropriate by the Attorney General. 2250 OF TITLE 18, UNITED STATES CODE.—Sec- Angel Watch Center provides a written deter- (g) COMPLAINT REVIEW.— tion 2250 of title 18, United States Code, is mination, through the process developed for (1) IN GENERAL.—The United States Marshals amended— that purpose under section 9 of the Inter- Service’s National Sex Offender Targeting Cen- (1) by redesignating subsections (b) and (c) as national Megan’s Law to Prevent Child Exploi- ter shall— subsections (c) and (d), respectively; tation and Other Sexual Crimes Through Ad- (A) establish a mechanism to receive com- (2) by inserting after subsection (a) the fol- vanced Notification of Traveling Sex Offenders, plaints from individuals affected by erroneous lowing: to the Secretary of State that the individual is notifications under this section; ‘‘(b) INTERNATIONAL TRAVEL REPORTING VIO- no longer required to register as a covered sex (B) ensure that any complaint is promptly re- LATIONS.—Whoever— offender. viewed; and ‘‘(1) is required to register under the Sex Of- ‘‘(c) DEFINED TERMS.—In this section— (C) in the case of a complaint that involves a fender Registration and Notification Act (42 ‘‘(1) the term ‘covered sex offender’ means an notification sent by another Federal Govern- U.S.C. 16901 et seq.); individual who— ment entity, notify the individual of the contact ‘‘(2) knowingly fails to provide information re- ‘‘(A) is a sex offender, as defined in section information for the appropriate entity and for- quired by the Sex Offender Registration and No- 4(f) of the International Megan’s Law to Pre- ward the complaint to the appropriate entity for tification Act relating to intended travel in for- vent Child Exploitation and Other Sexual prompt review and response pursuant to this eign commerce; and Crimes Through Advanced Notification of Trav- section. ‘‘(3) engages or attempts to engage in the in- eling Sex Offenders; and (2) RESPONSE TO COMPLAINTS.—The United tended travel in foreign commerce; ‘‘(B) is currently required to register under States Marshals Service’s National Sex Offender shall be fined under this title, imprisoned not the sex offender registration program of any ju- Targeting Center shall, as applicable— more than 10 years, or both.’’; and risdiction; (A) provide the individual with notification in (3) in subsections (c) and (d), as redesignated, ‘‘(2) the term ‘unique identifier’ means any writing that the individual was erroneously sub- by striking ‘‘subsection (a)’’ each place it ap- visual designation affixed to a conspicuous loca- jected to international notification; pears and inserting ‘‘subsection (a) or (b)’’. tion on the passport indicating that the indi- (B) take action to ensure that a notification (c) IMPLEMENTATION.—In carrying out this vidual is a covered sex offender; and or information regarding the individual is not Act, and the amendments made by this Act, the ‘‘(3) the term ‘passport’ means a passport book erroneously transmitted to a destination country Attorney General may use the resources and ca- or passport card. in the future; and pacities of any appropriate agencies of the De- ‘‘(d) PROHIBITION.—The Secretary of State, (C) submit an additional written notification partment of Justice, including the Office of Sex the Secretary of Homeland Security, and the At- to the individual explaining why a notification Offender Sentencing, Monitoring, Appre- torney General, and their agencies, officers, em- or information regarding the individual was er- hending, Registering, and Tracking, the United ployees, and agents, shall not be liable to any roneously transmitted to the destination country States Marshals Service, INTERPOL Wash- person for any action taken under this section. and describing the actions that the United ington-U.S. National Central Bureau, the Fed- ‘‘(e) DISCLOSURE.—In furtherance of this sec- States Marshals Service’s National Sex Offender eral Bureau of Investigation, the Criminal Divi- tion, the Secretary of State may require a pass- Targeting Center has taken or is taking under sion, and the United States Attorneys’ Offices. port applicant to disclose that they are a reg- subparagraph (B). SEC. 7. RECIPROCAL NOTIFICATIONS. istered sex offender. (3) PUBLIC AWARENESS.—The United States It is the sense of Congress that the Secretary ‘‘(f) EFFECTIVE DATE.—This section shall take Marshals Service’s National Sex Offender Tar- of State, in consultation with the Attorney Gen- effect upon certification by the Secretary of geting Center shall make publicly available in- eral and the Secretary of Homeland Security, State, the Secretary of Homeland Security, and formation on how an individual may submit a should seek reciprocal international agreements the Attorney General, that the process devel- complaint under this section. or arrangements to further the purposes of this oped and reported to the appropriate congres- (4) REPORTING REQUIREMENT.—The Attorney Act and the Sex Offender Registration and Noti- sional committees under section 9 of the Inter- General shall submit an annual report to the fication Act (42 U.S.C. 16901 et seq.). Such national Megan’s Law to Prevent Child Exploi- appropriate congressional committees (as de- agreements or arrangements may establish tation and Other Sexual Crimes Through Ad- fined in section 9) that includes— mechanisms and undertakings to receive and vanced Notification of Traveling Sex Offenders (A) the number of instances in which a notifi- transmit notices concerning international travel has been successfully implemented.’’. cation or information was erroneously trans- by sex offenders, through the Angel Watch Cen- SEC. 9. IMPLEMENTATION PLAN. mitted to the destination country of an indi- ter, the INTERPOL notification system, and (a) IN GENERAL.—Not later than 90 days after vidual under subsection (a); and such other means as may be appropriate, in- the date of enactment of this Act, the Secretary (B) the actions taken to prevent similar errors cluding notification by the United States to of Homeland Security, the Secretary of State, from occurring in the future. other countries relating to the travel of sex of- and the Attorney General shall develop a proc- (h) DEFINITION.—In this section, the term ‘‘sex fenders from the United States, reciprocal notifi- ess by which to implement section 4(e)(5) and offender’’ means— cation by other countries to the United States the provisions of section 240 of Public Law 110– (1) a sex offender under SORNA; or relating to the travel of sex offenders to the 457, as added by section 8 of this Act. (2) a person required to register under the sex United States, and mechanisms to correct and, (b) REPORTING REQUIREMENT.—Not later than offender registration program of any jurisdic- as applicable, remove from any other records, 90 days after the date of enactment of this Act, tion or included in the National Sex Offender any inaccurate information transmitted through the Secretary of Homeland Security, the Sec- Registry. such notifications. retary of State, and the Attorney General shall SEC. 6. INTERNATIONAL TRAVEL. SEC. 8. UNIQUE PASSPORT IDENTIFIERS FOR jointly submit a report to, and shall consult (a) REQUIREMENT THAT SEX OFFENDERS PRO- COVERED SEX OFFENDERS. with, the appropriate congressional committees VIDE INTERNATIONAL TRAVEL RELATED INFOR- (a) AMENDMENT TO PUBLIC LAW 110–457.— on the process developed under subsection (a), MATION TO SEX OFFENDER REGISTRIES.—Section Title II of Public Law 110–457 is amended by which shall include a description of the pro- 114 of the Adam Walsh Child Protection and adding at the end the following: posed process and a timeline and plan for imple- Safety Act of 2006 (42 U.S.C. 16914) is amended— ‘‘SEC. 240. UNIQUE PASSPORT IDENTIFIERS FOR mentation of that process, and shall identify the (1) in subsection (a)— COVERED SEX OFFENDERS. resources required to effectively implement that (A) by redesignating paragraph (7) as para- ‘‘(a) IN GENERAL.—Immediately after receiving process. graph (8); and; a written determination from the Angel Watch (c) ‘‘APPROPRIATE CONGRESSIONAL COMMIT- (B) by inserting after paragraph (6) the fol- Center that an individual is a covered sex of- TEES’’ DEFINED.—In this section, the term ‘‘ap- lowing: fender, through the process developed for that propriate congressional committees’’ means— ‘‘(7) Information relating to intended travel of purpose under section 9 of the International (1) the Committee on Foreign Relations of the the sex offender outside the United States, in- Megan’s Law to Prevent Child Exploitation and Senate; cluding any anticipated dates and places of de- Other Sexual Crimes Through Advanced Notifi- (2) the Committee on Foreign Affairs of the parture, arrival, or return, carrier and flight cation of Traveling Sex Offenders, the Secretary House of Representatives; numbers for air travel, destination country and of State shall take appropriate action under (3) the Committee on Homeland Security and address or other contact information therein, subsection (b). Governmental Affairs of the Senate; means and purpose of travel, and any other ‘‘(b) AUTHORITY TO USE UNIQUE PASSPORT (4) the Committee on Homeland Security of itinerary or other travel-related information re- IDENTIFIERS.— the House of Representatives; quired by the Attorney General.’’; and ‘‘(1) IN GENERAL.—Except as provided under (5) the Committee on the Judiciary of the Sen- (2) by adding at the end the following: paragraph (2), the Secretary of State shall not ate;

VerDate Sep 11 2014 03:48 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 6333 E:\CR\FM\A01FE7.013 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H390 CONGRESSIONAL RECORD — HOUSE February 1, 2016 (6) the Committee on the Judiciary of the hands of a sexual predator. Megan was fickers to pedophiles. The Inter- House of Representatives; just 7 years old when she was kid- national Labour Organization has esti- (7) the Committee on Appropriations of the napped, raped, and brutally murdered mated that 1.8 million children are vic- Senate; and in 1994. Her assailant lived across the (8) the Committee on Appropriations of the tims of commercial sexual exploitation House of Representatives. street. Unbeknownst to her family and around the world each year. SEC. 10. TECHNICAL ASSISTANCE. other residents in the neighborhood, he It is imperative that we take the les- The Secretary of State, in consultation with was a convicted repeat sex offender. sons learned on how to protect our the Attorney General and the Secretary of Due to the extraordinary work by children from known child sex preda- Homeland Security, may provide technical as- Megan’s courageous parents, Maureen tors within our borders and expand sistance to foreign authorities in order to enable and Richard Kanka, the New Jersey those protections globally to prevent such authorities to participate more effectively State Legislature passed and the Gov- convicted U.S. sex offenders from in the notification program system established ernor signed the original Megan’s Law harming children abroad. It is impera- under this Act. in 1994 and expanded it in 2001. It re- tive that we teach other countries how SEC. 11. AUTHORIZATION OF APPROPRIATIONS. quires registration and public notifica- to establish their own Megan’s Law There are authorized to be appropriated to tion of convicted sex offenders living in carry out this Act $6,000,000 for each of fiscal and push other countries to warn us in the community. the United States when their sex of- years 2017 and 2018. Today all 50 States and all U.S. terri- SEC. 12. RULE OF CONSTRUCTION. fenders are traveling here. tories have a Megan’s Law. Because of Specifically, H.R. 515 will authorize Nothing in this Act shall be construed to limit this law, parents, guardians, univer- international information sharing or law en- and empower the Angel Watch Center, forcement cooperation relating to any person sities, school officials, sports coaches, operating under the auspices of Immi- pursuant to any authority of the Department of law enforcement, and the public at gration and Customs Enforcement, to Justice, the Department of Homeland Security, large are now empowered with the crit- check flight manifests against sex of- or any other department or agency. ical information they need to mitigate fender registries and quickly warn des- Amend the title so as to read: ‘‘An Act to harm to children. tination countries when sex offenders protect children and others from sexual We know from law enforcement and are headed their way. abuse and exploitation, including sex traf- media documentation that Americans The Angel Watch Center is author- ficking and sex tourism, by providing ad- on the U.S. sex offender registries are ized to send actual information about vance notice of intended travel by registered caught sexually abusing children in sex offenders outside the United States to child sex offender travel to destination Asia, Central and South America, Eu- the government of the country of destina- countries in a timely fashion for those rope, and, frankly, everywhere. tion, requesting foreign governments to no- countries to assess the potential dam- tify the United States when a known sex of- A deeply disturbing 2010 report by the GAO found that at least 4,500 U.S. age and dangers to their kids and to re- fender is seeking to enter the United States, spond appropriately, whether it is to and for other purposes.’’. passports were issued to registered sex offenders in fiscal year 2008 alone. deny entry or visa, monitor travel, or The SPEAKER pro tempore. Pursu- limit travel. ant to the rule, the gentleman from Typically, Mr. Speaker, a passport is valid for 10 years, meaning some or To prevent offenders from thwarting New Jersey (Mr. SMITH) and the gen- International Megan’s Law notification tleman from Pennsylvania (Mr. many of the tens of thousands of reg- istered sex offenders possessing pass- procedures by country hopping to an BRENDAN F. BOYLE) each will control 20 alternative destination not previously minutes. ports may be on the prowl internation- ally looking to exploit and abuse. disclosed, H.R. 515 includes provisions The Chair recognizes the gentleman for the State Department to develop a from New Jersey. Ernie Allen, who served for 30 years as the president and CEO of the Center passport identifier or, as we put it in GENERAL LEAVE for Missing and Exploited Children and the bill, ‘‘any visual designation af- Mr. SMITH of New Jersey. Mr. the International Centre for Missing fixed to a conspicuous location on the Speaker, I ask unanimous consent that and Exploited Children, recently said: passport indicating that the individual all Members may have 5 legislative ‘‘It is clear that there is a substantial is a covered sex offender.’’ A passport, days to revise and extend their re- category of offenders who do not offend Mr. Speaker, so identified provides law marks and to include extraneous mate- as a lapse of judgment; they do it as a enforcement and Customs an addi- rials on this measure. lifestyle. And these are the offenders tional tool to protect children. The SPEAKER pro tempore. Is there who are most likely to travel to seek The passport identifier is only for objection to the request of the gen- victims in places where the offender is those who have been found guilty of a tleman from New Jersey? most likely to be anonymous and most sex crime involving a child and have There was no objection. likely to avoid identification and ap- been deemed dangerous enough to be Mr. SMITH of New Jersey. I yield prehension.’’ listed on a public sex offender registry. myself such time as I may consume. Studies suggest and demonstrate When this information is no longer Mr. Speaker, child predators thrive that even when caught, prosecuted, and public knowledge in the United on secrecy, a secrecy that allows them jailed, for a number of predators, the States—in other words, they are off the to commit heinous crimes against the propensity to recommit these crimes at registry—the passport identifier, in weakest and most vulnerable. a later date remains. For example, a like manner, will no longer be required. Today the House has under consider- 2008 study by Oliver, Wong, and It is worth noting that some States ation H.R. 515, the International Nicholaichuk showed that untreated already require sex offenders to have Megan’s Law to Prevent Child Exploi- sex offenders were reconvicted for sex- their status listed on their driver’s li- tation and Other Sexual Crimes ual crimes at a rate of 17.7 percent censes—Alabama, Florida, Delaware, Through Advanced Notification of after 3 years, 24.5 percent after 5 years, and Louisiana, to name a few. Iron- Traveling Sex Offenders, a law that and 32 percent after 10 years. Keep in ically, it has been reported that some will significantly thwart child sexual mind, Mr. Speaker, that these are just registered sex offenders have used their exploitation in the United States and the rates for those who were caught passports as an ID in order to keep abroad through a comprehensive and again and then convicted. their status secret. efficient system that warns law en- Pedophiles and other sexual preda- forcement of traveling sex offenders. tors often harm more than one victim. b 1630 Mr. Speaker, I first introduced Inter- There are different studies that showed Mr. Speaker, in order to protect po- national Megan’s Law back in 2008. It large numbers of child victims and tential victims, H.R. 515 also aims to has passed the House three times—2010, large numbers of acts committed establish a durable system of reci- 2014, 2015—and, thankfully, passed the against those children. For every vic- procity among the nations of the United States Senate in December. tim who reports, there are likely many world. International Megan’s Law di- International Megan’s Law honors others who could not, would not, and rects the Secretary of State to seek the memory of Megan Kanka, a pre- cannot come forward. agreements with other countries so cious little girl from my hometown of Mr. Speaker, some of those exploited that the U.S. is notified in advance of Hamilton who suffered and died at the children are prostituted by human traf- incoming sex offenders.

VerDate Sep 11 2014 03:48 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.013 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H391 I would like to offer my profound ap- this year in navigating the Justice for crime that destabilizes communities, preciation, Mr. Speaker, to Majority Victims of Trafficking Act through the fuels corruption, and undermines the Leader KEVIN MCCARTHY for his deep Senate, but persisted until Inter- rule of law. and abiding commitment to combating national Megan’s Law was complete International Megan’s Law aims to human trafficking in all of its ugly over on the Senate side. prevent child sex offenders and traf- manifestations, for scheduling the Last, but not least, I would like to fickers from exploiting vulnerable chil- House vote 12 months ago on Inter- thank my chief of staff, Mary Noonan, dren when they cross an international national Megan’s Law and another who has been tenacious in guiding this border. dozen or so anti-human trafficking bill past obstacle after obstacle, and This bill would establish an Angel measures sponsored by Members from Allison Hollabaugh, who worked ener- Watch Center within ICE—Immigra- both sides of the aisle. getically, effectively, and expertly tion and Customs Enforcement—and That was historic and had never been with the agencies and other interested provide advance notice to foreign gov- done like that before. So I thank him parties to achieve the final bill. ernments when a convicted child sex for that leadership and for working I also would like to thank my former offender travels to their country. closely with the Senate in order to help top Foreign Affairs Committee staff This bill will hopefully prevent some bring this bill to fruition. member, Sheri Rickert, who spent of these horrific crimes from taking His policy adviser, Emily Murry, was countless hours over several years ne- place. remarkable, as was and is Kelly Dixon. gotiating with disparate parties trying But, Mr. Speaker, fighting modern I would like to thank our distin- to achieve passage of the bill. Those ef- slavery requires a much more com- guished chairman of the Foreign Af- forts, Sheri, were not in vain. prehensive response. Beyond preven- fairs Committee, ED ROYCE, and Rank- I would like to thank the National tion, governments must do all they can ing Member ELIOT ENGEL for their Center for Missing and Exploited Chil- to protect victims: robust identifica- strong support for this bill and for the dren for their strong endorsement of tion efforts; policies and procedures assistance of Jessica Kelch, Doug An- the bill, the International Centre for that get victims out of harm’s way; derson, and Janice Kaguyutan. Missing and Exploited Children, comprehensive support services that Janice will remember. She traveled ECPAT-USA, and the Family Research include physical and mental health with one of my staffers years ago in- Council, for their input, counsel, and care; education opportunities; legal as- vestigating this terrible issue, which is strong support. sistance; reintegration with family and a global scourge. I again first introduced this bill in community; and, of course, aggressive 2008, alongside Megan Kanka’s parents, Senator BOB CORKER, chairman of the investigations and prosecutions to go Foreign Relations Committee on the Maureen and Richard Kanka. Maureen after those responsible for such heinous Senate side, truly made this bill a pri- and Richard, Mr. Speaker, are heroic crimes. ority and carried it over the finish line people. They have fought for decades to The reality is, the sad reality, is that in the Senate. Thank you, Senator. spare children and their families from no single government or single law will Thank you, Mr. Chairman, for that. horrific crimes that can and must be put an end to human trafficking. But His professional staff, Caleb McCarry prevented. every step we take strengthens our While they still carry deep emotional and Counsel Sarah Ramig, showed re- ability to prevent these crimes, protect and psychological scars, Maureen and markable dedication and persistence victims, and punish those responsible. Richard’s selflessness, love of others, Mr. Speaker, I urge my colleagues to through multiple interagency negotia- and vision have protected countless support the Senate amendment to H.R. tions. His chief of staff, Todd Womack, and children from harm. 515. Enactment of International Megan’s I reserve the balance of my time. legislative director, Rob Strayer, skill- Law will expand meaningful child pro- Mr. SMITH of New Jersey. Mr. fully guided the bill through the proc- tection at home and around the world, Speaker, I yield 2 minutes to the gen- ess on the Senate side, and I can’t and I urge my colleagues to support it. tleman from North Carolina, (Mr. thank them enough. I reserve the balance of my time. PITTENGER), a member of the Financial I also want to thank my good friend Mr. BRENDAN F. BOYLE of Pennsyl- Services Committee who has been very BEN CARDIN—Ben and I serve and have vania. Mr. Speaker, I yield myself as active in the fight against human traf- served for decades on the Helsinki much time as I may consume. ficking. Commission—for his support and for Mr. Speaker, I rise in support of this Mr. PITTENGER. Chairman SMITH, his efforts. measure. thank you so much for your leadership I am grateful to Senator RICHARD Let me first thank the gentleman on behalf of these individuals. SHELBY and Senator BARBARA MIKUL- from New Jersey (Mr. SMITH) for his Thank you, Chairman ROYCE, for SKI for their assistance and driving bet- leadership on human rights and anti- your strong leadership as well. ter Angel Watch Center collaboration trafficking issues and for his hard work Mr. Speaker, right now more than 20 with the U.S. Marshals Service’s Sex on International Megan’s Law. million people worldwide are caught up Offender Targeting Center. I also want to thank the Judiciary in modern-day slavery. We call it USMS will be required to vet names Committee for its bipartisan input on human trafficking. sent out by the Angel Watch Center this bill. This legislation is the product This isn’t just a problem over there. and share previously vetted names of a lot of hard work and reflects a In the city I represent—Charlotte— with the Center in order to maximize commitment to advancing practical Maria was trapped when she answered expertise, avoid duplication of efforts, and effective ways to help those vic- an ad for an aspiring actress. Rosa was and ensure accuracy of international timized by sexual predators. snatched from a local gas station while notifications. This is hard to believe, but around waiting for a ride. I would note that Senator SHELBY the world today there are tens of mil- My good friend, Antonia Childs, also championed the passport provi- lions of victims of human trafficking, dreamed of owning a bakery before sions that will ensure sex offenders which is what we call modern-day slav- falling victim to human trafficking. with crimes against children cannot ery. Many of these victims are children Thankfully, Antonia was rescued and end-run the system. exploited in prostitution. now leads a vital Charlotte organiza- I would like to thank his professional In many countries, extreme poverty tion rescuing women, including Maria staffer, Shannon Hines, who was ex- and gaps in law enforcement create and Rosa. traordinarily smart and creative dur- zones of impunity where sex offenders As a Nation, we must take responsi- ing this process. exploit vulnerable children. Sometimes bility for our part in this horrific, Thanks to professional staffer Jen local officials have no idea this is going multi-billion-dollar illicit industry. As Deci as well as Senator MIKULSKI’s on. Sometimes they turn a blind eye, Members of Congress, we must take an staffer, Jennifer Eskra, for their tire- and sometimes officials are even active role in ending human trafficking less work as well. complicit in this crime. worldwide. Senator JOHN CORNYN, majority lead- We have a responsibility to protect That is why, on January 22, 2015, I be- er, did not rest on his success earlier all victims and to crack down on this came an original cosponsor in support

VerDate Sep 11 2014 02:33 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.024 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H392 CONGRESSIONAL RECORD — HOUSE February 1, 2016 of Chairman SMITH’s H.R. 515, the One of the most discouraging things I cannot fathom the anger and an- International Megan’s Law to Prevent that my chief of staff, Amy, found was guish felt by Megan’s parents and all Child Exploitation. that, in Cambodia, it was the local po- parents whose children fall prey to H.R. 515 ensures foreign countries are lice chief who himself was involved in such sick predators. I would do any- notified when an American sex offender the practice. thing to protect my children and all who has previously abused children is Now, upon her return to again check children from sexual predators, and I traveling to that country. It encour- on this, she found that they had put an feel blessed that I and my colleagues ages foreign countries to provide us end to that. He was no longer in this are in a position where we can make a with the same vital information when trade, in this type of business. It had difference. a sex offender is traveling to America. been cleaned up some with pressure We will be able to better identify and It attacks the sickening practice of from the United States, but it is still scrutinize sex offenders’ activity, en- child sex tourism by requiring the ongoing. So this will help us fight suring that they do not engage in the United States to notify other countries back. ghastly practice of sex tourism either when convicted pedophiles travel The SPEAKER pro tempore (Mr. COL- in our own neighborhood or any neigh- abroad. LINS of New York). The time of the gen- borhood around the world. It encourages President Obama to tleman has expired. The U.S. must take a leading role as use bilateral agreements and assist- Mr. SMITH of New Jersey. I yield the a global defender of children from sex- ance to establish reciprocal notifica- gentleman 1 minute. ual abuse. Often planning their trips tion so that we will know when con- Mr. ROYCE. At present, multiple around locations where the most vul- victed child offenders are coming here. U.S. Government agencies are working nerable children can be found, sex of- International Megan’s Law takes val- to combat human trafficking and child fenders should not be allowed to use uable lessons we have learned about sex tourism, but there has been a trou- the anonymity provided by foreign protecting our children here in the bling lack of coordination and informa- travel to help hide their hideous United States and expands those pro- tion sharing and notifications to for- crimes. tections globally so all communities eign countries that a potential sexual A 2010 Government Accountability can join together to take the necessary criminal is heading their way, and Office report showed that in a single steps to protect our children. those notifications are very incon- year, at least 4,500 registered sex of- Please join me in taking this impor- sistent. fenders received U.S. passports to trav- tant step to end modern slavery today. This bill clarifies the responsibility, el internationally. This is absolutely Mr. BRENDAN F. BOYLE of Pennsyl- puts it on the Justice Department and unacceptable, Mr. Speaker. vania. Mr. Speaker, I have no further the Department of Homeland Security. During my time as a United States speakers on our side. I reserve the bal- It better coordinates those efforts. ambassador, I was exposed firsthand to ance of my time. And, importantly, by proactively help- the horrors of sexual abuse and human Mr. SMITH of New Jersey. Mr. ing other countries to identify those trafficking on the international level. Speaker, I yield 2 minutes to the gen- incoming child predators, we will en- The SPEAKER pro tempore. The tleman from California (Mr. ROYCE), courage them to alert us when for- time of the gentlewoman has expired. the distinguished chairman of the eigners convicted of sex offenses Mr. BRENDAN F. BOYLE of Pennsyl- House Committee on Foreign Affairs. against children attempt to enter into vania. Mr. Speaker, I yield the gentle- Mr. ROYCE. Mr. Speaker, I rise the United States. woman from Missouri an additional 1 today in support of H.R. 515, the Inter- b 1645 minute. national Megan’s Law, focused on pre- So I commend Chairman SMITH for Mrs. WAGNER. Mr. Speaker, as venting demand for child sex traf- his work on this bipartisan legislation, elected Members of Congress, we must ficking. and I encourage all Members to support stand up for the powerless, and we I really want to acknowledge the its passage. It will be on the Presi- must provide a voice for the voiceless. hard work by the Member from New dent’s desk here after our action this Today we are doing just that. Jersey (Mr. SMITH), his perseverance evening. Passing the International Megan’s here as the bill’s author, as he has Mr. BRENDAN F. BOYLE of Pennsyl- Law, which will provide advance notice tried on several occasions to get this vania. Mr. Speaker, I yield 1 minute to of foreign travel by registered sex of- through the Senate and to the Presi- the gentlewoman from Missouri (Mrs. fenders, is critical. We owe it to the in- dent’s desk. With this action today, WAGNER). nocent angels like Megan to take these this bill, when it passes the floor, will Mrs. WAGNER. I thank the gentle- crimes out of the shadows and do ev- go to the President’s desk. men for yielding. erything we can to prevent future I think it is very important that we Mr. Speaker, I rise today in strong crime both in the United States and understand the magnitude of this prob- support of H.R. 515, the International across the globe. lem, as he has tried to convey to us Megan’s Law to Prevent Demand for Today I will vote to pass the Inter- here, and how this is going to strength- Child Sex Trafficking. national Megan’s Law, and I encourage en the hand of law enforcement. I would like to thank, like so many my colleagues to join me in providing We want law enforcement to consider have, Congressman CHRIS SMITH for in- protection for potential victims world- this a new tool. It will combat the ap- troducing this important legislation to wide and greater peace of mind for palling industry of child sex tourism, protect innocent children from the those who love them. in which adults travel overseas to ex- evils of sexual predators in the United Mr. BRENDAN F. BOYLE of Pennsyl- ploit children in other countries. States and worldwide. vania. Mr. Speaker, I reserve the bal- My chief of staff, Amy Porter, has As a mother who raised three beau- ance of my time. gone on several humanitarian missions tiful children, I can tell you that the Mr. SMITH of New Jersey. Mr. to work with very young children in constant concern for their safety and Speaker, I yield myself the balance of Cambodia and elsewhere in South Asia protection never goes away. When they my time. as well. As she shows you the photo- were young, I worried if they were safe Mr. Speaker, I just want to say this graphs of these little girls exploited at the playground down the street, if is a bipartisan bill. It will save chil- and traumatized by this predatory ac- they were safe at the shopping mall or dren’s lives. It will prevent other tivity, it is hard to fathom that men movie theater. crimes to victims like Megan Kanka from around the world, including Named after a young girl who was from happening not just in the United America, including our country, en- kidnapped, raped, and murdered at just States but around the world. gage in this predatory activity. 7 years old by her neighbor, Megan’s I think my good friend, ANN WAGNER, While the countries they travel to Law and public knowledge of predators said a moment ago that Megan is an lack the resources needed to deal with in our communities have been critical angel. Her parents are guardian angels. this rising number of child predators, tools in protecting our children and They have taken a pain, an agony, and this legislation is going to help us off- easing some of the many fears that a trauma that is incomprehensible and set that. parents feel every single day. have worked tirelessly to get Megan’s

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Mr. Speaker, I stand in procity regimen, whereby we notice, cerns. strong support of H.R. 515 because it seeks to they notice, everybody knows what is As a result, I am skeptical of what more we protect our children from predators by identi- going on to take the secrecy out of this stand to gain by the Senate amendment’s pro- fying the whereabouts of sex offenders and travel when a convicted pedophile hops vision authorizing the Secretary of State to providing means to monitor their activities. on a plane with the idea of exploiting use a ‘‘unique passport identifier for covered This legislation is important because sex children. sex offenders’’ that is defined as ‘‘any visual trafficking of children is a displaceable act that This will have a very measurable im- designation affixed to a conspicuous location we detest and has been an on-going concern pact and will protect children from this on the passport indicating the individual is a for the United States. kind of agony. covered sex offender.’’ At best, if this vague In addition to protecting our children from Mr. Speaker, I yield back the balance language is meant to describe some sort of national threats, we must also consider the of my time. code or symbol embedded in the passport that potential threat from international actors, espe- Mr. BRENDAN F. BOYLE of Pennsyl- is only discernible by law enforcement at the cially during times of increased tourism, like vania. Mr. Speaker, to conclude, I sec- border indicating that the traveler is a sex of- for example the Super Bowl, FIFA World Cup, ond the comments that were made by fender, it is redundant given the other informa- World Olympics and other major events Mr. SMITH. I congratulate the family of tion-sharing mandated by the bill’s other provi- around the world where tourism is high. Megan Kanka. Being a father myself of sions. However, if this is interpreted to mean This legislation by my friend Representative a 2-year-old daughter, I can’t imagine something akin to the words ‘‘sex offender’’ SMITH aims to protect our children from exploi- losing a little girl, especially in the stamped on the identification page of the tation, specifically sex trafficking in tourism, by heinous way that they did. passport, this raises serious problems and will providing advance notice of intended travel by I remember very much when all of lead to unintended consequences. registered child-sex offenders outside of the that happened. Hamilton, New Jersey, First, it is simply bad policy to single out one United States to the government of the des- is only about 40 minutes up the road category of offenses for this type of treatment. tination country. from where I live in Philadelphia, and We do not subject those who murder, who de- This legislation is important because it re- I remember the ugly incident very fraud the government or our fellow citizens of quests that foreign governments notify the well. The fact that here we are, so millions and billions, or who commit acts of United States when a known child-sex of- many years later, and the family still terrorism to these restrictions. fender is seeking to enter the United States. continues to fight for other little girls Second, by treating all sexual offenders as International child exploitation is increasingly and little boys is really remarkable one monolithic group ignores reality. While becoming a top priority for all nations and cer- and is a testament to them. some pose a continued and real risk of re- tainly is for our country. I also congratulate the gentleman offending and may be traveling to engage in For instance, two years ago, during the from New Jersey (Mr. SMITH), who I sex tourism or other illicit acts, not all pose the FIFA World Cup in Brazil, reports of child ex- know has worked tirelessly on this bill same risk. Indeed, the failure of this provision ploitation received global attention. for a long period of time. to allow for the individualized consideration of According to the Department of State, Brazil Mr. Speaker, I urge all my colleagues the facts and circumstances surrounding the is a destination country for children subjected to support this piece of legislation. traveler’s criminal history, including how much to sex trafficking. Mr. Speaker, I yield back the balance For the case of Brazil, child sex tourists typi- time has elapsed since his last offense, under- of my time. cally arrive from Europe and North America. Mr. SCOTT of Virginia. Mr. Speaker, I rise scores how this provision is overbroad. Details According to reports, the Rio de Janeiro civil in opposition to H.R. 515, International such as whether the traveler is a serial child police identified eight hotels and restaurants Megan’s Law. While I support the underlying rapist versus someone with a decades-old involved in a child sexual exploitation network goal of ensuring that American law enforce- conviction from when he was 19-years-old and in two city areas. ment agencies share information on potential his girlfriend was 14, just missing the Romeo Rio de Janeiro, Brazil, as you know, is child sex offenders with foreign law enforce- and Juliet exception by one year, are signifi- where the World Olympics will be hosted this ment agencies, I am opposed to how one par- cant and would allow law enforcement to more summer. ticular provision, added in the Senate amend- appropriately prioritize their finite resources. According to the Huffington Post, major Third, a traveler does not have any recourse ment before us today, would work in practice. sporting event usually lead to a spike in the Other existing provisions of the bill already with the foreign destination country if he or demand for sexual predatory activities. contain the following information-sharing re- she is refused entry solely on the basis of this Unfortunately, these accounts of sexual quirements with and among law enforcement ‘‘unique passport identifier.’’ While the bill has predatory activity include child sex trafficking. agencies here in the United States and some due process provisions, those apply Here at home, during the 2014 Super Bowl abroad: only domestically. There is no recourse if a week, the Federal Bureau of Investigation, U.S. sex offenders are required to provide traveler is erroneously denied entry from the along with 50 law enforcement agencies, re- international travel-related information to the destination country. covered 16 teenagers during an enforcement sex offender registries; Fourth, if the ‘‘unique passport identifier’’ is action on child sex trafficking. the Department of Homeland Security is re- implemented in a way that makes it obvious to Additionally, more than 45 pimps were ar- quired to create the Angel Watch Center to re- not only law enforcement officials but any rested, some of whom claimed to travel to the ceive information on individuals seeking to member of the general public viewing the Super Bowl location specifically for the pur- enter the U.S. who have committed offenses passport, this could lead to unintended con- pose of prostituting women and children at the of a sexual nature as well as registered sex sequences of persecution and harm to the sporting event. offenders seeking to travel outside the U.S. in traveler. This is especially troubling given that According to Judy Kluger, Director of Sanc- order to share all relevant information to fed- no factual context about the offense is pro- tuary for Families, and former judge for New eral, state, and local law enforcement officials; vided. York City Criminal Court of New York County, the U.S. Marshal’s Service is required to no- If our goal is to ensure that domestic and New York, ‘‘the Super Bowl could never not tify law enforcement agencies of sex offenders foreign law enforcement and customs officials be breeding grounds for sexual exploitation.’’ seeking to leave the United States who have are notified of potential threats, multiple exist- If a location experiences an exponential in- not transmitted their travel information to sex ing provisions of the bill already achieve that crease in large numbers of men travelling for offender registries; goal without raising these problematic imple- entertainment, it will proportionally see an in- the U.S. Marshal’s Service is required to no- mentation and fairness concerns. crease in those who purchase sex. tify the international destination country of a In summary, while I support the underlying As you all know, I am committed to ensuring sex offender’s upcoming travel; and goal of ensuring that American law enforce- the protection of children, always championing the Secretary of State should seek recip- ment agencies share information on potential the protection of children. rocal international agreements or arrange- child sex offenders with foreign law enforce- As co-chair of the Children’s Caucus, I com- ments to further these goals. ment agencies, I have grave concerns about mend the work of all my colleagues here in If our goal is to ensure that customs and how the redundant and problematic provision Congress, dedicated to protecting children border as well as law enforcement officials are regarding the ‘‘unique passport identifier’’, here in the U.S. and across the globe.

VerDate Sep 11 2014 02:33 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 E:\CR\FM\K01FE7.027 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H394 CONGRESSIONAL RECORD — HOUSE February 1, 2016 This is why I support this legislation and I need to strengthen their oversight of con- (3) A description of actions taken during commend Representative SMITH for cham- tractors’ use of foreign workers in high-risk the 180-day period preceding the date of sub- pioning legislative measures dedicated to the environments in order to better protect mission of the report and planned to be against trafficking in persons. taken during the one-year period following safety and protection of our children world- (5) The GAO report recommended that the date of submission of the report to better wide. those agencies should develop more precise ensure that officials responsible for grants, The SPEAKER pro tempore. The definitions of recruitment fees, and that contracts, and cooperative agreements and question is on the motion offered by they should better ensure that contracting contracting practices include the prevention the gentleman from New Jersey (Mr. officials include prevention of trafficking in of trafficking in persons in plans and proc- SMITH) that the House suspend the persons in contract monitoring plans and esses to monitor such grants, contracts, and rules and concur in the Senate amend- processes, especially in areas where the risk cooperative agreements and contracting ments to the bill, H.R. 515. of trafficking in persons is high. practices. (d) APPROPRIATE COMMITTEES OF CON- The question was taken; and (two- (6) Of the three agencies addressed in the GAO report, only the Department of Defense GRESS.—In this section, the term ‘‘appro- thirds being in the affirmative) the expressly concurred with GAO’s definitional priate committees of Congress’’ means the rules were suspended and the Senate recommendation and committed to defining Committee on Foreign Affairs of the House amendments were concurred in. recruitment fees and to incorporating that of Representatives and the Committee on A motion to reconsider was laid on definition in its acquisition regulations as Foreign Relations of the Senate. the table. necessary. SEC. 4. DEFINITION. (7) In formal comments to GAO, the De- f In this Act, the term ‘‘trafficking in per- partment of State stated that it forbids the sons’’ has the meaning given the term in sec- TRAFFICKING PREVENTION IN charging of any recruitment fees by contrac- tion 103(9) of the Trafficking Victims Protec- FOREIGN AFFAIRS CONTRACTING tors, and both the Department of State and tion Act of 2000 (22 U.S.C. 7102(9)). ACT USAID noted a proposed Federal Acquisition The SPEAKER pro tempore. Pursu- Regulation (FAR) rule that prohibits charg- Mr. ROYCE. Mr. Speaker, I move to ing any recruitment fees to employees. ant to the rule, the gentleman from suspend the rules and pass the bill (8) However, according to GAO, neither the California (Mr. ROYCE) and the gen- (H.R. 400) to require the Secretary of Department of State nor USAID specifically tleman from Pennsylvania (Mr. State and the Administrator of the defines what constitutes a prohibited re- BRENDAN F. BOYLE) each will control 20 United States Agency for International cruitment fee: ‘‘Contracting officers and minutes. Development to submit reports on defi- agency officials with monitoring responsibil- The Chair recognizes the gentleman nitions of placement and recruitment ities currently rely on policy and guidance from California. regarding recruitment fees that are ambig- GENERAL LEAVE fees for purposes of enabling compli- uous. Without an explicit definition of the ance with the Trafficking Victims Pro- components of recruitment fees, prohibited Mr. ROYCE. Mr. Speaker, I ask unan- tection Act of 2000, and for other pur- fees may be renamed and passed on to for- imous consent that all Members may poses, as amended. eign workers, increasing the risk of debt have 5 legislative days to revise and ex- The Clerk read the title of the bill. bondage and other conditions that con- tend their remarks and to include any The text of the bill is as follows: tribute to trafficking.’’. extraneous material on this bill. (9) GAO found that, although Department H.R. 400 The SPEAKER pro tempore. Is there of State and USAID guidance requires their Be it enacted by the Senate and House of Rep- objection to the request of the gen- respective contracting officials to monitor tleman from California? resentatives of the United States of America in compliance with trafficking in persons re- Congress assembled, quirements, they did not consistently have There was no objection. SECTION 1. SHORT TITLE. specific processes in place to do so in all of Mr. ROYCE. I yield myself such time This bill may be referred to as the ‘‘Traf- the contracts that GAO sampled. as I may consume. ficking Prevention in Foreign Affairs Con- SEC. 3. REPORTS ON DEFINITION OF PLACEMENT Mr. Speaker, my coauthor on this tracting Act’’. AND RECRUITMENT FEES AND EN- bill is the ranking member, ELIOT SEC. 2. FINDINGS. HANCEMENT OF CONTRACT MONI- ENGEL of New York, and I wanted to TORING TO PREVENT TRAFFICKING Congress finds the following: IN PERSONS. thank him as well and our 27 bipartisan (1) The Department of State and the (a) DEPARTMENT OF STATE REPORT.—Not cosponsors for their support. This is United States Agency for International De- later than 180 days after the date of the en- the Trafficking Prevention in Foreign velopment (USAID) rely on contractors to actment of this Act, the Secretary of State Affairs Contracting Act. provide various services in foreign countries shall submit to the appropriate committees As many of our colleagues are aware, such as construction, security, and facilities of Congress a report that includes the mat- maintenance. we just observed Human Trafficking ters described in subsection (c) with respect Awareness Month, shining a spotlight (2) In certain cases, such as where the em- to the Department of State. ployment of local labor is impractical or (b) USAID REPORT.—Not later than 180 on what is now tens of millions of vic- poses security risks, Department of State days after the date of the enactment of this tims every year of what is modern-day and USAID contractors sometimes employ Act, the Administrator of the United States slavery. One of the goals here was in- foreign workers who are citizens neither of Agency for International Development creasing the awareness of these crimes the United States nor of the host country (USAID) shall submit to the appropriate against human dignity. and are recruited from developing countries committees of Congress a report that in- The scourge of human trafficking where low wages and recruitment methods cludes the matters described in subsection now is a worldwide challenge. Although often make them vulnerable to a variety of (c) with respect to USAID. trafficking-related abuses. (c) MATTERS TO BE INCLUDED.—The mat- the vulnerability may be greatest in (3) A January 2011 report of the Office of ters described in this subsection are the fol- the developing world, these crimes also the Inspector General for the Department of lowing: occur here in our own communities. State, while it found no evidence of direct (1) A proposed definition of placement and I am very proud of the work being coercion by contractors, found that a signifi- recruitment fees for purposes of complying done in southern California by mem- cant majority of their foreign workers in with section 106(g)(iv)(IV) of the Trafficking bers of our Human Trafficking Con- certain Middle East countries reported pay- Victims Protection Act of 2000 (22 U.S.C. gressional Advisory Committee where ing substantial fees to recruiters that, ac- 7104(g)(iv)(IV)), including a description of advocates, law enforcement, service cording to the Inspector General, ‘‘effec- what fee components and amounts are pro- tively resulted in debt bondage at their des- hibited or are permissible for contractors or providers, faith-based groups, and traf- tinations’’. Approximately one-half of the their agents to charge workers under such ficking survivors themselves meet reg- workers were charged recruitment fees section. ularly to converse, coordinate, and equaling more than six months’ salary. More (2) An explanation of how the definition de- plan how to combat human trafficking. than a quarter of the workers reported fees scribed in paragraph (1) will be incorporated Out of that working group come a lot greater than one year’s salary and, in some into grants, contracts, cooperative agree- of good ideas. I want to acknowledge of those cases, fees that could not be paid off ments, and contracting practices, so as to Sara Catalan who helps me in leading in two years, the standard length of a con- apply to the actions of grantees, sub- that task force. tract. grantees, contractors, subcontractors, labor (4) A November 2014 report of the United recruiters, brokers, or other agents, as speci- This bill is intended to close a gap States Government Accountability Office fied in section 106(g) of the Trafficking Vic- that exists in protection. The United (GAO–15–102) found that the Department of tims Protection Act of 2000 (22 U.S.C. States cannot be too careful in ensur- State, USAID, and the Defense Department 7104(g)). ing that our overseas employment

VerDate Sep 11 2014 03:48 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.010 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H395 practices do not inadvertently support metals that are needed to power our State Department and USAID adopt a debt bondage, because that debt bond- smartphones are mined through forced legally binding definition of recruit- age is one of the tools of human traf- labor in Central Africa. Oranges and ment fees. In addition, the agencies fickers. tomatoes grown right here in the must improve how they monitor con- At some overseas posts, the State De- United States are picked by migrants tractors to detect and prevent human partment and USAID rely on contrac- who end up trapped and isolated. trafficking. tors to provide construction, security, Human trafficking is a crime that af- This legislation represents a com- maintenance, and other services, and fects every nation on Earth. It under- monsense step to resolve this problem these contractors sometimes employ mines stability, fuels criminal net- and to make sure we have a clean foreign workers recruited from far works, and robs tens of millions of peo- House as we lead global antitrafficking away, far-away developing countries ple of their basic freedom. It touches efforts. Mr. Speaker, I urge my col- where they are vulnerable to abuses. In all of our lives. leagues to support this important piece particular, the middlemen those con- United States Government has long of legislation. tractors rely on often charge recruit- been a leader in the fight against traf- I reserve the balance of my time. Mr. ROYCE. Mr. Speaker, I yield 2 ment fees to prospective employees—in ficking. Republican and Democratic minutes to the gentleman from New other words, payments for the right to administrations alike have focused Jersey (Mr. SMITH), the chairman of work. hard on the best way to prevent mod- the Foreign Affairs Subcommittee on Current law prohibits U.S. contrac- ern slavery, protect its victims, and Africa, Global Health, Global Human tors from charging foreign workers un- prosecute those responsible. The State Rights, and International Organiza- reasonable recruitment fees, and the Department’s Annual Trafficking in tions, and he is the author of the origi- State Department claims to prohibit Persons Report is the global gold nal Trafficking Victims Protection any recruitment fees at all. However, standard for assessing how well govern- Act. neither State nor USAID have defined ments are doing to combat this prob- Mr. SMITH of New Jersey. Mr. what constitutes a ‘‘recruitment fee,’’ lem. Speaker, I want to thank my good and this ambiguity allows for a loop- As we learn more and more about friend and colleague, the distinguished hole that has been exploited. Recruit- this crime, how it has worked its way chairman, ED ROYCE, for his persist- ers simply rename these fees and con- into the global supply chain and labor ence and creativity in finding new tinue charging them. market, we find new ways of disrupting ways to hold the administration ac- This is a serious problem. We had a trafficking networks. Part of American countable for preventing human traf- report by the State Department Inspec- leadership on this issue must be to ficking, especially in government con- tor General in 2011. He found that a make sure, first and foremost, that we tracting, as is required by the Traf- majority of the Department’s foreign are not making this problem worse. ficking Victims Protection Reauthor- contract workers in certain Middle Our foreign affairs agencies employ ization Act of 2005 and the National De- East countries were paying substantial thousands of foreign contract workers fense Authorization Act of 2013. fees to recruiters—and this is what overseas. These men and women work It seems to me, Mr. Speaker, that caught our attention—sometimes more in construction, food service, and secu- U.S. Government procurement should than a year’s salary resulting in, in the rity projects abroad. be the quintessential example of how words of our Inspector General—in his In 2011, inspectors interviewing some to buy goods and services from rep- words—‘‘effective debt bondage.’’ of these workers found that 77 percent utable vendors. The TVPA ensures that A worker from the Philippines per- of them had paid recruiting fees to the contracts are lost if there is complicity forming janitorial services for our Em- company arranging the work. What in trafficking and that responsible par- bassy in Saudi Arabia should not be at that means is before workers are able ties are prosecuted if they, in like man- risk of shakedowns from unscrupulous to get these jobs, they need to pay a re- ner, are complicit in human traf- or violent operators. cruiter a hefty sum. Sometimes these ficking. To ensure that our overseas con- fees are 6 months’ or even a year’s H.R. 400 targets a key piece of the tracting does not feed such problems, wages. These fees can include the high law for practical implementation and this bill requires State and USAID to costs of housing or transportation to a brings our government one step closer define what prohibited ‘‘recruitment worksite in a foreign country. So often, to ensuring that U.S. tax dollars are fees’’ are and to report to Congress on a worker arrives at a new job saddled not going to companies that look their plans to improve contract moni- with debt and is forced to work until askance at human trafficking by their toring, to protect against human traf- he or she can pay the so-called re- contractors and subcontractors. ficking. A prohibition is only forceful cruiter back. Again, this is a very important bill. I if people understand what is prohib- This sort of treatment is unaccept- want to thank the distinguished chair- ited. Clarifying these matters will give able under any circumstances. The fact man for his leadership on this. Mr. BRENDAN F. BOYLE of Pennsyl- our contractors the guidance they need that this is happening to individuals vania. Mr. Speaker, I yield myself such to ensure that our laws and policies are working for the United States Govern- time as I may consume. followed by those they use to recruit ment is absolutely intolerable. In closing, I would simply congratu- foreign workers. f late the gentleman who does a wonder- I again want to thank Mr. ENGEL and b 1700 ful job chairing our Foreign Affairs all of our cosponsors for their support Committee. As I said on a radio show We cannot be the world’s leader in of this strongly bipartisan bill which in Philadelphia last week, I really wish the fight against modern slavery if tax- deserves our unanimous support. those who say that there is no biparti- payer dollars are flowing into the Mr. Speaker, I reserve the balance of sanship in Washington, D.C., could see hands of traffickers. my time. the way the ranking member, Mr. Mr. BRENDAN F. BOYLE of Pennsyl- The Obama administration saw this ENGEL, and our chairman, Mr. ROYCE, problem and took steps to deal with it. vania. I yield myself such time as I conduct our foreign affairs business. I An executive order forbids any U.S. may consume. think they would have a different view. Mr. Speaker, I rise in strong support Government contractors from charging I am proud to support this piece of of this measure. unreasonable recruitment fees. But so legislation, and I urge all my col- Mr. Speaker, I want to thank Chair- far the State Department and USAID leagues to do so. man ROYCE and also Ranking Member have been unable to enforce this re- I yield back the balance of my time. ENGEL for their leadership and for their quirement. The reason why—neither Mr. ROYCE. Mr. Speaker, I yield my- hard work on this bill. agency has defined recruitment fees, so self such time as I may consume. It seems that every day we see an- their guidelines for fair treatment of I want to thank Mr. BRENDAN BOYLE other report about the way modern workers by contractors are unenforce- of Pennsylvania for his work on this. slavery touches our lives. Fish caught able. On the heels of Human Trafficking by an enslaved sailor in Southeast Asia Mr. Speaker, this is simply not ac- Awareness Month, I think it is impor- ends up in our grocery stores. Rare ceptable. This bill requires that the tant that we as an institution take this

VerDate Sep 11 2014 05:36 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.029 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H396 CONGRESSIONAL RECORD — HOUSE February 1, 2016 opportunity to ensure that our own plying with the Trafficking Victims Protection SEC. 2. PURPOSE. overseas contracting does not indi- Act of 2000. The purpose of this Act is to encourage the rectly support debt bondage, and that Both entities will also include a description efforts of countries in sub-Saharan Africa to is what this legislation ensures. Our of what fee components and amounts are pro- improve access to affordable and reliable practices need to reflect our Nation’s hibited or are permissible for contractors or electricity in Africa in order to unlock the potential for inclusive economic growth, job fundamental commitments to freedom their agents to charge workers. creation, food security, improved health, and human dignity, and, most impor- An explanation of how the definition pro- education, and environmental outcomes, and tantly as well, we need to set an exam- vided will be incorporated into grants, con- poverty reduction. ple for the rest of the world. I think by tracts, cooperative agreements, and con- SEC. 3. STATEMENT OF POLICY. passing this legislation we will do so. tracting practices will be required. It is the policy of the United States to I again want to thank my coauthor, Both the 180-day period preceding the date partner, consult, and coordinate with the Mr. ENGEL, and all of our bipartisan co- of submission and the one year following the governments of sub-Saharan African coun- sponsors for their support of this bill. date of submission require a report of the de- tries, international financial institutions, It really deserves our unanimous sup- scription of actions taken. and African regional economic communities, port. Indeed, acknowledging the actions executed cooperatives, and the private sector, in a I yield back the balance of my time. during the time periods provided ensure that concerted effort to— Ms. JACKSON LEE. Mr. Speaker, I rise in officials responsible for grants, contracts, and (1) promote first-time access to power and strong support of H.R. 400, the Trafficking power services for at least 50,000,000 people in cooperative agreements and contracting prac- sub-Saharan Africa by 2020 in both urban and Prevention In Foreign Affairs Contracting Act. tices include the prevention of trafficking in rural areas; I support this legislation because it enforces persons in plans and processes. (2) encourage the installation of at least the implementation of the Trafficking Victims These include agreements and contracting 20,000 additional megawatts of electrical Protection Act of 2000. practices that relate to areas of the world in power in sub-Saharan Africa by 2020 using a H.R. 400 requires the Secretary of State which the risk of trafficking in persons is high. broad mix of energy options to help reduce and the Administrator of the United States In a 2011 CNN report, we learned about a poverty, promote sustainable development, Agency for International Development (USAID) federal agency filing a large human trafficking and drive inclusive economic growth; to submit reports on definitions of placement lawsuit. (3) promote non-discriminatory reliable, and recruitment fees for purposes of enabling affordable, and sustainable power in urban The article discussed Thai workers who areas (including small urban areas) to pro- compliance with the Trafficking Victims Protec- made their way to the nonprofit agency. mote economic growth and job creation; tion Act of 2000. Some were approached by a labor con- (4) promote policies to facilitate public-pri- Indeed, the office of the Inspector General tractor who offered what is said to be a lucra- vate partnerships to provide non-discrimina- reported that a significant majority of the De- tive job on a farm in the United States, but the tory reliable, sustainable, and affordable partment of State’s foreign workers in certain would be workers unfortunately found them- electrical service to rural and underserved Middle Eastern countries paid substantial fees selves owing thousands of dollars in recruiting populations; to recruiters. fees instead. (5) encourage the necessary in-country re- According to the Inspector General, ‘‘ap- forms, including facilitating public-private I support this legislation because it facili- partnerships specifically to support elec- proximately one-half of the workers were tates, establishes and monitors a strong sys- tricity access projects to make such expan- charged recruitment fees equaling more than tem for submitting reports pertaining to explicit sion of power access possible; six months’ salary.’’ definitions of placement and recruitment fees, (6) promote reforms of power production, Moreover, ‘‘more than a quarter of the work- so foreign workers recruited from developing delivery, and pricing, as well as regulatory ers reported fees greater than one year’s sal- countries are not vulnerable to a variety of reforms and transparency, to support long- ary and . . . fees that could not be paid off in trafficking-related abuses. term, market-based power generation and two years.’’ The SPEAKER pro tempore. The distribution; (7) promote policies to displace kerosene The United States Government Account- question is on the motion offered by ability Office (GAO) found that USAID, the De- lighting with other technologies; the gentleman from California (Mr. (8) promote an all-of-the-above energy de- partment of State (DOS), and the Defense De- ROYCE) that the House suspend the velopment strategy for sub-Saharan Africa partment (DOD) should enhance and strength- rules and pass the bill, H.R. 400, as that includes the use of oil, natural gas, en their oversight of contractors in order to amended. coal, hydroelectric, wind, solar, and geo- better protect against trafficking in persons. The question was taken; and (two- thermal power, and other sources of energy; The agencies should develop more precise thirds being in the affirmative) the and definitions of recruitment fees, and have rules were suspended and the bill, as (9) promote and increase the use of private stronger implementation strategies towards amended, was passed. financing and seek ways to remove barriers contracting officials in areas where the risk of to private financing and assistance for A motion to reconsider was laid on projects, including through charitable orga- trafficking in persons is high. the table. nizations. Indeed, out of the three agencies previously f SEC. 4. DEVELOPMENT OF COMPREHENSIVE, addressed, only the DOD committed to defini- MULTIYEAR STRATEGY. tional recruitment fees and concurred with the ELECTRIFY AFRICA ACT OF 2015 (a) STRATEGY REQUIRED.— United States GAO’s definitional recommenda- Mr. ROYCE. Mr. Speaker, I move to (1) IN GENERAL.—The President shall estab- tion. suspend the rules and pass the bill (S. lish a comprehensive, integrated, multiyear A proposed Federal Acquisition Regulation 2152) to establish a comprehensive strategy to encourage the efforts of coun- (FAR) rule that prohibits charging any recruit- United States Government policy to tries in sub-Saharan Africa to implement na- ment fees to employees was noted by both encourage the efforts of countries in tional power strategies and develop an ap- the Department of State and USAID. sub-Saharan Africa to develop an ap- propriate mix of power solutions to provide However, both the Department of State and propriate mix of power solutions, in- access to sufficient reliable, affordable, and USAID lacked an explicit definition for what sustainable power in order to reduce poverty cluding renewable energy, for more and drive economic growth and job creation constitutes a prohibited recruitment fee. broadly distributed electricity access consistent with the policy stated in section Without an explicit definition of the compo- in order to support poverty reduction, 3. nents of recruitment fees, the risk of debt promote development outcomes, and (2) FLEXIBILITY AND RESPONSIVENESS.—The bondages increase, prohibited fees are more drive economic growth, and for other President shall ensure that the strategy re- likely to be renamed and passed, and other purposes. quired under paragraph (1) maintains suffi- conditions that contribute to trafficking are The Clerk read the title of the bill. cient flexibility for and remains responsive more likely to occur. The text of the bill is as follows: to concerns and interests of affected local I support this legislation because no later communities and technological innovation S. 2152 in the power sector. than 180 days after the date of the enactment Be it enacted by the Senate and House of Rep- (b) REPORT REQUIRED.—Not later than 180 of this Act, both the Secretary of State and the resentatives of the United States of America in days after the date of the enactment of this Administrator of USAID shall submit to the ap- Congress assembled, Act, the President shall transmit to the propriate committees of Congress a report that SECTION 1. SHORT TITLE. Committee on Foreign Relations of the Sen- includes a proposed definition of placement This Act may be cited as the ‘‘Electrify Af- ate and the Committee on Foreign Affairs of and recruitment fees for purposes of com- rica Act of 2015’’. the House of Representatives a report that

VerDate Sep 11 2014 04:39 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.030 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H397 contains the strategy required under sub- the planning, long-term maintenance, and agencies involved in implementing the strat- section (a) and includes a discussion of the management of investments designed to in- egy required under this section; following elements: crease access to power in sub-Saharan Afri- (B) ensure efficient and effective coordina- (1) The objectives of the strategy and the ca. tion between participating departments and criteria for determining the success of the (8) A description of the mechanisms to be agencies; and strategy. established for— (C) facilitate information sharing, and co- (2) A general description of efforts in sub- (A) selection of partner countries for fo- ordinate partnerships between the United Saharan Africa to— cused engagement on the power sector; States Government, the private sector, and (A) increase power production; (B) monitoring and evaluating increased other development partners to achieve the (B) strengthen electrical transmission and access to, and reliability and affordability goals of the strategy. distribution infrastructure; of, power in sub-Saharan Africa; SEC. 5. PRIORITIZATION OF EFFORTS AND AS- (C) provide for regulatory reform and (C) maximizing the financial sustainability SISTANCE FOR POWER PROJECTS IN transparent and accountable governance and of power generation, transmission, and dis- SUB-SAHARAN AFRICA BY KEY oversight; tribution in sub-Saharan Africa; UNITED STATES INSTITUTIONS. (D) improve the reliability of power; (D) establishing metrics to demonstrate (a) IN GENERAL.—In pursuing the policy (E) maintain the affordability of power; progress on meeting goals relating to access goals described in section 3, the Adminis- (F) maximize the financial sustainability to power, power generation, and distribution trator of the United States Agency for Inter- of the power sector; and in sub-Saharan Africa; and national Development, the Director of the (G) improve non-discriminatory access to (E) terminating unsuccessful programs. Trade and Development Agency, the Over- power that is done in consultation with af- (9) A description of how the President in- seas Private Investment Corporation, and fected communities. tends to promote trade in electrical equip- the Chief Executive Officer and Board of Di- (3) A description of plans to support efforts ment with countries in sub-Saharan Africa, rectors of the Millennium Challenge Cor- of countries in sub-Saharan Africa to in- including a description of how the govern- poration should, as appropriate, prioritize and expedite institutional efforts and assist- crease access to power in urban and rural ment of each country receiving assistance ance to facilitate the involvement of such in- areas, including a description of plans de- pursuant to the strategy— stitutions in power projects and markets, signed to address commercial, industrial, (A) plans to lower or eliminate import tar- both on- and off-grid, in sub-Saharan Africa and residential needs. iffs or other taxes for energy and other and partner with other investors and local (4) A description of plans to support efforts power production and distribution tech- institutions in sub-Saharan Africa, including to reduce waste and corruption, ensure local nologies destined for sub-Saharan Africa, in- private sector actors, to specifically increase community consultation, and improve exist- cluding equipment used to provide energy access to reliable, affordable, and sustain- ing power generation through the use of a access, including solar lanterns, solar home able power in sub-Saharan Africa, including broad power mix, including fossil fuel and re- systems, and micro and mini grids; and through— newable energy, distributed generation mod- (B) plans to protect the intellectual prop- els, energy efficiency, and other techno- (1) maximizing the number of people with erty of companies designing and manufac- logical innovations, as appropriate. new access to power and power services; turing products that can be used to provide (5) An analysis of existing mechanisms for (2) improving and expanding the genera- energy access in sub-Saharan Africa. ensuring, and recommendations to pro- tion, transmission and distribution of power; (10) A description of how the President in- mote— (3) providing reliable power to people and tends to encourage the growth of distributed (A) commercial cost recovery; businesses in urban and rural communities; renewable energy markets in sub-Saharan (B) commercialization of electric service (4) addressing the energy needs of Africa, including off-grid lighting and power, through distribution service providers, in- marginalized people living in areas where that includes— cluding cooperatives, to consumers; there is little or no access to a power grid (A) an analysis of the state of distributed (C) improvements in revenue cycle man- and developing plans to systematically in- renewable energy in sub-Saharan Africa; agement, power pricing, and fees assessed for crease coverage in rural areas; (B) a description of market barriers to the service contracts and connections; (5) reducing transmission and distribution deployment of distributed renewable energy (D) reductions in technical losses and com- losses and improving end-use efficiency and technologies both on- and off-grid in sub-Sa- mercial losses; and demand-side management; haran Africa; (E) non-discriminatory access to power, in- (6) reducing energy-related impediments to (C) an analysis of the efficacy of efforts by cluding recommendations on the creation of business productivity and investment; and the Overseas Private Investment Corpora- new service provider models that mobilize (7) building the capacity of countries in tion and the United States Agency for Inter- community participation in the provision of sub-Saharan Africa to monitor and appro- national Development to facilitate the fi- power services. priately and transparently regulate the nancing of the importation, distribution, (6) A description of the reforms being un- power sector and encourage private invest- sale, leasing, or marketing of distributed re- dertaken or planned by countries in sub-Sa- ment in power production and distribution. newable energy technologies; and haran Africa to ensure the long-term eco- (b) EFFECTIVENESS MEASUREMENT.—In nomic viability of power projects and to in- (D) a description of how bolstering distrib- prioritizing and expediting institutional ef- crease access to power, including— uted renewable energy can enhance the over- forts and assistance pursuant to this section, (A) reforms designed to allow third parties all effort to increase power access in sub-Sa- as appropriate, such institutions shall use to connect power generation to the grid; haran Africa. clear, accountable, and metric-based targets (B) policies to ensure there is a viable and (11) A description of plans to ensure that to measure the effectiveness of such guaran- independent utility regulator; small and medium enterprises based in sub- tees and assistance in achieving the goals de- (C) strategies to ensure utilities become or Saharan Africa can fairly compete for en- scribed in section 3. remain creditworthy; ergy development and energy access opportu- (c) PROMOTION OF USE OF PRIVATE FINANC- (D) regulations that permit the participa- nities associated with this Act. ING AND ASSISTANCE.—In carrying out poli- tion of independent power producers and pri- (12) A description of how United States in- cies under this section, such institutions vate-public partnerships; vestments to increase access to energy in shall promote the use of private financing (E) policies that encourage private sector sub-Saharan Africa may reduce the need for and assistance and seek ways to remove bar- and cooperative investment in power genera- foreign aid and development assistance in riers to private financing for projects and tion; the future. programs under this Act, including through (F) policies that ensure compensation for (13) A description of policies or regula- charitable organizations. power provided to the electrical grid by on- tions, both domestically and internationally, (d) RULE OF CONSTRUCTION.—Nothing in site producers; that create barriers to private financing of this section may be construed to authorize (G) policies to unbundle power services; the projects undertaken in this Act. modifying or limiting the portfolio of the in- (H) regulations to eliminate conflicts of in- (14) A description of the specific national stitutions covered by subsection (a) in other terest in the utility sector; security benefits to the United States that developing regions. (I) efforts to develop standardized power will be derived from increased energy access SEC. 6. LEVERAGING INTERNATIONAL SUPPORT. purchase agreements and other contracts to in sub-Saharan Africa. In implementing the strategy described in streamline project development; (c) INTERAGENCY WORKING GROUP.— section 4, the President should direct the (J) efforts to negotiate and monitor com- (1) IN GENERAL.—The President may, as ap- United States representatives to appropriate pliance with power purchase agreements and propriate, establish an Interagency Working international bodies to use the influence of other contracts entered into with the private Group to coordinate the activities of rel- the United States, consistent with the broad sector; and evant United States Government depart- development goals of the United States, to (K) policies that promote local community ments and agencies involved in carrying out advocate that each such body— consultation with respect to the develop- the strategy required under this section. (1) commit to significantly increase efforts ment of power generation and transmission (2) FUNCTIONS.—The Interagency Working to promote investment in well-designed projects. Group may, among other things— power sector and electrification projects in (7) A description of plans to ensure mean- (A) seek to coordinate the activities of the sub-Saharan Africa that increase energy ac- ingful local consultation, as appropriate, in United States Government departments and cess, in partnership with the private sector

VerDate Sep 11 2014 02:33 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.012 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H398 CONGRESSIONAL RECORD — HOUSE February 1, 2016 and consistent with the host countries’ ab- The SPEAKER pro tempore. Pursu- month, the People’s Republic of China sorptive capacity; ant to the rule, the gentleman from pledged $60 billion in financial support (2) address energy needs of individuals and California (Mr. ROYCE) and the gen- to the continent. If the United States communities where access to an electricity wants to tap into this potential con- grid is impractical or cost-prohibitive; tleman from Pennsylvania (Mr. (3) enhance coordination with the private BRENDAN F. BOYLE) each will control 20 sumer base, we need to be aggressively sector in sub-Saharan Africa to increase ac- minutes. building partnerships on the continent, cess to electricity; The Chair recognizes the gentleman which is what this bill does. (4) provide technical assistance to the reg- from California. This bill will also have a tangible im- ulatory authorities of sub-Saharan African GENERAL LEAVE pact on people’s lives. As former chair- governments to remove unnecessary barriers Mr. ROYCE. I ask unanimous consent man of the Africa, Global Health, Glob- to investment in otherwise commercially that all Members may have 5 legisla- al Human Rights, and International viable projects; and Organizations Subcommittee, I have (5) utilize clear, accountable, and metric- tive days to revise and extend their re- based targets to measure the effectiveness of marks and to include extraneous mate- seen firsthand how our considerable in- such projects. rial on this bill. vestments in improving access to SEC. 7. PROGRESS REPORT. The SPEAKER pro tempore. Is there health care and education in Africa are (a) IN GENERAL.—Not later than three objection to the request of the gen- undermined by a lack of reliable elec- years after the date of the enactment of this tleman from California? tricity. Act, the President shall transmit to the There was no objection. Mr. ENGEL and I visited a power pro- Committee on Foreign Affairs of the House Mr. ROYCE. Mr. Speaker, I yield my- vider in rural Tanzania, which would of Representatives and the Committee on self such time as I may consume. help meet the goals of this bill, in a Foreign Relations of the Senate a report on place where only 10 percent of the pop- progress made toward achieving the strategy Mr. Speaker, I want to start by described in section 4 that includes the fol- thanking this bill’s Senate cosponsors. ulation has access to electricity. In lowing: The Senate sponsors of the original areas like that throughout Africa, (1) A report on United States programs measure are BOB CORKER, chairman of schoolchildren are forced to study by supporting implementation of policy and leg- the Senate Foreign Affairs Committee, inefficient, dangerous kerosene lamps. islative changes leading to increased power and the ranking member, Mr. CARDIN, Cold storage of lifesaving vaccines is generation and access in sub-Saharan Africa, almost impossible without reliable including a description of the number, type, as well as two other Senators, MARCO RUBIO and CHRIS COONS. I thank them electricity. Too many families resort and status of policy, regulatory, and legisla- to using charcoal or other toxic fuel tive changes initiated or implemented as a for their good work to ensure this bill’s result of programs funded or supported by Senate passage. We had our House sources whose fumes cause more deaths the United States in countries in sub-Saha- version passed into the Senate. than HIV/AIDS and malaria combined ran Africa to support increased power gen- I also want to thank Ranking Mem- and also damage the eyesight of the eration and access after the date of the en- ber ELIOT ENGEL, as well as Chairman children trying to study. actment of this Act. In Tanzania, we now have American CHRIS SMITH, and Ranking Member (2) A description of power projects receiv- entrepreneurs bringing new technology ing United States Government support and KAREN BASS of the Africa, Global Health, Global Human Rights, and and management expertise to the how such projects, including off-grid efforts, remotest areas of Africa, and that is are intended to achieve the strategy de- International Organizations Sub- improving lives. Many of us on the scribed in section 4. committee for working so closely with (3) For each project described in paragraph me to develop the concept for this leg- committee have worked to transform our foreign assistance from programs (2)— islation over the last several years. (A) a description of how the project fits Last Congress, the House passed a that offer extensive Band-Aids to poli- into, or encourages modifications of, the na- cies that support economic growth and tional energy plan of the country in which similar version of the measure we con- sider today. With today’s action, this independence. The Electrify Africa Act the project will be carried out, including en- is part of this transition. bill will head to the President’s desk couraging regulatory reform in that county; This bill mandates a clear and com- for signature. (B) an estimate of the total cost of the prehensive U.S. policy providing the project to the consumer, the country in The Electrify Africa Act seeks to ad- private sector with the platform that it which the project will be carried out, and dress the massive electricity shortage other investors; needs to invest in African electricity. in Africa. It is a direct response to the I reserve the balance of my time. (C) the amount of financing provided or fact that today 600 million people liv- guaranteed by the United States Govern- Mr. BRENDAN F. BOYLE of Pennsyl- ment for the project; ing in sub-Saharan Africa—that is 70 vania. Mr. Speaker, I yield myself such (D) an estimate of United States Govern- percent of the population—do not have time as I may consume. ment resources for the project, itemized by access to reliable electricity. The Elec- I rise in support of this measure. funding source, including from the Overseas trify Africa Act offers a market-based Mr. Speaker, I want to thank Chair- Private Investment Corporation, the United response to this problem, and it will man ROYCE, Subcommittee Chairman States Agency for International Develop- bring about the development of afford- SMITH, and Ranking Member BASS. I ment, the Department of the Treasury, and able, reliable energy in Africa. also want to thank our Senate col- other appropriate United States Government Why do we want to help increase en- departments and agencies; leagues, especially Chairman CORKER (E) an estimate of the number and regional ergy access to the continent? Well, to and Ranking Member CARDIN, for ad- locations of individuals, communities, busi- create jobs and to improve lives in both vancing this effort. We are now in a nesses, schools, and health facilities that Africa and America. It is no secret that place to send this legislation to the have gained power connections as a result of Africa has great potential as a trading President’s desk. the project, with a description of how the re- partner and could help create jobs here Mr. Speaker, across sub-Saharan Af- liability, affordability, and sustainability of in the U.S. rica, more than 600 million individuals power has been improved as of the date of As the Foreign Affairs Committee in- live without access to reliable elec- the report; vestigated how to make better use of (F) an assessment of the increase in the tricity. That is double the U.S. popu- number of people and businesses with access the African Growth and Opportunity lation without electricity, nearly two- to power, and in the operating electrical Act, which was landmark legislation thirds of their population. power capacity in megawatts as a result of passed over a decade ago to expand For individuals, that deficit means the project between the date of the enact- trade with Africa, we learned that the never knowing what will happen with ment of this Act and the date of the report; lack of affordable, reliable energy the flip of a switch. It means a day’s (G) a description of efforts to gain mean- made the production of goods for trade work needs to come to an end at sun- ingful local consultation for projects associ- and export nearly impossible. Even set, that food can’t be refrigerated, and ated with this Act and any significant esti- where other conditions supported man- that technology that is so valuable for mated noneconomic effects of the efforts car- ried out pursuant to this Act; and ufacturing, the cost of running a plant connecting to the rest of the world (H) a description of the participation by on a diesel generator is prohibited. can’t be relied upon. small and medium enterprises based in sub- However, the U.S. is not alone in its For communities, lack of access to Saharan Africa on projects associated with interest in enhancing trade with Afri- power undermines the ability of hos- this Act. ca. We have competition. Just last pitals to deliver health care because

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.012 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H399 vaccines spoil and medical equipment As we have seen in the recent Ebola The effort to devise an inexpensive, sits useless. Businesses can’t expand epidemic and in the current Zika virus safe, and reliable source of power is and thrive. Schools are limited in what epidemic, it is vital that medicines and being addressed not only in the small, they can offer students. plasma be kept cold so that they don’t brilliant initiatives by young African For countries, these factors combine lose their potency. Of course, in the entrepreneurs, such as by those whom I to undermine stability and stymie preservation of blood and so many met when I had the honor of traveling progress. Without reliable power, coun- other items that are essential to life, with President Obama to the 2015 Glob- tries can’t become strong players in electricity facilitates their continu- al Entrepreneurship Summit in the global economy or strong partners ance and their potency. Nairobi, but also in the large, innova- on the global stage. The better these b 1715 tive public-private partnerships, such countries do, the better it is for their as Power Africa. neighbors, for their region, and for the It is unfortunate that the continent Electrify Africa can contribute to entire world. of Africa has so many people who have this effort in a major way by helping to As you can see, the United States has been denied the ability to enjoy the ad- address the glaring absence of elec- an interest in helping these countries vances of science. Currently, only 290 trical power for at least 50 million peo- grapple with this challenge and making million people out of about 914 million ple in sub-Saharan Africa by 2020, thus sure the lights stay on. That is why the Africans have access to electricity and improving the education, health care, Electrify Africa Act is such an impor- the total number lacking continues to and other basic needs of millions of Af- tant bill. rise. ricans. This legislation puts into law Presi- Bioenergy, mainly fuel, wood, and The lack of access to power adversely dent Obama’s 2013 Power Africa initia- charcoal, is still the major source of affects broad-based economic develop- tive. It seeks to create strong, new fuel, and as the chairman pointed out ment on the continent. This was par- partnerships among governments, in his opening comments, it threatens ticularly evident last year during the banks, and other private sector inves- the lives of so many people in Africa, Ebola crisis in three small African tors with the aim of providing first- including the eyesight of many of those countries. time power to 50 million people by the who experience that. That battle was won with the help of year 2020. It calls for a long-term strat- On the other hand, hydropower ac- the U.S. and with well-coordinated re- egy from our own government for as- counts for about 20 percent of the total gional efforts on the ground. Yet, in sisting sub-Saharan African countries power supply in the region, but less order to win the war against other with national power strategies, and it than 10 percent of its estimated poten- crippling diseases, there must be great- directs other American agencies to tial has been realized. Persistent er access to electrical power. make assistance for power projects in drought in some areas makes hydro- In working together, we have crafted sub-Saharan Africa a top priority. It power unpredictable. legislation that will focus on increas- helps bring American influence to bear The Electrify Africa Act takes an all- ing access to electricity in rural and around the world to encourage inter- of-the-above approach—all of these poor communities through small, re- national bodies to bring a new focus on good prospects—in promoting the newable energy projects that will re- this challenge. widest selection of sources of energy sult in at least millions of Africans Mr. Speaker, I fully support this bill, that includes all forms of fossil fuels, and I urge my colleagues to do the having access to electricity for the but also hydroelectric and renewable first time in their lives by 2020. same. energy sources. I reserve the balance of my time. When we worked together last year This facilitates African nations to Mr. ROYCE. Mr. Speaker, I yield 4 to pass AGOA, we knew much more was minutes to the gentleman from New use all available energy sources. Coal, needed in order to build the infrastruc- which is abundant in Africa, will be in Jersey (Mr. SMITH), chairman of the ture that supported African nations in Foreign Affairs Subcommittee on Afri- the mix, and, hopefully, we can help their ability to develop the capacity to ca, Global Health, Global Human them import clean coal technology to become full trading partners with the Rights, and International Organiza- mitigate pollution. United States. tions. Again, I thank the chairman for this This legislation, along with AGOA, is Mr. SMITH of New Jersey. Mr. legislation. consistent with the theme from the Speaker, I thank my good friend for Mr. BRENDAN F. BOYLE of Pennsyl- continent—trade, not aid—moving to- yielding. vania. Mr. Speaker, I yield 3 minutes ward the continent of Africa’s being I want to congratulate Chairman to the gentlewoman from California self-sufficient and self-determined. ROYCE on the Electrify Africa Act as a (Ms. BASS), who is the ranking member I am proud to serve as an original co- companion bill to the legislation that of the Subcommittee on Africa, Global sponsor of this legislation, and I invite we have before us today. We held a Health, Global Human Rights, and fellow Members to support this bill as hearing in my subcommittee that International Organizations and who is well. KAREN BASS will remember well in No- a leader on sub-Saharan Africa issues. Mr. ROYCE. Mr. Speaker, I reserve vember of 2014. The blessings that will Ms. BASS. Mr. Speaker, I rise in sup- the balance of my time. accrue from a huge effort to electrify port of S. 2152, the Electrify Africa Act. Mr. BRENDAN F. BOYLE of Pennsyl- Africa are almost without limit, espe- I commend the leadership and the vania. Mr. Speaker, I yield myself the cially when it comes to health care and work especially of our chair, Mr. balance of my time. ensuring that students can have proper ROYCE, of our ranking member, Mr. I thank Chairman ROYCE, Ranking light to go to school and to study, par- ENGEL, of our subcommittee chair, Mr. Member ENGEL, and the subcommittee ticularly at night. All of the benefits SMITH, and also of our committed chairman and ranking member. that we take for granted in the United members and staffs of the House For- Sometimes the right thing to do is States and in other parts of the world eign Affairs Committee as well as of also in our strategic interests as a still have yet to come to Africa. the Senate Foreign Relations Com- country, and this piece of legislation is In the 21st century, energy has be- mittee on this critical bill. a great example of that. I urge this come vital, as we all know, to modern Because of this bill, the lives of mil- body to pass it. societies. We no longer have to shop for lions of people can be changed immeas- Mr. Speaker, I yield back the balance food each day. Refrigerators keep food urably for the better. of my time. cold and preserved longer, whether in I remind my colleagues that two- Mr. ROYCE. Mr. Speaker, I yield my- our homes, in restaurants, or during thirds of the population of sub-Saharan self such time as I may consume. the process of transportation. Cell Africa live without electricity, particu- I again thank all of this bill’s cospon- phones, computers, televisions, and larly in the rural areas. This means sors in the House and in the Senate as other electronics require electrical that children are forced to study by well as the House and Senate staffs, power to allow us to lead more produc- candlelight and that doctors and mid- particularly Nilmini Rubin. tive lives in the modern world and in- wives are delivering babies by relying I also thank Andy Olson, whose hard creasingly in the developing world. on flashlights. work has gotten us here today.

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.032 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H400 CONGRESSIONAL RECORD — HOUSE February 1, 2016 I also acknowledge Andrew Energy is a key life blood of every economy the gentleman from California (Mr. Herscowitz—the USAID Power Africa’s and community. ROYCE) that the House suspend the coordinator—and his team, who are In addition to electricity in homes, the en- rules and pass the bill, S. 2152. watching this debate right now in the ergy sector has been instrumental in creating The question was taken; and (two- gallery. millions of jobs, providing lighting to commu- thirds being in the affirmative) the I think, as we look at the range of nities and healthcare centers, fueling our vehi- rules were suspended and the bill was enthusiasm for this legislation, at the cles, increasing literacy and life expectancy. passed. last count I took, we had letters of sup- As an advocate for energy empowerment in A motion to reconsider was laid on port from 35 African ambassadors, from Africa, I have championed energy brain trusts the table. the Chamber of Commerce, from the that are convened to serve as a platform for f Corporate Council on Africa, from the all relevant stakeholders from the energy sec- AGREEMENT ON SOCIAL SECURITY National Rural Electric Cooperative tors including coal, electric, natural gas, nu- BETWEEN THE GOVERNMENT OF Association, from the American Acad- clear, oil and emerging energy sources such THE UNITED STATES OF AMER- emy of Pediatrics, and, of course, from as wind, solar, hydroelectricity and turbine en- ICA AND THE GOVERNMENT OF the ONE Campaign. ergy. HUNGARY—MESSAGE FROM THE The United States has economic and I support the Electrify Africa Act as it will ad- PRESIDENT OF THE UNITED national security interests in the con- dress the energy issues of the day. STATES (H. DOC. NO. 114–95) tinued development of the African con- As you all may know, with enthusiasm, opti- tinent. This bill sets out a comprehen- mism and a collaborative spirit I partnered with The SPEAKER pro tempore laid be- sive, sustainable, and market-based my colleagues here in Congress and experts fore the House the following message plan to bring 600 million Africans out in other U.S. agencies such as USAID, which from the President of the United of the dark and into the global econ- has been spearheading innovative energy ini- States; which was read and, together omy, benefiting American businesses tiatives through its inter-agency efforts. with the accompanying papers, referred and workers at the same time and, This legislation is important because it will to the Committee on Ways and Means frankly, saving lives at the same time. increase the number of people with new ac- and ordered to be printed: So I urge all Members to support the cess to electricity and electricity services. To the Congress of the United States: Electrify Africa Act. This legislation will improve and expand the Pursuant to section 233(e)(1) of the Mr. Speaker, I yield back the balance generation, transmission and distribution of Social Security Act, as amended by the of my time. electricity. Social Security Amendments of 1977 Ms. JACKSON LEE. Mr. Speaker, I stand in I support this legislation because it provides (Public Law 95–216, 42 U.S.C. 433(e)(1)), strong support of S. 2152 an important legisla- reliable electricity to people and businesses in I transmit herewith a social security tion. urban and rural communities. totalization agreement with Hungary, I support S. 2152 because it seeks to estab- It will address the energy needs of citizens titled, ‘‘Agreement on Social Security lish a comprehensive United States policy that living in areas where there is little or no ac- between the Government of the United encourages the efforts of countries in Africa to cess to electricity grids. States of America and the Government develop an appropriate mix of electricity solu- It is also important because it will help de- of Hungary,’’ and a related agreement tions, including renewable energy, for more velop plans to systemically increase coverage titled, ‘‘Administrative Arrangement broadly distributed electricity access in order in rural areas. for the Implementation of the Agree- to support poverty reduction, promote develop- It will facilitate the reduction in transmission ment on Social Security between the ment outcomes, and drive economic growth, and distribution losses and improve end-use United States of America and the Gov- and for other purposes. efficiency and demand-side management as ernment of Hungary’’ (collectively the According to the World Bank, those living on well as end energy-related impediments to ‘‘Agreements’’). The Agreements were $1.25 day in Africa accounted for 48.5% of the business productivity and investment. signed in Budapest, Hungary, on Feb- population in that region in 2010. Additionally, this legislation will facilitate the ruary 3, 2015. Moreover, the U.S. Energy Information Ad- capacity of countries in Africa to monitor ap- The Agreements are similar in objec- ministration statistics state that in 2011 the propriately and transparently the regulation of tive to the social security agreements whole of Africa possessed only 78 gigawatts the power sector. already in force with most European of installed generation capacity, of which It will also serve as an economic stimulator Union countries, Australia, Canada, South Africa accounted for 44 gigawatts. because it will encourage private investment in Chile, Japan, Norway, the Republic of By comparison, installed capacity in the energy production and distribution. Korea, and Switzerland. Such bilateral United States alone was 1,053 gigawatts. Overall, this legislation is important because agreements provide for limited coordi- In other words, all of Africa has only 7% of it makes accessible a human necessity: elec- nation between the United States and the electric capacity of the United States. tricity, which will dramatically improve the foreign social security systems to This is why S. 2152 is important, as it can quality of life of children, women and men. eliminate dual social security coverage be instrumental in helping to facilitate higher Access to electricity will aid the mid-wife in and taxation, and to help prevent the energy capacities in Africa. successfully delivering a healthy child, while lost benefit protection that can occur Furthermore, actual production capacity for insuring the mother’s successful recovery. when workers divide their careers be- Africa is likely to be substantially lower than Access to electricity, taken for granted in tween two countries. the theoretical quantity because of inadequate some parts of the world is critical in Africa be- The Agreements contain all provi- maintenance, outmoded equipment and fuel cause it will provide the light for a child to do sions mandated by section 233 of the shortages. his or her homework. Social Security Act and the provisions Using per-capita data, a US citizen on aver- Electricity gives Africa’s future innovator, that I deem appropriate to carry out age uses 12,461 kilowatt hours of electricity politician and teacher access to the internet: the purposes of section 233, pursuant to per annum; a citizen of Ethiopia uses 52. opening countless doors. section 233(c)(4) of the Social Security On average, only 30% of Africa’s citizens I support this legislation because it will pro- Act. have any access to electric electricity, and mote first-time access to electricity and elec- I also transmit for the information of even where electricity is available, provision tricity services for at least 50,000,000 people the Congress a report required by sec- can be sporadic, with frequent electricity cuts in Africa. tion 233(e)(1) of the Social Security Act and ‘‘brown-outs.’’ This legislation will facilitate the installation on the estimated number of individuals For now, the continent remains largely de- of at least 20,000 additional megawatts of who will be affected by the Agreements pendent on hydroelectricity with 13 countries electricity in Africa by 2020 in both urban and and the estimated cost effect. The De- utilizing hydroelectricity for 60% or more of rural areas. partment of State and the Social Secu- their energy. When Africa succeeds the world succeeds rity Administration have rec- But, hydroelectricity relies on rain and Afri- and this is why I support this legislation and I ommended the Agreements to me. ca’s rain fall is sporadic at best. thank my colleagues for their bipartisan sup- I commend the Agreements and re- The reliance on sporadic rainfall adversely port across both chambers of the House. lated documents. impacts the effectiveness and accessibility to The SPEAKER pro tempore. The BARACK OBAMA. hydroelectricity sources. question is on the motion offered by THE WHITE HOUSE, February 1, 2016.

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.034 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H401 RECESS [Roll No. 46] Schakowsky Thompson (PA) Wasserman Schrader Thornberry Schultz The SPEAKER pro tempore. Pursu- YEAS—347 Schweikert Tipton Waters, Maxine Scott (VA) Titus Watson Coleman ant to clause 12(a) of rule I, the Chair Abraham Esty Love Scott, David Weber (TX) declares the House in recess until ap- Adams Farenthold Lowenthal Tonko Sessions Torres Webster (FL) proximately 6:30 p.m. today. Aguilar Farr Lowey Sewell (AL) Amash Fincher Lucas Trott Welch Accordingly (at 5 o’clock and 24 min- Sherman Turner Wenstrup Ashford Fitzpatrick Luetkemeyer Shimkus Upton Whitfield utes p.m.), the House stood in recess. Babin Fleischmann Lujan Grisham Shuster Van Hollen Williams Barletta Fleming (NM) Simpson Vargas Wilson (SC) f Barr Forbes Luja´ n, Ben Ray Sinema Barton Fortenberry (NM) Slaughter Veasey Wittman Bass Foster Lummis Smith (NE) Vela Womack b 1829 ´ Beatty Foxx MacArthur Smith (TX) Velazquez Woodall Becerra Frankel (FL) Maloney, Stewart Visclosky Yarmuth AFTER RECESS Benishek Frelinghuysen Carolyn Stivers Wagner Yoder Bera Fudge Marchant Walberg Yoho The recess having expired, the House Stutzman Beyer Gabbard Marino Swalwell (CA) Walden Young (AK) was called to order by the Speaker pro Bishop (MI) Gallego Matsui Takai Walker Young (IA) tempore (Mr. COLLINS of New York) at Blackburn Garamendi McCarthy Takano Walorski Young (IN) Blum Garrett McCaul 6 o’clock and 29 minutes p.m. Thompson (CA) Walters, Mimi Zeldin Blumenauer Gibbs McClintock Thompson (MS) Walz Zinke Bonamici Gibson McCollum f Bost Gohmert McDermott NAYS—8 Boustany Goodlatte McHenry REPORT ON RESOLUTION PRO- Boyle, Brendan Gosar McKinley Capuano McGovern Sensenbrenner Clark (MA) Ryan (OH) VIDING FOR CONSIDERATION OF F. Gowdy McMorris Tsongas Brady (PA) Graham Rodgers Lynch Sarbanes H.R. 3700, HOUSING OPPORTUNITY Brady (TX) Granger McNerney THROUGH MODERNIZATION ACT Brat Graves (GA) McSally NOT VOTING—78 OF 2015 Bridenstine Graves (LA) Meadows Aderholt Grijalva Noem Brownley (CA) Graves (MO) Meehan Allen Gutie´rrez Nunes Mr. STIVERS from the Committee Buchanan Green, Al Meeks Amodei Herrera Beutler Palazzo Buck Green, Gene Meng Bilirakis Hice, Jody B. Peterson on Rules, submitted a privileged report Bucshon Griffith Mica (Rept. No. 114–411) on the resolution (H. Bishop (GA) Huizenga (MI) Pompeo Burgess Grothman Miller (FL) Bishop (UT) Issa Ribble Res. 594) providing for consideration of Bustos Guinta Miller (MI) Black Jackson Lee Richmond the bill (H.R. 3700) to provide housing Byrne Guthrie Moore Brooks (AL) Johnson (GA) Rohrabacher Calvert Hahn Moulton opportunities in the United States Brooks (IN) Joyce Rokita Capps Hanna Mulvaney Brown (FL) Kaptur Ros-Lehtinen ´ through modernization of various hous- Cardenas Hardy Murphy (FL) Butterfield Katko Rush ing programs, and for other purposes, Carney Harper Murphy (PA) Carter (GA) Kennedy Sanchez, Loretta Carson (IN) Harris Napolitano which was referred to the House Cal- Castro (TX) Kildee Schiff Carter (TX) Hartzler Neal Clarke (NY) King (IA) Scott, Austin endar and ordered to be printed. Cartwright Hastings Neugebauer Clay Kirkpatrick Serrano Castor (FL) Heck (NV) Newhouse Conyers LaMalfa Sires f Chabot Heck (WA) Nolan Crowley Lewis Smith (MO) Chaffetz Hensarling Norcross Cummings Lipinski Smith (NJ) Chu, Judy Higgins Nugent Davis, Rodney Loebsack Smith (WA) ANNOUNCEMENT BY THE SPEAKER Cicilline Hill O’Rourke PRO TEMPORE Doggett Maloney, Sean Speier Clawson (FL) Himes Olson Edwards Massie Stefanik Cleaver Hinojosa Pallone The SPEAKER pro tempore. Pursu- Engel Messer Tiberi Clyburn Holding Palmer Fattah Moolenaar Valadao ant to clause 8 of rule XX, proceedings Coffman Honda Pascrell Flores Mooney (WV) Westerman will resume on motions to suspend the Cohen Hoyer Paulsen Franks (AZ) Mullin Westmoreland Cole Hudson Payne Grayson Nadler Wilson (FL) rules previously postponed. Collins (GA) Huelskamp Pearce Votes will be taken in the following Collins (NY) Huffman Pelosi order: Comstock Hultgren Perlmutter 1847 Conaway Hunter Perry b H.R. 2187, by the yeas and nays; Connolly Hurd (TX) Peters So (two-thirds being in the affirma- H.R. 4168, by the yeas and nays. Cook Hurt (VA) Pingree tive) the rules were suspended and the The first electronic vote will be con- Cooper Israel Pittenger Costa Jeffries Pitts bill, as amended, was passed. ducted as a 15-minute vote. The second Costello (PA) Jenkins (KS) Pocan electronic vote will be conducted as a Courtney Jenkins (WV) Poe (TX) The result of the vote was announced 5-minute vote. Cramer Johnson (OH) Poliquin as above recorded. Crawford Johnson, E. B. Polis Crenshaw Johnson, Sam Posey A motion to reconsider was laid on f Cuellar Jolly Price (NC) the table. Culberson Jones Price, Tom FAIR INVESTMENT OPPORTUNI- Curbelo (FL) Jordan Quigley Stated for: TIES FOR PROFESSIONAL EX- Davis (CA) Keating Rangel Davis, Danny Kelly (IL) Ratcliffe Mr. ALLEN. Mr. Speaker, on rollcall No. 46, PERTS ACT DeFazio Kelly (MS) Reed I was unavoidably detained. Had I been The SPEAKER pro tempore. The un- DeGette Kelly (PA) Reichert present, I would have voted ‘‘yes.’’ Delaney Kilmer Renacci finished business is the vote on the mo- DeLauro Kind Rice (NY) Mr. CARTER of Georgia. Mr. Speaker, on tion to suspend the rules and pass the DelBene King (NY) Rice (SC) rollcall No. 46, I was unavoidably detained. bill (H.R. 2187) to direct the Securities Denham Kinzinger (IL) Rigell Had I been present, I would have voted ‘‘yes.’’ and Exchange Commission to revise its Dent Kline Roby DeSantis Knight Roe (TN) Mr. RODNEY DAVIS of Illinois. Mr. Speak- regulations regarding the qualifica- DeSaulnier Kuster Rogers (AL) er, on rollcall No. 46, I was meeting with con- DesJarlais Labrador Rogers (KY) tions of natural persons as accredited stituents. Had I been present, I would have investors, as amended, on which the Deutch LaHood Rooney (FL) Diaz-Balart Lamborn Roskam voted ‘‘yes.’’ yeas and nays were ordered. Dingell Lance Ross The Clerk read the title of the bill. Dold Langevin Rothfus Mr. JOYCE. Mr. Speaker, on rollcall No. 46, Donovan Larsen (WA) Rouzer The SPEAKER pro tempore. The I was unavoidably detained. Had I been Doyle, Michael Larson (CT) Roybal-Allard present, I would have voted ‘‘yea.’’ question is on the motion offered by F. Latta Royce the gentleman from New Jersey (Mr. Duckworth Lawrence Ruiz Mr. VALADAO. Mr. Speaker, on rollcall no. Duffy Lee Ruppersberger 46, I was unavoidably detained. Had I been GARRETT) that the House suspend the Duncan (SC) Levin Russell rules and pass the bill, as amended. Duncan (TN) Lieu, Ted Salmon present, I would have voted ‘‘yes.’’ The vote was taken by electronic de- Ellison LoBiondo Sa´ nchez, Linda Mr. WESTERMAN. Mr. Speaker, on rollcall Ellmers (NC) Lofgren T. vice, and there were—yeas 347, nays 8, Emmer (MN) Long Sanford No. 46, I was unavoidably detained. Had I not voting 78, as follows: Eshoo Loudermilk Scalise been present, I would have voted ‘‘yes.’’

VerDate Sep 11 2014 04:39 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.036 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H402 CONGRESSIONAL RECORD — HOUSE February 1, 2016 SMALL BUSINESS CAPITAL Labrador Nunes Shimkus The result of the vote was announced FORMATION ENHANCEMENT ACT LaHood O’Rourke Shuster as above recorded. Lamborn Olson Simpson The SPEAKER pro tempore. The un- Lance Palazzo Sinema A motion to reconsider was laid on finished business is the vote on the mo- Langevin Pallone Slaughter the table. Larsen (WA) Palmer Smith (NE) PERSONAL EXPLANATION tion to suspend the rules and pass the Larson (CT) Pascrell Smith (NJ) bill (H.R. 4168) to amend the Small Latta Paulsen Smith (TX) Mr. CASTRO of Texas. Mr. Speaker, my Business Investment Incentive Act of Lawrence Payne Speier vote was not recorded on Roll Call #46 on Lee Pearce Stefanik H.R. 2187—Fair Investment Opportunities for 1980 to require an annual review by the Levin Pelosi Stewart Securities and Exchange Commission Lieu, Ted Perlmutter Stivers Professional Experts Act. I am not recorded of the annual government-business Lipinski Perry Stutzman because I was absent due to awaiting the im- LoBiondo Peters Swalwell (CA) pending birth of my son in San Antonio, forum on capital formation that is held Lofgren Peterson Takai Texas. Had I been present I would have voted pursuant to such Act, on which the Long Pingree Takano yeas and nays were ordered. Loudermilk Pittenger Thompson (CA) AYE. The Clerk read the title of the bill. Love Pitts Thompson (MS) Mr. Speaker, my vote was not recorded on Lowenthal Pocan Thompson (PA) The SPEAKER pro tempore. The Lowey Poe (TX) Roll Call #47 on H.R. 4168—Small Business Thornberry Capital Formation Enhancement Act. I am not question is on the motion offered by Lucas Poliquin Tipton the gentleman from New Jersey (Mr. Luetkemeyer Polis Titus recorded because I was absent due to await- Lujan Grisham Posey GARRETT) that the House suspend the Tonko ing the impending birth of my son in San Anto- (NM) Price (NC) Torres Luja´ n, Ben Ray Price, Tom nio, Texas. Had I been present I would have rules and pass the bill. Trott (NM) Quigley This is a 5-minute vote. Tsongas voted AYE. Lummis Rangel Turner f The vote was taken by electronic de- Lynch Ratcliffe Upton MacArthur Reed vice, and there were—yeas 390, nays 1, Valadao REMOVAL OF NAME OF MEMBER Maloney, Reichert not voting 42, as follows: Van Hollen AS COSPONSOR OF H.R. 1019 AND Carolyn Renacci Vargas [Roll No. 47] Marchant Ribble H.R. 1401 Veasey Marino Rice (NY) YEAS—390 Vela Mr. FARENTHOLD. Mr. Speaker, I Matsui Rice (SC) Vela´ zquez Abraham Conaway Gosar McCarthy Richmond ask unanimous consent that I be re- Adams Connolly Gowdy McCaul Rigell Visclosky moved as a cosponsor from both H.R. Wagner Aderholt Conyers Graham McClintock Roby 1019 and H.R. 1401. Aguilar Cook Granger McCollum Roe (TN) Walberg Allen Cooper Graves (GA) McDermott Rogers (AL) Walden The SPEAKER pro tempore. Is there Amash Costa Graves (LA) McGovern Rogers (KY) Walker objection to the request of the gen- Ashford Costello (PA) Graves (MO) McHenry Rooney (FL) Walorski tleman from Texas? Babin Courtney Grayson Walters, Mimi McKinley Ros-Lehtinen There was no objection. Barletta Cramer Green, Al McMorris Roskam Walz Barr Crawford Green, Gene Rodgers Ross Wasserman f Barton Crenshaw Griffith McNerney Rothfus Schultz Bass Cuellar Grothman McSally Rouzer Waters, Maxine REMOVAL OF NAME OF MEMBER Beatty Culberson Guinta Meadows Roybal-Allard Watson Coleman AS COSPONSOR OF H.R. 546 Becerra Curbelo (FL) Guthrie Meehan Royce Weber (TX) Benishek Davis (CA) Gutie´rrez Meeks Ruiz Webster (FL) Mr. MICHAEL F. DOYLE of Pennsyl- Bera Davis, Danny Hahn Meng Ruppersberger Welch vania. Mr. Speaker, I ask unanimous Beyer Davis, Rodney Hanna Messer Russell Wenstrup consent to remove myself as a cospon- Bilirakis DeFazio Hardy Mica Ryan (OH) Westerman Bishop (GA) DeGette Harper Miller (FL) Salmon Whitfield sor of H.R. 546, the ACE Kids Act. Bishop (MI) Delaney Harris Miller (MI) Sa´ nchez, Linda Williams The SPEAKER pro tempore. Is there Bishop (UT) DeLauro Hartzler Moore T. Wilson (FL) objection to the request of the gen- Black DelBene Hastings Moulton Sanford Wilson (SC) tleman from Pennsylvania? Blackburn Denham Heck (NV) Mulvaney Sarbanes Wittman Blum Dent Heck (WA) Murphy (FL) Scalise Womack There was no objection. Blumenauer DeSantis Hensarling Murphy (PA) Schakowsky Woodall f Bonamici DeSaulnier Herrera Beutler Napolitano Schrader Yarmuth Bost DesJarlais Higgins Neal Schweikert Yoder ANNOUNCEMENT BY THE SPEAKER Boustany Deutch Hill Neugebauer Scott (VA) Yoho PRO TEMPORE Boyle, Brendan Diaz-Balart Himes Newhouse Scott, David Young (AK) F. Dingell Hinojosa Noem Serrano Young (IA) The SPEAKER pro tempore. Pursu- Brady (PA) Doggett Holding Nolan Sessions Young (IN) ant to clause 8 of rule XX, the Chair Brady (TX) Dold Honda Norcross Sewell (AL) Zeldin Brat Donovan Hoyer Nugent Sherman Zinke will postpone further proceedings Bridenstine Doyle, Michael Hudson today on the additional motion to sus- Brown (FL) F. Huelskamp NAYS—1 pend the rules on which a recorded vote Brownley (CA) Duckworth Huffman Sensenbrenner Buchanan Duffy Hultgren or the yeas and nays are ordered, or on Buck Duncan (SC) Hunter which the vote incurs objection under Bucshon Duncan (TN) Hurd (TX) NOT VOTING—42 clause 6 of rule XX. Burgess Ellison Hurt (VA) Amodei Hice, Jody B. Mullin Bustos Ellmers (NC) Israel Any record vote on the postponed Brooks (AL) Huizenga (MI) Nadler Byrne Emmer (MN) Jeffries question will be taken later. Brooks (IN) Issa Pompeo Calvert Eshoo Jenkins (KS) Butterfield Jackson Lee Rohrabacher f Capps Esty Jenkins (WV) Castro (TX) Kaptur Rokita Capuano Farenthold Johnson (GA) Clarke (NY) King (IA) Rush COAST GUARD AUTHORIZATION Ca´ rdenas Farr Johnson (OH) Clay Kirkpatrick Sanchez, Loretta ACT OF 2015 Carney Fincher Johnson, E. B. Crowley LaMalfa Schiff Carson (IN) Fitzpatrick Johnson, Sam Cummings Lewis Scott, Austin Mr. HUNTER. Mr. Speaker, I move to Carter (GA) Fleischmann Jolly Edwards Loebsack Sires suspend the rules and concur in the Carter (TX) Fleming Jones Engel Maloney, Sean Smith (MO) Cartwright Flores Jordan Senate amendment to the bill (H.R. Fattah Massie Smith (WA) Castor (FL) Forbes Joyce 4188) to authorize appropriations for Franks (AZ) Moolenaar Tiberi Chabot Fortenberry Katko Grijalva Mooney (WV) Westmoreland the Coast Guard for fiscal years 2016 Chaffetz Foster Keating and 2017, and for other purposes. Chu, Judy Foxx Kelly (IL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cicilline Frankel (FL) Kelly (MS) The Clerk read the title of the bill. Clark (MA) Frelinghuysen Kelly (PA) The SPEAKER pro tempore (during The text of the Senate amendment is Clawson (FL) Fudge Kennedy the vote). There are 2 minutes remain- as follows: Cleaver Gabbard Kildee ing. Clyburn Gallego Kilmer Senate amendment: Coffman Garamendi Kind b 1854 Strike all after the enacting clause and in- Cohen Garrett King (NY) sert the following: Cole Gibbs Kinzinger (IL) So (two-thirds being in the affirma- Collins (GA) Gibson Kline SECTION 1. SHORT TITLE. Collins (NY) Gohmert Knight tive) the rules were suspended and the This Act may be cited as the ‘‘Coast Guard Comstock Goodlatte Kuster bill was passed. Authorization Act of 2015’’.

VerDate Sep 11 2014 04:39 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 6333 E:\CR\FM\K01FE7.039 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H403 SEC. 2. TABLE OF CONTENTS. Sec. 522. Transfer and disposition of property. of technologies, materials, and human factors The table of contents for this Act is as follows: Sec. 523. Notice of certification. directly related to improving the performance of Sec. 1. Short title. Sec. 524. Redundant capability. the Coast Guard’s mission with respect to search Sec. 2. Table of contents. Subtitle C—Conveyance of Coast Guard and rescue, aids to navigation, marine safety, TITLE I—AUTHORIZATIONS Property at Point Spencer, Alaska marine environmental protection, enforcement of laws and treaties, ice operations, oceano- Sec. 101. Authorizations. Sec. 531. Findings. graphic research, and defense readiness, and for Sec. 102. Conforming amendments. Sec. 532. Definitions. Sec. 533. Authority to convey land in Point maintenance, rehabilitation, lease, and oper- TITLE II—COAST GUARD Spencer. ation of facilities and equipment— Sec. 201. Vice Commandant. Sec. 534. Environmental compliance, liability, ‘‘(A) $19,890,000 for fiscal year 2016; and Sec. 202. Vice admirals. and monitoring. ‘‘(B) $19,890,000 for fiscal year 2017. Sec. 203. Coast Guard remission of indebted- Sec. 535. Easements and access. ‘‘§ 2704. Authorized levels of military strength ness. Sec. 536. Relationship to Public Land Order and training Sec. 204. Acquisition reform. 2650. ‘‘(a) ACTIVE DUTY STRENGTH.—The Coast Sec. 205. Auxiliary jurisdiction. Sec. 537. Archeological and cultural resources. Guard is authorized an end-of-year strength for Sec. 206. Coast Guard communities. Sec. 538. Maps and legal descriptions. Sec. 207. Polar icebreakers. active duty personnel of 43,000 for each of fiscal Sec. 539. Chargeability for land conveyed. years 2016 and 2017. Sec. 208. Air facility closures. Sec. 540. Redundant capability. Sec. 209. Technical corrections to title 14, ‘‘(b) MILITARY TRAINING STUDENT LOADS.— Sec. 541. Port Coordination Council for Point The Coast Guard is authorized average military United States Code. Spencer. Sec. 210. Discontinuance of an aid to naviga- training student loads for each of fiscal years tion. TITLE VI—MISCELLANEOUS 2016 and 2017 as follows: Sec. 211. Mission performance measures. Sec. 601. Modification of reports. ‘‘(1) For recruit and special training, 2,500 Sec. 212. Communications. Sec. 602. Safe vessel operation in the Great student years. Sec. 213. Coast Guard graduate maritime oper- Lakes. ‘‘(2) For flight training, 165 student years. ations education. Sec. 603. Use of vessel sale proceeds. ‘‘(3) For professional training in military and Sec. 214. Professional development. Sec. 604. National Academy of Sciences cost as- civilian institutions, 350 student years. Sec. 215. Senior enlisted member continuation sessment. ‘‘(4) For officer acquisition, 1,200 student boards. Sec. 605. Coastwise endorsements. years. Sec. 216. Coast Guard member pay. Sec. 606. International Ice Patrol. ‘‘CHAPTER 29—REPORTS Sec. 217. Transfer of funds necessary to provide Sec. 607. Assessment of oil spill response and ‘‘Sec. medical care. cleanup activities in the Great ‘‘2904. Manpower requirements plan. Sec. 218. Participation of the Coast Guard Lakes. ‘‘§ 2904. Manpower requirements plan Academy in Federal, State, or Sec. 608. Report on status of technology detect- other educational research grants. ing passengers who have fallen ‘‘(a) IN GENERAL.—On the date on which the Sec. 219. National Coast Guard Museum. overboard. President submits to the Congress a budget for Sec. 220. Investigations. Sec. 609. Venue. fiscal year 2017 under section 1105 of title 31, on Sec. 221. Clarification of eligibility of members Sec. 610. Disposition of infrastructure related to the date on which the President submits to the of the Coast Guard for combat-re- e-loran. Congress a budget for fiscal year 2019 under lated special compensation. Sec. 611. Parking. such section, and every 4 years thereafter, the Sec. 222. Leave policies for the Coast Guard. Sec. 612. Inapplicability of load line require- Commandant shall submit to the Committee on Transportation and Infrastructure of the House TITLE III—SHIPPING AND NAVIGATION ments to certain United States vessels traveling in the Gulf of of Representatives and the Committee on Com- Sec. 301. Survival craft. Mexico. merce, Science, and Transportation of the Sen- Sec. 302. Vessel replacement. TITLE I—AUTHORIZATIONS ate a manpower requirements plan. Sec. 303. Model years for recreational vessels. ‘‘(b) SCOPE.—A manpower requirements plan Sec. 304. Merchant mariner credential expira- SEC. 101. AUTHORIZATIONS. submitted under subsection (a) shall include for tion harmonization. (a) IN GENERAL.—Title 14, United States Code, each mission of the Coast Guard— Sec. 305. Safety zones for permitted marine is amended by adding at the end the following: ‘‘(1) an assessment of all projected mission re- events. ‘‘PART III—COAST GUARD AUTHORIZA- quirements for the upcoming fiscal year and for Sec. 306. Technical corrections. TIONS AND REPORTS TO CONGRESS each of the 3 fiscal years thereafter; Sec. 307. Recommendations for improvements of ‘‘Chap. Sec. ‘‘(2) the number of active duty, reserve, and marine casualty reporting...... civilian personnel assigned or available to fulfill Sec. 308. Recreational vessel engine weights. ‘‘27. Authorizations 2701 ...... such mission requirements— Sec. 309. Merchant mariner medical certifi- ‘‘29. Reports 2901. ‘‘(A) currently; and cation reform. ‘‘CHAPTER 27—AUTHORIZATIONS ‘‘(B) as projected for the upcoming fiscal year Sec. 310. Atlantic Coast port access route study. ‘‘Sec. and each of the 3 fiscal years thereafter; Sec. 311. Certificates of documentation for rec- ‘‘2702. Authorization of appropriations. ‘‘(3) the number of active duty, reserve, and reational vessels. ‘‘2704. Authorized levels of military strength and civilian personnel required to fulfill such mis- Sec. 312. Program guidelines. training. sion requirements— Sec. 313. Repeals. ‘‘§ 2702. Authorization of appropriations ‘‘(A) currently; and Sec. 314. Maritime drug law enforcement. ‘‘Funds are authorized to be appropriated for ‘‘(B) as projected for the upcoming fiscal year Sec. 315. Examinations for merchant mariner each of fiscal years 2016 and 2017 for necessary credentials. and each of the 3 fiscal years thereafter; Sec. 316. Higher volume port area regulatory expenses of the Coast Guard as follows: ‘‘(4) an identification of any capability gaps ‘‘(1) For the operation and maintenance of the definition change. between mission requirements and mission per- Sec. 317. Recognition of port security assess- Coast Guard, not otherwise provided for— formance caused by deficiencies in the numbers ‘‘(A) $6,981,036,000 for fiscal year 2016; and ments conducted by other entities. of personnel available— ‘‘(B) $6,981,036,000 for fiscal year 2017. Sec. 318. Fishing vessel and fish tender vessel ‘‘(A) currently; and ‘‘(2) For the acquisition, construction, renova- certification. ‘‘(B) as projected for the upcoming fiscal year tion, and improvement of aids to navigation, Sec. 319. Interagency Coordinating Committee and each of the 3 fiscal years thereafter; and shore facilities, vessels, and aircraft, including on Oil Pollution Research. ‘‘(5) an identification of the actions the Com- Sec. 320. International port and facility inspec- equipment related thereto, and for maintenance, mandant will take to address capability gaps tion coordination. rehabilitation, lease, and operation of facilities identified under paragraph (4). and equipment— ‘‘(c) CONSIDERATION.—In composing a man- TITLE IV—FEDERAL MARITIME ‘‘(A) $1,945,000,000 for fiscal year 2016; and power requirements plan for submission under COMMISSION ‘‘(B) $1,945,000,000 for fiscal year 2017. subsection (a), the Commandant shall con- Sec. 401. Authorization of appropriations. ‘‘(3) For the Coast Guard Reserve program, in- sider— Sec. 402. Duties of the Chairman. cluding operations and maintenance of the pro- ‘‘(1) the marine safety strategy required under Sec. 403. Prohibition on awards. gram, personnel and training costs, equipment, section 2116 of title 46; TITLE V—CONVEYANCES and services— ‘‘(2) information on the adequacy of the ac- Subtitle A—Miscellaneous Conveyances ‘‘(A) $140,016,000 for fiscal year 2016; and quisition workforce included in the most recent ‘‘(B) $140,016,000 for fiscal year 2017. report under section 2903 of this title; and Sec. 501. Conveyance of Coast Guard property ‘‘(4) For the environmental compliance and ‘‘(3) any other Federal strategic planning ef- in Point Reyes Station, Cali- restoration functions of the Coast Guard under fort the Commandant considers appropriate.’’. fornia. chapter 19 of this title— (b) REQUIREMENT FOR PRIOR AUTHORIZATION Sec. 502. Conveyance of Coast Guard property ‘‘(A) $16,701,000 for fiscal year 2016; and OF APPROPRIATIONS.—Section 662 of title 14, in Tok, Alaska. ‘‘(B) $16,701,000 for fiscal year 2017. United States Code, is amended— Subtitle B—Pribilof Islands ‘‘(5) To the Commandant of the Coast Guard (1) by redesignating such section as section Sec. 521. Short title. for research, development, test, and evaluation 2701;

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 6333 E:\CR\FM\A01FE7.036 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H404 CONGRESSIONAL RECORD — HOUSE February 1, 2016 (2) by transferring such section to appear be- breaker, including initial specification develop- ‘‘(1) The President may— fore section 2702 of such title (as added by sub- ment and feasibility studies. ‘‘(A) designate, within the Coast Guard, no section (a) of this section); and (f) ADDITIONAL SUBMISSIONS.—The Com- more than five positions of importance and re- (3) by striking paragraphs (1) through (5) and mandant of the Coast Guard shall submit to the sponsibility that shall be held by officers who, inserting the following: Committee on Homeland Security of the House while so serving— ‘‘(1) For the operation and maintenance of the of Representatives— ‘‘(i) shall have the grade of vice admiral, with Coast Guard, not otherwise provided for. (1) each plan required under section 2904 of the pay and allowances of that grade; and ‘‘(2) For the acquisition, construction, renova- title 14, United States Code, as added by sub- ‘‘(ii) shall perform such duties as the Com- tion, and improvement of aids to navigation, section (a) of this section; mandant may prescribe, except that if the Presi- shore facilities, vessels, and aircraft, including (2) each plan required under section 2903(e) of dent designates five such positions, one position equipment related thereto, and for maintenance, title 14, United States Code, as added by section shall be the Chief of Staff of the Coast Guard; rehabilitation, lease, and operation of facilities 206 of this Act; and and equipment. (3) each plan required under section 2902 of ‘‘(B) designate, within the executive branch, ‘‘(3) For the Coast Guard Reserve program, in- title 14, United States Code, as redesignated by other than within the Coast Guard or the Na- cluding operations and maintenance of the pro- subsection (d) of this section; and tional Oceanic and Atmospheric Administration, gram, personnel and training costs, equipment, (4) each mission need statement required positions of importance and responsibility that and services. under section 569 of title 14, United States Code. shall be held by officers who, while so serving, ‘‘(4) For the environmental compliance and shall have the grade of vice admiral, with the SEC. 102. CONFORMING AMENDMENTS. pay and allowances of that grade.’’; and restoration functions of the Coast Guard under (a) ANALYSIS FOR TITLE 14.—The analysis for chapter 19 of this title. (B) in paragraph (3)(A) by striking ‘‘under title 14, United States Code, is amended by add- paragraph (1)’’ and inserting ‘‘under paragraph ‘‘(5) For research, development, test, and eval- ing after the item relating to part II the fol- uation of technologies, materials, and human (1)(A)’’; and lowing: (2) in subsection (b)(2)— factors directly related to improving the per- (A) in subparagraph (B) by striking ‘‘and’’ at formance of the Coast Guard. ‘‘III. Coast Guard Authorizations and Reports to Congress ...... 2701’’. the end; ‘‘(6) For alteration or removal of bridges over (B) by redesignating subparagraph (C) as sub- (b) ANALYSIS FOR CHAPTER 15.—The analysis navigable waters of the United States consti- paragraph (D); and for chapter 15 of title 14, United States Code, is tuting obstructions to navigation, and for per- (C) by inserting after subparagraph (B) the amended by striking the item relating to section sonnel and administrative costs associated with following: the Alteration of Bridges Program.’’. 569a. ‘‘(C) at the discretion of the Secretary, while (c) AUTHORIZATION OF PERSONNEL END (c) ANALYSIS FOR CHAPTER 17.—The analysis awaiting orders after being relieved from the po- STRENGTHS.—Section 661 of title 14, United for chapter 17 of title 14, United States Code, is sition, beginning on the day the officer is re- States Code, is amended— amended by striking the items relating to sec- lieved from the position, but not for more than (1) by redesignating such section as section tions 661, 662, 662a, and 663. 60 days; and’’. (d) ANALYSIS FOR CHAPTER 27.—The analysis 2703; and SEC. 203. COAST GUARD REMISSION OF INDEBT- (2) by transferring such section to appear be- for chapter 27 of title 14, United States Code, as EDNESS. fore section 2704 of such title (as added by sub- added by section 101(a) of this Act, is amended (a) EXPANSION OF AUTHORITY TO REMIT IN- section (a) of this section). by inserting— DEBTEDNESS.—Section 461 of title 14, United (d) REPORTS.— (1) before the item relating to section 2702 the States Code, is amended to read as follows: following: (1) TRANSMISSION OF ANNUAL COAST GUARD AU- ‘‘§ 461. Remission of indebtedness THORIZATION REQUEST.—Section 662a of title 14, ‘‘2701. Requirement for prior authorization of ‘‘The Secretary may have remitted or can- United States Code, is amended— appropriations.’’; celled any part of a person’s indebtedness to the (A) by redesignating such section as section and United States or any instrumentality of the 2901; (2) before the item relating to section 2704 the United States if— (B) by transferring such section to appear be- following: ‘‘(1) the indebtedness was incurred while the fore section 2904 of such title (as added by sub- ‘‘2703. Authorization of personnel end person served on active duty as a member of the section (a) of this section); and strengths.’’. Coast Guard; and (C) in subsection (b)— (e) ANALYSIS FOR CHAPTER 29.—The analysis ‘‘(2) the Secretary determines that remitting or (i) in paragraph (1) by striking ‘‘described in cancelling the indebtedness is in the best inter- section 661’’ and inserting ‘‘described in section for chapter 29 of title 14, United States Code, as added by section 101(a) of this Act, is amended est of the United States.’’. 2703’’; and (b) CLERICAL AMENDMENT.—The analysis for (ii) in paragraph (2) by striking ‘‘described in by inserting before the item relating to section 2904 the following: chapter 13 of title 14, United States Code, is section 662’’ and inserting ‘‘described in section amended by striking the item relating to section ‘‘2901. Transmission of annual Coast Guard au- 2701’’. 461 and inserting the following: (2) CAPITAL INVESTMENT PLAN.—Section 663 of thorization request. ‘‘461. Remission of indebtedness.’’. title 14, United States Code, is amended— ‘‘2902. Capital investment plan. (A) by redesignating such section as section ‘‘2903. Major acquisitions.’’. SEC. 204. ACQUISITION REFORM. 2902; and (f) MISSION NEED STATEMENT.—Section 569(b) (a) MINIMUM PERFORMANCE STANDARDS.—Sec- (B) by transferring such section to appear of title 14, United States Code, is amended— tion 572(d)(3) of title 14, United States Code, is after section 2901 of such title (as so redesig- (1) in paragraph (2) by striking ‘‘in section amended— nated and transferred by paragraph (1) of this 569a(e)’’ and inserting ‘‘in section 2903’’; and (1) by redesignating subparagraphs (C) subsection). (2) in paragraph (3) by striking ‘‘under sec- through (H) as subparagraphs (E) through (J), (3) MAJOR ACQUISITIONS.—Section 569a of title tion 663(a)(1)’’ and inserting ‘‘under section respectively; (2) by redesignating subparagraph (B) as sub- 14, United States Code, is amended— 2902(a)(1)’’. paragraph (C); (A) by redesignating such section as section TITLE II—COAST GUARD 2903; (3) by inserting after subparagraph (A) the (B) by transferring such section to appear SEC. 201. VICE COMMANDANT. following: ‘‘(B) the performance data to be used to deter- after section 2902 of such title (as so redesig- (a) GRADES AND RATINGS.—Section 41 of title mine whether the key performance parameters nated and transferred by paragraph (2) of this 14, United States Code, is amended by striking have been resolved;’’; and subsection); and ‘‘an admiral,’’ and inserting ‘‘admirals (two);’’. (b) VICE COMMANDANT; APPOINTMENT.—Sec- (4) by inserting after subparagraph (C), as re- (C) in subsection (c)(2) by striking ‘‘of this designated by paragraph (2) of this subsection, subchapter’’. tion 47 of title 14, United States Code, is amend- ed by striking ‘‘vice admiral’’ and inserting ‘‘ad- the following: (e) ICEBREAKERS.— ‘‘(D) the results during test and evaluation miral’’. (1) ICEBREAKING ON THE GREAT LAKES.—For that will be required to demonstrate that a ca- (c) CONFORMING AMENDMENT.—Section 51 of fiscal years 2016 and 2017, the Commandant of pability, asset, or subsystem meets performance the Coast Guard may use funds made available title 14, United States Code, is amended— (1) in subsection (a) by inserting ‘‘admiral or’’ requirements;’’. pursuant to section 2702(2) of title 14, United (b) CAPITAL INVESTMENT PLAN.—Section 2902 before ‘‘vice admiral,’’; States Code (as added by subsection (a) of this of title 14, United States Code, as redesignated (2) in subsection (b) by inserting ‘‘admiral or’’ section) for the selection of a design for and the and otherwise amended by this Act, is further before ‘‘vice admiral,’’ each place it appears; construction of an icebreaker that is capable of amended— buoy tending to enhance icebreaking capacity and (1) in subsection (a)(1)— on the Great Lakes. (3) in subsection (c) by inserting ‘‘admiral or’’ (A) in subparagraph (B), by striking ‘‘comple- (2) POLAR ICEBREAKING.—Of the amounts au- before ‘‘vice admiral,’’. tion;’’ and inserting ‘‘completion based on the thorized to be appropriated under section 2702(2) SEC. 202. VICE ADMIRALS. proposed appropriations included in the budg- of title 14, United States Code, as amended by Section 50 of title 14, United States Code, is et;’’; and subsection (a), there is authorized to be appro- amended— (B) in subparagraph (D), by striking ‘‘at the priated to the Coast Guard $4,000,000 for fiscal (1) in subsection (a)— projected funding levels;’’ and inserting ‘‘based year 2016 and $10,000,000 for fiscal year 2017 for (A) by striking paragraph (1) and inserting on the proposed appropriations included in the preacquisition activities for a new polar ice- the following: budget;’’; and

VerDate Sep 11 2014 04:39 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 6333 E:\CR\FM\A01FE7.036 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H405 (2) by redesignating subsection (b) as sub- ‘‘(B) acquire related command, control, com- Transportation Act of 2012 (Public Law 112–213; section (c), and inserting after subsection (a) the munications, computer, intelligence, surveil- 126 Stat. 1560) is amended— following: lance, and reconnaissance systems; and (1) by amending subsection (a) to read as fol- ‘‘(b) NEW CAPITAL ASSETS.—In the fiscal year ‘‘(C) acquire, construct, or renovate shoreside lows: following each fiscal year for which appropria- infrastructure. ‘‘(a) IN GENERAL.—Not later than 1 year after tions are enacted for a new capital asset, the re- ‘‘(f) QUARTERLY UPDATES ON RISKS OF PRO- the date of the enactment of the Coast Guard port submitted under subsection (a) shall in- GRAMS.— Authorization Act of 2015, the Secretary of the clude— ‘‘(1) IN GENERAL.—Not later than 15 days after department in which the Coast Guard is oper- ‘‘(1) an estimated life-cycle cost estimate for the end of each fiscal year quarter, the Com- ating shall— the new capital asset; mandant of the Coast Guard shall submit to the ‘‘(1) complete a materiel condition assessment ‘‘(2) an assessment of the impact the new cap- committees of Congress specified in subsection with respect to the Polar Sea; ital asset will have on— (a) an update setting forth a current assessment ‘‘(2) make a determination of whether it is ‘‘(A) delivery dates for each capital asset; of the risks associated with all current major ac- cost effective to reactivate the Polar Sea com- ‘‘(B) estimated completion dates for each cap- quisition programs. pared with other options to provide icebreaking ital asset; ‘‘(2) ELEMENTS.—Each update under this sub- services as part of a strategy to maintain polar ‘‘(C) the total estimated cost to complete each section shall set forth, for each current major icebreaking services; and capital asset; and acquisition program, the following: ‘‘(3) submit to the Committee on Transpor- ‘‘(D) other planned construction or improve- ‘‘(A) The top five current risks to such pro- tation and Infrastructure and the Committee on ment projects; and gram. Science, Space, and Technology of the House of ‘‘(3) recommended funding levels for each cap- ‘‘(B) Any failure of such program to dem- Representatives and the Committee on Com- ital asset necessary to meet the estimated com- onstrate a key performance parameter or thresh- merce, Science, and Transportation of the Sen- pletion dates and total estimated costs included old during operational test and evaluation con- ate— in the such asset’s approved acquisition pro- ducted during the fiscal year quarter preceding ‘‘(A) the assessment required under paragraph gram baseline.’’; and such update. (1); and (3) by amending subsection (c), as so redesig- ‘‘(C) Whether there has been any decision ‘‘(B) written notification of the determination nated, to read as follows: during such fiscal year quarter to order full-rate required under paragraph (2).’’; ‘‘(c) DEFINITIONS.—In this section— production before all key performance param- ‘‘(1) the term ‘unfunded priority’ means a pro- (2) in subsection (b) by striking ‘‘analysis’’ eters or thresholds are met. gram or mission requirement that— and inserting ‘‘written notification’’; ‘‘(D) Whether there has been any breach of ‘‘(A) has not been selected for funding in the (3) by striking subsection (c); major acquisition program cost (as defined by applicable proposed budget; (4) by redesignating subsections (d) through ‘‘(B) is necessary to fulfill a requirement asso- the Major Systems Acquisition Manual) during (h) as subsections (c) through (g), respectively; ciated with an operational need; and such fiscal year quarter. (5) in subsection (c) (as redesignated by para- ‘‘(C) the Commandant would have rec- ‘‘(E) Whether there has been any breach of graph (4) of this section)— ommended for inclusion in the applicable pro- major acquisition program schedule (as so de- (A) in paragraph (1)— posed budget had additional resources been fined) during such fiscal year quarter.’’. (i) in subparagraph (A) by striking ‘‘based on available or had the requirement emerged before SEC. 205. AUXILIARY JURISDICTION. the analysis required’’; and the budget was submitted; and (a) IN GENERAL.—Section 822 of title 14, (ii) in subparagraph (C) by striking ‘‘anal- ‘‘(2) the term ‘new capital asset’ means— United States Code, is amended— ysis’’ and inserting ‘‘written notification’’; ‘‘(A) an acquisition program that does not (1) by striking ‘‘The purpose’’ and inserting (B) in paragraph (2)— have an approved acquisition program baseline; the following: (i) by striking ‘‘analysis’’ each place it ap- or ‘‘(a) IN GENERAL.—The purpose’’; and pears and inserting ‘‘written notification’’; ‘‘(B) the acquisition of a capital asset in ex- (2) by adding at the end the following: (ii) by striking ‘‘subsection (a)’’ and inserting cess of the number included in the approved ac- ‘‘(b) LIMITATION.—The Auxiliary may conduct ‘‘subsection (a)(3)(B)’’; quisition program baseline.’’. a patrol of a waterway, or a portion thereof, (iii) by striking ‘‘subsection (c)’’ each place it (c) DAYS AWAY FROM HOMEPORT.—Not later only if— appears and inserting ‘‘that subsection’’; and than 1 year after the date of the enactment of ‘‘(1) the Commandant has determined such (iv) by striking ‘‘under subsection (a)(5)’’; and this Act, the Commandant of the Coast Guard waterway, or portion thereof, is navigable for (C) in paragraph (3)— shall— purposes of the jurisdiction of the Coast Guard; (i) by striking ‘‘in the analysis submitted (1) implement a standard for tracking oper- or under this section’’; ational days at sea for Coast Guard cutters that ‘‘(2) a State or other proper authority has re- (ii) by striking ‘‘(a)(5)’’ and inserting ‘‘(a)’’; does not include days during which such cutters quested such patrol pursuant to section 141 of (iii) by striking ‘‘then’’ and all that follows are undergoing maintenance or repair; and this title or section 13109 of title 46.’’. through ‘‘(A)’’ and inserting ‘‘then’’; (2) notify the Committee on Transportation (b) NOTIFICATION.—The Commandant of the (iv) by striking ‘‘; or’’ and inserting a period; and Infrastructure of the House of Representa- Coast Guard shall— and tives and the Committee on Commerce, Science, (1) review the waterways patrolled by the (v) by striking subparagraph (B); and and Transportation of the Senate of the stand- Coast Guard Auxiliary in the most recently com- (6) in subsection (d) (as redesignated by para- ard implemented under paragraph (1). pleted fiscal year to determine whether such wa- graph (4) of this subsection) by striking ‘‘in sub- (d) FIXED WING AIRCRAFT FLEET MIX ANAL- terways are eligible or ineligible for patrol under section (d)’’ and inserting ‘‘in subsection (c)’’. YSIS.—Not later than September 30, 2016, the section 822(b) of title 14, United States Code (as SEC. 208. AIR FACILITY CLOSURES. Commandant of the Coast Guard shall submit to added by subsection (a)); and (a) IN GENERAL.—Chapter 17 of title 14, the Committee on Transportation and Infra- (2) not later than 180 days after the date of United States Code, is amended by inserting structure of the House of Representatives and the enactment of this Act, provide to the Com- after section 676 the following: the Committee on Commerce, Science, and mittee on Transportation and Infrastructure of ‘‘§ 676a. Air facility closures Transportation of the Senate a revised fleet mix the House of Representatives and the Committee ‘‘(a) PROHIBITION.— analysis of Coast Guard fixed wing aircraft. on Commerce, Science, and Transportation of ‘‘(1) IN GENERAL.—The Coast Guard may (e) LONG-TERM MAJOR ACQUISITIONS PLAN.— the Senate a written notification of— not— Section 2903 of title 14, United States Code, as (A) any waterways determined ineligible for ‘‘(A) close a Coast Guard air facility that was redesignated and otherwise amended by this patrol under paragraph (1); and in operation on November 30, 2014; or Act, is further amended— (B) the actions taken by the Commandant to ‘‘(B) retire, transfer, relocate, or deploy an (1) by redesignating subsection (e) as sub- ensure Auxiliary patrols do not occur on such aviation asset from an air facility described in section (g); and waterways. (2) by inserting after subsection (d) the fol- subparagraph (A) for the purpose of closing SEC. 206. COAST GUARD COMMUNITIES. such facility. lowing: Section 409 of the Coast Guard Authorization ‘‘(e) LONG-TERM MAJOR ACQUISITIONS PLAN.— ‘‘(2) SUNSET.—Paragraph (1) shall have no Act of 1998 (14 U.S.C. 639 note) is amended in Each report under subsection (a) shall include a force or effect beginning on the later of— the second sentence by striking ‘‘90 days’’ and plan that describes for the upcoming fiscal year, ‘‘(A) January 1, 2018; or inserting ‘‘30 days’’. and for each of the 20 fiscal years thereafter— ‘‘(B) the date on which the Secretary submits ‘‘(1) the numbers and types of cutters and air- SEC. 207. POLAR ICEBREAKERS. to the Committee on Transportation and Infra- craft to be decommissioned; (a) INCREMENTAL FUNDING AUTHORITY FOR structure of the House of Representatives, and ‘‘(2) the numbers and types of cutters and air- POLAR ICEBREAKERS.—In fiscal year 2016 and to the Committee on Commerce, Science, and craft to be acquired to— each fiscal year thereafter, the Commandant of Transportation of the Senate, rotary wing stra- ‘‘(A) replace the cutters and aircraft identified the Coast Guard may enter into a contract or tegic plans prepared in accordance with section under paragraph (1); or contracts for the acquisition of polar icebreakers 208(b) of the Coast Guard Authorization Act of ‘‘(B) address an identified capability gap; and and associated equipment using incremental 2015. ‘‘(3) the estimated level of funding in each fis- funding. ‘‘(b) CLOSURES.— cal year required to— (b) ‘‘POLAR SEA’’ MATERIEL CONDITION AS- ‘‘(1) IN GENERAL.—Beginning on January 1, ‘‘(A) acquire the cutters and aircraft identi- SESSMENT AND SERVICE LIFE EXTENSION.—Sec- 2018, the Secretary may not close a Coast Guard fied under paragraph (2); tion 222 of the Coast Guard and Maritime air facility, except as specified by this section.

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‘‘(2) DETERMINATIONS.—The Secretary may (iii) to ensure the operational posture of Coast (11) in section 691(c)(3), by striking ‘‘state’’ not propose closing or terminating operations at Guard units. and inserting ‘‘State’’; a Coast Guard air facility unless the Secretary (B) ROTARY WING REPLACEMENT CAPITAL IN- (12) in the analysis for chapter 21— determines that— VESTMENT PLAN.— (A) by striking the item relating to section 709 ‘‘(A) remaining search and rescue capabilities (i) IN GENERAL.—Not later than 2 years after and inserting the following: maintain the safety of the maritime public in the the date of enactment of this Act, the Secretary ‘‘709. Reserve student aviation pilots; Reserve area of the air facility; of the department in which the Coast Guard is aviation pilots; appointments in ‘‘(B) regional or local prevailing weather and operating shall develop and submit to the Com- commissioned grade.’’; marine conditions, including water temperatures mittee on Transportation and Infrastructure of and or unusual tide and current conditions, do not the House of Representatives and the Committee (B) by striking the item relating to section 740 require continued operation of the air facility; on Commerce, Science, and Transportation of and inserting the following: and the Senate a capital investment plan for the ac- ‘‘740. Failure of selection and removal from an ‘‘(C) Coast Guard search and rescue stand- quisition of new rotary wing airframes to re- active status.’’; ards related to search and response times are place the Coast Guard’s legacy helicopters and (13) in section 742(c), by striking ‘‘subsection’’ met. fulfil all existing mission requirements. ‘‘(3) PUBLIC NOTICE AND COMMENT.—Prior to and inserting ‘‘subsections’’; (ii) REQUIREMENTS.—The plan developed (14) in section 821(b)(1), by striking ‘‘Chapter closing an air facility, the Secretary shall pro- under this subparagraph shall provide— vide opportunities for public comment, including 26’’ and inserting ‘‘Chapter 171’’; and (I) a total estimated cost for completion; (15) in section 823a(b)(1), by striking ‘‘Chapter the convening of public meetings in communities (II) a timetable for completion of the acquisi- 26’’ and inserting ‘‘Chapter 171’’. in the area of responsibility of the air facility tion project and phased in transition to new air- with regard to the proposed closure or cessation SEC. 210. DISCONTINUANCE OF AN AID TO NAVI- frames; and GATION. of operations at the air facility. (III) projected annual funding levels for each (a) IN GENERAL.—Not later than 180 days ‘‘(4) NOTICE TO CONGRESS.—Prior to closure, fiscal year. after the date of the enactment of this Act, the cessation of operations, or any significant re- (c) TECHNICAL AND CONFORMING AMEND- duction in personnel and use of a Coast Guard Secretary of the department in which the Coast MENTS.— Guard is operating shall establish a process for air facility that is in operation on or after De- (1) ANALYSIS FOR CHAPTER 17.—The analysis cember 31, 2015, the Secretary shall— the discontinuance of an aid to navigation for chapter 17 of title 14, United States Code, is (other than a seasonal or temporary aid) estab- ‘‘(A) submit to the Congress a proposal for amended by inserting after the item relating to such closure, cessation, or reduction in oper- lished, maintained, or operated by the Coast section 676 the following: ations along with the budget of the President Guard. submitted to Congress under section 1105(a) of ‘‘676a. Air facility closures.’’. (b) REQUIREMENT.—The process established title 31 for the fiscal year in which the action (2) REPEAL OF PROHIBITION.—Section 225 of under subsection (a) shall include procedures to will be carried out; and the Howard Coble Coast Guard and Maritime notify the public of any discontinuance of an ‘‘(B) not later than 7 days after the date a Transportation Act of 2014 (Public Law 113–281; aid to navigation described in that subsection. proposal for an air facility is submitted pursu- 128 Stat. 3022) is amended— (c) CONSULTATION.—In establishing a process ant to subparagraph (A), provide written notice (A) by striking subsection (b); and under subsection (a), the Secretary shall consult of such proposal to each of the following: (B) by striking ‘‘(a) IN GENERAL.—’’. with and consider any recommendations of the ‘‘(i) Each member of the House of Representa- SEC. 209. TECHNICAL CORRECTIONS TO TITLE 14, Navigation Safety Advisory Council. tives who represents a district in which the air UNITED STATES CODE. (d) NOTIFICATION.—Not later than 30 days facility is located. Title 14, United States Code, as amended by after establishing a process under subsection ‘‘(ii) Each member of the Senate who rep- this Act, is further amended— (a), the Secretary shall notify the Committee on resents a State in which the air facility is lo- (1) in the analysis for part I, by striking the Transportation and Infrastructure of the House cated. item relating to chapter 19 and inserting the fol- of Representatives and the Committee on Com- ‘‘(iii) Each member of the House of Represent- lowing: merce, Science, and Transportation of the Sen- atives who represents a district in which assets ate of the process established. ‘‘19. Environmental Compliance and of the air facility conduct search and rescue op- Restoration Program ...... 690’’; SEC. 211. MISSION PERFORMANCE MEASURES. erations. Not later than 1 year after the date of the en- (2) in section 46(a), by striking ‘‘subsection’’ ‘‘(iv) Each member of the Senate who rep- actment of this Act, the Comptroller General of and inserting ‘‘section’’; resents a State in which assets of the air facility the United States shall submit to the Committee (3) in section 47, in the section heading by conduct search and rescue operations. on Transportation and Infrastructure and the striking ‘‘commandant’’ and inserting ‘‘Com- ‘‘(v) The Committee on Appropriations of the Committee on Homeland Security of the House mandant’’; House of Representatives. of Representatives and the Committee on Com- ‘‘(vi) The Committee on Transportation and (4) in section 93(f), by striking paragraph (2) merce, Science, and Transportation of the Sen- Infrastructure of the House of Representatives. and inserting the following: ate an assessment of the efficacy of the Coast ‘‘(vii) The Committee on Appropriations of the ‘‘(2) LIMITATION.—The Commandant may Senate. lease submerged lands and tidelands under Guard’s Standard Operational Planning Process ‘‘(viii) The Committee on Commerce, Science, paragraph (1) only if— with respect to annual mission performance and Transportation of the Senate. ‘‘(A) the lease is for cash exclusively; measures. ‘‘(c) OPERATIONAL FLEXIBILITY.—The Sec- ‘‘(B) the lease amount is equal to the fair mar- SEC. 212. COMMUNICATIONS. retary may implement any reasonable manage- ket value of the use of the leased submerged (a) IN GENERAL.—If the Secretary of Home- ment efficiencies within the air station and air lands or tidelands for the period during which land Security determines that there are at least facility network, such as modifying the oper- such lands are leased, as determined by the two communications systems described under ational posture of units or reallocating resources Commandant; paragraph (1)(B) and certified under paragraph as necessary to ensure the safety of the maritime ‘‘(C) the lease does not provide authority to or (2), the Secretary shall establish and carry out public nationwide.’’. commit the Coast Guard to use or support any a pilot program across not less than three com- (b) ROTARY WING STRATEGIC PLANS.— improvements to such submerged lands and tide- ponents of the Department of Homeland Secu- (1) IN GENERAL.—The Secretary of the depart- lands, or obtain goods and services from the les- rity to assess the effectiveness of a communica- ment in which the Coast Guard is operating see; and tions system that— shall prepare the plans specified in paragraph ‘‘(D) proceeds from the lease are deposited in (1) provides for— (2) to adequately address contingencies arising the Coast Guard Housing Fund established (A) multiagency collaboration and interoper- from potential future aviation casualties or the under section 687.’’; ability; and planned or unplanned retirement of rotary wing (5) in the analysis for chapter 9, by striking (B) wide-area, secure, and peer-invitation- airframes to avoid to the greatest extent prac- the item relating to section 199 and inserting the and-acceptance-based multimedia communica- ticable any substantial gap or diminishment in following: tions; Coast Guard operational capabilities. ‘‘199. Marine safety curriculum.’’; (2) is certified by the Department of Defense (2) ROTARY WING STRATEGIC PLANS.— Joint Interoperability Test Center; and (6) in section 427(b)(2), by striking ‘‘this chap- (A) ROTARY WING CONTINGENCY PLAN.—Not (3) is composed of commercially available, off- ter’’ and inserting ‘‘chapter 61 of title 10’’; later than 1 year after the date of enactment of the-shelf technology. (7) in the analysis for chapter 15 before the this Act, the Secretary of the department in (b) ASSESSMENT.—Not later than 6 months item relating to section 571, by striking the fol- which the Coast Guard is operating shall de- after the date on which the pilot program is lowing: velop and submit to the Committee on Transpor- completed, the Secretary shall submit to the tation and Infrastructure of the House of Rep- ‘‘Sec.’’; Committee on Transportation and Infrastruc- resentatives and the Committee on Commerce, (8) in section 581(5)(B), by striking ture and the Committee on Homeland Security Science, and Transportation of the Senate a ‘‘$300,000,0000,’’ and inserting ‘‘$300,000,000,’’; of the House of Representatives and the Com- contingency plan— (9) in section 637(c)(3), in the matter preceding mittee on Commerce, Science, and Transpor- (i) to address the planned or unplanned losses subparagraph (A) by inserting ‘‘it is’’ before tation and the Committee Homeland Security of rotary wing airframes; ‘‘any’’; and Governmental Affairs of the Senate an as- (ii) to reallocate resources as necessary to en- (10) in section 641(d)(3), by striking ‘‘Guard, sessment of the pilot program, including the im- sure the safety of the maritime public nation- installation’’ and inserting ‘‘Guard installa- pacts of the program with respect to interagency wide; and tion’’; and Coast Guard response capabilities.

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(c) STRATEGY.—The pilot program shall be Congress and offer that training course at least (A) An assessment of the feasibility of— consistent with the strategy required by the De- once each year. (i) all officers (other than officers covered by partment of Homeland Security Interoperable ‘‘(b) COURSE SUBJECT MATTER.—The training section 429(a) of title 14, United States Code, as Communications Act (Public Law 114–29). course required by this section shall provide an amended by this section) completing a (d) TIMING.—The pilot program shall com- overview and introduction to the Congress and multirater assessment; mence within 90 days after the date of the en- the Federal legislative process, including— (ii) all members (other than officers covered by actment of this Act or within 60 days after the ‘‘(1) the history and structure of the Congress such section) in command positions completing a completion of the strategy required by the De- and the committee systems of the House of Rep- multirater assessment; partment of Homeland Security Interoperable resentatives and the Senate, including the func- (iii) all enlisted members in a supervisory posi- Communications Act (Public Law 114–29), tions and responsibilities of the Committee on tion completing a multirater assessment; and whichever is later. Transportation and Infrastructure of the House (iv) members completing periodic multirater assessments. SEC. 213. COAST GUARD GRADUATE MARITIME of Representatives and the Committee on Com- OPERATIONS EDUCATION. merce, Science, and Transportation of the Sen- (B) Such recommendations as the Com- mandant considers appropriate for the imple- Not later than 1 year after the date of the en- ate; mentation or expansion of a multirater assess- actment of this Act, the Secretary of the depart- ‘‘(2) the documents produced by the Congress, ment in the personnel development programs of ment in which the Coast Guard is operating including bills, resolutions, committee reports, the Coast Guard. shall establish an education program, for mem- and conference reports, and the purposes and (C) An overview of each of the current leader- bers and employees of the Coast Guard, that— functions of those documents; ship development courses of the Coast Guard, (1) offers a master’s degree in maritime oper- ‘‘(3) the legislative processes and rules of the an assessment of the feasibility of the expansion ations; House of Representatives and the Senate, in- of any such course, and a description of the re- (2) is relevant to the professional development cluding similarities and differences between the sources, if any, required to expand such courses. of such members and employees; two processes and rules, including— (D) An assessment on the state of leadership (3) provides resident and distant education ‘‘(A) the congressional budget process; training in the Coast Guard, and recommenda- options, including the ability to utilize both op- ‘‘(B) the congressional authorization and ap- tions on the implementation of a policy to pre- tions; and propriation processes; vent leadership that has adverse effects on sub- (4) to the greatest extent practicable, is con- ‘‘(C) the Senate advice and consent process ordinates, the organization, or mission perform- ducted using existing academic programs at an for Presidential nominees; ance, including— ‘‘(D) the Senate advice and consent process accredited public academic institution that— (i) a description of methods that will be used (A) is located near a significant number of for treaty ratification; by the Coast Guard to identify, monitor, and Coast Guard, maritime, and other Department ‘‘(4) the roles of Members of Congress and counsel individuals whose leadership may have of Homeland Security law enforcement per- congressional staff in the legislative process; adverse effects on subordinates, the organiza- sonnel; and and tion, or mission performance; (B) has an ability to simulate operations nor- ‘‘(5) the concept and underlying purposes of (ii) the implementation of leadership recogni- mally conducted at a command center. congressional oversight within our governance tion training to recognize such leadership in SEC. 214. PROFESSIONAL DEVELOPMENT. framework of separation of powers. one’s self and others; (a) MULTIRATER ASSESSMENT.— ‘‘(c) LECTURERS AND PANELISTS.— (iii) the establishment of procedures for the (1) IN GENERAL.—Chapter 11 of title 14, United ‘‘(1) OUTSIDE EXPERTS.—The Commandant administrative separation of leaders whose lead- States Code, is amended by inserting after sec- shall ensure that not less than 60 percent of the ership may have adverse effects on subordi- tion 428 the following: lecturers, panelists, and other individuals pro- nates, the organization, or mission performance; viding education and instruction as part of the ‘‘§ 429. Multirater assessment of certain per- and training course required by this section are ex- sonnel (iv) a description of the resources needed to perts on the Congress and the Federal legislative implement this subsection. ‘‘(a) MULTIRATER ASSESSMENT OF CERTAIN process who are not employed by the executive PERSONNEL.— SEC. 215. SENIOR ENLISTED MEMBER CONTINU- branch of the Federal Government. ATION BOARDS. ‘‘(1) IN GENERAL.—Commencing not later than ‘‘(2) AUTHORITY TO ACCEPT PRO BONO SERV- (a) IN GENERAL.—Section 357 of title 14, one year after the date of the enactment of the ICES.—In satisfying the requirement under para- Coast Guard Authorization Act of 2015, the United States Code, is amended— graph (1), the Commandant shall seek, and may (1) by striking subsections (a) through (h) and Commandant of the Coast Guard shall develop accept, educational and instructional services of subsection (j); and and implement a plan to conduct every two lecturers, panelists, and other individuals and (2) in subsection (i), by striking ‘‘(i)’’. years a multirater assessment for each of the organizations provided to the Coast Guard on a (b) CONFORMING AND CLERICAL AMEND- following: pro bono basis. MENTS.— ‘‘(A) Each flag officer of the Coast Guard. ‘‘(d) COMPLETION OF REQUIRED TRAINING.— (1) HEADING AMENDMENT.—The heading of ‘‘(B) Each member of the Senior Executive ‘‘(1) CURRENT FLAG OFFICERS AND EMPLOY- such section is amended to read as follows: Service of the Coast Guard. EES.—A Coast Guard flag officer appointed or ‘‘(C) Each officer of the Coast Guard nomi- ‘‘§ 357. Retirement of enlisted members: in- assigned to a billet in the National Capital Re- crease in retired pay’’ nated for promotion to the grade of flag officer. gion on the date of the enactment of this sec- ‘‘(2) POST-ASSESSMENT ELEMENTS.—Following (2) CLERICAL AMENDMENT.—The analysis at tion, and a Coast Guard Senior Executive Serv- the beginning of chapter 11 of such title is an assessment of an individual pursuant to ice employee employed in the National Capital paragraph (1), the individual shall be provided amended by striking the item relating to such Region on the date of the enactment of this sec- section and inserting the following: appropriate post-assessment counseling and tion, shall complete a training course that meets ‘‘357. Retirement of enlisted members: increase leadership coaching. the requirements of this section within 60 days ‘‘(b) MULTIRATER ASSESSMENT DEFINED.—In in retired pay.’’. after the date on which the Commandant com- this section, the term ‘multirater assessment’ pletes the development of the training course. SEC. 216. COAST GUARD MEMBER PAY. means a review that seeks opinion from members ‘‘(2) NEW FLAG OFFICERS AND EMPLOYEES.—A (a) ANNUAL AUDIT OF PAY AND ALLOWANCES senior to the reviewee and the peers and subor- Coast Guard flag officer who is newly appointed OF MEMBERS UNDERGOING PERMANENT CHANGE dinates of the reviewee.’’. or assigned to a billet in the National Capital OF STATION.— (2) CLERICAL AMENDMENT.—The analysis at Region, and a Coast Guard Senior Executive (1) IN GENERAL.—Chapter 13 of title 14, United the beginning of such chapter is amended by in- Service employee who is newly employed in the States Code, is amended by adding at the end serting after the item related to section 428 the National Capital Region, shall complete a train- the following: following: ing course that meets the requirements of this ‘‘§ 519. Annual audit of pay and allowances of ‘‘429. Multirater assessment of certain per- section not later than 60 days after reporting for members undergoing permanent change of sonnel.’’. duty.’’. station (b) TRAINING COURSE ON WORKINGS OF CON- (2) CLERICAL AMENDMENT.—The analysis at ‘‘The Commandant shall conduct each cal- GRESS.— the beginning of such chapter is amended by endar year an audit of member pay and allow- (1) IN GENERAL.—Chapter 3 of title 14, United adding at the end the following: ances for the members who transferred to new States Code, is amended by adding at the end ‘‘60. Training course on workings of Congress.’’. units during such calendar year. The audit for the following: (c) REPORT ON LEADERSHIP DEVELOPMENT.— a calendar year shall be completed by the end of ‘‘§ 60. Training course on workings of Con- (1) IN GENERAL.—Not later than 180 days after the calendar year.’’. gress the date of the enactment of this Act, the Com- (2) CLERICAL AMENDMENT.—The analysis at ‘‘(a) IN GENERAL.—Not later than 180 days mandant of the Coast Guard shall submit to the the beginning of such chapter is amended by after the date of the enactment of the Coast Committee on Commerce, Science, and Transpor- adding at the end the following: Guard Authorization Act of 2015, the Com- tation of the Senate and the Committee on ‘‘519. Annual audit of pay and allowances of mandant, in consultation with the Super- Transportation and Infrastructure of the House members undergoing permanent intendent of the Coast Guard Academy and of Representatives a report on Coast Guard change of station.’’. such other individuals and organizations as the leadership development. (b) REPORT.—Not later than 180 days after the Commandant considers appropriate, shall de- (2) CONTENTS.—The report shall include the date of the enactment of this Act, the Com- velop a training course on the workings of the following: mandant of the Coast Guard shall submit to the

VerDate Sep 11 2014 04:39 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 6333 E:\CR\FM\A01FE7.036 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H408 CONGRESSIONAL RECORD — HOUSE February 1, 2016 Committee on Commerce, Science, and Transpor- the Commandant may enter into a contract or the case of a member of the Coast Guard, a dis- tation of the Senate and the Committee on cooperative agreement under paragraph (1)(A) ability under section 1413a(e)(2)(B) of title 10, Transportation and Infrastructure of the House on a sole-source basis. United States Code, includes a disability in- of Representatives a report on alternative meth- ‘‘(3) MAINTAINING FAIRNESS, OBJECTIVITY, AND curred during aviation duty, diving duty, rescue ods for notifying members of the Coast Guard of INTEGRITY.—The Commandant shall ensure that swimmer or similar duty, and hazardous service their monthly earnings. The report shall in- contributions under this subsection do not— duty onboard a small vessel (such as duty as a clude— ‘‘(A) reflect unfavorably on the ability of the surfman)— (1) an assessment of the feasibility of pro- Coast Guard, any of its employees, or any mem- (A) in the performance of duties for which viding members a monthly notification of their ber of the armed forces to carry out any respon- special or incentive pay was paid pursuant to earnings, categorized by pay and allowance sibility or duty in a fair and objective manner; section 301, 301a, 304, 307, 334, or 351 of title 37, type; and or United States Code; (2) a description and assessment of mecha- ‘‘(B) compromise the integrity or appearance (B) in the performance of duties related to a nisms that may be used to provide members with of integrity of any program of the Coast Guard, statutory mission of the Coast Guard under notification of their earnings, categorized by or any individual involved in such a program. paragraph (1) or paragraph (2) of section 888(a) pay and allowance type. ‘‘(4) LIMITATION.—For purposes of this sub- of the Homeland Security Act of 2002 (6 U.S.C. section, employees or personnel of a qualified SEC. 217. TRANSFER OF FUNDS NECESSARY TO 468(a)), including— PROVIDE MEDICAL CARE. organization shall not be employees of the (i) law enforcement, including drug or mi- (a) TRANSFER REQUIRED.—In lieu of the reim- United States. grant interdiction; bursement required under section 1085 of title 10, ‘‘(5) QUALIFIED ORGANIZATION DEFINED.—In (ii) defense readiness; or United States Code, the Secretary of Homeland this subsection the term ‘qualified organization’ (iii) search and rescue; or Security shall transfer to the Secretary of De- means an organization— (C) while engaged in a training exercise for ‘‘(A) described under section 501(c)(3) of the fense an amount that represents the actuarial the performance of a duty described in subpara- Internal Revenue Code of 1986 and exempt from valuation of treatment or care— graphs (A) and (B). taxation under section 501(a) of that Code; and (1) that the Department of Defense shall pro- (b) APPLICABILITY OF PROCEDURES AND CRI- ‘‘(B) established by the Coast Guard Academy vide to members of the Coast Guard, former TERIA.—The procedures and criteria issued pur- Alumni Association solely for the purpose of members of the Coast Guard, and dependents of suant to subsection (a) shall apply to disabilities supporting academic research and applying for such members and former members (other than described in that subsection that are incurred and administering Federal, State, or other edu- former members and dependents of former mem- on or after the effective date provided in section cational research grants on behalf of the Coast bers who are a Medicare-eligible beneficiary or 636(a)(2) of the Bob Stump National Defense Guard Academy.’’. for whom the payment for treatment or care is Authorization Act for Fiscal Year 2003 (Public made from the Medicare-Eligible Retiree Health SEC. 219. NATIONAL COAST GUARD MUSEUM. Law 107–314; 116 Stat. 2574; 10 U.S.C. 1413a Section 98(b) of title 14, United States Code, is Care Fund) at facilities under the jurisdiction of note). amended— the Department of Defense or a military depart- (c) REAPPLICATION FOR COMPENSATION.—Any (1) in paragraph (1), by striking ‘‘any appro- member of the Coast Guard who was denied ment; and priated Federal funds for’’ and insert ‘‘any (2) for which a reimbursement would other- combat-related special compensation under sec- funds appropriated to the Coast Guard on’’; and tion 1413a of title 10, United States Code, during wise be made under section 1085. (2) in paragraph (2), by striking ‘‘artifacts.’’ (b) AMOUNT.—The amount transferred under the period beginning on the effective date speci- and inserting ‘‘artifacts, including the design, fied in subsection (b) and ending on the date of subsection (a) shall be— fabrication, and installation of exhibits or dis- (1) in the case of treatment or care to be pro- the issuance of the procedures and criteria re- plays in which such artifacts are included.’’. vided to members of the Coast Guard and their quired by subsection (a) may reapply for com- dependents, derived from amounts appropriated SEC. 220. INVESTIGATIONS. bat-related special compensation under such (a) IN GENERAL.—Chapter 11 of title 14, for the operating expenses of the Coast Guard; section on the basis of such procedures and cri- (2) in the case of treatment or care to be pro- United States Code, is further amended by add- teria in accordance with such procedures as the vided former members of the Coast Guard and ing at the end the following: Secretary of the department in which the Coast their dependents, derived from amounts appro- ‘‘§ 430. Investigations of flag officers and Sen- Guard is operating shall specify. priated for retired pay; ior Executive Service employees SEC. 222. LEAVE POLICIES FOR THE COAST (3) determined under procedures established ‘‘In conducting an investigation into an alle- GUARD. by the Secretary of Defense; gation of misconduct by a flag officer or member (a) IN GENERAL.—Chapter 11 of title 14, (4) transferred during the fiscal year in which of the Senior Executive Service serving in the United States Code, is further amended by in- treatment or care is provided; and Coast Guard, the Inspector General of the De- serting after section 430 the following: (5) subject to adjustment or reconciliation as partment of Homeland Security shall— ‘‘§ 431. Leave policies for the Coast Guard the Secretaries determine appropriate during or ‘‘(1) conduct the investigation in a manner ‘‘Not later than 1 year after the date on which promptly after such fiscal year in cases in which consistent with Department of Defense policies the Secretary of the Navy promulgates a new the amount transferred is determined excessive for such an investigation; and rule, policy, or memorandum pursuant to sec- or insufficient based on the services actually ‘‘(2) consult with the Inspector General of the tion 704 of title 10, United States Code, with re- provided. Department of Defense.’’. spect to leave associated with the birth or adop- (c) NO TRANSFER WHEN SERVICE IN NAVY.—No (b) CLERICAL AMENDMENT.—The analysis at tion of a child, the Secretary of the department transfer shall be made under this section for the beginning of such chapter is further amend- in which the Coast Guard is operating shall pro- any period during which the Coast Guard oper- ed by inserting after the item related to section mulgate a similar rule, policy, or memorandum ates as a service in the Navy. 429 the following: that provides leave to officers and enlisted mem- (d) RELATIONSHIP TO TRICARE.—This section ‘‘430. Investigations of flag officers and Senior bers of the Coast Guard that is equal in dura- shall not be construed to require a payment for, Executive Service employees.’’. tion and compensation to that provided by the or the transfer of an amount that represents the SEC. 221. CLARIFICATION OF ELIGIBILITY OF Secretary of the Navy.’’. value of, treatment or care provided under any MEMBERS OF THE COAST GUARD (b) CLERICAL AMENDMENT.—The analysis at TRICARE program. FOR COMBAT-RELATED SPECIAL COMPENSATION. the beginning of such chapter is further amend- SEC. 218. PARTICIPATION OF THE COAST GUARD ed by inserting after the item related to section ACADEMY IN FEDERAL, STATE, OR (a) CONSIDERATION OF ELIGIBILITY.— OTHER EDUCATIONAL RESEARCH (1) IN GENERAL.—Not later than 90 days after 430 the following: GRANTS. the date of the enactment of this Act, the Sec- ‘‘431. Leave policies for the Coast Guard.’’. Section 196 of title 14, United States Code, is retary of the department is which the Coast TITLE III—SHIPPING AND NAVIGATION Guard is operating shall issue procedures and amended— SEC. 301. SURVIVAL CRAFT. (1) by inserting ‘‘(a) IN GENERAL.—’’ before criteria to use in determining whether the dis- (a) IN GENERAL.—Section 3104 of title 46, the first sentence; and ability of a member of the Coast Guard is a com- United States Code, is amended to read as fol- (2) by adding at the end the following: bat-related disability for purposes of the eligi- lows: ‘‘(b) QUALIFIED ORGANIZATIONS.— bility of such member for combat-related special ‘‘(1) IN GENERAL.—The Commandant of the compensation under section 1413a of title 10, ‘‘§ 3104. Survival craft Coast Guard may— United States Code. Such procedures and cri- ‘‘(a) REQUIREMENT TO EQUIP.—The Secretary ‘‘(A) enter into a contract, cooperative agree- teria shall include the procedures and criteria shall require that a passenger vessel be equipped ment, lease, or licensing agreement with a quali- prescribed by the Secretary of Defense pursuant with survival craft that ensures that no part of fied organization; to subsection (e)(2) of such section. Such proce- an individual is immersed in water, if— ‘‘(B) allow a qualified organization to use, at dures and criteria shall apply in determining ‘‘(1) such vessel is built or undergoes a major no cost, personal property of the Coast Guard; whether the disability of a member of the Coast conversion after January 1, 2016; and and Guard is a combat-related disability for pur- ‘‘(2) operates in cold waters as determined by ‘‘(C) notwithstanding section 93, accept funds, poses of determining the eligibility of such mem- the Secretary. supplies, and services from a qualified organiza- ber for combat-related special compensation ‘‘(b) HIGHER STANDARD OF SAFETY.—The Sec- tion. under such section. retary may revise part 117 or part 180 of title 46, ‘‘(2) SOLE-SOURCE BASIS.—Notwithstanding (2) DISABILITY FOR WHICH A DETERMINATION IS Code of Federal Regulations, as in effect before chapter 65 of title 31 and chapter 137 of title 10, MADE.—For the purposes of this section, and in January 1, 2016, if such revision provides a

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 6333 E:\CR\FM\A01FE7.036 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H409 higher standard of safety than is provided by (A) the number of casualties, by vessel type management plan issued under the Magnuson- the regulations in effect on or before the date of and area of operation, as the result of immer- Stevens Fishery Conservation and Management the enactment of the Coast Guard Authorization sion in water reported to the Coast Guard for Act (16 U.S.C. 1801 et seq.), or in the Pacific Act of 2015. each of the 10 most recent fiscal years for which whiting fishery under the jurisdiction of the Pa- ‘‘(c) INNOVATIVE AND NOVEL DESIGNS.—The such data are available; cific Fishery Management Council and managed Secretary may, in lieu of the requirements set (B) data for each fiscal year on— under a fishery management plan issued under out in part 117 or part 180 of title 46, Code of (i) vessel safety, including stability and safe that Act, and that is replaced by a vessel that Federal Regulations, as in effect on the date of navigation; and is constructed or rebuilt with a loan or loan the enactment of the Coast Guard Authorization (ii) survivability of individuals, including in- guarantee provided by the Federal Government Act of 2015, allow a passenger vessel to be dividuals with disabilities, children, and the el- may not be used to harvest fish in any fishery equipped with a life-saving appliance or ar- derly; under the jurisdiction of any regional fishery rangement of an innovative or novel design (C) the efficacy of alternative safety systems, management council, other than a fishery under that— devices, or measures; and the jurisdiction of the North Pacific Fishery ‘‘(1) ensures no part of an individual is im- (D) any available data on the costs of the Management Council or the Pacific Fishery mersed in water; and amendments and requirements under this sec- Management Council.’’. ‘‘(2) provides an equal or higher standard of tion and section 3104 of title 46, United States SEC. 303. MODEL YEARS FOR RECREATIONAL VES- safety than is provided by such requirements as Code. SELS. in effect before such date of the enactment. SEC. 302. VESSEL REPLACEMENT. (a) IN GENERAL.—Section 4302 of title 46, ‘‘(d) BUILT DEFINED.—In this section, the (a) LOANS AND GUARANTEES.—Chapter 537 of United States Code is amended by adding at the term ‘built’ has the meaning that term has title 46, United States Code, is amended— end the following: under section 4503(e).’’. (1) in section 53701— ‘‘(e)(1) Under this section, a model year for (b) REVIEW; REVISION OF REGULATIONS.— (A) by redesignating paragraphs (8) through recreational vessels and associated equipment (1) REVIEW.—Not later than December 31, (14) as paragraphs (9) through (15), respectively; shall, except as provided in paragraph (2)— 2016, the Secretary of the department in which and ‘‘(A) begin on June 1 of a year and end on the Coast Guard is operating shall submit to the (B) by inserting after paragraph (7) the fol- July 31 of the following year; and Committee on Transportation and Infrastruc- lowing: ‘‘(B) be designated by the year in which it ture of the House of Representatives and the ‘‘(8) HISTORICAL USES.—The term ‘historical ends. Committee on Commerce, Science, and Transpor- uses’ includes— ‘‘(2) Upon the request of a recreational vessel tation of the Senate a review of— ‘‘(A) refurbishing, repairing, rebuilding, or re- manufacturer to which this chapter applies, the (A) the number of casualties for individuals placing equipment on a fishing vessel, without Secretary may alter a model year for a model of with disabilities, children, and the elderly as a materially increasing harvesting capacity; recreational vessel of the manufacturer and as- result of immersion in water, reported to the ‘‘(B) purchasing a used fishing vessel; sociated equipment, by no more than 6 months Coast Guard over the preceding 30-year period, ‘‘(C) purchasing, constructing, expanding, or from the model year described in paragraph by vessel type and area of operation; reconditioning a fishery facility; (1).’’. (B) the risks to individuals with disabilities, ‘‘(D) refinancing existing debt; (b) APPLICATION.—This section shall only children, and the elderly as a result of immer- ‘‘(E) reducing fishing capacity; and apply with respect to recreational vessels and sion in water, by passenger vessel type and area ‘‘(F) making upgrades to a fishing vessel, in- associated equipment constructed or manufac- of operation; cluding upgrades in technology, gear, or equip- tured, respectively, on or after the date of enact- (C) the effect that carriage of survival craft ment of this Act. that ensure that no part of an individual is im- ment, that improve— mersed in water has on— ‘‘(i) collection and reporting of fishery-de- SEC. 304. MERCHANT MARINER CREDENTIAL EX- PIRATION HARMONIZATION. (i) passenger vessel safety, including stability pendent data; (a) IN GENERAL.—Except as provided in sub- and safe navigation; ‘‘(ii) bycatch reduction or avoidance; section (c) and not later than 1 year after the (ii) improving the survivability of individuals, ‘‘(iii) gear selectivity; date of the enactment of this Act, the Secretary including individuals with disabilities, children, ‘‘(iv) adverse impacts caused by fishing gear; of the department in which the Coast Guard is and the elderly; and or (iii) the costs, the incremental cost difference ‘‘(v) safety.’’; and operating shall establish a process to harmonize to vessel operators, and the cost effectiveness of (2) in section 53702(b), by adding at the end the expiration dates of merchant mariner cre- requiring the carriage of such survival craft to the following: dentials, mariner medical certificates, and radar address the risks to individuals with disabilities, ‘‘(3) MINIMUM OBLIGATIONS AVAILABLE FOR observer endorsements for individuals applying children, and the elderly; HISTORIC USES.—Of the direct loan obligations to the Secretary for a new merchant mariner (D) the efficacy of alternative safety systems, issued by the Secretary under this chapter, the credential or for renewal of an existing mer- devices, or measures in improving survivability Secretary shall make a minimum of $59,000,000 chant mariner credential. of individuals with disabilities, children, and available each fiscal year for historic uses. (b) REQUIREMENTS.—The Secretary shall en- the elderly; and ‘‘(4) USE OF OBLIGATIONS IN LIMITED ACCESS sure that the process established under sub- (E) the number of small businesses and non- FISHERIES.—In addition to the other eligible pur- section (a)— profit vessel operators that would be affected by poses and uses of direct loan obligations pro- (1) does not require an individual to renew a requiring the carriage of such survival craft on vided for in this chapter, the Secretary may merchant mariner credential earlier than the passenger vessels to address the risks to individ- issue direct loan obligations for the purpose of— date on which the individual’s current creden- uals with disabilities, children, and the elderly. ‘‘(A) financing the construction or reconstruc- tial expires; and (2) SCOPE.—In conducting the review under tion of a fishing vessel in a fishery managed (2) results in harmonization of expiration paragraph (1), the Secretary shall include an under a limited access system; or dates for merchant mariner credentials, mariner examination of passenger vessel casualties that ‘‘(B) financing the purchase of harvesting medical certificates, and radar observer endorse- have occurred in the waters of other nations. rights in a fishery that is federally managed ments for all individuals by not later than 6 (3) UPDATES.—The Secretary shall update the under a limited access system.’’. years after the date of the enactment of this review required under paragraph (1) every 5 (b) LIMITATION ON APPLICATION TO CERTAIN Act. years. FISHING VESSELS OF PROHIBITION UNDER VESSEL (c) EXCEPTION.—The process established (4) REVISION.—Based on the review conducted CONSTRUCTION PROGRAM.—Section 302(b)(2) of under subsection (a) does not apply to individ- under paragraph (1), including updates thereto, the Fisheries Financing Act (title III of Public uals— the Secretary shall revise regulations concerning Law 104–297; 46 U.S.C. 53706 note) is amended— (1) holding a merchant mariner credential the carriage of survival craft under section (1) in the second sentence— with— 3104(c) of title 46, United States Code. (A) by striking ‘‘or in’’ and inserting ‘‘, in’’; (A) an active Standards of Training, Certifi- (c) GAO STUDY.— and cation, and Watchkeeping endorsement; or (1) IN GENERAL.—Not later than 5 years after (B) by inserting before the period the fol- (B) Federal first-class pilot endorsement; or the date of enactment of this Act, the Comp- lowing: ‘‘, in fisheries that are under the juris- (2) who have been issued a time-restricted troller General of the United States shall com- diction of the North Pacific Fishery Manage- medical certificate. plete and submit to the Committee on Transpor- ment Council and managed under a fishery SEC. 305. SAFETY ZONES FOR PERMITTED MA- tation and Infrastructure of the House of Rep- management plan issued under the Magnuson- RINE EVENTS. resentatives and the Committee on Commerce, Stevens Fishery Conservation and Management Not later than 6 months after the date of the Science, and Transportation of the Senate a re- Act (16 U.S.C. 1801 et seq.), or in the Pacific enactment of this Act, the Secretary of the de- port to determine any adverse or positive whiting fishery that is under the jurisdiction of partment in which the Coast Guard is operating changes in public safety after the implementa- the Pacific Fishery Management Council and shall establish and implement a process to— tion of the amendments and requirements under managed under a fishery management plan (1) account for the number of safety zones es- this section and section 3104 of title 46, United issued under that Act’’; and tablished for permitted marine events; States Code. (2) by adding at the end the following: ‘‘Any (2) differentiate whether the event sponsor (2) REQUIREMENTS.—In completing the report fishing vessel operated in fisheries under the ju- who requested a permit for such an event is— under paragraph (1), the Comptroller General risdiction of the North Pacific Fishery Manage- (A) an individual; shall examine— ment Council and managed under a fishery (B) an organization; or

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(C) a government entity; and (3) ACT OF AUGUST 18, 1894.—Section 5 of the SEC. 309. MERCHANT MARINER MEDICAL CERTIFI- (3) account for Coast Guard resources utilized Act entitled ‘‘An Act making appropriations for CATION REFORM. to enforce safety zones established for permitted the construction, repair, and preservation of (a) IN GENERAL.—Chapter 75 of title 46, marine events, including for— certain public works on rivers and harbors, and United States Code, is amended by adding at the (A) the number of Coast Guard or Coast for other purposes’’, approved August 18, 1894 end the following: Guard Auxiliary vessels used; and (33 U.S.C. 499) is amended by striking ‘‘Sec- ‘‘§ 7509. Medical certification by trusted (B) the number of Coast Guard or Coast retary of Transportation’’ each place it appears agents Guard Auxiliary patrol hours required. and inserting ‘‘Secretary of the department in ‘‘(a) IN GENERAL.—Notwithstanding any other SEC. 306. TECHNICAL CORRECTIONS. which the Coast Guard is operating’’. provision of law and pursuant to regulations (a) TITLE 46.—Title 46, United States Code, is (4) ACT OF JUNE 21, 1940.—The Act of June 21, prescribed by the Secretary, a trusted agent may amended— 1940, popularly known as the Truman-Hobbs issue a medical certificate to an individual (1) in section 103, by striking ‘‘(33 U.S.C. Act, is amended— who— 151).’’ and inserting ‘‘(33 U.S.C. 151(b)).’’; (A) in section 1 (33 U.S.C. 511), by striking ‘‘(1) must hold such certificate to qualify for (2) in section 2118— ‘‘Secretary of Transportation’’ and inserting a license, certificate of registry, or merchant (A) in subsection (a), in the matter preceding ‘‘Secretary of the department in which the mariner’s document, or endorsement thereto paragraph (1), by striking ‘‘title,’’ and inserting Coast Guard is operating’’; under this part; and ‘‘subtitle,’’; and (B) in section 4 (33 U.S.C. 514), by striking ‘‘(2) is qualified as to sight, hearing, and (B) in subsection (b), by striking ‘‘title’’ and ‘‘Secretary of Transportation’’ and inserting physical condition to perform the duties of such inserting ‘‘subtitle’’; ‘‘Secretary of the department in which the license, certificate, document, or endorsement, (3) in the analysis for chapter 35— Coast Guard is operating’’; as determined by the trusted agent. (A) by adding a period at the end of the item (C) in section 7 (33 U.S.C. 517), by striking ‘‘(b) PROCESS FOR ISSUANCE OF CERTIFICATES relating to section 3507; and ‘‘Secretary of Transportation’’ each place it ap- BY SECRETARY.—A final rule implementing this (B) by adding a period at the end of the item pears and inserting ‘‘Secretary of the depart- section shall include a process for— relating to section 3508; ment in which the Coast Guard is operating’’; ‘‘(1) the Secretary of the department in which (4) in section 3715(a)(2), by striking ‘‘; and’’ and the Coast Guard is operating to issue medical and inserting a semicolon; (D) in section 13 (33 U.S.C. 523), by striking certificates to mariners who submit applications (5) in section 4506, by striking ‘‘(a)’’; ‘‘Secretary of Transportation’’ and inserting for such certificates to the Secretary; and (6) in section 8103(b)(1)(A)(iii), by striking ‘‘Secretary of the department in which the ‘‘(2) a trusted agent to defer to the Secretary ‘‘Academy.’’ and inserting ‘‘Academy; and’’; Coast Guard is operating’’. the issuance of a medical certificate. (7) in section 11113(c)(1)(A)(i), by striking (5) GENERAL BRIDGE ACT OF 1946.—The General ‘‘(c) TRUSTED AGENT DEFINED.—In this sec- ‘‘under this Act’’; Bridge Act of 1946 is amended— tion the term ‘trusted agent’ means a medical (8) in the analysis for chapter 701— (A) in section 502(b) (33 U.S.C. 525(b)), by practitioner certified by the Secretary to perform (A) by adding a period at the end of the item striking ‘‘Secretary of Transportation’’ and in- physical examinations of an individual for pur- relating to section 70107A; serting ‘‘Secretary of the department in which poses of a license, certificate of registry, or mer- (B) in the item relating to section 70112, by the Coast Guard is operating’’; and chant mariner’s document under this part.’’. striking ‘‘security advisory committees.’’ and in- (B) in section 510 (33 U.S.C. 533), by striking (b) DEADLINE.—Not later than 5 years after serting ‘‘Security Advisory Committees.’’; and ‘‘Secretary of Transportation’’ each place it ap- the date of the enactment of this Act, the Sec- (C) in the item relating to section 70122, by pears and inserting ‘‘Secretary of the depart- retary of the department in which the Coast striking ‘‘watch program.’’ and inserting ment in which the Coast Guard is operating’’. Guard is operating shall issue a final rule imple- ‘‘Watch Program.’’; (6) INTERNATIONAL BRIDGE ACT OF 1972.—The menting section 7509 of title 46, United States (9) in section 70105(c)— International Bridge Act of 1972 is amended— Code, as added by this section. (A) in paragraph (1)(B)(xv)— (A) in section 5 (33 U.S.C. 535c), by striking (c) CLERICAL AMENDMENT.—The analysis for (i) by striking ‘‘18, popularly’’ and inserting ‘‘Secretary of Transportation’’ and inserting such chapter is amended by adding at the end ‘‘18 (popularly’’; and ‘‘Secretary of the department in which the the following: (ii) by striking ‘‘Act’’ and inserting ‘‘Act)’’; Coast Guard is operating’’; and ‘‘7509. Medical certification by trusted agents.’’. (B) in section 8 (33 U.S.C. 535e), by striking (B) in paragraph (2), by striking ‘‘(D) para- SEC. 310. ATLANTIC COAST PORT ACCESS ROUTE ‘‘Secretary of Transportation’’ each place it ap- graph’’ and inserting ‘‘(D) of paragraph’’; STUDY. (10) in section 70107— pears and inserting ‘‘Secretary of the depart- (a) ATLANTIC COAST PORT ACCESS ROUTE (A) in subsection (b)(2), by striking ment in which the Coast Guard is operating’’; STUDY.—Not later than April 1, 2016, the Com- ‘‘5121(j)(8)),’’ and inserting ‘‘5196(j)(8)),’’; and and mandant of the Coast Guard shall conclude the (B) in subsection (m)(3)(C)(iii), by striking (C) by striking section 11 (33 U.S.C. 535h). Atlantic Coast Port Access Route Study and ‘‘that is’’ and inserting ‘‘that the applicant’’; SEC. 307. RECOMMENDATIONS FOR IMPROVE- submit the results of such study to the Com- (11) in section 70122, in the section heading, MENTS OF MARINE CASUALTY RE- mittee on Transportation and Infrastructure of PORTING. by striking ‘‘watch program’’ and inserting the House of Representatives and the Committee ‘‘Watch Program’’; and Not later than 180 days after the date of the on Commerce, Science, and Transportation of (12) in the analysis for chapter 705, by adding enactment of this Act, the Commandant of the the Senate. a period at the end of the item relating to sec- Coast Guard shall notify the Committee on (b) NANTUCKET SOUND.—Not later than De- tion 70508. Transportation and Infrastructure of the House cember 1, 2016, the Commandant of the Coast (b) GENERAL BRIDGE STATUTES.— of Representatives and the Committee on Com- Guard shall complete and submit to the Com- (1) ACT OF MARCH 3, 1899.—The Act of March merce, Science, and Transportation of the Sen- mittee on Transportation and Infrastructure of 3, 1899, popularly known as the Rivers and Har- ate of the actions the Commandant will take to the House of Representatives and the Committee bors Appropriations Act of 1899, is amended— implement recommendations on improvements to on Commerce, Science, and Transportation of (A) in section 9 (33 U.S.C. 401), by striking the Coast Guard’s marine casualty reporting re- the Senate a port access route study of Nan- ‘‘Secretary of Transportation’’ each place it ap- quirements and procedures included in— tucket Sound using the standards and method- pears and inserting ‘‘Secretary of the depart- (1) the Department of Homeland Security Of- ology of the Atlantic Coast Port Access Route ment in which the Coast Guard is operating’’; fice of Inspector General report entitled ‘‘Ma- Study, to determine whether the Coast Guard and rine Accident Reporting, Investigations, and should revise existing regulations to improve (B) in section 18 (33 U.S.C. 502), by striking Enforcement in the United States Coast Guard’’, navigation safety in Nantucket Sound due to ‘‘Secretary of Transportation’’ each place it ap- released on May 23, 2013; and factors such as increased vessel traffic, chang- pears and inserting ‘‘Secretary of the depart- (2) the Towing Safety Advisory Committee re- ing vessel traffic patterns, weather conditions, ment in which the Coast Guard is operating’’. port entitled ‘‘Recommendations for Improve- or navigational difficulty in the vicinity. (2) ACT OF MARCH 23, 1906.—The Act of March ment of Marine Casualty Reporting’’, released SEC. 311. CERTIFICATES OF DOCUMENTATION 23, 1906, popularly known as the Bridge Act of on March 26, 2015. FOR RECREATIONAL VESSELS. 1906, is amended— SEC. 308. RECREATIONAL VESSEL ENGINE Not later than one year after the date of the (A) in the first section (33 U.S.C. 491), by WEIGHTS. enactment of this Act, the Secretary of the de- striking ‘‘Secretary of Transportation’’ and in- Not later than 180 days after the date of the partment in which the Coast Guard is operating serting ‘‘Secretary of the department in which enactment of this Act, the Secretary of the de- shall issue regulations that— the Coast Guard is operating’’; partment in which the Coast Guard is operating (1) make certificates of documentation for rec- (B) in section 4 (33 U.S.C. 494), by striking shall issue regulations amending table 4 to sub- reational vessels effective for 5 years; and ‘‘Secretary of Homeland Security’’ each place it part H of part 183 of title 33, Code of Federal (2) require the owner of such a vessel— appears and inserting ‘‘Secretary of the depart- Regulations (relating to Weights (Pounds) of (A) to notify the Coast Guard of each change ment in which the Coast Guard is operating’’; Outboard Motor and Related Equipment for in the information on which the issuance of the and Various Boat Horsepower Ratings) as appro- certificate of documentation is based, that oc- (C) in section 5 (33 U.S.C. 495), by striking priate to reflect ‘‘Standard 30–Outboard Engine curs before the expiration of the certificate; and ‘‘Secretary of Transportation’’ each place it ap- and Related Equipment Weights’’ published by (B) apply for a new certificate of documenta- pears and inserting ‘‘Secretary of the depart- the American Boat and Yacht Council, as in ef- tion for such a vessel if there is any such ment in which the Coast Guard is operating’’. fect on the date of the enactment of this Act. change.

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PROGRAM GUIDELINES. is subject to forfeiture under section 511(a) of ‘‘(A) 1 subject matter expert from the Coast Not later than 180 days after the date of the the Comprehensive Drug Abuse Prevention and Guard; enactment this Act, the Secretary of Transpor- Control Act of 1970 (21 U.S.C. 881(a)); or ‘‘(B) representatives from training facilities tation shall— ‘‘(3) conceal, or attempt or conspire to con- and the maritime industry, of whom— (1) develop guidelines to implement the pro- ceal, more than $100,000 in currency or other ‘‘(i) one-half shall be representatives from ap- gram authorized under section 304(a) of the monetary instruments on the person of such in- proved training facilities; and Coast Guard and Maritime Transportation Act dividual or in any conveyance, article of lug- ‘‘(ii) one-half shall be representatives from the of 2006 (Public Law 109–241), including specific gage, merchandise, or other container, or com- appropriate maritime industry; actions to ensure the future availability of able partment of or aboard the covered vessel if that ‘‘(C) at least 1 representative from the Mer- and credentialed United States licensed and un- vessel is outfitted for smuggling.’’. chant Marine Personnel Advisory Committee; licensed seafarers including— (b) COVERED VESSEL DEFINED.—Section 70503 ‘‘(D) at least 2 representatives from the State (A) incentives to encourage partnership agree- of title 46, United States Code, is amended by maritime academies, of whom one shall be a rep- ments with operators of foreign-flag vessels that adding at the end the following: resentative from the deck training track and one carry liquified natural gas, that provide no less ‘‘(e) COVERED VESSEL DEFINED.—In this sec- shall be a representative of the engine license than one training billet per vessel for United tion the term ‘covered vessel’ means— track; States merchant mariners in order to meet min- ‘‘(1) a vessel of the United States or a vessel ‘‘(E) representatives from other Coast Guard imum mandatory sea service requirements; subject to the jurisdiction of the United States; Federal advisory committees, as appropriate, for (B) development of appropriate training cur- or the industry segment associated with the subject ricula for use by public and private maritime ‘‘(2) any other vessel if the individual is a cit- examinations; training institutions to meet all United States izen of the United States or a resident alien of ‘‘(F) at least 1 subject matter expert from the merchant mariner license, certification, and doc- the United States.’’. Maritime Administration; and ument laws and requirements under the Inter- (c) PENALTIES.—Section 70506 of title 46, ‘‘(G) at least 1 human performance technology national Convention on Standards of Training, United States Code, is amended— representative. Certification and Watchkeeping for Seafarers, (1) in subsection (a), by striking ‘‘A person ‘‘(2) INCLUSION OF PERSONS KNOWLEDGEABLE 1978; and violating section 70503’’ and inserting ‘‘A person ABOUT EXAMINATION TYPE.—The working group (C) steps to promote greater outreach and violating paragraph (1) of section 70503(a)’’; and shall include representatives knowledgeable awareness of additional job opportunities for (2) by adding at the end the following: about the examination type under review. sea service veterans of the United States Armed ‘‘(d) PENALTY.—A person violating paragraph ‘‘(3) LIMITATION.—The requirement to convene Forces; and (2) or (3) of section 70503(a) shall be fined in ac- a working group under paragraph (1) does not (2) submit such guidelines to the Committee cordance with section 3571 of title 18, imprisoned apply unless there are new examination ques- Transportation and Infrastructure of the House not more than 15 years, or both.’’. tions to review. of Representatives and the Committee on Com- (d) SEIZURE AND FORFEITURE.—Section ‘‘(4) BASELINE REVIEW.— merce, Science, and Transportation of the Sen- 70507(a) of title 46, United States Code, is ‘‘(A) IN GENERAL.—Within 1 year after the ate. amended by striking ‘‘section 70503’’ and insert- date of the enactment of the Coast Guard Au- ing ‘‘section 70503 or 70508’’. thorization Act of 2015, the Secretary shall con- SEC. 313. REPEALS. vene the working group to complete a baseline (a) REPEALS, MERCHANT MARINE ACT, 1936.— (e) CLERICAL AMENDMENTS.— (1) The heading of section 70503 of title 46, review of the Coast Guard’s Merchant Mariner Sections 601 through 606, 608 through 611, 613 Credentialing Examination, including review through 616, 802, and 809 of the Merchant Ma- United States Code, is amended to read as fol- lows: of— rine Act, 1936 (46 U.S.C. 53101 note) are re- ‘‘(i) the accuracy of examination questions; pealed. ‘‘§ 70503. Prohibited acts’’ ‘‘(ii) the accuracy and availability of exam- (b) CONFORMING AMENDMENTS.—Chapter 575 (2) The analysis for chapter 705 of title 46, ination references; of title 46, United States Code, is amended— United States Code, is further amended by strik- ‘‘(iii) the length of merchant mariner exami- (1) in section 57501, by striking ‘‘titles V and ing the item relating to section 70503 and insert- nations; and VI’’ and inserting ‘‘title V’’; and ing the following: ‘‘(iv) the use of standard technologies in ad- (2) in section 57531(a), by striking ‘‘titles V ‘‘70503. Prohibited acts.’’. ministering, scoring, and analyzing the exami- and VI’’ and inserting ‘‘title V’’. nations. (c) TRANSFER FROM MERCHANT MARINE ACT, SEC. 315. EXAMINATIONS FOR MERCHANT MAR- INER CREDENTIALS. ‘‘(B) PROGRESS REPORT.—The Coast Guard 1936.— shall provide a progress report to the appro- (1) IN GENERAL.—Section 801 of the Merchant (a) DISCLOSURE.— (1) IN GENERAL.—Chapter 75 of title 46, United priate congressional committees on the review Marine Act, 1936 (46 U.S.C. 53101 note) is— under this paragraph. (A) redesignated as section 57522 of title 46, States Code, is further amended by adding at the end the following: ‘‘(5) FULL MEMBERSHIP NOT REQUIRED.—The United States Code, and transferred to appear Coast Guard may convene the working group after section 57521 of such title; and ‘‘§ 7510. Examinations for merchant mariner without all members present if any non-Coast- (B) as so redesignated and transferred, is credentials Guard representative is present. amended— ‘‘(a) DISCLOSURE NOT REQUIRED.—Notwith- ‘‘(6) NONDISCLOSURE AGREEMENT.—The Sec- (i) by striking so much as precedes the first standing any other provision of law, the Sec- retary shall require all members of the working sentence and inserting the following: retary is not required to disclose to the public— group to sign a nondisclosure agreement with ‘‘§ 57522. Books and records, balance sheets, ‘‘(1) a question from any examination for a the Secretary. and inspection and auditing’’; merchant mariner credential; ‘‘(7) TREATMENT OF MEMBERS AS FEDERAL EM- (ii) by striking ‘‘the provision of title VI or VII ‘‘(2) the answer to such a question, including PLOYEES.—A member of the working group who of this Act’’ and inserting ‘‘this chapter’’; and any correct or incorrect answer that may be pre- is not a Federal Government employee shall not (iii) by striking ‘‘: Provided, That’’ and all sented with such question; and be considered a Federal employee in the service that follows through ‘‘Commission’’. ‘‘(3) any quality or characteristic of such a or the employment of the Federal Government, (2) CLERICAL AMENDMENT.—The analysis for question, including— except that such a member shall be considered a chapter 575, of title 46, United States Code, is ‘‘(A) the manner in which such question has special government employee, as defined in sec- amended by inserting after the item relating to been, is, or may be selected for an examination; tion 202(a) of title 18 for purposes of sections section 57521 the following: ‘‘(B) the frequency of such selection; and 203, 205, 207, 208, and 209 of such title and shall ‘‘(C) the frequency that an examinee correctly ‘‘57522. Books and records, balance sheets, and be subject to any administrative standards of or incorrectly answered such question. inspection and auditing.’’. conduct applicable to an employee of the de- ‘‘(b) EXCEPTION FOR CERTAIN QUESTIONS.— partment in which the Coast Guard is oper- (d) REPEALS, TITLE 46, U.S.C.—Section 8103 of Notwithstanding subsection (a), the Secretary ating. title 46, United States Code, is amended in sub- may, for the purpose of preparation by the gen- ‘‘(8) FORMAL EXAM REVIEW.—The Secretary sections (c) and (d) by striking ‘‘or operating’’ eral public for examinations required for mer- shall ensure that the Coast Guard Performance each place it appears. chant mariner credentials, release an examina- Technology Center— SEC. 314. MARITIME DRUG LAW ENFORCEMENT. tion question and answer that the Secretary has ‘‘(A) prioritizes the review of examinations re- (a) PROHIBITIONS.—Section 70503(a) of title 46, retired or is not presently on or part of an exam- quired for merchant mariner credentials; and United States Code, is amended to read as fol- ination, or that the Secretary determines is ap- ‘‘(B) not later than 3 years after the date of lows: propriate for release. enactment of the Coast Guard Authorization ‘‘(a) PROHIBITIONS.—While on board a covered ‘‘(c) EXAM REVIEW.— Act of 2015, completes a formal review, including vessel, an individual may not knowingly or in- ‘‘(1) IN GENERAL.—Not later than 90 days after an appropriate analysis, of the topics and test- tentionally— the date of the enactment of the Coast Guard ing methodology employed by the National Mar- ‘‘(1) manufacture or distribute, or possess with Authorization Act of 2015, and once every two itime Center for merchant seamen licensing. intent to manufacture or distribute, a controlled years thereafter, the Commandant of the Coast ‘‘(9) FACA.—The Federal Advisory Committee substance; Guard shall commission a working group to re- Act (5 U.S.C. App) shall not apply to any work- ‘‘(2) destroy (including jettisoning any item or view new questions for inclusion in examina- ing group created under this section to review scuttling, burning, or hastily cleaning a vessel), tions required for merchant mariner credentials, the Coast Guard’s merchant mariner or attempt or conspire to destroy, property that composed of— credentialing examinations.

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‘‘(d) MERCHANT MARINER CREDENTIAL DE- ‘‘(A) conducted the assessment in accordance ‘‘(B) has written stability and loading instruc- FINED.—In this section, the term ‘merchant mar- with subsection (b); and tions from a qualified individual that are pro- iner credential’ means a merchant seaman li- ‘‘(B) provided the Secretary with sufficient in- vided to the owner or operator; and cense, certificate, or document that the Sec- formation pertaining to its assessment (includ- ‘‘(C) has an assigned loading mark. retary is authorized to issue pursuant to this ing, but not limited to, information on the out- ‘‘(4) The vessel is not substantially altered title.’’. come of the assessment). without the review and approval of an indi- (2) CLERICAL AMENDMENT.—The analysis for ‘‘(2) AUTHORIZATION TO ENTER INTO AN AGREE- vidual licensed by a State as a naval architect such chapter is further amended by adding at MENT.—For the purposes of this section and sec- or marine engineer before the beginning of such the end the following: tion 70109, the Secretary, in consultation with substantial alteration. ‘‘7510. Examinations for merchant mariner cre- the Secretary of State, may enter into an agree- ‘‘(5) The vessel undergoes a condition survey dentials.’’. ment with a foreign government (including, for at least twice in 5 years, not to exceed 3 years the purposes of this subsection, an entity of or between surveys, to the satisfaction of a marine (b) EXAMINATIONS FOR MERCHANT MARINER operating under the auspices of the European surveyor of an organization accepted by the CREDENTIALS.— (1) IN GENERAL.—Chapter 71 of title 46, United Union) or international organization, under Secretary. States Code, is amended by adding at the end which parties to the agreement— ‘‘(6) The vessel undergoes an out-of-water sur- the following: ‘‘(A) conduct an assessment, required under vey at least once every 5 years to the satisfac- subsection (a); tion of a certified marine surveyor of an organi- ‘‘§ 7116. Examinations for merchant mariner ‘‘(B) share information pertaining to such as- zation accepted by the Secretary. credentials sessment (including, but not limited to, informa- ‘‘(7) Once every 5 years and at the time of a ‘‘(a) REQUIREMENT FOR SAMPLE EXAMS.—The tion on the outcome of the assessment); or substantial alteration to such vessel, compliance Secretary shall develop a sample merchant mar- ‘‘(C) both. of the vessel with the requirements of paragraph iner credential examination and outline of mer- ‘‘(3) LIMITATIONS.—Nothing in this subsection (3) is reviewed and updated as necessary. chant mariner examination topics on an annual shall be construed to— ‘‘(8) For the life of the vessel, the owner of the basis. ‘‘(A) require the Secretary to recognize an as- vessel maintains records to demonstrate compli- ‘‘(b) PUBLIC AVAILABILITY.—Each sample ex- sessment that a foreign government or an inter- ance with this subsection and makes such amination and outline of topics developed under national organization has conducted; or records readily available for inspection by an of- subsection (a) shall be readily available to the ‘‘(B) limit the discretion or ability of the Sec- ficial authorized to enforce this chapter. public. retary to conduct an assessment under this sec- ‘‘(f)(1) Not later than 10 years after the date ‘‘(c) MERCHANT MARINER CREDENTIAL DE- tion. of the enactment of the Coast Guard Authoriza- FINED.—In this section, the term ‘merchant mar- ‘‘(4) NOTIFICATION TO CONGRESS.—Not later tion Act of 2015, the Secretary shall submit to iner credential’ has the meaning that term has than 30 days before entering into an agreement the Committee on Transportation and Infra- in section 7510.’’. or arrangement with a foreign government structure of the House of Representatives and (2) CLERICAL AMENDMENT.—The analysis for under paragraph (2), the Secretary shall notify the Committee on Commerce, Science, and such chapter is amended by adding at the end the Committee on Homeland Security and the Transportation of the Senate a report that pro- the following: Committee on Transportation and Infrastruc- vides an analysis of the adequacy of the re- ‘‘7116. Examinations for merchant mariner cre- ture of the House of Representatives and the quirements under subsection (e) in maintaining dentials.’’. Committee on Commerce, Science, and Transpor- the safety of the fishing vessels and fish tender tation of the Senate of the proposed terms of (c) DISCLOSURE TO CONGRESS.—Nothing in vessels which are described in subsection (c)(2) this section may be construed to authorize the such agreement or arrangement.’’. and which comply with the requirements of sub- withholding of information from an appropriate SEC. 318. FISHING VESSEL AND FISH TENDER section (e). inspector general, the Committee on Commerce, VESSEL CERTIFICATION. ‘‘(2) If the report required under this sub- Science, and Transportation of the Senate, or (a) ALTERNATIVE SAFETY COMPLIANCE PRO- section includes a determination that the safety the Committee on Transportation and Infra- GRAMS.—Section 4503 of title 46, United States requirements under subsection (e) are not ade- structure of the House of Representatives. Code, is amended— quate or that additional safety measures are (1) in subsection (a), by striking ‘‘this section’’ SEC. 316. HIGHER VOLUME PORT AREA REGU- necessary, that the Secretary may establish an and inserting ‘‘this subsection’’; LATORY DEFINITION CHANGE. alternative safety compliance program for fish- (2) in subsection (b), by striking ‘‘This sec- (a) IN GENERAL.—Subsection (a) of section 710 ing vessels or fish tender vessels (or both) which tion’’ and inserting ‘‘Except as provided in sub- of the Coast Guard Authorization Act of 2010 are described in subsection (c)(2) and which section (d), subsection (a)’’; (Public Law 111–281; 124 Stat. 2986) is amended (3) in subsection (c)— comply with the requirements of subsection (e). to read as follows: (A) by striking ‘‘This section’’ and inserting ‘‘(3) The alternative safety compliance pro- ‘‘(a) HIGHER VOLUME PORTS.—Notwith- ‘‘(1) Except as provided in paragraph (2), sub- gram established under this subsection shall in- standing any other provision of law, the re- section (a)’’; and clude requirements for— quirements of subparts D, F, and G of part 155 (B) by adding at the end the following: ‘‘(A) vessel construction; of title 33, Code of Federal Regulations, that ‘‘(2) Subsection (a) does not apply to a fishing ‘‘(B) a vessel stability test; apply to the higher volume port area for the vessel or fish tender vessel to which section ‘‘(C) vessel stability and loading instructions; Strait of Juan de Fuca at Port Angeles, Wash- 4502(b) of this title applies, if the vessel— ‘‘(D) an assigned vessel loading mark; ington (including any water area within 50 nau- ‘‘(A) is at least 50 feet overall in length, and ‘‘(E) a vessel condition survey at least twice in tical miles seaward), to and including Puget not more than 79 feet overall in length as listed 5 years, not to exceed 3 years between surveys; Sound, shall apply, in the same manner, and to on the vessel’s certificate of documentation or ‘‘(F) an out-of-water vessel survey at least the same extent, to the Strait of Juan de Fuca certificate of number; and once every 5 years; at Cape Flattery, Washington (including any ‘‘(B)(i) is built after the date of the enactment ‘‘(G) maintenance of records to demonstrate water area within 50 nautical miles seaward), to of the Coast Guard Authorization Act of 2015; compliance with the program, and the avail- and including Puget Sound.’’. and ability of such records for inspection; and (b) CONFORMING AMENDMENT.—Subsection (b) ‘‘(ii) complies with— ‘‘(H) such other aspects of vessel safety as the of such section is amended by striking ‘‘the ‘‘(I) the requirements described in subsection Secretary considers appropriate.’’. modification of the higher volume port area def- (e); or (b) GAO REPORT ON COMMERCIAL FISHING inition required by subsection (a).’’ and insert- ‘‘(II) the alternative requirements established VESSEL SAFETY.— ing ‘‘higher volume port requirements made ap- by the Secretary under subsection (f).’’; and (1) IN GENERAL.—Not later than 12 months plicable under subsection (a).’’. (4) by redesignating subsection (e) as sub- after the date of the enactment of this Act, the SEC. 317. RECOGNITION OF PORT SECURITY AS- section (g), and inserting after subsection (d) Comptroller General of the United States shall SESSMENTS CONDUCTED BY OTHER the following: submit to the Committee on Transportation and ENTITIES. ‘‘(e) The requirements referred to in sub- Infrastructure of the House of Representatives Section 70108 of title 46, United States Code, is section (c)(2)(B)(ii)(I) are the following: and the Committee on Commerce, Science, and amended by adding at the end the following: ‘‘(1) The vessel is designed by an individual li- Transportation of the Senate a report on com- ‘‘(f) RECOGNITION OF ASSESSMENT CONDUCTED censed by a State as a naval architect or marine mercial fishing vessel safety. The report shall BY OTHER ENTITIES.— engineer, and the design incorporates standards include— ‘‘(1) CERTIFICATION AND TREATMENT OF AS- equivalent to those prescribed by a classification (A) national and regional trends that can be SESSMENTS.—For the purposes of this section society to which the Secretary has delegated au- identified with respect to rates of marine casual- and section 70109, the Secretary may treat an thority under section 3316 or another qualified ties, human injuries, and deaths aboard or in- assessment that a foreign government (includ- organization approved by the Secretary for pur- volving fishing vessels greater than 79 feet in ing, for the purposes of this subsection, an enti- poses of this paragraph. length that operate beyond the 3-nautical-mile ty of or operating under the auspices of the Eu- ‘‘(2) Construction of the vessel is overseen and demarcation line; ropean Union) or international organization certified as being in accordance with its design (B) a comparison of United States regulations has conducted as an assessment that the Sec- by a marine surveyor of an organization accept- for classification of fishing vessels to those es- retary has conducted for the purposes of sub- ed by the Secretary. tablished by other countries, including the ves- section (a), provided that the Secretary certifies ‘‘(3) The vessel— sel length at which such regulations apply; that the foreign government or international or- ‘‘(A) completes a stability test performed by a (C) the additional costs imposed on vessel ganization has— qualified individual; owners as a result of the requirement in section

VerDate Sep 11 2014 04:39 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 6333 E:\CR\FM\A01FE7.036 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H413 4503(a) of title 46, United States Code, and how assessments are coordinated between the Coast of ceases to be used for affordable housing, as the those costs vary in relation to vessel size and Guard and Customs and Border Protection’’. defined by the County and the Commandant at from region to region; TITLE IV—FEDERAL MARITIME the time of conveyance, or to provide a public (D) savings that result from the application of COMMISSION benefit approved by the County. the requirement in section 4503(a) of title 46, (c) SURVEY.—The exact acreage and legal de- United States Code, including reductions in in- SEC. 401. AUTHORIZATION OF APPROPRIATIONS. scription of the covered property shall be deter- surance rates or reduction in the number of (a) IN GENERAL.—Chapter 3 of title 46, United mined by a survey satisfactory to the Com- fishing vessels or fish tender vessels lost to major States Code, is amended by adding at the end mandant. safety casualties, nationally and regionally; the following: (d) RULES OF CONSTRUCTION.—Nothing in this (E) a national and regional comparison of the ‘‘§ 308. Authorization of appropriations section may be construed to affect or limit the additional costs and safety benefits associated ‘‘There is authorized to be appropriated to the application of or obligation to comply with any with fishing vessels or fish tender vessels that Federal Maritime Commission $24,700,000 for environmental law, including section 120(h) of are built and maintained to class through a each of fiscal years 2016 and 2017 for the activi- the Comprehensive Environmental Response, classification society to the additional costs and ties of the Commission authorized under this Compensation, and Liability Act of 1980 (42 safety benefits associated with fishing vessels or chapter and subtitle IV.’’. U.S.C. 9620(h)). fish tender vessels that are built to standards (b) CLERICAL AMENDMENT.—The analysis for (e) COVERED PROPERTY DEFINED.—In this sec- equivalent to classification society construction chapter 3 of title 46, United States Code, is tion, the term ‘‘covered property’’ means the ap- standards and maintained to standards equiva- amended by adding at the end the following: proximately 32 acres of real property (including lent to classification society standards with ‘‘308. Authorization of appropriations.’’. all improvements located on the property) that verification by independent surveyors; and are— (F) the impact on the cost of production and SEC. 402. DUTIES OF THE CHAIRMAN. (1) located in Point Reyes Station in the availability of qualified shipyards, nationally Section 301(c)(3)(A) of title 46, United States County of Marin, California; and regionally, resulting from the application of Code, is amended— (2) under the administrative control of the the requirement in section 4503(a) of title 46, (1) in clause (ii) by striking ‘‘units, but only Coast Guard; and United States Code. after consultation with the other Commis- (3) described as ‘‘Parcel A, Tract 1’’, ‘‘Parcel (2) CONSULTATION REQUIREMENT.—In pre- sioners;’’ and inserting ‘‘units (with such ap- B, Tract 2’’, ‘‘Parcel C’’, and ‘‘Parcel D’’ in the paring the report under paragraph (1), the pointments subject to the approval of the Com- Declaration of Taking (Civil No. C 71–1245 SC) Comptroller General shall— mission);’’; filed June 28, 1971, in the United States District (A) consult with owners and operators of fish- (2) in clause (iv) by striking ‘‘and’’ at the end; Court for the Northern District of California. ing vessels or fish tender vessels, classification (3) in clause (v) by striking the period at the (f) EXPIRATION.—The authority to convey the societies, shipyards, the National Institute for end and inserting ‘‘; and’’; and covered property under this section shall expire Occupational Safety and Health, the National (4) by adding at the end the following: on the date that is four years after the date of Transportation Safety Board, the Coast Guard, ‘‘(vi) prepare and submit to the President and the enactment of this Act. the Congress requests for appropriations for the academics, naval architects, and marine safety SEC. 502. CONVEYANCE OF COAST GUARD PROP- nongovernmental organizations; and Commission (with such requests subject to the ERTY IN TOK, ALASKA. (B) obtain relevant data from the Coast Guard approval of the Commission).’’. (a) CONVEYANCE AUTHORIZED.—The Com- including data collected from enforcement ac- SEC. 403. PROHIBITION ON AWARDS. mandant of the Coast Guard may convey to the tions, boardings, investigations of marine cas- Section 307 of title 46, United States Code, is Tanana Chiefs’ Conference all right, title, and ualties, and serious marine incidents. amended— interest of the United States in and to the cov- (3) TREATMENT OF DATA.—In preparing the re- (1) by striking ‘‘The Federal Maritime Com- ered property, upon payment to the United port under paragraph (1), the Comptroller Gen- mission’’ and inserting the following: States of the fair market value of the covered eral shall— ‘‘(a) IN GENERAL.—The Federal Maritime property. (A) disaggregate data regionally for each of Commission’’; and (b) SURVEY.—The exact acreage and legal de- the regions managed by the regional fishery (2) by adding at the end the following: scription of the covered property shall be deter- management councils established under section ‘‘(b) PROHIBITION.—Notwithstanding sub- mined by a survey satisfactory to the Com- 302 of the Magnuson-Stevens Fisheries Con- section (a), the Federal Maritime Commission mandant. servation and Management Act (16 U.S.C. 1852), may not expend any funds appropriated or oth- (c) FAIR MARKET VALUE.—The fair market the Atlantic States Marine Fisheries Commis- erwise made available to it to a non-Federal en- value of the covered property shall be— sion, the Pacific States Marine Fisheries Com- tity to issue an award, prize, commendation, or (1) determined by appraisal; and mission, and the Gulf States Marine Fisheries other honor that is not related to the purposes (2) subject to the approval of the Com- Commission; and set forth in section 40101.’’. mandant. (B) include qualitative data on the types of TITLE V—CONVEYANCES (d) COSTS OF CONVEYANCE.—The responsi- fishing vessels or fish tender vessels included in bility for all reasonable and necessary costs, in- the report. Subtitle A—Miscellaneous Conveyances cluding real estate transaction and environ- SEC. 319. INTERAGENCY COORDINATING COM- SEC. 501. CONVEYANCE OF COAST GUARD PROP- mental documentation costs, associated with a MITTEE ON OIL POLLUTION RE- ERTY IN POINT REYES STATION, conveyance under this section shall be deter- SEARCH. CALIFORNIA. mined by the Commandant and the purchaser. (a) IN GENERAL.—Section 7001(a)(3) of the Oil (a) CONVEYANCE.— (e) ADDITIONAL TERMS AND CONDITIONS.—The Pollution Act of 1990 (33 U.S.C. 2761(a)(3)) is (1) IN GENERAL.—The Commandant of the Commandant may require such additional terms amended— Coast Guard shall convey to the County of and conditions in connection with a conveyance (1) by striking ‘‘Minerals Management Serv- Marin, California all right, title, and interest of under this section as the Commandant considers ice’’ and inserting ‘‘Bureau of Safety and Envi- the United States in and to the covered prop- appropriate and reasonable to protect the inter- ronmental Enforcement, the Bureau of Ocean erty— ests of the United States. Energy Management,’’; and (A) for fair market value, as provided in para- (f) DEPOSIT OF PROCEEDS.—Any proceeds re- (2) by inserting ‘‘the United States Arctic Re- graph (2); ceived by the United States from a conveyance search Commission,’’ after ‘‘National Aero- (B) subject to the conditions required by this under this section shall be deposited in the nautics and Space Administration,’’. section; and Coast Guard Housing Fund established under (b) TECHNICAL AMENDMENTS.—Section 7001 of (C) subject to any other term or condition that section 687 of title 14, United States Code. the Oil Pollution Act of 1990 (33 U.S.C. 2761) is the Commandant considers appropriate and rea- (g) COVERED PROPERTY DEFINED.— amended— sonable to protect the interests of the United (1) IN GENERAL.—In this section, the term (1) in subsection (b)(2), in the matter pre- States. ‘‘covered property’’ means the approximately ceding subparagraph (A), by striking ‘‘Depart- (2) FAIR MARKET VALUE.—The fair market 3.25 acres of real property (including all im- ment of Transportation’’ and inserting ‘‘depart- value of the covered property shall be— provements located on the property) that are— ment in which the Coast Guard is operating’’; (A) determined by a real estate appraiser who (A) located in Tok, Alaska; and has been selected by the County and is licensed (B) under the administrative control of the (2) in subsection (c)(8)(A), by striking ‘‘(1989)’’ to practice in California; and Coast Guard; and and inserting ‘‘(2010)’’. (B) approved by the Commandant. (C) described in paragraph (2). SEC. 320. INTERNATIONAL PORT AND FACILITY (3) PROCEEDS.—The Commandant shall de- (2) DESCRIPTION.—The property described in INSPECTION COORDINATION. posit the proceeds from a conveyance under this paragraph is the following: Section 825(a) of the Coast Guard Authoriza- paragraph (1) in the Coast Guard Housing Fund (A) Lots 11, 12 and 13, block ‘‘G’’, Second Ad- tion Act of 2010 (6 U.S.C. 945 note; Public Law established by section 687 of title 14, United dition to Hartsell Subdivision, Section 20, Town- 111–281) is amended in the matter preceding States Code. ship 18 North, Range 13 East, Copper River Me- paragraph (1)— (b) CONDITION OF CONVEYANCE.—As a condi- ridian, Alaska as appears by Plat No. 72–39 filed (1) by striking ‘‘the department in which the tion of any conveyance of the covered property in the Office of the Recorder for the Fairbanks Coast Guard is operating’’ and inserting under this section, the Commandant shall re- Recording District of Alaska, bearing seal dated ‘‘Homeland Security’’; and quire that all right, title, and interest in and to 25 September 1972, all containing approximately (2) by striking ‘‘they are integrated and con- the covered property shall revert to the United 1.25 acres and commonly known as 2–PLEX – ducted by the Coast Guard’’ and inserting ‘‘the States if the covered property or any part there- Jackie Circle, Units A and B.

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 6333 E:\CR\FM\A01FE7.036 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H414 CONGRESSIONAL RECORD — HOUSE February 1, 2016 (B) Beginning at a point being the SE corner ownership of Tracts 50 and 38 as depicted on a Secretary shall determine whether property lo- of the SE 1⁄4 of the SE 1⁄4 Section 24, Township survey of the National Oceanic and Atmospheric cated on St. Paul Island and not transferred to 18 North, Range 12 East, Copper River Merid- Administration, to be filed with the Office of the the Natives of the Pribilof Islands is in excess of ian, Alaska; thence running westerly along the Recorder for the Department of Natural Re- the smallest practicable tract enclosing land— south line of said SE 1⁄4 of the NE 1⁄4 260 feet; sources for the State of Alaska. ‘‘(A) needed by the Secretary for the purposes thence northerly parallel to the east line of said (2) EASEMENTS.—The survey described in sub- of carrying out the Fur Seal Act of 1966 (16 SE 1⁄4 of the NE 1⁄4 335 feet; thence easterly par- section (a) shall include respective easements U.S.C. 1151 et seq.); allel to the south line 260 feet; then south 335 granted to the Secretary and the Alaska native ‘‘(B) in the case of land withdrawn by the feet along the east boundary of Section 24 to the village corporation for the purpose of utilities, Secretary on behalf of other Federal agencies, point of beginning; all containing approximately drainage, road access, and salt lagoon conserva- needed for carrying out the missions of those 2.0 acres and commonly known as 4–PLEX – tion. agencies for which land was withdrawn; or ‘‘(C) actually used by the Federal Government West ‘‘C’’ and Willow, Units A, B, C and D. SEC. 523. NOTICE OF CERTIFICATION. in connection with the administration of any (h) EXPIRATION.—The authority to convey the Section 105 of the Pribilof Islands Transition Federal installation on St. Paul Island. covered property under this section shall expire Act (16 U.S.C. 1161 note; Public Law 106–562) is ‘‘(2) REPORT OF DETERMINATION.—When a de- on the date that is 4 years after the date of the amended— enactment of this Act. termination is made under subsection (a), the (1) in subsection (a)(1), by striking ‘‘The Sec- Secretary shall report the determination to— Subtitle B—Pribilof Islands retary’’ and inserting ‘‘Notwithstanding para- ‘‘(A) the Committee on Natural Resources of SEC. 521. SHORT TITLE. graph (2) and effective beginning on the date the House of Representatives; This subtitle may be cited as the ‘‘Pribilof Is- the Secretary publishes the notice of certifi- ‘‘(B) the Committee on Commerce, Science, land Transition Completion Act of 2015’’. cation required by subsection (b)(5), the Sec- and Transportation of the Senate; and SEC. 522. TRANSFER AND DISPOSITION OF PROP- retary’’; ‘‘(C) the Alaska native village corporation for ERTY. (2) in subsection (b)— St. Paul Island.’’. (a) TRANSFER.—To further accomplish the set- (A) in paragraph (1)(A), by striking ‘‘section SEC. 524. REDUNDANT CAPABILITY. tlement of land claims under the Alaska Native 205 of the Fur Seal Act of 1966 (16 U.S.C. 1165)’’ (a) RULE OF CONSTRUCTION.—Except as pro- Claims Settlement Act (43 U.S.C. 1601 et seq.), and inserting ‘‘section 205(a) of the Fur Seal Act vided in subsection (b), section 681 of title 14, the Secretary of Commerce shall, subject to of 1966 (16 U.S.C. 1165(a))’’; and United States Code, as amended by this Act, paragraph (2), and notwithstanding section (B) by adding at the end the following: shall not be construed to prohibit any transfer 105(a) of the Pribilof Islands Transition Act (16 ‘‘(5) NOTICE OF CERTIFICATION.—The Sec- or conveyance of lands under this subtitle or U.S.C. 1161 note; Public Law 106–562), convey retary shall promptly publish and submit to the any actions that involve the dismantling or dis- all right, title, and interest in the following Committee on Natural Resources of the House of posal of infrastructure that supported the property to the Alaska native village corpora- Representatives and the Committee on Com- former LORAN system that are associated with tion for St. Paul Island: merce, Science, and Transportation of the Sen- the transfer or conveyance of lands under sec- (1) Lots 4, 5, and 6A, Block 18, Tract A, U.S. ate notice that the certification described in tion 522. Survey 4943, Alaska, the plat of which was Offi- paragraph (2) has been made.’’; and (b) REDUNDANT CAPABILITY.—If, within the 5- cially Filed on January 20, 2004, aggregating (3) in subsection (c)— year period beginning on the date of the enact- 13,006 square feet (0.30 acres). (A) in the matter preceding paragraph (1), by ment of this Act, the Secretary of the depart- (2) On the termination of the license described striking ‘‘makes the certification described in ment in which the Coast Guard is operating de- in subsection (b)(3), T. 35 S., R. 131 W., Seward subsection (b)(2)’’ and inserting ‘‘publishes the termines that a facility on Tract 43, if trans- Meridian, Alaska, Tract 43, the plat of which notice of certification required by subsection ferred under this subtitle, is subsequently re- was Officially Filed on May 14, 1986, containing (b)(5)’’; and quired to provide a positioning, navigation, and 84.88 acres. (B) in paragraph (1), by striking ‘‘Section timing system to provide redundant capability (b) FEDERAL USE.— 205’’ and inserting ‘‘Subsections (a), (b), (c), in the event GPS signals are disrupted, the Sec- (1) IN GENERAL.—The Secretary of the depart- and (d) of section 205’’; retary may— ment in which the Coast Guard is operating (4) by redesignating subsection (e) as sub- (1) operate, maintain, keep, locate, inspect, re- may operate, maintain, keep, locate, inspect, re- section (g); and pair, and replace such facility; and pair, and replace any Federal aid to navigation (5) by inserting after subsection (d) the fol- (2) in carrying out the activities described in located on the property described in subsection lowing: paragraph (1), enter, at any time, the facility (a) as long as the aid is needed for navigational ‘‘(e) NOTIFICATIONS.— without notice to the extent that it is not pos- purposes. ‘‘(1) IN GENERAL.—Not later than 30 days after sible to provide advance notice, for as long as (2) ADMINISTRATION.—In carrying out sub- the Secretary makes a determination under sub- such facility is needed to provide such capa- section (a), the Secretary may enter the prop- section (f) that land on St. Paul Island, Alaska, bility. erty, at any time for as long as the aid is needed not specified for transfer in the document enti- Subtitle C—Conveyance of Coast Guard for navigational purposes, without notice to the tled ‘Transfer of Property on the Pribilof Is- Property at Point Spencer, Alaska extent that it is not practicable to provide ad- lands: Descriptions, Terms and Conditions’ or SEC. 531. FINDINGS. vance notice. section 522 of the Pribilof Island Transition The Congress finds as follows: (3) LICENSE.—The Secretary of the Depart- Completion Act of 2015 is in excess of the needs (1) Major shipping traffic is increasing ment in which the Coast Guard is operating of the Secretary and the Federal Government, through the Bering Strait, the Bering and may maintain a license in effect on the date of the Secretary shall notify the Alaska native vil- Chukchi Seas, and the Arctic Ocean, and will the enactment of this Act with respect to the lage corporation for St. Paul Island of the deter- continue to increase whether or not development real property and improvements under sub- mination. of the Outer Continental Shelf of the United section (a) until the termination of the license. ‘‘(2) ELECTION TO RECEIVE.—Not later than 60 States is undertaken in the future, and will in- (4) REPORTS.—Not later than 2 years after the days after the date receipt of the notification of crease further if such Outer Continental Shelf date of the enactment of this Act and not less the Secretary under subsection (a), the Alaska development is undertaken. than once every 2 years thereafter, the Sec- native village corporation for St. Paul Island (2) There is a compelling national, State, retary of the department in which the Coast shall notify the Secretary in writing whether Alaska Native, and private sector need for per- Guard is operating shall submit to the Com- the Alaska native village corporation elects to manent infrastructure development and for a mittee on Natural Resources of the House of receive all right, title, and interest in the land or presence in the Arctic region of Alaska by ap- Representatives and the Committee on Com- a portion of the land. propriate agencies of the Federal Government, merce, Science, and Transportation of the Sen- ‘‘(3) TRANSFER.—If the Alaska native village particularly in proximity to the Bering Strait, to ate a report on— corporation provides notice under paragraph (2) support and facilitate search and rescue, ship- (A) efforts taken to remediate contaminated that the Alaska native village corporation elects ping safety, economic development, oil spill pre- soils on tract 43 described in subsection (a)(2); to receive all right, title and interest in the land vention and response, protection of Alaska Na- (B) a schedule for the completion of contami- or a portion of the land, the Secretary shall tive archaeological and cultural resources, port nated soil remediation on tract 43; and transfer all right, title, and interest in the land of refuge, arctic research, and maritime law en- (C) any use of tract 43 to carry out Coast or portion to the Alaska native village corpora- forcement on the Bering Sea, the Chukchi Sea, Guard navigation activities. tion at no cost. and the Arctic Ocean. (c) AGREEMENT ON TRANSFER OF OTHER PROP- ‘‘(4) OTHER DISPOSITION.—If the Alaska native (3) The United States owns a parcel of land, ERTY ON ST. PAUL ISLAND.— village corporation does not provide notice known as Point Spencer, located between the (1) IN GENERAL.—In addition to the property under paragraph (2) that the Alaska native vil- Bering Strait and Port Clarence and adjacent to transferred under subsection (a), not later than lage corporation elects to receive all right, title, some of the best potential deepwater port sites 60 days after the date of the enactment of this and interest in the land or a portion of the land, on the coast of Alaska in the Arctic. Act, the Secretary of Commerce and the pre- the Secretary may dispose of the land in accord- (4) Prudent and effective use of Point Spencer siding officer of the Alaska native village cor- ance with other applicable law. may be best achieved through marshaling the poration for St. Paul Island shall enter into an ‘‘(f) DETERMINATION.— energy, resources, and leadership of the public agreement to exchange of property on Tracts 50 ‘‘(1) IN GENERAL.—Not later than 2 years after and private sectors. and 38 on St. Paul Island and to finalize the re- the date of the enactment of this subsection and (5) It is in the national interest to develop in- cording of deeds, to reflect the boundaries and not less than once every 5 years thereafter, the frastructure at Point Spencer that would aid the

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Coast Guard in performing its statutory duties Tract 5 to BSNC under the Alaska Native (c) MONITORING OF KNOWN CONTAMINATION.— and functions in the Arctic on a more perma- Claims Settlement Act (43 U.S.C. 1601 et seq.). (1) IN GENERAL.—To the extent practicable nent basis and to allow for public and private (2) OFFER TO BSNC.— and subject to paragraph (2), any contamina- sector development of facilities and other infra- (A) ACCEPTANCE BY BSNC.—If BSNC chooses to tion in a Tract to be conveyed to the State or structure to support purposes that are of benefit accept an offer of conveyance of a Tract under BSNC under this subtitle that— to the United States. paragraph (1), the Secretary of the Interior (A) is identified in writing prior to the convey- SEC. 532. DEFINITIONS. shall consider Tract 6 as within BSNC’s entitle- ance; and (B) does not pose an immediate or long-term In this subtitle: ment under section 14(h)(8) of the Alaska Native risk to human health or the environment; (1) ARCTIC.—The term ‘‘Arctic’’ has the mean- Claims Settlement Act (43 U.S.C. 1613(h)(8)) and shall convey such Tract to BSNC. may be routinely monitored and managed by the ing given that term in section 112 of the Arctic State or BSNC, as applicable, through institu- Research and Policy Act of 1984 (15 U.S.C. 4111). (B) DECLINE BY BSNC.—If BSNC declines to accept an offer of conveyance of a Tract under tional controls. (2) BSNC.—The term ‘‘BSNC’’ means the Ber- (2) INSTITUTIONAL CONTROLS.—Institutional ing Straits Native Corporation authorized under paragraph (1), the Secretary of the Interior shall offer such Tract for conveyance to the controls may be used if— section 7 of the Alaska Native Claims Settlement (A) the Administrator of the Environmental State under the Act of July 7, 1958 (commonly Act (43 U.S.C. 1606). Protection Agency and the Governor of the known as the ‘‘Alaska Statehood Act’’) (48 (3) COUNCIL.—The term ‘‘Council’’ means the State concur that such controls are protective of U.S.C. note prec. 21; Public Law 85–508). Port Coordination Council established under human health and the environment; and (3) OFFER TO STATE.— section 541. (B) such controls are carried out in accord- (A) ACCEPTANCE BY STATE.—If the State (4) PLAN.—The term ‘‘Plan’’ means the Port ance with Federal and State law. chooses to accept an offer of conveyance of a Management Coordination Plan developed SEC. 535. EASEMENTS AND ACCESS. under section 541. Tract under paragraph (2)(B), the Secretary of the Interior shall consider such Tract as within (a) USE BY COAST GUARD.—The Secretary of (5) POINT SPENCER.—The term ‘‘Point Spen- the Interior shall make each conveyance of any cer’’ means the land known as ‘‘Point Spencer’’ the State’s entitlement under the Act of July 7, 1958 (commonly known as the ‘‘Alaska State- relevant Tract under this subtitle subject to an located in Townships 2, 3, and 4 South, Range easement granting the Coast Guard, at no cost 40 West, Kateel River Meridian, Alaska, be- hood Act’’) (48 U.S.C. note prec. 21; Public Law 85–508) and shall convey such Tract to the to the Coast Guard— tween the Bering Strait and Port Clarence and (1) use of all existing and future landing pads, State. withdrawn by Public Land Order 2650 (pub- airstrips, runways, and taxiways that are lo- (B) DECLINE BY STATE.—If the State declines lished in the Federal Register on April 12, 1962). cated on such Tract; and to accept an offer of conveyance of a Tract of- (6) SECRETARY.—Except as otherwise specifi- (2) the right to access such landing pads, air- fered under paragraph (2)(B), such Tract shall cally provided, the term ‘‘Secretary’’ means the strips, runways, and taxiways. be disposed of pursuant to applicable public Secretary of the department in which the Coast (b) USE BY STATE.—For any Tract conveyed to land laws. Guard is operating. BSNC under this subtitle, BSNC shall provide to (e) ORDER OF OFFER TO CONVEY TRACT 6.— (7) STATE.—The term ‘‘State’’ means the State the State, if requested and pursuant to nego- (1) OFFER.—Subject to section 534, the Sec- of Alaska. tiated terms with the State, an easement grant- retary of the Interior shall offer Tract 6 for con- (8) TRACT.—The term ‘‘Tract’’ or ‘‘Tracts’’ ing to the State, at no cost to the State— veyance to the State. means any of Tract 1, Tract 2, Tract 3, Tract 4, (1) use of all existing and future landing pads, (2) OFFER TO STATE.— airstrips, runways, and taxiways located on Tract 5, or Tract 6, as appropriate, or any por- (A) ACCEPTANCE BY STATE.—If the State such Tract; and tion of such Tract or Tracts. chooses to accept an offer of conveyance of (9) TRACTS 1, 2, 3, 4, 5, AND 6.—The terms (2) a right to access such landing pads, air- Tract 6 under paragraph (1), the Secretary of strips, runways, and taxiways. ‘‘Tract 1’’, ‘‘Tract 2’’, ‘‘Tract 3’’, ‘‘Tract 4’’, the Interior shall consider Tract 6 as within the ‘‘Tract 5’’, and ‘‘Tract 6’’ each mean the land (c) RIGHT OF ACCESS OR RIGHT OF WAY.—If State’s entitlement under the Act of July 7, 1958 the State requests a right of access or right of generally depicted as Tract 1, Tract 2, Tract 3, (commonly known as the ‘‘Alaska Statehood Tract 4, Tract 5, or Tract 6, respectively, on the way for a road from the airstrip to the southern Act’’) (48 U.S.C. note prec. 21; Public Law 85– tip of Point Spencer, the location of such right map entitled the ‘‘Point Spencer Land Retention 508) and shall convey Tract 6 to the State. and Conveyance Map’’, dated January 2015, of access or right of way shall be determined by (B) DECLINE BY STATE.—If the State declines the State, in consultation with the Secretary and on file with the Department of Homeland to accept an offer of conveyance of Tract 6 Security and the Department of the Interior. and BSNC, so that such right of access or right under paragraph (1), the Secretary of the Inte- of way is compatible with other existing or SEC. 533. AUTHORITY TO CONVEY LAND IN POINT rior shall offer Tract 6 for conveyance to BSNC planned infrastructure development at Point SPENCER. under the Alaska Native Claims Settlement Act Spencer. (a) AUTHORITY TO CONVEY TRACTS 1, 3, AND (43 U.S.C. 1601 et seq.). (d) ACCESS EASEMENT ACROSS TRACTS 2, 5, 4.—Within 1 year after the Secretary notifies the (3) OFFER TO BSNC.— AND 6.—In conveyance documents to the State Secretary of the Interior that the Coast Guard (A) ACCEPTANCE BY BSNC.— and BSNC under this subtitle, the Coast Guard no longer needs to retain jurisdiction of Tract 1, (i) IN GENERAL.—Subject to clause (ii), if shall retain an access easement across Tracts 2, Tract 3, or Tract 4 and subject to section 534, BSNC chooses to accept an offer of conveyance 5, and 6 reasonably necessary to afford the the Secretary of the Interior shall convey to of Tract 6 under paragraph (2)(B), the Secretary Coast Guard with access to Tracts 1, 3, and 4 for BSNC or the State, subject to valid existing of the Interior shall consider Tract 6 as within its operations. rights, all right, title, and interest of the United BSNC’s entitlement under section 14(h)(8) of the (e) ACCESS.—Not later than 30 days after the States in and to the surface and subsurface es- Alaska Native Claims Settlement Act (43 U.S.C. date of the enactment of this Act, the Coast tates of that Tract in accordance with sub- 1613(h)(8)) and shall convey Tract 6 to BSNC. Guard shall provide to the State and BSNC, ac- section (d). (ii) LEASE BY THE STATE.—The conveyance of cess to Tracts for planning, design, and engi- (b) AUTHORITY TO CONVEY TRACTS 2 AND 5.— Tract 6 to BSNC shall be subject to BSNC nego- neering related to remediation and use of and Within 1 year after the date of the enactment of tiating a lease of Tract 6 to the State at no cost construction on those Tracts. this section and subject to section 534, the Sec- to the State, if the State requests such a lease. (f) PUBLIC ACCESS EASEMENTS.—No public ac- retary of the Interior shall convey, subject to (B) DECLINE BY BSNC.—If BSNC declines to cess easements may be reserved to the United valid existing rights, all right, title, and interest accept an offer of conveyance of Tract 6 under States under section 17(b) of the Alaska Native of the United States in and to the surface and paragraph (2)(B), the Secretary of the Interior Claims Settlement Act (43 U.S.C. 1616(b)) with subsurface estates of Tract 2 and Tract 5 in ac- shall dispose of Tract 6 pursuant to the applica- respect to the land conveyed under this subtitle. cordance with subsection (d). ble public land laws. SEC. 536. RELATIONSHIP TO PUBLIC LAND ORDER (c) AUTHORITY TO TRANSFER TRACT 6.—Within SEC. 534. ENVIRONMENTAL COMPLIANCE, LIABIL- 2650. one year after the date of the enactment of this ITY, AND MONITORING. (a) TRACTS NOT CONVEYED.—Any Tract that Act and subject to sections 534 and 535, the Sec- (a) ENVIRONMENTAL COMPLIANCE.—Nothing in is not conveyed under this subtitle shall remain retary of the Interior shall convey, subject to this Act or any amendment made by this Act withdrawn pursuant to Public Land Order 2650 valid existing rights, all right, title, and interest may be construed to affect or limit the applica- (published in the Federal Register on April 12, of the United States in and to the surface and tion of or obligation to comply with any appli- 1962). subsurface estates of Tract 6 in accordance with cable environmental law, including section (b) TRACTS CONVEYED.—For any Tract con- subsection (e). 120(h) of the Comprehensive Environmental Re- veyed under this subtitle, Public Land Order (d) ORDER OF OFFER TO CONVEY TRACT 1, 2, sponse, Compensation, and Liability Act of 1980 2650 shall automatically terminate upon 3, 4, OR 5.— (42 U.S.C. 9620(h)). issuance of a conveyance document issued pur- (1) DETERMINATION AND OFFER.— (b) LIABILITY.—A person to which a convey- suant to this subtitle for such Tract. (A) TRACT 1, 3, OR 4.—If the Secretary makes ance is made under this subtitle shall hold the SEC. 537. ARCHEOLOGICAL AND CULTURAL RE- the determination under subsection (a) and sub- United States harmless from any liability with SOURCES. ject to section 534, the Secretary of the Interior respect to activities carried out on or after the Conveyance of any Tract under this subtitle shall offer Tract 1, Tract 3, or Tract 4 for con- date of the conveyance of the real property con- shall not affect investigations, criminal jurisdic- veyance to BSNC under the Alaska Native veyed. The United States shall remain respon- tion, and responsibilities regarding theft or van- Claims Settlement Act (43 U.S.C. 1601 et seq.). sible for any liability with respect to activities dalism of archeological or cultural resources lo- (B) TRACT 2 AND 5.—Subject to section 534, the carried out before such date on the real property cated in or on such Tract that took place prior Secretary of the Interior shall offer Tract 2 and conveyed. to conveyance under this subtitle.

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SEC. 538. MAPS AND LEGAL DESCRIPTIONS. (c) DUTIES.—The duties of the Council are as wrecks or maritime heritage in the Great (a) PREPARATION OF MAPS AND LEGAL DE- follows: Lakes’’; and SCRIPTIONS.—As soon as practicable after the (1) To develop a Port Management Coordina- (C) inserting before the period at the end the date of the enactment of this Act, the Secretary tion Plan to help coordinate infrastructure de- following: ‘‘, unless the designation documents of the Interior in consultation with the Sec- velopment and operations at the Port of Point for such sanctuary do not allow taking up or retary shall prepare maps and legal descriptions Spencer, that includes plans for— discharging ballast water in such sanctuary’’; of Tract 1, Tract 2, Tract 3, Tract 4, Tract 5, (A) construction; and and Tract 6. In doing so, the Secretary of the (B) funding eligibility; (2) in the table of contents in section 2, by Interior may use metes and bounds legal de- (C) land use planning and development; and striking the item relating to such section and in- scriptions based upon the official survey plats of (D) public interest use and access, emergency serting the following: Point Spencer accepted by the Bureau of Land preparedness, law enforcement, protection of ‘‘Sec. 610. Safe vessel operation in the Great Management on December 6, 1978, and on infor- Alaska Native archaeological and cultural re- Lakes.’’. sources, and other matters that are necessary mation provided by the Secretary. SEC. 603. USE OF VESSEL SALE PROCEEDS. (b) SURVEY.—Not later than 5 years after the for public and private entities to function in (a) AUDIT.—The Comptroller General of the date of the enactment of this Act, the Secretary proximity together in a remote location. (2) Update the Plan annually for the first 5 United States shall conduct an audit of funds of the Interior shall survey Tracts conveyed credited in each fiscal year after fiscal year 2004 under this subtitle and patent the Tracts in ac- years after the date of the enactment of this Act and biennially thereafter. to the Vessel Operations Revolving Fund that cordance with the official plats of survey. are attributable to the sale of obsolete vessels in (c) LEGAL EFFECT.—The maps and legal de- (3) Facilitate coordination among BSNC, the the National Defense Reserve Fleet that were scriptions prepared under subsection (a) and the State, and the Coast Guard, on the development scrapped or sold under sections 57102, 57103, and surveys prepared under subsection (b) shall and use of the land and coastline as such devel- 57104 of title 46, United States Code, including— have the same force and effect as if the maps opment relates to activities at the Port of Point Spencer. (1) a complete accounting of all vessel sale and legal descriptions were included in this Act. proceeds attributable to the sale of obsolete ves- (d) CORRECTIONS.—The Secretary of the Inte- (4) Assess the need, benefits, efficacy, and de- sels in the National Defense Reserve Fleet that rior may correct any clerical and typographical sirability of establishing in the future a port au- were scrapped or sold under sections 57102, errors in the maps and legal descriptions pre- thority at Point Spencer under State law and 57103, and 57104 of title 46, United States Code, pared under subsection (a) and the surveys pre- act upon that assessment, as appropriate, in- cluding taking steps for the potential formation in each fiscal year after fiscal year 2004; pared under subsection (b). (2) the annual apportionment of proceeds ac- (e) AVAILABILITY.—Copies of the maps and of such a port authority. counted for under paragraph (1) among the uses legal descriptions prepared under subsection (a) (d) PLAN.—In addition to the requirements authorized under section 308704 of title 54, and the surveys prepared under subsection (b) under subsection (c)(1) to the greatest extent United States Code, in each fiscal year after fis- shall be available for public inspection in the practicable, the Plan developed by the Council shall facilitate and support the statutory mis- cal year 2004, including— appropriate offices of— (A) for National Maritime Heritage Grants, in- (1) the Bureau of Land Management; and sions and duties of the Coast Guard and oper- cluding a list of all annual National Maritime (2) the Coast Guard. ations of the Coast Guard in the Arctic. Heritage Grant grant and subgrant awards that SEC. 539. CHARGEABILITY FOR LAND CONVEYED. (e) COSTS.—Operations and management costs for airstrips, runways, and taxiways at Point identifies the respective grant and subgrant re- (a) CONVEYANCES TO ALASKA.—The Secretary cipients and grant and subgrant amounts; of the Interior shall charge any conveyance of Spencer shall be determined pursuant to provi- sions of the Plan, as negotiated by the Council. (B) for the preservation and presentation to land conveyed to the State of Alaska pursuant the public of maritime heritage property of the to this subtitle against the State’s remaining en- TITLE VI—MISCELLANEOUS Maritime Administration; titlement under section 6(b) of the Act of July 7, SEC. 601. MODIFICATION OF REPORTS. (C) to the United States Merchant Marine 1958 (commonly known as the ‘‘Alaska State- (a) DISTANT WATER TUNA FLEET.—Section Academy and State maritime academies, includ- hood Act’’; Public Law 85–508: 72 Stat. 339). 421(d) of the Coast Guard and Maritime Trans- ing a list of annual awards; and (b) CONVEYANCES TO BSNC.—The Secretary of portation Act of 2006 (46 U.S.C. 8103 note) is (D) for the acquisition, repair, reconditioning, the Interior shall charge any conveyance of amended by striking ‘‘On March 1, 2007, and or improvement of vessels in the National De- land conveyed to BSNC pursuant to this sub- annually thereafter’’ and inserting ‘‘Not later fense Reserve Fleet; and title, against BSNC’s remaining entitlement than July 1 of each year’’. (3) an accounting of proceeds, if any, attrib- under section 14(h)(8) of the Alaska Native (b) ANNUAL UPDATES ON LIMITS TO LIABIL- utable to the sale of obsolete vessels in the Na- Claims Settlement Act (43 U.S.C. 1613(h)(8)). ITY.—Section 603(c)(3) of the Coast Guard and tional Defense Reserve Fleet that were scrapped SEC. 540. REDUNDANT CAPABILITY. Maritime Transportation Act of 2006 (33 U.S.C. or sold under sections 57102, 57103, and 57104 of (a) IN GENERAL.—Except as provided in sub- 2704 note) is amended by striking ‘‘on an annual title 46, United States Code, in each fiscal year section (b), section 681 of title 14, United States basis.’’ and inserting ‘‘not later than January after fiscal year 2004, that were expended for Code, as amended by this Act, shall not be con- 30 of the year following each year in which oc- uses not authorized under section 308704 of title strued to prohibit any transfer or conveyance of curs an oil discharge from a vessel or nonvessel 54, United States Code. lands under this subtitle or any actions that in- source that results or is likely to result in re- (b) SUBMISSION TO CONGRESS.—Not later than volve the dismantling or disposal of infrastruc- moval costs and damages (as those terms are de- 180 days after the date of the enactment this ture that supported the former LORAN system fined in section 1001 of the Oil Pollution Act of Act, the Comptroller General shall submit the that are associated with the transfer or convey- 1990 (33 U.S.C. 2701)) that exceed liability limits audit conducted in subsection (a) to the Com- ance of lands under this subtitle. established under section 1004 of the Oil Pollu- mittee on Armed Services, the Committee on Nat- (b) CONTINUED ACCESS TO AND USE OF FACILI- tion Act of 1990 (33 U.S.C. 2704).’’. ural Resources, and the Committee on Transpor- TIES.—If the Secretary of the department in (c) REPORT.—Not later than 60 days after the tation and Infrastructure of the House of Rep- which the Coast Guard is operating determines, date of the enactment of this Act, the Com- resentatives and the Committee on Commerce, within the 5-year period beginning on the date mandant of the Coast Guard shall submit to the Science, and Transportation of the Senate. of the enactment of this Act, that a facility on Secretary of the department in which the Coast SEC. 604. NATIONAL ACADEMY OF SCIENCES COST any of Tract 1, Tract 3, or Tract 4 that is trans- Guard is operating a report detailing the speci- ASSESSMENT. ferred under this subtitle is subsequently re- fications and capabilities for interoperable com- (a) COST ASSESSMENT.—The Secretary of the quired to provide a positioning, navigation, and munications the Commandant determines are department in which the Coast Guard is oper- timing system to provide redundant capability necessary to allow the Coast Guard to success- ating shall seek to enter into an arrangement in the event GPS signals are disrupted, the Sec- fully carry out its missions that require commu- with the National Academy of Sciences under retary may, for as long as such facility is need- nications with other Federal agencies, State and which the Academy, by no later than 365 days ed to provide redundant capability— local governments, and nongovernmental enti- after the date of the enactment of this Act, shall (1) operate, maintain, keep, locate, inspect, re- ties. submit to the Committee on Transportation and pair, and replace such facility; and SEC. 602. SAFE VESSEL OPERATION IN THE Infrastructure and the Committee on Science, (2) in carrying out the activities described in GREAT LAKES. Space, and Technology of the House of Rep- paragraph (1), enter, at any time, the facility The Howard Coble Coast Guard and Maritime resentatives and the Committee on Commerce, without notice to the extent that it is not pos- Transportation Act of 2014 (Public Law 113–281) Science, and Transportation of the Senate an sible to provide advance notice. is amended— assessment of the costs incurred by the Federal SEC. 541. PORT COORDINATION COUNCIL FOR (1) in section 610, by— Government to carry out polar icebreaking mis- POINT SPENCER. (A) striking the section enumerator and head- sions. The assessment shall— (a) ESTABLISHMENT.—There is established a ing and inserting the following: (1) describe current and emerging require- Port Coordination Council for the Port of Point ‘‘SEC. 610. SAFE VESSEL OPERATION IN THE ments for the Coast Guard’s polar icebreaking Spencer. GREAT LAKES.’’; capabilities, taking into account the rapidly (b) MEMBERSHIP.—The Council shall consist (B) striking ‘‘existing boundaries and any fu- changing ice cover in the Arctic environment, of a representative appointed by each of the fol- ture expanded boundaries of the Thunder Bay national security considerations, and expanding lowing: National Marine Sanctuary and Underwater commercial activities in the Arctic and Ant- (1) The State. Preserve’’ and inserting ‘‘boundaries of any na- arctic, including marine transportation, energy (2) BSNC. tional marine sanctuary that preserves ship- development, fishing, and tourism;

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VENUE. leasing, service contracts, crewing, and tech- a vessel in the Puget Sound region to support Section 311(d) of the Magnuson-Stevens Fish- nology options that could minimize life-cycle the marine and maritime science education. ery Conservation and Management Act (16 costs and optimize efficiency and reliability of (b) ‘‘F/V RONDYS’’.—Notwithstanding section U.S.C. 1861(d)) is amended by striking the sec- Coast Guard polar icebreaker operations in the 12132 of title 46, United States Code, the Sec- ond sentence and inserting ‘‘In the case of Ha- Arctic and Antarctic; and retary of the department in which the Coast waii or any possession of the United States in (3) examine— Guard is operating may issue a certificate of the Pacific Ocean, the appropriate court is the (A) Coast Guard estimates of the procurement documentation with a coastwise endorsement for United States District Court for the District of and operating costs of a Polar icebreaker capa- the F/V Rondys (O.N. 291085) Hawaii, except that in the case of Guam and ble of carrying out Coast Guard maritime safety, SEC. 606. INTERNATIONAL ICE PATROL. Wake Island, the appropriate court is the national security, and stewardship responsibil- (a) REQUIREMENT FOR REPORT.—Not later United States District Court for the District of ities including— than 180 days after the date of the enactment of Guam, and in the case of the Northern Mariana (i) economies of scale that might be achieved this Act, the Commandant of the Coast Guard Islands, the appropriate court is the United for construction of multiple vessels; and shall submit to the Committee on Commerce, States District Court for the District of the (ii) costs of renovating existing polar class ice- Science, and Transportation of the Senate and Northern Mariana Islands.’’. breakers to operate for a period of no less than the Committee on Transportation and Infra- SEC. 610. DISPOSITION OF INFRASTRUCTURE RE- 10 years. structure and the Committee on Science, Space, LATED TO E-LORAN. (B) the incremental cost to augment the de- and Technology of the House of Representatives (a) DISPOSITION OF INFRASTRUCTURE.— sign of such an icebreaker for multiuse capabili- a report that describes the current operations to (1) IN GENERAL.—Chapter 17 of title 14, United ties for scientific missions; perform the International Ice Patrol mission States Code, is amended by adding at the end (C) the potential to offset such incremental and on alternatives for carrying out that mis- the following: cost through cost-sharing agreements with other sion, including satellite surveillance technology. ‘‘§ 681. Disposition of infrastructure related to Federal departments and agencies; and (b) ALTERNATIVES.—The report required by E–LORAN (D) United States polar icebreaking capability subsection (a) shall include whether an alter- ‘‘(a) IN GENERAL.—The Secretary may not in comparison with that of other Arctic nations, native— carry out activities related to the dismantling or and with nations that conduct research in the (1) provides timely data on ice conditions with disposal of infrastructure comprising the Arctic. the highest possible resolution and accuracy; LORAN–C system until the date on which the (2) is able to operate in all weather conditions (b) INCLUDED COSTS.—For purposes of sub- Secretary provides to the Committee on Trans- or any time of day; and section (a), the assessment shall include costs portation and Infrastructure and the Committee (3) is more cost effective than the cost of cur- incurred by the Federal Government for— on Appropriations of the House of Representa- rent operations. (1) the lease or operation and maintenance of tives and the Committee on Commerce, Science, the vessel or vessels concerned; SEC. 607. ASSESSMENT OF OIL SPILL RESPONSE and Transportation and the Committee on Ap- (2) disposal of such vessels at the end of the AND CLEANUP ACTIVITIES IN THE GREAT LAKES. propriations of the Senate notice of a determina- useful life of the vessels; tion by the Secretary that such infrastructure is (a) ASSESSMENT.—The Commandant of the (3) retirement and other benefits for Federal not required to provide a positioning, naviga- employees who operate such vessels; and Coast Guard, in consultation with the Adminis- trator of the National Oceanic and Atmospheric tion, and timing system to provide redundant (4) interest payments assumed to be incurred capability in the event the Global Positioning for Federal capital expenditures. Administration and the head of any other agen- cy the Commandant determines appropriate, System signals are disrupted. (c) ASSUMPTIONS.—For purposes of comparing XCEPTION.—Subsection (a) does not shall conduct an assessment of the effectiveness ‘‘(b) E the costs of such alternatives, the Academy apply to activities necessary for the safety of of oil spill response activities specific to the shall assume that— human life. (1) each vessel under consideration is— Great Lakes. Such assessment shall include— (1) an evaluation of new research into oil spill ‘‘(c) DISPOSITION OF PROPERTY.— (A) capable of breaking out McMurdo Station ‘‘(1) IN GENERAL.—On any date after the noti- impacts in fresh water under a wide range of and conducting Coast Guard missions in the fication is made under subsection (a), the Ad- conditions; and Antarctic, and in the United States territory in ministrator of General Services, acting on behalf the Arctic (as that term is defined in section 112 (2) an evaluation of oil spill prevention and clean up contingency plans, in order to improve of the Secretary, may, notwithstanding any of the Arctic Research and Policy Act of 1984 (15 other provision of law, sell any real and per- U.S.C. 4111)); and understanding of oil spill impacts in the Great Lakes and foster innovative improvements to sonal property under the administrative control (B) operated for a period of 30 years; of the Coast Guard and used for the LORAN–C (2) the acquisition of services and the oper- safety technologies and environmental protec- tion systems. system, subject to such terms and conditions ation of each vessel begins on the same date; that the Secretary believes to be necessary to and (b) REPORT TO CONGRESS.—Not later than 2 years after the date of the enactment of this protect government interests and program re- (3) the periods for conducting Coast Guard quirements of the Coast Guard. missions in the Arctic are of equal lengths. Act, the Commandant of the Coast Guard shall submit to the Congress a report on the results of ‘‘(2) AVAILABILITY OF PROCEEDS.— (d) USE OF INFORMATION.—In formulating cost ‘‘(A) AVAILABILITY OF PROCEEDS.—The pro- the assessment required by subsection (a). pursuant to subsection (a), the National Acad- ceeds of such sales, less the costs of sale in- emy of Sciences may utilize information from SEC. 608. REPORT ON STATUS OF TECHNOLOGY curred by the General Services Administration, other Coast Guard reports, assessments, or anal- DETECTING PASSENGERS WHO HAVE FALLEN OVERBOARD. shall be deposited as offsetting collections into yses regarding existing Coast Guard Polar class Not later than 18 months after the date of the the Coast Guard ‘Environmental Compliance icebreakers or for the acquisition of a polar ice- enactment of this Act, the Commandant of the and Restoration’ account and, without further breaker for the Federal Government. Coast Guard shall submit a report to the Com- appropriation, shall be available until expended SEC. 605. COASTWISE ENDORSEMENTS. mittee on Commerce, Science, and Transpor- for— (a) ‘‘ELETTRA III’’.— tation of the Senate and the Committee on ‘‘(i) environmental compliance and restoration (1) IN GENERAL.—Notwithstanding sections Transportation and Infrastructure of the House purposes associated with the LORAN–C system; 12112 and 12132, of title 46, United States Code, of Representatives that— ‘‘(ii) the costs of securing and maintaining and subject to paragraphs (2) and (3), the Sec- (1) describes the status of technology for im- equipment that may be used as a backup to the retary of the department in which the Coast mediately detecting passengers who have fallen Global Positioning System or to meet any other Guard is operating may issue a certificate of overboard; Federal navigation requirement; documentation with a coastwise endorsement for (2) includes a recommendation to cruise lines ‘‘(iii) the demolition of improvements on such the vessel M/V Elettra III (United States official on the feasibility of implementing technology real property; and number 694607). that immediately detects passengers who have ‘‘(iv) the costs associated with the sale of such (2) LIMITATION ON OPERATION.—Coastwise fallen overboard, factoring in cost and the risk real and personal property, including due dili- trade authorized under a certificate of docu- of false positives; gence requirements, necessary environmental re- mentation issued under paragraph (1) shall be (3) includes data collected from cruise lines on mediation, and reimbursement of expenses in- limited to the carriage of passengers and equip- the status of the integration of the technology curred by the General Services Administration. ment in association with the operation of the described in paragraph (2) on cruise ships, in- ‘‘(B) OTHER ENVIRONMENTAL COMPLIANCE AND vessel in the Puget Sound region to support ma- cluding— RESTORATION ACTIVITIES.—After the completion rine and maritime science education. (A) the number of cruise ships that have the of activities described in subparagraph (A), the (3) TERMINATION OF EFFECTIVENESS OF CER- technology to capture images of passengers who unexpended balances of such proceeds shall be TIFICATE.—A certificate of documentation issued have fallen overboard; and available for any other environmental compli- under paragraph (1) shall expire on the earlier (B) the number of cruise lines that have tested ance and restoration activities of the Coast of— technology that can detect passengers who have Guard.’’ (A) the date of the sale of the vessel or the en- fallen overboard; and (2) CLERICAL AMENDMENT.—The analysis at tity that owns the vessel; (4) includes information on any other avail- the beginning of such chapter is amended by (B) the date any repairs or alterations are able technologies that cruise ships could inte- adding at the end the following: made to the vessel outside of the United States; grate to assist in facilitating the search and res- ‘‘681. Disposition of infrastructure related to E– or cue of a passenger who has fallen overboard. LORAN.’’.

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 6343 E:\CR\FM\A01FE7.036 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H418 CONGRESSIONAL RECORD — HOUSE February 1, 2016 (3) CONFORMING REPEALS.— important legislation that will assist Now, the bill is not perfect. In fact, I (A) Section 229 of the Howard Coble Coast the Coast Guard in fulfilling its mis- haven’t seen one in the years I have Guard and Maritime Transportation Act of 2014 sions. been here, and that has been a few (Public Law 113–281; 128 Stat. 3040), and the I thank the committee ranking mem- item relating to that section in section 2 of such years now; but that is the case with bers, Mr. DEFAZIO and Mr. GARAMENDI, Act, are repealed. virtually every piece of bipartisan leg- (B) Subsection 559(e) of the Department of for their hard work and their efforts, islation that has been passed by Con- Homeland Security Appropriations Act, 2010 and Chairman SHUSTER for his leader- gress. On balance, the benefits of this (Public Law 111–83; 123 Stat. 2180) is repealed. ship. Our collective interests to sup- bill really outweigh any detrimental (b) AGREEMENTS TO DEVELOP BACKUP POSI- port the Coast Guard and its many aspects. TIONING, NAVIGATION, AND TIMING SYSTEM.— missions allowed for the development I am pleased this legislation will pro- Section 93(a) of title 14, United States Code, is of the bill before us today. vide an increased authorized funding amended by striking ‘‘and’’ after the semicolon The members of the Coast Guard do a level for the Coast Guard for the next at the end of paragraph (23), by striking the pe- tremendous job for our Nation. Coast riod at the end of paragraph (24) and inserting 2 fiscal years. Our Coast Guard has suf- ‘‘; and’’, and by adding at the end the following Guard servicemembers place their lives fered over the past 3 to 4 fiscal years the following: on the line and at risk on a daily basis due to insufficient budgets. The au- ‘‘(25) enter into cooperative agreements, con- to save those in danger, ensure the thorized funding levels in this legisla- tracts, and other agreements with Federal enti- safety and security of our ports and tion, along with the increased appro- ties and other public or private entities, includ- waterways, and protect our environ- priation in the fiscal year 2016 omnibus ing academic entities, to develop a positioning, mental resources. bill, are a marked improvement. navigation, and timing system to provide redun- Passing H.R. 4188 will help rebuild The importance of budget stability to dant capability in the event Global Positioning and strengthen the Coast Guard. It will the men and women of the Coast Guard System signals are disrupted, which may consist also demonstrate the strong support of an enhanced LORAN system.’’. cannot be overstated. Coastguardsmen Congress has for the men and women of SEC. 611. PARKING. and -women are pressed daily to meet Section 611(a) of the Howard Coble Coast the Coast Guard and the deep apprecia- the arduous demands of the service’s 11 Guard and Maritime Transportation Act of 2014 tion we have for the sacrifices they statutory missions which scatter them (Public Law 113–281; 128 Stat. 3064) is amended make for our Nation. over seven different continents and by adding at the end the following: b 1900 every ocean. In fact, last week, I saw ‘‘(3) REIMBURSEMENT.—Through September 30, I thank John Rayfield, who is on my three of our cutters at the dock in Bah- 2017, additional parking made available under rain working to preserve our interests paragraph (2) shall be made available at no cost staff, and the Democrats’ staff for what to the Coast Guard or members and employees of they have done on this bill. I thank in the Persian Gulf. The last thing our Coast Guard needs the Coast Guard.’’. Reyna Hernandez McGrail for the work is to face recurrent budget uncertain- SEC. 612. INAPPLICABILITY OF LOAD LINE RE- that she put in, and I thank Com- ties, a circumstance which leaves the QUIREMENTS TO CERTAIN UNITED mander Burdian, with the Coast Guard, STATES VESSELS TRAVELING IN THE service’s leadership unable to know ex- who liaised with us on a daily basis to GULF OF MEXICO. actly what resources and capabilities get this done. Section 5102(b) of title 46, United States Code, they have available to perform vital is amended by adding at the end the following: I urge all Members to support H.R. ‘‘(13) a vessel of the United States on a domes- 4188 as amended by the Senate. national security functions, such as ad- tic voyage that is within the Gulf of Mexico and Mr. Speaker, I reserve the balance of dressing port and harbor security, ille- operating not more than 15 nautical miles sea- my time. gal drug and migrant interdiction, ward of the base line from which the territorial Mr. GARAMENDI. Mr. Speaker, I search and rescue, law enforcement and sea of the United States is measured between yield myself such time as I may con- environmental response actions, and Crystal Bay, Florida and Hudson Creek, Flor- sume. several other important activities. ida.’’. I am pleased to be here again, at the This legislation will also strengthen The SPEAKER pro tempore. Pursu- beginning of another year, to rise to our national security through provi- ant to the rule, the gentleman from join Chairman HUNTER in strong sup- sions that enhance policies that govern California (Mr. HUNTER) and the gen- port of legislation to authorize funding foreign port security assignments. Oth- tleman from California (Mr. for the United States Coast Guard and ers that bolster the coordination of GARAMENDI) each will control 20 min- to advance new policy initiatives to international port inspections, con- utes. strengthen the prospects for the U.S. ducted by the Coast Guard and our for- The Chair recognizes the gentleman flag and the U.S. maritime industry. eign partners, will help better ensure from California (Mr. HUNTER). H.R. 4188, the Coast Guard Authoriza- that critical maritime infrastructure GENERAL LEAVE tion Act of 2015, is very carefully craft- does not become a liability for national Mr. HUNTER. Mr. Speaker, I ask ed bipartisan-bicameral legislation security. unanimous consent that all Members that has been developed over the Additionally, language included in may have 5 legislative days in which to course of far too long. It should have the bill will strengthen the Coast revise and extend their remarks and to and could have been done last year, but Guard’s maritime drug enforcement include extraneous material on H.R. here we are. authority, which should improve the 4188. I thank the Senate. I guess I should Federal Government’s activities in the The SPEAKER pro tempore. Is there be a little more kind to the other Western Hemisphere to combat illegal objection to the request of the gen- House. drug trafficking, which has had a sub- tleman from California? Several months of negotiation with stantial destabilizing effect on several There was no objection. Members of the Senate have finally nations across the region. Mr. HUNTER. Mr. Speaker, I yield concluded. This bill is deserving of ro- I am also very pleased that this legis- myself such time as I may consume. bust support from Members on both lation continues to move the ball down Mr. Speaker, I stand here with my sides of the aisle, and I urge its quick the field in an effort to strengthen and good friend from California (Mr. passage by the House today so it can be to recapitalize a new fleet of polar GARAMENDI), and it looks like the third enrolled and sent to the President for class heavy icebreakers for the Coast time is the charm for the Coast Guard his signature. Guard. Authorization Act of 2015. After twice I thank Chairman HUNTER for his It is clear that we are witnessing the passing an authorization bill to the leadership and cooperative spirit in opening of the Arctic to maritime com- Senate in 2015, we finally have before working with me and the other Demo- merce. We have got to do something, us a Senate-passed bill. crats to address our interests and con- and this bill puts us on the road to H.R. 4188, as amended by the Senate, cerns. The willingness of Chairman doing that. In this most challenging of is very similar to the legislation which HUNTER and of his outstanding staff on maritime environments, it is vital that passed the House in December of 2015. the Coast Guard and Maritime Trans- the service has the icebreaking capa- It makes several reforms to Coast portation Subcommittee to collaborate bilities it will need to operate safely Guard authorities, as well as laws gov- and work with the minority is very, and effectively; so we will figure out erning shipping and navigation. It is very much appreciated. whether the Polar Sea can actually be

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.036 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H419 refitted. Additionally, this legislation staff that they need because they can’t staff for their time and effort. I will authorizes funding to allow the Coast afford to live in the community. even squeak in a thank-you for the Guard to maintain progress in final- Section 501 of this bill is going to Senate for just finally getting it done. izing requirements and in initiating help in a very significant way to ad- Mr. Speaker, I yield back the balance preliminary designs for a new heavy dress this housing crunch in West of my time. icebreaker. Marin. It is going to take some Coast Mr. DEFAZIO. Mr. Speaker, I rise in strong In moving to an end here, I am Guard property that is excess property support of H.R. 4188, the ‘‘Coast Guard Au- pleased that the legislation includes and sell it at fair market value to the thorization Act of 2015’’, as amended by the language to continue to preserve the County of Marin. This will be a win- Senate. This legislation is virtually the same remaining infrastructure at the former win for the County of Marin and also bill that the House passed last December by LORAN–C stations until such time that for the Coast Guard. I look forward to voice vote. I urge Members from both sides of the administration makes a final deci- seeing the county begin working with the aisle to again support this important mari- sion on whether to build an enhanced local partners on repurposing this time legislation. LORAN, or E–LORAN, infrastructure property for the public benefit of af- As I noted when the bill passed the House as a reliable land-based, low-frequency fordable housing. late last year, this legislation reflects a sen- backup navigation and timing signal We still have a long way to go to sible compromise negotiated with the other for the global positioning satellite sig- make sure that working families in body that, most importantly, would provide in- nal, which, I think, most of us know is places like Marin County and every- creased authorized funding levels and budget the single point of failure for most of place else have access to quality hous- stability for the Coast Guard for the next two the American economy and for a good ing, but this bill is an important step years. Combined with the matching increases deal of our military. The GPS signal is for at least one community that I rep- in FY 2016 appropriations contained in the re- fairly easy to corrupt, to degrade, or to resent. cently-enacted Consolidated Appropriations otherwise disrupt. For this reason, we I thank the tireless group of advo- Act, we will have provided a solid foundation cates who have worked on this, espe- need to think seriously about a to build from in the coming fiscal year. cially West Marin County Supervisor backup, and this bill sets us on the Additionally, the legislation includes provi- Steve Kinsey, Kim Thompson, and all right course. sions to improve Coast Guard mission effec- This administration needs to make a of those at the Community Land Trust tiveness, continue efforts to recapitalize the Association of West Marin, and others. decision on this, and it should make it Service’s aging vessels and other assets—es- Finally, I thank Ranking Member now. The language in this legislation pecially the need for new polar icebreakers— DEFAZIO and Chairman SHUSTER as ensures that we will have available in and enhance maritime security and safety pol- well as the subcommittee members and the future the remaining LORAN–C in- icy. staff. I thank very much the gentleman frastructure. Importantly, the bill extends the existing from California (Mr. GARAMENDI). I look forward to working with statutory prohibition preventing the Coast Mr. HUNTER. Mr. Speaker, I reserve Guard from closing its air facility, or AIRFAC, Chairman SHUSTER, with Ranking the balance of my time. Member DEFAZIO, and, of course, with Mr. GARAMENDI. Mr. Speaker, I located in Newport, Oregon. Chairman HUNTER in advancing this yield myself the balance of my time. Due to budget cuts, in 2014, the Coast initiative wherever and whenever pos- If I might just close by saying a spe- Guard threatened to close the Newport sible. cial ‘‘thank you’’ to the chairman and AIRFAC—which handles one-half of the emer- Again, I thank Chairman HUNTER and his staff, to my staff—David—and to gency search and rescue response calls on his staff for their support for the Coast my own team on this. Also, this really the Central Oregon Coast. Guard and the U.S. maritime industry was a bipartisan bill; so I thank Chair- In fact, only last week a 40-foot crabbing and for their cooperation and leader- man THUNE and the ranking Democrat vessel capsized a mile from the entrance to ship in pulling this bill together. on the committee, BILL NELSON, for Coos Bay, throwing four fishermen into the Of course, Congressman SHUSTER, their efforts in putting together this frigid and perilous waters of the North Pacific who is the chairman of the Transpor- bill. Ocean. This incident again demonstrates that tation and Infrastructure Committee, Let’s get this job done. calamity can strike at anytime off the Oregon and Ranking Member DEFAZIO also de- Mr. Speaker, I yield back the balance Coast. It underscores the importance of keep- serve thanks for their leadership and of my time. ing a strong AIRFAC presence along the Or- contributions. Mr. HUNTER. Mr. Speaker, I yield egon coastline, to ensure the safety of Or- I thank my staff and the majority’s myself the balance of my time. egon’s fishing industry, and the people who staff for the work that they have done. In closing, the Coast Guard in the fu- live, recreate, or work along the coast. Mr. Speaker, I reserve the balance of ture is going to fulfill a much greater This legislation extends the existing statu- my time. role than it has filled since its incep- tory prohibition for an additional two years, Mr. HUNTER. Mr. Speaker, I reserve tion. As you have weapons of mass de- and likely longer, depending on whether the the balance of my time. struction become ubiquitous through- Coast Guard completes some necessary plan- Mr. GARAMENDI. Mr. Speaker, I out the world, the bad guys are going ning to address the looming need to recapi- yield 2 minutes to the gentleman from to use the same routes that they use to talize its two helicopter fleets. California (Mr. HUFFMAN). smuggle drugs and people to smuggle Moreover, after the prohibition expires, this Mr. HUFFMAN. Mr. Speaker, I thank weapons of mass destruction into this legislation authorizes a rigorous administrative the ranking member and the chairman country. process that the Coast Guard must follow be- for the good work that has gone into It is my belief and Mr. GARAMENDI’s fore it can close any AIRFAC. this very important bill. As somebody firm belief that the Coast Guard is In the future, the Coast Guard must prompt- who represents one-third of the Cali- going to play a major, pivotal role ly notify Members of Congress representing fornia coast, obviously, this legislation going forward. After the Iranian deal affected areas and convene public meetings in is important to me. I want to espe- goes through, who knows who is going communities within the area of responsibility of cially thank the chairman and ranking to have nuclear weapons. It is going to the AIRFAC to gather information on how the member for one part of this legislation be the Coast Guard that interdicts and closure would affect residents and visitors. that has special significance to the stops them on those same drug routes In its totality, this provision will ensure that people of Marin County, whom I am that they are going to be taking with any future proposal to close an AIRFAC will honored to represent. those weapons of mass destruction; so be vetted extensively through a transparent, Finding affordable housing in Marin it is important that we make sure that public process; a process that will ensure that County is very difficult, and it has only they are staffed, that they are capable, the Coast Guard’s search and rescue capabili- gotten harder since the Great Reces- and that they are ready to do what we ties are the absolute last place any one should sion and since the rebound in the real need them to do as a nation, even if it consider cutting in the Coast Guard’s budget. estate market. That has had an impact is different than what they have done I want to thank the Chairman of the Com- on the families I represent. It has had for the last few hundred years. mittee on Transportation and Infrastructure, an impact on businesses and on folks in I also thank my staff and Mr. Congressman BILL SHUSTER, for his leadership agriculture who can’t find the full-time GARAMENDI’s staff and my personal on this legislation. I also want to express my

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 E:\CR\FM\K01FE7.043 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H420 CONGRESSIONAL RECORD — HOUSE February 1, 2016 appreciation for the very constructive and bi- MAJOR SHAWN CAMPBELL; COR- I rise as a voice for the Essure Sisters partisan working relationship we have devel- PORAL MATTHEW DROWN— to tell this Chamber that their pain is oped to advance the agenda of the Committee TEXAS MARINES real, their stories are real, and their this Congress. This legislation is a great start (Mr. POE of Texas asked and was fight is real. to 2016. given permission to address the House Mr. Speaker, my bill, the E-Free Act, I also want to thank the Chairman of the for 1 minute and to revise and extend can halt this tragedy by removing this Subcommittee on Coast Guard and Maritime his remarks.) dangerous device from the market. Too Transportation, Congressman DUNCAN HUN- Mr. POE of Texas. Mr. Speaker, while many women have been harmed. TER, and Ranking Member JOHN GARAMENDI, patrolling the blue South Pacific seas, I urge my colleagues to join this for their support for this provision, and for their two American Stallion helicopters col- fight because stories like Elvira’s are close cooperation and contributions throughout lided off the coast of Hawaii. It was too important to ignore. negotiations with the other body. January 14, 2016. Twelve U.S. marines f In closing, Mr. Speaker, the final legislation on board perished. Despite rescue ef- TRUTH IN ADVERTISING ACT OF before the House is a sensible, bipartisan forts by air and sea, the marines were 2016 product that supports our Nation’s Coast never found. Their watery graves are Guard. And while admittedly not perfect, this only known to God. (Ms. ROS-LEHTINEN asked and was legislation is something that Members on both Major Shawn Campbell, 41, and Cor- given permission to address the House sides of the aisle should readily support. poral Matthew Drown, 23, were Texas’ for 1 minute and to revise and extend I urge my colleagues to join me in sup- own. They were graduates of two her remarks.) porting this critical legislation. neighboring high schools—Klein and Ms. ROS-LEHTINEN. Mr. Speaker, I The SPEAKER pro tempore (Mr. Klein Oak—in my Texas congressional rise today to once again ask the Fed- YOUNG of Iowa). The question is on the district. eral Trade Commission to uphold its motion offered by the gentleman from Major Campbell, over here with two responsibility to protect consumers California (Mr. HUNTER) that the House of his children, was a hardcore marine. from the harmful effects of deceptive suspend the rules and concur in the A graduate of Texas A&M in microbi- imagery in advertisements. Senate amendment to the bill, H.R. ology, he served three tours of duty in Along with my colleagues, LOIS 4188. combat in the Middle East. Recently, CAPPS and TED DEUTCH, I am proud to The question was taken; and (two- he was ordered to the States as an in- introduce the Truth in Advertising Act thirds being in the affirmative) the structor pilot. Major Campbell left be- of 2016 to direct the FTC to more fully rules were suspended and the Senate hind a wife and four kids. study deceptive ads. amendment was concurred in. Corporal Matthew Drown joined the Research shows that a photo-shopped A motion to reconsider was laid on Marines right out of Klein Oak High body and facial image can have a nega- the table. School in 2011. He was on the debate tive impact on mental health, poten- team and was a friend everyone wanted tially leading to the onset of depres- f to have. He was planning on reenlisting sion, anxiety, and other behavioral dis- in the Marine Corps. orders. In particular, deceptive imagery may PENN STATE POLICE OFFICER These volunteers lived and died pro- be contributing to the explosion of eat- STEW NEFF MARKS 50 YEARS OF tecting America. They are the best ing disorders in our country, with 30 SERVICE that we have. Mr. Speaker, there is nothing like a million Americans now suffering and (Mr. THOMPSON of Pennsylvania marine. Ronald Reagan said: ‘‘Some nearly two dozen deaths occurring each asked and was given permission to ad- people spend an entire lifetime won- day from eating disorders. dress the House for 1 minute and to re- dering if they made a difference . . . It is time we all worked together to vise and extend his remarks.) The Marines don’t have that problem.’’ stop these deceptive advertising prac- Mr. THOMPSON of Pennsylvania. These men of Texas—Major Campbell tices and end their heavy cost on fami- Mr. Speaker, I deeply admire the serv- and Corporal Drown—are two of those lies and taxpayers. ice of policemen and -women who serve marines. f across Pennsylvania’s Fifth Congres- Now there are two more marines GRANITE STATERS COPE WITH sional District; but, today, I rise to guarding Heaven’s pearly gates. We HEROIN EPIDEMIC note Lieutenant Stew Neff’s service. He pray for their families. has been a member of the Penn State Semper Fi, Marines. Semper Fi. (Mr. GUINTA asked and was given University Police Department for the And that is just the way it is. permission to address the House for 1 past five decades. f minute and to revise and extend his re- Lieutenant Neff was born and raised marks.) not too far from State College, and he b 1915 Mr. GUINTA. Mr. Speaker, I rise to joined the Penn State Police Depart- E-FREE ACT recognize selfless Granite Staters, ment as a dispatcher on January 10, (Mr. FITZPATRICK asked and was helping our State cope with the deadly 1966. Since then, he has filled many given permission to address the House heroin epidemic. Last month, in Roch- roles, most recently as a training offi- for 1 minute and to revise and extend ester, I visited Hope on Haven Hill. cer, as a firearms instructor, and as a his remarks.) Kerry Norton and Colene Arnold found- special events coordinator for the past Mr. FITZPATRICK. Mr. Speaker, I ed the charity to help pregnant New 13 years. rise to tell the story of Elvira Lopez of Hampshire mothers recover from her- As a sign of his longevity with the Odessa, Texas, one of tens of thousands oin addiction and improve the health of department, consider that the current of women harmed by the permanent their newborns. assistant chief went to high school sterilization device, Essure. Neonatal Abstinence Syndrome— with Lieutenant Neff’s daughter. At a Elvira’s story began in 2011 when she newborn babies addicted to drugs—is time when so many people switch jobs sought a tubal ligation. She was in- growing at a fast rate as heroin abuse at the drop of a hat, Stew’s dedication stead introduced to Essure. After sur- spreads across our country. There were to the Penn State Police Department gery, her health began to decline dra- over 27,000 NAS cases in 2014, up from and to the university, itself, is highly matically. 5,000 just a decade earlier. commendable. Despite symptoms of confusion, low Babies with NAS suffer from painful Lieutenant Neff isn’t planning on re- energy, and constant pain, doctor after withdrawal. Treatment centers like tiring soon. He says that he still loves doctor told her that the device was not Hope on Haven Hill are helping to pre- his job and embraces the opportunity causing her health issues. vent the worst kind. to serve his community as a member of Then, in 2015, she had no choice but Another place in Manchester, New the Penn State Police Department. I to undergo a hysterectomy as a last- Hampshire, Hope for New Hampshire wish Stew the best of luck as his career ditch attempt to end the pain caused Recovery, will also open. Melissa Crews continues. by this flawed device. and Dick Anagnost, cofounders of Hope

VerDate Sep 11 2014 04:39 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.032 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H421 for New Hampshire Recovery, are do- rorist attacks and the same Iran who ment benefits through an arbitrary for- nating their time and energy to supply awards medals for the capture of U.S. mula called the windfall elimination our State with more treatment options soldiers. Despicable. provision, which can reduce their So- as Federal, State, and local govern- It is abundantly clear that Iran is not cial Security checks by up to $413 a ments develop better solutions. to be trusted, and we must prevent month. In Congress we created the bipartisan rogue nations from becoming stronger. That is why I have cosponsored and task force to combat the heroin epi- The administration needs to imme- why I strongly support H.R. 711, the demic to help develop these types of so- diately reverse its course and hold Equal Treatment of Public Servants lutions, and I praise these individuals those supporting terrorist efforts ac- Act, to reduce and to eliminate the for their selflessness. countable. windfall elimination provision. f In the name of national security, I I urge my colleagues to take it up for urge my colleagues in the House to join a vote as soon as possible so that we HONORING MARGARET DUNLEAVY me in voting in favor of this crucial can ensure that our public servants re- (Mr. BISHOP of Michigan asked and and timely piece of legislation. ceive both the Social Security benefits was given permission to address the f and the pensions that they most cer- House for 1 minute and to revise and tainly have earned. HONORING JULIA AARON extend his remarks.) f Mr. BISHOP of Michigan. Mr. Speak- HUMBLES er, I rise today to reflect on the career (Mr. RICHMOND asked and was given CONGRATULATING DARYL VEATCH of an outstanding public servant in my permission to address the House for 1 (Mrs. HARTZLER asked and was district, Margaret Dunleavy. minute and to revise and extend his re- given permission to address the House Mrs. Dunleavy retired at the end of marks.) for 1 minute.) 2015 after serving Livingston County as Mr. RICHMOND. Mr. Speaker, I just Mrs. HARTZLER. Mr. Speaker, I rise their clerk for 19 years. In her capacity want to take a second to recognize a today in admiration of a leader in Mis- as county clerk, Mrs. Dunleavy has civil rights hero and New Orleans na- souri’s Fourth District, Mr. Daryl been responsible for overseeing elec- tive who recently passed away: Julia Veatch. tions in the county as well as main- Aaron Humbles. Daryl has served tirelessly to provide taining vital records and all circuit An active participant in the civil reliable light and energy to Missouri court records. She was first elected in rights movement from an early age, members of the Osage Valley Electric 1996, and the voters of Livingston she was selected to be on the first Free- Cooperative, of which I am a lifelong County chose her as their clerk in four dom Ride bus at the age of 18, which member. After 43 years, Mr. Veatch has additional elections. was ultimately firebombed outside An- resigned his position as the general Her role as county clerk was not Mrs. niston, Alabama. manager of Osage Valley in Butler, Dunleavy’s first public service experi- She wasn’t on that bus. She was, in Missouri. ence. She previously served as the fact, in Orleans Parish prison because His passion for excellence was seen Hartland Township, Michigan, clerk she was arrested for picketing outside throughout all of his work: from the and deputy clerk. a segregated Woolworth’s department beginning at Grundy Electric Coopera- Mrs. Dunleavy will be remembered as store. tive, where he served as a clerk, to his a hardworking, professional, ethical, Julia was constantly testing the tenure as the president of the Missouri and highly qualified clerk. I am thank- rules of segregation in New Orleans. Electric Cooperative Human Resources ful to have had the opportunity to She is quoted as saying: I was the kind Association, the Accountants Associa- work with her, and I wish her all the of kid that would move up the colored tion, and a member of the Public Rela- best in her future retirement. sign on the buses. I would use the tions Committee. Mr. Speaker, I am honored to rep- White restroom or water fountain. If I This year Daryl was honored with the resent such a dedicated public servant got caught, I would say flippantly that esteemed A.C. Burrows Award given by in Michigan’s Eighth District. I just wanted to taste that White the Association of Missouri Electric Thank you, Mrs. Dunleavy, for your water, and then I would run. Cooperatives for his leadership above commitment to Livingston County. Julia passed away on January 26 in and beyond the call of duty to f Stone Mountain, Georgia, of cancer. strengthen and improve the economic She was 72 years old. Our country is a and social conditions of his commu- IRAN TERROR FINANCE much better place because of the sac- nity. TRANSPARENCY ACT rifices Julia made during her lifetime. Part of going above and beyond for (Mr. ALLEN asked and was given Our sympathies and prayers are with Daryl was being actively involved as a permission to address the House for 1 her family today. leader on the local Butler R-V School minute and to revise and extend his re- f Board, the area Chamber of Commerce, marks.) and his Rotary Club. Mr. ALLEN. Mr. Speaker, today I EQUAL TREATMENT OF PUBLIC Thank you for giving your life to the rise in support of the Iran Terror Fi- SERVANTS ACT, H.R. 711 service of the citizens of Missouri’s nance Transparency Act. This impor- (Mr. RATCLIFFE asked and was Fourth District. I congratulate you on tant legislation prevents sanctions given permission to address the House a job well done. I look forward to hear- from being lifted from banks and indi- for 1 minute and to revise and extend ing of the continued impact you will viduals who are connected to terrorism his remarks.) have in and for our community. or Iran’s weapons development pro- Mr. RATCLIFFE. Mr. Speaker, I am f gram. humbled to represent thousands of AN HOUR OF POWER We do not need to be rewarding bad teachers, firefighters, and law enforce- actors that are helping Iran become a ment officers across the Fourth Dis- The SPEAKER pro tempore. Under nuclear state and continue to be the trict of Texas who have dedicated their the Speaker’s announced policy of Jan- world’s leading state sponsor of ter- careers to public service. uary 6, 2015, the gentlewoman from rorism. As the son of two schoolteachers and Ohio (Mrs. BEATTY) is recognized for 60 Recently Iran made headlines by con- as a former law enforcement official minutes as the designee of the minor- ducting two ballistic missile tests, al- myself, I have a personal and deep-felt ity leader. ready violating the deal that the Presi- appreciation for those who shape fu- GENERAL LEAVE dent forced on the American people ture generations by educating our chil- Mrs. BEATTY. Mr. Speaker, I ask earlier this year. Disappointingly, we dren and protecting the communities unanimous consent that all Members have heard nothing from the adminis- where we live. be given 5 legislative days to revise and tration. Right now there are nearly 900,000 of extend their remarks and add any ex- This is the same Iran who funnels these public servants who are being un- traneous materials relevant to the sub- money to Hezbollah to finance ter- justly denied their hard-earned retire- ject matter of this discussion.

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.046 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H422 CONGRESSIONAL RECORD — HOUSE February 1, 2016 The SPEAKER pro tempore. Is there President delivered a speech filled with Black Caucus continues to work on be- objection to the request of the gentle- hope and optimism, reminding us that cause if, in fact, we address those woman from Ohio? we, the people—emphasizing all peo- issues, as you know, that the most vul- There was no objection. ple—want opportunity and security for nerable are dealing with each and Mrs. BEATTY. Mr. Speaker, it is an our families. It was a message of a bet- every day, we will strengthen America, honor and a privilege for me to rise ter future, fairness, and democracy for and so our country will be stronger. I this evening as co-chair, along with my all Americans because we rise or fall thank both of them for making sure distinguished colleague who represents together, Mr. Speaker. that we are doing that. the Eighth District of New York, Con- President Obama continues to re- We celebrate tonight the start of gressman HAKEEM JEFFRIES, for this mind us that ours is a nation bounded Black History Month, but I would like Congressional Black Caucus Special by a common creed and that our Amer- to reflect quickly again what we are Order hour, an hour of power, address- ican values of equality, fairness, and doing tonight on Dr. Martin Luther ing the state of our Union, Dr. King’s justice should be available to all, not King, Jr.’s dream of true democracy. dream, and today’s African American just a fortunate few. Far too long peo- In his famous speech, ‘‘I Have a message. ple and communities of color continue Dream,’’ let me just quote here what Congressman JEFFRIES is a scholar, a to be left behind when we discuss he asked the American people to do. He distinguished member of the Judiciary equality, fairness, and justice. said: Committee. He continues to be a tire- In the 48 years since his death, while ‘‘To make real the promises of de- less advocate for social and economic we have made some strides in con- mocracy. Now is the time to rise from justice, working hard to reform our fronting injustices and ending unequal the dark and desolate valley of seg- criminal justice system, improve the treatment, there is still work to be regation to the sunlit path of racial economy for hardworking Americans, done. Our Nation is still plagued by the justice. ‘‘Now is the time to open the doors of and to make college more affordable vestiges of segregation and unequal opportunity to all God’s children. laws and policies, evident today in for all. Most importantly, he is some- ‘‘Now is the time to lift our Nation one that I am proud to follow and he is Flint, Michigan, and its lack of clean from the quicksands of racial injustice my colleague. drinking water; in it being harder, not to the solid rock of brotherhood.’’ Of Today we come to educate and to dis- easier, to exercise the constitutional course and sisterhood. cuss some of the many contributions right to vote through voter disenfran- As I think about his powerful words and accomplishments in American his- chisement; Black men being killed in going into Black History Month and tory that African Americans etched Ferguson, Baltimore, Chicago, and my his challenge for America to live up to into the cornerstone of this America, State of Ohio; inequities in health care, her highest ideals, we must reflect on Mr. Speaker, that they helped change. poverty, and in our failing schools. how far we have come and where we The Congressional Black Caucus is and But, Mr. Speaker, the time is now for need to go. continues to be a part of that change. us to work together to protect the Now, of course, the right to vote is As we reflect on Dr. Martin Luther most at risk among us, to defend the the bedrock of our democracy, which King, Jr., whose holiday we recently foundation of our democracy, and to Dr. King reminded us of when he said: observed, thanks to our Congressional expand opportunity for all people. ‘‘Give us the ballot, and we will fill our Black Caucus colleague, Congressman However, Republican leadership fails legislative halls with men and women JOHN CONYERS, the dean, who worked to act and refuses to bring up Voting of goodwill.’’ In his honor, we must tirelessly to have the day observed as a Rights Advancement Act, a bipartisan pass the Voting Rights Advancement Federal holiday, we pause to reflect on piece of legislation, for an up-or-down Act, H.R. 2867, introduced by a great our progress and our history not only vote. woman, a member of the Congressional to remember, but to acknowledge, our Tonight, Mr. Speaker, we will hear Black Caucus, Congresswoman TERRI unfinished work. from our Congressional Black Caucus SEWELL. Congressional Black Caucus members colleagues on the state of our Union In 1967 Dr. King explained the under- and other colleagues with constituents and where we go from here. I welcome lying nature of the challenges facing across the country participated in holi- the dialogue and the debate. our country in his book ‘‘Where Do We day services, programs, marches, and Mr. Speaker, it is now my honor and Go From Here: Chaos Or Community?’’ many other events last week. This was privilege to yield to Congresswoman he talked about these triple evils. He not a day off, Mr. Speaker, but a day BARBARA LEE from the 13th District of wrote about poverty, racism, and war. on in the spirit of Dr. King’s legacy. California. We know her as a fearless He said they are the forms of violence Mr. Speaker, I had the opportunity advocate, fighting to eliminate pov- that exist in a vicious cycle in our to join some 4,000 constituents in my erty. We know her as someone who has country. He says: ‘‘They are inter- district in Columbus for the Nation’s a history of representing not only the related, all-inclusive, and stand as bar- largest Martin Luther King breakfast people of her district but the people of riers to our living in the beloved com- celebration. America. I have had the opportunity to munity. When we work to remedy one witness this firsthand, as I serve on her evil, we affect all evils.’’ b 1930 committee when she fights to end the So we must come together as never As I sat there, I was reminded of his War on Poverty. It is my honor to ask before to address these issues that in- words that we live by and that we are Congresswoman BARBARA LEE to bring fect our communities in order for our guided by: ‘‘Faith is taking the first her message to us tonight. Nation to move beyond the quicksands step, even when you don’t see the Ms. LEE. Let me first thank Con- of racial and economic injustice. whole staircase.’’ Later I had the op- gresswoman BEATTY for her very kind Of course, the first of these evils is portunity to join hundreds of folks to and humbling remarks, but also for her poverty, a harsh reality lived every day march in freezing weather, singing ‘‘We tremendous leadership on so many by more than 46 million Americans. Shall Overcome.’’ issues, not only since she has been here Our Joint Economic Committee report, Today we also mark the beginning of in Congress, but before she came rep- championed by Congresswoman MALO- the observation of Black History resenting her constituents, and really NEY and the Congressional Black Cau- Month, to celebrate giants in civil looking out for, speaking out for, and cus, demonstrated and showed that Af- rights, in the civil rights movement, as working for the most vulnerable in our rican Americans are disproportionately well as labor and education, transpor- society. affected by the scourge of poverty. The tation, the arts, and the service move- I am really proud of what she is poverty rate in our community is 27 ment. doing with the Congressional Black percent. One in three African American As we reflect on Dr. King’s dream, Caucus, also Congressman JEFFRIES for kids live in poverty. One in five kids in just a few weeks ago President Barack continuing to organize these important the entire country live in poverty. Pov- Obama from this House floor, Mr. sessions really to beat the drum and to erty rates throughout our country are Speaker, delivered his final State of allow our country to understand what much too high for everyone, and we the Union Address. In his address, the the issues are that the Congressional know how to eliminate poverty.

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.048 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H423 Our assistant leader, a member of the opportunities that are the American While the success of individuals Congressional Black Caucus, a great opportunities to allow us to live the should rightfully be celebrated, until human being who has worked so hard American Dream. the richest nation on the planet in the to eliminate poverty for so many years Congresswoman BEATTY and Con- history of the world has figured out has come up with a formula that would gressman JEFFRIES, I just want to how to address poverty, income in- target resources to those rural and thank you for arranging the time for equality, and provide opportunity for urban communities with the highest us to talk tonight. We have real solu- everyone to succeed in our Nation, Dr. rates of persistent poverty. tions. You have real solutions. Every King’s dream is a dream deferred. We have our Half in Ten Act, which member of the Congressional Black Dr. King would have been so proud to establishes a national strategy to cut Caucus has real solutions to end pov- have been at the inauguration of the poverty in half over the next decade. erty, to end racism, and to end war. first African American President, but That is more than 22 million Ameri- During Black History Month, we he would have been horrified to see a cans lifted into the middle class in just need to recommit ourselves to all of man achieve that level of success, be- 10 years by coordinating local, State, the solutions that members of the Con- coming the most powerful man in the and Federal anti-poverty programs. gressional Black Caucus, and Members world, and still be subjected to doubt- Likewise, our Pathways Out of Pov- of this body as a whole, have if the po- ers who ask to see his birth certificate, erty Act is a comprehensive anti-pov- litical will were there so we can honor questioning if he was actually an erty bill that starts by creating good- the legacy of those who came before us American, obviously code for ‘‘he paying jobs while redoubling our in- during Black History Month. By hon- might be the President, but he is still vestments in proven programs that em- oring them, we say we are going to not one of us’’; asking to see his college power families to build pathways out of pick up that mantle and really address transcripts, questioning if his academic poverty into the middle class. these triple evils once and for all. success was legitimate. Of course, Dr. King mentioned the Mrs. BEATTY. Thank you so much, Dr. King would be horrified to learn second evil, which is racism. While ra- Congresswoman LEE, for reminding us the number of hate groups. White su- cial barriers and biases are endemic of the work we have to do to strength- premacist organizations exploded after through our society, they are very and en our America and for giving us those the election of the first African Amer- most apparent in our broken criminal facts that clearly point out the bar- ican President of the United States. He justice system. It is high time that we riers that we have and also the dispari- would have been shocked to hear that work to fix our criminal justice system ties when you look at 70 percent of our leaders in our country actually pub- that far too often fails African Ameri- men being incarcerated, yet we don’t licly stated that they would do every- cans. Yes, Black lives matter. make up 70 percent of the population. thing they could, including hurting the So today in America, an African Thank you for reminding us of all the national economy, to ensure that the American is killed by a security offi- work and the words of Martin Luther Nation’s first African American Presi- cer, police officer, or self-proclaimed King because you are so right. To sum dent did not serve a second term. vigilante every 28 hours. That is nearly it up in his words: injustice anywhere b 1945 once a day. One in three Black men can is an injustice everywhere. plan to spend at least some part of Thank you. We will continue that Dr. King would have been overjoyed their life behind bars, and men of color work. when this President was reelected to a make up 70 percent of the U.S. prison Mr. Speaker, it is now my honor and second term, so that no one could say population. Let me say that again. privilege to yield to Congresswoman the first time was an aberration. Dr. Seventy percent of the U.S. prison pop- KAREN BASS from the 37th District of King would have been so proud of the ulation are men of color. That is sim- California. It is a great honor for me millions of people who withstood at- ply outrageous. because she is certainly not only a tempts to block their right to vote and Now, we have ended legal segrega- leader, but an advocate domestically to know that thousands were willing to tion. Our first African American Presi- and globally for young girls. As a mat- stand for hours to make sure they dent is serving his second term in the ter of fact, when I think of her work voted and reelected President Obama. White House. Our Attorney General, across this Nation in foster care, I call Dr. King would have celebrated the Loretta Lynch, serves as our first Afri- her the Sojourner Truth of foster care. creation of a program to provide health can American female Attorney Gen- When I think of her leadership, it is coverage for the majority of people in eral. But so much must be done to important for me to remind folks that the Nation. He would have celebrated achieve the dream of liberty and jus- she was the first African American fe- the fact that this was accomplished in tice for all. male to be Speaker of the House of the the first term of President Obama’s ad- Dr. King told us over and over again great State of California. Today it is ministration. that we live in two Americas. This was indeed my honor to yield to Congress- Dr. King would have celebrated the in 1967, in one of his speeches. The woman BASS. fact that when the law was signed by Kerner Commission report still de- Ms. BASS. Mr. Speaker, I want to President Obama, for the first time, in- scribes American society today. We thank Congresswoman BEATTY. I want surance companies could no longer have got to really look at our history to congratulate her for her leadership refuse to provide coverage for people if and acknowledge and honor the legacy that she has displayed since day one of they had an illness or a preexisting of those who really brought us this far. coming to the House of Representa- condition. But when you look at the statistics and tives, and knowing of her leadership in Just think for a minute. Prior to the what is taking place now in commu- the State of Ohio, serving as the leader Affordable Care Act, insurance compa- nities of color and the African Amer- of the legislature in Ohio. nies excluded you from coverage if you ican community, it just shows us what I want to acknowledge my colleague had a preexisting condition. There were we have to do. We have a long way to HAKEEM JEFFRIES. I have always appre- examples of babies born prematurely go. ciated his leadership in the committees that were excluded from coverage be- Dr. King finally spoke of war. He as well as his leadership within the cause their premature birth and the as- talked about the fact that our Nation House. I am glad that he is very much sociated complications were considered continues to be involved in endless a part of our Caucus. a preexisting condition. wars, and communities are suffering I know our theme today is: ‘‘The And, frankly, almost everyone after a the costs. The Pentagon consumes 60 State of Our Union: Have We Achieved certain age has one preexisting condi- percent of discretionary spending com- Dr. King’s Dream?’’ I have to say that tion or another—hypertension, high pared to 11 percent that we spend on the state of our union is a mixed bag. cholesterol, et cetera. Prior to passage education, job creation, and resources Have we achieved Dr. King’s dream? As of healthcare reform, aging, essen- to help our young people live the life a nation, we haven’t, but if we look at tially, was a reason to exclude individ- that they so deserve in terms of being the success of individuals, many indi- uals from coverage. educated and providing workforce viduals have achieved remarkable lev- While Dr. King would have celebrated training, housing, health care, all the els of success. this victory, he would have been

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.051 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H424 CONGRESSIONAL RECORD — HOUSE February 1, 2016 shocked to know Congress has voted In every area in society, there are ity to believe that peoples everywhere over 60 times to take health care away successful individuals. There are 48 Af- can have three meals a day for their from people and to reverse this ad- rican American Members of Congress. bodies, education and culture for their vance. If the Affordable Care Act was The year before his death, there were minds, and dignity, equality, and free- repealed, then the parents of the pre- only five African Americans in Con- dom for their spirits.’’ mature baby and the adult over 60 with gress. So why do I say that dream is in dis- high blood pressure would not have But Dr. King would wonder what is repair? Well, inadequate funding and health care. holding our Nation back from making misguided policies stand as a bar to On another subject, Dr. King would sure every American has access to the many kids of color from getting a qual- wonder: How on Earth did his country American Dream. With all the techno- ity education, just like Bull Connor end up incarcerating more people than logical advances, advances in science stood in the schoolhouse doors during any other nation in the world? And and education, how can it be that peo- the civil rights movement. how is it that the majority of people ple are hungry in America, that too Why do I say the dream is in dis- incarcerated in the United States are many children continue to go to poor, repair? Because too many African poor and are people of color? segregated schools, and that there are American children have better access As a man of faith, as a teacher of the homeless encampments that exist in to guns and drugs than textbooks and Bible, he would wonder what happened most major cities? computers. Far too many of them to the concept of redemption in our so- Although his dream for our Nation is choose guns and drugs. ciety. How did we become a society only partially realized, I believe now it Why do I say the dream is in dis- that punished people forever? What is our responsibility to continue the repair? Because the Supreme Court happened to the belief that, if you of- work and to continue the struggle rolled back the protections for minor- fended society and then paid your debt until there is no such thing as home- ity voting rights. Why do I say the dream is in dis- to society, you were expected and ac- lessness in the richest nation on the repair? Because in a Supreme Court cepted to reenter society with your full planet, until all children have access to hearing on minority admission policies rights? a 21st century education, until poverty to colleges and universities, one of our How did we evolve into a nation that is eliminated and the safety net is Supreme Court Justices demonstrated basically said we will punish you for strong enough that no one in our Na- his bias, his ignorance, and his lack of your entire life? Because even though tion slips through the cracks. understanding by trying to justify why 85 percent of people incarcerated are Mrs. BEATTY. Mr. Speaker, thank Blacks should go to lesser colleges and eventually released, we can strip away you again to Congresswoman KAREN universities. your right to vote. You cannot live in BASS for reminding us of all the great Why is the dream in disrepair? Be- public housing; and if your family lives riches that we have in this society, but cause the Black Supreme Court Justice in public housing, then you can’t go also for putting on the forefront that sat there and said nothing. Well, if I home. our work is not finished. There is hope. were in college and I were playing If you were in prison and you owed Because we have learned that through Spades, I would call him a ‘‘possible,’’ child support, well, we just kept the having a President who stands on the because you can’t count on him to hold clock running on what you owed even shoulders of another great man—Mar- up when the game starts. though you were in prison and, of tin Luther King. Why do I also say the dream is in dis- course, could not work to pay child Mr. Speaker, it is indeed my honor repair? Because big Wall Street execu- support. You owed the money anyway. and privilege to yield to the gentleman tives can steel millions and never get And, of course, when you were re- from Louisiana (Mr. RICHMOND), who charged and held accountable while leased, you are then behind in child hails from the Second District of Lou- young Black kids who shoplift get support. And because you are behind isiana. He is someone who is fearless prosecuted and fill up our jails and our because you could not work while in- and not afraid to speak up, but he prisons and create what we call the carcerated, we will not give you a driv- doesn’t speak in vain. He speaks with a prison industrial enterprise. er’s license. And if you are from Los platform—whether that platform is to Some ask: Why do the poor and Angeles and cannot drive, you can for- discuss reforming our broken prison uneducated continue to steal and get about having a decent-paying job, system, whether it is to talk about cheat? Well, the answer is simple: Be- because those jobs certainly don’t exist HBCUs, or whether it is to be a role cause the rich and educated keep show- in your neighborhood. model—and he knows a lot about that ing them how. Furthermore, if you don’t find a job, because he is a natural leader. When he So, as we stand here this month and we just might violate your parole and took office in the State legislature, he celebrate Black History Month, we will put you back in prison, because a con- was one of the youngest legislators to not only describe some of the problems, dition of your parole is that you have a ever serve. but we will go into some of the solu- job. But then, since you are a felon, we So it is indeed my honor to call Con- tions that have been tested over time. will not allow you to work anyway. gressman CEDRIC RICHMOND a colleague Let me just say that Dr. King and the In California, until we changed the and friend. generation before us did a great job of law, there were 56 occupations you Mr. RICHMOND. I want to thank the making this dream a reality through could not participate in if you were a gentlelady and scholar for yielding to sacrifice, hard work, and commitment, felon. One of those occupations we even me and putting on this series tonight. but somewhere in my generation, we trained you for while you were in pris- Mr. Speaker, just a few weeks ago, on fell off from that sacrifice and deter- on. We have a school that trains pris- January 12, right here in this Chamber, mination. oners to be barbers. But when you were President Obama proudly declared to Far too many of us are letting re- released, we didn’t allow ex-offenders the citizens of the United States that ality shows and music videos give our to have a license in the very occupa- the state of our Union is strong. With children their misguided sense of mor- tion we trained you for—until we that, I agree. However, tonight, just as als. Too many of our African American changed the law. I did in New Orleans on this holiday, I and White middle-class families who I think Dr. King would be thoroughly must stand here and give the state of have achieved the dream are excited confused by the contradictions he the dream address. that they are there, but they are tell- would see in America today. We have So, today, I stand in this Chamber ing the rest of the world to get it the amazingly successful individuals, thou- and report to the world that the state best they can. sands of African Americans and other of the dream is in disrepair. It is in dis- The dream can be realized when ev- people of color in elected office or in repair because of neglect by some and eryone realizes that you are not going other major positions of authority. intentional harms by others. to help minority communities in spite They are CEOs of companies, astro- Let me first just state what I believe of the minority communities, but we nauts, athletes, college presidents, en- his dream to be. This is in his own are going to bring them to the table tertainers on every level, actors, pro- words. In accepting the Nobel Peace and let them be a co-participant in ducers, directors. Prize, Dr. King said: ‘‘I have the audac- drafting their accomplishments.

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.053 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H425 So, where do we go from here? We Mr. PAYNE. Mr. Speaker, let me Dr. King was about equal opportunity continue to invest in proven leaders begin by thanking my classmates, Con- for every man and woman. He discussed and proven ways out of poverty and gresswoman JOYCE BEATTY and Con- problems in Appalachia, he discussed ways to get ahead, like education. We gressman HAKEEM JEFFRIES, for an- problems in the South, and he dis- have to invest in the Pell grants and choring these important Special Order cussed problems in the North. our Historically Black Colleges and hours for the Congressional Black Cau- So, yes, his main focus was the Afri- Universities because we know that edu- cus. can American community. But injus- cation is the best way out of poverty. Since her arrival here in Congress, tice somewhere is injustice anywhere, We have to invest in summer jobs so Congresswoman BEATTY has dem- and he lived that motto. He would be that kids in urban areas and impover- onstrated why she was a leader in Ohio, happy for some reasons, but in other ished communities can get exposure to and she has become a great leader in areas he would be very disappointed. a different way of life so that they can the House of Representatives. So it is our job to continue to push help themselves. We know that a sum- towards that dream, and we here in the mer job reduces the dropout rate by 50 b 2000 Congressional Black Caucus are com- percent. Mr. Speaker, Dr. King envisioned for mitted to pushing forward to see his What else can we do? We can invest this Nation a future of vast potential, dream realized. in job training. We can invest in dis- a future where every man and woman Mrs. BEATTY. Thank you, Congress- advantaged businesses. We can do a and child would have the opportunity man PAYNE, for bringing us those number of things. And the good part to get ahead, free from the constraints words of wisdom and reminding us of about it is we have a Congressional of injustice and intolerance. the epidemics that face us, the failures Black Caucus that can stand here and What we see happening across our that we have experienced, but leaving introduce legislation if the other side country shows how far we still have to us with the hope of pushing forward would meet us halfway. go to achieve Dr. King’s dream. From and helping to realize Martin Luther So, the state of our union will con- gun violence to racial wealth gaps, King’s dream. tinue to be strong. The state of the from lack of diversity to persistent Mr. Speaker, it is indeed my honor dream will become a reality when peo- poverty, there are still critical issues now to yield to the freshman of our ple join hands together to make sure affecting our communities that must group, someone who may be a freshman that the least of us have every oppor- be addressed. by our description, but someone who is tunity in the world. In 2015, there were at least 76 gun not a stranger. I will tell you that the dream was deaths in my district in New Jersey, Whether it is advocating for jobs for strong. The dream is the same dream the Tenth Congressional District. One- veterans, whether it is looking at eco- that allowed my mother, who is from third of all the gun deaths in New Jer- nomic development and opportunities the poorest place in the country, 1 of 15 sey last year happened in my district. for those who are in struggling econo- children, to achieve her college degree If we don’t do something to tackle mies, she comes to us as a lawyer, she and raise two sons who went off to this epidemic, then we are failing our comes to us as a mother and a public Morehouse. So the dream is real when children. We are failing the next gen- servant. She is someone who stands tall in her I, as the son of a single mother, can go eration, to give them the hope and the words of wisdom and someone’s voice to Morehouse, Tulane Law School, and possibilities of being a positive part of that we have learned to listen to. the Harvard School of Government. this community, such as we saw in That is the dream. She hails to us as the Delegate from Congressman CEDRIC RICHMOND. So I stand here today and just ask the Virgin Islands. Join me in wel- In my district, African Americans that we do what Booker T. Washington coming Congresswoman STACY face unemployment rates nearly triple said. We may be as separate as our fin- PLASKETT for her words of wisdom. that of White workers. Generations of gers, but we are as whole as the hand. Ms. PLASKETT. Thank you so much African American workers are being This body has an obligation to come for allowing me this opportunity to be left behind, without a fair shot at suc- together as the hand and make sure here with my colleagues. cess. The economic prosperity and the that we give every kid from every place Mr. Speaker, I am so humbled and American Dream are on hold for many in this country the opportunity to suc- honored to be with the gentlewoman African American communities. ceed. from Ohio, JOYCE BEATTY, who is an ex- Mrs. BEATTY. I thank Congressman Instead of working to address these ample to us freshmen and who fights, RICHMOND for reminding us that you challenges facing our communities, Re- along with the gentleman of New York, bring hope. Your experience shows that publicans continue their assault on HAKEEM JEFFRIES, not just for the peo- there is opportunity. Because cer- women’s health by trying to defund ple of their district and not just for Af- tainly, we know that there are fewer Planned Parenthood. rican Americans, but for all Ameri- Black students graduating from high On the other hand, Democrats are cans, because that is what we are all school. Sixteen percent of Blacks drop working on bold, aggressive action that here in this Congress to do. out, compared to 8 percent of our will have an immediate impact on the By pointing out the inequalities, it is White counterparts. challenges facing African Americans. not to cast aspersions on all of Amer- Mr. Speaker, can you tell me how I have tried to do my part here in ica, but to make us to be better people much time I have remaining. Congress. My Safer Neighborhoods Gun than what we are today. The SPEAKER pro tempore. The gen- Buyback Act would create a voluntary When Dr. King so eloquently deliv- tlewoman has 30 minutes remaining. Federal gun buyback program to keep ered his famous ‘‘I Have a Dream’’ Mrs. BEATTY. Mr. Speaker, it is now guns out of the wrong hands. That is speech 50 years ago, he did so with my honor and privilege to yield to my just one measure that we have to look every hope and expectation that that colleague from the 10th District of New at. Nation would rise up and live out the Jersey (Mr. PAYNE). He is someone who But in talking about Dr. King’s true meaning of that creed. He hoped is a great example of a committed pub- dream, it reminds me of A Tale of Two that the tenet all men are created lic servant. He is someone who puts Cities. This is the best of times and the equal would, in fact, one day be a truth others before himself. When you want worst of times. held self-evident. to call on him, he is someone that will Yes, we have seen an African Amer- We cannot allow simply moving past sit and quietly listen to you, and then ican rise to the pinnacle of success in the glaring bigotries of Jim Crow, how- a few minutes later he will give you this country in public service in Presi- ever, to be a benchmark for success. probably one of the most profound an- dent Barack Obama. Dr. King would be Doing so would ignore the more subtle swers that one could look for. I am very proud of that. bigotries that continue today. proud to not only call him my col- But he would be upset to see the These subtle bigotries are, in fact, as league, but I am also proud to call him other part, the despair that our com- deeply rooted and extreme in their ef- my classmate. munities are in without the opportuni- fect as those glaring bigotries Dr. King It is my honor to ask Congressman ties to raise their children as other and so many others fought vigorously DONALD PAYNE to bring his reflections. communities do. and valiantly to overcome.

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.054 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H426 CONGRESSIONAL RECORD — HOUSE February 1, 2016 We are still achieving the dream. legislation to invest in infrastructure Earlier today I made the observation Today it is not just social injustice, and education through fighting against that this is the first day of Black His- but also extreme inequality that con- voter suppression efforts and sup- tory Month. Essentially, black history strains economic mobility for the Afri- porting student loans and other finance is American history. The two are for- can American community and, there- reforms. ever intertwined. That is why the sub- fore, for all of America. Closing the wealth and opportunity ject matter of this special order is of Whether it is State-sanctioned at- gap should not be a dream in post-ra- particular importance. tempts to roll back voting rights in cial America. It is the responsibility of Dr. King once made the observation Alabama, the outright denial of equal this Congress to uphold the principles that the arc of the moral universe is voting rights to citizens living in the to which we were founded, to not only long, but it bends toward justice. Virgin Islands and other territories, or adhere to those powerful words that b 2015 the years of neglect that have led to preamble our Constitution, but also to I think what Dr. King was saying is the poisoning of residents in Flint, provide for the general welfare and en- that in this world you have got some Michigan, the persistent wealth and sure that justice, liberty, and pros- good folks and you have got some bad opportunity divide in this country is perity are afforded to all and not just actors. But in order for justice to pre- rooted in the legacy of racial discrimi- some. vail, what you essentially need is a fair nation dating back to Reconstruction Mrs. BEATTY. Thank you to the gen- tlewoman from the Virgin Islands. Let amount of the good folks to come to- and to slavery, indeed. gether, sacrifice, work hard, and dedi- Although we have achieved much me just say thank you for making us cate themselves to the cause of social since the days of separate, but equal, have a better understanding that we change, and at the end of the day jus- there are still structural barriers to cannot do this alone and we have so much more work to do. tice will prevail. achieving the American Dream for too Make no mistake that in the United many minority families in this coun- Mr. Speaker, tonight’s Special Orders hour hopefully will share with this in- States of America, of course, it has try. been a long and complicated march. We There is racial disparity in nearly stitution the amount of work that we have yet to do. But I believe in hope certainly have come a long way, but we every index of the American Dream, still have a long way to go. During the and those disparities place families of and opportunity for all. So when I listen to the great legacy founding of the Republic back in 1776, color further behind in their plight to that those who have come before us, in the DNA of this great country was achieving the dream. whether that is Dr. Martin Luther embedded the principles of liberty and A recent study by the Corporation for King, whether that is Rosa Parks, we justice for all. It was a great document Enterprise Development shows that have members of this Congressional and a great start. Embedded in the families of color are two times more Black Caucus who stand united to pro- DNA of this country was fairness, likely to live below the Federal pov- vide opportunities for all. equality, and opportunity for everyone. erty level, almost two times more like- We are often referred to as the con- But there was a genetic defect called ly to lack liquid savings, and are sig- science of the Congress. There is a rea- chattel slavery that was also attendant nificantly more likely to have son for that: Because we are the voice to our birth. subprime credit scores. of the voiceless. If you are going to have any discus- A lack of liquid savings among fami- And when I think of voices, I think of sion about where we are in America lies of color often lends to further dis- my co-anchor. I think of a man who today, you have got to recognize there parity and wealth loss, as evidenced by came as my classmate, someone stel- was a genetic defect that has impacted the proportion of student debt by race lar, someone who is a scholar and a the arc of the African American com- and ethnicity. profound lawyer, someone who stands munity here in America and the Amer- African American college students tall in stature and in his words, some- ican story, and that genetic defect of rely more on student loans to pay for one that I actually enjoy sitting and chattel slavery stayed with us, of college than do other racial groups and listening to as he so often brings the course, until the war ended in 1865. Mil- are less likely to pay off the debt, ac- message. lions of African American slaves were cording to a report by the Wisconsin It is my honor to yield to the gen- subjugated. It was one of the worst HOPE Lab. tleman from New York (Mr. JEFFRIES) crimes ever perpetrated in the history While unemployment in this country to talk to us about the state of our of humanity. It finally ended in 1865 has fallen to 5 percent, African Amer- union, Dr. King’s dream, and African with the adoption of the 13th Amend- ican communities like my home dis- Americans in this great Nation. ment. Of course, we know that the 14th trict of the U.S. Virgin Islands con- Mr. JEFFRIES. Mr. Speaker, I thank Amendment and the 15th Amendment tinue to experience double-digit unem- the distinguished gentlewoman from followed, equal protection under the ployment rates. Ohio, Representative BEATTY, my good law for everyone, 14th Amendment, and Many of these communities of color friend, for those very kind words and, the 15th Amendment was designed to have experienced decades of systematic of course, for her tremendous leader- guarantee the right to vote. The so- divestment of funding and resources ship in anchoring and shepherding us called Reconstruction period lasted that can only serve to widen the here this evening in the same manner until the middle of the 1870s, but it was wealth and opportunity gap. that she has done since her arrival here largely abandoned thereafter. That is benign neglect, a benign ne- in the House of Representatives, al- The African Americans, of course, glect that has led to failing public and ways eloquent, erudite, and effer- were given a raw, bad deal. How can alternative education systems, crum- vescent. you cure the genetic defect of chattel bling infrastructure, and, in some We appreciate that unique and tre- slavery with three constitutional cases, the slide to bankruptcy, bank- mendous combination of skill and abil- amendments without ever really force- ruptcy not just due to mismanagement ity that you bring to the people that fully implementing them and within a and corruption, which is the conven- you represent so ably in Columbus, decade or so abandoning the principles ient answer, but a systematic lack of Ohio, and, of course, really, on behalf inherent in those constitutional investment, support, and adequate of America as you stand here anchor- amendments? In place we received the funding, which causes places like De- ing this Congressional Black Caucus Black Codes, Jim Crow, segregation, troit, Puerto Rico, and the Virgin Is- Special Orders hour. and an intense lynching campaign un- lands to mortgage their children’s fu- I look forward to continuing to work leashed on African Americans in the tures in bonds to make ends meet. together throughout the year as we en- South, in the Midwest, in the far West, African Americans make up 13 per- deavor to speak truth to power here on and other parts of the United States of cent of the population, but have only the floor of the House of Representa- America. So we went from chattel slav- 2.7 percent of total wealth. tives and articulate issues of signifi- ery, a brief period of Reconstruction, This Congress has within its power to cance and importance to African Amer- then you give us Jim Crow. reverse the years of benign neglect to icans in the United States of America So we dealt with Jim Crow which was these communities through supporting and to all of America. at least in principle abolished on paper

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.056 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H427 when the Supreme Court makes the de- things to benefit not just the African crats, Conservatives and Progressives cision in Brown v. Board of Education American community, but all commu- who have come together, folks like that separate but equal was just a nities, to help bring the promise of RAUL LABRADOR, TREY GOWDY, and farce. It was a joke. It wasn’t real. So American democracy to life. JASON CHAFFETZ—good friends of mine the Supreme Court exposes that, but With that, Mr. Speaker, I yield back on the other side of the aisle—recog- then says, go ahead and implement it to my good friend, Representative nize the importance of dealing with with all deliberate speed. Which basi- BEATTY. mass incarceration for America. cally meant don’t really implement it Mrs. BEATTY. Thank you so much to with any urgency, any immediacy, any my colleague. As I stood here and I lis- Here are a few statistics that I think impactful fashion, just take your time tened to you walk us through that rich we need to be concerned about as it re- and do it at your own pace. history, it reminded me of all of the lates to your question. African Ameri- So as we are trying to deal with Jim bad actors that caused many of those cans serve virtually as much time in Crow, then you have, of course, Dr. bad things. I reflect on someone in my prison for a nonviolent drug offense, King and leaders of the civil rights family being a part of that chattel approximately 58 months, as White movement, JOHN LEWIS, whom Con- slavery as a slave, I think about Jim Americans do for a violent criminal of- gresswoman BEATTY and I are so privi- Crow, and I think about the things that fense, 62 months. Whites in America leged to serve with, A. Philip Ran- my grandmother was asked to do when statistically use drugs five times as dolph, Roy Wilkins, James Farmer, and she had walked far just to try to vote often as African Americans, yet Afri- so many others. The civil rights move- and was asked to recite things that can Americans are sent to prison for ment deals with the lingering effects of probably the people asking her could drug offenses at 10 times the rate of our original genetic defect of chattel not have done. White Americans. Then when I think about all of those slavery replaced by Jim Crow. Lastly, African Americans represent Then in the 1960s, we get the 1964 social reforms and all the things that 83 percent of crack cocaine Federal de- Civil Rights Act, the 1965 Voting happened 50 and 55 years ago, it made Rights Act, the 1968 Fair Housing Act, me think, Congressman JEFFRIES, when fendants, but only 28 percent of users— Lyndon Johnson’s War on Poverty, and we think about Martin Luther King 83 percent are defendants, 28 percent efforts to try to finally correct the in- and his dream, so often people say, are users; whereas, White Americans justices that have been race based here ‘‘What would he think today?’’ But I represent 5.8 percent of Federal defend- in America. Like Reconstruction, guess for me the question is a little dif- ants but 62 percent of users. which lasted for a little over a decade, ferent that I would like to discuss with Something is wrong. Justice is not we get this period of dramatic social you. Do you think history is repeating colorblind in America. So hopefully we itself? change, mainly in the early and mid- will find the ability to come together As I listened to you talk about slav- 1960s that is quickly abandoned and to deal with the overall broken crimi- taken advantage of by Richard Nixon ery, and today when I go into some parts of my community with the War nal justice system and certainly as in 1968 with the Southern strategy on Drugs I have had Black men say to part of that rectify some of the racial White backlash, particularly in the me that they feel like they are living disparities that exist. Deep South, compounded in 1971 when during a time of slavery. When I talk President Richard Nixon makes the Mrs. BEATTY. Thank you so much. to young, single moms who are fighting statement that drug abuse is public Let me just end by saying, Mr. for their own existence or to feed their enemy number one. Essentially, the Speaker, what you have witnessed to- children, they feel that they are held War on Drugs ushered in an era of mass night is that our past that we have captive by poverty. incarceration. So are we looking at still bad actors, talked about is our experience, our When President Nixon made that bad actors in the Chambers that I present is our responsibility, and our statement, there were less than 350,000 stand in, bad actors who want to take future is our hope. people incarcerated in America. Today, away SNAP, bad actors who don’t want Mr. Speaker, I yield back the balance 40-plus years later, after the War on to give us a voting rights bill, bad ac- of my time. Drugs, so called, was started, 2.3 mil- tors that don’t want to ban the box? lion people, more than 1 million Afri- What do you think? Are we seeing Mr. CONYERS. Mr. Speaker, the Reverend can American men, disproportionately history repeat itself? Doctor Martin Luther King’s vision of ending and adversely impacting communities Mr. JEFFRIES. It is a great ques- inequality through providing jobs, justice, and of color and as has been mentioned ear- tion. Unfortunately sort of the arc of peace to all Americans is a vision that many lier, incarcerate more people in Amer- history here in this great country of have fought and died to make a reality. As the ica than any other country in the ours is that whenever progress has been Civil Rights Movement battled against discrimi- world, a country where we over-incar- made it has been followed by a back- nation and inequality in the 1960’s, I adopted cerate and under educate. lash. Progress was made with the Re- Dr. King’s vision of jobs, justice, and peace We have made a lot of progress in construction amendments. It was fol- when I ran for Congress in 1964. I remember America. African Americans as a col- lowed by a backlash that gave us Jim the Jim Crow era, poll taxes, and institutional- lective community really haven’t been Crow, the Black Codes, and an explo- ized segregation when I arrived in Congress. given any room to breathe because we sion of lynching in the South. Yet, for all of these institutional scars and dis- have gone from chattel slavery—the Progress, of course, was made in the criminatory impediments, the work we did in original birth defect in this great Re- 1960s with the Civil Rights Act, the Congress aided in fulfilling the promises of public—to Jim Crow, to mass incarcer- Voting Rights Act, the Fair Housing equality enshrined in our Constitution. After a ation with brief periods of Reconstruc- Act immediately followed by Richard historic effort, the Civil Rights Act was passed, tion and civil rights era mixed in be- Nixon’s Southern strategy, and a back- the Voting Rights Act was adopted, and a new tween. And you wonder why we are in lash against things like affirmative ac- era of federal protections around equality was the situation that we are in right now. tion which had barely been put into ushered in the 20th Century. We have made a lot of progress. Obvi- motion and a rollback of the War on ously the fact that Barack Obama is Poverty which was designed to help Af- Some fifty years later, this era has yet to be sitting at 1600 Pennsylvania Avenue is rican Americans and all Americans of fully realized. While the initial challenges of a significant development, but as Dr. every race. recognizing and upholding civil rights have King says, he talked about an arc, Then, of course, many thought that been met, many of the original problems per- which means that similar to what we perhaps had reached a post-racial sist, but in an evolved form. Fifty plus years Abraham Lincoln once said, that we America in the aftermath of the elec- later, the American people confront issues of have to continue a march toward a tion of President Barack Obama, but voter suppression, gender and sexual orienta- more perfect Union, the Congressional we know, of course, that that is not the tion discrimination. Many communities feel Black Caucus with leadership from dy- case sadly. under siege from those sworn to protect their namic representatives like JOYCE I am hopeful, however, that many of liberty. Hate crimes and religious intolerance BEATTY, have put forth a series of my colleagues, Republicans and Demo- are on the rise as reported nightly on the

VerDate Sep 11 2014 04:53 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 9920 E:\CR\FM\K01FE7.058 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H428 CONGRESSIONAL RECORD — HOUSE February 1, 2016 news. And women contend with a pay inequity sentencing laws to address this crisis, and I Americans to succeed in the comic book pub- hampering their standing with men in the am working with my colleagues to do that. lishing business. workplace. The profiling of racial and religious minori- They were my beloved parents and they In spite of all of these shortcomings, strides ties is also a terrible reality that threatens taught me the value of education, hard work, have been made: reauthorizing the Voting peace in our nation. Profiling is an archaic discipline, perseverance, and caring for others. Rights Act in 2006; the passage of legislation form of discrimination that subjects individuals And I am continually inspired by Dr. Elwyn expanding access to healthcare; the introduc- to criminal indictments or investigations based Lee, my husband and the first tenured African tion of legislation combating voter caging and on their race or religion. Although profiling American law professor at the University of deceptive practices, and the passage of the cannot be found in any form of written law, the Houston. Hate Crimes Prevention Act, signed into law practice is real in America and threatens the Mr. Speaker, I particularly wish to acknowl- by the first African-American President of the trust and peace that is essential in the rela- edge the contributions of African American United States, himself emblematic of civil tionship between citizens and their law en- veterans in defending from foreign aggressors rights progress. forcement. Our nation’s leaders can work to and who by their courageous examples helped These issues were all, at one point in time, pass legislation, such as the End Racial transform our nation from a segregated soci- deemed radical. Women’s suffrage, racial Profiling Act, to prohibit this practice in any ety to a nation committed to the never ending equality, and now gay and lesbian rights: for law enforcement agency and the Law Enforce- challenge of perfecting our union. each, the civil rights movement has expanded ment Trust and Integrity Act to provide real Last year about this time, I was honored to until true justice is achieved. Many problems standards for the operation of police depart- join my colleagues, Congressmen JOHN LEWIS persist and more are certain to arrive, but ments. and Congressman CHARLES RANGEL, a Korean through renewed determination to tackle these As we press forward to address inequality in War veteran, in paying tribute to surviving deep-seated problems, we can one day live the 21st Century, the outstanding question is members of the Tuskegee Airmen and the up to the beloved community envision by Dr. whether or not Congress will rise to tackle 555th Parachute Infantry, the famed ‘‘Triple King. these issues. The American people have al- Nickels’’ at a moving ceremony sponsored by While our struggle for equality stems from ready witnessed how politics can transform the U.S. Army commemorating the 50th Anni- being afforded the basic human rights associ- our legislative body into a body producing versary of the 1964 Civil Rights Act. ated with a free society, the ideal of achieving nothing but dysfunction. However, the erosion The success of the Tuskegee Airmen in es- economic justice, with employment for all who of Congress’s focus on protecting civil rights corting bombers during World War II—achiev- seek it, remains out of reach for many. The and civil liberties can be reversed. ing one of the lowest loss records of all the aftermath of the financial crisis has brought This Congress has the opportunity to an- escort fighter groups, and being in constant crippling unemployment, wage stagnation, and swer these present injustices by assuming the demand for their services by the allied bomber rising income inequality. Yet, the Great Reces- unwavering commitment to jobs, justice, and units—is a record unmatched by any other sion has only exacerbated a decades-long de- peace that was displayed so valiantly by Dr. fighter group. cline in the fortunes of the working and middle Martin Luther King. Ending inequality in Amer- So impressive and astounding were the classes. As finances continue to deteriorate, ica is a battle that can be won, and although feats of the Tuskegee Airmen that in 1948 basic social and public services have often the enemy is still the same, our approach in they persuaded President Harry Truman to been the first to go. the 21st century must not lack the strength issue his famous Executive Order No. 9981, In the realm of healthcare, a basic safety and courage of those who have fought so which directed equality of treatment and op- net was only recently afforded to the under- bravely before us. portunity in all of the United States Armed served in the United States with passage of Ms. JACKSON LEE. Mr. Speaker, this Feb- Forces and led to the end of racial segrega- the Affordable Care Act, yet millions of low-in- ruary we recognize and celebrate the 39th tion in the U.S. military forces. come and unemployed individuals remain un- commemoration of Black History Month. insured. Housing remains a continued blight, This month we celebrate the contributions of It is a source of enormous and enduring as mass-foreclosures following the aftermath African Americans to the history of our great pride that my father-in-law, Phillip Ferguson of the Great Recession tear apart communities nation, and pay tribute to trailblazers, pio- Lee, was one of the Tuskegee Airmen. and destabilizes families. neers, heroes, and leaders like Rev. Dr. Mar- Clearly, what began as an experiment to de- Even after fifty years of promoting Dr. King’s tin Luther King, Jr., Supreme Court Justice termine whether ‘‘colored’’ soldiers were capa- cause for peace, our country is enmeshed in Thurgood Marshall, U.S. Senator Blanche ble of operating expensive and complex com- gun violence, which tragically produced the Kelso Bruce, U.S. Congresswoman Barbara bat aircraft ended as an unqualified success shootings in Newtown, Aurora, Tucson, and Jordan, U.S. Congressman Mickey Leland, based on the experience of the Tuskegee Air- Wisconsin, and daily on the streets of Amer- Astronauts Dr. Guion Stewart Bluford Jr. and men, whose record included 261 aircraft de- ica’s most populated cities. These horrific oc- Mae C. Jemison, Frederick Douglass, Booker stroyed, 148 aircraft damaged, 15,553 combat currences are unacceptable for our nation, T. Washington, James Baldwin, Harriet Tub- sorties and 1,578 missions over Italy and which is why catapulting peace to the forefront man, Rosa Parks, Maya Angelou, Toni Morri- North Africa. of our nation’s agenda will save lives and pro- son, and Gwendolyn Brooks just to name a They also destroyed or damaged over 950 tect our most vital right under the Constitution: few of the countless number of well-known units of ground transportation and escorted life. I am hopeful that by strengthening our and unsung heroes whose contributions have more than 200 bombing missions. They gun laws we can remove military style weap- helped our nation become a more perfect proved that ‘‘the antidote to racism is excel- ons out of our communities, prohibit the sale union. lence in performance,’’ as retired Lt. Col. Her- of deadly gun clips, and close loopholes on The history of the United States has been bert Carter once remarked. the sale of guns. marked by the great contributions of African Mr. Speaker, Black History Month is also a Our rate of incarceration and length of sen- American activists, leaders, writers, and art- time to remember many pioneering women tences are unjust and unsustainable. The ists. like U.S. Congresswoman Shirley Chisholm; United States incarcerates 25 percent of the As a member of Congress, I know that I activists Harriet Tubman and Rosa Parks; as- world’s prisoners, while we have only five per- stand on the shoulders of giants whose strug- tronaut Mae C. Jemison; authors Maya cent of the world’s population. And we dis- gles and triumphs made it possible for me to Angelou, Toni Morrison, and Gwendolyn proportionately prosecute and incarcerate Afri- stand here today and continue the fight for Brooks; all of whom have each in their own can Americans more than any other race. This equality, justice, and progress for all, regard- way, whether through courageous activism, is the result of what President Obama has less of race, religion, gender or sexual orienta- cultural contributions, or artistic creativity, called a ‘‘huge explosion’’ in our incarceration tion. forged social and political change, and forever rates, with 500,000 people imprisoned in The greatest of these giants to me are Mrs. changed our great Nation for the better. America in 1980 growing to 2.2 million today. Ivalita ‘‘Ivy’’ Jackson, a vocational nurse, and It is also fitting, Mr. Speaker, that in addition We must change our prosecution policies and Mr. Ezra A. Jackson, one of the first African- to those national leaders whose contributions

VerDate Sep 11 2014 04:53 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4634 Sfmt 9920 E:\CR\FM\A01FE7.034 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 1, 2016 CONGRESSIONAL RECORD — HOUSE H429 have made our nation better, we honor also As we celebrate Black History Month in It is time we ‘‘fix our politics.’’ Not just in those who have and are making a difference February, it is timely to consider how other Washington, but everywhere. in their local communities. great leaders from our past would perceive the As President Barack Obama stated recently, In my home city of Houston, there are nu- state of our union today. Dr. Martin Luther ‘‘We are in a time of extraordinary change.’’ merous great men and women. They are great King, Jr. is one such leader who envisioned a The Members of this House have the oppor- because they have heeded the counsel of Dr. greater future for our Nation in the face of un- tunity to pass policies that reverse years of King who said: speakable discrimination and intolerance. In bigotry and injustice and level the playing field ‘‘Everybody can be great because anybody his famous ‘‘I Have a Dream’’ speech deliv- for all. can serve. You only need a heart full of grace. ered at the Lincoln Memorial in Washington, This Black History Month, I urge my Con- A soul generated by love.’’ D.C., Dr. King laid out his vision of our country gressional colleagues to celebrate through leg- By that measure, I wish to pay tribute to where all men are created equal and where islative action. Develop a new formula to en- some of the great men and women of Hous- freedom must ring if America is to be a great sure the right to vote for all Americans. Reau- ton: nation. thorize the Higher Education Act to help more 1. Rev. F.N. Williams, Sr. Today, those principles ring true. We have kids go to college. Combat harsh sentencing 2. Rev. Dr. S.J. Gilbert, Sr. made great progress as a nation to move through criminal justice reform. 3. Rev. Crawford W. Kimble away from the darkest moments of our past. These actions won’t just honor a race of 4. Rev. Eldridge Stanley Branch Yet, there is still much work to be done. We people. They will further the hope and success 5. Rev. William A. Lawson have witnessed continued efforts to disenfran- of an entire nation. 6. Rev. Johnnie Jeffery ‘‘J.J.’’ Robeson chise select groups of voters by gutting the 7. Mr. El Franco Lee Voting Rights Act and persistent racial tension f 8. Mr. John Brand between law enforcement and the commu- 9. Ms. Ruby Moseley nities they are sworn to protect. It is a con- LEAVE OF ABSENCE 10. Ms. Dorothy Hubbard stant struggle that afflicts communities all By unanimous consent, leave of ab- 11. Ms. Doris Hubbard across the United States and suggests that sence was granted to: 12. Ms. Willie Bell Boone more work needs to be done if we are to Mr. JODY B. HICE of Georgia (at the 13. Ms. Holly HogoBrooks achieve Dr. King’s dream. request of Mr. MCCARTHY) for today 14. Mr. Deloyd Parker Mr. Speaker, the freedoms we enjoy in the and February 2 on account of a family 15. Ms. Lenora ‘‘Doll’’ Carter United States are not absolute. The principles emergency. As we celebrate Black History Month, let us and values that define our Nation are con- Ms. JACKSON LEE (at the request of pay tribute to those who have come before us, stantly challenged and ever-evolving. Dr. King Ms. PELOSI) for today on account of of- and pay forward to future generations by ad- had a distinct vision for the future of our Na- ficial business. dressing what is the number one issue for Af- tion and his legacy can help guide our deci- rican American families, and all American fam- sions moving into the future so that we can f ilies today: preserving the American promise avoid making the same mistakes of our past. of economic opportunity for all. Ms. FUDGE. Mr. Speaker, each February EXPENDITURES BY THE OFFICE Our immediate focus must be job creation, our nation takes time to reflect on the count- OF GENERAL COUNSEL UNDER and enacting legislation that will foster and lay less contributions African Americans have HOUSE RESOLUTION 676, 113TH the foundation for today’s and tomorrow’s gen- made to this country’s history. We celebrate CONGRESS eration of groundbreaking activists, leaders, innovators like Ohio District 11’s own COMMITTEE ON HOUSE scientists, writers and artists to continue con- Langston Hughes, pioneers like astronaut Mae ADMINISTRATION, tributing to the greatness of America. Jamison, as well as political and civil rights HOUSE OF REPRESENTATIVES, We must work to get Americans back to leaders like Dr. Martin Luther King, Jr. Washington, DC, January 29, 2016. work. Black History Month represents inclusion Hon. PAUL D. RYAN, We must continue to preserve the American and innovation. It promotes America at its Speaker, U.S. House of Representatives, Dream for all. best. For in this month, we appreciate our col- Washington, DC. Mr. Speaker, I am proud to stand here in lective strength and recognize the diversity of DEAR MR. SPEAKER: Pursuant to section 3(b) of H. Res. 676 of the 113th Congress, as celebration of the heroic and historic acts of each and every patriot. African Americans and their indispensable continued by section 3(f)(2) of H. Res. 5 of the America is a country of immigrants, and our 114th Congress, I write with the following en- contributions to this great Nation. power lies in our differences. To quote Dr. closure which is a statement of the aggre- It is through our work in creating possibilities King, ‘‘We may have all come on different gate amount expended on outside counsel for today and future generations that we best ships, but we’re in the same boat now.’’ and other experts on any civil action author- honor the accomplishments and legacy of our No matter how we arrived, every American ized by H. Res. 676. predecessors. should have access to the same opportunity. Sincerely, Ms. EDDIE BERNICE JOHNSON of Texas. Every individual should be able to reach his or CANDICE S. MILLER, Chairman. Mr. Speaker, when President Barack Obama her own potential and succeed in the home of delivered his final State of the Union address the free and the land of the brave. AGGREGATE AMOUNT EXPENDED ON OUTSIDE COUNSEL last month, he highlighted the resilience and Unfortunately, many do not have equitable OR OTHER EXPERTS determination of the American people. The access to opportunity. This is why the Con- [H. Res. 676] President touted notable achievements in sci- gressional Black Caucus stands today. entific advancement, greater transparency Despite the contributions and sacrifice of Af- throughout our political system, and a stronger rican Americans, many still suffer from the ef- July 1–September 30, 2014 ...... and more equitable economy as evidence fects of historic injustice and prejudice. We are October 1–December 31, 2014 ...... $42,875.00 pointing to the strength of our Nation. January 1–March 31, 2015 ...... 50,000.00 almost three times more likely to live in pov- April 1, 2015–June 30, 2015 ...... 29,915.00 For context, in the final month of President erty than Whites, and six times more likely to July 1–September 30, 2015 ...... 21,000.00 George W. Bush’s presidency, the economy October 1–December 31, 2015 ...... 45,707.67 be put in jail. Our unemployment rate is nearly Total ...... 189,497.67 was in free fall. The private sector lost nearly two times the rates of Whites. When we do 820,000 jobs in the final month of President find work, we make less than our White coun- Bush’s presidency alone and unemployment terparts. f peaked at around 10 percent in the midst of As Black America reflects on its current situ- ADJOURNMENT the Great Recession. Today, the economy has ation, many tend to ask questions such as, added 14.1 million jobs over 70 consecutive ‘‘What would Dr. King do?’’ or ‘‘How would the Mrs. BEATTY. Mr. Speaker, I move months of private-sector job growth, house- civil rights leaders of the past address the that the House do now adjourn. hold wealth has increased by more than $30 issues of the present?’’ The motion was agreed to; accord- trillion, and average home prices have recov- If Dr. King was alive today, I believe he ingly (at 8 o’clock and 27 minutes ered to pre-recession levels under President would certainly be proud of who we are. But p.m.), under its previous order, the Obama’s Administration. However, economic he would also say that we must commit our- House adjourned until tomorrow, Tues- indicators are not the only method for deter- selves to moving forward together as one peo- day, February 2, 2016, at 10 a.m. for mining the true state of our union. ple and one nation. morning-hour debate.

VerDate Sep 11 2014 04:39 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.037 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H430 CONGRESSIONAL RECORD — HOUSE February 1, 2016 EXECUTIVE COMMUNICATIONS, Stat. 868); to the Committee on Transpor- consideration of the bill (H.R. 3700) to pro- ETC. tation and Infrastructure. vide housing opportunities in the United 4163. A letter from the Management and States through modernization of various Under clause 2 of rule XIV, executive Program Analyst, FAA, Department of housing programs, and for other purposes communications were taken from the Transportation, transmitting the Depart- (Rept. 114–411). Referred to the House Cal- Speaker’s table and referred as follows: ment’s final rule — Airworthiness Direc- endar. 4156. A letter from the Management and tives; Bombardier, Inc. Airplanes [Docket DISCHARGE OF COMMITTEE Program Analyst, FAA, Department of No.: FAA-2014-0625; Directorate Identifier Pursuant to clause 2 of rule XIII, the Transportation, transmitting the Depart- 2014-NM-044-AD; Amendment 39-18343; AD Committees on Agriculture and Trans- ment’s final rule — Removal of Jet Route J- 2015-25-05] (RIN: 2120-AA64) received January portation and Infrastructure dis- 477; Northwestern United States [Docket No.: 27, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added by Public Law 104-121, Sec. 251; (110 charged from further consideration. FAA-2015-6002; Airspace Docket No.: 15-ANM- H.R. 3382 referred to the Committee of 26] (RIN: 2120-AA66) received January 27, Stat. 868); to the Committee on Transpor- 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added tation and Infrastructure. the Whole House on the state of the Union, and ordered to be printed. by Public Law 104-121, Sec. 251; (110 Stat. f 868); to the Committee on Transportation f REPORTS OF COMMITTEES ON and Infrastructure. PUBLIC BILLS AND RESOLUTIONS 4157. A letter from the Management and PUBLIC BILLS AND RESOLUTIONS Program Analyst, FAA, Department of Under clause 2 of rule XIII, reports of Under clause 2 of rule XII, public Transportation, transmitting the Depart- committees were delivered to the Clerk bills and resolutions of the following ment’s final rule — Amendment of Re- for printing and reference to the proper titles were introduced and severally re- stricted Areas R-2932, R-2933, R-2934, and R- ferred, as follows: 2935; Cape Canaveral, FL [Docket No.: FAA- calendar, as follows: By Mrs. WATSON COLEMAN: 2015-7213; Airspace Docket No.: 15-ASO-12] Mr. BISHOP of Utah: Committee on Nat- H.R. 4398. A bill to amend the Homeland (RIN: 2120-AA66) received January 27, 2016, ural Resources. H.R. 3382. A bill to amend Security Act of 2002 to provide for require- pursuant to 5 U.S.C. 801(a)(1)(A); Added by the Lake Tahoe Restoration Act to enhance ments relating to documentation for major Public Law 104-121, Sec. 251; (110 Stat. 868); to recreational opportunities, environmental acquisition programs, and for other pur- the Committee on Transportation and Infra- restoration activities, and forest manage- poses; to the Committee on Homeland Secu- structure. ment activities in the Lake Tahoe Basin, and rity. 4158. A letter from the Management and for other purposes; with an amendment By Mr. SCHIFF (for himself, Mr. VAN Program Analyst, FAA, Department of (Rept. 114–404, Pt. 1). Referred to the Com- HOLLEN, Mr. CONYERS, Ms. SLAUGH- Transportation, transmitting the Depart- mittee of the Whole House on the state of TER, Mr. CICILLINE, Mr. SERRANO, Ms. ment’s final rule — Airworthiness Direc- the Union. NORTON, Ms. BONAMICI, Mrs. NAPOLI- tives; The Boeing Company Airplanes [Dock- Mr. MILLER of Florida: Committee on TANO, Ms. MCCOLLUM, Ms. ESTY, Mr. et No.: FAA-2015-0828; Directorate Identifier Veterans’ Affairs. H.R. 677. A bill to amend HASTINGS, Mr. HIMES, Mr. BEYER, Mr. 2014-NM-146-AD; Amendment 39-18341; AD title 38, United States Code, to provide for BLUMENAUER, Ms. JUDY CHU of Cali- 2015-25-03] (RIN: 2120-AA64) received January annual cost-of-living adjustments to be made fornia, Mr. COHEN, Mr. DESAULNIER, 27, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); automatically by law each year in the rates Mr. DEUTCH, Ms. DUCKWORTH, Ms. Added by Public Law 104-121, Sec. 251; (110 of disability compensation for veterans with EDWARDS, Ms. FRANKEL of Florida, Stat. 868); to the Committee on Transpor- service-connected disabilities and the rates Ms. KELLY of Illinois, Mrs. LAW- tation and Infrastructure. of dependency and indemnity compensation RENCE, Mr. TED LIEU of California, 4159. A letter from the Management and for survivors of certain service-connected Mr. LOWENTHAL, Ms. MICHELLE LUJAN Program Analyst, FAA, Department of disabled veterans’ with an amendment (Rept. GRISHAM of New Mexico, Mr. SEAN Transportation, transmitting the Depart- 114–405). Referred to the Committee of the PATRICK MALONEY of New York, Ms. ment’s final rule — Airworthiness Direc- Whole House on the state of the Union. MATSUI, Ms. MOORE, Mr. NADLER, Mr. tives; The Boeing Company Airplanes [Dock- Mr. HENSARLING: Committee on Finan- QUIGLEY, Mr. SWALWELL of Cali- et No.: FAA-2013-0300; Directorate Identifier cial Services. H.R. 2187. A bill to direct the fornia, Mr. TAKANO, Ms. TSONGAS, 2011-NM-163-AD; Amendment 39-18339; AD Securities and Exchange Commission to re- and Ms. WASSERMAN SCHULTZ): 2015-25-01] (RIN: 2120-AA64) received January vise its regulations regarding the qualifica- H.R. 4399. A bill to repeal the Protection of 27, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); tions of natural persons as accredited inves- Lawful Commerce in Arms Act, and provide Added by Public Law 104-121, Sec. 251; (110 tors; with an amendment (Rept. 114–406). Re- for the discoverability and admissibility of Stat. 868); to the Committee on Transpor- ferred to the Committee of the Whole House gun trace information in civil proceedings; tation and Infrastructure. on the state of the Union. to the Committee on the Judiciary. 4160. A letter from the Management and Mr. HENSARLING: Committee on Finan- By Mr. BUTTERFIELD (for himself Program Analyst, FAA, Department of cial Services. H.R. 2209. A bill to require the and Mrs. BROOKS of Indiana): Transportation, transmitting the Depart- appropriate Federal banking agencies to H.R. 4400. A bill to expand the tropical dis- ment’s final rule — Airworthiness Direc- treat certain municipal obligations as level ease product priority review voucher pro- tives; Airbus Airplanes [Docket No.: FAA- 2A liquid assets, and for other purposes gram to encourage treatments for Zika 2015-0675; Directorate Identifier 2014-NM-213- (Rept. 114–407). Referred to the Committee of virus; to the Committee on Energy and Com- AD; Amendment 39-18340; AD 2015-25-02] (RIN: the Whole House on the state of the Union. merce. 2120-AA64) received January 27, 2016, pursu- Mr. HENSARLING: Committee on Finan- By Mr. LOUDERMILK (for himself, Mr. ant to 5 U.S.C. 801(a)(1)(A); Added by Public cial Services. H.R. 3784. A bill to amend the MCCAUL, Mr. KATKO, Mr. HURD of Law 104-121, Sec. 251; (110 Stat. 868); to the Securities Exchange Act of 1934 to establish Texas, Ms. MCSALLY, Mr. RATCLIFFE, Committee on Transportation and Infra- an Office of the Advocate for Small Business Mr. REICHERT, Ms. LORETTA SANCHEZ structure. Capital Formation and a Small Business of California, Mr. KEATING, Mr. VELA, 4161. A letter from the Management and Capital Formation Advisory Committee, and and Mr. PAYNE): Program Analyst, FAA, Department of for other purposes; with an amendment H.R. 4401. A bill to authorize the Secretary Transportation, transmitting the Depart- (Rept. 114–408). Referred to the Committee of of Homeland Security to provide countering ment’s final rule — Airworthiness Direc- the Whole House on the state of the Union. violent extremism training to Department of tives; Piper Aircraft, Inc. [Docket No.: FAA- Mr. HENSARLING: Committee on Finan- Homeland Security representatives at State 2015-8311; Directorate Identifier 2015-CE-039- cial Services. H.R. 4168. A bill to amend the and local fusion centers, and for other pur- AD; Amendment 39-18356; AD 2015-26-08] (RIN: Small Business Investment Incentive Act of poses; to the Committee on Homeland Secu- 2120-AA64) received January 27, 2016, pursu- 1980 to require an annual review by the Secu- rity. ant to 5 U.S.C. 801(a)(1)(A); Added by Public rities and Exchange Commission of the an- By Mr. HURD of Texas (for himself, Law 104-121, Sec. 251; (110 Stat. 868); to the nual government-business forum on capital Mr. MCCAUL, Mr. KATKO, Mr. Committee on Transportation and Infra- formation that is held pursuant to such Act LOUDERMILK, Ms. MCSALLY, Mr. structure. (Rept. 114–409). Referred to the Committee of RATCLIFFE, Ms. LORETTA SANCHEZ of 4162. A letter from the Management and the Whole House on the state of the Union. California, Mr. VELA, and Mr. Program Analyst, FAA, Department of Mrs. MILLER of Michigan: Committee on PAYNE): Transportation, transmitting the Depart- House Administration. H.R. 1670. A bill to di- H.R. 4402. A bill to require a review of in- ment’s final rule — Airworthiness Direc- rect the Architect of the Capitol to place in formation regarding persons who have trav- tives; The Boeing Company Airplanes [Dock- the United States Capitol a chair honoring eled or attempted to travel from the United et No.: FAA-2015-1281; Directorate Identifier American Prisoners of War/Missing in Action States to support terrorist organizations in 2014-NM-241-AD; Amendment 39-18346; AD (Rept. 114–410). Referred to the Committee of Syria and Iraq, and for other purposes; to the 2015-25-08] (RIN: 2120-AA64) received January the Whole House on the state of the Union. Committee on Homeland Security. 27, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. STIVERS: Committee on Rules. House By Mr. HURD of Texas (for himself, Added by Public Law 104-121, Sec. 251; (110 Resolution 594. A resolution providing for Mr. MCCAUL, Mr. KATKO, Mr.

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LOUDERMILK, Ms. MCSALLY, Mr. By Mr. GRIFFITH: demonstration, and for other purposes; to RATCLIFFE, Ms. LORETTA SANCHEZ of H.R. 4411. A bill to extend the deadline for the Committee on Science, Space, and Tech- California, Mr. VELA, and Mr. commencement of construction of a hydro- nology. PAYNE): electric project; to the Committee on Energy By Mr. YOUNG of Alaska (for himself, H.R. 4403. A bill to authorize the develop- and Commerce. Mr. TAKAI, Mr. WALZ, Mr. ZINKE, Mr. ment of open-source software based on cer- By Mr. GRIFFITH: PALAZZO, Mr. NUGENT, Mr. TED LIEU tain systems of the Department of Homeland H.R. 4412. A bill to extend the deadline for of California, Ms. GABBARD, Mr. Security and the Department of State to fa- commencement of construction of a hydro- ASHFORD, and Mr. ROONEY of Flor- cilitate the vetting of travelers against ter- electric project; to the Committee on Energy ida): rorist watchlists and law enforcement data- and Commerce. H.R. 4424. A bill to amend title 37, United bases, enhance border management, and im- By Mr. HUNTER (for himself and Mr. States Code, to increase the maximum reim- prove targeting and analysis, and for other VARGAS): bursement amount authorized for travel ex- purposes; to the Committee on Foreign Af- H.R. 4413. A bill to prohibit the use of funds penses incurred by certain members of the fairs, and in addition to the Committee on to provide assistance to the Pacific Islands Selected Reserve of the Ready Reserve to at- Forum Fisheries Agency under the Agree- Homeland Security, for a period to be subse- tend inactive duty training outside of nor- ment Between the Government of the United quently determined by the Speaker, in each mal commuting distances; to the Committee States of America and the Pacific Islands case for consideration of such provisions as on Armed Services. Forum Fisheries Agency, and for other pur- fall within the jurisdiction of the committee By Ms. SEWELL of Alabama: poses; to the Committee on Foreign Affairs. concerned. H. Con. Res. 109. Concurrent resolution au- By Mr. KILDEE: thorizing the use of Emancipation Hall in By Ms. MCSALLY (for herself, Mr. H.R. 4414. A bill to amend the Safe Drink- MCCAUL, Mr. KATKO, Mr. HURD of the Capitol Visitor Center for a ceremony to ing Water Act to authorize the Adminis- present the Congressional Gold Medal to the Texas, Mr. LOUDERMILK, Mr. trator of the Environmental Protection RATCLIFFE, Ms. LORETTA SANCHEZ of foot soldiers who participated in the 1965 Agency to notify the public if a State agency Selma to Montgomery marches; to the Com- California, Mr. VELA, and Mr. and public water system are not taking ac- mittee on House Administration. PAYNE): tion to address a public health risk associ- By Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 4404. A bill to require an exercise re- ated with drinking water requirements; to fornia (for herself, Ms. JACKSON LEE, lated to terrorist and foreign fighter travel, the Committee on Energy and Commerce. Mr. LEVIN, Mr. VARGAS, Mr. HONDA, and for other purposes; to the Committee on By Mrs. LAWRENCE (for herself, Ms. Homeland Security. Mr. HINOJOSA, and Mr. GRIJALVA): MOORE, Mr. HASTINGS, Mrs. WATSON H. Res. 593. A resolution expressing support By Mr. ISRAEL (for himself, Mr. COLEMAN, Ms. BROWN of Florida, Ms. TONKO, and Ms. NORTON): for designation of the week of February 1, LEE, and Mr. HONDA): 2016, through February 5, 2016, as ‘‘National H.R. 4405. A bill to require institutions of H.R. 4415. A bill to establish an Early Fed- School Counseling Week‘‘; to the Committee higher education to notify students whether eral Pell Grant Commitment Program; to on Education and the Workforce. student housing facilities are equipped with the Committee on Education and the Work- automatic fire sprinkler systems; to the force. f Committee on Education and the Workforce. By Mr. MCKINLEY (for himself and Mr. CONSTITUTIONAL AUTHORITY By Mr. WALBERG (for himself, Mrs. DELANEY): WAGNER, Mr. GUTHRIE, and Mr. HECK H.R. 4416. A bill to extend the deadline for STATEMENT of Nevada): commencement of construction of a hydro- Pursuant to clause 7 of rule XII of H.R. 4406. A bill to direct the Secretary of electric project; to the Committee on Energy the Rules of the House of Representa- Labor to train certain Department of Labor and Commerce. tives, the following statements are sub- personnel how to effectively detect and as- By Mr. MOULTON: H.R. 4417. A bill to deauthorize portions of mitted regarding the specific powers sist law enforcement in preventing human granted to Congress in the Constitu- trafficking during the course of their pri- the project for navigation, Essex River, Mas- mary roles and responsibilities, and for other sachusetts; to the Committee on Transpor- tion to enact the accompanying bill or purposes; to the Committee on Education tation and Infrastructure. joint resolution. and the Workforce. By Ms. NORTON (for herself and Mr. By Mrs. WATSON COLEMAN: By Mr. KATKO (for himself, Mr. WITTMAN): H.R. 4398. MCCAUL, Mr. HURD of Texas, Mr. H.R. 4418. A bill to amend chapter 77 of Congress has the power to enact this legis- LOUDERMILK, Ms. MCSALLY, Mr. title 5, United States Code, to clarify certain lation pursuant to the following: RATCLIFFE, Ms. LORETTA SANCHEZ of due process rights of Federal employees serv- Article I, Section 8, Clause 18 California, Mr. KEATING, Mr. VELA, ing in sensitive positions, and for other pur- By Mr. SCHIFF: and Mr. PAYNE): poses; to the Committee on Oversight and H.R. 4399. H.R. 4407. A bill to amend the Homeland Government Reform. Congress has the power to enact this legis- Security Act of 2002 to establish in the De- By Ms. NORTON: lation pursuant to the following: H.R. 4419. A bill to update the financial dis- partment of Homeland Security a board to Equal Access to Justice for Victims of Gun closure requirements for judges of the Dis- coordinate and integrate departmental intel- Violence is constitutionally authorized trict of Columbia courts; to the Committee ligence, activities, and policy related to under Article I, Section 8, Clause 3, the Com- on Oversight and Government Reform. counterterrorism, and for other purposes; to merce Clause and Article I, Section 8, Clause By Mr. POLIQUIN (for himself and Mr. the Committee on Homeland Security. 18, the Necessary and Proper Clause. Addi- JORDAN): tionally, the Preamble to the Constitution By Mr. KATKO (for himself, Mr. H.R. 4420. A bill to amend the Food and Nu- MCCAUL, Mr. HURD of Texas, Mr. provides support of the authority to enact trition Act of 2008 to provide that certain legislation to promote the General Welfare. LOUDERMILK, Ms. MCSALLY, Mr. convicted felons shall be ineligible to par- RATCLIFFE, Ms. LORETTA SANCHEZ of By Mr. BUTTERFIELD: ticipate in the supplemental nutrition assist- H.R. 4400. California, Mr. KEATING, Mr. VELA, ance program; to the Committee on Agri- Congress has the power to enact this legis- and Mr. PAYNE): culture. lation pursuant to the following: H.R. 4408. A bill to require the development By Mr. RANGEL: The Constitutional authority in which this of a national strategy to combat terrorist H.R. 4421. A bill to award a Congressional bill rests is the power of the Congress to reg- travel, and for other purposes; to the Com- Gold Medal to Colonel Charles Young, in rec- ulate Commerce as enumerated by Article I, mittee on Homeland Security. ognition of his pioneering career in the Section 8, Clause 3 as applied to healthcare. By Mr. CARNEY (for himself and Mr. United States Army during exceptionally By Mr. LOUDERMILK: FITZPATRICK): challenging times; to the Committee on Fi- H.R. 4401. H.R. 4409. A bill to direct the Federal nancial Services. Congress has the power to enact this legis- Trade Commission to establish labels that By Mr. RICHMOND (for himself, Mr. lation pursuant to the following: may be used as a voluntary means of indi- CARTWRIGHT, Mrs. KIRKPATRICK, Mr. Article I, Section 8, Clause 18—To make all cating to consumers the extent to which GRIJALVA, Ms. SLAUGHTER, Mr. Laws which shall be necessary and proper for products are of United States origin, and for TAKANO, Mr. BLUMENAUER, and Mr. carrying into Execution the foregoing Pow- other purposes; to the Committee on Energy ELLISON): ers, and all other Powers vested by this Con- and Commerce. H.R. 4422. A bill to amend title 39, United stitution in the Government of the United By Mr. COHEN (for himself, Ms. NOR- States Code, to provide that the United States, or in any Department or Officer TON, Mr. BLUMENAUER, Ms. MOORE, States Postal Service may provide certain thereof. Mr. GRIJALVA, and Mr. JOHNSON of basic financial services, and for other pur- By Mr. HURD of Texas: Georgia): poses; to the Committee on Oversight and H.R. 4402. H.R. 4410. A bill to permit expungement of Government Reform. Congress has the power to enact this legis- records of certain nonviolent criminal of- By Mr. TONKO: lation pursuant to the following: fenses, and for other purposes; to the Com- H.R. 4423. A bill to provide for a program of Article I, Section 8, Clause 18—To make all mittee on the Judiciary. wind energy research, development, and Laws which shall be necessary and proper for

VerDate Sep 11 2014 03:26 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\L01FE7.100 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H432 CONGRESSIONAL RECORD — HOUSE February 1, 2016 carrying into Execution the foregoing Pow- 8, Clause 18 of the United States Constitu- By Mr. TONKO: ers, and all other Powers vested by this Con- tion. H.R. 4423. stitution in the Government of the United By Mr. GRIFFITH: Congress has the power to enact this legis- States, or in any Department or Officer H.R. 4412. lation pursuant to the following: thereof. Congress has the power to enact this legis- Article I, Section 8, Clause 18: The Con- By Mr. HURD of Texas: lation pursuant to the following: gress shall have power to make all Laws H.R. 4403. This bill is enacted pursuant to the power which shall be necessary and proper for car- Congress has the power to enact this legis- granted to Congress under Article 1, Section rying into Execution the foregoing Powers, lation pursuant to the following: 8, Clause 18 of the United States Constitu- and all other Powers vested by the Constitu- Article I, Section 8, Clause 18—To make all tion. tion in the Government of the United States, Laws which shall be necessary and proper for By Mr. HUNTER: or in any Department or Officer thereof. carrying into Execution the foregoing Pow- H.R. 4413. By Mr. YOUNG of Alaska: ers, and all other Powers vested by this Con- Congress has the power to enact this legis- H.R. 4424. stitution in the Government of the United lation pursuant to the following: Congress has the power to enact this legis- States, or in any Department or Officer Article 1, Section 8 of the United States lation pursuant to the following: thereof. Constitution Article I, Section 8 By Ms. MCSALLY: By Mr. KILDEE: The constitutional authority of Congress H.R. 4404. H.R. 4414. to enact this legislation is provided by Arti- Congress has the power to enact this legis- Congress has the power to enact this legis- cle I, section 8 of the United States Constitu- lation pursuant to the following: lation pursuant to the following: tion (clauses 12, 13, 14, 16, and 18), which Article I Section VIII Article I, Section 8, Clause 18—To make all grants Congress the power to raise and sup- By Mrs. LAWRENCE: Laws which shall be necessary and proper for port an Army; to provide and maintain a H.R. 4415. carrying into Execution the foregoing Pow- Navy; to make rules for the government and Congress has the power to enact this legis- ers, and all other Powers vested by this Con- regulation of the land and naval forces; to stitution in the Government of the United lation pursuant to the following: Artle I, Section 9, Clause 7 provide for organizing, arming, and dis- States, or in any Department or Officer No oney shall be drawn from the Treasury ciplining the militia; and to make all laws thereof. but in Consequence of Appropriations made necessary and proper for carrying out the By Mr. ISRAEL: by Law; and a regular Statement and foregoing powers. H.R. 4405. Accound of the Receipts and Expenditures of Congress has the power to enact this legis- f all public Money shall be published from lation pursuant to the following: ADDITIONAL SPONSORS Article I, Sec. 8, clause 18. time to time. By Mr. WALBERG: By Mr. MCKINLEY: Under clause 7 of rule XII, sponsors H.R. 4416. H.R. 4406. Congress has the power to enact this legis- were added to public bills and resolu- Congress has the power to enact this legis- lation pursuant to the following: tions, as follows: lation pursuant to the following: According to Article I, Section 8 of the H.R. 27: Mr. WILLIAMS. Article I, Section 8, Clause 3 of the U.S. Constitution: The Congress shall have power H.R. 38: Mrs. WAGNER. Constitution to lay and collect taxes, duties, imposts and H.R. 192: Mr. ROSS. By Mr. KATKO: excises, to pay the debts and provide for the H.R. 4407. H.R. 213: Ms. CLARK of Massachusetts and common defense and general welfare of the Congress has the power to enact this legis- Mr. DANNY K. DAVIS of Illinois. United States but all duties, imposts, and ex- lation pursuant to the following: H.R. 228: Mr. NUGENT and Mr. KATKO. Article I, Section 8, Clause 18—To make all cises shall be uniform throughout. H.R. 244: Mr. JONES. Laws which shall be necessary and proper for By Mr. MOULTON: H.R. 250: Mr. POMPEO and Mr. COFFMAN. H.R. 4417. carrying into Execution the foregoing Pow- H.R. 267: Mr. HONDA. Congress has the power to enact this legis- ers, and all other Powers vested by this Con- H.R. 320: Ms. JENKINS of Kansas. lation pursuant to the following: stitution in the Government of the United H.R. 343: Mr. ZELDIN. Article I, Section 8 of the United States H.R. 358: Mr. JEFFRIES. States, or in any Department or Officer Constitution thereof. H.R. 379: Mrs. BLACK and Ms. LORETTA SAN- By Ms. NORTON: CHEZ of California. By Mr. KATKO: H.R. 4418. H.R. 4408. H.R. 400: Mr. MACARTHUR. Congress has the power to enact this legis- H.R. 430: Mr. COSTA and Mr. SEAN PATRICK Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: MALONEY of New York. clause 18 of section 8 of article I of the H.R. 446: Mr. SEAN PATRICK MALONEY of Article I, Section 8, Clause 18—To make all Constitution. Laws which shall be necessary and proper for New York, Ms. KAPTUR, and Mr. POCAN. By Ms. NORTON: H.R. 499: Mr. BLUMENAUER. carrying into Execution the foregoing Pow- H.R. 4419. H.R. 551: Ms. DELBENE. ers, and all other Powers vested by this Con- Congress has the power to enact this legis- H.R. 605: Ms. JUDY CHU of California. stitution in the Government of the United lation pursuant to the following: H.R. 654: Mr. GIBBS, Mr. BABIN, and Mr. States, or in any Department or Officer clause 17 of section 8 of article I of the ROKITA. thereof. Constitution. H.R. 696: Mr. MEEHAN. By Mr. CARNEY: By Mr. POLIQUIN: H.R. 703: Mr. PITTS. H.R. 4409. H.R. 4420. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 790: Mr. BROOKS of Alabama. lation pursuant to the following: lation pursuant to the following: H.R. 793: Mr. CRAMER, Mrs. BUSTOS, and Artilce I, Section 8, Clause 18 Article I, Section 8 grants Congress the Mr. RODNEY DAVIS of Illinois. The Congress shall have Power *** To power to ‘‘regulate Commerce with foreign H.R. 802: Mrs. KIRKPATRICK, Mr. DEFAZIO, make all Laws which shall be necessary and Nations, and among the several States.’’ and Mr. GRIJALVA. proper for carrying into Execution the fore- By Mr. RANGEL: H.R. 815: Mrs. MIMI WALTERS of California. going Powers, and all other Powers vested by H.R. 4421. H.R. 842: Mr. GARRETT, Mr. PALLONE, Mr. the Constitution in the Government of the Congress has the power to enact this legis- FARR, and Mr. DOGGETT. United States, or in any Department or Offi- lation pursuant to the following: H.R. 845: Ms. JENKINS of Kansas. cer thereof. Article I Section 8 H.R. 849: Mr. JOLLY. Article I, Section 8, Clause 3 By Mr. RICHMOND: H.R. 870: Mr. POLIS, Mr. HONDA, and Mr. The Congress shall have Power *** To regu- H.R. 4422. POCAN. late Commerce with foreign Nations, and Congress has the power to enact this legis- H.R. 909: Mr. CRAMER. among the several States, and with the In- lation pursuant to the following: H.R. 915: Mr. JEFFRIES. dian Tribes. This bill is introduced pursuant to the H.R. 927: Ms. NORTON. By Mr. COHEN: powers granted to Congress under Article I, H.R. 953: Mr. COURTNEY, Mr. VAN HOLLEN, H.R. 4410. Section 8, Clause 7; Article I, Section 8, and Mr. DOLD. Congress has the power to enact this legis- Clause 1; Article I, Section 8, Clause, 18; and H.R. 994: Ms. DELBENE. lation pursuant to the following: Article I, Section 8, Clause 3 of the United H.R. 1061: Mr. BLUMENAUER. Article I, Section 8 States Constitution. H.R. 1076: Mr. GUTIE´ RREZ and Mr. GENE By Mr. GRIFFITH: Further, this statement of constitutional GREEN of Texas. H.R. 4411. authority is made for the sole purpose of H.R. 1089: Mr. HIGGINS and Ms. LOFGREN. Congress has the power to enact this legis- compliance with clause 7 of Rule XII of the H.R. 1112: Mr. POCAN. lation pursuant to the following: Rules of the House of Representatives and H.R. 1125: Mr. JOLLY and Mr. UPTON. This bill is enacted pursuant to the power shall have no bearing on judicial review of H.R. 1150: Mr. SALMON and Mr. COHEN. granted to Congress under Article I, Section the accompanying bill. H.R. 1198: Ms. PINGREE.

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H.R. 1220: Mrs. MCMORRIS RODGERS. H.R. 3159: Ms. JACKSON LEE and Mr. WALZ. H.R. 4219: Mr. MEADOWS and Mr. CUELLAR. H.R. 1258: Ms. LORETTA SANCHEZ of Cali- H.R. 3180: Mr. BUTTERFIELD. H.R. 4230: Ms. PINGREE, Mr. LANGEVIN, Mr. fornia. H.R. 3222: Mr. RATCLIFFE. CROWLEY, Mr. LOWENTHAL, Mrs. CAROLYN B. H.R. 1288: Mr. DANNY K. DAVIS of Illinois, H.R. 3224: Mrs. CAROLYN B. MALONEY of MALONEY of New York, Mr. ISRAEL, Mr. Mr. DUFFY, and Mr. SMITH of Washington. New York. GRAYSON, Mr. SEAN PATRICK MALONEY of New H.R. 3225: Mr. HARPER. H.R. 1292: Mr. MURPHY of Pennsylvania and York, Ms. LEE, Ms. ESTY, Ms. NORTON, Ms. H.R. 3248: Mr. FOSTER. Mr. SMITH of New Jersey. CLARKE of New York, Ms. MENG, Mr. H.R. 1301: Mr. PEARCE and Mr. O’ROURKE. H.R. 3326: Mrs. BEATTY. ´ GALLEGO, Mr. DEUTCH, Ms. DELBENE, Mr. H.R. 1397: Ms. FRANKEL of Florida, Mr. H.R. 3337: Ms. VELAZQUEZ. H.R. 3345: Mr. GALLEGO. VAN HOLLEN, Ms. BASS, Mr. HASTINGS, and BOST, Mr. CHABOT, Mr. GOHMERT, Mr. CAL- H.R. 3355: Mr. ADERHOLT. Ms. JUDY CHU of California. VERT, Mr. SMITH of Washington, Mr. GUTH- H.R. 3365: Mr. VAN HOLLEN and Mr. SHER- H.R. 4249: Mr. HASTINGS, Ms. BASS, and Mr. RIE, and Mr. ROKITA. MAN. CARSON of Indiana. H.R. 1427: Mr. SALMON and Mrs. Watson H.R. 3381: Ms. DEGETTE and Mrs. MCMORRIS Coleman. H.R. 4253: Mr. LOWENTHAL. RODGERS. H.R. 4262: Mr. STEWART and Mr. MCCLIN- H.R. 1475: Mr. STUTZMAN, Mr. WESTMORE- H.R. 3406: Ms. MCCOLLUM, Mr. SEAN PAT- TOCK. LAND, Mr. CRENSHAW, Mr. WOMACK, Mr. ROO- RICK MALONEY of New York, and Mr. H.R. 4271: Mr. POSEY. NEY of Florida, Mr. FINCHER, Mr. DEFAZIO, LOWENTHAL. H.R. 4273: Mr. COHEN. and Mr. CALVERT. H.R. 3411: Mr. GUTIE´ RREZ. H.R. 4279: Mr. MICA. H.R. 1550: Mr. COSTA. H.R. 3520: Mr. YOUNG of Iowa. H.R. 1559: Mr. CRENSHAW and Ms. KAPTUR. H.R. 3546: Mr. CARTWRIGHT and Mr. MCGOV- H.R. 4293: Mr. YOUNG of Indiana, Mr. H.R. 1565: Mr. WELCH, Mr. POCAN, Ms. ERN. BYRNE, Mr. BOUSTANY, Mr. WILSON of South TSONGAS, Ms. JACKSON LEE, Mr. DOGGETT, H.R. 3566: Mr. RATCLIFFE. Carolina, and Mr. CLAY. Mr. VAN HOLLEN, and Mr. SWALWELL of Cali- H.R. 3579: Mr. SMITH of Washington. H.R. 4294: Mr. YOUNG of Indiana, Mr. fornia. H.R. 3619: Mr. VAN HOLLEN. BYRNE, Mr. BOUSTANY, Mr. WILSON of South H.R. 1567: Mr. CLAWSON of Florida and Mrs. H.R. 3640: Mr. SERRANO. Carolina, and Mr. CLAY. TORRES. H.R. 3677: Mr. HASTINGS. H.R. 4295: Ms. BASS. H.R. 1586: Mr. QUIGLEY. H.R. 3687: Mr. BABIN. H.R. 4298: Mr. FARR. H.R. 3698: Ms. ROS-LEHTINEN. H.R. 1608: Mr. WITTMAN, Mr. MASSIE, Mr. H.R. 4301: Mr. MILLER of Florida and Mr. H.R. 3710: Mr. ROSS. JOLLY, and Mr. PAULSEN. STEWART. H.R. 1703: Ms. SPEIER. H.R. 3711: Ms. JUDY CHU of California. ELA´ ZQUEZ C OV H.R. 4313: Mr. LAMALFA, Mr. MCCLINTOCK, H.R. 1763: Mrs. WATSON COLEMAN and Mr. H.R. 3720: Ms. V and Mr. M G - ERN and Mrs. LOVE. SEAN PATRICK MALONEY of New York. . H.R. 3742: Mr. HURT of Virginia, Mr. ZINKE, H.R. 4324: Mr. COHEN and Mr. JOHNSON of H.R. 1848: Mr. VAN HOLLEN. Georgia. H.R. 1854: Mr. SEAN PATRICK MALONEY of Mr. POCAN, and Mr. SENSENBRENNER. New York. H.R. 3746: Mr. CICILLINE. H.R. 4336: Mr. FRELINGHUYSEN, Mr. YOUNG H.R. 3799: Mr. LABRADOR, Mrs. ELLMERS of H.R. 1902: Mr. JEFFRIES. of Iowa, Mr. RUSH, and Mr. WITTMAN. H.R. 1904: Mr. WALKER and Ms. TITUS. North Carolina, Mr. CHAFFETZ, and Mr. H.R. 4348: Mr. PALAZZO and Mr. NEWHOUSE. H.R. 1905: Mr. WALKER. FARENTHOLD. H.R. 4350: Mr. EMMER of Minnesota. H.R. 1942: Mr. DOGGETT and Mr. ELLISON. H.R. 3805: Ms. DEGETTE. H.R. 4352: Mr. BRAT. H.R. 2016: Mr. LOWENTHAL and Mr. POLIS. H.R. 3818: Mr. YOHO. H.R. 4364: Ms. FUDGE and Ms. SCHAKOWSKY. H.R. 2083: Mr. SERRANO. H.R. 3852: Ms. KUSTER and Ms. TITUS. H.R. 4378: Mr. BRADY of Pennsylvania, Ms. H.R. 3886: Ms. SCHAKOWSKY, Mrs. BEATTY, H.R. 2093: Mr. BRIDENSTINE. KELLY of Illinois, Mr. KILMER, and Mr. BEN and Ms. JUDY CHU of California. H.R. 2104: Mr. SWALWELL of California. RAY LUJA´ N of New Mexico. H.R. 3892: Mr. CLAWSON of Florida, Mr. H.R. 2156: Mr. RATCLIFFE. H.R. 4380: Mr. TED LIEU of California and H.R. 2209: Mr. KILDEE. BRIDENSTINE, Mr. BUCK, Mr. LOUDERMILK, Mr. HONDA. H.R. 2255: Mr. HUIZENGA of Michigan. and Mr. ROUZER. H.J. Res. 74: Mr. MURPHY of Pennsylvania H.R. 2257: Mr. COFFMAN. H.R. 3936: Mr. COLE. H.R. 2264: Mr. CUMMINGS, Ms. DELBENE, Mr. H.R. 3940: Mr. RATCLIFFE and Mr. COHEN. and Mr. RATCLIFFE. SCHIFF, Mr. COURTNEY, and Mr. KING of New H.R. 3952: Mr. GUTHRIE. H. Con. Res. 75: Mr. LEVIN and Ms. MENG. York. H.R. 3957: Ms. ROS-LEHTINEN, H. Con. Res. 88: Ms. ROS-LEHTINEN. H.R. 2266: Mr. GRIJALVA, Mr. VELA, and Mr. H.R. 3965: Mr. TED LIEU of California. H. Con. Res. 99: Mr. WELCH. UDGE GARAMENDI. H.R. 3970: Ms. F . H. Con. Res. 100: Mr. FLEMING and Mr. H.R. 4000: Mr. RENACCI. H.R. 2274: Miss RICE of New York. KINZINGER of Illinois. H.R. 4003: Mr. GOHMERT. H.R. 2283: Ms. LEE. H. Con. Res. 105: Mr. SAM JOHNSON of H.R. 4009: Mr. VARGAS. H.R. 2290: Mr. THOMPSON of Pennsylvania. Texas, Mr. GIBBS, Mr. CRAMER, and Mr. TOM H.R. 4013: Mr. LARSEN of Washington, Ms. H.R. 2300: Mr. CARTER of Georgia. PRICE of Georgia. DELAURO, Mr. CARTWRIGHT, Ms. CLARKE of H.R. 2313: Mr. PASCRELL. H. Res. 12: Mr. O’ROURKE. New York, and Mr. CONYERS. H.R. 2334: Mr. WENSTRUP. H. Res. 14: Mr. DESJARLAIS, Mr. GIBSON, H.R. 4019: Ms. LORETTA SANCHEZ of Cali- H.R. 2411: Mr. DELANEY, Ms. FRANKEL of Ms. GABBARD, and Mr. WALZ. fornia and Mr. LARSEN of Washington. Florida, Ms. NORTON, Mr. KENNEDY, and Mr. H. Res. 194: Mr. GUTIE´ RREZ. H.R. 4026: Mr. GRAVES of Missouri. KEATING. ´ H.R. 4043: Mr. MCDERMOTT and Mr. LARSEN H. Res. 220: Mr. GUTIERREZ, Mr. DEFAZIO, H.R. 2434: Mr. KATKO. and Mr. QUIGLEY. H.R. 2519: Mr. KELLY of Pennsylvania. of Washington. H. Res. 265: Mr. HANNA. H.R. 2524: Ms. ESHOO. H.R. 4055: Mr. COURTNEY. H. Res. 289: Ms. SCHAKOWSKY, Ms. MOORE, H.R. 2526: Mr. LAHOOD. H.R. 4062: Mr. YOUNG of Iowa and Mr. H.R. 2544: Mr. LAMBORN. SMITH of Texas. Ms. WASSERMAN SCHULTZ, and Ms. MCCOL- H.R. 2568: Mr. RATCLIFFE. H.R. 4073: Mr. SIRES, Mr. KEATING, Ms. LUM. H.R. 2602: Mr. TAKANO. JUDY CHU of California, and Mr. COFFMAN. H. Res. 343: Ms. KELLY of Illinois, Mr. NOR- H.R. 2653: Mr. COOK. H.R. 4080: Mr. BRADY of Pennsylvania, Ms. CROSS, and Mr. RATCLIFFE. H.R. 2663: Mr. VALADAO, Mr. DENHAM, Mr. ESHOO, Ms. TSONGAS, Mr. DOGGETT, Ms. H. Res. 451: Mrs. NAPOLITANO, Mr. YOUNG of NEWHOUSE, Mr. HASTINGS, and Mrs. LOVE. MICHELLE LUJAN GRISHAM of New Mexico, Alaska, and Mr. FLORES. H.R. 2669: Mr. TED LIEU of California. Ms. PINGREE, Mr. LOEBSACK, Mrs. LOWEY, Mr. H. Res. 469: Mrs. MILLER of Michigan. H.R. 2730: Mr. BILIRAKIS. MCDERMOTT, and Mr. VEASEY. H. Res. 494: Mr. MESSER, Mr. GOHMERT, Mr. H.R. 2874: Ms. DUCKWORTH and Mr. BRAT. H.R. 4084: Mr. GARRETT. LATTA, Mr. SALMON, Mr. BISHOP of Utah, Mr. H.R. 2901: Mr. SCALISE. H.R. 4087: Mr. HUIZENGA of Michigan. ROTHFUS, and Mrs. LOVE. H.R. 2972: Mr. RICHMOND and Mr. KEATING. H.R. 4126: Mr. BUCHANAN and Mr. TOM H. Res. 501: Mr. YOUNG of Alaska, Mrs. H.R. 3012: Mr. CRAMER and Mr. FRANKS of PRICE of Georgia. BLACK, and Mr. GALLEGO. Arizona. H.R. 4137: Ms. WILSON of Florida. H. Res. 509: Mr. CONNOLLY. H.R. 3029: Mr. LOWENTHAL. H.R. 4177: Mr. NUGENT. H. Res. 551: Mr. LOWENTHAL, Mr. RUSSELL, H.R. 3036: Mr. NUNES and Mr. CROWLEY. H.R. 4184: Mr. POLIS. H.R. 3092: Mr. O’ROURKE. H.R. 4185: Mr. THORNBERRY and Mr. Mr. SALMON, Mr. COSTA, and Mr. COHEN. H.R. 3103: Mr. PEARCE. NEWHOUSE. H. Res. 554: Mr. EMMER of Minnesota. H.R. 3110: Mr. SHIMKUS and Mr. ROONEY of H.R. 4196: Ms. KAPTUR. H. Res. 569: Ms. SPEIER, Mr. NORCROSS, Mr. Florida. H.R. 4210: Mr. BARR and Mr. POSEY. SEAN PATRICK MALONEY of New York, Mrs. H.R. 3119: Mr. JOYCE, Mr. VARGAS, Mr. H.R. 4212: Mr. BLUMENAUER, Mr. NAPOLITANO, Mr. SARBANES, Mr. BLU- ASHFORD, and Mr. HARPER. LOWENTHAL, and Mr. LEWIS. MENAUER, Mr. WALZ, and Mrs. LOWEY.

VerDate Sep 11 2014 05:34 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.027 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H434 CONGRESSIONAL RECORD — HOUSE February 1, 2016 H. Res. 571: Mr. BARR and Mrs. BLACK. DELETIONS OF SPONSORS FROM H.R. 546: Mr. MICHAEL F. DOYLE of Pennsyl- H. Res. 582: Mr. GOHMERT, Mr. MULLIN, PUBLIC BILLS AND RESOLUTIONS vania. Mrs. WALORSKI, Mr. NUGENT, Mrs. ELLMERS H.R. 1019: Mr. FARENTHOLD. of North Carolina, and Mr. COLLINS of New Under clause 7 of rule XII, sponsors York. H.R. 1401: Mr. FARENTHOLD. H. Res. 586: Ms. HAHN, Mr. MURPHY of were deleted from public bills and reso- Pennsylvania, and Mr. COHEN. lutions, as follows:

VerDate Sep 11 2014 04:56 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.031 H01FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, SECOND SESSION

Vol. 162 WASHINGTON, MONDAY, FEBRUARY 1, 2016 No. 18 Senate The Senate met at 3 p.m. and was appoint the Honorable BILL CASSIDY, a Sen- bipartisan legislation that provides a called to order by the Honorable BILL ator from the State of Louisiana, to perform commonsense approach to help Ameri- CASSIDY, a Senator from the State of the duties of the Chair. cans produce more energy, pay less for Louisiana. ORRIN G. HATCH, energy, save energy, all without rais- President pro tempore. f ing taxes or adding to the deficit. Mr. CASSIDY thereupon assumed the So let’s keep working and move the PRAYER Chair as Acting President pro tempore. process forward. Let’s keep working to The Chaplain, Dr. Barry C. Black, of- f pass this bipartisan bill. fered the following prayer: RECOGNITION OF THE MAJORITY f Let us pray. LEADER RESERVATION OF LEADER TIME Eternal Spirit, the center of our joy, You are the source of all of our bless- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- ings. Thank You for Your unfailing pore. The majority leader is recog- pore. Under the previous order, the love that provides us each day with the nized. leadership time is reserved. privilege of glorifying Your Name. f f Lord, help us to remember that You ENERGY POLICY MODERNIZATION ENERGY POLICY MODERNIZATION are an ever-present help for all our BILL ACT OF 2015 troubles. The ACTING PRESIDENT pro tem- Today, inspire our Senators to trust Mr. MCCONNELL. Mr. President, the pore. Under the previous order, the You to direct their steps. As they are senior Senator from Alaska knows that Senate will resume consideration of S. pressed by many issues, help them to reform is urgently needed to modernize 2012, which the clerk will report. slow down long enough to seek Your America’s energy policies for a new The bill clerk read as follows: wisdom. Cheer their hearts with the era, with new challenges and new op- knowledge that in everything You are portunities. Under her leadership, the A bill (S. 2012) to provide for the mod- energy committee has worked hard the ernization of the energy policy of the United working for the good of those who love States, and for other purposes. You, sustaining them by Your grace. past year to achieve that aim. The We pray in Your sacred Name. Amen. committee convened listening sessions, Pending: the committee held oversight hearings, Murkowski amendment No. 2953, in the na- f the committee worked hard and ture of a substitute. PLEDGE OF ALLEGIANCE worked across the aisle focusing on Murkowski (for Cassidy/Markey) amend- areas of common ground that can move ment No. 2954 (to amendment No. 2953), to The Presiding Officer led the Pledge provide for certain increases in, and limita- our country forward. of Allegiance, as follows: tions on, the drawdown and sales of the Stra- That constructive and collaborative tegic Petroleum Reserve. I pledge allegiance to the Flag of the process ultimately resulted in a broad United States of America, and to the Repub- Murkowski amendment No. 2963 (to amend- lic for which it stands, one nation under God, bipartisan energy bill, the Energy Pol- ment No. 2953), to modify a provision relat- indivisible, with liberty and justice for all. icy Modernization Act. It cleared com- ing to bulk-power system reliability impact mittee with the support of more than statements. f 80 percent of the Senators, Republicans The PRESIDING OFFICER (Mr. APPOINTMENT OF ACTING and Democrats alike, including the top TILLIS). The Senator from Arizona. PRESIDENT PRO TEMPORE energy committee Republican, the Sen- Mr. MCCAIN. Mr. President, I ask ator from Alaska, and the top energy The PRESIDING OFFICER. The unanimous consent to address the Sen- committee Democrat, the Senator clerk will please read a communication ate as in morning business. from Washington. Both recognize the to the Senate from the President pro The PRESIDING OFFICER. Without importance of preparing our country objection, it is so ordered. tempore (Mr. HATCH). for the energy challenges of today and The bill clerk read the following let- CONGRATULATING THE NFL’S NFC CHAMPION the energy opportunities of tomorrow. CAROLINA PANTHERS AND THE ARIZONA CAR- ter: They are also committed bill man- DINALS U.S. SENATE, agers. I ask colleagues to continue Mr. MCCAIN. Last week, Senator PRESIDENT PRO TEMPORE, Washington, DC, February 1, 2016. working with them as they have TILLIS and I agreed to a friendly—or To the Senate: amendments. Talk to the Senators not so friendly—wager on the NFC Under the provisions of rule I, paragraph 3, from Alaska and Washington and get championship game. The terms of that of the Standing Rules of the Senate, I hereby your amendments dealt with. This is friendly wager are that the loser would

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

S405

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VerDate Sep 11 2014 00:13 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.000 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S406 CONGRESSIONAL RECORD — SENATE February 1, 2016 deliver a congratulatory speech on the shoes this time next year. I guarantee We agreed to boost our efforts to de- Senate floor and wish the winner luck it. velop advanced nuclear energy tech- in the Super Bowl. Unfortunately— To Carolina Panthers head coach Ron nologies. This came to us by way of an even tragically—this is what brings me Rivera, the NFL’s probable MVP Cam amendment from a very diverse group. before you today. It is also why I am Newton, and every member of the Caro- Some might not have anticipated the wearing this unsightly blue tie, which I lina Panthers football team, good luck collection of Senators that this ad- am sure is an assault on the senses of on Sunday. To my beloved Cardinals, vanced nuclear energy technology C–SPAN viewers all over the world. thanks for an exciting season. I look measure brought together. It was the It is with all sincerity that I wish the forward to your bringing a Super Bowl two Senators from Idaho, RISCH and Carolina Panthers luck as they play trophy home to the valley next year. CRAPO, and we had Senator BOOKER, the Denver Broncos in Super Bowl 50. Go Cards. both Senator KIRK and Senator DURBIN The 15–1 NFC championship season has Mr. President, I gladly yield the from Illinois, as well as Senator HATCH been nothing short of remarkable. Led floor. and Senator WHITEHOUSE. With this by head coach Ron Rivera and the sen- I suggest the absence of a quorum. amendment, we have all different per- sational quarterback Cam Newton, the The PRESIDING OFFICER. The spectives in terms of political perspec- Panthers have been a dominant force clerk will call the roll. tives as well as geographic. all season long as they certainly were The bill clerk proceeded to call the We also agreed to a proposal from against the Arizona Cardinals. I have roll. Senator DAINES and Senator TESTER no doubt we will see the Panthers’ ex- Ms. MURKOWSKI. Mr. President, I that will help facilitate the use of plosive offense continue to have suc- ask unanimous consent that the order clean, renewable hydropower in their cess in Super Bowl 50. While I could go for the quorum call be rescinded. State of Montana. on about the Panthers’ impressive of- The ACTING PRESIDENT pro tem- Among others, we agreed to an fensive line and coaching staff, I would pore. Without objection, it is so or- amendment from Senator CAPITO and like to take this opportunity to con- dered. Senator MANCHIN to study the feasi- gratulate my Arizona Cardinals on an WELCOMING THE NEW PAGES bility of an ethane storage and dis- exceptional season that included nu- Ms. MURKOWSKI. Mr. President, be- tribution hub in this country. I think merous milestones. The Cardinals’ wide fore I begin my remarks, I want to wel- that is a real possibility as a result of receiver Larry Fitzgerald wrote re- come the new pages to the Senate. We the shale gas revolution. cently that the Cardinals ‘‘broke the said goodbye to a great group of young We moved through 11 amendments. mold of what kind of football people men and young women from around the Eleven is a good number, but, honestly, expect to be played in the desert.’’ Wit- country last week, their last day being I would have hoped that we would have nessing this team achieve a franchise Friday. Here we are on Monday, and we been able to process more amendments record of 13 regular season wins and a have a whole new batch. last week. What we are going to do this No. 2 seed in the NFC, Arizonans could So to you all, through the Chair, wel- week—and I am going to put everybody not agree more. come. Know that you are here at a on notice—is that we are going to re- Perhaps there is no better example of most exciting and interesting time. We double our efforts. I want to move for- the Cardinals’ toughness and never- rely on our pages a great deal, and it is ward and process even more over these say-die attitude than their thrilling always nice to see these young ambas- next couple of days. January 16 overtime win over Green sadors who come to us from around the Our staffs have been extraordinarily Bay. After an improbable Hail Mary country to serve us in the Senate. Wel- busy over this weekend, as have I and touchdown pass from Green Bay quar- come. as has been Senator CANTWELL, my terback Aaron Rodgers to send the Mr. President, I wish to give an up- ranking member. We were going game into overtime, the Cardinals— date as to where we are on the status of through all of the amendments that boosted by two amazing and memo- our broad bipartisan energy bill. Last have been offered to the bill, deter- rable plays by the legendary Larry week we started out a little rough be- mining which ones we can clear, which Fitzgerald—scored the game-winning cause of the blizzard, the snow days. ones we need to bring up for a vote, and touchdown to advance to the NFC But once we began the debate, we which may not be offered at all. We are championship game. heard some very strong statements in moving right along, and that is good. I have always been proud to count support of our Energy Policy Mod- We need to keep moving right along be- myself among the most loyal and spir- ernization Act. cause we know that time on the floor is ited Cardinals fans, and I am confident We heard it from Members on both not unlimited. As important as the en- Arizona will continue to see exciting sides of the aisle, and that was very en- ergy bill is and as important as mod- Super Bowl-caliber performances in the couraging. We heard Members tout pro- ernizing our energy policies are, we are season to come. visions that relate to supply, to inno- not the only show in town here. There Congratulations to Arizona Car- vation, to efficiency, really the whole are Members and there are other com- dinals’ president Michael Bidwell, head gamut. mittees that are either on deck or want coach Bruce Arians, and the members As we promised, we began an open to be on deck. They are waiting for of the 2015 Arizona Cardinals on a ban- amendment process, which has already their turn and are waiting to move to ner season. I also recognize Larry Fitz- drawn close to 200 proposals now. Last advance their bills. gerald, Carson Palmer, Patrick Peter- week we accepted 11 amendments. We If we still have Members who are son, Mike Iupati, Justin Bethel, Calais had three rollcall votes, and we had thinking about filing amendments, I Campbell, and Tyrann Mathieu, known eight voice votes. I think it is impor- strongly encourage that be done today. as the Honey Badger, for being selected tant to recognize that those amend- We have dozens of options to vote on. to represent the Cardinals in the Pro ments were sponsored by 10 different So at this point, unfiled amendments Bowl this year. Senators. They were cosponsored by are really at a disadvantage, just given All season long, these two teams many, many others, and they really all that we are dealing with. Know that stood among the best in the NFL. On add to the Members whose priorities we we are going to process as many any given Sunday, anything can hap- have seen incorporated into the energy amendments as possible, but the win- pen. Unfortunately, for my Cardinals bill through the process that we had in dow for advancing them is closing rap- last Sunday was not their day. committee. So the benefit of really idly. Senator TILLIS, you may have gotten getting back to regular order, where Many of the amendments we are see- the best of me this year, but I have a you have good, robust committee work, ing would address opportunities and good feeling this is not the last time then being able to come to the floor, to challenges from across the energy spec- one of us will stand before the body to go through the amendment process, trum. I really am thankful for the Sen- offer our congratulations. You would and then to gain input from other ators who have come forward with be wise to get a head start and pur- Members is kind of good, old-fashioned very, very constructive suggestions chase a Cardinals’ red and white tie governing. I like the fact that we are and for their work to make this bill now because you will be standing in my back to it. even better.

VerDate Sep 11 2014 00:13 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G01FE6.002 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S407 As we resume consideration of this nologies, such as those that we have As we produce more of our natural legislation today, I also want to ex- proposed in Igiugig. Yakutat is looking resources, Alaskans will benefit signifi- plain how the provisions that are al- at a project south of Kenai and along cantly. We will see new jobs created, ready within the Energy Policy Mod- the Yukon River. new revenues will be generated for our ernization Act will help our country. I Within the bill we also promote the State’s treasury, and local energy want to do that today—to spend a few production of heat and electricity from costs, which is the next area I want to minutes this afternoon—by explaining the tremendous biomass resources focus on, will decline, allowing Alas- how it will benefit my home State of within our forests, which could help kans to keep more of their money for Alaska, how it will help Alaskans the development of technology to aid other purposes and needs. This is an produce more energy and more min- the construction of wood pellet plants issue when I am at home and I am talk- erals, how it will help Alaskans pay across the State, again taking that re- ing to Alaskans about what their No. 1 less for their energy, and how it will source that is there and helping to re- concerns and priorities are. I do not boost Alaska’s economy at a time when duce our energy costs. It will also care what part of the State I am talk- we really need a boost. renew a research program to develop ing to folks. It is all about the high en- The most obvious place to start is Alaska’s immense resources of frozen ergy costs and what we can do to make with supply. Alaska, as all my col- methane hydrates. This is something a difference. What can we do to bring leagues know, is a producer for the rest they sometimes call fire ice. It has sig- down our energy costs? of the country—really, for the rest of nificant promise as a secure, long-term The Energy Policy Modernization the world. That is our legacy. It is also source of American energy, but making Act will not only boost our energy sup- our future. That is because we are sure that we are able to move out on plies, but it is also designed to help blessed with an amazing abundance of that research is going to be important. lower the costs of energy and to help Then there is a subtitle on minerals, resources that most States—and, real- lower the cost of energy for Alaskans. a very important part of our bill. I ly, even most countries—cannot even We are an energy and a mineral pro- spoke on Thursday that we have incor- dream of. You name the resource, and ducer in the State, but due to our vast porated much of the text of my Amer- there is a pretty good chance that we geography, energy is still extremely ican Mineral Security Act, which is de- have it. In fact, there is a pretty good expensive in many parts of the State. signed to focus on our Nation’s deep- It is always an eyepopper for people to chance that we have a lot of it. ening dependence on foreign minerals How will our bill help Alaska produce do a comparison of what is going on and the concern that we do not want to more energy and minerals? For start- with energy costs. Right now in the get in the same place with our min- ers, it boosts hydropower development. lower 48, people are enjoying going to erals that we once saw with oil, where Hydropower right now provides 24 per- the filling station and seeing prices we are reliant on foreign sources to cent of our State’s electricity, which is that are less than $2 a gallon. I was in supply the things that we need. Nome, AK, just a few weeks ago, and good and critically important. There We are obviously known in Alaska they are paying over $5.50 a gallon at are however more than 200 promising for our oil production, but Alaska also the pump. It is not unusual that in sites with untapped hydropower poten- has nearly unparalleled potential for tial. So our commitment to this clean, mineral production. We had a hearing many of our communities around the renewable resource and our efforts to last year before the Energy and Nat- State, we are still looking at $5 a gal- improve the regulatory process for it ural Resources Committee, and we had lon for fuel. This is not only fuel for could benefit communities throughout the deputy commissioner of the Alaska your vehicles or your snow machine or the southeastern part of the State, the Department of Natural Resources, Ed your four-wheeler to move you around south-central part, and the southwest. Fogels, testify. He said: If Alaska were or for your boat. It is also your stove It provides benefit for all. a country, we would be in the top 10 in oil and how you are keeping warm. So it is moving around, keeping you Our bill also streamlines the ap- the world for coal, copper, lead, gold, proval process for LNG exports. The zinc, and silver. He also noted that we warm, and you are paying extraor- Presiding Officer knows full well the have the potential to produce many of dinarily high costs. In many cases, our benefit that this will bring to the coun- the minerals that we import from electricity costs are two to three times try, but it will also ensure that in abroad. One example is our State gov- higher than in most other States. Alaska our efforts to market its ernment has already identified over 70 When we think about what it means to stranded natural gas can proceed in a deposits of rare earth elements just live in a community where effectively timely manner without Federal delay, within the borders of the State. As I 40 to 50 percent of the household budg- which is extremely important for us as mentioned last week on the floor, we et goes to stay warm and to keep the we move forward with our efforts to use rare earth for everything from re- lights on—what does that leave for move Alaska’s natural gas. newable energy technologies and educating your kids, for feeding your It will also help Alaskans harness smartphones to defense applications. kids, and for retirement? It does not more of our geothermal potential. We Right now in this country we are not leave you with much when you are have enormous quantities of geo- producing any of that supply—none of spending half of your income to stay thermal, but we have some challenges, that supply on our own—yet we have warm and to keep your lights on. This as you know, with our extensive geog- the potential to do so in Alaska. is part of the reality in Alaska that raphy. But we are looking to develop a If we pass this bill, our Nation will every day we work to address and renewable resource that could poten- begin to place a much greater priority every day we work to make a dif- tially help power one-quarter of our on resource assessments so that we can ference. States’ communities, particularly in understand what we have. If we have State Senator Lymon Hoffman is some very remote, high-cost energy not done an inventory, if we have not from the Bethel region and has been a States. done an assessment, how do we really voice for rural Alaska. He sent me a Our bill also reauthorizes a program know the extent of our mineral re- letter last year. He wrote that ‘‘the to advance the development of elec- sources? high cost of diesel and home heating tricity from ocean and river currents We will finally make some common- fuels are just crushing’’ in rural Alaska as well as tides and waves. I have men- sense reforms to improve our notori- and that he believes ‘‘the energy situa- tioned before that Alaska has some ously slow Federal permitting system, tion is the single, most important 33,000 miles of coastline. That is a lot which could benefit some of the problem facing the lives and well-being of area to harness the power of the projects that we have that we would of rural Alaskans.’’ I agree with him. tides and waves. There is considerable like to get moving on. We have a That is why we worked so hard within potential to generate electricity from project on Prince of Wales Island called the Energy Policy Modernization Act our extensive river systems as well. Bokan Mountain that has rare earth to make sure that as we are modern- So working to do more with our ma- potential. We also have a graphite de- izing our energy policies, we are work- rine hydrokinetic and our ocean energy posit near Nome, and making sure that ing to do everything we can to lower could really provide a boost to projects we help some of the changes that we the costs of energy for Americans and that are showcasing some new tech- see within this bill will be important. for Alaskans. We reauthorized the

VerDate Sep 11 2014 00:13 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G01FE6.004 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S408 CONGRESSIONAL RECORD — SENATE February 1, 2016 Weatherization Assistance Program, apply, we allow States with energy-fi- in the Senate. There are Members of which provides our State with funding nancing institutions to seek funding the House who started as pages, and to improve the energy efficiency for and to advance a range of energy there are Members of the Senate who low-income families’ homes. We also projects. started here as pages. So we are proud renewed the State Energy Program, Just to give a little context here, if of you and expect good things of you. which allows Alaska to invest in en- the bill becomes law, the State of Alas- Mr. President, it has been over 8 ergy efficiency, renewable energy, ka would be able to apply for a loan years since we passed a comprehensive emergency preparedness, and other pri- guarantee and then use those funds to energy bill. A lot has changed since orities. help rural communities finance small then. As we have heard talked about on the hydropower projects, geothermal wells, I first want to thank Senators MUR- floor, we have an entire title of the MHK technology, marine hydrokinetic KOWSKI and CANTWELL for their leader- bill—Senator PORTMAN and Senator technologies, and the hybrid ship and hard work. I know both of SHAHEEN have been working on this— microgrids that I have been talking them worked very hard to find common devoted to efficiency for everything about. So instead of these top-down, ground. Senator MURKOWSKI is my from voluntary building code improve- government-driven programs, we would chairman of the Interior Department ments to the retrofitting of schools. As see the State DOE programs and other Appropriations subcommittee, and she our vehicles, our appliances, and our elements contained within this Energy is always trying to find a way for us to homes are all becoming more energy Policy Modernization Act leveraging work together to move that appropria- efficient, that in turn works to reduce the innovation of local people— tions bill forward. The same thing is energy consumption as well as energy leveraging the innovation of Alaskans, true of Senator CANTWELL’s very good costs throughout the State. the American people, and the private leadership on the energy committee. This bill also has a provision to pro- sector—to improve our energy land- They both had a very tough job, and mote the development of hybrid scapes. they crafted an energy bill that I be- microgrid systems. I get excited about These are just a few of the ways that lieve moves us forward. this part of the bill because I can see this Energy Policy Modernization Act This legislation isn’t perfect, but it is the direct application in my State. It will help Alaskans produce more en- bipartisan and it is moving us in the allows communities to utilize local re- ergy, save energy, and reduce local en- right direction. I am pleased that my sources and storage technologies. ergy costs. In the process, the extra bill, the Smart Energy and Water Effi- Microgrids are critical within the gain and benefit is that we create new ciency Act, was included in this legis- State of Alaska. We have multiple doz- jobs, generate new revenues, and pro- lation. All too often, treated water is ens of isolated communities that are vide other economic benefits we sorely lost. A lot of it is wasted because of not connected to anybody’s grid. In need right now. leaks and broken pipes. My State and fact, they are hundreds of miles from I have talked about Alaska and the many States have had historic anything that could even be considered impacts on my State as a result of droughts. We need every drop of water a grid. So how do they get their en- modernizing our energy policies, but we can get. We can’t afford leaking ergy? They are basically burning diesel know that as Alaska benefits, other pipes. We have to do better, and we can to meet their electricity needs. So States benefit as well. Many of the pro- do better. This bill supports the Federal pilot what we are seeing come together are visions I have mentioned in my com- projects to develop water and energy energy solutions where you take a lit- ments this afternoon are just as appli- efficiency technology. We can create a tle bit of wind and perhaps a little bit cable in Louisiana, Maine, Arizona, and smart grid of technology to detect of hydromarine, hydrokinetic, coupled Montana as they are in my State. This leaks in pipes even before they happen. with battery and storage, and we are bill will fairly bring economic benefits This is critical to communities all finding some solutions. It is innova- to every State, and as it brings eco- across our Nation. Saving water is sav- tive. In fact, it is so innovative we have nomic benefits, the energy security ing energy. Treating and transporting a hearing scheduled over the Presi- that stems from the economic security water is energy intensity. The more we dents Day recess up in Bethel, AK, so that leads to the national security waste, the more we pay—now and later. Members can see what we are doing makes us all stronger—yet another I also plan to file an amendment I when it comes to energy innovation reason I encourage the Senate to work have been working on with a number of and coupling things together to make with Senator CANTWELL and me over other Senators. This amendment, like them work. these next couple of days to move for- the House Energy bill, authorizes the We are never going to be part of a big ward this broad, bipartisan effort to WaterSense Program at EPA. The energy grid in many parts of our State. modernize our Nation’s energy policies. WaterSense Program is to water effi- We have had some great successes— Mr. President, I know we have Mem- ciency what the ENERGY STAR label such as Kodiak, a huge fishing port, bers who are anxious to speak this is to energy efficiency. Products and which now produces 99.7 percent of its afternoon. Again, I will make the same services that have earned the electricity from renewables. They have request I made earlier: If Members are WaterSense label have to be at least 20 wind, they have hydro, and they have a interested in submitting any amend- percent more efficient without sacri- storage system that has allowed it to ments to the Energy Policy Moderniza- ficing performance. It promotes smart work. But think about it. This is a tion Act, now is the time because we water use and helps consumers decide major fishing port which, during the are going to be moving—and hopefully which products are water efficient. By summer, needs a lot of energy when moving quickly—so we can proceed authorizing this valuable program, we they are processing the fish. During with some expediency and efficiency will make the WaterSense Program the winter months, the local people throughout this week. permanent and help consumers save there do not have energy needs that Mr. President, I yield the floor. water energy and money. are as high as the demand during the The ACTING PRESIDENT pro tem- We face great challenges, and one summer. So how do you even this out? pore. The Senator from New Mexico. thing is very clear: Our energy future How do you make it meet during the WELCOMING THE NEW PAGES depends on investment in a clean en- highs and the lows? This is what Ko- Mr. UDALL. Mr. President, I wish to ergy economy. We have to be bold, we diak has done. They have taken them- echo the comments Senator MUR- have to be innovative, and we have to selves, as a community that was once KOWSKI made in terms of the new pages. encourage investment in the kind of 100 percent dependent on diesel for We welcome all of you. We are excited creativity and enterprise that change their energy needs, to being 99.7 per- about having you here. It is a big the world and move us in the right di- cent on renewables. change to go from the previous pages rection. So today I am proposing a new One of the best provisions in the bill to the new pages. We are excited about initiative that will help us make those to help address energy costs is a modi- how things are moving along. As many investments: clean energy victory fication that we make within DOE’s people will tell you around here, pages bonds. Loan Guarantee Program. Instead of end up doing great things. I have During the First and Second World allowing only major corporations to served in the House, and I have served Wars, our country faced threats we had

VerDate Sep 11 2014 00:13 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G01FE6.010 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S409 never faced before. We rose to the chal- full investment—plus interest that that these efforts are part of some cor- lenge. We gave it everything we had. comes from energy savings to the gov- rupt deal with big oil companies to Everyone contributed. For many, that ernment—and loan repayments for make them rich at the expense of the included investing in victory bonds. solid projects. The investment would taxpayers and the American citizens. They helped pay for the costs of war— make a critical difference in our en- That has been the argument. You have $185 billion—over $2 trillion in today’s ergy future. heard it for the last 30 years. But is money. Folks lined up to buy those I urge my colleagues to support this that the correct way to analyze the bonds. That is the spirit of the Amer- effort. We face a great challenge, and challenges we face? Is that the way to ican people—to pull together. It was we have a great opportunity. Now is establish good, sound public policy true then, and it is true now. the time for action. The American peo- that will produce more American en- Today, we face a very different ple want to pitch in and do what they ergy and bring down the cost? threat, but it also requires us all to can to fight global warming and to help Our Democratic colleagues objected come together to face our challenges ensure that the United States leads the to the Keystone Pipeline. We had a and to fight. National security experts world in the clean energy economy. number of votes over a number of tell us that rising global temperatures Support for this amendment is growing years, and finally it passed, and then are one of our greatest security con- with groups like the American Sustain- the President vetoed that. What would cerns. In 2015, global temperature able Business Council and Green Amer- the Keystone Pipeline do? It would records were shattered—records that ica. Americans are already asking produce another source of oil for the were set just the year before. Climate where they can purchase these bonds. United States of America. Is that good change threatens agriculture, public This Energy bill is a good step, but it or bad for big Texas oil companies? It health, water resources, and weather is a modest step. Our energy and cli- is bad for those companies. It made it patterns. We are already feeling the mate challenges demand much more. harder for them to get a higher price. impacts. In New Mexico, temperatures Again, I thank Chairman MURKOWSKI There is another substantial compet- have been rising 50 percent faster than and Ranking Member CANTWELL. They itor pouring another supply of oil into the global average, not just this year have managed to move a bipartisan bill the United States. or last year but for decades. We have and keep the process on track. I urge This was not a corrupt deal to try to had historic drought. We have had the them to accept my amendment and to benefit some big oil company but a way worst wildfires in our history. further strengthen this bill. to make the supply more plentiful, to The science is clear: The threat is I yield the floor. bring down the cost of energy for growing, and time is running out. We The ACTING PRESIDENT pro tem- American people. That is what we were must act. Governments are working to- pore. The Senator from Alabama. fighting for, and it baffled me to no end gether to reduce emissions, as we saw Mr. SESSIONS. Mr. President, I ap- that the President finally vetoed it at in Paris last month. The United States preciate the leaders who have worked the end, after the American people so is leading, with commitments from on this bill—Senator MURKOWSKI and clearly favored it. over 140 nations to reduce their emis- Senator CANTWELL—and the good work The Federal ban on drilling in the sions. This is providing a major signal they put into it. I have served on the Gulf of Mexico—we had the Deepwater in the marketplace and is driving up Energy Committee and now serve on Horizon disaster in 2010. There is no interest in investing in clean energy. Environment and Public Works. Those doubt about that. This country really Over the next 5 years, 20 nations will are important committees as we wres- focused on it. Great effort was made to double their renewable energy research tle with how to produce energy at find out how it happened and how we to $20 billion. Industry is stepping up lower prices that is healthy for our Na- could prevent it in the future. Eventu- to the plate as well, pledging to invest tion. ally the Obama administration said at least $2 billion in clean energy As we consider this Energy Policy they were reopening production in the startups. This is progress. This is mo- Modernization Act, I want to focus on gulf—I thought it took longer than mentum. Our job now is to keep it a critical point about public policy and necessary. going. Investment—public and pri- what is a primary goal of the United There is now onsite, according to a vate—is the key. States of America. We are in a very government official, a cap, and if the My amendment is very simple. It di- competitive world. Energy is a big part Horizon Disaster were to occur again, rects the Secretaries of Treasury and of how we compete on manufacturing, that cap within matter of days could be Energy to submit a plan to Congress, production, and jobs. The American taken out, and it would successfully to develop clean energy victory bonds— people want us to focus on that. have stopped that blowout as well. We bonds all Americans could invest in. In addition, energy impacts every- didn’t have it in advance. We should These bonds would raise up to $50 bil- body when they fill up their tank and have had it. But that is fixed, and lion. That money could leverage up to when they drive to work. It is impor- other things were done, and the Presi- $150 billion to invest in clean energy tant when it comes to paying the elec- dent said we are going to open up drill- technology and would create over 1 tric bill or the heating bill at home. Is ing in the Gulf of Mexico. It wasn’t so. million new jobs. it expensive or inexpensive? The price They referred to it as a de facto mora- People across the country want to do of energy has a dramatic impact on the torium. They still couldn’t get ap- their part. They want to invest in a quality of life for American people to a proval, and we lost a lot of production clean energy future and to help fight degree that is almost impossible to as- that went to other places around the climate change. But most of them certain. When the price of gasoline is globe. can’t afford clean energy mutual funds cut in half and somebody has a long More production means lower prices. with $1,000 or $5,000 minimums. Many commute every day, they may have More American oil means more Amer- can’t afford $25 or $50. We must invest had $200 a month in gasoline bills and ican jobs and more revenue for the Fed- in jobs and healthier communities. now it is $100. They have $100 extra in eral and State governments that ben- Clean energy victory bonds will provide their pocket. Without taxes, without efit from that and a smaller wealth that opportunity. We can do this with- insurance, and without house pay- transfer from Americans to some for- out any new taxes on individuals or ments to be paid out of that, they can eign country which may be hostile to businesses. Bonds are completely vol- use that to take care of their own per- us and from which we have to buy our untary, and they are an opportunity sonal needs—their family, their vaca- oil. We should look to head in that di- for ordinary Americans who see the tion, going out to eat, or just paying rection. challenge and who want to do some- down that credit card that has been Additionally, the Obama administra- thing about it. run up too high. tion recently placed a moratorium on Here is how it works: Like war bonds, For decades Republicans have called new leases for coal mined on Federal clean energy victory bonds would be for producing more American energy. lands. I believe the administration has U.S. Treasury bonds backed by the full Our Democratic colleagues have at- bypassed Congress and the will of the faith and credit of the U.S. Govern- tacked those proposals that would in- American people by drafting regula- ment. Investors will earn back their crease the supply of energy, claiming tions that seriously constrain the use

VerDate Sep 11 2014 00:13 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G01FE6.011 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S410 CONGRESSIONAL RECORD — SENATE February 1, 2016 of coal as an energy source. We just cidents than we have seen. We need to up to and through 2022, has nothing to have to use coal. It is a magnificent en- have some onshoring, some return of do with the Obama administration. It ergy source. We can do it and are doing manufacturing to America. If we can has to do with a law that Senator Mar- it cleaner year after year. keep our energy prices low, that is a tinez and I passed in the last half of the Closing producing coal mines reduces way our businesses can take advantage last decade. American energy competition and cer- of that and expand their production of Now, why did we do that? Well, it tainly increases the cost of everyday various products, many of which can be would be nice to say that we were pre- living for Americans, and it certainly sold around the world. scient and understood that when the causes economic dislocation where The President’s agenda, which he has oil spilled into the gulf off of Lou- mine after mine is being closed and carried on since the beginning, has had isiana—relative to the whole spill, a United Mine Workers are being laid off. the effect of really helping foreign little oil got into Florida and covered I have always believed in and fought countries by keeping our prices higher up Pensacola Beach and got into for increased energy production for the than they should be and blocking rea- Perdido Bay, Pensacola Bay, American people—not for big oil com- sonable efforts to add more production Choctawhatchee Bay and went as far panies but because greater production in America. Instead of American en- east as Panama City Beach; the sugary brings down price. We know now that ergy being promoted at home and white beaches that so many people is true because we have seen a world- abroad, Iran is able to export oil more visit were just covered with tar balls— wide increase in supplies, which has re- freely, thanks to the President’s flawed as a result, a whole tourist season was sulted in a dramatic decrease in the nuclear deal. Instead of promoting the lost, not just for Pensacola, Destin, price of oil—an amount below what general welfare of the United States, Sandestin, and Panama City Beach but anyone may have expected. This price the President has limited the produc- for the entire gulf coast of Florida collapse affects Americans at the gas tion of domestic oil, further increasing down to Clearwater Beach, Sarasota, pump every day. Gas prices are the costs for consumers. Regulators have Fort Myers, Naples and for the farmost lowest they have been since 2008. The delayed American production many beaches on the west coast of Florida on national average as of last week was times. the gulf and Marco Island. Now, if that $1.84. This is half of what it was a few These are important dynamics, along were not enough, I just want the Sen- months ago. This has been my goal and with nuclear power. I believe this is a ator to understand why we are so op- the goal of my Republican colleagues very valuable part of the American en- posed to drilling off the coast of Flor- and a lot of Members on both sides of ergy production. I have been a strong ida. Clearly, there is the economic rea- the aisle. advocate of nuclear power for years, son. So much of the environment got In addition, we have increased oil and Republicans have too. It is a direct messed up, and it was unhealthy for production throughout the country competitor to Big Oil, to carbon fuel, the critters that get into the estuaries. with new fracking technologies. We and we need more of that. So I think Here is the ringer, and the Senator from Alabama will especially appre- have had battle after battle over that, we need to remember that. but we have never had water supplies Yes, wind and solar are getting more ciate this because he has, at times, that have been impacted adversely by competitive, but it still remains for the been my leader on the Armed Services fracking. It is a highly efficient tech- most part more expensive in most Committee. The Gulf of Mexico off of nology. It also helped collapse the places in the country. I hope it will Florida is the largest testing and train- ing range in the world for the U.S. price of oil. continue to drop in price. Maybe it military, and every admiral, general, We have had good, bipartisan support will. But I can’t imagine we will see and the Secretaries of all of the for efficiency breakthroughs over the dramatic decreases any time soon. If branches will simply tell you that we years. They have caused us to have a we were to shift America immediately cannot have drilling activities where car that uses a little less gas, houses to a total solar and wind power system, we are testing and training some of our that are more efficient, and other en- prices would go through the roof. It most sophisticated weapons. ergy sources that are more efficient. As would hammer Americans far more Why do we have all of those training, a result, we have needed less oil. That than we have ever seen before. tests, and evaluation activities at also helps increase the supply as the I think this bill has many good quali- Eglin Air Force Base, Tyndall Air demand increases. That has been a ties. It helps improve efficiency and in- Force Base, and the Naval Training positive step toward seeing the collapse novation, and maybe we can build on it Center in Panama City? I didn’t even in prices. in a way that will bring America to the include Pensacola and Whiting Field If Big Oil were so powerful, how is it point where we can produce more and all of the Department of Defense. that the price of oil has gone from $140 American supply, keep prices down, When we shut down the U.S. Navy’s a barrel to $30 a barrel? They dictate help revitalize our manufacturing base, testing range of Vieques, off of Puerto the price. They can set the price at and put this country in a position to Rico, where did the fleet of the U.S. whatever they want it to be. Not if the compete far more effectively in the Navy go? They went to the gulf. They supply starts coming in in large num- world marketplace. will send squadrons coming down to bers. The prices begin to decline. It was I thank the Chair and yield the floor. Key West Naval Air Station and stay at $140 a barrel, and now it is at $30, $35 The ACTING PRESIDENT pro tem- there for a week or two because when a barrel. pore. The Senator from Florida. they lift off the runway of Boca Chica, The energy industry supports 9.8 mil- Mr. NELSON. Mr. President, I ask within 2 minutes, they are over a pro- lion U.S. jobs, which represents 8 per- unanimous consent to speak for up to tected area so they can get into their cent of the U.S. economy. Low energy 20 minutes. training and testing activities. costs are critical to advance American The ACTING PRESIDENT pro tem- I will finally say to my friend—and I manufacturing. Without affordable, ef- pore. Without objection, it is so or- am not sure that my colleague has ever ficient, and reliable energy sources, dered. been able to see this through the eyes American companies cannot supply Mr. NELSON. Mr. President, I wish of someone who is trying to protect the their factories and employees with the to address an issue that the Senator defense assets in the State of Flor- kind of production we want to see. from Alabama touched on before he ida—— In a recent investment report, Stand- leaves the floor. I am here to speak Mr. SESSIONS. Mr. President, the ard & Poors wrote that affordable en- about the Florida Everglades, but since Senator—— ergy is critical to give U.S. manufac- the Senator just raised the issue of the Mr. NELSON. Mr. President, I will turers ‘‘a competitive edge over over- Gulf of Mexico, which is certainly an yield to the Senator for a question. seas competitors.’’ We have lower en- interest of his, just as it is for the Act- Mr. SESSIONS. The Senator is a ergy prices than Europe, Japan, and ing President pro tempore, the Senator great friend, and we have a couple of South Korea. That is an advantage. We from Louisiana, I just want to clarify good battles going on right now where want to keep that advantage. something and make sure the Senators we stand shoulder to shoulder, but for We need more American jobs, not understand that this part of the Gulf of the most part the area that was ap- fewer. We need to see fewer offshore in- Mexico, which is off-limits to drilling proved for production was shut down

VerDate Sep 11 2014 00:13 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G01FE6.014 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S411 when the problem with Deepwater Ho- Now, that is why it is so necessary only drills for oil, it also fracks for oil. rizon was fixed rather than expanding that we proceed with the Everglades Why in the world would we want this that into Florida where the Florida restoration projects that will help us to happen? Why would we spend hun- waters, which Senator NELSON has been clean up the pollution in Lake Okee- dreds of millions and billions of dollars an effective advocate for, would not al- chobee, and at the same time when the to restore the Everglades and then sud- lowing drilling there. I do believe we dike structure gets threatened, we will denly turn around and hand it off to a have a situation where we have agreed have a place to send that water instead Texas wildcatter to go out there and and proved that this kind of problem of directly into those two estuaries. drill—a wildcatter that is also a would not occur now. I do believe there That is presently being built on the fracker. is a tremendous advantage for Amer- east—a storage area—and it is to be This Senator has nothing against ica, and we can have an advantage of built on the west over near LaBelle on fracking. Where is our fracking done? low energy for American workers, for the Caloosahatchee River. Well, it is It is done in the hard shale rock of the our jobs, and that way we will not send just another reason why many of us are Dakotas, of Oklahoma, of Texas. They money abroad. fighting so hard to complete these Ev- go down under high pressure and shoot I thank Senator NELSON for his good erglades restoration projects, so that water and chemicals to break up the comments. He is highly informed on impossible decisions that face the shale rock. It is solid rock. What does this issue. It is a pleasure to serve with Corps of Engineers right now—that ei- the State of Florida sit on? It sits on a him. ther they threaten the dam and hold it porous honeycomb of limestone, and Mr. NELSON. Mr. President, I thank back or they release the polluted water that porous rock is filled with fresh- the Senator. He knows how affec- and kill the rivers—are not choices water near the surface. tionate I am toward him as a friend. I that the Corps has to make. It is cer- So people wanted to go in there and appreciate that friendship and that tainly not a good choice for our envi- start doing high-pressure fracking that willingness in a bipartisan way—even ronment and for all the people who live we do successfully to shale rock, which when we had all kinds of thorny issues, in the surrounding area. So Everglades was done by the Dan Hughes Company. such as national missile defense in the restoration must move forward aggres- They were given a permit by the State Armed Services Committee—that the sively and without delay, and that is of Florida. Then the county commis- two of us could work it out. why this Senator is going to be intro- sion of Collier County found out about FLORIDA EVERGLADES ducing legislation tomorrow to expe- it and started raising Cain, and sud- Mr. President, I come to the floor to dite that process. It is going to be denly the pressure became too great talk about the Everglades, and I need called the Everglades for the Next Gen- because of what that fracking would to start by saying that the Army Corps eration Act. It will authorize all of do, with the high-speed chemical going of Engineers began releasing water these Everglades restoration projects into that porous limestone, not only to from Lake Okeechobee into the two that the Army Corps of Engineers has the water supply of Florida but to the rivers on either side of the lake. The deemed ready to begin. It would allow very foundation of Florida. If you ever problem is that we have a dike—not the Corps to begin work on them im- look and envision a piece of coral that like the one that Mother Nature in- mediately instead of having to wait our divers go down to look for in some tended, where the whole surrounding of around for us to pass another water of the national reefs—we have seen Lake Okeechobee, which is the largest bill. Remember, we just passed a water that beautiful coral, and it builds up. lake in Florida, was nothing but a bill. When was the last time we passed That is very similar to how Florida marsh. That is how Mother Nature had a water bill? It was 7 years ago. We just was formed: Over years, over and over, it. But after people moved in—and then can’t wait that long. There is too much those corals and shells and skeletons in the late 1920s, the hurricane that at stake, and this is why we want to and limestone that created that sub- drowned 2,000 people—we came in there get these all bundled up, so the Army structure holds up the State of Florida and diked all the way around it. Well, Corps of Engineers can proceed. and contains a bubble of water, which the dike is only so structurally sound The Everglades, for the first three- is our Floridian aquifer. so that as the water rises in the lake, quarters of the last century, was diked, Some people think a seismic survey there is more water pressure on the drained, and deferred, and now we are is no big deal, but watch out. It is just sides, and if you start getting above 15 trying to bring back as much of that like the proverbial camel getting its feet of depth of the lake, we have to plumbing and reverse it so that it will nose under the tent. Watch out. That worry about the dike collapsing and all flow much more like Mother Nature camel is pretty soon going to be in the the flooding of the surrounding towns had intended it and did for eons and tent. So why conduct a huge, prolonged and people and farmlands. So you get eons. It is a monumental task. We have seismic survey if we don’t have the the picture. to look at what we are doing to protect plans to extract the resources that are So the Army Corps of Engineers has this land that we love that has been found? Why would the Federal Govern- to give some relief. So they release called the ‘‘river of grass.’’ We have to ment approve risky behavior such as water to the east into the St. Lucie do everything we can to protect it. But fracking and a brandnew type of seis- River and to the west into the right now, beware. The National Park mic survey equipment in an area we Caloosahatchee River, and as a result, Service has in front of it and is evalu- have spent decades trying to restore? it relieves the dike pressure problem. ating a proposal from a Texas-based Remember, I said it is the Everglades But since Lake Okeechobee is so pol- company for drilling and fracking ac- National Park, 1.5 million acres. Right luted, until we can get it cleaned up— tivity. This company is looking to con- next to it, to the west, is the Big Cy- and there is an effort—what happens duct—this is what they say: Oh, this is press National Preserve, another when it goes into these pristine estu- just a seismic survey—first on 70,000 700,000 acres. To the north are all of aries to the east into the St. Lucie and acres, but it is just the first part of those protected lands of the water re- to the west into the Caloosahatchee, is seismically mapping the entire Big Cy- charge area, hundreds of thousands of that you get much too much nutrient press National Preserve. This is a na- acres. content into those estuaries. The salin- tional preserve of 700,000 acres, and All of this is why I wrote to the Inte- ity in those estuaries goes down, which where is it located? It is located right rior Secretary asking her agency to is harmful to things like oysters and next to the Everglades National Park, complete a very thorough environ- certain fish, and the nitrogen and phos- which is 1.5 million acres, but it in- mental review of this proposal. It is in- phorous and other pollutants come up. cludes hundreds of thousands of other teresting. I wasn’t the only one who re- And what happens? Algae grows. When acres that are part of this water dis- sponded. The National Park Service algae grows, it sucks up the oxygen charge area where we are cleaning up told me they had received about 8,000 from the water, and it becomes a dead that water as it is coming south. comments during the public comment river. The mullet can’t jump because They will say: Oh, this is just a seis- period. It seems to me that is a pretty there is no mullet, the fish hawk can’t mic survey. But what do we have seis- clear sign that there is a great deal of dive because there is no fish, and it be- mic surveys for? To drill. By the way, concern and controversy out there in comes a dead river. this is a company in Texas that not the public interest and especially those

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My colleagues can’t course, they can’t hold their elected law—those are the words carved above imagine the political backlash when leaders accountable for something they the entryway to the U.S. Supreme this Dan Hughes oil company—not the don’t know about or something hidden Court—if we are going to be true to one that is applying for the seismic from their view. that promise, we have to be able to survey but they were a wildcatter as It is no understatement to say that demonstrate that the same rules and well as a fracker, that Dan Hughes the American people’s confidence in the same laws apply to everybody in company—my colleagues can’t imagine the Federal Government is at if not an this country, whether a person is the the political backlash that occurred alltime low, certainly a new low in re- President of the United States or from people of both parties. I can tell cent memory. Unfortunately, they see whether a person is one of our Nation’s my colleagues there was backlash, es- the President acting unilaterally, humblest citizens. We are all equal be- pecially from the Republican county where he should be working on a col- fore the law—or at least we should be— commission in Collier County, when laborative and cooperative basis with and it is a violation of the public trust they found out there was fracking Congress to pass legislation rather when people act as if the rules that going on out there without their know- than to try to do things by Executive apply to everybody else don’t apply to ing about it and without any of their action. Then we see where elected offi- them. input into whether it should have been cials and members of the administra- So far the Attorney General has de- done. tion have made blatant misrepresenta- clined to appoint a special counsel, but Fortunately, the outcry was so se- tions of the facts only to be proven I think that even in the interim, since vere that the State of Florida finally wrong and then are not even embar- I first made that request and it was de- revoked the permit and they had to rassed by it. clined, we see why it is even more im- pull out. They had—that company— So it is important to have trans- portant today than it was back in Oc- performed an unauthorized acid stimu- parency in government, to have an tober. lation procedure, which is a glorified open government. The American people The Obama administration has dem- term for fracking. So we rose up and need to know what their government is onstrated time and time again pre- we fought that. Again, I say to the Sen- purporting to do on their behalf so cisely why we need the decisionmaking ate, this Senator does not have a prob- they can approve or disapprove as they in this case as far removed from White lem with fracking done environ- see fit. That is the foundation of our House politics as it can possibly be. mentally well, but fracking in all of democracy and our Republic. For example, in October the President Back in October I stood on the floor our oil reserves has been done in the went on television and publicly opined of the Senate and outlined concerns I shale rock. That is what has made it on the results of the ongoing criminal had about the evolving scandal involv- possible to, in a few years, be able to probe. He said, ‘‘I don’t think it posed ing Secretary Clinton’s use of her pri- completely eliminate our dependence a national security problem.’’ That is vate, unsecured email server during her on foreign oil. This Senator has no the President of the United States. service as Secretary of State. I said at problem with that. This Senator is Based on his comments, one might rea- the time that her behavior not only thankful for that, but when we try to sonably conclude that the White House violated the President’s promise to be perform that procedure on a different was somehow privy and in consultation the most transparent administration in kind of substrate—a porous limestone with the FBI about their ongoing history—I remember him making that filled with water—then we are courting criminal investigation. Subsequently, I statement during his first inaugural economical and environmental dis- had a chance to ask Director Comey address—but it also represented a vio- aster. whether in fact that was the case, and lation of the public trust. Now we learn I must say, this didn’t stop some in he said absolutely not. I believe Direc- of very serious national security con- the State Legislature of Florida who tor Comey. are determined to open parts of Florida cerns which I am going to speak about It is not a little matter when the to companies looking to drill. To make in just a moment. President of the United States is say- sure all of this local opposition doesn’t Because we know that the Depart- ing ‘‘I don’t see a problem here’’ when get in their way, State legislators in ment of Justice is headed by the Attor- he actually doesn’t even know the session right now in Tallahassee have ney General—a political appointee of facts, and it might appear that he is proposed a bill that would prohibit a the President of the United States who trying to influence the conduct of that county, a city or any other local gov- serves at the pleasure of the Presi- investigation. That is a real problem. ernment from limiting fracking within dent—and because of the conflict of in- In fact, the President’s comments were that city or county’s borders. Such a terest by asking Attorney General out of line—offering his opinion on decision, under this proposed legisla- Lynch to investigate and perhaps even what the results of an ongoing criminal tion, would be left up to the State prosecute somebody in the Obama ad- investigation might or should be. only. It is not hard to figure out how ministration, I called upon the Depart- that is going to turn out, especially ment of Justice, and the Attorney Gen- Since that time, we found out that since it was the State of Florida that eral in particular, to appoint a special Secretary Clinton had 18 emails be- gave a permit to do the fracking that counsel to investigate the matter, tween herself and the President on her there was such a reaction to 2 years given those obvious conflicts of inter- private email server. I don’t know ago. est. Of course, we read in the paper and whether the President still feels like This is one of the most pristine areas understand from testimony before the this is not a problem, but it is a big on the planet. I urge my colleagues to Senate Judiciary Committee just re- problem. join our efforts to protect this unique cently by Director Comey of the FBI I earlier outlined the publicly re- environment for generations to come. that the FBI is conducting an inves- ported evidence and explained the very Mr. President, I yield the floor. tigation into this matter, as they real likelihood of criminal violation on The ACTING PRESIDENT pro tem- should. For myself, I would say the the part of Secretary Clinton and her pore. The Senator from Texas. FBI, notwithstanding what I have said staff. Since then, my concerns—that TRANSPARENCY IN GOVERNMENT about the Federal Government’s poor the information held and sent by Sec- Mr. CORNYN. Mr. President, the reputation generally—that the FBI is retary Clinton contained some of the Founders of our great land believed in still very widely respected for its in- most sensitive classified information of transparency of government because tegrity, as it must be, but the FBI can- the U.S. Government—have been con- they believed that only an informed not go further and convene a grand firmed. citizenry was in a position to consent jury to consider potential violations of Just 2 weeks ago, several of my col- to what the government was doing on the criminal law. That can only be leagues received a letter from the in- their behalf. The very legitimacy of done by a court at the request of a spector general of the Office of the Di- our government is based on that in- prosecutor with the Justice Depart- rector of National Intelligence, the formed consent. It is also important for ment. agency whose core mission it is to inte- the voters to be able to hold elected If we are going to be true to the grate all the intelligence operations of leaders politically accountable. Of promise of equal justice under the the U.S. Government. That letter was

VerDate Sep 11 2014 00:13 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G01FE6.017 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S413 sent in response to one from the chair- emails outside the government on a about the status of the investigation man of the Select Committee on Intel- government email server. Then there is and if he believes Secretary Clinton ligence and the chairman of the Senate a third type of system known as would be indicted. It would have been Foreign Relations Committee about JWICS. This is the Joint Worldwide In- easy enough for him to say ‘‘No com- the security of Secretary Clinton’s pri- telligence Communication System, ment’’ or ‘‘We are not privy to the in- vate email server. What the inspector which is even more sensitive than the vestigation because it is being con- general said should give us all pause. information contained on the SIPRNet, ducted by a law enforcement agency He said that there were ‘‘several dozen which I mentioned earlier. If somehow, and that is the way these things are e-mails containing classified informa- as appears to be the case, information done,’’ but instead he said, ‘‘Some offi- tion.’’ got from the SIPRNet or JWICS onto a cials have said she is not the target of As we know, there are several dif- NIPRNet system or onto a private the investigation’’ and that an indict- ferent levels of classification for gov- email server system, it would have to ment ‘‘does not seem to be the direc- ernment correspondence, some more be physically transferred because they tion in which it is trending.’’ sensitive than others, but the inspector are not connected. Part of their secu- As with the President’s reckless re- general went on to say that these rity is that they are maintained as marks on television in October, either emails were ‘‘determined by the [intel- independent systems. The concern is the White House has information they ligence community] element to be at that highly classified information from should not have about the status of the Confidential, Secret and the Top SIPRNet or the super-secure JWICS this ongoing criminal investigation by Secret/SAP level.’’ That ‘‘SAP’’ term somehow jumped from those closed sys- the FBI or they are sending a signal to may be a new one to a lot of people, tems to the open system and turned up the FBI and the Department of Justice but it is an acronym that means spe- in at least 1,340 Clinton home emails. that they want this to go away. It is cial access programs. It is the most In an article in today’s New York hard for me to interpret these com- sensitive classified information known Post, the author points to Secretary ments by the President and by his to the U.S. Government, and it is a Clinton’s Chief of Staff Cheryl Mills or Press Secretary as anything other than classification even above ‘‘top secret.’’ Deputy Chiefs Huma Abedin and Jake trying to influence the FBI and the De- Access to special access program in- Sullivan because in one of the emails partment of Justice on the outcome formation is so highly restricted in that has been made public, Clinton the administration prefers. That is part because it exposes information pressured Sullivan to declassify cabled completely inappropriate, it is out- about programs that are incredibly remarks by a foreign leader. rageous, and it has to stop. sensitive to national security, such as ‘‘Just email it,’’ Clinton snapped, to which Today this Senator is back on the how intelligence was gathered in the Sullivan replied: ‘‘Trust me, I share your ex- Senate floor where I started months first place, sources, and methods—some asperation. But until ops converts it to the ago to make the very same point but of which would be jeopardized, if not unclassified email system, there is no phys- with a greater sense of urgency and individuals killed if it was known that ical way for me to email it.’’ with a lot of new information that has they were providing a source of intel- In another recently released email, Clinton come to light. I believe Secretary Clin- instructed Sullivan to convert a classified ton has likely violated multiple crimi- ligence for the U.S. Government. In the document into an unclassified email attach- case of special access programs from an ment by scanning it into an unsecured com- nal statutes. For a Secretary of State intelligence agency, that means expos- puter and sending it to her without any clas- to conduct official business—including ing this information would put intel- sified markings. ‘‘Turn into nonpaper w no transmitting and receiving informa- ligence collection and, as I said, poten- identifying heading and send nonsecure,’’ she tion that is classified as SAP level—on tially human sources at great risk. ordered. a private, unsecured server, when sen- On Friday, more news regarding the One gentleman associated with Judi- sitive national defense information type of information that was on Sec- cial Watch, which has been one of the would likely pass through it, is not retary Clinton’s server was announced. entities that have filed the freedom of just a lapse of judgment, it is a reck- It was widely reported for the first information litigation which has pro- less disregard for the security of the time that the State Department admit- duced the huge volume of emails con- American people, not to mention the ted that it had categorized at least 22 tained on Secretary Clinton’s server, lives of our intelligence professionals emails found on Secretary Clinton’s said, ‘‘Receiving Top Secret SAP intel- who are involved in gaining this impor- server as ‘‘top secret’’—that is the ligence outside secure channels is a tant intelligence. It is important for us agency she was responsible for that mortal sin.’’ to protect ourselves against our adver- said 22 emails were top secret. So, as one can see, these are not triv- saries. I think it is pretty obvious, even ial matters; these are very serious mat- In light of the unprecedented nature based on the public reports—most of ters. of the case and of the multiple con- which were generated from information It is important to remind folks that flicts for the Department of Justice, I produced as a result of a freedom of in- this issue was even made worse because can see no other appropriate course of formation lawsuit in Federal court—I it is likely that some of our adversaries action but for Attorney General Loret- think it is pretty obvious that her had access to and monitored her pri- ta Lynch to appoint a special counsel email server did contain information vate email server. We have heard many to pursue this matter wherever the that jeopardized our national security. of our Nation’s top national security facts may lead. That need is under- Let me digress for a second to talk and intelligence leaders indicate that scored by the apparent inability of the about a new development, a new con- is likely. White House to resist the temptation cern that was raised by this informa- Recently, Secretary Gates, whose to try to influence or, at worst, ob- tion that some of these different classi- long service to our country includes struct the current investigation. fications of information were con- being Defense Secretary under Presi- I hope the Attorney General seri- tained on her private email server. The dent George W. Bush and President ously considers my request to appoint fact is, there are three different gov- Barrack Obama, as well as high-level a special counsel given the conflict of ernment email systems. There is the jobs in the CIA, said, ‘‘I think the odds interest and the extraordinary cir- Secret Internet Protocol Router Net- are pretty high’’ that Russians, Chi- cumstances of this case because in the work—known as the SIPRNet—which nese, and Iranians had compromised end it is the right thing to do for the is used by the Defense Department and Secretary Clinton’s server. American people. If the U.S. Govern- some other government agencies and Here we are now knowing that infor- ment—including Congress and the ad- which is separate and apart from the mation on that server not only in- ministration—is going to regain the Internet. It is also separate and apart cluded classified information but infor- trust and confidence of the American from the usual government system mation classified at the highest level people, they need to know that the called the Nonclassified Internet Pro- known to the Federal Government. chips will fall where they may and that tocol Router Network, NIPRNet. The On Friday, given these reports, Presi- our law enforcement officials, such as SIPRNet is secret and separate, and dent Obama’s Press Secretary, his chief the FBI and the Department of Justice, the NIPRNet can be used to send spokesman, Josh Earnest, was asked will pursue these cases wherever the

VerDate Sep 11 2014 00:13 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G01FE6.019 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S414 CONGRESSIONAL RECORD — SENATE February 1, 2016 facts may lead, that there isn’t a sepa- full benefits of forest biomass for en- gree so she can become a public school rate set of rules for high government ergy conservation and responsible for- teacher, but she has already taken on officials, such as the Secretary of est management are recognized. over $50,000 in student loan debt. State, and you and me. The amendment would also direct Think about that, smart, hard-work- Mr. President, I yield the floor. these Federal agencies to establish ing students who want to build a future I suggest the absence of a quorum. clear and simple policy for the utiliza- for themselves and who want to teach The ACTING PRESIDENT pro tem- tion of biomass as an energy solution. the next generation of kids are weigh- pore. The clerk will call the roll. These include policies that reflect the ing the benefits of more education The senior assistant legislative clerk carbon neutrality of forest bioenergy against the fear of an unmanageable proceeded to call the roll. that recognize biomass as a renewable debt load. Ms. COLLINS. Mr. President, I ask energy source, that encourage private I don’t think Alexis will quit, but I unanimous consent that the order for investment throughout the biomass want my Republican colleagues to ex- the quorum call be rescinded. supply chain, that encourage forest plain to me how America is any better The ACTING PRESIDENT pro tem- management to improve forest health, off if a young woman doesn’t get a pore. Without objection, it is so or- and that recognize State initiatives to master’s degree and become a first-rate dered. use biomass. math teacher. How is this country any Ms. COLLINS. Mr. President, I rise The carbon neutrality of biomass better off if young people get scared by to speak on an amendment that I sub- harvested from sustainably managed debt, quit school, and take a job that mitted last week, amendment No. 3140, forests has been recognized repeatedly requires less education? which is a tripartisan amendment to by numerous studies, agencies, institu- What Alexis and hundreds of thou- the Energy Policy Modernization Act, tions, and rules around the world, and sands of other people like her end up which is the pending legislation. I sub- there has been no dispute about the doing will be affected by decisions we mitted the amendment last week with carbon neutrality of biomass derived make right in this room. If Congress Senators KLOBUCHAR and KING as my from the residuals of forest products does nothing, then Alexis and hundreds lead cosponsors. Our amendment would manufacturing and agriculture. of thousands of other students just get support the key role that the forests in Our tripartisan amendment would squeezed harder. The debts get bigger, this country can play in helping to help ensure that Federal policies for they grow faster, and the decision to meet our country’s energy needs. the use of clean, renewable energy so- give up is just a little closer. The carbon benefits of forest biomass lutions are clear and simple. Seventy percent of students now need are clearly established. Yet current I am in conversations with the two to borrow money in order to make it policy uncertainty could end up jeop- managers of this important bill, the through school. Democrats are here to ardizing—rather than encouraging—in- chairman, Senator MURKOWSKI, and the say: Enough is enough, and that is vestment in working forests, har- ranking member, Senator CANTWELL, what this ‘‘In the Red’’ campaign is all vesting operations, bioenergy, wood about our amendment. I hope that it about. The Democratic plan has two products, and paper manufacturing. will be adopted, and I encourage our basic parts: debt-free college and refi- Biomass energy is sustainable, respon- colleagues to support its adoption. nancing student loans. sible, renewable, and economically sig- As I mentioned, Senators KLOBUCHAR There are a lot of ways to get to nificant as an energy source. Many and KING joined with me last week in debt-free college. We can give students States are already relying on biomass submitting this bill. the opportunity to graduate from com- to meet their renewable energy goals. Mr. President, I ask unanimous con- munity college without student debt There is a great deal of support for re- sent that Senator AYOTTE, Senator by making it completely tuition free. newable biomass, which creates the FRANKEN, Senator DAINES, Senator We can increase Pell grants. We can benefits of establishing jobs, boosting CRAPO, and Senator RISCH be added as hold colleges accountable for keeping economic growth, and helping us to cosponsors to the amendment as well. costs low and providing a high-quality meet our Nation’s energy needs. Fed- The ACTING PRESIDENT pro tem- education that will help students get eral policies across all departments pore. Without objection, it is so or- ahead. and agencies must remove any uncer- dered. We can also cut the outstanding debt. tainties and contradictions through a Ms. COLLINS. Mr. President, I yield Some student loans are charging 6 per- clear policy that forest bioenergy is an the floor. cent, 8 percent, 10 percent, and even essential part of our Nation’s energy Mr. President, I suggest the absence higher interest rates. We could cut future. of a quorum. those interest rates right now. Demo- With these goals in mind, I have of- The ACTING PRESIDENT pro tem- crats are ready to go, but the Repub- fered a very straightforward amend- pore. The clerk will call the roll. licans are blocking us every step of the ment with a group of colleagues who The senior assistant legislative clerk way. Instead of lowering the cost of span the ideological spectrum. They in- proceeded to call the roll. student loans, they support the status clude, as I mentioned, Senators KLO- Ms. WARREN. Mr. President, I ask quo, where the U.S. Government turns BUCHAR and KING, as well as Senators unanimous consent that the order for young people who are trying to get an AYOTTE, FRANKEN, DAINES, CRAPO, and the quorum call be rescinded. education into profit centers to bring RISCH. I am very pleased to have all of The ACTING PRESIDENT pro tem- in more revenue for the Federal Gov- these colleagues cosponsoring my bill. pore. Without objection, it is so or- ernment. Our amendment supports the key dered. In fact, Congress has set interest role that forests in the United States STUDENT LOAN DEBT rates so high on loans that just one can play in addressing the Nation’s en- Ms. WARREN. Mr. President, 2 weeks slice of those loans—those issued from ergy needs. The amendment echoes the ago, Senate Democrats announced our 2007 to 2012—are now on target to make principles outlined in the June 2015 let- commitment to end the crushing bur- $66 billion in profits for the U.S. Gov- ter that we sent, which was signed by den of student loan debt. Our campaign ernment. This is obscene. The Federal 46 Senators. As the Acting President is called ‘‘In the Red’’ because we agree Government should be helping students pro tempore knows, it is very unusual with what President Obama said during get an education, not making a profit for 46 Senators on both sides of the his final State of the Union: ‘‘No hard- off their backs. aisle to come together in support of a working student should be stuck in the The main response from Republicans policy. red.’’ in Congress has been to claim that refi- Specifically, our amendment would My special guest at President nancing wouldn’t save students that require the Secretary of Energy, the Obama’s final State of the Union ad- much money. Really? There are more Secretary of Agriculture, and the Ad- dress highlighted exactly this point. than 40 million people currently deal- ministrator of the EPA to jointly en- Alexis Ploss is a student at UMass ing with student loan debt. When their sure that Federal policy relating to Lowell. She is a first-generation col- interest rates are cut, many will save forest bioenergy is consistent across all lege student working on a degree in hundreds of dollars a year and some departments and agencies and that the math. She wants to get a master’s de- will save thousands of dollars a year.

VerDate Sep 11 2014 01:49 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G01FE6.020 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S415 That is money that can help someone people are very uneasy about it. The The White House’s own study—a out of a hole or money to save for a American people are not happy with study they cite with pride, although downpayment on a home or money to this agreement. The American people, I they omit many of the facts that are pay off those student loans faster—but believe, fully oppose it and would op- set forth in that report—conducted by Republicans say that money is trivial? pose it even more so if they knew more the Peterson Institute for Inter- What comes next? Do Republicans say about it, and they will learn more national Economics claimed that TPP let them eat cake? about it. So I think there has been an will decrease the growth of manufac- Where are all those Republicans who effort not to talk about it, to keep the turing in the United States by 20 per- think Washington takes too much of language low, and to see if it can’t be cent by 2030. In other words, without our money? These artificially high in- brought up some way and passed. I this deal, manufacturing in the United terest rates are a tax we impose on stu- think that would be a mistake. States would grow 20 percent more dents to fund government, a tax that This trade agreement is 5,554 pages than if we signed the TPP. keeps hard-working young people from long and stacks 3 feet high on my desk, Is this good for America? Manufac- buying homes, from starting businesses so I would like to point my colleagues turing jobs are high-paying jobs. Manu- or for from saving for retirement. to examples of what the deal will do. facturing jobs demand resources from The Republicans may not want to tax The American Automobile Policy the community, and all kinds of people billionaires or Fortune 500 corpora- Council recently issued a report which support those manufacturing jobs. The tions, but evidently they don’t mind stated that the TPP would threaten products that Americans manufacture squeezing students who have to borrow 90,000 American automotive jobs be- are sold in the United States, around money to pay for college. cause of its failure to include strong the world, and money is brought home, For 2 years now, Democrats have currency protections. This is just one and it pours into that community to tried to get a bill through Congress to of the problems we have. It has to be buy more products, more machines, lower the interest rate on student dealt with. Currency manipulation is more gasoline, more electricity, and to loans, and for 2 years the Republicans exceedingly dangerous. It has very pay the workers who work in the have blocked this bill. As the Repub- large impacts, and on a $20,000, $30,000, plants. licans have said no, hardworking peo- $40,000 automobile, we are talking You have to have manufacturing in ple who are just trying to build a life about thousands of dollars difference this world. A nation cannot get by have paid and paid and paid. through currency. without it. A nation that has the great- So I am here to ask the Republicans: American industries across the board est economy in the world, a nation What is your idea? What is your plan are beginning to oppose TPP. Many be- that has the greatest military in the for how to deal with existing student lieve that all of the businesses are for world must maintain a manufacturing loan debt? Democrats have put a pro- it. But that is not the case. Many base. posal on the table to make college af- American manufacturers would see According to the Peterson Institute fordable, but I don’t hear anything their future even more problematic for International Economics, this 20 from the Republicans except ‘‘no, no, under the TPP. percent reduction in potential growth no.’’ Well, it is time for change—debt- Ford released a statement opposing would result in around 120,000 fewer free college and lower interest rates on the deal. They argued that the TPP is jobs than would have been created oth- student loans. That is what Senate not adequately open and does not ade- erwise. That is a very large number— Democrats are fighting for, and to- quately open foreign markets to U.S. 120,000 high-paying, good jobs in manu- gether that is what we are going to goods. facturing plants. But that is the Presi- win. We are going to further open our Mr. President, I yield the floor. markets to foreign goods, but we are dent’s study. That is his group that I suggest the absence of a quorum. not going to make the kind of progress they got to give the results he wanted. The ACTING PRESIDENT pro tem- that must be made to help our exports, Trust me—and we are going to show pore. The clerk will call the roll. which is why we are told this agree- this over time—the predictions for The legislative clerk proceeded to ment should pass—because it is going these trade agreements have fallen call the roll. to open up markets for us. Ford says massively short of what the adminis- Mr. SESSIONS. Mr. President, I ask no. tration has promised. unanimous consent that the order for Last week Ford announced they were However, a more critical study by the quorum call be rescinded. leaving the Japanese market—Japan the economists at Tufts University— The PRESIDING OFFICER (Mr. being the key country in this agree- that prestigious university—recently COATS). Without objection, it is so or- ment—because they say that Japan has found that TPP would cost up to 400,000 dered. nontariff barriers that have limited jobs in the United States. We are sup- TRANS-PACIFIC PARTNERSHIP AGREEMENT their ability to sell cars in Japan. posed to sign this deal, and it is sup- Mr. SESSIONS. Mr. President, on For example, in 2015, Ford sold fewer posed to make America better, and it is Wednesday of this week, in the dead of than 5,000 cars in Japan. Ford is an going to cost us jobs. That is what the the night—at least here—the President international manufacturer. They sell other deals have done. I think this one intends to have his trade representa- large numbers of automobiles in Eu- is likely to do the same. I wish it tive sign the Trans-Pacific Partner- rope, in Mexico, in South America, but weren’t so. ship, a massive trade agreement, for they cannot penetrate the Japanese We need better trade deals. We don’t our Pacific trading partners. It is the market. Hyundai, a superb South Ko- need to enter into trade deals that product of fast-track, a procedure that rean manufacturer, also not too long don’t protect the legitimate interest of cleared the Senate. Presumably at ago gave up trying to sell automobiles American workers and American man- some point, it will then be advanced to in Japan. It is not tariffs; it is non- ufacturers. Our trading partners, good the Congress for approval. The ad- tariff factors, constructed by Japan, countries, good people—Japan, South vancement will be the result of the that make this happen. Korea, Philippines, and others—are President filing implementing legisla- Given this evidence, one would hope tough trading partners. They are mer- tion that will move the agreement for- that the United States would be able to cantilists. They are not free traders, ward. negotiate a deal that would support really. They are out to maximize their Even though the President regards American manufacturing and Amer- exports, and the export market they this deal as one of his signature accom- ican workers, but that is not the case lust after the most is the U.S. market. plishments, he is not making the trip. with the TPP. That is where they want to export Instead, he has deputized Trade Rep- This is the World Bank’s evaluation. their products and bring home Amer- resentative Michael Froman to sign The World Bank has concluded that ican dollars. We haven’t done a good the agreement in New Zealand on be- Japan would see an extra economic job of defending our interests. half of the United States. New Zealand growth of 2.7 percent by 2030 while the The United States already has trade is a long way away. United States can expect only four- agreements with major Asian nations. We haven’t had much talk about this tenths of 1 percent of additional eco- We have many of them now. How have event. The reason is that the American nomic growth. they turned out? Shouldn’t we study

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What Volcker once said a moment of cur- and subsidies these countries use to we want to say in the Senate and the rency manipulation can wipe out years take market share away from U.S. House of Representatives is that trade of trade agreements with our trading companies. deals are good. If anybody has a trade partners. What happens to an American busi- deal, be for it. That is not a sound way Currency is a huge thing. That is why ness? U.S. Steel just closed some pro- to proceed. the American Automotive Council is duction and laid off 1,000 workers in South Korea is a good ally of the concerned about it, why Ford and other Birmingham last year. Is that plant United States. It is a good country, but manufacturers care about it, and why going to reopen? We would like to they are tough competitors. Our trade we had a series of votes on the Senate think so, but I doubt it. Once these deficit with South Korea last year from floor to try to do something about cur- American plants that get no support January through November was $26 bil- rency. from their government to compete lion, and by the end of the year, that But the powers that be had the ulti- abroad are closed, they don’t reopen. country alone will be about $28-plus mate victory. We got to vote for a bill Our competitors know that, and they billion. They have not published num- that wouldn’t become law; that would take market share. They get to sell bers yet, but estimates suggest that push back and allow us to resist cur- more in the United States and bring the 2015 trade deficit will be 15 percent rency manipulation. We got to vote on home strong American dollars. higher than the previous year—2014. Is that one, but they made sure it didn’t I think it is time for us to slow down that a good deal for the United States? get on the bill that is going to become on this. We are going to continue to Trade deficits reduced U.S. GDP, as law—the Trans-Pacific Partnership look at how these trade agreements products that Americans consume are Agreement. It was a show vote. The have worked. I don’t think they have made abroad instead of produced here President was not going to execute it, worked very well for the American as part of our gross domestic product. and he threatened to veto it. worker. They haven’t done very well It is not good for economic growth. Our The Wall Street Journal, on Novem- for American manufacturing. I think growth fell way below expectations—0.7 ber 5, wrote: few would dispute that this Nation can percent—in the fourth quarter of this Mexico, Canada and other countries sig- be prosperous without manufacturing. year, and every dollar of trade deficit naled that they were open to the [currency] deal when they realized it [would not] in- One time they said you could do it with subtracts from our GDP. a service economy and high-tech econ- Some think we could be heading into clude binding currency rules that could lead omy. Saturday’s Barron’s did a report a recession. Many people are seriously to trade sanctions through the TPP. on a study that has been done about discussing this. Who knows what will These countries want to be able to our high-tech companies, which we are happen? We are not in a booming econ- manipulate their currency. Obviously, omy; there is absolutely no doubt they agreed to go forward with the so proud of and hear so much talk about it. Wages are down. Job pros- trade deal because they knew there about. What about the job prospects pects are down. We have the lowest were no binding currency rules. In fact, they have for this year? Are they going percentage of Americans in their work- last year the Japanese Finance Min- to add more jobs to high-tech computer ing years actually working since the ister, Taro Aso, said that ‘‘there [will companies in America? No, this anal- 1970s. It is not a healthy environment. not] be any change’’ in Japan’s cur- ysis said that the information tech- In 2010, President Obama promised rency policy because of the provisions nology companies in America would re- that the South Korean trade deal—he included in the TPP. duce employment by 330,000 people this said this when he signed the agree- Some milk toast language got in the year. ment. They have been promising these agreement. The Senators were able to I have to tell you that if we lose kinds of things in advance. It passed, say they voted for a bill that had teeth automobile manufacturing and steel and he signed the agreement. I voted to it, but that was in a separate bill plants, these people are not going to for it. I voted for most of these deals, that would not become law. My cur- work in computer companies. That is but it is time for us to be honest about rency provisions in the bill, the lan- one of the biggest misrepresentations I it, to evaluate how well they are actu- guage with real teeth, was stripped out have ever heard. The facts are becom- ally turning out. When he signed the during the Conference Committee be- ing very clear on that. Microsoft laid deal, he promised it would increase cause the President threatened to veto off over 100,000 people the year before American exports to South Korea by it. It is never going to become law. last. We have had a continual decline $11 billion a year. That was nice. We But the agreement included along- in high-tech job creation. Oh yes, some would like to have seen that. However, side the TPP is meaningless. Japan and plant somewhere is adding jobs, but in the 11 months of last year, the others say it is not going to make any more plants are laying off workers. United States exported only $1.2 billion change in their currency policy. Japan There is an election going on out there. more than we did when the deal was significantly devalued the yen again People are concerned about their fu- signed 6 years ago. The year before recently. China devalued its currency ture. They need to know about the that, it was a $0.8 billion export in- by 6 percent last summer alone, and trade agreement. They need to be ask- crease; it was not even $1 billion. many expect they will devalue it even ing their Representatives and their What about Korean exports to the further. Presidential candidates how they feel United States, what we import from I have to say, it is time for the about it. Which side are you going to Korea? Since 2010, our trade deficit United States of America to under- be on? Let’s hear the reasons why you with South Korea has risen nearly 260 stand something. We are the largest are for or against this agreement. After percent, from $10.1 billion in 2010 to economy in the world. We have the they hear that, I think they will be in more than $26 billion this year. That is greatest military in the world. We need a better position to decide how to cast a very serious matter. I am very con- to demand that people who sell in our their vote. cerned about this loss of jobs. markets—and whose exports to the I thank the Chair and yield the floor. I think the American people need to United States are critical to their eco- The PRESIDING OFFICER. The Sen- know what is happening. The Trans- nomic well-being—don’t get to do this ator from Washington. pacific Partnership Agreement not if they are not playing by the rules. Ms. CANTWELL. Mr. President, I only fails to deal with manufacturing They don’t get to manipulate their cur- come to the floor as we are moving for- jobs in general, but it also fails to in- rencies. They don’t get to subsidize ward, as many of my colleagues know, clude any kind of serious measure that their manufacturing, and we are not on this energy package. I thank my would address currency manipulation. going to allow them to use nontariff colleagues who have already come to During the time President Reagan barriers to prohibit the imports of the floor today to talk about it, and I was President, the economy went American products. especially thank Senator MURKOWSKI

VerDate Sep 11 2014 01:49 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G01FE6.025 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S417 for helping us to move through so there are all sorts of smart ways to do Why is that important? Well, once many different proposals by our col- this—you can actually spend only one- you start down the road of energy effi- leagues. We were able to clear some of third of the cost of what it would take ciency, you continue to make your grid these amendments by voice votes, and, to get new production online. more efficient, which is something hopefully, we will be able to move for- In the last 40 years, since the oil em- California has done. California made a ward over the next 24 hours on this bill bargo, energy efficiency became an in- huge investment as a marketplace for by getting some votes locked in. tegral part of our energy policy. We energy efficiency, and now they con- One of the things we are going to have learned that efficiency is not like tinue to be on the cutting edge of en- talk about this week is energy effi- most other resources that are depleted ergy efficiency. They have continued ciency, which is creating jobs and mak- and consumed. Instead, we found that to grow as an economy yet use less en- ing our economy more competitive by as we keep making progress on energy ergy. In fact, the 19 States with the holding down the cost of energy. Many efficiency, we have created new tech- greatest energy savings in the Nation of us know that for centuries the use of nologies. These have become the most all have energy efficiency resource energy has been a very important fac- cost-effective ways to cut waste and standards. tor in our economy. Last week I men- the most cost-effective ways to take So, to me, this is an area of the bill tioned that the Northwest economy the ‘‘low-hanging fruit’’ available in that I think we would like to improve. was built on a hydrosystem. Cheap hy- front of us and help businesses and States are the laboratories of democ- dropower has worked for us over and homeowners alike. racy, and because 25 of them have dem- over again, as companies that use a lot There are two examples of this that onstrated the benefits of this policy, I of electricity have moved to the North- we, as the Federal Government, had a believe it is time the Federal Govern- west. We have stored everything from hand in: No. 1, automobiles and No. 2, ment should also establish a national apples to terabytes of data because of lighting technology. Now both of these energy efficiency resource standard. the huge efficiencies that we were able were in the previous 2007 Energy bill. My colleague Senator FRANKEN from to pull off with cheap hydropower. Since then, average automobile fuel Minnesota will be offering an amend- As my colleague from Alaska will economy has improved dramatically, ment to do just that on this bill. say, energy costs are high in Alaska from 15 miles per gallon in 1978 to 28 The Federal Government could re- and she wants to make sure we are miles per gallon in 2016, thanks to the quire States to do their part in reduc- making it more affordable and ena- CAFE standards in effect. That was ing the waste of resources and increas- bling distributed generation, as she something we pushed here that made ing our Nation’s energy productivity just mentioned earlier today. Ensuring our automobiles more efficient. by establishing an energy efficiency re- that we have a microgrid to do that is With respect to lighting, the latest source standard that would promote in- a key component to how the state will light-emitting diode, LED, technology vestments in efficiency—everything successfully diversify their economy. is 6 to 7 times more efficient in energy from cost effectiveness in new build- As we debate this bill on the Senate consumption than traditional incan- ings to production capacity. The pro- floor, each of us is thinking about the descent lights and can last at least 25 posed EERS would set a very modest, regions of our country we represent times longer. In 2012 alone, nearly easily achievable energy savings target and how to make sure we are dealing 50,000 LEDs were installed in the that electrical and natural gas utilities with energy successfully. United States, saving an estimated $675 must meet as is already required in One important thing I wanted to dis- million in annual electricity costs. half of these States. cuss is that in 2007, for the first time in What we are saying here is that we The American Council for an Energy- our history, the United States actually want to continue to move forward on Efficient Economy estimates that im- delinked economic growth from energy energy efficiency. It is saving money plementing the Federal EERS would use. Now, our economy is producing for businesses and homeowners. We save $130 billion, or about $1,000 per more in goods and services, yet it is also want to continue the advance- household by 2040. The adoption of this using less in electricity. The chart be- ments of these energy-efficiency tech- EERS amendment would more than hind me demonstrates this. nologies and make sure that we are triple the energy efficiency savings This is a very important point be- making the right investments. So I benefits of the act before us today. A cause it shows that we can still grow want to remind my colleagues that Federal EERS would not only save our economy while consuming and there are going to be several ways in every American money by reducing using less energy. This is important if which we are going to try to build on their energy bill, but it would also you are a homeowner and want to use this progress. Energy efficiency must strengthen our Nation’s economic com- the energy in your home more effi- be a major part of our policies here, petitiveness by improving our energy’s ciently, while still having many apps and I know many States across the productivity and maintaining our lead- and devices that require electricity but country are also making investments ership in the commercialization of make your life easier. It is also impor- in this. these products. tant for businesses. As U.S. businesses So tomorrow I expect us to have a This is something I learned during compete in a global economy, they vote on an amendment to establish a my time in the private sector. Anytime want to produce goods and services and Federal energy efficiency resource you can make something that is of do so in a cost-effective manner. So the standard, or an EERS. value to everybody more efficient, such more you can drive down energy costs Since its establishment, the Depart- as energy, you are on the winning path; without having to drive down consump- ment of Energy has implemented suc- that is, if you become the experts of tion, the better. cessful energy efficiency programs that constantly knowing how to make ev- If we want to continue to compete in develop new technologies and promote erything more efficient, whether you that global economy, we must continue best practices within the major sectors are talking about development in to improve our energy productivity, of our energy economy. Yet many China, in Europe or in other parts of and that is exactly what title I of the States have used their role to also es- Asia, the fact that we are experts on bill does. The Energy Policy Mod- tablish energy efficiency standards. Be- energy efficiency by deploying this ernization Act will help ensure that hind me, you will see the number of here in the United States gives us a the Nation is eliminating energy waste States that have already developed winning hand on deploying it around and making improvements in new tech- these incentives for investments in en- the world. Anytime you can be more ef- nologies that will improve our com- ergy efficiency by giving utilities an ficient, you are also being more cost ef- petitiveness for the 21st century. incentive to invest in low-cost, energy fective and saving dollars. That is what Energy efficiency is the cheapest and efficiency programs before investing in we are pushing in this bill. It will move most affordable energy resource be- more expensive new energy production. us forward on energy efficiency. cause it is typically about one-third of You can see that many of these States As we have seen, energy efficiency— the cost of new production; that is, by across the United States have adopted and I am sure Senator FRANKEN will saving energy at home, by using what such initiatives—25 States with energy talk more about this tomorrow—is not we already have more efficiently—and efficiency resource standards. only commonsense economics, but it

VerDate Sep 11 2014 01:49 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G01FE6.030 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S418 CONGRESSIONAL RECORD — SENATE February 1, 2016 also has the ability to focus on some of tion another one we will likely hear ficient, and a better driver of U.S. com- the cleaner sources of energy that we about, which is the SAFE Act, offered petitiveness on an international global have been discussing too. by our colleagues from Georgia and basis for the types of energy solutions The Federal Government has had a Colorado. The Senators likely will that we think will help the world as history of promoting energy efficiency, offer this bill for sensible accounting well. and the government itself, being the to value energy. This bipartisan With that, Mr. President, I yield the single largest energy user in the Na- amendment was included in the Sha- floor. tion, could benefit from this. We hope heen-Portman bill that would help I suggest the absence of a quorum. that when we look at the Federal Gov- homeowners account for the energy ef- The PRESIDING OFFICER (Mr. ernment, we will also be talking about ficiency of their home during the mort- LANKFORD). The clerk will call the roll. energy efficiency products. One of the gage and underwriting process. The av- The legislative clerk proceeded to examples of how Congress directed the erage homeowner pays more than $2,000 call the roll. Federal Government to lead was by the annually for the energy in their home. Mr. DURBIN. Mr. President, I ask enactment of section 433 of the Energy After the mortgage, this is typically unanimous consent that the order for Independence and Security Act of 2007. the second largest cost in buying and the quorum call be rescinded. This provision established a Federal owning a home, but it is not accounted The PRESIDING OFFICER. Without leadership role in the development of for in the mortgage underwriting proc- objection, it is so ordered. high-efficiency, low-emission commer- ess. Many of us have gone through this Mr. DURBIN. Mr. President, the Sen- cial buildings by requiring the Federal process of buying a home and getting a ate is currently considering a bipar- Government to phase out the use of mortgage. So why can’t a homeowner, tisan energy bill that could lead Amer- fossil fuel energy in Federal buildings on a voluntary basis, have their home ica on a pathway to rebuilding our Na- and major renovations by 2030. audited for its energy efficiency char- tion’s economy in this century. It has The U.S. Government, as the single acteristics and have that information been 9 years since we passed an energy largest occupant of Federal buildings accounted for in the mortgage under- bill and a lot of things have changed. in the Nation, should continue, I be- writing process? This is what Senators The bill we are considering contains lieve, to demonstrate its energy effi- ISAKSON, BENNET, SHAHEEN, and important provisions to build domestic ciency as well. I know in the Pacific PORTMAN have introduced in an amend- clean energy sources, strengthen en- Northwest we have the Bullitt Center, ment, and I think it will be one of the ergy efficiency measures, and mod- which is the greenest commercial things we will hear about tomorrow ernize our electric grid. building in the United States. We have and one of the potential votes we will This bill also represents a commit- a hospital in Issaquah that is one of be having. ment to basic science research at the the most energy efficient hospitals in A recent study from the University Department of Energy. I believe it can the United States, and we have other of North Carolina found that owners of and should do more than what the businesses that are developing these more efficient homes are less likely to original bill proposes. We need more buildings that are smart buildings that default on their mortgages. Adopting robust support for basic science re- are driving down the costs. What does this amendment creates an incentive search—the kind of research that costs that mean? It means that businesses for homeowners to invest in energy ef- too much and takes too long for any can invest money into R&D or into the ficiency improvement because those individual company to undertake. We manufacturing of goods or into the pro- improvements will be accounted for in need to invest in medical and basic motion of ideas instead of spending it the underwriting process for their science research. The investment will on energy costs. homes. Organizations as diverse as the pay off for generations to come. For us in the Pacific Northwest, U.S. Chamber of Commerce, the Na- I cochair the Senate National Lab someone might ask: With the cheapest tional Association of Manufacturers, Caucus, and I know that if we invest in kilowatt rates in the Nation, why the Alliance to Save Energy, and the research in the National Labs, it will would everybody spend so much time U.S. Green Building Council all support lead to breakthroughs that will help on energy efficiency? We spend so this amendment. So this is another keep America competitive and create much time on energy in the Northwest idea that is not in the underlying bill good-paying jobs. because we know it pays dividends. We that we will be discussing. At Fermi National Accelerator Lab know it gives us a competitive edge, Today we are here with many amend- in Illinois, the development of super- and we know it continues to put us in ments that were added last week to conducting wire technology enabled the driver’s seat with technology. Even this legislation. I thank my colleagues the large-scale manufacture of the though we have the cheapest kilowatt on both sides of the aisle for their hard magnetic resonance imaging—or MRI— rates, we continue to make an invest- work and for continuing to move for- machines doctors use today. Some- ment. ward with my colleague, the Senator times it is hard for the scientists and These buildings were designed by ar- from Alaska, Ms. MURKOWSKI, and my- engineers and leaders at these labs to chitects to show what is now techno- self in getting through the next couple explain in simple words what they are logically possible and to feature state- of days of these policies. doing and why it is important. This is of-the-art ground-source heating and I know my colleagues want to con- an example. They were working on a cooling, both photovoltaic and thermal tinue to discuss this legislation, as I wire technology that probably didn’t solar energy collection, and computers do, but we also know there is a limited mean much certainly to me or to many that automatically adjust the building time that we will be able to be on this people, but when they finished, they systems in order to keep them com- legislation. So I urge our colleagues to came up with an MRI—a brandnew way fortable and efficient. Some buildings bring any amendments to the floor to- of imaging our bodies to detect ill- have an elevator that converts kinetic night that they would like to have con- nesses and plot a way to cure them. energy from braking into usable elec- sidered, if they haven’t already filed In the 1970s, the scientists building tricity. All of these things are about them today. Fermilab’s particle accelerator drove cutting-edge technology. The Bullitt We need to continue to build on the cutting-edge research in super- Center and other buildings like it in successes of the last 40 years, continue conducting wire fabrication. Rather the United States demonstrate that it to cut our energy waste, and de-link than patent these advances, Fermilab is technologically feasible and cost ef- our economic growth from energy use made them freely available to the pub- fective to phase out the use of fossil so we can make sure we can continue lic and private sector, opening the door fuel generated energy in new Federal to grow in the most cost-effective way, to large-scale superconducting wire buildings within the next 14 years, as and continue to produce the jobs that manufacturing by private industry. required by current law. these new renewables and energy effi- Since MRI machines rely on super- These are not radical policies. These ciency opportunities are creating for conducting wires, this made commer- laws, which were passed in 2007, are us. I think this legislation will help cialization possible. things that I know people here would give us another foothold toward a fu- Today, MRI machines are widely like to strike and repeal. Let me men- ture economy that is cleaner, more ef- used to image the human body. Using

VerDate Sep 11 2014 01:49 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G01FE6.031 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S419 MRIs nearly eliminates the need for lican from Tennessee; and Senator Every 2 or 3 years, I go down to visit exploratory surgery, which, of course, PATTY MURRAY, a Democrat from the the Centers for Disease Control and means it is cheaper in the long run and State of Washington. They really Prevention. This agency is not well safer. stepped up when it came to NIH re- known or well understood by most Last month, a new generation of MRI search—the National Institutes of Americans. The Centers for Disease machines at the Illinois Neurological Health. In this year’s budget, we are Control and Prevention in Atlanta, GA, Institute saved the life of a 27-year-old going to have virtually a 5-percent real is the first line in America’s national farmer from Canton, IL, Cody Krulac. increase in research—$2 billion of new defense when it comes to public health Cody had a tumor that was located in money going to NIH. I am willing to threats. the part of his brain that would have stake my future in the Senate and tell We now have a mosquito called the been difficult to image using old tech- you that investment at the NIH this Zika mosquito spreading a virus in nology and would have relied on sur- year in research will ultimately lead to Brazil to the point where women are gery and guesswork, but using the new breakthroughs that will save lives. being warned that now is not the time MRI machine, his doctors were able to This is another area which is equally to be pregnant. If one of those mosqui- pinpoint exactly where the tumor was promising. toes should sting you and if some of and exactly how much to remove, I remember visiting the Department the virus gets into your body, it can meaning Cody spent less time in sur- of Energy a few months back with Er- cause a miscarriage or some terrible gery and recovered more quickly. nest Moniz, our Secretary, whom I re- birth defects in the baby. That is how Another example of the Department spect very much. I told him the story dangerous it is. The frontline of de- of Energy’s success can be found in Ar- of how I am committed to NIH’s basic fense in the United States is the Cen- gonne’s Advanced Photon Source. Its biomedical research. I said one exam- ters for Disease Control and Prevention power x-ray beams enable the observa- ple is Alzheimer’s. in Atlanta, GA. tion of extremely small objects in un- I was surprised when my staff said As I walked through there and met precedented detail. This allows sci- one American is diagnosed with Alz- with the pathologists, the doctors, vet- entists to see how viruses, such as HIV, heimer’s every 67 seconds. I said: Go erinarians, and others who work there, replicate and how cancer grows. This back to the drawing board. That can’t I saw this amazing array of extraor- understanding led to the discovery of a be true. dinary talent, people who were excited new drug for AIDS therapy, a drug They went back and came back and about their work, about making our called Kaletra, which is now the most said: No, Senator, that is exactly right. country and the world safer. The Zika prescribed drug in its class for this One in every 67 seconds on average, an virus, of course, is our current threat, deadly disease. It also led to the devel- American is diagnosed with Alz- but there are many more. They faced opment of a drug, Zelboraf, to treat heimer’s. the Ebola crisis in Africa, and luckily melanoma. This drug has been used by I told that story to Ernest Moniz, the it did not spread beyond the few coun- 11,000 patients worldwide and is ap- Secretary of Energy, and I said that is tries where it was first reported. So proved in 43 countries. The research at why we need this NIH research. when we talk about investments in re- this National Lab really paved the He said: Senator, my Office of search by the U.S. Federal Govern- way. Science in the Department of Energy is ment, it is research that is good for us Building and operating a facility like developing the imaging techniques so and our families, and it is good for the the Advanced Photon Source is too ex- that we can detect Alzheimer’s in liv- world. pensive and specialized for any single ing human beings. I will be offering this amendment company to do. Only investment by Currently, the only confirmation of probably this week with Senator ALEX- America in its own Department of En- the diagnosis is confirmed in autopsy. ANDER and others to increase this com- ergy can make something like this pos- If we can look at the early onset of Alz- mitment to research. It is an invest- sible. heimer’s, we can better respond to it. ment that will lead to new break- Let me give one final example of how That is why, if one is interested in cur- throughs in this bill on energy, in sci- the Department of Energy’s Office Of ing diseases, in finding ways to avoid entific discoveries, energy innovation, Science has had an impact on every expensive surgery, in reducing the cost and national security. This amendment American life. Researchers from Illi- of medicine but still protecting Amer- strengthens the bill before us and helps nois University, Fermilab, and Ar- ica, this generation of lawmakers needs us move to our 21st-century economy gonne have teamed up to give a tenfold to make a commitment to science re- in the world. I urge my colleagues to boost to normal CT scanning capabili- search. support it. ties. The result was a next-generation I have already thanked my col- Mr. President, I yield the floor. CT scanner that limits the patient’s leagues by name who have done so I suggest the absence of a quorum. exposure to radiation while giving bet- much for the NIH, and I will be offering The PRESIDING OFFICER. The ter images that allow doctors to more an amendment with Senator ALEX- clerk will call the roll. accurately detect and treat cancer and ANDER of Tennessee that is going to The senior assistant legislative clerk save lives. This research also led to two help increase our commitment to re- proceeded to call the roll. U.S. patents and spurred an Illinois search in the Energy bill which is be- Ms. MURKOWSKI. Mr. President, I startup company called ProtonVDA fore us. The 4-percent growth in the ask unanimous consent that the order through the National Institutes of bill is good, but unfortunately it does for the quorum call be rescinded. Health small business innovation re- not protect against inflation. What we The PRESIDING OFFICER. Without search grant. are calling for is 5-percent growth over objection, it is so ordered. These are only some of the Depart- inflation in this Department. I can Ms. MURKOWSKI. Mr. President, we ment of Energy’s and the National guarantee that the breakthroughs that have had an opportunity to have a few Lab’s success stories, but they are ex- will come from this research will make speakers here this afternoon. Senator amples that show that this investment, life better and create more opportuni- CANTWELL and I have come to the floor which cannot be effectively made by ties for people living in this country. and urged our colleagues to help us as most businesses in America, can really We need to have sustained funding to we work to advance the Energy Policy make America safer, healthier, and ensure that cutting-edge research can Modernization Act. We have, for the in- pave the way for new businesses and bear fruit, and we are asking that they formation of colleagues, an order, in jobs. America’s place as a world leader maintain this growth period of 5-per- terms of several—a couple of votes to- in cutting-edge research is at risk if we cent real growth for 5 years. morrow. fail to make the necessary investments Congress needs to help America’s Mr. President, I ask unanimous con- in basic science research. best and brightest do what they do sent that it be in order to call up the I want to commend my colleagues in best. This amendment represents an in- following amendments: amendment No. the Senate, particularly Senator ROY vestment that will save lives. 3023 by Senator LEE and amendment BLUNT, a Republican from Missouri; I will say parenthetically that this No. 3115 by Senator FRANKEN; that on Senator LAMAR ALEXANDER, a Repub- morning I made a trip to Atlanta, GA. Tuesday, February 2, 2016, at 2:30 p.m.,

VerDate Sep 11 2014 01:49 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G01FE6.026 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S420 CONGRESSIONAL RECORD — SENATE February 1, 2016 the Senate proceed to vote in relation AMENDMENT NO. 3019 (2) APPLICABLE PROGRAM.—The term ‘‘ap- to the above amendments in the order (Purpose: To promote the use of reclaimed plicable program’’ means any program that listed, with no second-degree amend- refrigerants in Federal facilities) is— ments in order prior to the votes and a At the appropriate place, insert the fol- (A) listed in Table 9 (pages 348–350) of the lowing: report of the Government Accountability Of- 60-vote affirmative threshold required fice entitled ‘‘2012 Annual Report: Opportuni- for adoption; further, that the time be- SEC. llll. PROMOTING USE OF RECLAIMED REFRIGERANTS IN FEDERAL FACILI- ties to Reduce Duplication, Overlap and tween 2:15 p.m. and 2:30 p.m. be equally TIES. Fragmentation, Achieve Savings, and En- divided in the usual form and that (a) IN GENERAL.—Not later than 180 days hance Revenue’’; and there be 2 minutes of debate equally di- after the date of enactment of this Act, the (B) administered by— vided prior to each vote. Administrator of General Services shall (i) the Secretary; issue guidance relating to the procurement (ii) the Secretary of Agriculture; The PRESIDING OFFICER. Is there (iii) the Secretary of Defense; objection? of reclaimed refrigerants to service existing equipment of Federal facilities. (iv) the Secretary of Education; Without objection, it is so ordered. (b) PREFERENCE.—The guidance issued (v) the Secretary of Health and Human AMENDMENTS NOS. 2970, 2989, 2991, 3119, 3019, 3066, under subsection (a) shall give preference to Services; 3137, AND 3056, AS MODIFIED, TO AMENDMENT the use of reclaimed refrigerants, on the con- (vi) the Secretary of Housing and Urban NO. 2953 ditions that— Development; Ms. MURKOWSKI. We are now ready (1) the refrigerant has been reclaimed by a (vii) the Secretary of Transportation; person or entity that is certified under the (viii) the Secretary of the Treasury; to process a handful of amendments (ix) the Administrator of the Environ- with a series of voice votes. laboratory certification program of the Air Conditioning, Heating, and Refrigeration In- mental Protection Agency; Mr. President, I ask unanimous con- stitute; and (x) the Director of the National Institute sent that the following amendments be (2) the price of the reclaimed refrigerant of Standards and Technology; or called up and reported by number: does not exceed the price of a newly manu- (xi) the Administrator of the Small Busi- Gardner amendment No. 2970; Reed factured (virgin) refrigerant. ness Administration. (3) SERVICE.— amendment No. 2989; Inhofe amend- AMENDMENT NO. 3066 (A) IN GENERAL.—Subject to subparagraph ment No. 2991; Daines amendment No. (Purpose: To modify a provision relating to (B), the term ‘‘service’’ has the meaning 3119; Murphy amendment No. 3019; the energy workforce pilot grant program) given the term by the Director of the Office Hirono amendment No. 3066; Udall In section 3602(d), strike paragraph (2) and of Management and Budget. amendment No. 3137; and Flake amend- insert the following: (B) REQUIREMENTS.—For purposes of sub- ment No. 3056, as modified. (2) work with the Secretary of Defense and paragraph (A), the term ‘‘service’’ shall be The PRESIDING OFFICER. Is there the Secretary of Veterans Affairs or veteran limited to activities, assistance, or other aid service organizations recognized by the Sec- objection? that provides a direct benefit to a recipient, retary of Veterans Affairs under section 5902 such as— Without objection, it is so ordered. of title 38, United States Code, to transition (i) the provision of technical assistance; The clerk will report the amend- members of the Armed Forces and veterans (ii) assistance for housing or tuition; or ments by number. to careers in the energy sector; (iii) financial support (including grants, The senior assistant legislative clerk AMENDMENT NO. 3137 loans, tax credits, and tax deductions). read as follows: (Purpose: To modify a provision relating to a (b) REPORT.— Secretarial order) (1) IN GENERAL.—Not later than January 1, The Senator from Alaska [Ms. MUR- 2017, the Secretary, in consultation with the KOWSKI], for others, proposes amendments On page 302, strike lines 6 through 9 and in- agency heads described in clauses (ii) numbered 2970, 2989, 2991, 3119, 3019, 3066, 3137, sert the following: through (xi) of subsection (a)(2)(B), shall sub- and 3056, as modified, to amendment No. (2) SECRETARIAL ORDER NOT AFFECTED.— mit to Congress and make available on the 2953. This subtitle shall not apply to any mineral public Internet website of the Department a described in Secretarial Order No. 3324, The amendments are as follows: report that describes the applicable pro- issued by the Secretary of the Interior on grams. AMENDMENT NO. 2970 December 3, 2012, in any area to which the (2) REQUIREMENTS.—In preparing the report (Purpose: To modify a provision relating to order applies. under paragraph (1), the Secretary shall— energy management requirements) AMENDMENT NO. 3056, AS MODIFIED (A) determine the approximate annual In section 1006, strike subsection (a) and (Purpose: To include other Federal depart- total administrative expenses of each appli- insert the following: ments and agencies in an evaluation of po- cable program attributable to green build- (a) ENERGY MANAGEMENT REQUIREMENTS.— tentially duplicative green building pro- ings; Section 543(f)(4) of the National Energy Con- grams) (B) determine the approximate annual ex- servation Policy Act (42 U.S.C. 8253(f)(4)) is Strike section 1020 (relating to an evalua- penditures for services for each applicable amended by striking ‘‘may’’ and inserting tion of potentially duplicative green building program attributable to green buildings; ‘‘shall’’. programs within the Department of Energy) (C) describe the intended market for each applicable program attributable to green AMENDMENT NO. 2989 and insert the following: SEC. 1020. EVALUATION OF POTENTIALLY DUPLI- buildings, including the— (Purpose: To ensure that funds for research CATIVE GREEN BUILDING PRO- (i) estimated the number of clients served and development of electric grid energy GRAMS. by each applicable program; and storage are used efficiently) (a) DEFINITIONS.—In this section: (ii) beneficiaries who received services or Section 2301 is amended by adding at the (1) ADMINISTRATIVE EXPENSES.— information under the applicable program (if end the following: (A) IN GENERAL.—The term ‘‘administra- applicable and if data is readily available); (f) USE OF FUNDS.—To the maximum extent tive expenses’’ has the meaning given the (D) estimate— practicable, in carrying out this section, the term by the Director of the Office of Manage- (i) the number of full-time employees who Secretary shall ensure that the use of funds ment and Budget under section 504(b)(2) of administer activities attributable to green to carry out this section is coordinated the Energy and Water Development and Re- buildings for each applicable program; and among different offices within the Grid Mod- lated Agencies Appropriations Act, 2010 (31 (ii) the number of full-time equivalents ernization Initiative of the Department and U.S.C. 1105 note; Public Law 111–85). (the salary of whom is paid in part or full by other programs conducting energy storage (B) INCLUSIONS.—The term ‘‘administrative the Federal Government through a grant or research. expenses’’ includes, with respect to an agen- contract, a subaward of a grant or contract, cy— a cooperative agreement, or another form of AMENDMENT NO. 2991 (i) costs incurred by— financial award or assistance) who assist in (Purpose: To modify provisions relating to (I) the agency; or administering activities attributable to brownfields grants) (II) any grantee, subgrantee, or other re- green buildings for the applicable program; (The amendment is printed in the cipient of funds from a grant program or (E) briefly describe the type of services RECORD of January 27, 2016, under other program administered by the agency; each applicable program provides attrib- ‘‘Text of Amendments.’’) and utable to green buildings, such as informa- (ii) expenses relating to personnel salaries tion, grants, technical assistance, loans, tax AMENDMENT NO. 3119 and benefits, property management, travel, credits, or tax deductions; (Purpose: To require that the 21st Century program management, promotion, reviews (F) identify the type of recipient who is in- Energy Workforce Advisory Board mem- and audits, case management, and commu- tended to benefit from the services or infor- bership also represent cybersecurity) nication regarding, promotion of, and out- mation provided under the applicable pro- On page 316, line 15, strike ‘‘and’’ and in- reach for programs and program activities gram attributable to green buildings, such as sert ‘‘cybersecurity, and’’. administered by the agency. individual property owners or renters, local

VerDate Sep 11 2014 04:13 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G01FE6.027 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S421 governments, businesses, nonprofit organiza- ate proceed to executive session to con- vote on this bill, I called upon the tions, or State governments; and sider Calendar No. 458. women in the Senate and across Amer- (G) identify whether written program goals The PRESIDING OFFICER. Without ica to put their lipstick on, square are available for each applicable program. objection, it is so ordered. their shoulders, and suit up to fight for (c) RECOMMENDATIONS.—Not later than January 1, 2017, the Secretary, in consulta- The clerk will report the nomination. an American revolution. tion with the agency heads described in The senior assistant legislative clerk We did just that, and the Lilly clauses (ii) through (xi) of subsection read the nomination of Ricardo A. Ledbetter Act became the first bill (a)(2)(B), shall submit to Congress a report Aguilera, of Virginia, to be an Assist- that President Obama signed into law that includes— ant Secretary of the Air Force. in 2009. (1) a recommendation of whether any ap- Thereupon, the Senate proceeded to Passing the Lilly Ledbetter Fair Pay plicable program should be eliminated or Act was a big accomplishment—but our consolidated, including any legislative consider the nomination. Ms. MURKOWSKI. Mr. President, I work is far from done. We need to fin- changes that would be necessary to elimi- ish what we started by passing the nate or consolidate applicable programs; and know of no further debate. (2) methods to improve the applicable pro- The PRESIDING OFFICER. Is there Paycheck Fairness Act. The Lilly grams by establishing program goals or in- any further debate? Ledbetter Act kept the courthouse creasing collaboration to reduce any poten- Hearing none, the question is, Will door open, but the Paycheck Fairness tial overlap or duplication, taking into ac- the Senate advise and consent to the Act will make it more difficult to dis- count— Aguilera nomination? criminate in the first place. (A) the 2011 report of the Government Ac- The nomination was confirmed. Women are tired of being paid countability Office entitled ‘‘Federal Initia- crumbs. Women still only make 79 Ms. MURKOWSKI. Mr. President, I tives for the Nonfederal Sector Could Benefit cents for every dollar a man makes, ask unanimous consent that the mo- from More Interagency Collaboration’’; and and it is even worse for women of (B) the report of the Government Account- tion to reconsider be considered made color—African-American women earn ability Office entitled ‘‘2012 Annual Report: and laid upon the table with no inter- 62 cents on the dollar, and Hispanic Opportunities to Reduce Duplication, Over- vening action or debate; that no fur- women earn 54 cents. By retirement, lap and Fragmentation, Achieve Savings, ther motions be in order to the nomi- the average woman loses $431,000 to the and Enhance Revenue’’. nation; that any statements related to (d) ANALYSES.—Not later than January 1, pay gap. This affects Social Security, the nomination be printed in the 2017, the Secretary, in consultation with the pensions, and retirement security. Ev- RECORD; that the President be imme- agency heads described in clauses (ii) erybody says, ‘‘Oh you’ve come a long through (xi) of subsection (a)(2)(B), shall diately notified of the Senate’s action way,’’ but women have only gained 20 identify— and the Senate then resume legislative (1) which applicable programs were specifi- cents in 50 years. session. We will not take no for an answer. cally authorized by Congress; and The PRESIDING OFFICER. Without (2) which applicable programs are carried We will continue to demand equal pay out solely under the discretionary authority objection, it is so ordered. for all. We are going to change the Fed- of the Secretary or any agency head de- f eral law books, so women get change in scribed in clauses (ii) through (xi) of sub- their family checkbooks. section (a)(2)(B). LEGISLATIVE SESSION f Ms. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. The Sen- ask unanimous consent that the Sen- ate will now resume legislative session. NATIONAL SCHOOL CHOICE WEEK Mr. COTTON. Mr. President, as Na- ate now vote on these amendments en f bloc. tional School Choice Week came to a The PRESIDING OFFICER. Is there MORNING BUSINESS close last week, I want to highlight the objection? Ms. MURKOWSKI. Mr. President, I important role school choice plays in Without objection, it is so ordered. ask unanimous consent that the Sen- our education system in Arkansas and Ms. MURKOWSKI. Mr. President, I ate be in a period of morning business, across the country. know of no further debate on these I am the proud graduate of Arkan- amendments. with Senators permitted to speak therein for up to 10 minutes each. sas’s public schools and the son of a The PRESIDING OFFICER. The Sen- public school teacher and principal. The PRESIDING OFFICER. Without ator from Washington. Throughout my life, I was blessed with objection, it is so ordered. Ms. CANTWELL. Mr. President, if I wonderful parents, teachers, and coach- could just say, I so appreciate our col- f es who taught the skills, knowledge, leagues working in such a bipartisan and values needed for success in the fashion to work through these eight ANNIVERSARY OF THE LILLY LEDBETTER FAIR PAY ACT workforce. Unfortunately, not all chil- amendments and set votes for these dren have the same experience. amendments tomorrow. We are making Ms. MIKULSKI. Mr. President, today Dardanelle High School was the right good progress on this legislation. I I wish to recognize the anniversary of choice for me, but the local public hope our colleagues will give attention the signing of the Lilly Ledbetter Fair school isn’t always the right fit for ev- to these matters so tomorrow we can Pay Act. eryone. Too many children aren’t re- move further on some more votes to Lilly Ledbetter is an inspiring ceiving the attention or education they clear up the remaining issues before us woman and a courageous trailblazer. deserve. This is especially true in areas on this bill. She fought the system in her work- with poor performing schools. But it is I appreciate all our colleagues work- place and the courtroom. She was a not always about the quality of edu- ing together in earnest and the chair of longstanding and loyal employee at the cation; sometimes local schools cannot the committee to make sure we have Goodyear Tire & Rubber Company for make adequate accommodations for a made this progress so far today. Thank 19 years. But then she found out that child’s religious beliefs or personal you. Goodyear thought she was worth less needs. Quite simply, one size fits all The PRESIDING OFFICER. Hearing than her male counterparts. A jury isn’t the key to success for education. no further debate, the question is on found Goodyear owed her almost That is why I believe in school agreeing to the amendments en bloc. $400,000 in backpay, but the Supreme choice. The amendments (Nos. 2970, 2989, Court said that she was too late. When Parents—not politicians and bureau- 2991, 3119, 3019, 3066, 3137, and 3056, as Justice Ginsburg read her dissent from crats—know what is best for their chil- modified) were agreed to en bloc. the bench, she called for Congress to dren. We should empower them and en- f fix it, so we went to work. sure they have access to alternatives EXECUTIVE SESSION It has been over 7 years since we to the traditional public system. This passed this historic legislation. I was includes home schooling, charter so proud to lead the charge in the Sen- schools, and private and religious EXECUTIVE CALENDAR ate to keep the courthouse doors open schools. That way, every child will re- Ms. MURKOWSKI. Mr. President, I to sue for discrimination. This wasn’t ceive the type of education that best ask unanimous consent that the Sen- an easy road. When we lost the first fits their learning style.

VerDate Sep 11 2014 02:43 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.023 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S422 CONGRESSIONAL RECORD — SENATE February 1, 2016 To countless families across Amer- must ensure that only those who are specifi- is needed. There simply needs to be more ica, school choice means accessing the cally trained to use a gun, those who are spent on making it more affordable. Also, best possible education for their chil- able to handle one and not go awry are al- theoretically, if the government needed to dren. By providing school choice, we lowed to carry one. Police officers and mili- raise taxes to make tuition affordable, and tary personnel should be the only ones to be nearly everyone had gone to college and had can promote innovation in our schools, able to carry handguns at all times for their a high paying job, then after a couple years provide more personalized education jobs. Rifles shall be heavily restricted as they could raise taxes without too much ef- for our children, and improve racial well, only distributed to those who undergo fect. The U.S. needs to make college easier and economic disparities in edu- a complicated vetting process, as to ensure for everyone and make it more affordable, cational outcomes. that they will not become the next person to because it costs far too much and could help I am pleased to have celebrated Na- kill innocent bystanders. I just want the citizens live an easier life with more money. tional School Choice Week and the im- American public to be safe. I do not want The U.S. government needs to take more action against racial events because they provements that school choice has any more men, women, and children to be victims of these preventable crimes. I only defy the constitutional values of the United brought to our country. wish the best for us. Thank you. States and these problems only get worse f WILLIAM MARTIN, MOUNT ABRAHAM UNION HIGH when left unsolved. The U.S. abolished slav- (At the request of Mr. REID, the fol- SCHOOL (FINALIST) ery in 1865 under President Lincoln, but lowing statement was ordered to be The United States is being cornered by since then there has always been a separa- tion of people of color because of the false printed in the RECORD.) problems, of all shapes and magnitude, from every direction. These issues need more at- thought of white superiority. We can see this VERMONT ESSAY FINALISTS tention and they will not be solved unless ac- in the way black people were treated in the 20th century, in how they were allowed little ∑ Mr. SANDERS. Mr. President, I ask tion is taken against them. Many of these situations will only get worse the longer we compared to those who were white. This to have printed in the RECORD copies of put them off. There are a variety of problems shows a deep root of racism in this country, some of the finalist essays written by ranging from climate change to healthcare and though we have been making efforts to Vermont High School students as part and we should be looking for a solution for reduce it more and more, it still seems to of the sixth annual ‘‘What is the State all of them. The three issues that the U.S. not be enough. A large racism topic that has of the Union’’ essay contest conducted should put most of its focus on, however, is been in the media for a while is the shooting and other abuse white cops have committed by my office. These finalists were se- the threat from ISIS, the price of higher edu- cation, and the cases of racism, especially on people of color. One example is Michael lected from nearly 800 entries. Brown, a black 18 year old, who was fatally The material follows: those in police shootings. The United States should spend more shot in 2014 by a white officer. After there SARA MANFREDI, MILTON HIGH SCHOOL money to prevent ISIS from growing and was no conviction of Darren Wilson, the (FINALIST) causing more damage, because ISIS is a dan- shooter, many cried out in outrage. The Before I begin this address, I would like to ger to the U.S., as well as other countries commotion that was caused from that kill- take a moment to thank all of you for being around the world and their citizens. Ter- ing, and others, caused massive amounts of here today. But, there are issues our country rorism could also continue for a lot longer if damage in protests to both people and prop- must conquer in order to make our home we do not stop it soon. Terrorism really erty. There needs to be a better way to deal safer, as well as more equal, for both our- came onto the world stage after September with these situations, otherwise the outrage selves, and the generations to come. 11, 2001. In a single day, a small group of peo- will continue. There is also a question raised In recent years, it has come to attention of ple managed to kill thousands. Even before by statistics like that only 13.2% of the U.S. our government that there have been over this, al-Qaeda truly started in the 1990s. This population is black, and yet they make up 400,000 untested rape kits stuck in backlog shows how long these groups have managed 39.4% of the prison population, or that nearly all around the country. One precinct held to continue, despite our efforts, which means 50% of hate crimes are about racism. These over 5,000 in backlog, all untested, most we need to do more. Not only do we need to numbers show how we need to increase the cases left without any trial. How dare we do get rid of the organizations like ISIS that involvement of the government in these this to those hundreds upon thousands of vic- are here now, but we have to provide a stable events—we cannot just ignore the danger be- tims? Who are we to deny them any sense of system to make sure these types of groups hind these statistics. On the other hand, all safety or justice? These facts have done don’t return, or we could risk another dis- U.S. citizens have the same legal rights, no nothing more than allow rapists to get out of aster. ISIS will actually pay foreign fighters matter their gender, race, or religion. This any sort of punishment. This horrid trend $1,000 a month, which is how they get many fact however, may not be fully true, because must be stopped, and can only be stopped if of their recruits. Unfortunately, ISIS has a though on paper it may say there is no dis- this government takes immediate action. wide spread with connections in many crimination, that does not mean that there The issue with this is that many of these places. This is a reason why it is hard to aren’t people who do discriminate based on local jurisdictions do not have the money to eradicate them, but also shows that we need race. The government needs to step in on process these kits, because of the innate lack to invest more into it if we want to get it this issue, and use their power to end it, be- of funding for said kits to be processed. I am done. The U.S. is however, already spending cause it is dangerous to all and defies our willing to offer more funding through federal $40 billion on fighting ISIS annually. This is American morals. grants to these precincts, so these long back- a large sum of money, but of the $1.1 trillion The U.S. will find itself in trouble if solu- logs can finally be tested, and the victims of that the U.S. had for discretionary spending tions are not quickly found to ISIS, the price these crimes can get the justice they de- in 2015, it is only about 3.6 percent. The U.S. of higher education, and acts of racism. If ac- serve. To ensure this money is used to test has a responsibility to help with the fight tion is not taken against ISIS to perma- these rape kits, I will work with Congress to against ISIS, and the government should nently disrupt them, the danger they cause pass a law into action that will give pre- spend more money to disrupt this organiza- for everyone will only increase and get cincts a time constraint in which they must tion because they are a threat to everyone, worse. Similarly, if money is not put to- have these kits tested, most likely within 72 everywhere, and will not go away unless we wards helping offset the cost of higher edu- hours. By having this deadline set into place, make them. cation, we could see more and more people as well as the money to fund said testing, The U.S. should also spend more money on who can’t afford to get a degree that could this national backlog will gradually dwindle education, to make college more accessible get them a job they can live off of, which down. This justice is owed to the survivors of to the average student, because it is impor- would increase the separation of the upper these vicious assaults. tant for getting good jobs and it costs far too and middle class. Lastly, it is very impor- Some victims, however, cannot be given much now. The average cost to go to a pri- tant that the U.S. finds a solution to the the justice they deserve. A recent influx of vate college is $32,405 which deters a lot of acts of racism that cause only harm and an- mass shootings have killed 380 American students who can’t afford that price for four archy. The U.S. will never become the true citizens, and left hundreds of families in years. Since this price is so high, and those country it was meant to be, and the ‘‘Amer- mourning over their lost loved ones. I am who can’t afford it simply can’t go, it leaves ican Dream’’ will be fiction for many, until not going to say that any one of the per- many without the education needed for high- the problems we face today are solved. petrators of the 294 mass shootings in the er paying jobs. This number is far too high. HADLEY MENK, CHAMPLAIN VALLEY UNION HIGH past year killed because they were lonely, This even gives some doubt about getting SCHOOL (FINALIST) lost outsiders. These killers were not in the their degrees, simply from the fear of debt. It All men are created equal. America was right mind, no, but mental health is not to is necessary to get a high paying job to be founded upon this fundamental belief, but blame. What is to blame is American gun able to happily provide for a family, however today the meaning of these words has been laws. These men were able to commit these the cost to get there is damaging, which is lost. heinous crimes because of how accessible why the government has to step in. If the Americans are not equal when some cannot guns are in this country. How do we stop government did decide to make public col- afford healthcare, when a woman’s power this? We restrict and complicate. If we are to lege tuition free, it would cost $62.6 billion. over her body is diminished, or when the pur- ensure the safety of the American public, we This cost may be high, but it’s not even what suit of happiness is lost in the struggle to

VerDate Sep 11 2014 02:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G01FE6.008 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S423 feed a family. Economically, there is more overlooked. Engaging this power does not re- community. At Norway Savings Bank, inequality in America than ever. According quire a political solution. A child can bring customers not only find high-quality to the Pew Research Center, since 1983 ‘‘vir- this forth. The most disenfranchised person service, but also an engaged and warm tually all wealth gains made by U.S. families can make a difference. This power resides in environment. Its dedicated employees have gone to the upper-income group.’’ The the simple personal choice to do good, to top 1% of American families received 22.5% take action, to care, to make one small or have continued the tradition of pro- of all pre-tax income in 2012, with the bot- large movement towards making life a little viding customers with prompt and per- tom 90% receiving less than 50% of total in- better for somebody. sonalized solutions, regardless of the fi- come for the first time ever. Every one of us has strengths that we can nancial challenge. The bank’s great For the plights of everyday Americans to bring to bear for the sake of another indi- customer service and hard work even rightfully regain the attention of the govern- vidual, our community, a specific cause, or has people ‘‘from away’’ taking notice: ment, the deluge of money being pumped the world at large. If each person devoted DepositAccounts.com named them one into the electoral system by big corporations even an hour a week to making the world a of the top 200 healthiest banks in 2014. and wealthy donors must be stopped. New better place, it would have a tremendous im- campaign finance regulations and a reversal pact. Norway Savings Bank’s investment of the Citizens United decision will take the You are never too young or old to make a in its employees is also commendable. government out of the control of the wealthy difference. You are never too poor, too weak, The bank consistently prioritizes the elite and put it back into the hands of the or too busy to make a difference. Every sin- well-being of its staff and is consist- people. gle one of us has strengths that we can har- ently recognized as a top employer in Policies designed to combat income in- ness to make the world better for the people the State of Maine. The bank was equality at its roots are the only way to fix around us. My 10 year-old neighbor drives his named one of the Best Banks to Work our broken system. For example, we need a family’s tractor to plow our driveway after minimum wage that allows families an equal every snowstorm, out of the kindness of his For in America in 2013 by the American chance at happiness. We need political lead- heart. My mom and I run wildlife camps for Bankers Association, and branches of ership that will give low-income women an kids; one of our 9 year-old campers started the company have been awarded Best equal chance at personal liberty, instead of an organization to help older shelter cats Places to Work in Maine by the Soci- seeking to strip funding from organizations find homes. A sophomore at my high school ety for Human Resource Manage- like Planned Parenthood, which for many helped organize a winter sleep-out to end ment’s, SHRM, Maine State Council. women are their only option for reproductive homelessness, attended by over a hundred Finally, bank leadership and employ- healthcare. We need a healthcare system people. These are all young people seeing ees prove that they understand the that ensures that no one has less of a right problems and finding ways to take action to health because of their socioeconomic through compassion, courage, creativity, and true meaning of ‘‘relationship bank- class. We need affordable education and job community service. ing’’ by devoting countless hours of training programs to give young people the I serve as Miss Vermont’s Outstanding their valuable time, as well as their re- tools they need to contribute to our econ- Teen; my platform is wildlife rehabilitation sources, to the betterment of Maine by omy. Tax cuts for the wealthiest have only and stewardship of the natural world, which regularly supporting important com- widened the gap and made life harder for too is a cause to which I have been devoted since munity initiatives and issues. Between many Americans. It’s time to unite, rather I was a small child. I travel across Vermont 2012 and 2014, Norway Savings Bank than divide, our country. encouraging young people to find their own employees volunteered 27,788 hours of In order for the American people to unite, passion and get involved in contributing elected officials must lead the way, by fol- something of value to their communities. their time to different organizations in lowing the will of the people, instead of the The response is always inspiring. the community. dictates of their wealthy donors. For exam- The problems around us are daunting in- The bank’s core business model of ple, in their 2014 National Climate Assess- deed. However, we cannot underestimate the putting community first remains true ment, the White House found that low-in- power for good that resides in each indi- today even as Norway, ME, and the come and minority communities suffer the vidual. It can begin with something as sim- broader financial depository industry most from climate change-induced events, ple as lending each other a hand, and can have changed dramatically. I am proud including heat waves and floods. Still, many build into making our world a better one for to join the people of Norway, ME, and in Congress who benefit from oil companies all.∑ continue to deny climate change exists. Con- communities across western and south- gress must begin a full-scale attack on cli- f ern Maine in thanking Norway Savings mate change including carbon emission (At the request of Mr. REID, the fol- Bank for their commitment to the peo- taxes, incentives for renewable energy com- lowing statement was ordered to be ple of Maine and continued work on be- panies and consumers, and efforts to protect printed in the RECORD.) half of our great State. This milestone valuable natural resources. is a testament to their hard work over ‘‘Life, Liberty, and the pursuit of Happi- 150TH ANNIVERSARY OF NORWAY SAVINGS BANK the past 150 years, and I wish them ness . . . to secure these rights, Governments many more years of success.∑ are instituted among men.’’ It’s time for our ∑ Mr. KING. Mr. President, today I government to reaffirm its commitment to wish to commemorate the 150th anni- f the founding document which formed it 250 versary of Norway Savings Bank, a mu- ADDITIONAL STATEMENTS years ago, one which outlined a government whose purpose was to uphold its people’s fun- tual savings bank based in southern Maine. This community bank has a damental rights. When these rights are in- RECOGNIZING LEFT HAND DITCH fringed upon by inequality, it is the duty of long and proud history of serving the the government to address that inequality in people of Maine, and I am proud to add COMPANY order to preserve our American identity. my voice to those in our grateful State ∑ Mr. GARDNER. Mr. President, today SOPHIA PARKER, VERGENNES UNION HIGH in recognizing this milestone. Norway I honor the Left Hand Ditch Company, SCHOOL (FINALIST) Savings Bank will celebrate its anni- based in Boulder County, CO, on its Nelson Mandela proclaimed: ‘‘It is in your versary by hosting events on February 150th anniversary. Left Hand Ditch hands to make of our world a better one for 5, 2016, at each of their 24 locations Company was founded on February 27, all.’’ across western and southern Maine. 1866, 10 years before Colorado became a It is easy to feel overwhelmed by the com- When Norway Savings Bank was in- State. It provides an essential resource plex and devastating crises we face today as corporated in 1866, Norway was a small for water in the Boulder and Longmont a nation, to believe the solutions are out of our hands. I see two parallel sets of prob- but growing town with a third of the region of the Northern Front Range. lems. On one hand, we have institutionalized population settled today. A century Left Hand has played an important problems which will require institutional so- and a half later, Norway has become a role in the history of water law in Col- lutions, financial resources, and political bustling mill town, as well as a popular orado and the American West. In the will. On the other hand, there is a personal tourist destination. And since it case of Coffin v. Left Hand Ditch Com- malaise, discouragement, and alienation opened its original building on Main pany in 1882, the Colorado Supreme among citizens. The two problems are re- Street in Norway in 1894, Norway Sav- Court upheld Left Hand’s right to con- lated because the alienation and discourage- ings Bank has proven itself to be an ex- tinue its use of the water supply in the ment stem in part from systems that have become corrupt and ineffective, serving the emplary community bank. area. This ‘‘first-in, first-right’’ deci- needs of the few at the expense of the many. As a mutual savings bank, Norway sion became the basis for water law in However, there is also power in our simple Savings Bank is first and foremost ac- the West, known as the Doctrine of personal choices and actions, which is often countable to its depositors and the Prior Appropriation. As one historian

VerDate Sep 11 2014 04:13 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.024 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S424 CONGRESSIONAL RECORD — SENATE February 1, 2016 has said, ‘‘The story of the Left Hand eliminate dual social security coverage MURRAY) was added as a cosponsor of Ditch is the story of water in the and taxation, and to help prevent the S. 356, a bill to improve the provisions west.’’ lost benefit protection that can occur relating to the privacy of electronic Water is a foundational aspect of when workers divide their careers be- communications. Colorado’s history and is a primary tween two countries. S. 366 driver for agriculture, commerce, and The Agreements contain all provi- At the request of Mr. TESTER, the community development in the State. sions mandated by section 233 of the name of the Senator from Oregon (Mr. Left Hand’s contributions have helped Social Security Act and the provisions WYDEN) was added as a cosponsor of S. spur growth in this region and set an that I deem appropriate to carry out 366, a bill to require Senate candidates important precedent for our Nation’s the purposes of section 233, pursuant to to file designations, statements, and water laws. Congratulations to the section 233(c)(4) of the Social Security reports in electronic form. Left Hand Ditch Company on reaching Act. S. 429 this significant milestone.∑ I also transmit for the information of At the request of Ms. BALDWIN, the the Congress a report required by sec- f name of the Senator from New York tion 233(e)(1) of the Social Security Act (Mrs. GILLIBRAND) was added as a co- MESSAGES FROM THE PRESIDENT on the estimated number of individuals sponsor of S. 429, a bill to amend title Messages from the President of the who will be affected by the Agreements XIX of the Social Security Act to pro- United States were communicated to and the estimated cost effect. The De- vide a standard definition of thera- the Senate by Mr. Pate, one of his sec- partment of State and the Social Secu- peutic foster care services in Medicaid. retaries. rity Administration have rec- S. 569 ommended the Agreements to me. At the request of Mr. LEAHY, the f I commend the Agreements and re- name of the Senator from Wisconsin EXECUTIVE MESSAGES REFERRED lated documents. (Ms. BALDWIN) was added as a cospon- As in executive session the Presiding BARACK OBAMA. sor of S. 569, a bill to reauthorize the THE WHITE HOUSE, February 1, 2016. Officer laid before the Senate messages farm to school program, and for other from the President of the United f purposes. States submitting sundry nominations REPORTS OF COMMITTEES S. 649 At the request of Mr. LEE, the name and a withdrawal which were referred The following reports of committees to the appropriate committees. of the Senator from Arkansas (Mr. COT- were submitted: TON) was added as a cosponsor of S. 649, (The messages received today are By Mr. GRASSLEY, from the Committee printed at the end of the Senate a bill to amend the eligibility require- on the Judiciary, with an amendment: ments for funding under title IV of the proceedings.) H.R. 1428. A bill to extend Privacy Act remedies to citizens of certified states, and Higher Education Act of 1965. f for other purposes. S. 1195 PRESIDENTIAL MESSAGE f At the request of Mr. WYDEN, the name of the Senator from Arkansas INTRODUCTION OF BILLS AND (Mr. COTTON) was added as a cosponsor AGREEMENT ON SOCIAL SECURITY JOINT RESOLUTIONS of S. 1195, a bill to amend the Higher BETWEEN THE UNITED STATES The following bills and joint resolu- Education Act of 1965 to update report- AND HUNGARY, CONSISTING OF tions were introduced, read the first ing requirements for institutions of A PRINCIPAL AGREEMENT AND and second times by unanimous con- higher education and provide for more AN ADMINISTRATIVE AGREE- sent, and referred as indicated: accurate and complete data on student MENT—PM 38 By Mr. COTTON: retention, graduation, and earnings S. 2474. A bill to allow for additional mark- outcomes at all levels of postsecondary The PRESIDING OFFICER laid be- ings, including the words ‘‘Israel’’ and enrollment. fore the Senate the following message ‘‘Product in Israel,’’ to be used for country of S. 1333 from the President of the United origin marking requirements for goods made At the request of Mr. GARDNER, the States, together with an accompanying in the geographical areas known as the West report; which was referred to the Com- Bank and Gaza Strip; to the Committee on name of the Senator from Utah (Mr. mittee on Finance: Finance. LEE) was added as a cosponsor of S. By Mr. SULLIVAN (for himself and Mr. 1333, a bill to amend the Controlled To the Congress of the United States: DAINES): Substances Act to exclude cannabidiol Pursuant to section 233(e)(1) of the S. 2475. A bill to establish a Commission on and cannabidiol-rich plants from the Social Security Act, as amended by the Structural Alternatives for the Federal definition of marihuana, and for other Social Security Amendments of 1977 Courts of Appeals; to the Committee on the purposes. Judiciary. (Public Law 95-216, 42 U.S.C. 433(e)(1)), I S. 1479 By Mr. PORTMAN (for himself, Ms. transmit herewith a social security to- CANTWELL, Mrs. SHAHEEN, and Mr. At the request of Mr. MARKEY, the talization agreement with Hungary, ti- MCCONNELL): name of the Senator from Connecticut tled, ‘‘Agreement on Social Security S. 2476. A bill to exclude power supply cir- (Mr. MURPHY) was added as a cosponsor between the Government of the United cuits, drivers, and devices designed to be of S. 1479, a bill to amend the Com- States of America and the Government connected to, and power, light-emitting di- prehensive Environmental Response, of Hungary,’’ and a related agreement odes or organic light-emitting diodes pro- Compensation, and Liability Act of titled, ‘‘Administrative Arrangement viding illumination or ceiling fans using di- 1980 to modify provisions relating to rect current motors from energy conserva- for the Implementation of the Agree- tion standards for external power supplies; grants, and for other purposes. ment on Social Security between the to the Committee on Energy and Natural Re- S. 1890 United States of America and the Gov- sources. At the request of Mr. HATCH, the ernment of Hungary’’ (collectively the By Mr. DAINES (for himself and Mr. name of the Senator from Louisiana ‘‘Agreements’’). The Agreements were SULLIVAN): (Mr. CASSIDY) was added as a cosponsor signed in Budapest, Hungary, on Feb- S. 2477. A bill to amend title 28, United of S. 1890, a bill to amend chapter 90 of ruary 3, 2015. States Code, to provide for the appointment title 18, United States Code, to provide The Agreements are similar in objec- of additional Federal circuit judges, to di- vide the Ninth Judicial Circuit of the United Federal jurisdiction for the theft of tive to the social security agreements States into 2 circuits, and for other purposes; trade secrets, and for other purposes. already in force with most European to the Committee on the Judiciary. S. 2042 Union countries, Australia, Canada, f At the request of Mrs. MURRAY, the Chile, Japan, Norway, the Republic of name of the Senator from New Jersey Korea, and Switzerland. Such bilateral ADDITIONAL COSPONSORS (Mr. MENENDEZ) was added as a cospon- agreements provide for limited coordi- S. 356 sor of S. 2042, a bill to amend the Na- nation between the United States and At the request of Mr. LEE, the name tional Labor Relations Act to strength- foreign social security systems to of the Senator from Washington (Mrs. en protections for employees wishing

VerDate Sep 11 2014 02:43 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G01FE6.012 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S425 to advocate for improved wages, hours, Northwest and Van Ness Street, North- STABENOW) was added as a cosponsor of or other terms or conditions of employ- west and International Drive, North- amendment No. 2971 intended to be pro- ment and to provide for stronger rem- west and International Place, North- posed to S. 2012, an original bill to pro- edies for interference with these rights, west in Washington, District of Colum- vide for the modernization of the en- and for other purposes. bia, as ‘‘Liu Xiaobo Plaza’’, and for ergy policy of the United States, and S. 2116 other purposes. for other purposes. At the request of Mrs. SHAHEEN, the S. 2452 AMENDMENT NO. 2972 name of the Senator from New York At the request of Mr. MORAN, the At the request of Mr. KIRK, the name (Mrs. GILLIBRAND) was added as a co- names of the Senator from Illinois (Mr. of the Senator from Michigan (Ms. sponsor of S. 2116, a bill to improve cer- KIRK) and the Senator from Florida STABENOW) was added as a cosponsor of tain programs of the Small Business (Mr. RUBIO) were added as cosponsors amendment No. 2972 intended to be pro- Administration to better assist small of S. 2452, a bill to prohibit the use of posed to S. 2012, an original bill to pro- business customers in accessing funds to make payments to Iran relat- vide for the modernization of the en- broadband technology, and for other ing to the settlement of claims brought ergy policy of the United States, and purposes. before the Iran-United States Claims for other purposes. Tribunal until Iran has paid certain AMENDMENT NO. 2990 S. 2119 compensatory damages awarded to At the request of Mr. CARDIN, the United States persons by United States At the request of Mr. REED, the name name of the Senator from Minnesota courts. of the Senator from California (Mrs. LOBUCHAR BOXER) was added as a cosponsor of (Ms. K ) was added as a co- S. 2455 amendment No. 2990 intended to be pro- sponsor of S. 2119, a bill to provide for At the request of Mr. LEE, his name greater congressional oversight of was added as a cosponsor of S. 2455, a posed to S. 2012, an original bill to pro- Iran’s nuclear program, and for other bill to expand school choice in the Dis- vide for the modernization of the en- purposes. trict of Columbia. ergy policy of the United States, and for other purposes. S. 2185 S. 2459 At the request of Ms. HEITKAMP, the At the request of Mr. MCCONNELL, AMENDMENT NO. 3005 names of the Senator from Nevada (Mr. the name of the Senator from Kansas At the request of Mr. MARKEY, the REID) and the Senator from Delaware (Mr. MORAN) was added as a cosponsor name of the Senator from New Hamp- (Mr. CARPER) were added as cosponsors of S. 2459, a bill to require the Director shire (Mrs. SHAHEEN) was added as a co- of S. 2185, a bill to require the Sec- of the Bureau of Prisons to be ap- sponsor of amendment No. 3005 in- retary of the Treasury to mint coins in pointed by and with the advice and tended to be proposed to S. 2012, an recognition of the fight against breast consent of the Senate. original bill to provide for the mod- cancer. S. 2462 ernization of the energy policy of the S. 2344 At the request of Mr. BLUMENTHAL, United States, and for other purposes. At the request of Mr. COTTON, the the name of the Senator from Rhode Is- AMENDMENT NO. 3035 name of the Senator from South Caro- land (Mr. REED) was added as a cospon- At the request of Mr. MURPHY, the lina (Mr. GRAHAM) was added as a co- sor of S. 2462, a bill to amend section name of the Senator from Pennsyl- sponsor of S. 2344, a bill to provide au- 117 of the Internal Revenue Code of 1986 vania (Mr. CASEY) was added as a co- thority for access to certain business to exclude Federal student aid from sponsor of amendment No. 3035 in- records collected under the Foreign In- taxable gross income. tended to be proposed to S. 2012, an telligence Surveillance Act of 1978 S. 2466 original bill to provide for the mod- prior to November 29, 2015, to make the At the request of Mr. PETERS, the ernization of the energy policy of the authority for roving surveillance, the name of the Senator from Pennsyl- United States, and for other purposes. authority to treat individual terrorists vania (Mr. CASEY) was added as a co- AMENDMENT NO. 3042 as agents of foreign powers, and title sponsor of S. 2466, a bill to amend the At the request of Mr. ISAKSON, the VII of the Foreign Intelligence Surveil- Safe Water Drinking Act to authorize name of the Senator from Delaware lance Act of 1978 permanent, and to the Administrator of the Environ- (Mr. COONS) was added as a cosponsor modify the certification requirements mental Protection Agency to notify of amendment No. 3042 intended to be for access to telephone toll and trans- the public if a State agency and public proposed to S. 2012, an original bill to actional records by the Federal Bureau water system are not taking action to provide for the modernization of the of Investigation, and for other pur- address a public health risk associated energy policy of the United States, and poses. with drinking water requirements. for other purposes. S. CON. RES. 27 S. 2403 AMENDMENT NO. 3057 At the request of Mr. DAINES, the At the request of Mr. BLUNT, the At the request of Mr. FLAKE, the name of the Senator from Alaska (Mr. name of the Senator from New Hamp- name of the Senator from Idaho (Mr. SULLIVAN) was added as a cosponsor of shire (Mrs. SHAHEEN) was added as a co- RISCH) was added as a cosponsor of S. Con. Res. 27, a concurrent resolution sponsor of S. 2403, a bill to amend title amendment No. 3057 intended to be pro- affirming the importance of religious 10, United States Code, to provide a pe- posed to S. 2012, an original bill to pro- freedom as a fundamental human right riod for the relocation of spouses and vide for the modernization of the en- that is essential to a free society and is dependents of certain members of the ergy policy of the United States, and protected for all Americans by the text Armed Forces undergoing a permanent of the Constitution, and recognizing for other purposes. change of station in order to ease and the 230th anniversary of the enactment AMENDMENT NO. 3061 facilitate the relocation of military of the Virginia Statute for Religious At the request of Mrs. CAPITO, the families, and for other purposes. Freedom. names of the Senator from Missouri S. 2423 S. RES. 347 (Mr. BLUNT) and the Senator from At the request of Ms. AYOTTE, her At the request of Mr. BOOKER, the North Dakota (Mr. HOEVEN) were added name was added as a cosponsor of S. names of the Senator from Washington as cosponsors of amendment No. 3061 2423, a bill making appropriations to (Ms. CANTWELL) and the Senator from intended to be proposed to S. 2012, an address the heroin and opioid drug New York (Mrs. GILLIBRAND) were original bill to provide for the mod- abuse epidemic for the fiscal year end- added as cosponsors of S. Res. 347, a ernization of the energy policy of the ing September 30, 2016, and for other resolution honoring the memory and United States, and for other purposes. purposes. legacy of Anita Ashok Datar and con- AMENDMENT NO. 3069 S. 2451 demning the terrorist attack in At the request of Mr. HEINRICH, the At the request of Mr. RUBIO, his name Bamako, Mali, on November 20, 2015. name of the Senator from New Jersey was added as a cosponsor of S. 2451, a AMENDMENT NO. 2971 (Mr. BOOKER) was added as a cosponsor bill to designate the area between the At the request of Mr. KIRK, the name of amendment No. 3069 intended to be intersections of International Drive, of the Senator from Michigan (Ms. proposed to S. 2012, an original bill to

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Ms. CANTWELL submitted an kota (Mr. HOEVEN) and the Senator vide for the modernization of the en- amendment intended to be proposed to from Nebraska (Mr. SASSE) were added ergy policy of the United States, and amendment SA 2953 proposed by Ms. MUR- as cosponsors of amendment No. 3072 for other purposes. KOWSKI to the bill S. 2012, supra; which was ordered to lie on the table. intended to be proposed to S. 2012, an AMENDMENT NO. 3105 SA 3145. Mr. CARPER (for himself and Mr. original bill to provide for the mod- At the request of Mr. MENENDEZ, the INHOFE) submitted an amendment intended ernization of the energy policy of the name of the Senator from New Hamp- to be proposed to amendment SA 2953 pro- United States, and for other purposes. shire (Mrs. SHAHEEN) was added as a co- posed by Ms. MURKOWSKI to the bill S. 2012, AMENDMENT NO. 3082 sponsor of amendment No. 3105 in- supra; which was ordered to lie on the table. SA 3146. Mr. BARRASSO (for himself and At the request of Mr. BARRASSO, the tended to be proposed to S. 2012, an Mr. SCHATZ) submitted an amendment in- name of the Senator from North Da- original bill to provide for the mod- tended to be proposed to amendment SA 2953 kota (Mr. HOEVEN) was added as a co- ernization of the energy policy of the proposed by Ms. MURKOWSKI to the bill S. sponsor of amendment No. 3082 in- United States, and for other purposes. 2012, supra; which was ordered to lie on the tended to be proposed to S. 2012, an AMENDMENT NO. 3107 table. original bill to provide for the mod- At the request of Ms. BALDWIN, the SA 3147. Mr. RISCH submitted an amend- ernization of the energy policy of the names of the Senator from Connecticut ment intended to be proposed to amendment United States, and for other purposes. SA 2953 proposed by Ms. MURKOWSKI to the (Mr. MURPHY) and the Senator from bill S. 2012, supra; which was ordered to lie AMENDMENT NO. 3083 Massachusetts (Ms. WARREN) were on the table. At the request of Mr. BARRASSO, the added as cosponsors of amendment No. SA 3148. Mr. INHOFE submitted an amend- name of the Senator from North Da- 3107 intended to be proposed to S. 2012, ment intended to be proposed by him to the kota (Mr. HOEVEN) was added as a co- an original bill to provide for the mod- bill S. 2012, supra; which was ordered to lie sponsor of amendment No. 3083 in- ernization of the energy policy of the on the table. tended to be proposed to S. 2012, an United States, and for other purposes. SA 3149. Mr. HATCH submitted an amend- ment intended to be proposed to amendment original bill to provide for the mod- AMENDMENT NO. 3135 SA 2953 proposed by Ms. MURKOWSKI to the ernization of the energy policy of the At the request of Mrs. MCCASKILL, bill S. 2012, supra; which was ordered to lie United States, and for other purposes. the name of the Senator from Lou- on the table. AMENDMENT NO. 3095 isiana (Mr. CASSIDY) was added as a co- SA 3150. Mr. HATCH submitted an amend- At the request of Mr. DURBIN, the sponsor of amendment No. 3135 in- ment intended to be proposed to amendment names of the Senator from Washington tended to be proposed to S. 2012, an SA 2953 proposed by Ms. MURKOWSKI to the bill S. 2012, supra; which was ordered to lie (Ms. CANTWELL) and the Senator from original bill to provide for the mod- on the table. Delaware (Mr. COONS) were added as co- ernization of the energy policy of the SA 3151. Mr. BURR submitted an amend- sponsors of amendment No. 3095 in- United States, and for other purposes. ment intended to be proposed to amendment tended to be proposed to S. 2012, an AMENDMENT NO. 3136 SA 2953 proposed by Ms. MURKOWSKI to the bill S. 2012, supra; which was ordered to lie original bill to provide for the mod- At the request of Mr. MENENDEZ, the ernization of the energy policy of the name of the Senator from New Hamp- on the table. United States, and for other purposes. SA 3152. Mr. BOOZMAN submitted an shire (Ms. AYOTTE) was added as a co- amendment intended to be proposed to AMENDMENT NO 3096 . sponsor of amendment No. 3136 in- amendment SA 2953 proposed by Ms. MUR- At the request of Mr. COONS, the tended to be proposed to S. 2012, an KOWSKI to the bill S. 2012, supra; which was name of the Senator from Illinois (Mr. original bill to provide for the mod- ordered to lie on the table. DURBIN) was added as a cosponsor of ernization of the energy policy of the SA 3153. Mr. VITTER (for himself and Mr. amendment No. 3096 intended to be pro- United States, and for other purposes. CASSIDY) submitted an amendment intended to be proposed to amendment SA 2953 pro- posed to S. 2012, an original bill to pro- AMENDMENT NO. 3138 vide for the modernization of the en- posed by Ms. MURKOWSKI to the bill S. 2012, At the request of Mrs. SHAHEEN, the supra; which was ordered to lie on the table. ergy policy of the United States, and names of the Senator from Hawaii (Ms. SA 3154. Mr. HEINRICH (for himself and for other purposes. HIRONO), the Senator from Maine (Mr. Mr. UDALL) submitted an amendment in- AMENDMENT NO. 3097 KING) and the Senator from California tended to be proposed to amendment SA 2953 proposed by Ms. MURKOWSKI to the bill S. At the request of Mr. COONS, the (Mrs. FEINSTEIN) were added as cospon- name of the Senator from Illinois (Mr. 2012, supra; which was ordered to lie on the sors of amendment No. 3138 intended to table. DURBIN) was added as a cosponsor of be proposed to S. 2012, an original bill SA 3155. Mr. HEINRICH submitted an amendment No. 3097 intended to be pro- to provide for the modernization of the amendment intended to be proposed to posed to S. 2012, an original bill to pro- energy policy of the United States, and amendment SA 2953 proposed by Ms. MUR- vide for the modernization of the en- for other purposes. KOWSKI to the bill S. 2012, supra; which was ergy policy of the United States, and ordered to lie on the table. AMENDMENT NO. 3140 for other purposes. SA 3156. Ms. BALDWIN (for herself and Ms. At the request of Ms. COLLINS, the STABENOW) submitted an amendment in- AMENDMENT NO. 3098 names of the Senator from New Hamp- tended to be proposed to amendment SA 2953 At the request of Mr. COONS, the shire (Ms. AYOTTE), the Senator from proposed by Ms. MURKOWSKI to the bill S. name of the Senator from Illinois (Mr. Montana (Mr. DAINES), the Senator 2012, supra; which was ordered to lie on the URBIN D ) was added as a cosponsor of from Minnesota (Mr. FRANKEN), the table. SA 3157. Mr. INHOFE submitted an amend- amendment No. 3098 intended to be pro- Senator from Idaho (Mr. CRAPO) and ment intended to be proposed to amendment posed to S. 2012, an original bill to pro- ISCH the Senator from Idaho (Mr. R ) SA 2953 proposed by Ms. MURKOWSKI to the vide for the modernization of the en- were added as cosponsors of amend- ergy policy of the United States, and bill S. 2012, supra; which was ordered to lie ment No. 3140 intended to be proposed on the table. for other purposes. to S. 2012, an original bill to provide for SA 3158. Mr. HATCH submitted an amend- AMENDMENT NO. 3099 the modernization of the energy policy ment intended to be proposed to amendment At the request of Mr. COONS, the of the United States, and for other pur- SA 2953 proposed by Ms. MURKOWSKI to the name of the Senator from Illinois (Mr. poses. bill S. 2012, supra; which was ordered to lie DURBIN) was added as a cosponsor of on the table. f amendment No. 3099 intended to be pro- SA 3159. Mrs. CAPITO (for herself, Ms. HEITKAMP, and Mr. CASEY) submitted an posed to S. 2012, an original bill to pro- AMENDMENTS SUBMITTED AND PROPOSED amendment intended to be proposed to vide for the modernization of the en- amendment SA 2953 proposed by Ms. MUR- ergy policy of the United States, and SA 3143. Mr. CARPER (for himself and Mr. KOWSKI to the bill S. 2012, supra; which was for other purposes. INHOFE) submitted an amendment intended ordered to lie on the table.

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SA 3160. Mr. BOOKER (for himself, Ms. MI- tended to be proposed to amendment SA 2953 and Conservation Act (42 U.S.C. 6241) is KULSKI, Mr. MENENDEZ, and Mr. SANDERS) proposed by Ms. MURKOWSKI to the bill S. amended by adding at the end the following: submitted an amendment intended to be pro- 2012, supra; which was ordered to lie on the ‘‘(k) DRAWDOWN AND SALE OF REFINED PE- posed to amendment SA 2953 proposed by Ms. table. TROLEUM PRODUCTS.— MURKOWSKI to the bill S. 2012, supra; which SA 3177. Ms. MURKOWSKI submitted an ‘‘(1) IN GENERAL.—The Secretary may draw was ordered to lie on the table. amendment intended to be proposed to down and sell refined petroleum products in SA 3161. Mr. BOOKER submitted an amend- amendment SA 2953 proposed by Ms. MUR- accordance with this subsection if the Presi- ment intended to be proposed to amendment KOWSKI to the bill S. 2012, supra; which was dent finds that— SA 2953 proposed by Ms. MURKOWSKI to the ordered to lie on the table. ‘‘(A) a circumstance exists that con- bill S. 2012, supra; which was ordered to lie SA 3178. Mr. MERKLEY submitted an stitutes, or is likely to become, a regional on the table. amendment intended to be proposed to severe energy supply interruption of signifi- SA 3162. Mr. UDALL (for himself, Mr. amendment SA 2953 proposed by Ms. MUR- cant scope or duration; and PORTMAN, Mrs. BOXER, Mr. ALEXANDER, Mr. KOWSKI to the bill S. 2012, supra; which was ‘‘(B) action taken under this subsection WYDEN, and Mr. BROWN) submitted an ordered to lie on the table. would assist directly and significantly in amendment intended to be proposed to SA 3179. Ms. KLOBUCHAR (for herself, Mr. preventing or reducing the adverse impact of amendment SA 2953 proposed by Ms. MUR- HOEVEN, and Mr. WARNER) submitted an the shortage. KOWSKI to the bill S. 2012, supra; which was amendment intended to be proposed to ‘‘(2) REFINED PETROLEUM PRODUCTS.—Re- ordered to lie on the table. amendment SA 2953 proposed by Ms. MUR- fined petroleum products covered by this SA 3163. Mrs. FISCHER (for herself, Mr. KOWSKI to the bill S. 2012, supra; which was subsection include all petroleum products BOOKER, Mr. DAINES, and Mr. PETERS) sub- ordered to lie on the table. other than crude oil held by the Secretary as mitted an amendment intended to be pro- SA 3180. Ms. KLOBUCHAR (for herself and part of— posed by her to the bill S. 2012, supra; which Mr. GRAHAM) submitted an amendment in- ‘‘(A) the Strategic Petroleum Reserve es- was ordered to lie on the table. tended to be proposed to amendment SA 2953 tablished by section 154; or SA 3164. Mr. FLAKE submitted an amend- proposed by Ms. MURKOWSKI to the bill S. ‘‘(B) the Northeast Home Heating Oil Re- ment intended to be proposed by him to the 2012, supra; which was ordered to lie on the serve established under section 181. bill S. 2012, supra; which was ordered to lie table. ‘‘(3) SALES.—Sales of refined petroleum on the table. SA 3165. Mr. MARKEY submitted an SA 3181. Ms. HEITKAMP (for herself and products under this subsection— amendment intended to be proposed to Mrs. CAPITO) submitted an amendment in- ‘‘(A) shall be made at public sale to the highest qualified bidder; but amendment SA 2953 proposed by Ms. MUR- tended to be proposed to amendment SA 2953 ‘‘(B) do not need not comply with the re- KOWSKI to the bill S. 2012, supra; which was proposed by Ms. MURKOWSKI to the bill S. ordered to lie on the table. 2012, supra; which was ordered to lie on the quirements of subsection (e)(1) or section SA 3166. Mrs. SHAHEEN (for herself and table. 183.’’. Mr. MARKEY) submitted an amendment in- SA 3182. Mr. ROUNDS submitted an tended to be proposed by her to the bill S. amendment intended to be proposed to SA 3145. Mr. CARPER (for himself 2012, supra; which was ordered to lie on the amendment SA 2953 proposed by Ms. MUR- and Mr. INHOFE) submitted an amend- table. KOWSKI to the bill S. 2012, supra; which was ment intended to be proposed to SA 3167. Mr. BOOKER submitted an amend- ordered to lie on the table. amendment SA 2953 proposed by Ms. ment intended to be proposed to amendment SA 3183. Ms. HIRONO submitted an amend- MURKOWSKI to the bill S. 2012, to pro- SA 2953 proposed by Ms. MURKOWSKI to the ment intended to be proposed to amendment vide for the modernization of the en- SA 2953 proposed by Ms. MURKOWSKI to the bill S. 2012, supra; which was ordered to lie ergy policy of the United States, and on the table. bill S. 2012, supra; which was ordered to lie SA 3168. Mr. PORTMAN (for himself, Ms. on the table. for other purposes; which was ordered CANTWELL, Mrs. SHAHEEN, Mr. MCCONNELL, to lie on the table; as follows: f and Mr. DONNELLY) submitted an amendment At the end of title III, add the following: intended to be proposed by him to the bill S. TEXT OF AMENDMENTS Subtitle I—Thermal Energy 2012, supra; which was ordered to lie on the SA 3143. Mr. CARPER (for himself SEC. 3801. MODIFYING THE DEFINITION OF RE- table. NEWABLE ENERGY TO INCLUDE NHOFE SA 3169. Mr. SULLIVAN submitted an and Mr. I ) submitted an amend- THERMAL ENERGY. amendment intended to be proposed to ment intended to be proposed to (a) IN GENERAL.—Section 203 of the Energy amendment SA 2953 proposed by Ms. MUR- amendment SA 2953 proposed by Ms. Policy Act of 2005 (42 U.S.C. 15852) (as amend- KOWSKI to the bill S. 2012, supra; which was MURKOWSKI to the bill S. 2012, to pro- ed by section 3001(b)) is amended— ordered to lie on the table. vide for the modernization of the en- (1) in subsection (a), by inserting ‘‘a num- SA 3170. Mr. SULLIVAN (for himself, Mrs. ergy policy of the United States, and ber equivalent to’’ before ‘‘the total amount CAPITO, and Mr. CASEY) submitted an amend- of electric energy’’; ment intended to be proposed by him to the for other purposes; which was ordered to lie on the table; as follows: (2) in subsection (b)— bill S. 2012, supra; which was ordered to lie (A) by redesignating paragraph (2) as para- on the table. At the end of part III of subtitle D of title graph (3); SA 3171. Ms. HEITKAMP submitted an I, add the following: (B) by inserting after paragraph (1) the fol- amendment intended to be proposed to SEC. 131l. REAUTHORIZATION OF DIESEL EMIS- lowing: amendment SA 2953 proposed by Ms. MUR- SIONS REDUCTION PROGRAM. ‘‘(2) QUALIFIED WASTE HEAT RESOURCE.—The KOWSKI to the bill S. 2012, supra; which was Section 797(a) of the Energy Policy Act of term ‘qualified waste heat resource’ means— ordered to lie on the table. 2005 (42 U.S.C. 16137(a)) is amended by strik- SA 3172. Ms. HEITKAMP (for herself and ‘‘(A) exhaust heat or flared gas from any ing ‘‘2016’’ and inserting ‘‘2021’’. industrial process; Mr. FRANKEN) submitted an amendment in- tended to be proposed to amendment SA 2953 ‘‘(B) waste gas or industrial tail gas that SA 3144. Ms. CANTWELL submitted would otherwise be flared, incinerated, or proposed by Ms. MURKOWSKI to the bill S. 2012, supra; which was ordered to lie on the an amendment intended to be proposed vented; table. to amendment SA 2953 proposed by Ms. ‘‘(C) a pressure drop in any gas for an in- SA 3173. Ms. HEITKAMP (for herself and MURKOWSKI to the bill S. 2012, to pro- dustrial or commercial process; or Mr. BOOKER) submitted an amendment in- vide for the modernization of the en- ‘‘(D) such other forms of waste heat as the tended to be proposed to amendment SA 2953 ergy policy of the United States, and Secretary determines appropriate.’’; and proposed by Ms. MURKOWSKI to the bill S. (C) in paragraph (3) (as redesignated by for other purposes; which was ordered subparagraph (A))— 2012, supra; which was ordered to lie on the to lie on the table; as follows: table. (i) by striking ‘‘produced from’’ and insert- SA 3174. Ms. HEITKAMP (for herself, Mrs. On page 168, between lines 20 and 21, insert ing ‘‘produced or, if resulting from a thermal CAPITO, Mr. BOOKER, Mr. WHITEHOUSE, Mr. the following: energy project placed in service after Decem- TESTER, Mr. MANCHIN, Mr. BLUNT, and Mr. (d) DRAWDOWN AND SALE OF REFINED PE- ber 31, 2014, thermal energy generated from, FRANKEN) submitted an amendment intended TROLEUM PRODUCTS.— or avoided by,’’; and to be proposed to amendment SA 2953 pro- (1) DEFINITION OF SEVERE ENERGY SUPPLY (ii) by inserting ‘‘qualified waste heat re- posed by Ms. MURKOWSKI to the bill S. 2012, INTERRUPTION.—Section 3(8) of the Energy source,’’ after ‘‘municipal solid waste,’’; and supra; which was ordered to lie on the table. Policy and Conservation Act (42 U.S.C. (3) in subsection (c)— SA 3175. Mr. BURR (for himself and Mr. 6202(8)) is amended by striking ‘‘or (iii)’’ and (A) by redesignating paragraphs (1) TILLIS) submitted an amendment intended to inserting ‘‘(iii) an interruption of the world- through (3) as subparagraphs (A) through (C), be proposed to amendment SA 2953 proposed wide supply of crude petroleum that is likely respectively, and indenting appropriately; by Ms. MURKOWSKI to the bill S. 2012, supra; to cause a severe increase in the price of do- (B) in the matter preceding subparagraph which was ordered to lie on the table. mestic petroleum products, or (iv)’’. (A) (as so redesignated), by striking ‘‘For SA 3176. Mr. SCHATZ (for himself and Mr. (2) DRAWDOWN AND SALE OF PETROLEUM purposes’’ and inserting the following: WHITEHOUSE) submitted an amendment in- PRODUCTS.—Section 161 of the Energy Policy ‘‘(1) IN GENERAL.—For purposes’’; and

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(C) by adding at the end the following: (A) the annual plan prepared by the Bureau (A) IN GENERAL.—The system for assigning ‘‘(2) SEPARATE CALCULATION.— of Reclamation known as the ‘‘Asset Man- ratings under paragraph (2)(B) shall be— ‘‘(A) IN GENERAL.—For purposes of deter- agement Plan’’; and (i) consistent with existing uniform cat- mining compliance with the requirements of (B) any publicly available information re- egorization systems to inform the annual this section, any energy consumption that is lating to the plan described in subparagraph budget process and agency requirements; and avoided through the use of renewable energy (A) that summarizes the efforts of the Bu- (ii) subject to the guidance and instruc- shall be considered to be renewable energy reau of Reclamation to evaluate and manage tions issued under subparagraph (B). produced. infrastructure assets of the Bureau of Rec- (B) GUIDANCE.—As soon as practicable after ‘‘(B) DENIAL OF DOUBLE BENEFIT.—Avoided lamation. the date of enactment of this Act, the Sec- energy consumption that is considered to be (3) MAJOR REPAIR AND REHABILITATION retary shall issue guidance that describes renewable energy produced under subpara- NEED.—The term ‘‘major repair and rehabili- the applicability of the rating system appli- graph (A) shall not also be counted for pur- tation need’’ means major nonrecurring cable under paragraph (2)(B) to Reclamation poses of achieving compliance with another maintenance at a Reclamation facility, in- facilities. Federal energy efficiency goal.’’. cluding maintenance related to the safety of (4) PUBLIC AVAILABILITY.—Except as pro- (b) CONFORMING AMENDMENT.—Section dams, extraordinary maintenance of dams, vided in paragraph (5), the Secretary shall 2410q(a) of title 10, United States Code, is deferred major maintenance activities, and make publicly available, including on the amended by striking ‘‘section 203(b)(2) of the all other significant repairs and extraor- Internet, the Asset Management Report re- Energy Policy Act of 2005 (42 U.S.C. dinary maintenance. quired under subsection (a). 15852(b)(2))’’ and inserting ‘‘section 203(b) of (4) RECLAMATION FACILITY.—The term (5) CONFIDENTIALITY.—The Secretary may the Energy Policy Act of 2005 (42 U.S.C. ‘‘Reclamation facility’’ means each of the in- exclude from the public version of the Asset 15852(b))’’. frastructure assets that are owned by the Management Report made available under Bureau of Reclamation at a Reclamation paragraph (4) any information that the Sec- SA 3146. Mr. BARRASSO (for himself project. retary identifies as sensitive or classified, and Mr. SCHATZ) submitted an amend- (5) RECLAMATION PROJECT.—The term ‘‘Rec- but shall make available to the Committee ment intended to be proposed to lamation project’’ means a project that is on Energy and Natural Resources of the Sen- amendment SA 2953 proposed by Ms. owned by the Bureau of Reclamation, includ- ate and the Committee on Natural Resources ing all reserved works and transferred works of the House of Representatives a version of MURKOWSKI to the bill S. 2012, to pro- owned by the Bureau of Reclamation. the report containing the sensitive or classi- vide for the modernization of the en- (6) RESERVED WORKS.—The term ‘‘reserved fied information. ergy policy of the United States, and works’’ means buildings, structures, facili- (c) UPDATES.—Not later than 2 years after for other purposes; which was ordered ties, or equipment that are owned by the Bu- the date on which the Asset Management Re- to lie on the table; as follows: reau of Reclamation for which operations port is submitted under subsection (a) and At the end, add the following: and maintenance are performed by employ- biennially thereafter, the Secretary shall up- ees of the Bureau of Reclamation or through date the Asset Management Report, subject TITLE ll—BUREAU OF RECLAMATION a contract entered into by the Bureau of to the requirements of section ll05(b)(2). SEC. ll01. SHORT TITLE. Reclamation, regardless of the source of (d) CONSULTATION.—To the extent that This title may be cited as the ‘‘Bureau of funding for the operations and maintenance. such consultation would assist the Secretary in preparing the Asset Management Report Reclamation Transparency Act’’. (7) SECRETARY.—The term ‘‘Secretary’’ SEC. ll02. FINDINGS. means the Secretary of the Interior. under subsection (a) and updates to the Asset Management Report under subsection Congress finds that— (8) TRANSFERRED WORKS.—The term ‘‘trans- (c), the Secretary shall consult with— (1) the water resources infrastructure of ferred works’’ means a Reclamation facility (1) the Secretary of the Army (acting the Bureau of Reclamation provides impor- at which operations and maintenance of the through the Chief of Engineers); and tant benefits related to irrigated agri- facility is carried out by a non-Federal enti- (2) water and power contractors. culture, municipal and industrial water, hy- ty under the provisions of a formal oper- dropower, flood control, fish and wildlife, ations and maintenance transfer contract or SEC. ll05. ASSET MANAGEMENT REPORT EN- HANCEMENTS FOR TRANSFERRED and recreation in the 17 Reclamation States; other legal agreement with the Bureau of WORKS. (2) as of 2013, the combined replacement Reclamation. (a) IN GENERAL.—The Secretary shall co- value of the infrastructure assets of the Bu- SEC. ll04. ASSET MANAGEMENT REPORT EN- ordinate with the non-Federal entities re- reau of Reclamation was $94,500,000,000; HANCEMENTS FOR RESERVED sponsible for the operation and maintenance (3) the majority of the water resources in- WORKS. of transferred works in developing reporting frastructure facilities of the Bureau of Rec- (a) IN GENERAL.—Not later than 2 years requirements for Asset Management Reports lamation are at least 60 years old; after the date of enactment of this Act, the with respect to major repair and rehabilita- (4) the Bureau of Reclamation has pre- Secretary shall submit to Congress an Asset tion needs for transferred works that are viously undertaken efforts to better manage Management Report that— similar to the reporting requirements de- the assets of the Bureau of Reclamation, in- (1) describes the efforts of the Bureau of scribed in section ll04(b). cluding an annual review of asset mainte- Reclamation— (b) GUIDANCE.— nance activities of the Bureau of Reclama- (A) to maintain in a reliable manner all re- (1) IN GENERAL.—After considering input tion known as the ‘‘Asset Management served works at Reclamation facilities; and from water and power contractors of the Bu- Plan’’; and (B) to standardize and streamline data re- reau of Reclamation, the Secretary shall de- (5) actionable information on infrastruc- porting and processes across regions and velop and implement a rating system for ture conditions at the asset level, including areas for the purpose of maintaining re- transferred works that incorporates, to the information on maintenance needs at indi- served works at Reclamation facilities; and maximum extent practicable, the rating sys- vidual assets due to aging infrastructure, is (2) expands on the information otherwise tem for major repair and rehabilitation needed for Congress to conduct oversight of provided in an Asset Management Report, in needs for reserved works developed under Reclamation facilities and meet the needs of accordance with subsection (b). section ll04(b)(3). the public. (b) INFRASTRUCTURE MAINTENANCE NEEDS (2) UPDATES.—The ratings system devel- SEC. ll03. DEFINITIONS. ASSESSMENT.— oped under paragraph (1) shall be included in In this title: (1) IN GENERAL.—The Asset Management the updated Asset Management Reports (1) ASSET.— Report submitted under subsection (a) shall under section ll04(c). (A) IN GENERAL.—The term ‘‘asset’’ means include— SEC. ll06. OFFSET. any of the following assets that are used to (A) a detailed assessment of major repair Notwithstanding any other provision of achieve the mission of the Bureau of Rec- and rehabilitation needs for all reserved law, in the case of the project authorized by lamation to manage, develop, and protect works at all Reclamation projects; and section 1617 of the Reclamation Projects Au- water and related resources in an environ- (B) to the extent practicable, an itemized thorization and Adjustment Act of 1992 (43 mentally and economically sound manner in list of major repair and rehabilitation needs U.S.C. 390h–12c), the maximum amount of the interest of the people of the United of individual Reclamation facilities at each the Federal share of the cost of the project States: Reclamation project. under section 1631(d)(1) of that Act (43 U.S.C. (i) Capitalized facilities, buildings, struc- (2) INCLUSIONS.—To the extent practicable, 390h–13(d)(1)) otherwise available as of the tures, project features, power production the itemized list of major repair and reha- date of enactment of this Act shall be re- equipment, recreation facilities, or quarters. bilitation needs under paragraph (1)(B) shall duced by $2,000,000. (ii) Capitalized and noncapitalized heavy include— SA 3147. Mr. RISCH submitted an equipment and other installed equipment. (A) a budget level cost estimate of the ap- amendment intended to be proposed to (B) INCLUSIONS.—The term ‘‘asset’’ includes propriations needed to complete each item; assets described in subparagraph (A) that are and amendment SA 2953 proposed by Ms. considered to be mission critical. (B) an assignment of a categorical rating MURKOWSKI to the bill S. 2012, to pro- (2) ASSET MANAGEMENT REPORT.—The term for each item, consistent with paragraph (3). vide for the modernization of the en- ‘‘Asset Management Report’’ means— (3) RATING REQUIREMENTS.— ergy policy of the United States, and

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RECOGNITION OF STATE OR LOCAL vide for the modernization of the en- notice, in accordance with the good faith, DETERMINATIONS. ergy policy of the United States, and due diligence, and public interest require- Section 210(m) of the Public Utility Regu- for other purposes; which was ordered ments of that section and the procedures of latory Policies Act of 1978 (16 U.S.C. 824a– to lie on the table; as follows: the Commission under that section, extend 3(m)) is amended— At the end of subtitle B of title III, add the the time period during which the licensee is (1) by redesignating paragraphs (3), (4), (5), following: required to commence the construction of (6), and (7) as paragraphs (4), (5), (6), (7), and SEC. 31ll. REPORT REQUIREMENT FOR FED- the project for up to 3 consecutive 2-year pe- (8), respectively; ERAL ONSHORE OIL AND GAS. riods from the date of the expiration of the (2) by inserting after paragraph (2) the fol- (a) IN GENERAL.—The Secretary of the In- extension originally issued by the Commis- lowing: terior may not alter royalties for Federal on- sion. ‘‘(3) STATE OR LOCAL DETERMINATION.— shore oil and gas development without (b) REINSTATEMENT OF EXPIRED LICENSE.— ‘‘(A) IN GENERAL.—After the date of enact- first— If the period required for commencement of construction of the project described in sub- ment of the Energy Policy Modernization (1) submitting a report to Congress— section (a) has expired prior to the date of Act of 2016, no electric utility shall be re- (A) demonstrating that the proposed ac- enactment of this Act— quired to enter into a new contract or le- tion would not result in a net loss in jobs to (1) the Federal Energy Regulatory Com- gally enforceable obligation to purchase the affected communities where the Federal mission shall reinstate the license effective electric energy from a qualifying small onshore oil and gas development occurs; as of the date of the expiration of the li- power production facility that produces elec- (B) detailing any potential economic im- cense; and tric energy solely by the use, as a primary pacts the action would have on rural econo- (2) the first extension authorized under energy source, of a resource other than mies; and subsection (a) shall take effect on that expi- waste and water, under this section if the (C) containing an independent analysis of ration date. State regulatory agency (with respect to the direct and indirect impact of the action each electric utility for which the State reg- on small businesses impacted by a change in SA 3152. Mr. BOOZMAN submitted an ulatory authority has ratemaking authority) royalty structure; and amendment intended to be proposed to or the nonregulated electric utility has de- (2) giving the appropriate committees of termined that the electric utility has no Congress not fewer than 90 days to review amendment SA 2953 proposed by Ms. need to acquire additional generation re- the report submitted under paragraph (1). MURKOWSKI to the bill S. 2012, to pro- sources in order to meet the obligation of (b) REQUIREMENTS FOR REPORT.—The report vide for the modernization of the en- the electric utility to serve customers in the submitted under subsection (a) shall include ergy policy of the United States, and public interest. information describing the impact the action for other purposes; which was ordered ‘‘(B) REASSESSMENT.—Not later than 3 will have on— to lie on the table; as follows: years after the date of a determination under (1) net revenue to the Treasury of the At the appropriate place, insert the fol- subparagraph (A) and every 3 years there- United States and to the States, taking into lowing: after, the State regulatory agency (with re- consideration the effect the new royalty will SEC. llll. DEPARTMENT OF ENERGY INSPEC- spect to each electric utility for which the have on the net loss in jobs in affected com- TOR GENERAL EXTENDED VACANCY State regulatory authority has ratemaking munities where the Federal onshore oil and PREVENTION. authority) or the nonregulated electric util- gas development occurs; If the Council of the Inspectors General on ity shall reassess the determination under (2) rural economies, specifically areas de- Integrity and Efficiency (referred to in this that subparagraph.’’; pendent on the Federal onshore oil and gas section as the ‘‘Council’’) determines that a (3) in paragraph (4) (as so redesignated)— development; and vacancy exists at the position of Inspector (A) in the second sentence, by striking ‘‘of (3) domestic energy production and energy General of the Office of Inspector General at this subsection’’; and independence. the Department and the President has not (B) by inserting ‘‘or in paragraph (3)’’ after nominated an Inspector General to fill that ‘‘paragraph (1)’’ each place it appears; and SA 3150. Mr. HATCH submitted an vacancy by the end of the 210-day period be- (4) in paragraph (5) (as so redesignated)— amendment intended to be proposed to ginning on the date the vacancy began, not- (A) in the first sentence, by striking ‘‘para- amendment SA 2953 proposed by Ms. withstanding any other provision of law, graph (3)’’ and inserting ‘‘paragraph (4)’’; MURKOWSKI to the bill S. 2012, to pro- there shall be transferred from the salaries (B) in the second sentence, by striking ‘‘of vide for the modernization of the en- and expenses account of the White House to this subsection’’; and ergy policy of the United States, and the Office of Inspector General account of the Department $20,000 for each month dur- (C) by inserting ‘‘or in paragraph (3)’’ after for other purposes; which was ordered ‘‘paragraph (1)’’ each place it appears. ing which the Council determines that the to lie on the table; as follows: President has not nominated an Inspector SA 3148. Mr. INHOFE submitted an At the end of subtitle B of title III, add the General to fill that vacancy, to continue on amendment intended to be proposed by following: a monthly basis until the President has SEC. 31ll. ONLINE AUCTIONS AUTHORIZED. made the nomination. him to the bill S. 2012, to provide for Section 36 of the Mineral Leasing Act (30 the modernization of the energy policy U.S.C. 192) is amended by adding before the SA 3153. Mr. VITTER (for himself of the United States, and for other pur- period at the end the following: ‘‘And pro- and Mr. CASSIDY) submitted an amend- poses; which was ordered to lie on the vided further, that in the event of a protest ment intended to be proposed to table; as follows: activity or other unforeseen event causing a amendment SA 2953 proposed by Ms. disruption to a sale under this section, the At the appropriate place, insert the fol- MURKOWSKI to the bill S. 2012, to pro- Secretary of the Interior, as expeditiously as lowing: practicable and in any case during the same vide for the modernization of the en- SEC. llll. PRESIDENT’S CLIMATE ACTION quarter as the originally announced sale, ergy policy of the United States, and PLAN. shall hold the sale through an Internet-based for other purposes; which was ordered The Federal Government shall not take lease sale in accordance with section to lie on the table; as follows: any action pursuant to the President’s Cli- 17(b)(1)(C)’’. At the end of subtitle E of title IV, add the mate Action Plan (published in June 2013), following: including implementation of the final rule SA 3151. Mr. BURR submitted an SEC. 44ll. GAO INVESTIGATION OF BUREAU OF entitled ‘‘Carbon Pollution Emission Guide- amendment intended to be proposed to SAFETY AND ENVIRONMENTAL EN- lines for Existing Stationary Sources: Elec- amendment SA 2953 proposed by Ms. FORCEMENT ACTIONS RELATING TO tric Utility Generating Units’’ (80 Fed. Reg. THE SEIZURE OF HELICOPTER FUEL. MURKOWSKI to the bill S. 2012, to pro- 64662 (October 23, 2015)), that would reduce (a) INVESTIGATION.— vide for the modernization of the en- electric grid reliability, which would— (1) IN GENERAL.—Not later than 180 days (1) unnecessarily endanger the health and ergy policy of the United States, and after the date of enactment of this Act, the welfare of senior citizens in the United for other purposes; which was ordered Comptroller General of the United States States; and to lie on the table; as follows: shall conduct an investigation of actions (2) result in increased electricity prices At the end of part I of subtitle A of title taken by employees of the Bureau of Safety that disproportionately impact low-income III, add the following: and Environmental Enforcement (referred to and fixed-income households, minority com- SEC. 30ll. EXTENSION OF DEADLINE FOR HY- in this section as the ‘‘Bureau’’) regarding munities, minority-owned and women-owned DROELECTRIC PROJECT. the demand for, or seizure of, without per- businesses, manufacturers, and rural com- (a) IN GENERAL.—Notwithstanding the time mission and with or without offering to pro- munities. period specified in section 13 of the Federal vide compensation in exchange for, privately

VerDate Sep 11 2014 03:25 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.018 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S430 CONGRESSIONAL RECORD — SENATE February 1, 2016 owned helicopter fuel from lessees, permit (2) the purposes of LDRD are— (3) encourage industry to improve the op- holders, or operators of federally leased off- (A) to recruit, to develop, and to retain a portunities for students of minority-serving shore facilities, independent contractors, or creative workforce for a laboratory; and institutions to participate in industry in- third-party vendors. (B) to produce innovative ideas that are ternships and cooperative work-study pro- (2) PURPOSES.—The purposes of the inves- vital to the ability of a laboratory to grams. tigation conducted under paragraph (1) shall produce the best scientific work in accord- On page 320, line 3, strike ‘‘(f)’’ and insert be to determine— ance with the mission of the laboratory; ‘‘(g)’’. (A)(i) whether the Bureau has the explicit (3) LDRD has a long history of support and On page 324, strike line 9 and insert the fol- authority under law (including regulations accomplishment since 1954, when Congress lowing: consistent with the statutory authority of first authorized LDRD in the Atomic Energy (j) DIRECT ASSISTANCE.—In awarding grants the Bureau) to demand or seize, whether for Act of 1954 (42 U.S.C. 2011 et seq.); under this section, the Secretary shall pro- valid inspections or operational convenience, (4) formal requirements, external review, vide direct assistance (including technical privately owned helicopter fuel from lessees, and oversight by the Secretary with respect expertise, wraparound services, career coach- permit holders, or operators of federally to LDRD projects ensure that LDRD ing, mentorships, internships, and partner- leased offshore facilities, independent con- projects— ships) to entities that receive a grant under tractors, or third-party vendors, even in (A) are selected competitively; and this section. cases in which the Bureau offers compensa- (B) explore innovative and new areas of re- (k) TECHNICAL ASSISTANCE.—The Secretary tion for the fuel demanded or seized; and search that are not covered by existing re- shall (ii) if the Comptroller General of the search programs; On page 324, line 14, strike ‘‘(k)’’ and insert United States determines that the Bureau (5) LDRD is a resource to support cutting- ‘‘(l)’’. has the authority described in clause (i), edge exploratory research prior to the identi- On page 325, line 3, strike ‘‘(l)’’ and insert whether— fication and development of a research pro- ‘‘(m)’’. (I) the Bureau may demand or seize the gram by the Department or a strategic part- helicopter fuel at any time and for any pur- ner of the Department; SA 3156. Ms. BALDWIN (for herself pose; or (6) LDRD projects in the same topic area and Ms. STABENOW) submitted an (II) the authority under that clause is sub- may be funded at various laboratories to ex- amendment intended to be proposed to ject to conditions or limitations; plore potential paths for a program in that amendment SA 2953 proposed by Ms. (B) whether an independent helicopter topic area; MURKOWSKI to the bill S. 2012, to pro- service provider not under agreement with (7) LDRD projects provide valuable in- vide for the modernization of the en- the Bureau or a contracted helicopter service sights for peer-review strategic assessments provider of the Bureau qualifies as ‘‘a des- conducted by the Department in the program ergy policy of the United States, and ignated operator or agent of the lessee(s), a planning process; for other purposes; which was ordered pipeline right-of-way holder, or a State les- (8) LDRD is an important recruitment and to lie on the table; as follows: see granted a right-of-use and easement’’ retention tool for the National Laboratories; Beginning on page 130, strike line 18 and under section 250.105 of title 30, Code of Fed- (9) the recruitment and retention tool that all that follows through page 131, line 5. eral Regulations (as in effect on the date of LDRD provides is especially crucial for the Beginning on page 419, line 26, strike ‘‘(as enactment of this Act); laboratories operated by the National Nu- amended’’ and all that follows through (C) whether the Bureau is or has been con- clear Security Administration, which must ‘‘1201(d)(3))’’ on page 420, line 1. ducting random, unscheduled inspections at attract new staff to the laboratories in order any facility of a lessee or permit holder of to maintain a highly trained workforce to SA 3157. Mr. INHOFE submitted an the Bureau— support the missions of the National Nuclear amendment intended to be proposed to (i) to allow the Bureau to take helicopter Security Administration with respect to nu- amendment SA 2953 proposed by Ms. fuel at the facility for the convenience of the clear weapons and national security; and MURKOWSKI to the bill S. 2012, to pro- Bureau; and (10) the October 28, 2015, Final Report of (ii) to justify the taking of helicopter fuel the Commission to Review the Effectiveness vide for the modernization of the en- in connection with an inspection that other- of the National Energy Laboratories— ergy policy of the United States, and wise would not have occurred; and (A) strongly endorsed LDRD programs for other purposes; which was ordered (D) whether employees of the Bureau, by both now and into the future; and to lie on the table; as follows: demanding or seizing, or directing participa- (B) supported restoration of the cap on On page 329, line 9, insert ‘‘unless the paper tion of third parties in the demand for or sei- LDRD to 6 percent unburdened or the equiva- has been segregated for the purpose of as- zure of, helicopter fuel, through intimida- lent of 6 percent unburdened. sured destruction’’ after ‘‘electricity’’. tion, coercion, or other means, directly or (b) GENERAL AND ADMINISTRATIVE OVER- indirectly, without the consent of the pri- HEAD FOR LABORATORY DIRECTED RESEARCH SA 3158. Mr. HATCH submitted an vate owner of the fuel, would be— AND DEVELOPMENT.—The Secretary shall en- amendment intended to be proposed to (i) subject to civil liability under section sure that the laboratory operating contrac- amendment SA 2953 proposed by Ms. 2680(h) of title 28, United States Code; or tors for Lawrence Livermore National Lab- MURKOWSKI to the bill S. 2012, to pro- (ii) subject to civil or criminal liability oratory, Los Alamos National Laboratory, under any other law. and Sandia National Laboratories do not al- vide for the modernization of the en- (b) REPORT.—On completion of the inves- locate costs of general and administrative ergy policy of the United States, and tigation under subsection (a), the Comp- overhead to laboratory directed research and for other purposes; which was ordered troller General of the United States shall development. to lie on the table; as follows: submit to the Committee on Energy and On page 69, between lines 21 and 22, insert Natural Resources of the Senate and the SA 3155. Mr. HEINRICH submitted an the following: Committee on Natural Resources of the amendment intended to be proposed to (d) WEATHERIZATION ASSISTANCE PROGRAM House of Representatives a report that de- amendment SA 2953 proposed by Ms. FOR LOW-INCOME PERSONS.—Section 415 of scribes the results of the investigation under MURKOWSKI to the bill S. 2012, to pro- the Energy Conservation and Production Act that subsection. vide for the modernization of the en- (42 U.S.C. 6865) (as amended by subsection ergy policy of the United States, and (c)) is amended by adding at the end the fol- SA 3154. Mr. HEINRICH (for himself lowing: for other purposes; which was ordered and Mr. UDALL) submitted an amend- ‘‘(g) ADMINISTRATION.— ment intended to be proposed to to lie on the table; as follows: ‘‘(1) IN GENERAL.—A State shall use up to 8 amendment SA 2953 proposed by Ms. On page 320, between lines 2 and 3, insert percent of any grant made by the Secretary MURKOWSKI to the bill S. 2012, to pro- the following: under this part to track applicants for and vide for the modernization of the en- (f) OUTREACH TO MINORITY-SERVING INSTITU- recipients of weatherization assistance under ergy policy of the United States, and TIONS.—In developing the strategy under sub- this part to determine the impact of the as- section (a), the Board shall— sistance and eliminate or reduce reliance on for other purposes; which was ordered (1) give special consideration to increasing the low-income home energy assistance pro- to lie on the table; as follows: outreach to minority-serving institutions gram established under the Low-Income At the end of subtitle C of title IV, add the (including historically black colleges and Home Energy Assistance Act of 1981 (42 following: universities, predominantly black institu- U.S.C. 8621 et seq.), over a period of not more SEC. 42ll. RESTORATION OF LABORATORY DI- tions, Hispanic serving institutions, and than 3 years. RECTED RESEARCH AND DEVELOP- tribal institutions); ‘‘(2) USE OF SAVINGS.—Notwithstanding any MENT PROGRAM. (2) make resources available to minority- other provision of law, of any savings ob- (a) FINDINGS.—Congress finds that— serving institutions with the objective of in- tained by the Secretary of Health and (1) laboratory directed research and devel- creasing the number of skilled minorities Human Services due to eliminated or re- opment (referred to in this subsection as and women trained to go into the energy and duced reliance on the low-income home en- ‘‘LDRD’’) is an investment for the future; manufacturing sectors; and ergy assistance program established under

VerDate Sep 11 2014 03:25 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.019 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S431 the Low-Income Home Energy Assistance MURKOWSKI to the bill S. 2012, to pro- ‘‘(2) enhance public awareness regarding Act of 1981 (42 U.S.C. 8621 et seq.) as a result vide for the modernization of the en- the WaterSense label through outreach, edu- of the weatherization assistance provided ergy policy of the United States, and cation, and other means; under this part, as determined under para- for other purposes; which was ordered ‘‘(3) preserve the integrity of the graph (1)— to lie on the table; as follows: WaterSense label by— ‘‘(A) 50 percent shall be transferred to the ‘‘(A) establishing and maintaining feasible Secretary of Health and Human Services to At the end of subtitle F of title III, add the performance criteria so that products, build- provide assistance to States under this part, following: ings, landscapes, facilities, processes, and to be reallocated to the States pro rata based SEC. 35ll. FAIRNESS IN COMPETITION FOR SO- services labeled with the WaterSense label on the savings realized by each State under LICITATIONS FOR INTERNATIONAL perform as well or better than less water-ef- PROJECT ACTIVITIES. this part; and ficient counterparts; Section 33 of the Atomic Energy Act of ‘‘(B) 50 percent shall be deposited into the 1954 (42 U.S.C. 2053) is amended by adding at ‘‘(B) overseeing WaterSense certifications general fund of the Treasury for purposes of the end the following: ‘‘For purposes of this made by third parties; reducing the annual Federal budget deficit. section, with respect to international re- ‘‘(C) as determined appropriate by the Ad- ‘‘(3) ANNUAL STATE PLANS.—A State may search projects, the term ‘private facilities ministrator, using testing protocols, from submit to the Secretary for approval within or laboratories’ means a facility or labora- the appropriate, applicable, and relevant 90 days an annual plan for the administra- tory that is located in the United States.’’. consensus standards, for the purpose of de- tion of assistance under this part in the termining standards compliance; and State that includes, at the option of the SA 3162. Mr. UDALL (for himself, Mr. ‘‘(D) auditing the use of the WaterSense State— PORTMAN, Mrs. BOXER, Mr. ALEXANDER, label in the marketplace and preventing ‘‘(A) local income eligibility standards for Mr. WYDEN, and Mr. BROWN) submitted cases of misuse; and the assistance that are not based on the for- an amendment intended to be proposed ‘‘(4) not more often than 6 years after mula that are used to allocate assistance adoption or major revision of any under this part; and to amendment SA 2953 proposed by Ms. WaterSense specification, review and, if ap- ‘‘(B) the establishment of revolving loan MURKOWSKI to the bill S. 2012, to pro- propriate, revise the specification to achieve funds for multifamily affordable housing vide for the modernization of the en- additional water savings; units. ergy policy of the United States, and ‘‘(5) in revising a WaterSense specifica- ‘‘(4) EVALUATION.—Of amounts appro- for other purposes; which was ordered tion— priated for headquarters training and tech- to lie on the table; as follows: ‘‘(A) provide reasonable notice to inter- nical assistance for the Weatherization As- At the appropriate place, insert the fol- ested parties and the public of any changes, sistance Program each fiscal year, the Sec- lowing: including effective dates, and an explanation retary shall use not more than 25 percent— SEC. llll. WATERSENSE. of the changes; ‘‘(A) to carry out a 3-year evaluation of the ‘‘(B) solicit comments from interested par- (a) IN GENERAL.—Part B of title III of the plans submitted under paragraph (3); and Energy Policy and Conservation Act is ties and the public prior to any changes; ‘‘(B) to disseminate to each State weather- amended by adding after section 324A (42 ‘‘(C) as appropriate, respond to comments ization program a report describing the re- U.S.C. 6294a) the following: submitted by interested parties and the pub- sults of the evaluation. lic; and ‘‘SEC. 324B. WATERSENSE. ‘‘(5) REPORT TO CONGRESS.—As soon as ‘‘(D) provide an appropriate transition ‘‘(a) ESTABLISHMENT OF WATERSENSE PRO- practicable, the Secretary shall submit to time prior to the applicable effective date of GRAM.— Congress a report describing the training and any changes, taking into account the timing ‘‘(1) IN GENERAL.—There is established technical assistance efforts of the Depart- within the Environmental Protection Agen- necessary for the manufacture, marketing, ment to assist States in carrying out para- cy a voluntary WaterSense program to iden- training, and distribution of the specific graph (1).’’. tify and promote water-efficient products, water-efficient product, building, landscape, process, or service category being addressed; SA 3159. Mrs. CAPITO (for herself, buildings, landscapes, facilities, processes, and services that, through voluntary label- and Ms. HEITKAMP, and Mr. CASEY) sub- ing of, or other forms of communications re- ‘‘(6) not later than December 31, 2018, con- mitted an amendment intended to be garding, products, buildings, landscapes, fa- sider for review and revision any WaterSense proposed to amendment SA 2953 pro- cilities, processes, and services while meet- specification adopted before January 1, 2012. posed by Ms. MURKOWSKI to the bill S. ing strict performance criteria, sensibly— ‘‘(c) TRANSPARENCY.—The Administrator 2012, to provide for the modernization ‘‘(A) reduce water use; shall, to the maximum extent practicable of the energy policy of the United ‘‘(B) reduce the strain on public and com- and not less than annually, regularly esti- States, and for other purposes; which munity water systems and wastewater and mate and make available to the public the was ordered to lie on the table; as fol- stormwater infrastructure; production and relative market shares and lows: ‘‘(C) conserve energy used to pump, heat, savings of water, energy, and capital costs of transport, and treat water; and On page 322, strike lines 21 through 25 and water, wastewater, and stormwater attrib- ‘‘(D) preserve water resources for future utable to the use of WaterSense-labeled insert the following: generations. (9) work with minority-serving institutions products, buildings, landscapes, facilities, ‘‘(2) INCLUSIONS.—The Administrator of the processes, and services. to provide job training to increase the num- Environmental Protection Agency (referred ber of skilled minorities and women in the to in this section as the ‘Administrator’) ‘‘(d) DISTINCTION OF AUTHORITIES.—In set- energy sector; shall, consistent with this section, identify ting or maintaining specifications for En- (10) provide job training for displaced and water-efficient products, buildings, land- ergy Star pursuant to section 324A, and unemployed workers in the energy sector; or scapes, facilities, processes, and services, in- WaterSense under this section, the Secretary (11) establish or support an existing Center cluding categories such as— and Administrator shall coordinate to pre- of Excellence for energy workforce training ‘‘(A) irrigation technologies and services; vent duplicative or conflicting requirements based in a community college or an institu- ‘‘(B) point-of-use water treatment devices; among the respective programs.’’. tion of higher education offering 2-year tech- ‘‘(C) plumbing products; nical programs that offers programs located (b) CONFORMING AMENDMENT.—The table of ‘‘(D) reuse and recycling technologies; contents for the Energy Policy and Con- in shale play areas of the United States. ‘‘(E) landscaping and gardening products, servation Act (42 U.S.C. prec. 6201) is amend- including moisture control or water enhanc- Mr. BOOKER (for himself, ed by inserting after the item relating to SA 3160. ing technologies; section 324A the following: Ms. MIKULSKI, Mr. MENENDEZ, and Mr. ‘‘(F) xeriscaping and other landscape con- SANDERS) submitted an amendment in- versions that reduce water use; ‘‘Sec. 324B. WaterSense.’’. tended to be proposed to amendment ‘‘(G) whole house humidifiers; and SA 2953 proposed by Ms. MURKOWSKI to ‘‘(H) water-efficient buildings or facilities. the bill S. 2012, to provide for the mod- ‘‘(b) DUTIES.—The Administrator, coordi- SA 3163. Mrs. FISCHER (for herself, ernization of the energy policy of the nating as appropriate with the Secretary, Mr. BOOKER, Mr. DAINES, and Mr. shall— United States, and for other purposes; PETERS) submitted an amendment in- ‘‘(1) establish— which was ordered to lie on the table; ‘‘(A) a WaterSense label to be used for tended to be proposed by her to the bill as follows: items meeting the certification criteria es- S. 2012, to provide for the moderniza- On page 263, line 5, strike ‘‘or the Atlantic tablished in accordance with this section; tion of the energy policy of the United Ocean Basin’’. and States, and for other purposes; which ‘‘(B) the procedure, including the methods was ordered to lie on the table; as fol- SA 3161. Mr. BOOKER submitted an and means, and criteria by which an item lows: amendment intended to be proposed to may be certified to display the WaterSense amendment SA 2953 proposed by Ms. label; At the end, add the following:

VerDate Sep 11 2014 03:25 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.020 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S432 CONGRESSIONAL RECORD — SENATE February 1, 2016 TITLE VI—SECURING AMERICA’S FUTURE (1) in subsection (a), by striking ‘‘$1,000,000 tifies to Congress that there is a significant ENERGY: PROTECTING OUR INFRA- for each of fiscal years 2012 through 2015’’ need to move forward with a new rule- STRUCTURE OF PIPELINES AND EN- and inserting ‘‘$1,060,000 for each of the fiscal making. HANCING SAFETY ACT years 2016 through 2019’’; and SEC. 6006. NATURAL GAS INTEGRITY MANAGE- SEC. 6001. SHORT TITLE; REFERENCES. (2) in subsection (b), by striking ‘‘2012 MENT REVIEW. (a) SHORT TITLE.—This title may be cited through 2015’’ and inserting ‘‘2016 through (a) REPORT.—Not later than 18 months as the ‘‘Securing America’s Future Energy: 2019’’. after the publication of a final rule regarding Protecting our Infrastructure of Pipelines (d) STATE DAMAGE PREVENTION PRO- the safety of gas transmission pipelines (76 and Enhancing Safety Act’’ or the ‘‘SAFE GRAMS.—Section 60134(i) is amended by strik- Fed. Reg. 53086), the Comptroller General of PIPES Act’’. ing ‘‘2012 through 2015’’ and inserting ‘‘2016 the United States shall submit a report to (b) REFERENCES TO TITLE 49, UNITED through 2019’’. Congress regarding the natural gas integrity STATES CODE.—Except as otherwise expressly (e) COMMUNITY PIPELINE SAFETY INFORMA- management program. provided, wherever in this title an amend- TION GRANTS.—Section 60130(c) is amended by (b) CONTENTS.—The report under sub- ment or repeal is expressed in terms of an striking ‘‘2012 through 2015’’ and inserting section (a) shall include— amendment to, or repeal of, a section or ‘‘2016 through 2019’’. (1) an analysis of the extent to which the other provision, the reference shall be con- (f) PIPELINE INTEGRITY PROGRAM.—Section natural gas integrity management program sidered to be made to a section or other pro- 12(f) of the Pipeline Safety Improvement Act under section 60109(c) of title 49, United vision of title 49, United States Code. of 2002 (49 U.S.C. 60101 note) is amended by States Code, has improved the safety of nat- striking ‘‘2012 through 2015’’ and inserting SEC. 6002. AUTHORIZATION OF APPROPRIATIONS. ural gas transmission pipelines; ‘‘2016 through 2019’’. (a) GAS AND HAZARDOUS LIQUID.—Section (2) an analysis or recommendations, in- 60125(a) is amended— SEC. 6003. REGULATORY UPDATES. cluding consideration of technical, oper- (1) in paragraph (1), by striking ‘‘there is (a) IN GENERAL.—Not later than 120 days ational, and economic feasibility, regarding authorized to be appropriated to the Depart- after the date of enactment of this Act, and changes to the program that would prevent ment of Transportation for each of fiscal every 90 days thereafter until a final rule has inadvertent releases from pipelines and miti- years 2012 through 2015, from fees collected been issued for each of the requirements de- gate any adverse consequences of an inad- under section 60301, $90,679,000, of which scribed under paragraphs (1), (2), and (3), the vertent release, including changes to the $4,746,000 is for carrying out such section 12 Secretary of Transportation shall publish an current definition of high consequence area, and $ 36,194,000 is for making grants.’’ and in- update on a public website regarding the sta- or would expand integrity management be- serting the following: ‘‘there are authorized tus of a final rule for— yond high consequence areas; to be appropriated to the Department of (1) regulations required under the Pipeline (3) a review of the cost effectiveness of the Transportation from fees collected under Safety Regulatory Certainty and Job Cre- legacy class location regulations; section 60301— ation Act of 2011 (Public Law 112–90; 125 Stat. (4) an analysis of and recommendations re- ‘‘(A) $127,060,000 for fiscal year 2016, of 1904) for which no interim final rule or direct garding what impact pipeline features and which $9,325,000 shall be expended for car- final rule has been issued; conditions, including the age, condition, ma- rying out such section 12 and $42,515,000 shall (2) any regulation relating to pipeline safe- terials, and construction of a pipeline, be expended for making grants; ty required by law, other than a regulation should have on risk analysis of a particular ‘‘(B) $129,671,000 for fiscal year 2017, of described under paragraph (1), for which for pipeline; which $9,418,000 shall be expended for car- more than 2 years after the date of the en- (5) a description of any challenges affect- rying out such section 12 and $42,941,000 shall acting statute or statutory deadline no in- ing Federal or State regulators in their over- be expended for making grants; terim final rule or direct final rule has been sight of the program and how the challenges ‘‘(C) $132,334,000 for fiscal year 2018, of issued; and are being addressed; and which $9,512,000 shall be expended for car- (3) any other pipeline safety rulemaking (6) a description of any challenges affect- rying out such section 12 and $43,371,000 shall categorized as significant. ing the natural gas industry in complying be expended for making grants; and (b) CONTENTS.—Each report under sub- with the program, and how the challenges ‘‘(D) $135,051,000 for fiscal year 2019, of section (a) shall include— are being addressed. which $9,607,000 shall be expended for car- (1) a description of the work plan for the (c) DEFINITION OF HIGH CONSEQUENCE rying out such section 12 and $43,805,000 shall outstanding regulation; AREA.—In this section and in section 6007, be expended for making grants.’’; and (2) an updated rulemaking timeline for the the term ‘‘high consequence area’’ means an (2) in paragraph (2), by striking ‘‘there is outstanding regulation; area described in section 60109(a) of title 49, authorized to be appropriated for each of fis- (3) current staff allocations; United States Code. cal years 2012 through 2015 from the Oil Spill (4) any other information collection re- SEC. 6007. HAZARDOUS LIQUID INTEGRITY MAN- Liability Trust Fund to carry out the provi- quest with substantial changes; AGEMENT REVIEW. sions of this chapter related to hazardous (5) current data collection or research re- (a) SAFETY STUDY.—Not later than 18 liquid and section 12 of the Pipeline Safety lating to the development of the rulemaking; months after the publication of a final rule Improvement Act of 2002 (49 U.S.C. 60101 (6) current collaborative efforts with safety regarding the safety of hazardous liquid pipe- note; Public Law 107–355), $18,573,000, of experts and other stakeholders; lines (80 Fed. Reg. 61610), the Comptroller which $2,174,000 is for carrying out such sec- (7) any resource constraints impacting the General of the United States shall submit a tion 12 and $4,558,000 is for making grants.’’ rulemaking process for the outstanding regu- report to Congress regarding the hazardous and inserting the following: ‘‘there are au- lation; and liquid integrity management program. thorized to be appropriated from the Oil (8) any other details associated with the (b) CONTENTS.—The report under sub- Spill Liability Trust Fund to carry out the development of the rulemaking that impact section (a) shall include— provisions of this chapter related to haz- the progress of the rulemaking. (1) an analysis of the extent to which liq- ardous liquid and section 12 of the Pipeline SEC. 6004. HAZARDOUS MATERIALS IDENTIFICA- uid pipeline integrity management in high Safety Improvement Act of 2002 (49 U.S.C. TION NUMBERS. consequence areas for operators of certain 60101 note; Public Law 107–355)—’’ The Administrator of the Pipeline and Haz- hazardous liquid pipeline facilities, as regu- ‘‘(A) $19,890,000 for fiscal year 2016, of which ardous Materials Safety Administration lated under sections 195.450 and 195.452 of $3,108,000 shall be expended for carrying out shall— title 49, Code of Federal Regulations, has im- such section 12 and $8,708,000 shall be ex- (1) rescind the implementation of the June proved the safety of hazardous liquid pipe- pended for making grants; 26, 2015 PHMSA interpretative letter (#14- lines; ‘‘(B) $20,288,000 for fiscal year 2017, of which 0178); and (2) recommendations, including consider- $3,139,000 shall be expended for carrying out (2) reinstate paragraphs (4) and (5) of sec- ation of technical, operational, and eco- such section 12 and $8,795,000 shall be ex- tion 172.336(c) of title 49, Code of Federal nomic feasibility, regarding changes to the pended for making grants; Regulations, without the reference to ‘‘gas- program that could prevent inadvertent re- ‘‘(C) $20,694,000 for fiscal year 2018, of which ohol’’, as was originally intended in the leases from pipelines and mitigate any ad- $3,171,000 shall be expended for carrying out March 7, 2013 final rule (PHMSA–2011–0142). verse consequences of an inadvertent release, such section 12 and $8,883,000 shall be ex- SEC. 6005. STATUTORY PREFERENCE. including changes to the current definition pended for making grants; and The Administrator of the Pipeline and Haz- of high consequence area; ‘‘(D) $21,108,000 for fiscal year 2019, of which ardous Materials Safety Administration (3) an analysis of how surveying, assess- $3,203,000 shall be expended for carrying out shall prioritize the use of Office of Pipeline ment, mitigation, and monitoring activities, such section 12 and $8,972,000 shall be ex- Safety resources for the development of each including real-time hazardous liquid pipeline pended for making grants.’’. outstanding statutory requirement, includ- monitoring during significant flood events (b) EMERGENCY RESPONSE GRANTS.—Sec- ing requirements for rulemakings and infor- and information sharing with other Federal tion 60125(b)(2) is amended by striking ‘‘2012 mation collection requests, for a rulemaking agencies, are being used to address risks as- through 2015’’ and inserting ‘‘2016 through described in a report under section 6003 be- sociated with the dynamic and unique nature 2019’’. fore beginning any new rulemaking required of rivers, flood plains, and lakes; (c) ONE-CALL NOTIFICATION PROGRAMS.— after the date of the enactment of this Act (4) an analysis of and recommendations re- Section 6107 is amended— unless the Secretary of Transportation cer- garding what impact pipeline features and

VerDate Sep 11 2014 03:25 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.025 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S433 conditions, including the age, condition, ma- (1) an identification of any methods that (1) detail compliance with the consultation terials, and construction of a pipeline, could improve existing damage prevention requirement under paragraph (2) of such sec- should have on risk analysis of a particular programs through location and mapping tion; pipeline and what changes to the definition practices or technologies in an effort to re- (2) provide opportunities for joint research of high consequence area could be made to duce unintended releases caused by exca- ventures with non-Federal entities, when- improve pipeline safety; and vation; ever practicable and appropriate, to leverage (5) a description of any challenges affect- (2) an analysis of how increased use of GPS limited Federal research resources; and ing Federal or State regulators in their over- digital mapping technologies, predictive ana- (3) permit collaborative research and de- sight of the program and how the challenges lytic tools, public awareness initiatives in- velopment projects with appropriate non- are being addressed. cluding one-call initiatives, the use of mo- Federal organizations. SEC. 6008. TECHNICAL SAFETY STANDARDS COM- bile devices, and other advanced tech- (b) COLLABORATIVE SAFETY RESEARCH RE- MITTEES. nologies could supplement existing one-call PORT.—Section 60124(a)(6) is amended— Section 60115(b)(4)(A) is amended by strik- notification and damage prevention pro- (1) in subparagraph (A), by striking ‘‘and’’ ing ‘‘State commissioners. The Secretary grams to reduce the frequency and severity at the end; shall consult with the national organization of incidents caused by excavation damage; (2) in subparagraph (B), by striking the pe- of State commissions before selecting those (3) an identification of any methods that riod at the end and inserting ‘‘; and’’; and 2 individuals.’’ and inserting ‘‘State officials. could improve excavation practices or tech- (3) by adding at the end the following: The Secretary shall consult with national nologies in an effort to reduce pipeline dam- ‘‘(C) research activities in collaboration organizations representing State commis- ages; with non-Federal entities, including the in- sioners or governors when making a selec- (4) an analysis of the feasibility of a na- tended improvements to safety technology, tion under this subparagraph.’’ tional data repository for pipeline exca- inspection technology, operator response SEC. 6009. INSPECTION REPORT INFORMATION. vation accident data that creates standard- time, and emergency responder incident re- (a) IN GENERAL.—Not later than 30 days ized data models for storing and sharing sponse time.’’. after the completion of a pipeline safety in- pipeline accident information; and SEC. 6014. INFORMATION SHARING SYSTEM. spection, the Administrator of the Pipeline (5) an identification of opportunities for (a) IN GENERAL.—Not later than 180 days and Hazardous Materials Safety Administra- stakeholder engagement in preventing exca- after the date of the enactment of this Act, tion, or the State authority certified under vation damage. the Secretary of Transportation shall con- section 60105 of title 49, United States Code, (c) REPORT.—Not later than 1 year after vene a working group to consider the devel- shall— the date of the enactment of this Act, the opment of a voluntary no-fault information (1) conduct a post-inspection briefing with Secretary of Transportation shall submit a sharing system to encourage collaborative the operator outlining concerns, and to the report to the Committee on Commerce, efforts to improve inspection information extent practicable, provide written prelimi- Science, and Transportation of the Senate feedback and information sharing with the nary findings of the inspection; or and the Committee on Transportation and purpose of improving natural gas trans- (2) issue to the operator a final report, no- Infrastructure of the House of Representa- mission and hazardous liquid pipeline integ- tice of amendment of plans or procedures, tives regarding the study under this section, rity risk analysis. safety order, or corrective action order, or including recommendations, that include the (b) MEMBERSHIP.—The working group de- such other applicable report, notice, or consideration of technical, operational, and scribed in subsection (a) shall include rep- order. economic feasibility, on how to incorporate, resentatives from— (b) REPORT.— into existing damage prevention programs, (1) the Pipeline and Hazardous Materials (1) IN GENERAL.—The Administrator shall technological improvements and practices Safety Administration; submit an annual report to Congress regard- that may help prevent accidental excavation (2) industry stakeholders, including opera- ing— damage. (A) the actions that the Pipeline and Haz- tors of pipeline facilities, inspection tech- SEC. 6012. WORKFORCE OF PIPELINE AND HAZ- nology vendors, and pipeline inspection orga- ardous Materials Safety Administration has ARDOUS MATERIALS SAFETY ADMIN- taken to ensure that inspections by State ISTRATION. nizations; authorities provide effective and timely (a) REVIEW.—Not later than 1 year after (3) safety advocacy groups; oversight; and the date of the enactment of this Act, the (4) research institutions; (B) statistics relating to the timeliness of Administrator of the Pipeline and Hazardous (5) State public utility commissions or the actions described in paragraphs (1) and Materials Safety Administration shall sub- State officials responsible for pipeline safety (2) of subsection (a). mit to Congress a review of Pipeline and oversight; (2) CESSATION OF EFFECTIVENESS.—Para- Hazardous Materials Safety Administration (6) State pipeline safety inspectors; and graph (1) shall cease to be effective on Sep- staff resource management, including geo- (7) labor representatives. tember 30, 2019. graphic allocation plans, hiring challenges, (c) CONSIDERATIONS.—The working group described in subsection (a) shall consider and SEC. 6010. PIPELINE ODORIZATION STUDY. and expected retirement rates and strate- Not later than 180 days after the date of gies. The review shall include recommenda- provide recommendations, if applicable, to the enactment of this Act, the Comptroller tions to address hiring challenges, training the Secretary on— General of the United States shall submit a needs, and any other identified staff resource (1) the need for and the identification of a report to the Committee on Commerce, challenges. system to ensure that dig verification data is Science, and Transportation of the Senate (b) CRITICAL HIRING NEEDS.— shared with inline inspection operators to and the Committee on Transportation and (1) IN GENERAL.—Beginning on the date on the extent consistent with the need to main- Infrastructure of the House of Representa- which the review is submitted under sub- tain proprietary and security sensitive data tives that assesses— section (a), the Administrator may certify to in a confidential manner to improve pipeline (1) the feasibility of odorizing all combus- Congress, not less frequently than annually, safety and inspection technology; tible gas in transportation; that a severe shortage of qualified can- (2) ways to encourage the exchange of pipe- (2) the impacts of the odorization of all didates or a critical hiring need exists for a line inspection information and the develop- combustible gas in transportation on manu- position or group of positions in the Pipeline ment of advanced pipeline inspection tech- facturers, agriculture, and other end users; and Hazardous Material Safety Administra- nologies and enhanced risk analysis; and tion. (3) opportunities to share data, including (3) the relative benefits and costs associ- (2) DIRECT HIRE AUTHORITY.—Notwith- dig verification data between operators of ated with odorizing all combustible gas in standing sections 3309 through 3318 of title 5, pipeline facilities and in-line inspector ven- transportation, including impacts on health United States Code, the Administrator, after dors to expand knowledge of the advantages and safety, compared to using other methods making a certification under paragraph (1), and disadvantages of the different types of to mitigate pipeline leaks. may hire a candidate for the position or can- in-line inspection technology and meth- SEC. 6011. IMPROVING DAMAGE PREVENTION didates for the group of positions indicated odologies; TECHNOLOGY. in the certification, as applicable. (4) options to create a secure system that (a) STUDY.—The Secretary of Transpor- (3) TERMINATIONS OF EFFECTIVENESS.—The protects proprietary data while encouraging tation, in consultation with stakeholders, direct hire authority provided under para- the exchange of pipeline inspection informa- shall conduct a study on improving existing graph (2) shall terminate on September 30, tion and the development of advanced pipe- damage prevention programs through tech- 2019. line inspection technologies and enhanced nological improvements in location, map- SEC. 6013. RESEARCH AND DEVELOPMENT. risk analysis; and ping, excavation, and communications prac- (a) IN GENERAL.—In developing a research (5) regulatory, funding, and legal barriers tices to prevent accidental excavation dam- and development program plan under para- to sharing the information described in para- age to a pipe or its coating, including consid- graph (3) of section 12(d) of the Pipeline Safe- graphs (1) through (4). erations of technical, operational, and eco- ty Improvement Act of 2002 (49 U.S.C. 60101 (d) FACA.—The working group shall not be nomic feasibility and existing damage pre- note), the Administrator of the Pipeline and subject to the Federal Advisory Committee vention programs. Hazardous Material Safety Administration, Act (5 U.S.C. App.). (b) CONTENTS.—The study under subsection in consultation with the Assistant Secretary (e) PUBLICATION.—The Secretary shall pub- (a) shall include— for Research and Technology, shall— lish the recommendations provided under

VerDate Sep 11 2014 03:25 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.025 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S434 CONGRESSIONAL RECORD — SENATE February 1, 2016 subsection (c) on a publicly available ‘‘(3) consider existing consensus standards. SEC. 6019. HIGH CONSEQUENCE AREAS. website. ‘‘(c) USER FEES.— The Secretary of Transportation shall re- SEC. 6015. NATIONWIDE INTEGRATED PIPELINE ‘‘(1) IN GENERAL.—A fee shall be imposed on vise section 195.6(b) of title 49, Code of Fed- SAFETY REGULATORY DATABASE. an entity operating an underground natural eral Regulations to explicitly state that the (a) REPORT.—Not later than 18 months gas storage facility to which this section ap- Great Lakes are a USA ecological resource after the date of the enactment of this Act, plies. Any such fee imposed shall be col- (as defined in section 195.6(b) of that title) the Secretary of Transportation shall submit lected before the end of the fiscal year to for purposes of determining whether a pipe- a report to Congress on the feasibility of a which it applies. line is in a high consequence area (as defined national integrated pipeline safety regu- ‘‘(2) MEANS OF COLLECTION.—The Secretary in section 195.450 of that title). latory inspection database to improve com- shall prescribe procedures to collect fees under this subsection. The Secretary may SEC. 6020. SURFACE TRANSPORTATION SECURITY munication and collaboration between the REVIEW. Pipeline and Hazardous Materials Safety Ad- use a department, agency, or instrumen- Not later than 1 year after the date of the ministration and State pipeline regulators. tality of the United States Government or of enactment of this Act, the Comptroller Gen- (b) CONTENTS.—The report under sub- a State or local government to collect the section (a) shall include— fee and may reimburse the department, eral of the United States shall submit a re- (1) a description of any efforts currently agency, or instrumentality a reasonable port to Congress on the staffing, resource al- underway to test a secure information-shar- amount for its services. location, oversight strategy, and manage- ment of the Transportation Security Admin- ing system for the purpose described in sub- ‘‘(3) USE OF FEES.— istration’s pipeline security program and section (a); ‘‘(A) ACCOUNT.—There is established an un- (2) a description of any progress in estab- derground natural gas storage facility safety other surface transportation programs. The lishing common standards for maintaining, account in the Pipeline Safety Fund estab- report shall include information on the co- collecting, and presenting pipeline safety lished under section 60301, in the Treasury of ordination between the Transportation Secu- regulatory inspection data, and a method- the United States. rity Administration, other Federal stake- holders, and industry. ology for the sharing of the data; ‘‘(B) USE OF FEES.—A fee collected under (3) a description of any existing inadequa- this subsection— SEC. 6021. SMALL SCALE LIQUEFIED NATURAL cies or gaps in State and Federal inspection, ‘‘(i) shall be deposited in the underground GAS FACILITIES. enforcement, geospatial, or other pipeline natural gas storage facility safety account; (a) DEFINED TERM.—Section 60101(a), as safety regulatory inspection data; and amended by section 6016, is further amended (4) a description of the potential safety ‘‘(ii) if the fee is related to an underground by inserting after paragraph (25) the fol- benefits of a national integrated pipeline natural gas storage facility, may be used lowing: database; and only for an activity related to underground ‘‘(26) ‘small scale liquefied natural gas fa- (5) recommendations for how to implement natural gas storage safety under this sec- cility’ means a permanent intrastate lique- a secure information-sharing system that tion. fied natural gas facility (other than a peak protects proprietary and security sensitive ‘‘(C) LIMITATION.—Amounts collected under shaving facility) that produces liquefied nat- information and data for the purpose de- this subsection shall be made available only ural gas for— scribed in subsection (a). to the extent provided in advance in an ap- ‘‘(A) use as a fuel in the United States; or (c) CONSULTATION.—In preparing the report propriation law for an activity related to un- ‘‘(B) transportation in the United States under subsection (a), the Secretary shall derground natural gas storage safety. by a means other than a pipeline facility; consult with stakeholders, including each ‘‘(d) RULES OF CONSTRUCTION.— and’’. State authority operating under a certifi- ‘‘(1) IN GENERAL.—Nothing in this section (b) SITING STANDARDS FOR PERMANENT cation to regulate intrastate pipelines under may be construed to affect any Federal regu- SMALL SCALE LIQUEFIED NATURAL GAS FA- section 60105 of title 49, United States Code. lation relating to gas pipeline facilities that CILITIES.—Section 60103(a) is amended to read SEC. 6016. UNDERGROUND NATURAL GAS STOR- is in effect on the day before the date of en- as follows: actment of the SAFE PIPES Act. AGE FACILITIES. ‘‘(a) LOCATION STANDARDS.— ‘‘(2) LIMITATIONS.—Nothing in this section (a) DEFINED TERM.—Section 60101(a) is ‘‘(1) IN GENERAL.—The Secretary of Trans- amended— may be construed to authorize the Sec- portation shall prescribe minimum safety (1) in paragraph (21)(B), by striking the pe- retary— standards for deciding on the permanent lo- riod at the end and inserting a semicolon; ‘‘(A) to prescribe the location of an under- cation of a new liquefied natural gas pipeline (2) in paragraph (24), by striking ‘‘and’’ at ground natural gas storage facility; or facility or small scale liquefied natural gas the end; ‘‘(B) to require the Secretary’s permission facility. to construct a facility referred to in subpara- (3) in paragraph (25), by striking the period ‘‘(2) LIQUEFIED NATURAL GAS FACILITIES.—In at the end and inserting a semicolon; and graph (A).’’. prescribing a minimum safety standard for LERICAL AMENDMENT.—The table of (4) by adding at the end the following: (c) C deciding on the permanent location of a new sections for chapter 601 is amended by insert- ‘‘(27) ‘underground natural gas storage fa- liquefied natural gas facility, the Secretary ing after the item relating to section 60103 cility’ means a gas pipeline facility that of Transportation shall consider— the following: stores gas in an underground facility, includ- ‘‘(A) the kind and use of the facility; ing— ‘‘60103A. Standards for underground natural ‘‘(B) the existing and projected population ‘‘(A) a depleted hydrocarbon reservoir; gas storage facilities.’’. and demographic characteristics of the loca- ‘‘(B) an aquifer reservoir; or SEC. 6017. JOINT INSPECTION AND OVERSIGHT. tion; ‘‘(C) a solution mined salt cavern res- To ensure the safety of pipeline transpor- ‘‘(C) the existing and proposed land uses ervoir.’’. tation, the Secretary of Transportation shall near the location; (b) STANDARDS FOR UNDERGROUND NATURAL coordinate with States to ensure safety ‘‘(D) the natural physical aspects of the lo- GAS STORAGE FACILITIES.—Chapter 601 is through the following: cation; amended by inserting after section 60103 the (1) At the request of a State authority, the ‘‘(E) medical, law enforcement, and fire following: Secretary shall allow for a certified state au- prevention capabilities near the location ‘‘§ 60103A. Standards for underground nat- thority under section 60105 of title 49, United that can cope with a risk caused by the facil- ural gas storage facilities States Code, to participate in the inspection ity; and ‘‘(a) MINIMUM UNIFORM SAFETY STAND- of an interstate pipeline facility. ‘‘(F) the need to encourage remote siting. ARDS.—Not later than 2 years after the date (2) Where appropriate, may provide tem- ‘‘(3) SMALL SCALE LIQUEFIED NATURAL GAS of the enactment of the SAFE PIPES Act, porary authority for a certified State au- FACILITIES.— the Secretary of Transportation, in consulta- thority under that section to participate in ‘‘(A) IN GENERAL.—Not later than 18 tion with the heads of other relevant Federal oversight of interstate pipeline safety trans- months after the date of the enactment of agencies, shall issue minimum uniform safe- portation to ensure proper safety oversight the SAFE PIPES Act, the Secretary of ty standards, incorporating, to the extent and prevent an adverse impact on public Transportation shall prescribe minimum practicable, consensus standards for the op- safety. safety standards for permanent small scale eration, environmental protection, and in- SEC. 6018. RESPONSE PLANS. liquefied natural gas facilities. tegrity management of underground natural In preparing or reviewing a response plan ‘‘(B) CONSIDERATIONS.—In prescribing min- gas storage facilities. under part 194 of title 49, Code of Federal imum safety standards under this paragraph, ‘‘(b) CONSIDERATIONS.—In developing uni- Regulations, the Administrator of the Pipe- the Secretary shall consider— form safety standards under subsection (a), line and Hazardous Materials Safety Admin- ‘‘(i) the value of establishing risk-based ap- the Secretary shall— istration and an operator shall each address, proaches; ‘‘(1) consider the economic impacts of the to the maximum extent practicable, the im- ‘‘(ii) the benefit of incorporating industry regulations on individual gas customers to pact of a worse case discharge of oil, or the standards and best practices; the extent practicable; substantial threat of such a discharge, into ‘‘(iii) the need to encourage the use of best ‘‘(2) ensure that the regulations do not or on any navigable waters or adjoining available technology; and have a significant economic impact on end shorelines that may be covered in whole or ‘‘(iv) the factors prescribed in paragraph users to the extent practicable; and in part by ice. (2), as appropriate.’’.

VerDate Sep 11 2014 03:25 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.025 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S435 SEC. 6022. REPORT ON NATURAL GAS LEAK RE- Pipeline and Hazardous Materials Safety Ad- of the species gray wolf (Canis lupus) that PORTING. ministration, the Administrator shall, not the Director determines after the date of en- (a) IN GENERAL.—Not later than 1 year later than 90 days after such submission, re- actment of this Act will take the place of, or after the date of the enactment of this Act, view such recommendations and report to correspond with, the subspecies designated the Administrator of the Pipeline and Haz- Congress on the feasibility of implementing as Mexican gray wolf (Canis lupus baileyi) on ardous Materials Safety Administration such recommendations. If the Administrator that date of enactment. shall submit to Congress a report on the determines that the recommendations would (b) REQUIREMENT.—Notwithstanding any metrics provided to the Pipeline and Haz- significantly improve pipeline safety, the other provision of law (including regula- ardous Materials Safety Administration and Administrator shall, not later than 180 days tions), effective beginning on the date on other Federal and State agencies related to after making such determination and in co- which the Director makes a positive deter- lost and unaccounted for natural gas from ordination with the heads of other relevant mination under subsection (c)— distribution pipelines and systems. agencies as appropriate, issue regulations, as (1) the Mexican gray wolf shall no longer (b) ELEMENTS.—The report required under the Administrator determines appropriate, be included on any list of endangered species, subsection (a) shall include the following ele- to implement the recommendations. threatened species, or experimental popu- ments: SEC. 6024. PROVISION OF RESPONSE PLANS TO lations under the Endangered Species Act of (1) An examination of different reporting APPROPRIATE COMMITTEES OF 1973 (16 U.S.C. 1531 et seq.); and requirements or standards for lost and unac- CONGRESS. (2) management of the Mexican gray wolf counted for natural gas to different agencies, (a) PROVISION OF RESPONSE PLANS TO AP- shall be assumed by each State in which the the reasons for any such discrepancies, and PROPRIATE COMMITTEES OF CONGRESS.—Not- Mexican gray wolf is present, effective begin- recommendations for harmonizing and im- withstanding subsection (a)(2) of section ning on the date of the determination. proving the accuracy of reporting. 60138 of title 49, United States Code, upon the (c) DETERMINATION BY DIRECTOR.— (2) An analysis of whether separate or al- request of the Chairperson or Ranking Mem- (1) IN GENERAL.—Not later than 90 days ternative reporting could better measure the ber of an appropriate committee of Congress, after the date of enactment of this Act, the amounts and identify the location of lost and the Administrator of the Pipeline and Haz- Director shall determine whether a popu- unaccounted for natural gas from natural ardous Materials Safety Administration, lation of not fewer than 100 Mexican gray gas distribution systems. shall provide the Chairperson or Ranking wolves in a 5,000-square-mile area within the (3) A description of potential safety issues Member, as applicable, an unredacted copy historic range of the Mexican gray wolf has associated with natural gas that is lost and of a response plan under that section. been established, as described in the Mexican unaccounted for from natural gas distribu- (b) RULE OF CONSTRUCTION.—Nothing in Wolf Recovery Plan of 1982 prepared by the tion systems. this section shall be construed as affecting Mexican Wolf Recovery Team (U.S. Fish and (4) An assessment of whether alternate re- the provision of any other report, data, or Wildlife Service. 1982. Mexican Wolf Recov- porting and measures will resolve any safety other information to Congress, or its han- ery Plan. U.S. Fish and Wildlife Service, Al- issues identified under paragraph (3), includ- dling thereof. buquerque, New Mexico. 103 pp.) ing an analysis of the potential impact, in- SEC. 6025. CONSULTATION WITH FERC AS PART (2) STANDARDS AND PROCEDURES.—A deter- cluding potential savings, on rate payers and OF PRE-FILING PROCEDURES AND mination under paragraph (1) shall be made end users of natural gas products of such re- PERMITTING PROCESS FOR NEW in accordance with applicable standards and porting and measures. NATURAL GAS PIPELINE INFRA- procedures used by the Director in deter- (c) CONSIDERATION OF RECOMMENDATIONS.— STRUCTURE. mining the status of a species under the En- If the Administrator determines that alter- Where appropriate, the Administrator of dangered Species Act of 1973 (16 U.S.C. 1531 et nate reporting structures or recommenda- the Pipeline and Hazardous Materials Safety seq.). tions included in the report required under Administration shall consult with the Fed- subsection (a) would significantly improve eral Energy Regulatory Commission during SA 3165. Mr. MARKEY submitted an the reporting and measurement of lost and its pre-filing procedures and permitting amendment intended to be proposed to unaccounted for gas or safety of systems, the process for new natural gas pipeline infra- amendment SA 2953 proposed by Ms. Administrator shall, not later than 180 days structure to ensure the protection of people and the environment from the potential MURKOWSKI to the bill S. 2012, to pro- after making such determination, issue regu- vide for the modernization of the en- lations, as the Administrator determines ap- risks of hazardous materials transportation propriate, to implement the recommenda- by pipeline. ergy policy of the United States, and tions. SEC. 6026. MAINTENANCE OF EFFORT. for other purposes; which was ordered SEC. 6023. COMPTROLLER GENERAL REVIEW OF Section 60107(b) is amended to read as fol- to lie on the table; as follows: STATE POLICIES RELATING TO NAT- lows: At the end of part I of subtitle A of title URAL GAS LEAKS. ‘‘(b) PAYMENTS.—After notifying and con- III, add the following: (a) REVIEW.—The Comptroller General of sulting with a State authority, the Sec- SEC. 30ll. PUMPED STORAGE HYDROPOWER the United States shall conduct a State-by- retary may withhold any part of a payment COMPENSATION. State review of State-level policies that— when the Secretary decides that the author- Not later than 180 days after the date of (1) encourage the repair and replacement ity is not carrying out satisfactorily a safety enactment of this Act, the Federal Energy of leaking natural gas distribution pipelines program or not acting satisfactorily as an Regulatory Commission shall initiate a pro- or systems that pose a safety threat, such as agent. The Secretary may pay an authority ceeding to identify and determine the mar- timelines to repair leaks and limits on cost under this section only when the authority ket, procurement, and cost recovery mecha- recovery from ratepayers; and ensures the Secretary that it will provide nisms that would— (2) that may create barriers for entities to the remaining costs of a safety program, ex- (1) encourage development of pumped stor- conduct work to repair and replace leaking cept when the Secretary waives this require- age hydropower assets; and natural gas pipelines or distribution sys- ment.’’. (2) properly compensate those assets for tems. the full range of services provided to the (b) REPORT.—Not later than 1 year after SA 3164. Mr. FLAKE submitted an power grid, including— the date of the enactment of this Act, the amendment intended to be proposed by (A) balancing electricity supply and de- Comptroller General shall submit to Con- him to the bill S. 2012, to provide for mand; gress and the Pipeline and Hazardous Mate- the modernization of the energy policy (B) ensuring grid reliability; and rials Safety Administration a report summa- of the United States, and for other pur- (C) cost-effectively integrating intermit- rizing the findings of the review conducted tent power sources into the grid. under subsection (a) and making rec- poses; which was ordered to lie on the ommendations on Federal or State policies table; as follows: SA 3166. Mrs. SHAHEEN (for herself or best practices that may improve safety by At the appropriate place, insert the fol- and Mr. MARKEY) submitted an amend- accelerating the repair and replacement of lowing: ment intended to be proposed by her to natural gas pipelines or systems that are SEC. lll. DELISTING OF MEXICAN GRAY the bill S. 2012, to provide for the mod- leaking or releasing natural gas, including WOLVES. policies within the jurisdiction of the Pipe- (a) DEFINITIONS.—In this section: ernization of the energy policy of the line and Hazardous Materials Safety Admin- (1) DIRECTOR.—The term ‘‘Director’’ means United States, and for other purposes; istration. The report shall consider the po- the Director of the United States Fish and which was ordered to lie on the table; tential impact, including potential savings, Wildlife Service. as follows: of the implementation of its recommenda- (2) MEXICAN GRAY WOLF.— At the end of subtitle E of title IV, add the tions on ratepayers or end users of the nat- (A) IN GENERAL.—The term ‘‘Mexican gray following: ural gas pipeline system. wolf’’ means the subspecies Mexican gray SEC. 44ll. FEDERAL ENERGY REGULATORY (c) CONSIDERATION OF RECOMMENDATIONS.— wolf (Canis lupus baileyi) of the species gray COMMISSION PERMITTING AND RE- If the Comptroller General makes rec- wolf (Canis lupus). VIEW. ommendations in the report submitted under (B) INCLUSION.—The term ‘‘Mexican gray (a) FINDINGS.—The Senate finds that— subsection (a) on Federal or State policies or wolf’’ includes any subspecies, distinct popu- (1) the Federal Government plays a central best practices within the jurisdiction of the lation segment, or experimental population role in the review and approval of projects to

VerDate Sep 11 2014 03:25 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.025 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S436 CONGRESSIONAL RECORD — SENATE February 1, 2016 maintain and build the energy infrastructure to the municipal water system after passing SEC. 22ll. EXPORT AUTHORIZATION EXCEPTION of the United States, including— through the heat exchanger. FOR SMALL-SCALE NATURAL GAS (A) interstate gas pipelines; PROJECTS. (B) projects that cross Federal land; and SA 3168. Mr. PORTMAN (for himself, The export of low-level volumes of natural (C) projects that impact wildlife, cultural Ms. CANTWELL, Mrs. SHAHEEN, Mr. gas, measured at not more than 0.25 billion cubic feet per day of natural gas on an or historic resources, or waters of the United MCCONNELL, and Mr. DONNELLY) sub- annualized basis per project, shall not re- States; mitted an amendment intended to be (2) the Federal Energy Regulatory Com- quire an authorization order of the Secretary mission— proposed by him to the bill S. 2012, to under section 3(a) of the Natural Gas Act (15 (A) has jurisdiction under section 7 of the provide for the modernization of the U.S.C. 717b(a)). Natural Gas Act (15 U.S.C. 717f) to regulate energy policy of the United States, and interstate natural gas pipelines, including for other purposes; which was ordered SA 3170. Mr. SULLIVAN (for himself, siting of the interstate natural gas pipelines; to lie on the table; as follows: Mrs. CAPITO, and Mr. CASEY) submitted and At the appropriate place, insert the fol- an amendment intended to be proposed (B) is required under section 15 of the Nat- lowing: by him to the bill S. 2012, to provide for ural Gas Act (15 U.S.C. 717n), as a lead agen- SEC. llll. APPLICATION OF ENERGY CON- the modernization of the energy policy cy, to coordinate with other Federal agen- SERVATION STANDARDS TO CER- cies in the environmental review and proc- of the United States, and for other pur- TAIN EXTERNAL POWER SUPPLIES. poses; which was ordered to lie on the essing of each Federal authorization relating (a) DEFINITION OF EXTERNAL POWER SUP- to natural gas infrastructure; PLY.—Section 321(36)(A) of the Energy Policy table; as follows: (3) a report of the Government Account- and Conservation Act (42 U.S.C. 6291(36)(A)) At the end of the bill, add the following: ability Office entitled ‘‘Pipeline Permitting: is amended— TITLE VI—VESSEL INCIDENTAL Interstate and Intrastate Natural Gas Per- (1) by striking the subparagraph designa- DISCHARGE ACT mitting Processes Include Multiple Steps, tion and all that follows through ‘‘The term’’ and Time Frames Vary’’, and dated February and inserting the following: SEC. 601. SHORT TITLE. 2013, reported that— ‘‘(A) EXTERNAL POWER SUPPLY.— This title may be cited as the ‘‘Vessel Inci- (A) public interest groups and State offi- ‘‘(i) IN GENERAL.—The term’’; and dental Discharge Act’’. cials that were interviewed believed that (2) by adding at the end the following: SEC. 602. FINDINGS; PURPOSE. members of the public need more oppor- ‘‘(ii) EXCLUSION.—The term ‘external power (a) FINDINGS.—Congress makes the fol- tunity to comment on a proposed pipeline supply’ does not include a power supply cir- lowing findings: project during the permitting process con- cuit, driver, or device that is designed exclu- (1) Since the enactment of the Act to Pre- ducted by the Federal Energy Regulatory sively to be connected to, and power— vent Pollution from Ships (22 U.S.C. 1901 et Commission; and ‘‘(I) light-emitting diodes providing illu- seq.) in 1980, the United States Coast Guard (B) officials from Federal and State agen- mination; has been the principal Federal authority cies and representatives from industry and ‘‘(II) organic light-emitting diodes pro- charged with administering, enforcing, and public interest groups reported several man- viding illumination; or prescribing regulations relating to the dis- agement practices that— ‘‘(III) ceiling fans using direct current mo- charge of pollutants from vessels engaged in (i) could help overcome challenges; tors.’’. maritime commerce and transportation. (ii) are associated with an efficient permit- (b) STANDARDS FOR LIGHTING POWER SUP- (2) The Coast Guard estimates there are ting process and obtaining public input; and PLY CIRCUITS.— approximately 21,560,000 State-registered (iii) include— (1) DEFINITION.—Section 340(2)(B) of the En- recreational vessels, 75,000 commercial fish- (I) ensuring effective collaboration among ergy Policy and Conservation Act (42 U.S.C. ing vessels, and 33,000 freight and tank the numerous stakeholders involved in the 6311(2)(B)) is amended by striking clause (v) barges operating in United States waters. permitting process; and and inserting the following: (3) From 1973 to 2005, certain discharges in- (II) increasing opportunities for public ‘‘(v) electric lights and lighting power sup- cidental to the normal operation of a vessel comment; and ply circuits;’’. were exempted by regulation from otherwise (4) robust engagement by the public and (2) ENERGY CONSERVATION STANDARD FOR applicable permitting requirements. stakeholders is essential for the credibility CERTAIN EQUIPMENT.—Section 342 of the En- (4) During the 32 years during which this of the siting, permitting, and review of Fed- ergy Policy and Conservation Act (42 U.S.C. regulatory exemption was in effect, Congress eral processes by the Federal Energy Regu- 6313) is amended by adding at the end the fol- enacted several statutes to deal with the reg- latory Commission. lowing: ulation of discharges incidental to the nor- (b) SENSE OF THE SENATE.—It is the sense ‘‘(g) LIGHTING POWER SUPPLY CIRCUITS.—If mal operation of a vessel, including— of the Senate that, in accordance with Exec- the Secretary, acting pursuant to section (A) the Act to Prevent Pollution from utive Order 13604 (5 U.S.C. 601 note; relating 341(b), includes as a covered equipment solid Ships (33 U.S.C. 1901 et seq.) in 1980; to improving performance of Federal permit- state lighting power supply circuits, drivers, (B) the Nonindigenous Aquatic Nuisance ting and review of infrastructure projects), or devices described in section 321(36)(A)(ii), Prevention and Control Act of 1990 (16 U.S.C. the Federal Energy Regulatory Commission the Secretary may prescribe under this part, 4701 et seq.); should prioritize meaningful public engage- not earlier than 1 year after the date on ment and coordination with State and local (C) the National Invasive Species Act of which a test procedure has been prescribed, governments to ensure that the Federal per- 1996 (110 Stat. 4073); an energy conservation standard for such mitting and review processes of the Federal (D) section 415 of the Coast Guard Author- equipment.’’. Energy Regulatory Commission— ization Act of 1998 (112 Stat. 3434) and section (c) TECHNICAL CORRECTIONS.— (1) remain transparent and consistent; and 623 of the Coast Guard and Maritime Trans- (1) Section 321(6)(B) of the Energy Policy (2) ensure the health, safety, and security portation Act of 2004 (33 U.S.C. 1901 note), and Conservation Act (42 U.S.C. 6291(6)(B)) is of the environment and each community af- which established interim and permanent re- amended by striking ‘‘(19)’’ and inserting fected by the Federal permitting and review quirements, respectively, for the regulation ‘‘(20)’’. processes. of vessel discharges of certain bulk cargo (2) Section 324 of the Energy Policy and residue; SA 3167. Mr. BOOKER submitted an Conservation Act (42 U.S.C. 6294) is amended (E) title XIV of division B of Appendix D of amendment intended to be proposed to by striking ‘‘(19)’’ each place it appears in the Consolidated Appropriations Act, 2001 amendment SA 2953 proposed by Ms. each of subsections (a)(3), (b)(1)(B), (b)(3), (114 Stat. 2763), which prohibited or limited and (b)(5) and inserting ‘‘(20)’’. certain vessel discharges in certain areas of MURKOWSKI to the bill S. 2012, to pro- (3) Section 325(l) of the Energy Policy and Alaska; vide for the modernization of the en- Conservation Act (42 U.S.C. 6295(l)) is amend- (F) section 204 of the Maritime Transpor- ergy policy of the United States, and ed by striking ‘‘paragraph (19)’’ each place it tation Security Act of 2002 (33 U.S.C. 1902a), for other purposes; which was ordered appears and inserting ‘‘paragraph (20)’’. which established requirements for the regu- to lie on the table; as follows: lation of vessel discharges of agricultural On page 239, strike lines 3 through 7 and in- SA 3169. Mr. SULLIVAN submitted cargo residue material in the form of hold sert the following: an amendment intended to be proposed washings; and contain a mix of water and working fluid; to amendment SA 2953 proposed by Ms. (G) title X of the Coast Guard Authoriza- ‘‘(B) an open loop system, which circulates MURKOWSKI to the bill S. 2012, to pro- tion Act of 2010 (33 U.S.C. 3801 et seq.), which ground or surface water directly into the vide for the modernization of the en- provided for the implementation of the International Convention on the Control of building and returns the water to the same ergy policy of the United States, and aquifer or surface water source; or Harmful Anti-Fouling Systems on Ships, ‘‘(C) a heat exchanger to transfer heat be- for other purposes; which was ordered 2001. tween a potable municipal water supply and to lie on the table; as follows: (b) PURPOSE.—The purpose of this title is a closed interior loop employing heat pumps, On page 171, between lines 15 and 16, insert to provide for the establishment of nation- in which the potable water could be returned the following: ally uniform and environmentally sound

VerDate Sep 11 2014 03:25 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.026 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S437 standards and requirements for the manage- (II) weather deck runoff, deck wash, aque- (C) shall supersede any permitting require- ment of discharges incidental to the normal ous film forming foam effluent, chain locker ment or prohibition on discharges incidental operation of a vessel. effluent, non-oily machinery wastewater, un- to the normal operation of a vessel under SEC. 603. DEFINITIONS. derwater ship husbandry effluent, welldeck any other provision of law. In this title: effluent, or fish hold and fish hold cleaning (3) RULE OF CONSTRUCTION.—The standards (1) ADMINISTRATOR.—The term ‘‘Adminis- effluent; or and requirements established under para- trator’’ means the Administrator of the En- (III) any effluent from a properly func- graph (1) shall not supersede regulations, in vironmental Protection Agency. tioning marine engine; or place on the date of the enactment of this (2) AQUATIC NUISANCE SPECIES.—The term (ii) a discharge of a pollutant into navi- Act or established by a rulemaking pro- ‘‘aquatic nuisance species’’ means a non- gable waters in connection with the testing, ceeding after such date of enactment, which indigenous species (including a pathogen) maintenance, or repair of a system, equip- cover a discharge in a national marine sanc- that threatens the diversity or abundance of ment, or engine described in subclause (I)(bb) tuary or in a marine national monument. native species or the ecological stability of or (III) of clause (i) whenever the vessel is (b) ADMINISTRATION AND ENFORCEMENT.— navigable waters or commercial, agricul- waterborne. The Secretary shall administer and enforce tural, aquacultural, or recreational activi- (B) EXCLUSIONS.—The term ‘‘discharge in- the uniform national standards and require- ties dependent on such waters. cidental to the normal operation of a vessel’’ ments under this title. Each State may en- (3) BALLAST WATER.— does not include— force the uniform national standards and re- (A) IN GENERAL.—The term ‘‘ballast water’’ (i) a discharge into navigable waters from quirements under this title. means any water and water-suspended mat- a vessel of— ter taken aboard a vessel— (I) rubbish, trash, garbage, incinerator ash, (c) SANCTIONS.— (i) to control or maintain trim, list, or other such material discharged overboard; (1) CIVIL PENALTIES.— draught, stability, or stresses of the vessel; (II) oil or a hazardous substance as those (A) BALLAST WATER.—Any person who vio- or terms are defined in section 311 of the Fed- lates a regulation issued pursuant to this (ii) during the cleaning, maintenance, or eral Water Pollution Control Act (33 U.S.C. title regarding a discharge incidental to the other operation of a ballast water treatment 1321); normal operation of a vessel of ballast water technology of the vessel. (III) sewage as defined in section 312(a)(6) shall be liable for a civil penalty in an (B) EXCLUSIONS.—The term ‘‘ballast water’’ of the Federal Water Pollution Control Act amount not to exceed $25,000. Each day of a does not include any substance that is added (33 U.S.C. 1322(a)(6)); or continuing violation constitutes a separate to water described in subparagraph (A) that (IV) graywater referred to in section violation. is not directly related to the operation of a 312(a)(6) of the Federal Water Pollution Con- (B) OTHER DISCHARGE.—Any person who properly functioning ballast water treatment trol Act (33 U.S.C. 1322(a)(6)); violates a regulation issued pursuant to this technology under this title. (ii) an emission of an air pollutant result- title regarding a discharge incidental to the (4) BALLAST WATER DISCHARGE STANDARD.— ing from the operation onboard a vessel of a normal operation of a vessel other than bal- The term ‘‘ballast water discharge standard’’ vessel propulsion system, motor driven last water shall be liable for a civil penalty means the numerical ballast water discharge equipment, or incinerator; or in an amount not to exceed $10,000. Each day standard set forth in section 151.2030 of title (iii) a discharge into navigable waters from of a continuing violation constitutes a sepa- 33, Code of Federal Regulations or section a vessel when the vessel is operating in a ca- rate violation. 151.1511 of title 33, Code of Federal Regula- pacity other than as a means of transpor- (C) IN REM LIABILITY.—A vessel operated in tions, as applicable, or a revised numerical tation on water. violation of a regulation issued under this ballast water discharge standard established (8) GEOGRAPHICALLY LIMITED AREA.—The title shall be liable in rem for any civil pen- under subsection (a)(1)(B), (b), or (c) of sec- term ‘‘geographically limited area’’ means alty assessed under this subsection for that tion 605. an area— violation. (5) BALLAST WATER MANAGEMENT SYSTEM; (A) with a physical limitation, including (2) CRIMINAL PENALTIES.— MANAGEMENT SYSTEM.—The terms ‘‘ballast limitation by physical size and limitation by (A) BALLAST WATER.—Any person who water management system’’ and ‘‘manage- authorized route such as the Great Lakes knowingly violates a regulation issued pur- ment system’’ mean any system, including and St. Lawrence River, that prevents a ves- suant to this title regarding a discharge inci- all ballast water treatment equipment and sel from operating outside the area, as deter- dental to the normal operation of a vessel of associated control and monitoring equip- mined by the Secretary; or ballast water shall be punished by a fine of ment, used to process ballast water to kill, (B) that is ecologically homogeneous, as not more than $100,000, imprisonment for not remove, render harmless, or avoid the up- determined by the Secretary, in consultation more than 2 years, or both. with the heads of other Federal departments take or discharge of organisms. (B) OTHER DISCHARGE.—Any person who (6) BIOCIDE.—The term ‘‘biocide’’ means a or agencies as the Secretary considers appro- knowingly violates a regulation issued pur- substance or organism, including a virus or priate. suant to this title regarding a discharge inci- fungus, that is introduced into or produced (9) MANUFACTURER.—The term ‘‘manufac- dental to the normal operation of a vessel by a ballast water management system to re- turer’’ means a person engaged in the manu- other than ballast water shall be punished by facture, assemblage, or importation of bal- duce or eliminate aquatic nuisance species a fine of not more than $50,000, imprisonment last water treatment technology. as part of the process used to comply with a for not more than 1 year, or both. ballast water discharge standard under this (10) NAVIGABLE WATERS.—The term ‘‘navi- (3) REVOCATION OF CLEARANCE.—The Sec- gable waters’’ has the meaning given the title. retary shall withhold or revoke the clear- ISCHARGE INCIDENTAL TO THE NORMAL term in section 2.36 of title 33, Code of Fed- (7) D ance of a vessel required under section 60105 OPERATION OF A VESSEL.— eral Regulations, as in effect on the date of of title 46, United States Code, if the owner (A) IN GENERAL.—The term ‘‘discharge inci- the enactment of this Act. or operator of the vessel is in violation of a dental to the normal operation of a vessel’’ (11) SECRETARY.—The term ‘‘Secretary’’ regulation issued pursuant to this Act. means— means the Secretary of the department in (4) EXCEPTION TO SANCTIONS.—It shall be an (i) a discharge into navigable waters from which the Coast Guard is operating. affirmative defense to any charge of a viola- a vessel of— (12) VESSEL.—The term ‘‘vessel’’ means tion of this title that compliance with this (I)(aa) ballast water, graywater, bilge every description of watercraft or other arti- title would, because of adverse weather, water, cooling water, oil water separator ef- ficial contrivance used, or practically or oth- equipment failure, or any other relevant con- fluent, anti-fouling hull coating leachate, erwise capable of being used, as a means of dition, have threatened the safety or sta- boiler or economizer blowdown, byproducts transportation on water. bility of a vessel, its crew, or its passengers. from cathodic protection, controllable pitch SEC. 604. REGULATION AND ENFORCEMENT. propeller and thruster hydraulic fluid, dis- (a) IN GENERAL.— SEC. 605. UNIFORM NATIONAL STANDARDS AND tillation and reverse osmosis brine, elevator (1) ESTABLISHMENT.—The Secretary, in REQUIREMENTS FOR THE REGULA- pit effluent, firemain system effluent, fresh- consultation with the Administrator, shall TION OF DISCHARGES INCIDENTAL water layup effluent, gas turbine wash establish, implement, and enforce uniform TO THE NORMAL OPERATION OF A water, motor gasoline and compensating ef- national standards and requirements for the VESSEL. fluent, refrigeration and air condensate ef- regulation of discharges incidental to the (a) REQUIREMENTS.— fluent, seawater pumping biofouling preven- normal operation of a vessel. (1) BALLAST WATER MANAGEMENT REQUIRE- tion substances, boat engine wet exhaust, (2) BASIS.—Except as provided under para- MENTS.— sonar dome effluent, exhaust gas scrubber graph (3), the standards and requirements es- (A) IN GENERAL.—Notwithstanding any washwater, or stern tube packing gland ef- tablished under paragraph (1)— other provision of law, the requirements set fluent; or (A) with respect to ballast water, shall be forth in the final rule, Standards for Living (bb) any other pollutant associated with based upon the best available technology Organisms in Ships’ Ballast Water Dis- the operation of a marine propulsion system, that is economically achievable; charged in U.S. Waters (77 Fed. Reg. 17254 shipboard maneuvering system, habitability (B) with respect to discharges incidental to (March 23, 2012), as corrected at 77 Fed. Reg. system, or installed major equipment, or the normal operation of a vessel other than 33969 (June 8, 2012)), shall be the manage- from a protective, preservative, or absorp- ballast water, shall be based on best manage- ment requirements for a ballast water dis- tive application to the hull of a vessel; ment practices; and charge incidental to the normal operation of

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a vessel until the Secretary revises the bal- (II) the effectiveness and reliability of such (A) IN GENERAL.—The Secretary may estab- last water discharge standard under sub- management systems in the shipboard envi- lish a compliance deadline for compliance by section (b) or adopts a more stringent State ronment; a vessel (or a class, type, or size of vessel) standard under subparagraph (B). (III) the compatibility of such manage- with a revised ballast water discharge stand- (B) ADOPTION OF MORE STRINGENT STATE ment systems with the design and operation ard under this subsection. STANDARD.—If the Secretary makes a deter- of a vessel by class, type, and size; (B) PROCESS FOR GRANTING EXTENSIONS.—In mination in favor of a State petition under (IV) the commercial availability of such issuing regulations under this subsection, section 610, the Secretary shall adopt the management systems; and the Secretary shall establish a process for an more stringent ballast water discharge (V) the safety of such management sys- owner or operator to submit a petition to the standard specified in the statute or regula- tems; Secretary for an extension of a compliance tion that is the subject of that State petition (iii) improvements in the capabilities to deadline with respect to the vessel of the instead of the ballast water discharge stand- detect, quantify, and assess the viability of owner or operator. ard in the final rule described under subpara- aquatic nuisance species at the concentra- (C) PERIOD OF EXTENSIONS.—An extension graph (A). tions under consideration; issued under subparagraph (B) may— (2) INITIAL MANAGEMENT REQUIREMENTS FOR (iv) the impact of ballast water manage- (i) apply for a period of not to exceed 18 months from the date of the applicable dead- DISCHARGES OTHER THAN BALLAST WATER.— ment systems on water quality; and Not later than 2 years after the date of en- (v) the costs, cost-effectiveness, and im- line under subparagraph (A); and actment of this Act, the Secretary, in con- pacts of— (ii) be renewable for an additional period of not to exceed 18 months. sultation with the Administrator, shall issue (I) a revised ballast water discharge stand- (D) FACTORS.—In issuing a compliance a final rule establishing best management ard, including the potential impacts on ship- deadline or reviewing a petition under this practices for discharges incidental to the ping, trade, and other uses of the aquatic en- paragraph, the Secretary shall consider, with normal operation of a vessel other than bal- vironment; and respect to the ability of an owner or operator last water. (II) maintaining the existing ballast water to meet a compliance deadline, the following discharge standard, including the potential (b) REVISED BALLAST WATER DISCHARGE factors: impacts on water-related infrastructure, STANDARD; 8-YEAR REVIEW.— (i) Whether the management system to be recreation, propagation of native fish, shell- (1) IN GENERAL.—Subject to the feasibility installed is available in sufficient quantities fish, and wildlife, and other uses of navigable review under paragraph (2), not later than to meet the compliance deadline. waters. January 1, 2024, the Secretary, in consulta- (ii) Whether there is sufficient shipyard or (C) LOWER REVISED DISCHARGE STANDARD.— tion with the Administrator, shall issue a other installation facility capacity. (i) IN GENERAL.—If the Secretary, in con- (iii) Whether there is sufficient avail- final rule revising the ballast water dis- sultation with the Administrator, deter- charge standard under subsection (a)(1) so ability of engineering and design resources. mines on the basis of the feasibility review (iv) Vessel characteristics, such as engine that a ballast water discharge incidental to and after an opportunity for a public hearing the normal operation of a vessel will con- room size, layout, or a lack of installed pip- that no ballast water management system ing. tain— can be certified under section 606 to comply (A) less than 1 organism that is living or (v) Electric power generating capacity with the revised ballast water discharge aboard the vessel. has not been rendered harmless per 10 cubic standard under paragraph (1), the Secretary meters that is 50 or more micrometers in (vi) Safety of the vessel and crew. shall require the use of the management sys- (vii) Any other factors the Secretary con- minimum dimension; tem that achieves the performance levels of (B) less than 1 organism that is living or siders appropriate, including the availability the best available technology that is eco- of a ballast water reception facility or other has not been rendered harmless per 10 milli- nomically achievable. means of managing ballast water. liters that is less than 50 micrometers in (ii) IMPLEMENTATION DEADLINE.—If the Sec- (E) CONSIDERATION OF PETITIONS.— minimum dimension and more than 10 mi- retary, in consultation with the Adminis- (i) DETERMINATIONS.—The Secretary shall crometers in minimum dimension; trator, determines that the management sys- approve or deny a petition for an extension (C) concentrations of indicator microbes tem under clause (i) cannot be implemented of a compliance deadline submitted by an that are less than— before the implementation deadline under owner or operator under this paragraph. (i) 1 colony-forming unit of toxicogenic paragraph (3) with respect to a class of ves- (ii) DEADLINE.—If the Secretary does not Vibrio cholera (serotypes O1 and O139) per sels, the Secretary shall extend the imple- approve or deny a petition referred to in 100 milliliters or less than 1 colony-forming mentation deadline for that class of vessels clause (i) on or before the last day of the 90- unit of that microbe per gram of wet weight for not more than 36 months. day period beginning on the date of submis- of zoological samples; (iii) COMPLIANCE.—If the implementation sion of the petition, the petition shall be (ii) 126 colony-forming units of Escherichia deadline under paragraph (3) is extended, the deemed approved. coli per 100 milliliters; and Secretary shall recommend action to ensure (c) FUTURE REVISIONS OF VESSEL INCI- (iii) 33 colony-forming units of intestinal compliance with the extended implementa- DENTAL DISCHARGE STANDARDS; DECENNIAL enterococci per 100 milliliters; and tion deadline under clause (ii). REVIEWS.— (D) concentrations of such additional indi- (D) HIGHER REVISED DISCHARGE STANDARD.— (1) REVISED BALLAST WATER DISCHARGE cator microbes and of viruses as may be (i) IN GENERAL.—If the Secretary, in con- STANDARDS.—The Secretary, in consultation specified in regulations issued by the Sec- sultation with the Administrator, deter- with the Administrator, shall complete a re- retary in consultation with the Adminis- mines that a ballast water management sys- view, 10 years after the issuance of a final trator and such other Federal agencies as tem exists that exceeds the revised ballast rule under subsection (b) and every 10 years the Secretary and the Administrator con- water discharge standard under paragraph (1) thereafter, to determine whether further re- sider appropriate. with respect to a class of vessels and is the vision of the ballast water discharge stand- (2) FEASIBILITY REVIEW.— best available technology that is economi- ard would result in a scientifically demon- (A) IN GENERAL.—Not less than 2 years be- cally achievable, the Secretary shall revise strable and substantial reduction in the risk fore January 1, 2024, the Secretary, in con- the ballast water discharge standard for that of the introduction or establishment of sultation with the Administrator, shall com- class of vessels to incorporate the higher dis- aquatic nuisance species. plete a review to determine the feasibility of charge standard. (2) REVISED STANDARDS FOR DISCHARGES achieving the revised ballast water discharge (ii) IMPLEMENTATION DEADLINE.—If the Sec- OTHER THAN BALLAST WATER.—The Secretary, standard under paragraph (1). retary, in consultation with the Adminis- in consultation with the Administrator, may (B) CRITERIA FOR REVIEW OF BALLAST WATER trator, determines that the management sys- include in a decennial review under this sub- DISCHARGE STANDARD.—In conducting a re- tem under clause (i) can be implemented be- section best management practices for dis- view under subparagraph (A), the Secretary fore the implementation deadline under charges covered by subsection (a)(2). The shall consider whether revising the ballast paragraph (3) with respect to a class of ves- Secretary shall initiate a rulemaking to re- water discharge standard will result in a sci- sels, the Secretary shall accelerate the im- vise 1 or more best management practices for entifically demonstrable and substantial re- plementation deadline for that class of ves- such discharges after a decennial review if duction in the risk of introduction or estab- sels. If the implementation deadline under the Secretary, in consultation with the Ad- lishment of aquatic nuisance species, taking paragraph (3) is accelerated, the Secretary ministrator, determines that revising 1 or into account— shall provide not less than 24 months notice more of such practices would substantially (i) improvements in the scientific under- before the accelerated deadline takes effect. reduce the impacts on navigable waters of standing of biological and ecological proc- (3) IMPLEMENTATION DEADLINE.—The re- discharges incidental to the normal oper- esses that lead to the introduction or estab- vised ballast water discharge standard under ation of a vessel other than ballast water. lishment of aquatic nuisance species; paragraph (1) shall apply to a vessel begin- (3) CONSIDERATIONS.—In conducting a re- (ii) improvements in ballast water manage- ning on the date of the first drydocking of view under paragraph (1), the Secretary, the ment systems, including— the vessel on or after January 1, 2024, but not Administrator, and the heads of other Fed- (I) the capability of such management sys- later than December 31, 2026. eral agencies as the Secretary considers ap- tems to achieve a revised ballast water dis- (4) REVISED DISCHARGE STANDARD COMPLI- propriate, shall consider the criteria under charge standard; ANCE DEADLINES.— section 605(b)(2)(B).

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(4) REVISION AFTER DECENNIAL REVIEW.— (B) the protection of the environment; or operator may use a ballast water manage- The Secretary shall initiate a rulemaking to (C) the effective operation of the manage- ment system that has not been certified by revise the current ballast water discharge ment system. the Secretary to comply with the require- standard after a decennial review if the Sec- (2) FAILURE TO COMPLY.—The failure of an ments of this section if the management sys- retary, in consultation with the Adminis- owner or operator to comply with a condi- tem has been certified by a foreign entity trator, determines that revising the current tion imposed under paragraph (1) shall be and the certification demonstrates perform- ballast water discharge standard would re- considered a violation of this section. ance and safety of the management system sult in a scientifically demonstrable and sub- (d) PERIOD FOR USE OF INSTALLED TREAT- equivalent to the requirements of this sec- stantial reduction in the risk of the intro- MENT EQUIPMENT.—Notwithstanding any- tion, as determined by the Secretary. duction or establishment of aquatic nuisance thing to the contrary in this title or any (i) TESTING PROTOCOLS.—Not later than 180 species. other provision of law, the Secretary shall days after the date of the enactment of this (d) ALTERNATIVE BALLAST WATER MANAGE- allow a vessel on which a management sys- Act, the Administrator, in consultation with MENT REQUIREMENTS.—Nothing in this title tem is installed and operated to meet a bal- the Secretary, shall issue requirements for may be construed to preclude the Secretary last water discharge standard under this land-based and shipboard testing protocols from authorizing the use of alternate means title to continue to use that system, not- or criteria for— or methods of managing ballast water (in- withstanding any revision of a ballast water (1) certifying the performance of each bal- cluding flow-through exchange, empty/refill discharge standard occurring after the man- last water management system under this exchange, and transfer to treatment facili- agement system is ordered or installed until section; and the expiration of the service life of the man- ties in place of a vessel ballast water man- (2) certifying laboratories to evaluate such agement system, as determined by the Sec- agement system required under this section) treatment technologies. if the Secretary, in consultation with the retary, if the management system— Administrator, determines that such means (1) is maintained in proper working condi- SEC. 607. EXEMPTIONS. or methods would not pose a greater risk of tion; and (a) INCIDENTAL DISCHARGES.—Except in a introduction of aquatic nuisance species in (2) is maintained and used in accordance national marine sanctuary or a marine na- navigable waters than the use of a ballast with the manufacturer’s specifications and tional monument, no permit shall be re- water management system that achieves the any management system certification condi- quired or prohibition enforced under any applicable ballast water discharge standard. tions imposed by the Secretary under this other provision of law for, nor shall any (e) GREAT LAKES REQUIREMENTS.—In addi- section. standards regarding a discharge incidental to tion to the other standards and requirements (e) CERTIFICATES OF TYPE APPROVAL FOR the normal operation of a vessel under this imposed by this section, in the case of a ves- THE TREATMENT TECHNOLOGY.— title apply to— sel that enters the Great Lakes through the (1) ISSUANCE.—If the Secretary approves a (1) a discharge incidental to the normal op- St. Lawrence River after operating outside ballast water management system for cer- eration of a vessel if the vessel is less than the exclusive economic zone of the United tification under subsection (b), the Secretary 79 feet in length and engaged in commercial States the Secretary, in consultation with shall issue a certificate of type approval for service (as such terms are defined in section the Administrator, shall establish a require- the management system to the manufac- 2101(5) of title 46, United States Code); ment that the vessel conduct saltwater turer in such form and manner as the Sec- (2) a discharge incidental to the normal op- flushing of all ballast water tanks onboard retary determines appropriate. eration of a vessel if the vessel is a fishing prior to entry. (2) CERTIFICATION CONDITIONS.—A certifi- vessel, including a fish processing vessel and SEC. 606. TREATMENT TECHNOLOGY CERTIFI- cate of type approval issued under paragraph a fish tender vessel, (as defined in section CATION. (1) shall specify each condition imposed by 2101 of title 46, United States Code); or (a) CERTIFICATION REQUIRED.—Beginning on the Secretary under subsection (c). (3) a discharge incidental to the normal op- the date that is 1 year after the date on (3) OWNERS AND OPERATORS.—A manufac- eration of a vessel if the vessel is a rec- which the requirements for testing protocols turer that receives a certificate of type ap- reational vessel (as defined in section 2101(25) are issued under subsection (i), no manufac- proval for the management system under of title 46, United States Code). turer of a ballast water management system this subsection shall provide a copy of the (b) DISCHARGES INTO NAVIGABLE WATERS.— shall sell, offer for sale, or introduce or de- certificate to each owner and operator of a No permit shall be required or prohibition liver for introduction into interstate com- vessel on which the management system is enforced under any other provision of law merce, or import into the United States for installed. for, nor shall any standards regarding a dis- sale or resale, a ballast water management (f) INSPECTIONS.—An owner or operator who charge incidental to the normal operation of system for a vessel unless it has been cer- receives a copy of a certificate under sub- a vessel under this title apply to— tified under this section. section (e)(3) shall retain a copy of the cer- (b) CERTIFICATION PROCESS.— (1) any discharge into navigable waters tificate onboard the vessel and make the from a vessel authorized by an on-scene coor- (1) EVALUATION.—Upon application of a copy of the certificate available for inspec- manufacturer, the Secretary shall evaluate a dinator in accordance with part 300 of title tion at all times while the owner or operator 40, Code of Federal Regulations, or part 153 ballast water management system with re- is utilizing the management system. of title 33, Code of Federal Regulations; spect to— (g) BIOCIDES.—The Secretary may not ap- (A) the effectiveness of the management prove a ballast water management system (2) any discharge into navigable waters system in achieving the current ballast under subsection (b) if— from a vessel that is necessary to secure the water discharge standard when installed on a (1) it uses a biocide or generates a biocide safety of the vessel or human life, or to sup- vessel (or a class, type, or size of vessel); that is a pesticide, as defined in section 2 of press a fire onboard the vessel or at a shore- (B) the compatibility with vessel design the Federal Insecticide, Fungicide, and side facility; or and operations; Rodenticide Act (7 U.S.C. 136), unless the (3) a vessel of the armed forces of a foreign (C) the effect of the management system biocide is registered under that Act or the nation when engaged in noncommercial serv- on vessel safety; Secretary, in consultation with Adminis- ice. (D) the impact on the environment; trator, has approved the use of the biocide in (c) BALLAST WATER DISCHARGES.—No per- (E) the cost effectiveness; and such management system; or mit shall be required or prohibition enforced (F) any other criteria the Secretary con- (2) it uses or generates a biocide the dis- under any other provision of law for, nor siders appropriate. charge of which causes or contributes to a shall any ballast water discharge standard (2) APPROVAL.—If after an evaluation under violation of a water quality standard under under this title apply to— paragraph (1) the Secretary determines that section 303 of the Federal Water Pollution (1) a ballast water discharge incidental to the management system meets the criteria, Control Act (33 U.S.C. 1313). the normal operation of a vessel determined the Secretary may certify the management (h) PROHIBITION.— by the Secretary to— system for use on a vessel (or a class, type, (1) IN GENERAL.—Except as provided in (A) operate exclusively within a geographi- or size of vessel). paragraph (2), the use of a ballast water cally limited area; (3) SUSPENSION AND REVOCATION.—The Sec- management system by an owner or operator (B) take up and discharge ballast water ex- retary shall establish, by regulation, a proc- of a vessel shall not satisfy the requirements clusively within 1 Captain of the Port Zone ess to suspend or revoke a certification of this title unless it has been approved by established by the Coast Guard unless the issued under this section. the Secretary under subsection (b). Secretary determines such discharge poses a (c) CERTIFICATION CONDITIONS.— (2) EXCEPTIONS.— substantial risk of introduction or establish- (1) IMPOSITION OF CONDITIONS.—In certi- (A) COAST GUARD SHIPBOARD TECHNOLOGY ment of an aquatic nuisance species; fying a ballast water management system EVALUATION PROGRAM.—An owner or operator (C) operate pursuant to a geographic re- under this section, the Secretary, in con- may use a ballast water management system striction issued as a condition under section sultation with the Administrator, may im- that has not been certified by the Secretary 3309 of title 46, United States Code, or an pose any condition on the subsequent instal- to comply with the requirements of this sec- equivalent restriction issued by the country lation, use, or maintenance of the manage- tion if the technology is being evaluated of registration of the vessel; or ment system onboard a vessel as is necessary under the Coast Guard Shipboard Tech- (D) continuously take on and discharge for— nology Evaluation Program. ballast water in a flow-through system that (A) the safety of the vessel, the crew of the (B) BALLAST WATER MANAGEMENT SYSTEMS does not introduce aquatic nuisance species vessel, and any passengers aboard the vessel; CERTIFIED BY FOREIGN ENTITIES.—An owner or into navigable waters;

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Act (42 U.S.C. 300f et seq.) or from a foreign consultation with the Administrator and any public water system determined by the Ad- other Federal department or agency the Sec- SA 3171. Ms. HEITKAMP submitted ministrator to be suitable for human con- retary considers appropriate, makes a deter- an amendment intended to be proposed sumption; or mination that— to amendment SA 2953 proposed by Ms. (3) a ballast water discharge incidental to (1) compliance with any discharge standard specified in the statute or regulation can in MURKOWSKI to the bill S. 2012, to pro- the normal operation of a vessel in an alter- vide for the modernization of the en- native compliance program established pur- fact be achieved and detected; suant to section 608. (2) the technology and systems necessary ergy policy of the United States, and (d) VESSELS WITH PERMANENT BALLAST to comply with the statute or regulation are for other purposes; which was ordered WATER.—No permit shall be required or pro- commercially available; and to lie on the table; as follows: hibition enforced regarding a ballast water (3) the statute or regulation is consistent At the appropriate place, insert the fol- discharge incidental to the normal operation with obligations under relevant inter- lowing: of a vessel under any other provision of law national treaties or agreements to which the United States is a party. SEC. ll. INCORPORATING RETROSPECTIVE RE- for, nor shall any ballast water discharge VIEW INTO NEW MAJOR RULES. (c) PETITION PROCESS.— standard under this title apply to, a vessel (a) DEFINITIONS.—In this section— that carries all of its permanent ballast (1) SUBMISSION.—The Governor of a State seeking to adopt or enforce a statute or reg- (1) the term ‘‘Administrator’’ means the water in sealed tanks that are not subject to Administrator of the Office of Information discharge. ulation under subsection (b) shall submit a petition to the Secretary requesting the Sec- and Regulatory Affairs of the Office of Man- (e) VESSELS OF THE ARMED FORCES.—Noth- retary to review the statute or regulation. agement and Budget; ing in this title may be construed to apply (2) the terms ‘‘agency’’, ‘‘rule’’, and ‘‘rule to— (2) CONTENTS; TIMING.—A petition shall be accompanied by the scientific and technical making’’ have the meanings given those (1) a vessel owned or operated by the De- terms in section 551 of title 5, United States partment of Defense (other than a time-char- information on which the petition is based, and may be submitted within 1 year of the Code; tered or voyage-chartered vessel); or date of enactment of this Act and every 10 (3) the term ‘‘covered major rule’’ means (2) a vessel of the Coast Guard, as des- years thereafter. major a rule that is promulgated by an agen- ignated by the Secretary of the department (3) DETERMINATIONS.—The Secretary shall cy in accordance with authority provided in which the Coast Guard is operating. make a determination on a petition under under this Act or any amendments made by SEC. 608. ALTERNATIVE COMPLIANCE PROGRAM. this subsection not later than 90 days after this Act; and (a) IN GENERAL.—The Secretary, in con- the date on which the Secretary determines (4) the term ‘‘major rule’’ means any rule sultation with the Administrator, may pro- that a complete petition has been received. that the Administrator finds has resulted in mulgate regulations establishing 1 or more SEC. 611. APPLICATION WITH OTHER STATUTES. or is likely to result in— compliance programs as an alternative to (a) EXCLUSIVE STATUTORY AUTHORITY.—Ex- (A) an annual effect on the economy of ballast water management regulations cept as otherwise provided in this section $100,000,000 or more; issued under section 605 for a vessel that— and notwithstanding any other provision of (B) a major increase in costs or prices for (1) has a maximum ballast water capacity law, this title shall be the exclusive statu- consumers, individual industries, Federal, of less than 8 cubic meters; or tory authority for regulation by the Federal State, or local government agencies, or geo- (2) is less than 3 years from the end of the Government of discharges incidental to the graphic regions; or useful life of the vessel, as determined by the normal operation of a vessel to which this (C) significant adverse effects on competi- Secretary. title applies. tion, employment, investment, productivity, (b) RULEMAKING.— (b) EFFECT OF EXISTING REGULATIONS.—Ex- innovation, or on the ability of United (1) FACILITY STANDARDS.—Not later than 1 cept as provided under section 605(a)(1)(A), States-based enterprises to compete with year after the date of the enactment of this any regulation in effect on the date imme- foreign-based enterprises in domestic and ex- Act, the Administrator, in consultation with diately preceding the effective date of this port markets. the Secretary, shall promulgate standards Act relating to any permitting requirement (b) MAJOR RULE FRAMEWORKS.— for— for or prohibition on discharges incidental to (1) IN GENERAL.—Beginning 180 days after (A) the reception of ballast water from a the normal operation of a vessel to which the date of enactment of this Act, when an vessel into a reception facility; and this title applies— agency publishes in the Federal Register— (B) the disposal or treatment of the ballast (1) shall be deemed to be a regulation (A) a proposed covered major rule, the water under paragraph (1). issued pursuant to the authority of this title; agency shall include a clear statement of the (2) TRANSFER STANDARDS.—The Secretary, and regulatory objectives of the covered major in consultation with the Administrator, is (2) shall remain in full force and effect un- rule and a general description of how the authorized to promulgate standards for the less or until superseded by new regulations agency intends to measure the effectiveness arrangements necessary on a vessel to trans- issued under this title. of the covered major rule; or fer ballast water to a facility. (c) ACT TO PREVENT POLLUTION FROM (B) a final covered major rule, the agency SEC. 609. JUDICIAL REVIEW. SHIPS.—The Act to Prevent Pollution from shall include a framework for assessing the (a) IN GENERAL.—An interested person may Ships (33 U.S.C. 1901 et seq.) shall be the ex- covered major rule under paragraph (2), file a petition for review of a final regulation clusive statutory authority for the regula- which shall include— promulgated under this title in the United tion by the Federal Government of any dis- (i) a clear statement of the regulatory ob- States Court of Appeals for the District of charge or emission that is covered under the jectives of the covered major rule, including International Convention for the Prevention Columbia Circuit. a summary of the societal benefit and cost of of Pollution from Ships, 1973, as modified by (b) DEADLINE.—A petition shall be filed not the covered major rule; the Protocol of 1978, done at London Feb- later than 120 days after the date that notice (ii) the methodology by which the agency ruary 17, 1978. Nothing in this title may be of the promulgation appears in the Federal plans to analyze the covered major rule, in- construed to alter or amend such Act or any Register. regulation issued pursuant to the authority cluding metrics by which the agency can (c) EXCEPTION.—Notwithstanding sub- of such Act. measure— section (b), a petition that is based solely on (d) TITLE X OF THE COAST GUARD AND MARI- (I) the effectiveness and benefits of the grounds that arise after the deadline to file TIME TRANSPORTATION ACT OF 2010.—Title X covered major rule in producing the regu- a petition under subsection (b) has passed of the Coast Guard and Maritime Transpor- latory objectives of the covered major rule; may be filed not later than 120 days after the tation Act of 2010 (33 U.S.C. 3801 et seq.) shall and date that the grounds first arise. be the exclusive statutory authority for the (II) the impacts, including any costs, of the SEC. 610. EFFECT ON STATE AUTHORITY. regulation by the Federal Government of covered major rule on regulated and other (a) IN GENERAL.—No State or political sub- any anti-fouling system that is covered impacted entities; division thereof may adopt or enforce any under the International Convention on the (iii) a plan for gathering data regarding the statute or regulation of the State or polit- Control of Harmful Anti-Fouling Systems on metrics described in clause (ii) on an ongoing ical subdivision with respect to a discharge Ships, 2001. Nothing in this title may be con- basis, or at periodic times, including a meth- incidental to the normal operation of a ves- strued to alter or amend such title X or any od by which the agency will invite the public sel after the date of enactment of this Act. regulation issued pursuant to the authority to participate in the review process and seek (b) SAVINGS CLAUSE.—Notwithstanding under such title. input from other agencies; and subsection (a), a State or political subdivi- SEC. 612. CONFORMING AMENDMENT. (iv) a specific time frame, as appropriate to sion thereof may adopt or enforce a statute Section 1205 of the Nonindigenous Aquatic the covered major rule and not more than 10 or regulation of the State or political sub- Nuisance Prevention and Control Act of 1990 years after the effective date of the covered division with respect to ballast water dis- (16 U.S.C. 1425) is repealed. major rule, under which the agency shall

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conduct the assessment of the covered major paragraph (1) and the conduct of the assess- (D) ADMINISTRATOR.—Any determination, rule in accordance with paragraph (2)(A). ments under paragraph (2)(A); action, or inaction of the Administrator (2) ASSESSMENT.— (B) oversee the timely compliance of agen- shall not be subject to judicial review. (A) IN GENERAL.—Each agency shall assess cies with this subsection; (c) AUTHORIZATION OF APPROPRIATIONS.— the data collected under paragraph (C) ensure that the results of each assess- There are authorized to be appropriated such (1)(B)(iii), using the methodology set forth in ment conducted under paragraph (2)(A) are— sums as may be necessary to carry out this paragraph (1)(B)(ii) or any other appropriate (i) published promptly on a centralized section. methodology developed after the issuance of Federal website; and a final covered major rule to better deter- (ii) noticed in the Federal Register in ac- SA 3172. Ms. HEITKAMP (for herself mine whether the regulatory objective was cordance with paragraph (2)(D); and Mr. FRANKEN) submitted an achieved, with respect to a covered major (D) encourage and assist agencies to amendment intended to be proposed to rule— streamline and coordinate the assessment of amendment SA 2953 proposed by Ms. (i) to analyze how the actual benefits and covered major rules with similar or related MURKOWSKI to the bill S. 2012, to pro- costs of the covered major rule may have regulatory objectives; vide for the modernization of the en- varied from those anticipated at the time (E) exempt an agency from including the ergy policy of the United States, and the covered major rule was issued; and framework required under paragraph (1)(B) (ii) to determine whether— when publishing a final covered major rule, for other purposes; which was ordered (I) the covered major rule is accomplishing if the agency did not issue a notice of pro- to lie on the table; as follows: its regulatory objective; posed rule making for the covered major rule At the end of subtitle E of title IV, add the (II) the covered major rule has been ren- in order to provide a timely response to an following: dered unnecessary, taking into consider- emergency or comply with a statutorily im- SEC. 44ll. INDIAN ENERGY OFFICE. ation— posed deadline, in accordance with paragraph Section 2602(a) of the Energy Policy Act of (aa) changes in the subject area affected by (5)(B); and 1992 (25 U.S.C. 3502(a)) is amended— the covered major rule; and (F) extend the deadline specified by an (1) by redesignating paragraph (3) as para- (bb) whether the covered major rule over- agency for an assessment of a covered major graph (4); and laps, duplicates, or conflicts with other rules rule under paragraph (1)(B)(iv) or paragraph (2) by inserting after paragraph (2) the fol- or, to the extent feasible, State and local (2)(C)(i)(I) for a period of not more than 90 lowing: government regulations; days if the agency justifies why the agency ‘‘(3) INDIAN ENERGY REGULATORY OFFICE.— (III) the covered major rule needs to be is unable to complete the assessment by that ‘‘(A) ESTABLISHMENT.—To assist the Sec- strengthened in order to accomplish the reg- deadline. retary in carrying out the Program, the Sec- ulatory objective; and (4) RULE OF CONSTRUCTION.—Nothing in this retary shall establish within the office of the (IV) other alternatives to the covered subsection shall be construed to affect— Deputy Secretary an Indian Energy Regu- major rule or modification of the covered (A) the authority of an agency to assess or latory Office (referred to in this paragraph as major rule could better achieve the regu- modify a covered major rule of the agency the ‘Office’), to be located in Denver, Colo- latory objective while imposing a smaller earlier than the end of the time frame speci- rado. burden on society or increase net benefits, fied for the covered major rule under para- ‘‘(B) EXISTING RESOURCES.—The Office shall taking into consideration any cost already graph (1)(B)(iv); or use the existing resources of the Division of incurred. (B) any other provision of law that re- Energy and Mineral Development of the Of- (B) DIFFERENT METHODOLOGY.—If an agency quires an agency to conduct retrospective re- fice of Indian Energy and Economic Develop- uses a methodology other than the method- views of rules issued by the agency. ment. ology set forth in paragraph (1)(B)(ii) to as- (5) APPLICABILITY.— ‘‘(C) DIRECTOR.—The Office shall be led by sess data under subparagraph (A), the agency (A) IN GENERAL.—This subsection shall not a Director who shall— shall include as part of the notice required apply to— ‘‘(i) be compensated at a rate equal to that under subparagraph (D) an explanation of (i) a covered major rule of an agency for of level IV of the Executive Schedule under the changes in circumstances that neces- which the agency is required to conduct a section 5315 of title 5, United States Code; sitated the use of that other methodology. retrospective review under any other provi- and (C) SUBSEQUENT ASSESSMENTS.— sion of law that meets or exceeds the re- ‘‘(ii) report directly to the Deputy Sec- (i) IN GENERAL.—Except as provided in quirements of this subsection, as determined retary. clause (ii), if, after an assessment of a cov- by the Administrator; ‘‘(D) FUNCTIONS.—The Office shall serve as ered major rule under subparagraph (A), an (ii) interpretative rules, general state- a new Regional Office within the Bureau of agency determines that the covered major ments of policy, or rules of agency organiza- Indian Affairs, which an energy-producing rule will remain in effect with or without tion, procedure, or practice; or Indian tribe may select to replace the exist- modification, the agency shall— (iii) routine and administrative rules. ing Regional Office of the Indian tribe— (I) determine a specific time, as appro- (B) DIRECT AND INTERIM FINAL COVERED ‘‘(i) notwithstanding any other law, to priate to the covered major rule and not MAJOR RULE.—In the case of a covered major oversee, coordinate, process and approve all more than 10 years after the publication of rule of an agency for which the agency is not Federal leases, easements, rights-of-way, the results of the previous assessment, under required to issue a notice of proposed rule permits, policies, environmental reviews, which the agency shall conduct another as- making in response to an emergency or a and any other authorities related to energy sessment of the covered major rule in ac- statutorily imposed deadline, the agency development on Indian land; cordance with subparagraph (A); and shall publish the framework required under ‘‘(ii)(I) to support review and evaluation by (II) if the assessment conducted under sub- paragraph (1)(B) in the Federal Register not Agency Offices of the Bureau of Indian Af- clause (I) does not result in a repeal of the later than 6 months after the date on which fairs and Indian tribes of— covered major rule, periodically assess the the agency publishes the final covered major ‘‘(aa) energy proposals, permits, mineral covered major rule in accordance with sub- rule. leases, and rights-of-way; and paragraph (A) to ensure the covered major (6) JUDICIAL REVIEW.— ‘‘(bb) Mineral Agreements entered into rule continues to meet the regulatory objec- (A) IN GENERAL.—Judicial review of agency under section 3 of the Indian Mineral Devel- tive. compliance with this subsection is limited opment Act of 1982 (25 U.S.C. 2102) for final (ii) EXEMPTION.—The Administrator may to— approval; and exempt an agency from conducting a subse- (i) whether an agency published the frame- ‘‘(II) to conduct environmental reviews and quent assessment of a covered major rule work for assessment of a covered major rule surface monitoring for the activities de- under clause (i) if the Administrator deter- in accordance with paragraph (1); and scribed in items (aa) and (bb) of subclause mines that there is a foreseeable and appar- (ii) whether an agency completed and pub- (I); ent need for the covered major rule beyond lished the required assessment of a covered ‘‘(iii) to review and prepare Applications the time frame required under clause (i)(I). major rule in accordance with subparagraphs for Permits to Drill, communitization agree- (D) PUBLICATION.—Not later than 180 days (A) and (D) of paragraph (2). ments, and well spacing proposals for ap- after the date on which an agency completes (B) REMEDY AVAILABLE.—In granting relief proval; an assessment of a covered major rule under in an action brought under subparagraph (A), ‘‘(iv) to provide production monitoring, in- subparagraph (A), the agency shall publish a the court may only issue an order remanding spection, and enforcement; notice of availability of the results of the as- the covered major rule to the agency to com- ‘‘(v) to oversee drainage issues; sessment in the Federal Register, including ply with paragraph (1) or subparagraph (A) ‘‘(vi) to provide energy-related technical the specific time for any subsequent assess- or (D) of paragraph (2), as applicable. assistance and financial management train- ment of the covered major rule under sub- (C) EFFECTIVE DATE OF COVERED MAJOR ing to Agency Offices of the Bureau of Indian paragraph (C)(i), if applicable. RULE.—If, in an action brought under sub- Affairs and Indian tribes; (3) OMB OVERSIGHT.—The Administrator paragraph (A)(i), a court determines that the ‘‘(vii) to develop best practices in the area shall— agency did not comply, the covered major of Indian energy development, including (A) issue guidance for agencies regarding rule shall take effect notwithstanding any standardizing energy development processes, the development of the framework under order issued by the court. procedures, and forms among Agency and

VerDate Sep 11 2014 03:25 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.027 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S442 CONGRESSIONAL RECORD — SENATE February 1, 2016 Regional Offices of the Bureau of Indian Af- ‘‘(gg) part 162 of title 25, Code of Federal ‘‘(I) the number and type of Federal ap- fairs; Regulations (relating to leases and permits) provals granted; ‘‘(viii) to minimize delays and obstacles to (or successor regulations); ‘‘(II) the time taken to process each type of Indian energy development; and ‘‘(hh) part 169 of title 25, Code of Federal application; ‘‘(ix) to provide technical assistance to In- Regulations (relating to rights-of-way over ‘‘(III) the need for additional similar of- dian tribes in the areas of energy-related en- Indian lands) (or successor regulations); and fices to be located in other regions; and gineering, environmental analysis, manage- ‘‘(ii) the Act of June 28, 1906 (34 Stat. 539, ‘‘(IV) proposed changes in existing law to ment, and oversight of energy development, chapter 3572) (commonly known as the facilitate the development of energy re- assessment of energy development resources, ‘Osage Allotment Act’); sources on Indian land and improve over- proposals and financing, and development of ‘‘(II) consultations and preparation of bio- sight of energy development on Indian land. conventional and renewable energy re- logical opinions under section 7 of the En- ‘‘(L) COORDINATION WITH ADDITIONAL FED- sources. dangered Species Act of 1973 (16 U.S.C. 1536); ERAL AGENCIES.—Not later than 1 year after ‘‘(E) RELATIONSHIP TO BUREAU OF INDIAN AF- ‘‘(III) preparation of environmental impact establishing the Office, the Secretary shall FAIRS REGIONAL AND AGENCY OFFICES.— statements or similar analyses required enter into a memorandum of understanding ‘‘(i) IN GENERAL.—The Office shall have the under the National Environmental Policy to coordinate and streamline energy-related authority to review and approve all energy- Act of 1969 (42 U.S.C. 4321 et seq.); and permits with— related matters for Indian tribes that select ‘‘(IV) technical assistance and training for ‘‘(i) the Administrator of the Environ- to use the Office under subparagraph (D), various forms of energy development on In- mental Protection Agency; without subsequent or duplicative review dian land. ‘‘(ii) the Assistant Secretary of the Army and approval by other Agency or Regional ‘‘(G) MANAGEMENT OF INDIAN LAND.—The for Civil Works; and Offices of the Bureau of Indian Affairs or Director shall ensure that— ‘‘(iii) the Secretary of Agriculture.’’. other agencies of the Department of the In- ‘‘(i) all environmental reviews and permit- SA 3173. Ms. HEITKAMP (for herself terior. ting decisions— and Mr. BOOKER) submitted an amend- ‘‘(ii) NON-ENERGY RELATED MATTERS.— ‘‘(I) comply with the unique legal relation- Nothing in this paragraph affects the author- ship between the United States and Indian ment intended to be proposed to ity or duty of Regional Offices of the Bureau tribal governments (as set forth in the Con- amendment SA 2953 proposed by Ms. of Indian Affairs to oversee, support, and stitution of the United States, treaties, stat- MURKOWSKI to the bill S. 2012, to pro- provide approvals for non-energy related utes, Executive orders, and court decisions); vide for the modernization of the en- matters. and ergy policy of the United States, and ‘‘(iii) REGIONAL AND LOCAL SERVICES.— ‘‘(II) are exercised in a manner that pro- motes tribal authority over Indian land, con- for other purposes; which was ordered Nothing in this paragraph affects the author- to lie on the table; as follows: ity or duty of Agency Offices of the Bureau sistent with the policy of the Federal Gov- of Indian Affairs and State and Field Offices ernment supporting Indian self-determina- On page 302, between lines 14 and 15, insert the following: of the Bureau of Land Management to pro- tion; vide regional and local services related to In- ‘‘(ii) Indian land shall not be— SEC. 3401. SENSE OF THE SENATE ON CARBON ‘‘(I) considered to be Federal public land or CAPTURE, USE, AND STORAGE DE- dian energy development, including local re- VELOPMENT AND DEPLOYMENT. alty functions, on-site evaluations and in- part of the public domain; or ‘‘(II) be managed in accordance with Fed- It is the sense of the Senate that— spections, direct services as requested by In- (1) carbon capture, use, and storage deploy- dian tribes and individual Indians, and any eral public land laws and policies; and ‘‘(iii) leases approved shall provide Indian ment is— other local functions related to energy devel- (A) an important part clean energy future opment on Indian land. tribes and Indian mineral owners with the maximum governmental and economic bene- and smart research and development invest- ‘‘(iv) TECHNICAL ASSISTANCE.—The Office fits associated with mineral leasing and de- ments of the United States; and shall provide technical assistance and sup- velopment, including all revenue derived (B) critical— port to the Bureau of Indian Affairs and the from mineral leasing and development, to (i) to increasing the energy security of the Bureau of Land Management in all areas re- encourage tribal self-determination and eco- United States; lated to energy development on Indian land. nomic development on Indian land. (ii) to reducing emissions; and ‘‘(F) DESIGNATION OF INTERIOR STAFF.— ‘‘(H) INDIAN SELF-DETERMINATION.—Pro- (iii) to maintaining a diverse and reliable ‘‘(i) IN GENERAL.—The Secretary shall des- grams and services operated by the Office energy resource; ignate and transfer to the Office existing shall be provided pursuant to contracts and (2) the fossil energy programs of the De- staff and resources from— grants awarded under the Indian Self-Deter- partment should continue to focus on re- ‘‘(I) the Division of Energy and Mineral De- mination and Education Assistance Act (25 search and development of technologies that velopment of the Office of Indian Energy and U.S.C. 450 et seq.). will improve the capture, transportation, Economic Development and other applicable ‘‘(I) TRANSFER OF FUNDS.— use, including for the production, through offices of the Bureau of Indian Affairs; ‘‘(i) IN GENERAL.—To fund the Office for a biofixation, of carbon-containing products, ‘‘(II) the Bureau of Land Management; period not to exceed 2 years, the Secretary and injection processes essential for carbon ‘‘(III) the Office of Valuation Services; shall transfer such funds as are necessary capture, use, and storage activities in the ‘‘(IV) the Office of Natural Resources Rev- from the annual budgets of— electrical and industrial sectors; enue; ‘‘(I) the Bureau of Indian Affairs; (3) the Secretary should continue to part- ‘‘(V) the United States Fish and Wildlife ‘‘(II) the United States Fish and Wildlife ner with the private sector and explore ave- Service; Service; nues to bring down the cost of carbon cap- ‘‘(VI) the Office of Special Trustee; ‘‘(III) the Bureau Land Management; ture, including through loans, grants, and se- ‘‘(VII) the Office of the Solicitor; ‘‘(IV) the Office of Surface Mining; questration credits to help make carbon cap- ‘‘(VIII) the Office of Surface Mining, in- ‘‘(V) the Office of Natural Resources Rev- ture, use, and storage technologies more cluding mining engineering and minerals re- enue; and competitive compared to other technologies alty specialists; and ‘‘(VI) the Office of Mineral Valuation. that are a part of the clean energy future of ‘‘(IX) any other agency or office of the De- ‘‘(ii) BASE BUDGET.—At the end of the pe- the United States; and partment of the Interior involved in energy riod described in clause (i), the combined (4) the Secretary should continue to work development on Indian land. total of the funds transferred under that on existing, and expand on, international ‘‘(ii) FUNCTIONS.—Staff and resources clause shall serve as the base budget for the partnerships, agreements, projects, and in- transferred under clause (i) shall provide Office. formation sharing activities of the Secretary for— ‘‘(J) APPROPRIATIONS OFFSET.—All fees gen- to develop the latest and most cutting-edge ‘‘(I) review, processing, and approval of erated from Applications for Permits to carbon capture, use, and storage tech- permits and regulatory matters under— Drill, inspection, nonproducing acreage, or nologies for the electrical and industrial sec- ‘‘(aa) the Act of February 5, 1948 (com- any other fees related to energy development tors. monly known as the ‘Indian Right-of-Way on Indian land— On page 302, line 15, strike ‘‘3401’’ and in- Act’) (25 U.S.C. 323 et seq.); ‘‘(i) shall, beginning on the date the Office sert ‘‘3402’’. ‘‘(bb) the Act of May 11, 1938 (commonly is opened, be transferred to the budget of the On page 302, line 21, strike ‘‘3402’’ and in- known as the ‘Indian Mineral Leasing Act of Office; and sert ‘‘3403’’. 1938’) (25 U.S.C. 396a et seq.); ‘‘(ii) may be used to advance or fulfill any On page 311, between lines 7 and 8, insert ‘‘(cc) the first section of the Act of August of the stated duties and purposes of the Of- the following: 9, 1955 (25 U.S.C. 415); fice. SEC. 3404. CONTRACTING AUTHORITY OF SEC- ‘‘(dd) the Indian Mineral Development Act ‘‘(K) REPORT.—The Office shall— RETARY. of 1982 (25 U.S.C. 2101 et seq.); ‘‘(i) keep detailed records documenting the (a) DEFINITION OF ELECTRIC GENERATION ‘‘(ee) this title; activities of the Office; and UNIT.—In this section, the term ‘‘electric ‘‘(ff) the Surface Mining Control and Rec- ‘‘(ii) annually submit to Congress a report generation unit’’ means an electric genera- lamation Act of 1977 (30 U.S.C. 1201 et seq.); detailing— tion unit that—

VerDate Sep 11 2014 03:25 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.027 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S443 (1) uses coal-based generation technology; search and development of technologies that Fund (a nonprofit corporation established and will improve the capture, transportation, use under the laws of the State of North Caro- (2) is capable of capturing carbon dioxide (including for the production through bio- lina), the County of Currituck, North Caro- emissions from the unit. fixation of carbon-containing products), and lina, and the State of North Carolina to pro- (b) CONTRACTING AUTHORITY.—The Sec- injection processes essential for carbon cap- vide for management of free-roaming wild retary may enter into binding contracts, on ture, use, and storage activities in the elec- horses in and around the Currituck National behalf of the Federal Government, with trical and industrial sectors; Wildlife Refuge. qualified parties to provide price stabiliza- (3) the Secretary should continue to part- (2) TERMS.—The agreement shall— tion support for projects that capture carbon ner with the private sector and explore ave- (A) allow a herd of not fewer than 110 and dioxide from certain industrial sources or nues to bring down the cost of carbon cap- not more than 130 free-roaming wild horses projects that capture carbon dioxide from an ture, including through loans, grants, and se- in and around the refuge, with a target popu- electric generation unit and which captured questration credits to help make carbon cap- lation of between 120 and 130 free-roaming carbon dioxide is sold to a purchaser for— ture, use, and storage technologies more wild horses; (1) the recovery of crude oil; or competitive compared to other technologies (B) provide for cost-effective management (2) other purposes for which a commercial that are a part of the clean energy future of of the horses while ensuring that natural re- market exists. the United States; and sources within the refuge are not adversely (c) TERM.—The term of a contract entered (4) the Secretary should continue working impacted; into under subsection (b) shall not exceed 25 with international partners on pre-existing (C) provide for introduction of a small years. agreements, projects, and information shar- number of free-roaming wild horses from the (d) NOTIFICATION.—The Secretary shall no- ing activities of the Secretary to develop the herd at Cape Lookout National Seashore as tify Congress of— latest and most cutting-edge carbon capture, is necessary to maintain the genetic viabil- (1) the intent of the Secretary to negotiate use, and storage technologies for the elec- ity of the herd in and around the Currituck and enter into a price stabilization contract trical and industrial sectors. National Wildlife Refuge; and by the date that is not later than 30 days be- On page 302, line 15, strike ‘‘3401’’ and in- (D) specify that the Corolla Wild Horse fore negotiations begin; and sert ‘‘3402’’. Fund shall pay the costs associated with— (2) the final terms of the contract, infor- On page 302, line 21, strike ‘‘3402’’ and in- (i) coordinating a periodic census and in- mation on the range of overall costs for the sert ‘‘3403’’. specting the health of the horses; project covered by the contract, and the On page 311, between lines 7 and 8, insert (ii) maintaining records of the horses liv- range of potential costs and scenarios of the the following: ing in the wild and in confinement; contract by the date that is not later than 30 (iii) coordinating the removal and place- SEC. 3404. REPORT ON PRICE STABILIZATION days after the contract is executed. SUPPORT. ment of horses and monitoring of any horses (e) REPORT.—Not later than 1 year after removed from the Currituck County Outer (a) DEFINITION OF ELECTRIC GENERATION the date of enactment of this Act, the Sec- Banks; and UNIT.—In this section, the term ‘‘electric retary shall submit to the appropriate com- generation unit’’ means an electric genera- (iv) administering a viable population con- mittees of Congress a report detailing— trol plan for the horses, including auctions, tion unit that— (1) how the Secretary would establish, im- adoptions, contraceptive fertility methods, (1) uses coal-based generation technology; plement, and maintain the price stabiliza- and other viable options. and tion contracting program described in this (b) CONDITIONS FOR EXCLUDING WILD (2) is capable of capturing carbon dioxide section; and HORSES FROM REFUGE.—The Secretary shall emissions from the unit. (2) options for how price stabilization con- not exclude free-roaming wild horses from (b) REPORT.—Not later than 180 days after tracts under this section may be structured. any portion of the Currituck National Wild- the date of enactment of this Act, the Sec- (f) REGULATIONS.—Not later than 180 days life Refuge unless— after submission of the report under sub- retary shall prepare and submit to the appro- (1) the Secretary finds that the presence of section (e), the Secretary shall promulgate priate committees of Congress a report— free-roaming wild horses on a portion of that regulations to establish and implement the (1) on the benefits and costs of entering refuge threatens the survival of an endan- price stabilization contracting program de- into long-term binding contracts on behalf of gered species for which that land is des- scribed in this section. the Federal Government with qualified par- ignated as critical habitat under the Endan- (g) IMPLEMENTATION.—Not later than 2 ties to provide price stabilization support for gered Species Act of 1973 (16 U.S.C. 1531 et years after the date of enactment of this certain industrial sources for capturing car- seq.); Act, the Secretary shall implement the price bon dioxide from electricity generated at an (2) the finding is based on a credible peer- stabilization contracting program described electric generation unit or carbon dioxide reviewed scientific assessment; and in this section. captured from an electric generation unit (3) the Secretary provides a period of pub- (h) FUNDING.—There is authorized to be ap- and sold to a purchaser for— lic notice and comment on that finding. propriated to carry out this section (A) the recovery of crude oil; or (c) REQUIREMENTS FOR INTRODUCTION OF $100,000,000 for the period of fiscal years 2017 (B) other purposes for which a commercial HORSES FROM CAPE LOOKOUT NATIONAL SEA- through 2021. market exists; and SHORE.—During the effective period of the (2) that— memorandum of understanding between the SA 3174. Ms. HEITKAMP (for herself, (A) contains an analysis of how the Depart- National Park Service and the Foundation Mrs. CAPITO, Mr. BOOKER, Mr. WHITE- ment would establish, implement, and main- for Shackleford Horses, Inc. (a non-profit HOUSE, Mr. TESTER, Mr. MANCHIN, Mr. tain a contracting program described in corporation organized under the laws of and paragraph (1); and doing business in the State of North Caro- BLUNT, and Mr. FRANKEN) submitted an lina) signed in 2007, no horse may be removed amendment intended to be proposed to (B) outlines options for how price stabiliza- tion contracts may be structured and regula- from Cape Lookout National Seashore for in- amendment SA 2953 proposed by Ms. tions that would be necessary to implement troduction at Currituck National Wildlife MURKOWSKI to the bill S. 2012, to pro- a contracting program described in para- Refuge except— vide for the modernization of the en- graph (1). (1) with the approval of the Foundation; ergy policy of the United States, and and for other purposes; which was ordered SA 3175. Mr. BURR (for himself and (2) consistent with the terms of the memo- to lie on the table; as follows: Mr. TILLIS) submitted an amendment randum (or any successor agreement) and intended to be proposed to amendment the Management Plan for the Shackleford On page 302, between lines 14 and 15, insert Banks Horse Herd signed in January 2006 (or the following: SA 2953 proposed by Ms. MURKOWSKI to any successor management plan). SEC. 3401. SENSE OF THE SENATE ON CARBON the bill S. 2012, to provide for the mod- (d) NO LIABILITY CREATED.—Nothing in this CAPTURE, USE, AND STORAGE DE- ernization of the energy policy of the section creates liability for the United VELOPMENT AND DEPLOYMENT. United States, and for other purposes; States for any damage caused by the free- It is the sense of the Senate that— roaming wild horses to any person or prop- (1) carbon capture, use, and storage deploy- which was ordered to lie on the table; as follows: erty located inside or outside the boundaries ment is— of the Currituck National Wildlife Refuge. (A) an important part of the clean energy At the end of subtitle E of title IV, add the future and smart research and development following: SA 3176. Mr. SCHATZ (for himself investments of the United States; and SEC. 44ll. WILD HORSES IN AND AROUND THE and Mr. WHITEHOUSE) submitted an (B) critical— CURRITUCK NATIONAL WILDLIFE amendment intended to be proposed to (i) to increasing the energy security of the REFUGE. amendment SA 2953 proposed by Ms. United States; (a) AGREEMENT REQUIRED.— MURKOWSKI to the bill S. 2012, to pro- (ii) to reducing emissions; and (1) IN GENERAL.—Not later than 180 days (iii) to maintaining a diverse and reliable after the date of enactment of this Act, the vide for the modernization of the en- energy resource; Secretary of the Interior (referred to in this ergy policy of the United States, and (2) the fossil energy programs of the De- section as the ‘‘Secretary’’) shall enter into for other purposes; which was ordered partment should continue to focus on re- an agreement with the Corolla Wild Horse to lie on the table; as follows:

VerDate Sep 11 2014 03:25 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.029 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S444 CONGRESSIONAL RECORD — SENATE February 1, 2016 At the appropriate place, insert the fol- without regard to this subparagraph) shall ‘‘(3) in the case of any such expenditures lowing: be reduced by— paid or incurred after December 31, 2018, and SEC. lll. PHASE OUT OF TAX PREFERENCES ‘‘(i) in the case of any oil related qualified before January 1, 2020, 60 percent, and FOR FOSSIL FUELS. production activities income received or ac- ‘‘(4) in the case of any such expenditures (a) FINDINGS.—Congress finds the fol- crued after December 31, 2016, and before paid or incurred after December 31, 2019, 100 lowing: January 1, 2018, 20 percent, percent.’’. (1) United States tax policy has provided ‘‘(ii) in the case of any oil related qualified (h) CAPITAL GAINS TREATMENT FOR ROYAL- tax preferences, such as special deductions, production activities income received or ac- TIES OF COAL.—Section 631 of such Code is special tax rates, tax credits, and grants in crued after December 31, 2017, and before amended by adding at the end the following lieu of tax credits, for oil and gas production January 1, 2019, 40 percent, new subsection: ‘‘(iii) in the case of any oil related quali- for 100 years. ‘‘(d) PHASE OUT OF CAPITAL GAINS TREAT- fied production activities income received or (2) United States tax policy has provided MENT FOR ROYALTIES OF COAL.—In the case of tax preferences for coal production for over accrued after December 31, 2018, and before January 1, 2020, 60 percent, and coal (including lignite), the amount of gain 80 years. or loss on the sale of such coal to which sub- (3) In order to ensure that all sources of en- ‘‘(iv) in the case of any oil related qualified production activities income received or ac- section (c) applies shall be reduced by— ergy compete on an equal footing, as tax ‘‘(1) in the case of any such gain or loss credits for renewable energy are phased out crued after December 31, 2019, 100 percent.’’. (e) AMORTIZATION OF GEOLOGICAL AND GEO- after December 31, 2016, and before January over the next 4 years, fossil fuel tax pref- PHYSICAL EXPENDITURES.—Section 167(h) of 1, 2018, 20 percent, erences should be phased out on the same such Code is amended by adding at the end ‘‘(2) in the case of any such gain or loss schedule. the following new paragraph: after December 31, 2017, and before January (b) EXPENSING OF INTANGIBLE DRILLING ‘‘(6) PHASE OUT OF AMORTIZATION OF GEO- 1, 2019, 40 percent, COSTS.—Section 263 of the Internal Revenue LOGICAL AND GEOPHYSICAL EXPENDITURES.—In ‘‘(3) in the case of any such gain or loss Code of 1986 is amended— the case of a dual capacity taxpayer which is after December 31, 2018, and before January (1) in subsection (c), by striking ‘‘sub- a major integrated oil company (within the 1, 2020, 60 percent, and section (i)’’ and inserting ‘‘subsections (i) meaning of section 167(h)(5)), the amount of ‘‘(4) in the case of any such gain or loss and (j)’’, and geological and geophysical expenses paid or after December 31, 2019, 100 percent.’’. (2) by adding at the end the following new incurred by a taxpayer which are allowed as (i) DEDUCTION FOR TERTIARY INJECTANTS.— subsection: a deduction under this subsection (without Section 193 of such Code is amended by add- ‘‘(j) PHASE OUT OF DEDUCTION FOR INTAN- regard to this paragraph) shall be reduced ing at the end the following new subsection: GIBLE DRILLING COSTS.—In the case of a dual by— capacity taxpayer which is a major inte- ‘‘(d) PHASE OUT OF DEDUCTION FOR TER- ‘‘(A) in the case of any such expenses paid TIARY INJECTANTS.—In the case of a dual ca- grated oil company (within the meaning of or incurred after December 31, 2016, and be- section 167(h)(5)), for any intangible drilling pacity taxpayer which is a major integrated fore January 1, 2018, 20 percent, oil company (within the meaning of section and development costs paid or incurred with ‘‘(B) in the case of any such expenses paid respect to an oil or gas well, the amount of 167(h)(5)), the amount of qualified tertiary or incurred after December 31, 2017, and be- injectant expenses allowable as a deduction such costs allowed as a deduction under sub- fore January 1, 2019, 40 percent, section (c) shall be reduced by— under subsection (a) shall be reduced by— ‘‘(C) in the case of any such expenses paid ‘‘(1) in the case of any such expenditures ‘‘(1) in the case of any costs paid or in- or incurred after December 31, 2018, and be- paid or incurred after December 31, 2016, and curred after December 31, 2016, and before fore January 1, 2020, 60 percent, and before January 1, 2018, 20 percent, January 1, 2018, 20 percent, ‘‘(D) in the case of any such expenses paid ‘‘(2) in the case of any such expenditures ‘‘(2) in the case of any costs paid or in- or incurred after December 31, 2019, 100 per- paid or incurred after December 31, 2017, and curred after December 31, 2017, and before cent.’’. before January 1, 2019, 40 percent, January 1, 2019, 40 percent, (f) PERCENTAGE DEPLETION FOR OIL ‘‘(3) in the case of any such expenditures ‘‘(3) in the case of any costs paid or in- SHALE.—Section 613 of such Code is amended curred after December 31, 2018, and before by adding at the end the following new sub- paid or incurred after December 31, 2018, and January 1, 2020, 60 percent, and section: before January 1, 2020, 60 percent, and ‘‘(4) in the case of any costs paid or in- ‘‘(f) PHASE OUT OF PERCENTAGE DEPLETION ‘‘(4) in the case of any such expenditures curred after December 31, 2019, 100 percent.’’. FOR OIL SHALE.—In the case of a dual capac- paid or incurred after December 31, 2019, 100 percent.’’. (c) PERCENTAGE DEPLETION FOR OIL AND ity taxpayer which is a major integrated oil NATURAL GAS WELLS.—Section 613A(d) of company (within the meaning of section (j) EXCEPTION TO PASSIVE LOSS LIMITATION such Code is amended by adding at the end 167(h)(5)), the allowance for depletion for oil FOR WORKING INTERESTS IN OIL AND NATURAL the following new paragraph: shale determined under this section (without GAS PROPERTIES.—Section 469(c) of such ‘‘(6) PHASE OUT OF PERCENTAGE DEPLETION regard to this subsection) shall be reduced Code is amended by adding at the end the FOR OIL AND NATURAL GAS WELLS.—In the case by— following new paragraph: of a dual capacity taxpayer which is a major ‘‘(1) in the case of any income received or ‘‘(8) PHASE OUT OF EXCEPTION TO PASSIVE integrated oil company (within the meaning accrued from the property after December 31, LOSS LIMITATION FOR WORKING INTERESTS IN of section 167(h)(5)), the amount allowed as a 2016, and before January 1, 2018, 20 percent, OIL AND NATURAL GAS PROPERTIES.—In the deduction for the taxable year which is at- ‘‘(2) in the case of any income received or case of a dual capacity taxpayer which is a tributable to the application of subsection accrued from the property after December 31, major integrated oil company (within the (c) (determined after the application of para- 2017, and before January 1, 2019, 40 percent, meaning of section 167(h)(5)), for any loss graphs (1) through (5) of this subsection and ‘‘(3) in the case of any income received or from a working interest in any oil or gas accrued from the property after December 31, without regard to this paragraph) shall be property, the amount of such loss to which 2018, and before January 1, 2020, 60 percent, reduced by— paragraph (3) applies shall be reduced by— and ‘‘(A) in the case of any crude oil or natural ‘‘(A) in the case of any such loss after De- ‘‘(4) in the case of any income received or gas produced after December 31, 2016, and be- cember 31, 2016, and before January 1, 2018, 20 accrued from the property after December 31, fore January 1, 2018, 20 percent, percent, 2019, 100 percent.’’. ‘‘(B) in the case of any crude oil or natural ‘‘(B) in the case of any such loss after De- (g) EXPENSING OF EXPLORATION AND DEVEL- gas produced after December 31, 2017, and be- cember 31, 2017, and before January 1, 2019, 40 OPMENT COSTS FOR OIL SHALE.—Section 617 of percent, fore January 1, 2019, 40 percent, such Code is amended— ‘‘(C) in the case of any such loss after De- ‘‘(C) in the case of any crude oil or natural (1) by redesignating subsection (i) as sub- cember 31, 2018, and before January 1, 2020, 60 gas produced after December 31, 2018, and be- section (j), and percent, and fore January 1, 2020, 60 percent, and (2) by inserting after subsection (h) the fol- ‘‘(D) in the case of any such loss after De- ‘‘(D) in the case of any crude oil or natural lowing new subsection: cember 31, 2019, 100 percent.’’. gas produced after December 31, 2019, 100 per- ‘‘(i) PHASE OUT OF EXPENSING OF EXPLO- cent.’’. RATION AND DEVELOPMENT COSTS FOR OIL (k) MARGINAL WELLS CREDIT.—Section (d) DOMESTIC MANUFACTURING DEDUCTION SHALE.—In the case of a dual capacity tax- 45I(d) of such Code is amended by adding at FOR FOSSIL FUELS.—Section 199(d)(9) of such payer which is a major integrated oil com- the end the following new paragraph: Code is amended by adding at the end the pany (within the meaning of section ‘‘(4) PHASE OUT OF MARGINAL WELLS CRED- following new subparagraph: 167(h)(5)), the amount of expenditures related IT.—In the case of a dual capacity taxpayer ‘‘(D) PHASE OUT OF DEDUCTION FOR OIL RE- to oil shale which are allowed as a deduction which is a major integrated oil company LATED QUALIFIED PRODUCTION ACTIVITIES IN- under subsection (a) shall be reduced by— (within the meaning of section 167(h)(5)), the COME.—In the case of a dual capacity tax- ‘‘(1) in the case of any such expenditures amount of the credit determined under sub- payer which is a major integrated oil com- paid or incurred after December 31, 2016, and section (a) shall be reduced by— pany (within the meaning of section before January 1, 2018, 20 percent, ‘‘(A) in the case of any qualified crude oil 167(h)(5)), the amount allowable as a deduc- ‘‘(2) in the case of any such expenditures production or qualified natural gas produc- tion under subsection (a) (determined after paid or incurred after December 31, 2017, and tion after December 31, 2016, and before Jan- the application of subparagraph (A) and before January 1, 2019, 40 percent, uary 1, 2018, 20 percent,

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‘‘(B) in the case of any qualified crude oil SEC. 6012. FEDERAL LAND OPEN TO HUNTING, (c) TEMPORARY CLOSURES.— production or qualified natural gas produc- FISHING, AND RECREATIONAL (1) IN GENERAL.—A temporary closure tion after December 31, 2017, and before Jan- SHOOTING. under this section may not exceed a period of uary 1, 2019, 40 percent, (a) IN GENERAL.—Subject to subsection (b), 180 days. ‘‘(C) in the case of any qualified crude oil Federal land shall be open to hunting, fish- (2) RENEWAL.—Except in an emergency, a production or qualified natural gas produc- ing, and recreational shooting, in accordance temporary closure for the same area of land tion after December 31, 2018, and before Jan- with applicable law, unless the Secretary closed to the same activities— uary 1, 2020, 60 percent, and concerned closes an area in accordance with (A) may not be renewed more than 3 times ‘‘(D) in the case of any qualified crude oil section 6013. after the first temporary closure; and (b) EFFECT OF SUBTITLE.—Nothing in this production or qualified natural gas produc- (B) must be subject to a separate notice subtitle opens to hunting, fishing, or rec- tion after December 31, 2019, 100 percent.’’. and comment procedure in accordance with reational shooting any land that is not open subsection (b)(2). to those activities as of the date of enact- SA 3177. Ms. MURKOWSKI submitted (3) EFFECT OF TEMPORARY CLOSURE.—Any ment of this Act. an amendment intended to be proposed Federal land that is temporarily closed to to amendment SA 2953 proposed by Ms. SEC. 6013. CLOSURE OF FEDERAL LAND TO HUNT- hunting, fishing, or recreational shooting ING, FISHING, AND RECREATIONAL MURKOWSKI to the bill S. 2012, to pro- SHOOTING. under this section shall not become perma- vide for the modernization of the en- (a) AUTHORIZATION.— nently closed to that activity without a sep- arate public notice and opportunity to com- ergy policy of the United States, and (1) IN GENERAL.—Subject to paragraph (2) for other purposes; which was ordered and in accordance with section 302(b) of the ment in accordance with subsection (b)(2). (d) REPORTING.—On an annual basis, the to lie on the table; as follows: Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(b)), the Secretary con- Secretaries concerned shall— At the end, add the following: cerned may designate any area on Federal (1) publish on a public website a list of all TITLE VI—PROTECTING AND ENHANCING land in which, and establish any period dur- areas of Federal land temporarily or perma- OPPORTUNITIES FOR HUNTING, FISH- ing which, for reasons of public safety, ad- nently subject to a closure under this sec- ING, AND RECREATIONAL SHOOTING ministration, or compliance with applicable tion; and Subtitle A—National Policy laws, no hunting, fishing, or recreational (2) submit to the Committee on Energy and SEC. 6001. CONGRESSIONAL DECLARATION OF shooting shall be permitted. Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the NATIONAL POLICY. (2) REQUIREMENT.—In making a designation (a) IN GENERAL.—Congress declares that it under paragraph (1), the Secretary concerned Senate and the Committee on Natural Re- is the policy of the United States that Fed- shall designate the smallest area for the sources and the Committee on Agriculture of eral departments and agencies, in accord- least amount of time that is required for the House of Representatives a report that ance with the missions of the departments public safety, administration, or compliance identifies— and agencies, Executive Orders 12962 and with applicable laws. (A) a list of each area of Federal land tem- 13443 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. (b) CLOSURE PROCEDURES.— porarily or permanently subject to a closure; Reg. 46537 (August 16, 2007)), and applicable (1) IN GENERAL.—Except in an emergency, (B) the acreage of each closure; and law, shall— before permanently or temporarily closing (C) a survey of— (1) facilitate the expansion and enhance- any Federal land to hunting, fishing, or rec- (i) the aggregate areas and acreage closed ment of hunting, fishing, and recreational reational shooting, the Secretary concerned under this section in each State; and shooting opportunities on Federal land, in shall— (ii) the percentage of Federal land in each consultation with the Wildlife and Hunting (A) consult with State fish and wildlife State closed under this section with respect Heritage Conservation Council, the Sport agencies; and to hunting, fishing, and recreational shoot- Fishing and Boating Partnership Council, (B) provide public notice and opportunity ing. State and tribal fish and wildlife agencies, for comment under paragraph (2). (e) APPLICATION.—This section shall not and the public; (2) PUBLIC NOTICE AND COMMENT.— apply if the closure is— (2) conserve and enhance aquatic systems (A) IN GENERAL.—Public notice and com- (1) less than 14 days in duration; and and the management of game species and the ment shall include— (2) covered by a special use permit. habitat of those species on Federal land, in- (i) a notice of intent— SEC. 6014. SHOOTING RANGES. cluding through hunting and fishing, in a (I) published in advance of the public com- (a) IN GENERAL.—Except as provided in manner that respects— ment period for the closure— subsection (b), the Secretary concerned may, (A) State management authority over (aa) in the Federal Register; in accordance with this section and other ap- wildlife resources; and (bb) on the website of the applicable Fed- plicable law, lease or permit the use of Fed- (B) private property rights; and eral agency; eral land for a shooting range. (3) consider hunting, fishing, and rec- (cc) on the website of the Federal land (b) EXCEPTION.—The Secretary concerned reational shooting opportunities as part of unit, if available; and shall not lease or permit the use of Federal all Federal plans for land, resource, and trav- (dd) in at least 1 local newspaper; land for a shooting range, within— el management. (II) made available in advance of the public (1) a component of the National Landscape (b) EXCLUSION.—In this title, the term comment period to local offices, chapters, Conservation System; ‘‘fishing’’ does not include commercial fish- and affiliate organizations in the vicinity of (2) a component of the National Wilderness ing in which fish are harvested, either in the closure that are signatories to the Preservation System; whole or in part, that are intended to enter memorandum of understanding entitled (3) any area that is— commerce through sale. ‘‘Federal Lands Hunting, Fishing, and Shoot- (A) designated as a wilderness study area; Subtitle B—Sportsmen’s Access to Federal ing Sports Roundtable Memorandum of Un- (B) administratively classified as— Land derstanding’’; and (i) wilderness-eligible; or SEC. 6011. DEFINITIONS. (III) that describes— (ii) wilderness-suitable; or In this subtitle: (aa) the proposed closure; and (C) a primitive or semiprimitive area; (1) FEDERAL LAND.—The term ‘‘Federal (bb) the justification for the proposed clo- (4) a national monument, national volcanic land’’ means— sure, including an explanation of the reasons monument, or national scenic area; or (A) any land in the National Forest Sys- and necessity for the decision to close the (5) a component of the National Wild and tem (as defined in section 11(a) of the Forest area to hunting, fishing, or recreational Scenic Rivers System (including areas des- and Rangeland Renewable Resources Plan- shooting; and ignated for study for potential addition to ning Act of 1974 (16 U.S.C. 1609(a))) that is ad- (ii) an opportunity for public comment for the National Wild and Scenic Rivers Sys- ministered by the Secretary of Agriculture, a period of— tem). acting through the Chief of the Forest Serv- (I) not less than 60 days for a permanent SEC. 6015. FEDERAL ACTION TRANSPARENCY. ice; and closure; or (a) MODIFICATION OF EQUAL ACCESS TO JUS- (B) public lands (as defined in section 103 of (II) not less than 30 days for a temporary TICE PROVISIONS.— the Federal Land Policy and Management closure. (1) AGENCY PROCEEDINGS.—Section 504 of Act of 1976 (43 U.S.C. 1702)), the surface of (B) FINAL DECISION.—In a final decision to title 5, United States Code, is amended— which is administered by the Secretary of permanently or temporarily close an area to (A) in subsection (c)(1), by striking ‘‘, the Interior, acting through the Director of hunting, fishing, or recreation shooting, the United States Code’’; the Bureau of Land Management. Secretary concerned shall— (B) by redesignating subsection (f) as sub- (2) SECRETARY CONCERNED.—The term ‘‘Sec- (i) respond in a reasoned manner to the section (i); and retary concerned’’ means— comments received; (C) by striking subsection (e) and inserting (A) the Secretary of Agriculture, with re- (ii) explain how the Secretary concerned the following: spect to land described in paragraph (1)(A); resolved any significant issues raised by the ‘‘(e)(1) Not later than March 31 of the first and comments; and fiscal year beginning after the date of enact- (B) the Secretary of the Interior, with re- (iii) show how the resolution led to the clo- ment of the Energy Policy Modernization spect to land described in paragraph (1)(B). sure. Act of 2016, and every fiscal year thereafter,

VerDate Sep 11 2014 03:25 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.029 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S446 CONGRESSIONAL RECORD — SENATE February 1, 2016 the Chairman of the Administrative Con- ‘‘(ii) The disclosure of fees and other ex- ‘‘(5) A brief description of the facts that ference of the United States, after consulta- penses required under clause (i) shall not af- gave rise to the claim. tion with the Chief Counsel for Advocacy of fect any other information that is subject to ‘‘(6) The name of the agency that sub- the Small Business Administration, shall a nondisclosure provision in a settlement mitted the claim.’’. submit to Congress and make publicly avail- agreement. Subtitle C—Filming on Federal Land able online a report on the amount of fees ‘‘(D) The Chairman of the Administrative Management Agency Land and other expenses awarded during the pre- Conference of the United States shall include SEC. 6021. COMMERCIAL FILMING. ceding fiscal year under this section. and clearly identify in each annual report (a) IN GENERAL.—Section 1 of Public Law ‘‘(2) Each report under paragraph (1) shall under subparagraph (A), for each case in 106–206 (16 U.S.C. 460l–6d) is amended— describe the number, nature, and amount of which an award of fees and other expenses is (1) by redesignating subsections (a) the awards, the claims involved in the con- included in the report— through (f) as subsections (b) through (g), re- troversy, and any other relevant information ‘‘(i) any amounts paid under section 1304 of spectively; that may aid Congress in evaluating the title 31 for a judgment in the case; (2) by inserting before subsection (b) (as so scope and impact of such awards. ‘‘(ii) the amount of the award of fees and redesignated) the following: ‘‘(3)(A) Each report under paragraph (1) other expenses; and ‘‘(a) DEFINITION OF SECRETARY.—The term shall account for all payments of fees and ‘‘(iii) the statute under which the plaintiff ‘Secretary’ means the Secretary of the Inte- other expenses awarded under this section filed suit. rior or the Secretary of Agriculture, as ap- that are made pursuant to a settlement ‘‘(6) As soon as practicable, and in any plicable, with respect to land under the re- agreement, regardless of whether the settle- event not later than the date on which the spective jurisdiction of the Secretary.’’; ment agreement is sealed or otherwise sub- first report under paragraph (5)(A) is re- (3) in subsection (b) (as so redesignated)— ject to a nondisclosure provision. quired to be submitted, the Chairman of the (A) in paragraph (1)— ‘‘(B) The disclosure of fees and other ex- Administrative Conference of the United penses required under subparagraph (A) shall States shall create and maintain online a (i) in the first sentence, by striking ‘‘of the not affect any other information that is sub- searchable database containing, with respect Interior or the Secretary of Agriculture ject to a nondisclosure provision in a settle- to each award of fees and other expenses (hereafter individually referred to as the ment agreement. under this subsection made on or after the ‘Secretary’ with respect to land (except land ‘‘(f) As soon as practicable, and in any date of enactment of the Energy Policy Mod- in a System unit as defined in section 100102 event not later than the date on which the ernization Act of 2016, the following informa- of title 54, United States Code) under their first report under subsection (e)(1) is re- tion: respective jurisdictions)’’; and quired to be submitted, the Chairman of the ‘‘(A) The case name and number, (ii) in subparagraph (B), by inserting ‘‘, ex- Administrative Conference of the United hyperlinked to the case, if available. cept in the case of film crews of 3 or fewer in- States shall create and maintain online a ‘‘(B) The name of the agency involved in dividuals’’ before the period at the end; and searchable database containing, with respect the case. (B) by adding at the end the following: to each award of fees and other expenses ‘‘(C) The name of each party to whom the ‘‘(3) FEE SCHEDULE.—Not later than 180 under this section made on or after the date award was made as such party is identified days after the date of enactment of the En- of enactment of the Energy Policy Mod- in the order or other court document making ergy Policy Modernization Act of 2016, to en- ernization Act of 2016, the following informa- the award. hance consistency in the management of tion: ‘‘(D) A description of the claims in the Federal land, the Secretaries shall publish a ‘‘(1) The case name and number of the ad- case. single joint land use fee schedule for com- mercial filming and still photography.’’; versary adjudication, if available, ‘‘(E) The amount of the award. (4) in subsection (c) (as so redesignated), in hyperlinked to the case, if available. ‘‘(F) The basis for the finding that the po- the second sentence, by striking ‘‘subsection ‘‘(2) The name of the agency involved in sition of the agency concerned was not sub- (a)’’ and inserting ‘‘subsection (b)’’; the adversary adjudication. stantially justified. ‘‘(3) A description of the claims in the ad- ‘‘(7) The online searchable database de- (5) in subsection (d) (as so redesignated), in versary adjudication. scribed in paragraph (6) may not reveal any the heading, by inserting ‘‘Commercial’’ be- ‘‘(4) The name of each party to whom the information the disclosure of which is pro- fore ‘‘Still’’; award was made as such party is identified hibited by law or a court order. (6) in paragraph (1) of subsection (f) (as so in the order or other court document making ‘‘(8) The head of each agency (including the redesignated), by inserting ‘‘in accordance the award. Attorney General of the United States) shall with the Federal Lands Recreation Enhance- ‘‘(5) The amount of the award. provide to the Chairman of the Administra- ment Act (16 U.S.C. 6801 et seq.),’’ after ‘‘(6) The basis for the finding that the posi- tive Conference of the United States in a ‘‘without further appropriation,’’; tion of the agency concerned was not sub- timely manner all information requested by (7) in subsection (g) (as so redesignated)— stantially justified. the Chairman to comply with the require- (A) by striking ‘‘The Secretary shall’’ and ‘‘(g) The online searchable database de- ments of paragraphs (5), (6), and (7).’’. inserting the following: scribed in subsection (f) may not reveal any (3) TECHNICAL AND CONFORMING AMEND- ‘‘(1) IN GENERAL.—The Secretary shall’’; information the disclosure of which is pro- MENTS.—Section 2412 of title 28, United and hibited by law or a court order. States Code, is amended— (B) by adding at the end the following: ‘‘(h) The head of each agency shall provide (A) in subsection (d)(3), by striking ‘‘(2) CONSIDERATIONS.—The Secretary shall to the Chairman of the Administrative Con- ‘‘United States Code,’’; and not consider subject matter or content as a ference of the United States in a timely (B) in subsection (e)— criterion for issuing or denying a permit manner all information requested by the (i) by striking ‘‘of section 2412 of title 28, under this Act.’’; and Chairman to comply with the requirements United States Code,’’ and inserting ‘‘of this (8) by adding at the end the following: of subsections (e), (f), and (g).’’. section’’; and ‘‘(h) EXEMPTION FROM COMMERCIAL FILMING (2) COURT CASES.—Section 2412(d) of title (ii) by striking ‘‘of such title’’ and insert- OR STILL PHOTOGRAPHY PERMITS AND FEES.— 28, United States Code, is amended by adding ing ‘‘of this title’’. The Secretary shall not require persons hold- at the end the following: (b) JUDGMENT FUND TRANSPARENCY.—Sec- ing commercial use authorizations or special ‘‘(5)(A) Not later than March 31 of the first tion 1304 of title 31, United States Code, is recreation permits to obtain an additional fiscal year beginning after the date of enact- amended by adding at the end the following: permit or pay a fee for commercial filming ment of the Energy Policy Modernization ‘‘(d) Beginning not later than the date that or still photography under this Act if the Act of 2016, and every fiscal year thereafter, is 60 days after the date of enactment of the filming or photography conducted is— the Chairman of the Administrative Con- Energy Policy Modernization Act of 2016, and ‘‘(1) incidental to the permitted activity ference of the United States shall submit to unless the disclosure of such information is that is the subject of the commercial use au- Congress and make publicly available online otherwise prohibited by law or a court order, thorization or special recreation permit; and a report on the amount of fees and other ex- the Secretary of the Treasury shall make ‘‘(2) the holder of the commercial use au- penses awarded during the preceding fiscal available to the public on a website, as soon thorization or special recreation permit is an year pursuant to this subsection. as practicable, but not later than 30 days individual or small business concern (within ‘‘(B) Each report under subparagraph (A) after the date on which a payment under this the meaning of section 3 of the Small Busi- shall describe the number, nature, and section is tendered, the following informa- ness Act (15 U.S.C. 632)). amount of the awards, the claims involved in tion with regard to that payment: ‘‘(i) EXCEPTION FROM CERTAIN FEES.—Com- the controversy, and any other relevant in- ‘‘(1) The name of the specific agency or en- mercial filming or commercial still photog- formation that may aid Congress in evalu- tity whose actions gave rise to the claim or raphy shall be exempt from fees under this ating the scope and impact of such awards. judgment. Act, but not from recovery of costs under ‘‘(C)(i) Each report under subparagraph (A) ‘‘(2) The name of the plaintiff or claimant. subsection (c), if the activity— shall account for all payments of fees and ‘‘(3) The name of counsel for the plaintiff ‘‘(1) is conducted by an entity that is a other expenses awarded under this sub- or claimant. small business concern (within the meaning section that are made pursuant to a settle- ‘‘(4) The amount paid representing prin- of section 3 of the Small Business Act (15 ment agreement, regardless of whether the cipal liability, and any amounts paid rep- U.S.C. 632)); settlement agreement is sealed or otherwise resenting any ancillary liability, including ‘‘(2) is conducted by a crew of not more subject to a nondisclosure provision. attorney fees, costs, and interest. than 3 individuals; and

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‘‘(3) uses only a camera and tripod. (1) SECRETARY.—The term ‘‘Secretary’’ (4) ADJACENT LAND STATUS.—For each par- ‘‘(j) APPLICABILITY TO NEWS GATHERING AC- means— cel of land on the priority list, the Secretary TIVITIES.— (A) the Secretary of the Interior, with re- shall include in the priority list whether re- ‘‘(1) IN GENERAL.—News gathering shall not spect to land administered by— solving the issue of public access or egress to be considered a commercial activity. (i) the Director of the National Park Serv- the land would require acquisition of an ‘‘(2) INCLUDED ACTIVITIES.—In this sub- ice; easement, right-of-way, or fee title from— section, the term ‘news gathering’ includes, (ii) the Director of the United States Fish (A) another Federal agency; at a minimum, the gathering, recording, and and Wildlife Service; and (B) a State, local, or tribal government; or filming of news and information related to (iii) the Director of the Bureau of Land (C) a private landowner. news in any medium.’’. Management; and (5) NOMINATION PROCESS.—In preparing a (b) CONFORMING AMENDMENTS.—Chapter (B) the Secretary of Agriculture, with re- priority list under this section, the Sec- 1009 of title 54, United States Code, is amend- spect to land administered by the Chief of retary shall provide an opportunity for mem- ed— the Forest Service. bers of the public to nominate parcels for in- (1) by striking section 100905; and (2) STATE OR REGIONAL OFFICE.—The term clusion on the priority list. (2) in the table of sections for chapter 1009 ‘‘State or regional office’’ means— (c) ACCESS OPTIONS.—With respect to land of title 54, United States Code, by striking (A) a State office of the Bureau of Land included on a priority list described in sub- the item relating to section 100905. Management; or section (b), the Secretary shall develop and Subtitle D—Bows, Wildlife Management, and (B) a regional office of— submit to the Committees on Appropriations Access Opportunities for Recreation, Hunt- (i) the National Park Service; and Energy and Natural Resources of the ing, and Fishing (ii) the United States Fish and Wildlife Senate and the Committees on Appropria- SEC. 6031. BOWS IN PARKS. Service; or tions and Natural Resources of the House of (a) IN GENERAL.—Chapter 1049 of title 54, (iii) the Forest Service. Representatives a report on options for pro- United States Code (as amended by section (3) TRAVEL MANAGEMENT PLAN.—The term viding access that— 5001(a)), is amended by adding at the end the ‘‘travel management plan’’ means a plan for (1) identifies how public access and egress following: the management of travel— could reasonably be provided to the legal ‘‘§ 104909. Bows in parks (A) with respect to land under the jurisdic- boundaries of the land in a manner that ‘‘(a) DEFINITION OF NOT READY FOR IMME- tion of the National Park Service, on park minimizes the impact on wildlife habitat and DIATE USE.—The term ‘not ready for imme- roads and designated routes under section water quality; diate use’ means— 4.10 of title 36, Code of Federal Regulations (2) specifies the steps recommended to se- ‘‘(1) a bow or crossbow, the arrows of which (or successor regulations); cure the access and egress, including acquir- are secured or stowed in a quiver or other (B) with respect to land under the jurisdic- ing an easement, right-of-way, or fee title arrow transport case; and tion of the United States Fish and Wildlife from a willing owner of any land that abuts ‘‘(2) with respect to a crossbow, uncocked. Service, on the land under a comprehensive the land or the need to coordinate with State ‘‘(b) VEHICULAR TRANSPORTATION AUTHOR- conservation plan prepared under section land management agencies or other Federal, IZED.—The Director shall not promulgate or 4(e) of the National Wildlife Refuge System State, or tribal governments to allow for enforce any regulation that prohibits an in- Administration Act of 1966 (16 U.S.C. such access and egress; and dividual from transporting bows and cross- 668dd(e)); (3) is consistent with the travel manage- bows that are not ready for immediate use (C) with respect to land under the jurisdic- ment plan in effect on the land. across any System unit in the vehicle of the tion of the Forest Service, on National For- (d) PROTECTION OF PERSONALLY IDENTI- individual if— est System land under part 212 of title 36, FYING INFORMATION.—In making the priority ‘‘(1) the individual is not otherwise prohib- Code of Federal Regulations (or successor list and report prepared under subsections ited by law from possessing the bows and regulations); and (b) and (c) available, the Secretary shall en- crossbows; (D) with respect to land under the jurisdic- sure that no personally identifying informa- ‘‘(2) the bows or crossbows that are not tion of the Bureau of Land Management, tion is included, such as names or addresses ready for immediate use remain inside the under a resource management plan devel- of individuals or entities. vehicle of the individual throughout the pe- oped under the Federal Land Policy and (e) WILLING OWNERS.—For purposes of pro- riod during which the bows or crossbows are Management Act of 1976 (43 U.S.C. 1701 et viding any permits to, or entering into transported across System land; and seq.). agreements with, a State, local, or tribal ‘‘(3) the possession of the bows and cross- (b) PRIORITY LISTS REQUIRED.— government or private landowner with re- bows is in compliance with the law of the (1) IN GENERAL.—Not later than 180 days spect to the use of land under the jurisdic- State in which the System unit is located.’’. after the date of enactment of this Act, an- tion of the government or landowner, the (b) CLERICAL AMENDMENT.—The table of nually during the 10-year period beginning sections for chapter 1049 of title 54, United Secretary shall not take into account wheth- on the date on which the first priority list is States Code (as amended by section 5001(b)), er the State, local, or tribal government or is amended by inserting after the item relat- completed, and every 5 years after the end of private landowner has granted or denied pub- ing to section 104908 the following: the 10-year period, the Secretary shall pre- lic access or egress to the land. pare a priority list, to be made publicly ‘‘104909. Bows in parks.’’. (f) MEANS OF PUBLIC ACCESS AND EGRESS available on the website of the applicable INCLUDED.—In considering public access and SEC. 6032. WILDLIFE MANAGEMENT IN PARKS. Federal agency referred to in subsection egress under subsections (b) and (c), the Sec- (a) IN GENERAL.—Chapter 1049 of title 54, (a)(1), which shall identify the location and retary shall consider public access and egress United States Code (as amended by section acreage of land within the jurisdiction of 6031(a)), is amended by adding at the end the to the legal boundaries of the land described each State or regional office on which the following: in those subsections, including access and public is allowed, under Federal or State egress— ‘‘SEC. 104910. WILDLIFE MANAGEMENT IN PARKS. law, to hunt, fish, or use the land for other (1) by motorized or non-motorized vehicles; ‘‘(a) USE OF QUALIFIED VOLUNTEERS.—If the recreational purposes but— Secretary determines it is necessary to re- and (A) to which there is no public access or duce the size of a wildlife population on Sys- (2) on foot or horseback. egress; or tem land in accordance with applicable law (g) EFFECT.— (B) to which public access or egress to the (including regulations), the Secretary may (1) IN GENERAL.—This section shall have no legal boundaries of the land is significantly use qualified volunteers to assist in carrying effect on whether a particular recreational out wildlife management on System land. restricted (as determined by the Secretary). use shall be allowed on the land included in ‘‘(b) REQUIREMENTS FOR QUALIFIED VOLUN- (2) MINIMUM SIZE.—Any land identified a priority list under this section. TEERS.—Qualified volunteers providing as- under paragraph (1) shall consist of contig- (2) EFFECT OF ALLOWABLE USES ON AGENCY sistance under subsection (a) shall be subject uous acreage of at least 640 acres. CONSIDERATION.—In preparing the priority to— (3) CONSIDERATIONS.—In preparing the pri- list under subsection (b), the Secretary shall ‘‘(1) any training requirements or quali- ority list required under paragraph (1), the only consider recreational uses that are al- fications established by the Secretary; and Secretary shall consider with respect to the lowed on the land at the time that the pri- ‘‘(2) any other terms and conditions that land— ority list is prepared. (A) whether access is absent or merely re- the Secretary may require.’’. Subtitle E—Federal Land Transaction (b) CLERICAL AMENDMENT.—The table of stricted, including the extent of the restric- Facilitation Act sections for chapter 1049 of title 54 (as tion; amended by section 6031(b)), United States (B) the likelihood of resolving the absence SEC. 6041. FEDERAL LAND TRANSACTION FACILI- Code, is amended by inserting after the item of or restriction to public access; TATION ACT. relating to section 104909 the following: (C) the potential for recreational use; (a) IN GENERAL.—The Federal Land Trans- ‘‘104910. Wildlife management in parks.’’. (D) any information received from the pub- action Facilitation Act is amended— SEC. 6033. IDENTIFYING OPPORTUNITIES FOR lic or other stakeholders during the nomina- (1) in section 203(2) (43 U.S.C. 2302(2)), by RECREATION, HUNTING, AND FISH- tion process described in paragraph (5); and striking ‘‘on the date of enactment of this ING ON FEDERAL LAND. (E) any other factor as determined by the Act was’’ and inserting ‘‘is’’; (a) DEFINITIONS.—In this section: Secretary. (2) in section 205 (43 U.S.C. 2304)—

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(A) in subsection (a), by striking ‘‘(as in ef- (e) FEDERAL DEMONSTRATION OF TECH- (C) ANALYSIS OF RESPONSES.—The Sec- fect on the date of enactment of this Act)’’; NOLOGIES.— retary shall— and (1) DEFINITIONS.—In this subsection: (i) analyze the information submitted by (B) by striking subsection (d); (A) ELECTRIC TRANSPORTATION TECH- each Federal agency under subparagraph (3) in section 206 (43 U.S.C. 2305), by strik- NOLOGY.—The term ‘‘electric transportation (B)(i); ing subsection (f); and technology’’ has the meaning given the term (ii) approve or suggest amendments to the (4) in section 207(b) (43 U.S.C. 2306(b))— in section 131(a) of the Energy Independence plan of each Federal agency to ensure that (A) in paragraph (1)— and Security Act of 2007 (42 U.S.C. 17011(a)). the plan is consistent with the goals and re- (i) by striking ‘‘96–568’’ and inserting ‘‘96– (B) TRANSPORTATION TECHNOLOGY.—The quirements of this Act; and 586’’; and term ‘‘transportation technology’’ means (iii) submit a plan to Congress and the Ad- (ii) by striking ‘‘; or’’ and inserting a semi- transportation technology other than elec- ministrator of General Services to be used in colon; tric transportation technology. developing the pilot program described in (B) in paragraph (2)— (2) ASSESSMENT AND REPORT.—The Sec- paragraph (4). (i) by inserting ‘‘Public Law 105–263;’’ be- retary, in coordination with the Adminis- (4) PILOT PROGRAM TO DEPLOY ELECTRIC fore ‘‘112 Stat.’’; and trator of General Services, shall— TRANSPORTATION TECHNOLOGIES IN THE FED- (ii) by striking the period at the end and (A) make information available to procure- ERAL TRANSPORTATION TECHNOLOGY FLEET.— inserting a semicolon; and ment programs of Federal agencies regarding (A) IN GENERAL.—The Administrator of (C) by adding at the end the following: the potential to demonstrate technologies General Services shall acquire electric trans- ‘‘(3) the White Pine County Conservation, resulting from activities funded through pro- portation technologies and the requisite Recreation, and Development Act of 2006 grams under this Act; and charging infrastructure to be deployed in a (Public Law 109–432; 120 Stat. 3028); (B) complete an assessment of the electric range of locations in the Federal fleet during ‘‘(4) the Lincoln County Conservation, transportation technology of each Federal the 5-year period beginning on the date of Recreation, and Development Act of 2004 agency, including the vehicle fleets of the enactment of this Act. (Public Law 108–424; 118 Stat. 2403); United States Postal Service and the Depart- (B) DATA COLLECTION.—The Administrator ‘‘(5) subtitle F of title I of the Omnibus ment of Defense, and submit to Congress a of General Services shall collect data regard- Public Land Management Act of 2009 (16 report that describes— ing— U.S.C. 1132 note; Public Law 111–11); (i) for each Federal agency, which types of (i) the cost, performance, and use of elec- ‘‘(6) subtitle O of title I of the Omnibus transportation technology the agency uses tric transportation technologies in the Fed- Public Land Management Act of 2009 (16 that would or would not be suitable for near- eral fleet; U.S.C. 460www note, 1132 note; Public Law term and medium-term conversion to elec- (ii) the deployment and integration of elec- 111–11); tric transportation technology, taking into tric transportation technologies in the Fed- ‘‘(7) section 2601 of the Omnibus Public account the types of transportation tech- eral fleet; and Land Management Act of 2009 (Public Law nology for which electric transportation (iii) the contribution of electric transpor- 111–11; 123 Stat. 1108); or technology could provide comparable tation technologies in the Federal fleet to- ‘‘(8) section 2606 of the Omnibus Public functionality and lifecycle costs; ward reducing the use of fossil fuels and Land Management Act of 2009 (Public Law (ii) how many plug-in electric drive vehi- greenhouse gas emissions. 111–11; 123 Stat. 1121).’’. cles and other electric transportation tech- (C) REPORT.—Not later than 6 years after (b) FUNDS TO TREASURY.—Of the amounts nologies could be deployed by the Federal the date of enactment of this Act, the Ad- deposited in the Federal Land Disposal Ac- ministrator of General Services shall submit count, there shall be transferred to the gen- Government in the 5-year-period and the 10- year-period following the date of the report, to the appropriate committees of Congress a eral fund of the Treasury $1,000,000 for each report that— of fiscal years 2016 through 2025. assuming that electric transportation tech- nologies are available and are purchased (i) describes the status of electric transpor- Subtitle F—Miscellaneous when new transportation technologies are tation technologies in the Federal fleet; and SEC. 6051. RESPECT FOR TREATIES AND RIGHTS. needed or existing transportation tech- (ii) includes an analysis of the data col- Nothing in this title or the amendments nologies are replaced; lected under this paragraph. made by this title— (iii) the estimated cost to the Federal Gov- (5) FEDERAL REPORTING REQUIREMENTS.— (1) affects or modifies any treaty or other ernment, including estimated fuel and oper- Electricity consumed by Federal agencies to right of any federally recognized Indian ating costs savings over the life of the trans- fuel electric transportation technologies tribe; or portation technology and the estimated pay- shall be— (2) modifies any provision of Federal law back period, for transportation technology (A) considered to be an alternative fuel as relating to migratory birds or to endangered purchases under clause (ii); defined in— or threatened species. (iv) a description of any updates to the as- (i) section 400AA(g) of the Energy Policy SEC. 6052. NO PRIORITY. sessment and report based on new market and Conservation Act (42 U.S.C. 6374(g)); and Nothing in this title or the amendments data; and (ii) section 301 of the Energy Policy Act of made by this title provides a preference to (v) a description of— 1992 (42 U.S.C. 13211)); and hunting, fishing, or recreational shooting (I) how the United States Postal Service is (B) accounted for under Federal fleet man- over any other use of Federal land or water. carrying out its plan to replace the fleet of agement reporting requirements rather than TITLE VII—REFUNDS OF FUNDS USED BY Long Life Vehicles of the United States under Federal building management report- STATES TO OPERATE UNITS OF THE NA- Postal Service; and ing requirements. TIONAL PARK SYSTEM DURING A SHUT- (II) what steps are being taken to ensure DOWN that— SA 3179. Ms. KLOBUCHAR (for her- SEC. 7001. REFUND OF FUNDS USED BY STATES (aa) the procurement takes advantage of self, Mr. HOEVEN, and Mr. WARNER) sub- TO OPERATE NATIONAL PARKS DUR- new fuel saving technologies through regular ING SHUTDOWN. transition of the fleet; and mitted an amendment intended to be (a) IN GENERAL.—The Director of the Na- (bb) best industry practices that take into proposed to amendment SA 2953 pro- tional Park Service shall refund to each account fuel efficiency, including the use of posed by Ms. MURKOWSKI to the bill S. State all funds of the State that were used to electric transport technology, are followed. 2012, to provide for the modernization reopen and temporarily operate a unit of the (3) INVENTORY AND DATA COLLECTION.— of the energy policy of the United National Park System during the period in (A) IN GENERAL.—In carrying out the as- October 2013 in which there was a lapse in States, and for other purposes; which sessment and report under paragraph (2), the appropriations for the unit. was ordered to lie on the table; as fol- Secretary, in consultation with the Adminis- (b) FUNDING.—Funds of the National Park lows: Service that are appropriated after the date trator of General Services, shall— of enactment of this Act shall be used to (i) develop an information request for each On page 174, line 5, insert ‘‘, electric ther- carry out this section. Federal agency that operates a fleet of not mal, electromechanical,’’ after ‘‘materials’’. fewer than 20 motor vehicles; and SA 3178. Mr. MERKLEY submitted an (ii) establish guidelines for each Federal Ms. KLOBUCHAR (for her- agency to use in developing a plan to deploy SA 3180. amendment intended to be proposed to self and Mr. GRAHAM) submitted an amendment SA 2953 proposed by Ms. electric transportation technologies. (B) AGENCY RESPONSES.—Each Federal amendment intended to be proposed to MURKOWSKI to the bill S. 2012, to pro- agency that operates a fleet of not fewer amendment SA 2953 proposed by Ms. vide for the modernization of the en- than 20 motor vehicles shall— MURKOWSKI to the bill S. 2012, to pro- ergy policy of the United States, and (i) collect information on the vehicle fleet vide for the modernization of the en- for other purposes; which was ordered and other transportation technologies of the ergy policy of the United States, and to lie on the table; as follows: agency in response to the information re- for other purposes; which was ordered Strike subsection (e) of section 1306 (relat- quest described in subparagraph (A)(i); and to lie on the table; as follows: ing to a vehicle research and development (ii) develop a plan to deploy electric trans- program) and insert the following: portation technologies. At the end, add the following:

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TITLE VI—METAL THEFT PREVENTION (2) EXCEPTION.—Paragraph (1) shall not statements applicable to a person convicted ACT apply to a recycling agent that is subject to of a criminal violation of section 6003 of this SEC. 6001. SHORT TITLE. a State or local law that sets forth a require- title or any other Federal criminal law based This title may be cited as the ‘‘Metal Theft ment on recycling agents to obtain docu- on the theft of specified metal by such per- Prevention Act of 2016’’. mentation of ownership or proof of authority son. SEC. 6002. DEFINITIONS. to sell specified metal before purchasing (b) CONSIDERATIONS.—In carrying out this In this title— specified metal. section, the Sentencing Commission shall— (1) the term ‘‘critical infrastructure’’ has (3) RESPONSIBILITY OF RECYCLING AGENT.—A (1) ensure that the sentencing guidelines the meaning given the term in section 1016(e) recycling agent is not required to independ- and policy statements reflect the— of the Uniting and Strengthening America ently verify the validity of the documenta- (A) serious nature of the theft of specified by Providing Appropriate Tools Required to tion or other proof of authority described in metal; and Intercept and Obstruct Terrorism (USA PA- paragraph (1). (B) need for an effective deterrent and ap- TRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)); (4) PURCHASE OF STOLEN METAL.—It shall be propriate punishment to prevent such theft; (2) the term ‘‘specified metal’’ means unlawful for a recycling agent to purchase (2) consider the extent to which the guide- metal that— any specified metal that the recycling lines and policy statements appropriately (A)(i) is marked with the name, logo, or agent— account for— initials of a city, county, State, or Federal (A) knows to be stolen; or (A) the potential and actual harm to the government entity, a railroad, an electric, (B) should know or believe, based upon public from the offense, including any dam- gas, or water company, a telephone com- commercial experience and practice, to be age to critical infrastructure; pany, a cable company, a retail establish- stolen. (B) the amount of loss, or the costs associ- ment, a beer supplier or distributor, or a (b) CIVIL PENALTY.—A person who know- ated with replacement or repair, attributable public utility; or ingly violates subsection (a) shall be subject to the offense; (ii) has been altered for the purpose of re- to a civil penalty of not more than $10,000 for (C) the level of sophistication and planning moving, concealing, or obliterating a name, each violation. involved in the offense; and logo, or initials described in clause (i) SEC. 6005. ENFORCEMENT BY ATTORNEY GEN- (D) whether the offense was intended to or through burning or cutting of wire sheathing ERAL. had the effect of creating a threat to public or other means; or The Attorney General may bring an en- health or safety, injury to another person, or (B) is part of— forcement action in an appropriate United death; (i) a street light pole or street light fix- States district court against any person that (3) account for any additional aggravating ture; engages in conduct that violates this title. or mitigating circumstances that may jus- (ii) a road or bridge guard rail; SEC. 6006. ENFORCEMENT BY STATE ATTORNEYS tify exceptions to the generally applicable (iii) a highway or street sign; GENERAL. sentencing ranges; (iv) a water meter cover; (a) IN GENERAL.—An attorney general or (4) assure reasonable consistency with (v) a storm water grate; equivalent regulator of a State may bring a other relevant directives and with other sen- (vi) unused or undamaged building con- civil action in the name of the State, as tencing guidelines and policy statements; struction or utility material; parens patriae on behalf of natural persons and (vii) a historical marker; residing in the State, in any district court of (5) assure that the sentencing guidelines (viii) a grave marker or cemetery urn; the United States or other competent court and policy statements adequately meet the (ix) a utility access cover; or having jurisdiction over the defendant, to se- purposes of sentencing as set forth in section (x) a container used to transport or store cure monetary or equitable relief for a viola- 3553(a)(2) of title 18, United States Code. beer with a capacity of 5 gallons or more; tion of this title. SEC. 6008. CONFIDENTIALITY. (C) is a wire or cable commonly used by (b) NOTICE REQUIRED.—Not later than 30 Any information collected or retained communications and electrical utilities; or days before the date on which an action under this title may be disclosed to any Fed- (D) is copper, aluminum, and other metal under subsection (a) is filed, the attorney eral, State, or local law enforcement author- (including any metal combined with other general or equivalent regulator of the State ity or as otherwise directed by a court of materials) that is valuable for recycling or involved shall provide to the Attorney Gen- law. reuse as raw metal, except for— eral— (1) written notice of the action; and SEC. 6009. STATE AND LOCAL LAW NOT PRE- (i) aluminum cans; and EMPTED. (ii) motor vehicles, the purchases of which (2) a copy of the complaint for the action. Nothing in this title shall be construed to are reported to the National Motor Vehicle (c) ATTORNEY GENERAL ACTION.—Upon re- preempt any State or local law regulating Title Information System (established under ceiving notice under subsection (b), the At- the sale or purchase of specified metal, the section 30502 of title 49, United States Code); torney General shall have the right— reporting of such transactions, or any other and (1) to intervene in the action; aspect of the metal recycling industry. (3) the term ‘‘recycling agent’’ means any (2) upon so intervening, to be heard on all person engaged in the business of purchasing matters arising therein; SEC. 6010. EFFECTIVE DATE. specified metal for reuse or recycling, with- (3) to remove the action to an appropriate This title shall take effect 180 days after out regard to whether that person is engaged district court of the United States; and the date of enactment of this Act. in the business of recycling or otherwise (4) to file petitions for appeal. processing the purchased specified metal for (d) PENDING FEDERAL PROCEEDINGS.—If a SA 3181. Ms. HEITKAMP (for herself civil action has been instituted by the Attor- reuse. and Mrs. CAPITO) submitted an amend- SEC. 6003. THEFT OF SPECIFIED METAL. ney General for a violation of this title, no State may, during the pendency of the ac- ment intended to be proposed to (a) OFFENSE.—It shall be unlawful to know- amendment SA 2953 proposed by Ms. ingly steal specified metal— tion instituted by the Attorney General, in- (1) being used in or affecting interstate or stitute a civil action under this title against MURKOWSKI to the bill S. 2012, to pro- foreign commerce; and any defendant named in the complaint in the vide for the modernization of the en- (2) the theft of which is from and harms civil action for any violation alleged in the ergy policy of the United States, and critical infrastructure. complaint. for other purposes; which was ordered (b) PENALTY.—Any person who commits an (e) CONSTRUCTION.—For purposes of bring- to lie on the table; as follows: offense described in subsection (a) shall be ing a civil action under subsection (a), noth- At the appropriate place, insert the fol- fined under title 18, United States Code, im- ing in this section regarding notification lowing: prisoned not more than 10 years, or both. shall be construed to prevent the attorney SEC. 6004. DOCUMENTATION OF OWNERSHIP OR general or equivalent regulator of the State SEC. lll. NEW SOURCE REVIEW. AUTHORITY TO SELL. from exercising any powers conferred under Section 111 of the Clean Air Act (42 U.S.C. (a) OFFENSES.— the laws of that State to— 7411) is amended by adding at the end the fol- (1) IN GENERAL.—Except as provided in (1) conduct investigations; lowing: paragraph (2), it shall be unlawful for a recy- (2) administer oaths or affirmations; or ‘‘(k) NEW SOURCE REVIEW NOT REQUIRED.— cling agent to purchase specified metal de- (3) compel the attendance of witnesses or ‘‘(1) IN GENERAL.—Any physical change in scribed in subparagraph (A) or (B) of section the production of documentary and other an existing source, or in the method of oper- 6002(2), unless— evidence. ation of an existing source, that increases (A) the seller, at the time of the trans- SEC. 6007. DIRECTIVE TO SENTENCING COMMIS- the efficiency of the existing source or re- action, provides documentation of ownership SION. duces mass emissions of the existing source of, or other proof of the authority of the sell- (a) IN GENERAL.—Pursuant to its authority that are subject to the provisions of this Act er to sell, the specified metal; and under section 994 of title 28, United States (as compared to the average annual emis- (B) there is a reasonable basis to believe Code, and in accordance with this section, sions of the existing source in any 1 of the that the documentation or other proof of au- the United States Sentencing Commission, preceding 10 calendar years), for purposes of thority provided under subparagraph (A) is shall review and, if appropriate, amend the compliance with a regulation promulgated valid. Federal Sentencing Guidelines and policy under this Act, by lowering the rate or mass

VerDate Sep 11 2014 03:25 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A01FE6.031 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S450 CONGRESSIONAL RECORD — SENATE February 1, 2016 of carbon dioxide emissions from the exist- (2) SECRETARY.—The term ‘‘Secretary’’ The PRESIDING OFFICER. Without ing source shall not require, cause, or other- means the Secretary of Commerce. objection, it is so ordered. wise trigger a new source review under this (b) STRATEGY.—The Secretary, consistent The resolution (S. Res. 347) was Act.’’. with the National Export Initiative (estab- agreed to. lished by Executive Order 13534 (75 Fed. Reg. The preamble was agreed to. SA 3182. Mr. ROUNDS submitted an 12,433)), shall develop a strategy that in- amendment intended to be proposed to cludes providing information, tools, and (The resolution, with its preamble, is amendment SA 2953 proposed by Ms. other assistance to United States businesses printed in the RECORD of January 20, 2016, under ‘‘Submitted Resolutions.’’) MURKOWSKI to the bill S. 2012, to pro- to promote clean energy technology manu- vide for the modernization of the en- facturing and facilitate the export of clean f energy technology products and services. ergy policy of the United States, and Such strategy shall include— ORDERS FOR TUESDAY, for other purposes; which was ordered (1) developing critical analysis of policies FEBRUARY 2, 2016 to lie on the table; as follows: to reduce production costs and promote in- Ms. MURKOWSKI. Mr. President, I At the end of title V, add the following: novation, investment, and productivity in ask unanimous consent that when the SEC. 50ll. CONSERVATION INCENTIVES LAND- the clean energy technology sector; (2) helping educate companies about how Senate completes its business today, it OWNER EDUCATION PROGRAM. adjourn until 10 a.m., Tuesday, Feb- (a) IN GENERAL.—Not later than 1 year to tailor their activities to specific markets after the date of enactment of this Act, the with respect to their product slate, financ- ruary 2; that following the prayer and Secretary of the Interior and the Secretary ing, marketing, assembly, and logistics; pledge, the morning hour be deemed of Agriculture shall establish a conservation (3) helping United States companies learn expired, the Journal of proceedings be incentives landowner education program (re- about the export process and export opportu- approved to date, and the time for the ferred to in this section as the ‘‘program’’). nities in foreign markets; two leaders be reserved for their use (b) PURPOSE OF PROGRAM.—The program (4) helping United States companies to later in the day; that following leader shall provide information on Federal con- navigate foreign markets; and (5) helping United States companies pro- remarks, the Senate be in a period of servation programs available to landowners morning business until 11 a.m., with interested in undertaking conservation ac- vide input regarding clean energy tech- tions on the land of the landowners, includ- nology manufacturing and trade policy de- Senators permitted to speak therein ing options under each conservation program velopments and trade promotion. for up to 10 minutes each; further, that available to achieve the conservation goals (c) REPORT TO CONGRESS.—Not later than following morning business, the Senate of the program, such as— 180 days after the date of the enactment of resume consideration of S. 2012; finally, (1) fee title land acquisition; this Act, the Secretary shall submit to Con- that the Senate recess from 12:30 p.m. (2) donation; and gress a report on the strategy required by until 2:15 p.m. to allow for the weekly (3) perpetual and term conservation ease- subsection (b) that— (1) describes how the strategy will— conference meetings. ments or agreements. The PRESIDING OFFICER. Is there (c) AVAILABILITY.—The Secretary of the In- (A) focus on small- and medium-sized terior and the Secretary of Agriculture shall United States businesses; objection? ensure that the information provided under (B) encourage the creation and mainte- Without objection, it is so ordered. the program is made available to— nance of the greatest number of clean energy f (1) interested landowners; and technology jobs in the United States; and (2) the public. (C) encourage the domestic production of ADJOURNMENT UNTIL 10 A.M. (d) NOTIFICATION.—In any case in which the clean energy technology products and serv- TOMORROW Secretary of the Interior or the Secretary of ices, including materials, components, equip- Ms. MURKOWSKI. Mr. President, if Agriculture contacts a landowner directly ment, parts, and supplies related in any way there is no further business to come be- to the product or service; and about participation in a Federal conserva- fore the Senate, I ask unanimous con- tion program, that Secretary shall, in writ- (2) may include recommendations for such ing— legislative action as would facilitate car- sent that it stand adjourned under the (1) notify the landowner of the program; rying out the strategy. previous order. There being no objection, the Senate, and f (2) make available information on the con- at 6:41 p.m., adjourned until Tuesday, servation program options that may be PRIVILEGES OF THE FLOOR February 2, 2016, at 10 a.m. available to the landowner. Mr. UDALL. Mr. President, I ask f unanimous consent that Jack Gardner, Ms. HIRONO submitted an SA 3183. a member of my staff, be granted floor NOMINATIONS amendment intended to be proposed to privileges for the remainder of the Executive nominations received by amendment SA 2953 proposed by Ms. 114th Congress. the Senate: MURKOWSKI to the bill S. 2012, to pro- The PRESIDING OFFICER. Without vide for the modernization of the en- UNITED STATES AGENCY FOR INTERNATIONAL objection, it is so ordered. DEVELOPMENT ergy policy of the United States, and f R. DAVID HARDEN, OF MARYLAND, TO BE AN ASSIST- for other purposes; which was ordered ANT ADMINISTRATOR OF THE UNITED STATES AGENCY to lie on the table; as follows: HONORING THE MEMORY AND FOR INTERNATIONAL DEVELOPMENT, VICE NANCY E. LINDBORG. At the end of subtitle C of title II, add the LEGACY OF ANITA ASHOK DATAR IN THE ARMY following: Ms. MURKOWSKI. Mr. President, I SEC. 2204. CLEAN ENERGY TECHNOLOGY MANU- THE FOLLOWING OFFICER FOR APPOINTMENT TO THE ask unanimous consent that the Sen- GRADE INDICATED IN THE UNITED STATES ARMY AS A FACTURING AND EXPORT ASSIST- CHAPLAIN UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: ANCE. ate proceed to the immediate consider- To be major (a) DEFINITIONS.—In this section: ation of Calendar No. 354, S. Res. 347. (1) CLEAN ENERGY TECHNOLOGY.—The term The PRESIDING OFFICER. The D012199 ‘‘clean energy technology’’ means a tech- clerk will report the resolution by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY nology related to the production, use, trans- title. UNDER TITLE 10, U.S.C., SECTION 624: mission, storage, control, or conservation of The legislative clerk read as follows: To be colonel energy that will contribute to a stabilization of atmospheric greenhouse gas concentra- A resolution (S. Res. 347) honoring the JASON B. BLEVINS tions through reduction, avoidance, or se- memory and legacy of Anita Ashok Datar THE FOLLOWING NAMED OFFICER FOR APPOINTMENT and condemning the terrorist attack in TO THE GRADE INDICATED IN THE UNITED STATES ARMY questration of energy-related emissions UNDER TITLE 10, U.S.C., SECTION 624: and— Bamako, Mali, on November 20, 2015. To be lieutenant colonel (A) reduce the need for additional energy There being no objection, the Senate supplies by using existing energy supplies proceeded to consider the resolution. JAMES C. SULLIVAN with greater efficiency or by transmitting, Ms. MURKOWSKI. Mr. President, I THE FOLLOWING NAMED OFFICER FOR APPOINTMENT distributing, or transporting energy with TO THE GRADE INDICATED IN THE UNITED STATES ARMY ask unanimous consent that the reso- UNDER TITLE 10, U.S.C., SECTION 624: greater effectiveness; or lution be agreed to, the preamble be To be colonel (B) diversify the sources of energy supply of the United States to strengthen energy se- agreed to, and the motions to recon- MARK R. BIEHL curity and to increase supplies with a favor- sider be considered made and laid upon THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- the table with no intervening action POINTMENT TO THE GRADE INDICATED IN THE UNITED able balance of environmental effects if the STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., entire technology system is considered. and debate. SECTIONS 531 AND 3064:

VerDate Sep 11 2014 03:25 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 9801 E:\CR\FM\A01FE6.031 S01FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 1, 2016 CONGRESSIONAL RECORD — SENATE S451 To be major BENJAMIN M. DAVENPORT CHRISTOPHER P. MCGUIRE BENJAMIN J. DEBARDELEBEN MICHAEL W. MCKENNEY RYAN P. BRENNAN LISA A. DEITLE MATTHEW J. MCKINNEY DANIEL C. HART JOEL A. DELUCA ROBERT M. MCLELLAN TIMOTHY A. HUNTER DANA S. DEMER CHARLES C. MCLEOD, JR. TODD L. LOONEY JAMES C. DERRICK JASON MCMANIGLE PAUL E. PATTERSON DARYL L. DESIMONE BOYD R. MCMURTREY STEVEN R. DESROSIERS ERIC A. MEADOR THE FOLLOWING NAMED ARMY NATIONAL GUARD OF JOHN M. DIAZ RICARDO A. MEDAL THE UNITED STATES OFFICERS FOR APPOINTMENT TO JOSUE M. DIAZ MARCOS A. MELENDEZ III THE GRADE INDICATED IN THE RESERVE OF THE ARMY JOHN Q. DINH TAUNJA M. MENKE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: WILLIAM P. DOBBINS III SEAN M. MERLIN To be colonel CHAD A. DODD RONNIE D. MICHAEL THOMAS F. DONO DANIEL W. MICKLIS SCOTT F. BARTLETT JAMES J. DUNPHY ANDREW H. MILLS ROBERT G. CARRUTHERS STEVEN J. EASTIN TIMOTHY W. MIX CHARLES J. CARTER PETER B. ELTRINGHAM ERIC D. MONTALVO BRYAN J. COLEMAN MATTHEW S. EMBORSKY VINCENT M. MONTGOMERY WILLIAM F. CROCKER BRYAN A. EOVITO TYLER J. MOORE NICK DUCICH MICHAEL R. ERICKSON SERGE P. MOROSOFF BRIAN W. ELLIS JEAN P. EXANTUS JOSEPH E. MOYE RODNEY T. FREEMAN RALPH L. FEATHERSTONE HOWARD MUI KEVIN W. GALLAGHER FOSTER C. FERGUSON MATTHEW K. MULVEY SEAN E. GAVAN ANTHONY J. FIACCO MANUEL F. MUNOZ WALTER B. GIBSON JASON A. FILOS DANIEL M. MURPHY ERIK T. GORDON CLAY T. FIMIANI MARK E. MURPHY SCOTT M. HOVIS DAVID M. FITZSIMMONS ROBERT N. MYERS, JR. AARON C. JORDAN KATE E. FLEEGER EUGENE F. NAGY JOHN A. LEBLANC JAMES F. FOLEY JOHN M. NASH VII JAMES E. MCFETRIDGE JAMES C. FORD III DOMINIQUE B. NEAL SESTHERS L. MELENDEZ STEVEN M. FORD CHRIS J. NELSON JULIE M. MINDE MARK C. FOWLER JOSHUA H. NELSON FREDERICK A. NETTLES NICHOLAS L. GANNON MATTHEW S. NICHOLS RICHARD F. OBERMAN JOSEPH M. GARAUX ROY J. NICKA TIMOTHY O. PETTIT BRANDON J. GAUDREN JOHN P. NORMAN JOHNNY C. RAMSEY, JR. KENNETH C. GAWRONSKI KENNETH J. OCONNOR, JR. ALEXANDER C. STEWART II MICHAEL G. GEHRKI DENNIS ODONNELL MATTHEW D. STUBBS MARK P. GEORGE JEREMY P. OSBORNE BLAIR E. TINKHAM MISCA T. GETER WILLIAM V. OSBORNE III KENNETH G. VERBONCOEUR STUART W. GLENN NEIL E. OSWALD JOSE A. GONZALEZ II TEGAN K. OWEN IN THE MARINE CORPS KEVIN J. GOODWIN KATHRYN H. PAIK GEOFFREY Z. GOSIK JENNIFER S. PARKER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID J. GRABOW JOSEPH G. PARKER TO THE GRADE INDICATED IN THE UNITED STATES MA- THOMAS J. GRACE KRISTOPHER L. PARKER RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: BRIAN R. GRANT KATRINA D. PATILLO To be lieutenant colonel BENJAMIN J. GRASS SEAN B. PATTON DAVID J. GUSTAFSON JAMES C. PAXTON III VICTOR M. ABELSON KWABENA K. GYIMAH ANDREW T. PAYNTER BENJAMIN T. ACKISON MATTHEW E. HALL STEPHEN T. PEARSON OSCAR ALANIS, JR. MICHAEL L. HALLIGAN II JEFFREY S. PELT RYAN P. ALLEN JAISUN L. HANSON AMOS J. PERKINS III RICHARD ALVAREZ BYRON R. HARDER MATTHEW R. PETER CLAIRE M. AMDAHL MATTHEW C. HAWKINS ERIK A. PETERSON EDWARD P. AMDAHL MICHAEL G. HAYS ATIIM O. PHILLIPS MARK R. AMSPACHER BRENDAN J. HEATHERMAN MATTHEW E. POOLE RICHARD A. ANDERSON WILLIAM G. HEIKEN RYAN C. POPE ALEXANDER C. ARCINAS MATHEW E. HEIL MISTY J. POSEY DAVID A. ARENAS BRIAN J. HESLIN HENRY R. PROKOP DARRYL G. AYERS MICHAEL K. HICKS JACOB L. PURDON TASE E. BAILEY AARON R. HINMAN JASON P. QUINTER MATTHEW D. BAIN CEDAR L. HINTON ALEX J. RAMTHUN JONATHAN T. BAKER WILLIAM D. HOOD JOSHUA J. RANDALL BRIAN W. BANN FORREST W. HOOVER III GLEN J. REUKEMA ADAM N. BARBORKA SAMUEL E. HOWIE JARET R. RHINEHART SEAN W. BARNES CHAD M. HUBBARD JASON D. ROACH ROBERT M. BARNHART, JR. KEVIN G. HUNTER JACOB Q. ROBINSON CARRIE C. BATSON MICHAEL R. HYDE DARREN M. ROCK JAMES F. BEAL DAVID H. ICKLES EDNA RODRIGUEZ MARC D. BEAUDREAU AUGUST R. IMMEL MARCUS V. ROSSI DALE R. BEHM FRED J. INGO III PETER M. RUMMLER RUSSELL A. BELT II DENNIS J. IVAN ANDREW A. RUNDLE RICARDO BENAVIDES RYAN A. JACOBS MICHAEL J. SADDLER CHRISTOPHER S. BENFIELD MATTHEW T. JAMES MARK F. SCHAEFER JONATHAN E. BIDSTRUP DAVID A. JANSEN RICHARD R. SCHELLHAAS CHAD T. BIGNELL STEVEN C. JOHNSON RYAN A. SCHILLER JAMES W. BIRCHFIELD III ANTHONY C. JOHNSTON STEVEN M. SCHREIBER EDWARD J. BLACKSHAW KENNETH M. JONES JAMES P. SCONFIETTI III CINDIEMARI BLAIR MICHAEL J. KANSTEINER JON C. SEE HORACE J. BLY JASON P. KAUFMANN MARCO D. SERNA JAMES R. BOOTH MICHAEL S. KEANE JASON A. SHARP STEVEN B. BOWDEN ERIC J. KEITH DALLAS E. SHAW, JR. KURT A. BOYD JOHN J. KENNELEY KEVIN A. SHEA JERAMY W. BRADY JONATHAN Q. KENNEY GARY A. SHILL JOHN N. BROGDON ADAM K. KESSEL JASON R. SHOCKEY WARREN J. BRUCE KYLE R. KILIAN KYLE B. SHOOP GARTH W. BURNETT CHRISTOPHER N. KINSEY WILLIAM G. SLACK BRADLEY J. BUTLER TARA J. KIPFER DEVIN A. SMILEY WILLIAM G. BUTTERS JOHN G. KOLB MARK A. SMITH NATHAN B. CAHOON KORVIN S. KRAICS WILLIAM R. SMITH TROY D. CALLAHAN JOHN D. KRYSA GREGORY STARACE BETH S. CANEPA JASON M. KUT GIUSEPPE A. STAVALE CHRISTOPHER J. CANNON JAY A. LAPPE RICHARD R. STEELE MICHAEL G. CARLE BRIAN T. LAURENCE DAWN M. STEINBERG CHRIS E. CHARLES DAVID F. LAWRENCE SCOTT E. STEPHAN RYAN A. CHERRY WYLAND F. LEADBETTER III JOHN J. STEPHENS JOHN M. CISCO STEPHEN J. LEBO LATRESA A. STEWARD CHRISTOPHER L. CLAFLIN CEDRIC N. LEE BRENT W. STRICKER MARSHALEE E. CLARKE JAMES R. LENARD JAMES I. STRICKLER EDMUND G. CLAYTON ARIC C. LIBERMAN MARK W. STROM BRIAN N. CLIFTON ROBERT E. LINGLER JUAN P. SVENNINGSEN GARY L. COBB AARON C. LLOYD GREGORY T. SWARTHOUT JENNY A. COLEGATE JOHN E. LOGAN III JEFFREY M. SYKES PATRICK B. COLLINS WILLIAM L. LOMBARDO SPENCER A. SZEWCZYK JAMES R. COMPTON LAWRENCE M. LOWMAN II PHILIP J. TADENA JON P. CONNOLLY CLIFFORD S. MAGEE CASEY L. TAYLOR PAUL J. CORCORAN MATTHEW A. MARKHAM BRANDON K. THOMAS WILLIAM C. COX GRIFFITH M. MARSHALL DANIEL J. THOMAS SETH J. CRAWFORD PAULA D. MARSHALL GRAHAM E. THOMAS KEVIN A. CRESPO WILLIAM J. MATORY SEA S. THOMAS MICHAEL A. CRIVELLO MITCHELL T. MAURY DAVID F. TOLAR MATTHEW R. CROUCH CHRISTOPHER B. MCARTHUR DAMON M. TORRES ROMEO P. CUBAS ROBERT G. MCCARTHY III ANDREW M. TURNER DOUGLAS R. CULLINS KELLY A. MCCONNELL PHILIP A. TWEED THOMAS J. CUNNINGHAM III MATTHEW F. MCDONALD RODOLFO S. URIOSTEGUI DENNIS B. DALTON IAN K. MCDUFFIE DILLON D. VADEN MATTHEW C. DANNER MICHAEL P. MCFERRON BRADLEY J. VANSLYKE

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RECOGNIZING THE 50TH ANNIVER- HONORING JEROME BLUM AND School. In November 2010, he was assigned SARY OF THE KENTUCKY CIVIL THE JEWISH WAR VETERANS OF to 1st Special Forces Group, at Joint Base RIGHTS ACT OF 1966 AND COM- THE USA Lewis-McChord, Washington and deployed to MENDING THE KENTUCKY COM- Afghanistan from August 2012 to May 2013. MISSION ON HUMAN RIGHTS HON. THEODORE E. DEUTCH Following his second tour, Matthew left ac- OF FLORIDA tive duty and joined the Washington Army Na- tional Guard in December 2014 where he IN THE HOUSE OF REPRESENTATIVES HON. JOHN A. YARMUTH served as a Special Forces engineer sergeant. Monday, February 1, 2016 This past July, Matthew deployed to Afghani- OF KENTUCKY Mr. DEUTCH. Mr. Speaker, I rise today in stan as a member of the Washington Army IN THE HOUSE OF REPRESENTATIVES honor of the Jewish War Veterans of the USA National Guard’s Alpha Company, 1st Bat- and their National Commander, Jerome talion, 19th Group. Despite having already Monday, February 1, 2016 ‘‘Jerry’’ Blum. Mr. Blum paid his official visit to served his country twice overseas, Matthew was eager to put on his uniform again and Mr. YARMUTH. Mr. Speaker, I rise today to the JWV Florida Department on Sunday, Jan- uary 24th in Deerfield Beach. serve a third tour. recognize the 50th anniversary of the Ken- For 85 years, the Jewish War Veterans has On January 5, 2016, Matthew was killed tucky Civil Rights Act of 1966, signed into law ensured that the rich history of Jewish Ameri- during an hours-long battle near the city of by Kentucky Governor Edward T. Breathitt on cans’ service in our Armed Forces is not over- Marjah, in the southern Helmand province. January 27, 1966. This pioneering legislation looked. In fact, over half a million Jewish Matthew and his fellow Green Berets were on prohibited discrimination in employment and Americans have served in major conflicts a mission advising their Afghan counterparts public accommodations based on race, color, since World War II. This organization is unique during the battle, where two of Matthew’s national origin or religion, and I commend the in its efforts to combat bigotry and anti-Semi- comrades were also injured. In total, since Kentucky Commission on Human Rights for its tism while remaining inclusive of all veterans, joining the Army, Matthew has been awarded steadfast work in enforcing it. regardless of race, religion, or ethnicity. four Army commendation medals, the Combat Jerry Blum’s tenure as National Commander Infantryman Badge, and now the Purple Heart. Prior to passage of this measure, discrimi- follows his honorable military service and long- In addition to his bravery on the field of bat- nation and segregation in employment and standing involvement with the Jewish War Vet- tle, Matthew was also a loving, devoted and public accommodations was not only accepted erans. His past positions with the organization adoring husband and father. Matthew and his as the norm in Kentucky, it was often required include Post Commander, Department Com- wife Alexandra married on Christmas Eve by state law. Countless Kentucky citizens from mander, and Department Quartermaster. He 2012 and this past October, Matthew returned all walks of life bravely fought and patiently also publishes the Department of Connecti- home to Tacoma, Washington in time for the worked to achieve passage of the law, over- cut’s newsletter, The Shout Out. He is a mem- birth of his first child, a beautiful boy named coming seemingly insurmountable obstacles ber of many other veteran service organiza- DecIan. After only a few weeks home, Mat- and countless setbacks. tions and has served as President of his syna- thew returned to his unit in Afghanistan. gogue. Outside the JWV, he and his wife are Following Matthew’s death, Major General Through their hard work, Kentucky became involved with Relay for Life and its efforts to Bret Daugherty, commander of the Wash- the first state south of the Mason-Dixon Line raise funds for the American Cancer Society. ington Guard, said, ‘‘Staff Sergeant McClintock to enact civil rights legislation that not only I am proud to honor Jerry Blum, the Jewish was one of the best of the best. He was a prohibited discrimination in employment and War Veterans of America, and all the men and Green Beret who sacrificed time away from public accommodations, but also included ad- women who have defended our Nation his loved ones to train for and carry out these ministrative and judicial enforcement powers. through service in our armed forces. The debt dangerous missions. This is a tough loss for At the time of its passage, Dr. Martin Luther we owe our veterans and those who selflessly our organization.’’ Matthew’s wife Alexandra King, Jr. proclaimed the Kentucky Civil Rights serve them is immeasurable, and we must al- added, ‘‘Matthew’s greatest wish was to be a Act of 1966 to be ‘‘. . . the strongest and ways strive to be a nation worthy of their he- father, a husband and a Green Beret. He got to do all of those things in his too short life. most comprehensive civil rights bill passed by roic sacrifice. f Declan will grow up knowing his father was a southern state,’’ and it rightly became a the greatest man I’ve ever dreamed to know model for other states to enact legislation of HONORING MATTHEW MCCLINTOCK and a hero.’’ their own. Matthew sacrificed his life overseas to pre- Since then, the Commission successfully HON. MICHELLE LUJAN GRISHAM serve the freedom and liberty of millions of expanded the law to prohibit discrimination in OF NEW MEXICO Americans. He fought to create a richer and employment, public accommodations, housing, IN THE HOUSE OF REPRESENTATIVES safer life for his wife, his son and his fellow Americans. Matthew represents the very best and credit transactions based on race, color, Monday, February 1, 2016 of our country and his enduring legacy of serv- national origin, religion, age, sex, familial sta- Ms. MICHELLE LUJAN GRISHAM of New ice and sacrifice will remain a lasting inspira- tus, disability and smoking status. And in the Mexico. Mr. Speaker, I rise today to honor tion for future generations. 50 years since the passage of the Kentucky Sergeant First Class Matthew McClintock—a f Civil Rights Act, the Kentucky Commission on dedicated husband, father, soldier, patriot and Human Rights has filed, investigated, and ad- hero—who was killed last month while serving RECOGNIZING THE EXTRAOR- judicated more than eleven thousand com- his country in Afghanistan. DINARY LIFE OF JUDGE GEORGE plaints on discrimination on behalf of the citi- Matthew was born and raised in Albu- CARROLL zens of Kentucky. querque, New Mexico. He graduated from El- dorado High School in 2004 and spent two Today, I want to commend the Kentucky HON. MARK DeSAULNIER years at the University of New Mexico before Commission on Human Rights for their dedi- OF CALIFORNIA joining the Army in 2006. After completing his IN THE HOUSE OF REPRESENTATIVES cation to upholding this landmark legislation training, he was assigned to the 1st Cavalry for the last 50 years, and thank them for their Division and deployed to Iraq in 2007. Mat- Monday, February 1, 2016 tireless efforts to defeat discrimination thew demonstrated that he was an exceptional Mr. DESAULNIER. Mr. Speaker, I rise to throughout the Commonwealth. soldier, and in May, 2009 he was selected for recognize the extraordinary life of Judge training in the U.S. Army Special Forces George Carroll, a prominent civic leader in

∑ 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 04:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K01FE8.001 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E72 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2016 California’s 11th Congressional District and Jeff served as Associate Director of the in Warren, Ohio. The son of Richard and Anna Richmond’s first African American lawyer, city Legal Aid Society from 2000–2005 and as Krysko McGrath, Sr., Richard was employed councilmember and mayor. Judge Carroll died Project Director of the organization’s HIV/AIDS with the Trumbull County Sheriff’s Office for January 14, 2016 at age 94. Legal Project from 1992–2000. Prior to his 25 years, where he was a Deputy Sheriff. He Mr. Carroll was born into humble beginnings work at Legal Aid in Louisville, Jeff served as was also a School Resource Officer at Trum- in Brooklyn, New York. His mother died when a prosecutor, judicial law clerk, staff attorney bull Career and Technical Center. Always he was five, and he was raised by his sister for the U.S. Court of Appeals, Seventh Circuit, proud to serve his community Richard was Ruth who encouraged him to pursue a higher and on the faculty at the Indiana School of serving as the President of the Trumbull education. After serving in the Army, he suc- Law. Jeff also founded the HIV/AIDS Legal County Deputies Fraternal Order of Police cessfully graduated from college and earned Project of Indiana, one of the first programs in Lodge #137, a member of the Crime Clinic of his degree in New York on the G.I. Bill. After the nation to provide free legal services to Greater Youngstown and a former member of his graduation, he worked at the District Attor- people living with HIV disease. the Youngstown Model Railroad Association. ney’s Office in Kings County, New York, for He is also the recipient of several awards His passions included woodworking and play- five years before moving to private practice. In for his professional service, including the Uni- ing music on the keyboard. He loved his fam- 1952 he moved to the San Francisco Bay versity of Louisville Brandeis School of Law ily, and all of his pets. Area, finally settling in Richmond in 1954, Dean’s Service Award, the Louisville Bar As- Richard will be deeply missed by his family, where he opened his private practice and be- sociation’s Justice Martin E. Johnstone Spe- friends, and community. He leaves behind his came an active community member. cial Recognition Award, and the Kentucky Bar parents, of Warren; his wife, Leslie Faustino- Mr. Carroll is widely acknowledged as the Association’s Donated Legal Service Award. McGrath of Liberty; his children, Ryan (Chris) first African American lawyer in Richmond, On behalf of the people of Kentucky’s Third McGrath, Amy (Dave) McGrath, Megan (Tori) California and was the first African American Congressional District and the City of Louis- McGrath, all of Warren; Jaryd Faustino of Gi- elected to its city council in 1961. In 1964, Mr. ville, I extend my best wishes to Jeff as he be- rard and Casey Faustino-Carpenter, (Zac), of Carroll made history as the first African Amer- gins a much deserved retirement. Norfolk, VA; his granddaughter Avalenna ican elected Mayor of Richmond, and is f Faustino and his sister Pat (Dave) Batzdorf, of thought to be the first African American mayor Candia, NH, as well as numerous family and IN HONOR OF NATIONAL SCHOOL of any large American city since Reconstruc- friends. CHOICE WEEK tion. He fought against discrimination and Losses like this are never easy, but we can broke down barriers for African Americans to take solace in the fact that Richard left behind go to law school and to practice law in the HON. ROD BLUM a legacy of love and community service that Bay Area. George Carroll became the first OF IOWA we can hope to carry on. Our community is in- black judge in Contra Costa when he was ap- IN THE HOUSE OF REPRESENTATIVES debted to his years of selfless service. pointed to the Bay Municipal Court by Gov- Monday, February 1, 2016 ernor Pat Brown in 1965. He served as a f judge in West County until his retirement from Mr. BLUM. Mr. Speaker, I rise today in rec- the bench in 1982. During his service, Judge ognition of National School Choice Week, CELEBRATING B.I. MOODY’S 90TH Carroll declined a promotion to the Superior celebrating choice in education across all fifty BIRTHDAY Court in order to continue to work in Rich- states. mond. He was admired in the community as a Every January, National School Choice leader, role model, and mentor to many. The Week shines a positive light on effective, per- HON. CHARLES W. BOUSTANY, JR. Richmond Courthouse and a park in the Point sonal education options for every child and OF LOUISIANA consists of 157 scheduled events occurring in Richmond District are fitting tributes to Judge IN THE HOUSE OF REPRESENTATIVES Carroll. We are grateful for his myriad accom- communities across Iowa. National School plishments and for the countless contributions Choice Week celebrates the different K–12 Monday, February 1, 2016 options and learning styles available to par- he made to our local community. Mr. BOUSTANY. Mr. Speaker, I rise today ents and students, and the importance to find I send my deepest condolences to his fam- to celebrate the 90th birthday of Braxton the right individual fit for each child. Every stu- ily, friends, and loved ones. Judge Carroll Isham Moody, or B.I. as we call him in Cajun dent’s needs are unique—and a one-size-fits made an indelible impression on all of us. He Country. B.I. was born in the small town of all education model is not beneficial to our will be missed. Eunice in Southwest Louisiana on February 4, children. f 1926. He graduated from Rayne High School A quality education is imperative for the suc- in 1942 and enlisted in the United States HONORING JEFFREY A. BEEN OF cess of future generations and our country, Navy, where he served aboard the USS Ran- THE LEGAL AID SOCIETY ON HIS and National School Choice Week highlights dolph in the Pacific theater. After the war, B.I. RETIREMENT the multitude of options available today: char- graduated from Southwestern Louisiana Insti- ter, magnet, public, and private schools, as tute, now the University of Louisiana at Lafay- well as homeschooling. I commend the charter HON. JOHN A. YARMUTH ette, in 1949. OF KENTUCKY and private schools operating in the First Dis- B.I.’s keen business sense led him on many IN THE HOUSE OF REPRESENTATIVES trict and I believe school choice is an impor- tant policy which can lead to better student successful ventures, founding the public ac- Monday, February 1, 2016 outcomes. counting firm Moody, Broussard, Poche, and Mr. YARMUTH. Mr. Speaker, I rise today to Today’s students cannot become tomor- Guidry in Crowley, and serving as President recognize the career of Louisville resident Jef- row’s leaders without a vibrant education. I will and CEO of national restaurant group Chart frey A. Been as he retires after 24 years of continue to advocate for the best options for House Inc., and as Chairman of the Board of service at the Legal Aid Society in Louisville, parents, students, teachers, and administra- First National Bank of Lafayette. Today, the Kentucky. tors to ensure the success of our children. University of Lafayette has named the College of Business Administration in B.I.’s honor Named Executive Director at the Legal Aid f Society in 2005, Jeff’s legacy at the helm of thanks to his business success and his heart this important organization includes leading HONORING THE LIFE OF RICHARD for the future of South Louisiana. the fight to maintain funding for legal services J. ‘‘STRETCH’’ McGRATH, JR. I know B.I. as a pillar of our community, for the poor during the Great Recession, build- someone who worked hard to build successful ing relationships with community partners to HON. TIM RYAN businesses but never forgot where he came ensure that our city’s most disadvantaged OF OHIO from. B.I. has always been generous with his neighbors have access to the courts and other IN THE HOUSE OF REPRESENTATIVES time and resources to help others succeed, supportive services, and expanding program- and to help build a better state of Louisiana. ming for homeowners, domestic violence vic- Monday, February 1, 2016 As B.I. celebrates 90 years, I ask the House tims, and veterans. In his time at the organiza- Mr. RYAN of Ohio. Mr. Speaker, I rise today of Representatives to join me in recognizing tion, he also created innovative technology to honor the life of Richard J. McGrath, Jr., him for his many contributions to our country tools to help facilitate greater access to our who passed away on Saturday January 23, and wishing him many years of health and justice system for all. 2016. Richard was born September 26, 1958, happiness to come.

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IN THE HOUSE OF REPRESENTATIVES As Americans, it is important that we honor Under his steadfast leadership, the residents Monday, February 1, 2016 and celebrate our nation’s greatest advocates of the Berrydale community slept soundly, for freedom and equal rights for all. During this knowing that they are under the watchful eye Mr. CONAWAY. Mr. Speaker, I rise today to month and always, we pay tribute to the he- of the Berrydale Volunteer Fire Department. honor the 100th anniversary of the National roes of American history as we recall the tre- Through his service, Chief Cagle became a Association of State Departments of Agri- mendous sacrifice and the immense struggle staple in Northwest Florida. Those who knew culture (NASDA). NASDA is a non-profit, non- of those who fought, and continue to fight, for him best can truly attest to his selflessness partisan organization which represents the equality, and the remarkable impact their con- and compassion. He will be remembered for commissioners, secretaries, and directors of tributions have had in shaping our great na- devotion to the Berrydale community and fire agriculture from all fifty states and four U.S. tion. department, which was rivaled only by his love territories. The State departments of agri- From generation to generation, from those for his family. culture have served not only the farmers and who have experienced or witnessed events On behalf of the United States Congress, I ranchers of America, but also American con- that have led to change to the young children am honored to recognize the life of Chief sumers for a significant portion of our nation’s who listen to stories of their grandparents or Jimmy Cagle. My wife Vicki and I extend our history. NASDA is a highly effective association the lessons taught in school, locations, much heartfelt prayers and deepest condolences to which serves to grow and enhance agriculture like the names of those who have toiled in his wife of 25 years, Debbie; daughter, Conda by forging partnerships and creating con- hopes of a better society, are forever and her husband, Randy Sasser; son, Jim; sensus to achieve sound policy outcomes be- engrained in the hearts and minds of the grandchildren, Kassie and her husband, Matt tween state departments of agriculture, the American people. From the birthplaces of our DiMase, Lt. Josh Sasser and his wife, Katie, federal government, and stakeholders. These greatest African American leaders to stops Chelsea and her husband, Staff Sgt. Cody partnerships are apparent in the halls of al- along the Underground Railroad, from sites of Belcher, and Kaitlyn, Brianna, and Cody Pugh; most every office building in the District of Co- tragic events that brought about change to the great-grandchildren: Reece, Kolby, Kennedy, lumbia. I rely on the hard-working men and churches that have inspired hope among com- Landon, Mattingly, and Macelynn; and the en- women in the Texas Department of Agriculture munities for generations, each is a reminder of tire Cagle and fire department families. to provide me with perspectives on how fed- the past and the progress we have made, f eral policy is impacting boots on the ground while recognizing there is much more work to HONORING MR. RONALD V. agriculture. I’m sure my colleagues rely on be done. their state department of agriculture in similar As a lifelong resident of Northwest Indiana, DELLUMS ways. born and raised in Gary, Indiana, I had the op- NASDA is an active partner with the United portunity to witness a truly historic moment. In HON. BARBARA LEE States Department of Agriculture through a November 1967, residents of Gary went to the OF CALIFORNIA longstanding cooperative agreement to employ polls and elected Richard Gordon Hatcher, a IN THE HOUSE OF REPRESENTATIVES a nationwide network of enumerators in sup- civil rights leader who spoke alongside Dr. Monday, February 1, 2016 port of the mission of the National Agricultural Martin Luther King, Jr., mayor of the city. His Statistics Service (NASS). The data collected election, along with the election of Carl Burton Ms. LEE. Mr. Speaker, I rise today to honor through this partnership informs a broad spec- Stokes of Cleveland, Ohio, marked the first Mr. Ronald V. Dellums on the occasion of his trum of legislative and regulatory initiatives, in- time in our nation’s history that American cities 80th birthday. Mr. Dellums has had an incred- cluding farm programs under the jurisdiction of with more than 100,000 residents would be ible career in public service, advocating for the Committee on Agriculture which I have the led by African American mayors. In January change and reform in many areas of govern- honor to chair. 1968, Mayor Hatcher was sworn into office, a ment affairs. NASDA and its members likewise play a position in which he proudly served for the A proud Oakland native. Ron attended both critical role informing Congress and the execu- next twenty years. McClymonds and Oakland Technical High tive branch regarding the operation of federal Mr. Speaker, I ask that you and my distin- School, and went on to graduate from San and state programs covering everything from guished colleagues join me in celebrating Francisco State University after serving for two animal and plant health, food safety and mar- Black History Month and honoring those who years in the United States Marine Corps. He keting, nutrition, and literally hundreds of other persevered in the name of equality and social later obtained his Masters of Social Work from consumer services. justice. As we reflect on the many historic the University of California, Berkeley. NASDA exists to amplify the unique voice of sites throughout America that have played Mr. Dellums began his career as a psy- all state departments of agriculture. NASDA such a critical role in changing our nation’s chiatric social worker and political activist for members are able to amplify their national landscape, let us never forget the struggle of the African-American community. In 1967, he voice by achieving consensus on otherwise our predecessors while continuing the pursuit was elected to the Berkeley City Council, contentious issues such as threatened and en- of the betterment of society for all. where he provided three years of extraor- dangered species, agriculture labor, and water dinary service. In 1970, he was elected to f quality. serve the 9th Congressional District of Cali- Mr. Speaker, I join the members and stake- HONORING THE LIFE AND DEDI- fornia in the United States House of Rep- holders of NASDA in celebrating their 100th CATED SERVICE OF NORTHWEST resentatives. During his 27-year tenure in year of advocating for American agriculture. I FLORIDA’S BELOVED CHIEF Congress, Mr. Dellums fought strongly for wish NASDA many more years of public serv- JIMMY CAGLE OF BERRYDALE peace, justice and equality. As a freshman ice to American agriculture at the critical member, he adamantly spoke in opposition to nexus of state and federal policy. HON. JEFF MILLER the Vietnam War, going as far as setting up f OF FLORIDA an exhibit of war crimes next to his office. RECOGNIZING BLACK HISTORY IN THE HOUSE OF REPRESENTATIVES For fourteen years, he campaigned to end MONTH the apartheid policies in South Africa. In 1986, Monday, February 1, 2016 the U.S. House of Representatives passed his Mr. MILLER of Florida. Mr. Speaker, I rise sponsored legislation, the Comprehensive HON. PETER J. VISCLOSKY to honor the life and dedicated service of Anti-Apartheid Act, which placed trade restric- OF INDIANA Chief Jimmy Cagle of Berrydale, Florida who tions against South Africa and led to imme- IN THE HOUSE OF REPRESENTATIVES died on January 24, 2016. Chief Cagle was a diate withdrawal by American firms. Although Monday, February 1, 2016 patriot, committed community leader, and de- the bill had broad bipartisan support, it was Mr. VISCLOSKY. Mr. Speaker, it is with voted family man, and Northwest Florida vetoed by President Ronald Reagan. How- great respect and admiration that I rise in mourns his passing. ever, the Senate and the House overrode

VerDate Sep 11 2014 04:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K01FE8.006 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E74 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2016 Reagan’s veto, making it the first ever override Children’s Center, which provides high-quality HONORING THE NATIONAL CARES of a presidential foreign policy veto. Mr. Del- care and education to local children. MENTORING MOVEMENT lums served as Chairman of the House Com- I ask my colleagues to join me in congratu- mittee on Armed Services where he advo- lating Jim Flaws on a remarkable 42-year ca- HON. BARBARA LEE cated for the inclusion of gays and lesbians in reer with Corning Inc., and wishing him all the OF CALIFORNIA the military. Furthermore, Ron co-founded the best in his retirement. IN THE HOUSE OF REPRESENTATIVES Congressional Black Caucus in 1971, an orga- Monday, February 1, 2016 nization representing African-American mem- f Ms. LEE. Mr. Speaker, I rise today to pay bers of the United States Congress. RECOGNIZING THE LIFE AND LEG- tribute to the National CARES Mentoring Mr. Dellums retired from Congress in 1998 ACY OF THE LEGENDARY LU- but continued his public service as a legisla- Movement on the occasion of its 10th Anniver- THER R. ‘‘LUKE MCCOY’’ EASON tive lobbyist in Washington, D.C. He served sary Gala, ‘‘For the Love of Our Children: A many clients including the Peralta Community National Call to Commitment.’’ On January 25, College District, AC Transit, and the San Fran- HON. JEFF MILLER 2016, National CARES celebrated the work it cisco International Airport. In 2006, he was OF FLORIDA has done to break the cycle of intergenera- elected Mayor of Oakland and he immediately IN THE HOUSE OF REPRESENTATIVES tional Black poverty, and its deepening com- worked to address the city’s public safety Monday, February 1, 2016 mitment to the critical work that remains. issues by implementing a community policing Founded by Susan L. Taylor in 2006 under program and was able to bring the city’s police Mr. MILLER of Florida. Mr. Speaker, I rise the moniker ‘‘Essence CARES’’, the National force to 837 officers, the highest in the Depart- to recognize the life and legacy of the leg- CARES Mentoring Movement was established ment’s history. endary Luther R. ‘‘Luke McCoy’’ Eason. His to protect and elevate our nation’s most vul- On a personal note, I am honored to have contributions to our great Nation and the last- nerable children. Ms. Taylor’s vision for Es- served as an intern and member of Ron’s staff ing impact he has made on the local North- sence CARES first arose in 2005, in the after- for eleven years. He taught his staff to stand west Florida community will be felt for years to math of Hurricane Katrina. on principle and for what was right, even if it come, and the entire Gulf Coast region Today, the National CARES Mentoring was politically unpopular. He reminded me mourns the passing of this truly talented and Movement has grown into an organization fo- and his entire staff to provide quality con- remarkable man. cused on community mobilization comprised of stituent services and casework, for we were An Alabama native, Luke moved to Pensa- local affiliates in 58 cities across the nation. hired to ‘‘serve the people.’’ Ron also taught cola, Florida in high school in 1956. Upon These affiliates recruit, train, and place men- us the art and skill of negotiation, even with graduation the following year from Pensacola tors in schools and youth-serving programs. those we disagree with, and to achieve results High School, Luke honorably served in the To date, more than 150,000 men and women without compromising our principles. He ex- United States Army as part of the 82nd Air- have served as CARES mentors with organi- emplified the finest in public service and set a borne Division and later in the United States zations such as Big Brothers Big Sisters, the new standard for elected officials. For that, we Marine Corps. During his military service, Luke Boys and Girls Clubs of America, and many are deeply grateful. saw combat in Vietnam, and he was awarded more. Today, California’s 13th Congressional Dis- the Purple Heart for injuries sustained while The National CARES Mentoring Movement trict, celebrate the extraordinary life and serv- defending our Nation. is the only national organization working with ice of Mr. Ronald V. Dellums and wish him In the 1960s, Luke hit the airwaves, begin- youth groups and schools to build culturally continued success, happiness, and well-being ning his exceptionally successful career in competent STEM-literacy training and work- for many years to come. broadcasting. While he could be heard force-readiness programs. Its initiatives, throughout the country—in Cincinnati, Denver, f known as ‘‘The Risings,’’ are working to build and Chattanooga—it was most notably in Pen- capacity in some of our nation’s most blighted RECOGNIZING JAMES B. FLAWS sacola, where he became well known as a black communities. Designed to heal trauma disk jockey and a beloved Talk Radio person- and transform lives, The Rising initiatives HON. TOM REED ality. In 1993, Luke joined WCOA first as co- focus on the academic, social, and emotional OF NEW YORK host of the morning program and then became development of children who are living in deep the distinguished voice of ‘‘Pensacola IN THE HOUSE OF REPRESENTATIVES poverty. Speaks,’’ holding the longest tenure of any One of the initiatives, known as HBCU Ris- Monday, February 1, 2016 former host. ing, is based in Atlanta and is designed to be Mr. REED. Mr. Speaker, I rise today to rec- After 40 years in the radio industry, Luke replicated through the Historically Black Col- ognize a constituent, James B. Flaws, who re- hung up the headphones and microphone in leges and Universities (HBCU) system. It inter- cently retired after a 42-year career with Cor- 2008, spending his retirement days with his weaves strong workforce-development and ca- ning Incorporated. wife Kathy in her native South Carolina, where reer-readiness skills for college-student men- Jim joined Corning Inc. as a financial ana- he enjoyed his other passion—motorcycles tors and the middle school children they serve. lyst in 1973. He quickly worked his way up the and the thrill of the ride. The Rising also operates in challenged high corporate ladder and into the company’s exec- To some Luke McCoy will be remembered schools across the nation, guiding students utive leadership. He has spent the past 22 as a fellow comrade on the battlefield; to oth- through interactive lessons designed to en- years in various leadership positions, including ers he will be remembered as the ‘‘Common courage critical thinking skills, excellence in chief financial officer, vice chairman, and a Man’s Intellectual’’ and for his company and academics, and preparation for success in col- member of the company’s board of directors. entertainment over the airwaves; to his friends lege and careers. Jim has managed countless projects and stra- and family, he will be most fondly remembered On a personal note, I want to thank Susan tegic initiatives, from the spin-off of Corning as a loving husband, father, grandfather, and for her wise counsel, her tremendous leader- Inc.’s healthcare businesses in 1996 to the ac- friend. ship, her inspiration and her friendship. It is quisition of the Samsung Corning Precision On behalf of the United States Congress, I her loving spirit that keeps us hopeful for a Materials business in 2014. am honored to recognize the life and legacy of better world for our children. This milestone in Jim’s outstanding work earned him the dis- Luke McCoy. My wife Vicki and I extend our her life reminds us that we too must and can tinction of being named to the Conference heartfelt prayers and deepest condolences to lead a purposeful life to secure the future for Board’s prestigious Council of Finance Execu- his wife, Katherine Felton ‘‘Kathy’’ Eason of our children. For this, along with so many who tives. In addition, he was recognized as one of North Augusta, South Carolina; son, Michael honor and celebrate her at this important mo- America’s Best CFOs three times by Institu- Holzapfel and his wife, Roxana, of Tempe, Ari- ment in her journey, I am deeply grateful. tional Investor magazine. zona; daughters Sarah Paige and her hus- On behalf of the residents of California’s Jim has spent the past four decades serving band, Michael, and Jeanie Cossman of Pen- 13th Congressional District, I congratulate the his local community in our shared hometown sacola; grandchildren, Cassidy Paige, Emma National CARES Mentoring Movement on 10 of Corning, New York. He has served on the Cossman and Alex Cossman of Pensacola; years of exemplary service. We wish them boards of trustees for the Corning Museum of sister, Bonnie Eason Alverson of Gulf Breeze; continued success as they continue to work to Glass, the Corning Foundation, and the United brother, Benjamin L. Eason and his wife, Bar- ensure the healing, social, and academic Way of the Southern Tier. In addition, Jim was bara, of Arlington, Virginia; and the entire wellness of some of our nation’s most de- instrumental in the founding of the Corning Eason family. fenseless—African-American children. Again, I

VerDate Sep 11 2014 04:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.004 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 1, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E75 wish the National CARES Mentoring Move- During a very difficult time for many people many of us believe that our Nation’s leaders ment well as it strives to end intergenerational of Taiwan, Robert served as Overseas China’s need faith as a guide. We need it because poverty in our African-American communities. Affairs Commissioner. He used his personal man alone is imperfect and flawed. We need f resources to locate and reunite hundreds of God’s direction in our lives because our Amer- families who were separated from their fami- ican freedom rests not on the written words of HONORING CORBEN CRITES lies in China. Many families were separated our founding documents, but on the moral for more than 30 years and forbidden to com- strength of the American people. George HON. JASON SMITH municate by both China and Taiwan laws. Washington believed that ‘‘It is impossible to OF MISSOURI Robert put himself at great risk to assist and rightly govern the world without God and IN THE HOUSE OF REPRESENTATIVES reconnect thousands of people. Bible.’’ Freedom is only possible if men be- Additionally, Robert has been a member of Monday, February 1, 2016 lieve in God and seek to do His will in their the fraternal organization the Freemasons for lives and for this country. Mr. SMITH of Missouri. Mr. Speaker, I rise over 40 years, and has supported the Shriners today to honor Corben Crites of Farmington, Hospital through his position as a Noble of the In order to live our lives as servants of the Missouri for his outstanding achievement of Mystic Shrine of North America. He has Lord, our Founders recognized that we must receiving his Eagle Scout Award. This award served twice as the president of the Chinese look to prayer. Prayer has been a guiding prin- is not easily attained and cannot be achieved Association of Guam and the president of the ciple of private citizens and public officials without a steadfast determination to succeed. Confucian Society of Guam. During his term alike, and prayer has long been used to open In order to receive this award, Corben com- as president of the Confucian Society of important public meetings and events. In fact, pleted an Eagle project that exemplifies patri- Guam, he lobbied the Guam Legislature to de- the tradition dates back to at least September otism and his commitment to serve others. To clare September 28, Confucius’ birthday, as 7, 1774, when Reverend Jacob Duche deliv- help better meet the needs of Farmington area Teachers’ Appreciation Day to remind all stu- ered a prayer to open the First Continental students, Corben constructed a 166-foot walk- dents of the value of honoring educators. Rob- Congress. This tradition continues today, with way and two benches in a designated student ert was also a founding member and first Congress opening its daily sessions with a pickup area at the Farmington Senior High president of the Federation of Asian People. prayer offered by the House Chaplain or a School. He has also assisted with building the Chinese guest chaplain, and the religious history of our At a young age Corben has shown values School of Guam and the Tamuning Chinese Nation is also reflected in our National Motto— such as honesty, loyalty, and civility that in- Park in Guam. Robert has helped students ac- ‘‘In God We Trust’’—the National Day of Pray- spire others. He has shown commitment to quire scholarships to attend the University of er, and the Pledge of Allegiance, amongst good citizenship, physical fitness, and edu- Taiwan and has supported numerous local many others. cation. By learning important survival skills and national charities. Just as our Founders looked to prayer, and first aid, he has made himself an asset to Robert worked diligently throughout his time our community, as well as the nation. Corben elected officials and community leaders at all on Guam and demonstrated true and genuine levels of life and government continue the sa- is a role model for young and old alike and it care for the people he gave his time to serve. cred tradition of prayer. This is the very es- is my pleasure to recognize his achievements I congratulate Mr. Robert T. E. Kao for his life sence behind the founding of the Govern- before the House of Representatives. and I join the people of Guam in commending mental Prayer Breakfast of Pensacola. Since it f him, his wife Anna and their family for their was established four decades ago by a group many contributions. RECOGNIZING AND COMMENDING of ministers from the Greater Cantonment- ROBERT T. E. KAO FOR HIS CON- f Ensley Ministerial Alliance in Escambia Coun- TRIBUTIONS TO THE COMMUNITY COMMEMORATING THE 40TH ANNI- ty, Florida, this annual tradition has gathered OF GUAM VERSARY OF THE GOVERN- hundreds of Northwest Floridians, including MENTAL PRAYER BREAKFAST elected and appointed officials, together to HON. MADELEINE Z. BORDALLO OF PENSACOLA, FLORIDA pray for our Nation and all levels of our gov- OF GUAM ernment. IN THE HOUSE OF REPRESENTATIVES HON. JEFF MILLER Our Father gave America its democracy, its Monday, February 1, 2016 OF FLORIDA prosperity, and its liberty because America IN THE HOUSE OF REPRESENTATIVES has embraced God’s will for its future. But we Ms. BORDALLO. Mr. Speaker, I rise today Monday, February 1, 2016 must continue to keep our faith in God in to commend and congratulate Mr. Robert T. E. order to keep our faith in government. It was Kao for his service and selfless contributions Mr. MILLER of Florida. Mr. Speaker, I rise not our Founders’ intent to keep God out of to the community of Guam. Robert has dedi- to commemorate the 40th anniversary of the government, but to keep the government out cated his life to helping others as a true hu- Governmental Prayer Breakfast of Pensacola, of the church. As Thomas Jefferson wrote, manitarian and philanthropist. Florida. ‘‘The constitutional freedom of religion is the Robert was born in China in 1939. He grew The hand of God has guided this country most inalienable and sacred of all human up in the eastern province of Shandong where from the Pilgrims’ landing at Plymouth Rock in rights.’’ We establish no religion in this coun- he developed his knowledge of Confucius 1620 through today. Without God and faith, try, nor should we. But we continue to honor teachings. Robert and his siblings were raised our Nation simply would not exist. Indeed, our the Lord and the blessings of liberty and free- by an older brother in Taiwan after their par- Founders pledged their lives, fortunes, and sa- dom that he has bestowed upon this Nation, ents passed away when Robert was just a cred honor to the Declaration of Independence and by bringing together leaders of Faith from toddler. ‘‘with a firm reliance on the protection of Di- all levels, Pensacola’s Governmental Prayer Robert was a teacher in Taiwan and he vine Providence,’’ and we can look back far Breakfast honors the Lord and the founding married his wife, Anna in 1967. The Kaos past 1776 to see that God has always been a principles of this great Nation. moved to Guam in 1971 when Anna accepted part of the fabric of American life. One hun- a military contract position for furniture con- dred fifty-six years before the Declaration of On behalf of the United States Congress, I cession. Within a year Anna opened Genghis Independence, the first Pilgrims at the Plym- would like to recognize the Governmental Khan Furniture and by 1995 her business be- outh Colony signed the Mayflower Compact Prayer Breakfast’s founding members and came the premier Asian and contemporary fur- affirming that the very reason for settling in those who have followed in their footsteps in niture store in Guam. She opened ten stores what would become the United States was helping to preserve its original mission of en- between 1972 and 1995 in Guam, California ‘‘for the glory of God, and advancement of the couraging moral and spiritual values in gov- and China. Anna contributes the success of Christian faith.’’ ernment. My wife Vicki joins me in congratu- the family to the support of her husband who The Constitution may make no specific lating all of its members and past participants served as the vice president of Genghis Khan mention of God, but it reflects the religious on this important milestone and thanking them Furniture while guiding their children and principles that a diverse group of thinkers all for their service to God and country. We doing charitable work. Together they have two used to guide this country throughout history. wish them continued success, and may God children and now three grandchildren. Both of While there are some Americans who think continue to bless Northwest Florida, leaders of their children have found success in their pro- that politics and faith cannot coexist and be- all levels of government, and all Americans fessions in the United States mainland. lieve that prayer and public service do not mix, across this great Nation.

VerDate Sep 11 2014 04:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A01FE8.006 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E76 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2016 REMEMBERING LIEUTENANT COM- play. That is an important trademark of a true lery service battery commander and then as MANDER ROBERT DUNLAP HOL- team. the Group S–3 (plans and operations) officer. LAND, JR. I am especially proud of the players from As Vietnam drew down and the Cold War Southwest Alabama who contributed to the heated up, the Army decided to station a com- HON. MAC THORNBERRY team’s success. Quarterback Jake Coker is a bat ready Ranger battalion in Europe. The Mobile native who played high school football OF TEXAS leaders of this elite fighting force went through at St. Paul’s Episcopal School. In the cham- a vigorous screening process. Colonel IN THE HOUSE OF REPRESENTATIVES pionship game, Coker threw for over 300 Spielbauer’s outstanding service record and Monday, February 1, 2016 yards and two touchdowns. It was a very gritty demonstrated potential for greater responsi- and impressive effort, just like Coker’s entire bility earned him the challenging assignment Mr. THORNBERRY. Mr. Speaker, it is with college career. great sadness that I rise to announce the as the first Fire Support Coordinator for the Helping to lead the way for Coker and Ala- European Ranger battalions. He excelled in passing of LCDR (Ret.) Robert Dunlap Hol- bama’s Heisman-winning running back was land, Jr. of Annandale, Virginia on January 20, this duty and was subsequently assigned to former Davidson High School standout Al- teach at the Air Force Academy in Colorado 2016, at the age of 89. He is survived by Bar- phonse Taylor. As the starting right guard on bara, his loving wife of 59 years; his daughter Springs, where he was responsible for helping the offensive line, Taylor and his teammates to train the next generation of military leaders. Anne and son-in-law Richard McFarland of on the offensive line were rewarded for their Springfield, Virginia; his son Thomas Chris- outstanding play by winning the inaugural Joe Colonel Spielbauer and his family then topher, daughter-in-law Lisa, and stepson Moore Award. This award goes to the nation’s moved to Fort Leavenworth, Kansas, where Cody Doss of Jupiter, Florida; his sister Phyllis top offensive line each season. It was a well- he completed the Army’s resident Command Eggleston of Norfolk, Virginia; and many deserved honor. and General Staff College. He then returned nieces, nephews, cousins, and special friends. to Europe for the next 7.5 years. In Europe, Alabama’s run to the national championship Colonel Spielbauer served in numerous posi- LCDR Holland was born in Norfolk, Virginia was marked by outstanding play from the de- tions of escalating responsibility. He initially on November 18, 1926, to Gladys Matthews fense. That defense included former Daphne served as the plans officer for the 59th Ordi- Holland and Robert Dunlap Holland. He was High School star Ryan Anderson. Anderson nance Brigade. His initiative, hard work, and raised in Norfolk and graduated from Maury was a dominating force who racked up six dedication to excellence earned him the op- High School in 1944. Upon graduation, LCDR sacks on the year. He played some of his best portunity to command the 294th Army Artillery Holland went to Emory and Henry College as football down the stretch in the SEC Cham- Group. This difficult job carried the heavy re- part of the Navy’s V–12 program. He subse- pionship Game and again in the College Foot- sponsibilities of nuclear fire support for NATO quently attended the University of Virginia, ball Playoff games. I know opposing quarter- and numerous challenging host nation support graduating in 1949 from the Naval ROTC pro- backs will be fearing him next season as well. requirements. Colonel Spielbauer did an out- gram where he earned a degree in commerce Mr. Speaker, this Alabama squad played as standing job in this assignment. He earned the and a reserve commission in the United a team and in a way that should make every rare opportunity to then command the 552nd States Navy. When the Korean War broke out, Alabamian proud. To the players, coaches, Army Artillery Group. He spent 5 years com- the Navy activated his commission as part of support staff, and the University of Alabama manding high profile, high risk nuclear units. the contingent invading Inchon. Upon returning administration, I want to say congratulations to the United States, LCDR Holland trained as and Roll Tide. Colonel Spielbauer’s demonstrated potential a gunfire liaison officer at Camp Lejeune, for greater responsibility earned him a slot in f North Carolina. the resident Army War College class. This is After leaving active service, LCDR Holland HONORING THE LIFELONG SERV- the most senior Army school, reserved for the relocated to Annapolis, Maryland, to manage a ICE OF COLONEL JOSEPH absolute best Army leaders. After graduation, small loan office. In 1954, he met his future SPIELBAUER he was selected for a prestigious staff/faculty wife, Barbara Claire Harkins. They married in position at the War College. Colonel 1956. In 1960, Robert, Barbara, and their two Spielbauer’s final assignment was the Senior children moved to Annandale where he began HON. BILL SHUSTER Army Advisor to the Commanding General of a career in banking. He was tremendously OF PENNSYLVANIA the 28th Infantry Division/Pennsylvania Na- proud of both his service in the United States IN THE HOUSE OF REPRESENTATIVES tional Guard. Colonel Spielbauer retired from Navy Reserve and to be a part of the First Vir- Monday, February 1, 2016 active duty in September 1992 and ginia Bank Family. transitioned to civilian service for the Com- Mr. SHUSTER. Mr. Speaker, I rise today to Mr. Speaker, LCDR Holland and his family monwealth of Pennsylvania. salute the service of Colonel Joseph represent the very best of America’s Greatest Colonel Spielbauer held several important Generation. We rise to honor and thank them Spielbauer, whose dedication to excellence and sacrifices for public service spanned more positions in Pennsylvania including his role as for their service to our Nation and to wish the Director of the Base Development Com- them Fair Winds and Following Seas. than 25 years of active duty military service and over 20 additional years of public service mittee and his current position as Executive f to the Commonwealth of Pennsylvania. Director of the PA Military Community En- hancement Commission. Joe was directly re- CONGRATULATING THE UNIVER- Colonel Spielbauer was commissioned a sponsible for bringing together all of the dis- SITY OF ALABAMA NATIONAL 2nd Lieutenant in Field Artillery from Gonzaga connected military operations in Pennsylvania CHAMPION FOOTBALL TEAM University, in May 1967. He immediately shipped out to Fort Sill, Oklahoma for officer and preparing a unified strategy to expand the basic training followed by Airborne training military presence through the 2005 Base Re- HON. BRADLEY BYRNE and the grueling Ranger course at Fort Alignment & Closure (BRAC). Colonel OF ALABAMA Benning, the home of Infantry at Fort Benning, Spielbauer approached this daunting responsi- IN THE HOUSE OF REPRESENTATIVES Georgia. He earned both his paratrooper bility with the same unflinching dedication and wings and the prestigious Ranger tab prior to professionalism that he employed to achieve Monday, February 1, 2016 his first assignment to the famed 82nd Air- military mission accomplishments. The un- Mr. BYRNE. Mr. Speaker, I rise today to borne Division. questionable success of Colonel Spielbauer’s congratulate the University of Alabama football After duty with the 82nd Airborne Division, detailed planning, meticulous execution and team on winning the College Football Playoff Colonel Spielbauer was reassigned to combat foresight can be seen throughout Pennsyl- National Championship. This marks Alabama’s duty with the 1st Infantry Division in the Re- vania, as military programs expand and em- NCAA-record 16th national championship. public of Vietnam, where he served as an artil- ployment grows. As a diehard Alabama football fan, I loved lery firing battery commander. Following com- Throughout his long and successful career, watching this team because they played with bat duty, he returned to the United States and Colonel Spielbauer has faithfully executed his such a strong competitive spirit and refused to completed the artillery officer advance course, diverse duties with great professionalism. He be denied. The team was incredibly well- the advanced maintenance course, and rig- is a ‘‘Soldier’s Soldier’’ and a consummate rounded and balanced in all three phases of orous infantry pathfinder training. professional. Colonel Spielbauer’s outstanding the game. Each week, it seemed like a dif- Colonel Spielbauer’s next assignment was career reflects great honor and credit upon ferent player would step up and make a big in Germany, where he first served as an artil- himself, his family, and our nation.

VerDate Sep 11 2014 04:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\K01FE8.011 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 1, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E77 INTERNATIONAL FOOTPRINT AS- day. His legacy as a champion for equality four-decade career is a testament to her mag- SOCIATION TO HOST PANCAKE and peace in this country still shine, Dr. King nificent character and commitment to her com- BREAKFAST FOR HEROES would be proud as many fellow champions munity. The people of North Texas owe her a continue in his tradition and promote his tremendous debt of gratitude and wish her all HON. PAUL COOK dream. of the best in her retirement. It is hard earned, OF CALIFORNIA As we remember Dr. Martin Luther King, Jr., and may it be one of contentment and joy. IN THE HOUSE OF REPRESENTATIVES let us embrace and invite all cultures to join us f in the brotherhood Dr. King so boldly imagined Monday, February 1, 2016 and let our actions echo his words: ‘‘This is HONORING FREDA ROSENSHEIN Mr. COOK. Mr. Speaker, I rise today in rec- not the time to engage in the cooling off or to AND THE JEWISH WAR VET- ognition of a special event that took place in take the tranquility drugs of gradualism. Now ERANS LADIES AUXILIARY my district to honor public safety personnel. is the time to make real the promises of de- On January 23, 2016, Chapter 63 of the Inter- mocracy. Now is the time to rise from the dark HON. THEODORE E. DEUTCH national Footprint Association hosted ‘‘Break- and desolate valley of segregation to the sunlit OF FLORIDA fast for Heroes’’ to show their appreciation for path of racial justice. Now is the time to open IN THE HOUSE OF REPRESENTATIVES the tireless work done by public safety agen- the doors of opportunity to all of God’s chil- Monday, February 1, 2016 cies in the High Desert region of California. dren.’’ Mr. DEUTCH. Mr. Speaker, I rise today in ‘‘Breakfast for Heroes’’ took place at the El I proudly pledge my support to the residents honor of the Ladies Auxiliary of the Jewish Pescador Restaurant in Victorville, California of Aurora as they embrace Dr. King’s vision War Veterans and their National President, and the public was encouraged to attend to for our country and as they work to make that Freda Rosenshein. Ms. Rosenshein paid her show their appreciation. This is the first time vision a reality. official visit to the JWVA Florida Department that Chapter 63 held a breakfast event to f on Sunday, January 24th in Deerfield Beach. honor High Desert public safety personnel and For 85 years, the JWVA has ensured that they anticipated a large turnout of attendees. RECOGNIZING THE ACHIEVEMENTS OF MOLLY H. BOGEN the rich history of Jewish Americans’ service Attendees were able to take tours of an am- in our Armed Forces is not overlooked. In fact, bulance, fire truck, and police vehicles. All pro- over half a million Jewish Americans have ceeds from the event goes towards the Chap- HON. EDDIE BERNICE JOHNSON served in major conflicts since World War II. ter 63 Scholarship Program. The International OF TEXAS This organization is unique in its efforts to Footprint Association is a non-profit commu- IN THE HOUSE OF REPRESENTATIVES combat bigotry and anti-Semitism while re- nity benefit organization whose mission is to Monday, February 1, 2016 maining inclusive of all veterans, regardless of foster positive relations between law enforce- Ms. EDDIE BERNICE JOHNSON of Texas. race, religion, or ethnicity. ment and the public. During my time as a leg- Freda Rosenshein’s tenure as Ladies Auxil- islator, I have worked with this organization on Mr. Speaker, I rise to publicly applaud and praise the exceptional work of one of Dallas’s iary President follows her distinguished history numerous occasions and have always been of service to the JWVA. She knows first-hand impressed with the work they do in our com- finest residents, Ms. Molly H. Bogen. For over forty years, Ms. Bogen has been a champion the sacrifice of our veterans and their families, munities. I strongly encouraged my constitu- as her father served in World War II, her ents to attend ‘‘Breakfast for Heroes’’ to show for the senior citizens of Texas in her role as the Director of Operations for Senior Source. grandfather served in World War I, and her their support for the men and women who put husband served in Vietnam. Her maternal their lives on the line every day. The Dallas-based entity has worked tirelessly to meet nearly every need of our elderly popu- grandparents were charter members of the f lation, a feat that would not have been pos- JWVA. Ms. Rosenshein served three times as RECOGNIZING THE CITY OF AURO- sible without Ms. Bogen’s resourcefulness, de- the New Jersey Department President and RA’S 30TH ANNUAL COMMEMORA- votion, and endless compassion. played an integral role in establishing the TION OF DR. MARTIN LUTHER Ms. Bogen has dedicated her entire life to David Blick Post No. 63 and Auxiliary in Eliza- KING, JR. dutifully serving her community. She first re- beth, New Jersey. ceived her undergraduate degree from South- During her visit to Florida. she continued her HON. MIKE COFFMAN ern Methodist University, before moving to service to veterans by visiting the Ronald United of Texas at Arlington to pursue her McDonald House in Fort Lauderdale and the OF COLORADO VA Hospital in West Palm Beach, where she IN THE HOUSE OF REPRESENTATIVES Master’s of Science in Social Work. This would allow her to become officially licensed granted a wish to a veteran in hospice care as Monday, February 1, 2016 by the Texas State Board to practice social part of the JWVA Grant-A-Wish Program. I am proud to honor Freda Rosenshein, the Mr. COFFMAN. Mr. Speaker, I rise today to work, and begin her exemplary career. Her Ladies Auxiliary of the Jewish War Veterans of recognize the city of Aurora’s 30th annual work with the elderly is now legendary, and America, and all the men and women who commemoration of Dr. Martin Luther King, Jr. she has since come to be recognized as a have defended our Nation through service in The commemoration, ‘‘The Promise of Democ- Distinguished Alumni by both of her alma mat- our Armed Forces. The debt we owe our vet- racy: Breaking Barriers and Borders,’’ will ers. erans and those who selflessly serve them is allow our city to reflect upon and appreciate Through her work with Senior Source, Ms. immeasurable, and we must always strive to the rich diversity that creates the vibrant com- Bogen has cemented a legacy that is rooted be a nation worthy of their heroic sacrifice. munity we call home. in the immense imprint she has left on the I commend the City of Aurora, Mayor Steve senior community of Texas and the nation at f Hogan, the City Council and especially my large. Her appointment as the President and CONGRATULATING SISTER longtime friend, Dr. Shannon-Banister, who is CEO of the organization in 1976 brought MARGARET CARNEY the founder of this celebration, for all of their about expansion and growth. Recognizing a continuing steadfast support of the only week- gap in the community, Ms. Bogen introduced HON. TOM REED long celebration in the State of Colorado. I am a series of programs devoted to supporting OF NEW YORK proud to call the city of Aurora my home. senior citizens with employment, financial IN THE HOUSE OF REPRESENTATIVES This past September, Aurora erected a life management, advocacy and companionship. size statue at our own Martin Luther King, Jr. As such, the organization has now become Monday, February 1, 2016 Library as a constant reminder of Dr. King’s one of the country’s most renowned senior- Mr. REED. Mr. Speaker, I rise today to con- selfless dedication to the pursuit of social jus- service providers, and this was in no small gratulate Sister Margaret Carne on her up- tice and as an inspiration to continue this pur- part due to the immense love, respect and coming retirement from St. Bonaventure Uni- suit. On Monday, the statue will also serve as kindness that Ms. Bogen imparted into her versity. an embodiment of Dr. King’s very tangible daily work. Her selfless passion will no doubt Sister Margaret has served as president of presence in Aurora. continue to inspire her dedicated fifty-six-mem- St. Bonaventure since 2004. During her ten- I am confident that if Dr. King were alive ber staff, as they continue to perform and cul- ure, she has cultivated a vibrant college com- today, he would smile upon the kind words tivate Ms. Bogen’s incredible work. munity by enhancing curriculum, promoting di- and gestures, hours of service, and bonds of Mr. Speaker, the extraordinary compassion versity, and developing various strategic initia- friendship that will be offered in his honor this shown by Ms. Bogen over the course of her tives.

VerDate Sep 11 2014 04:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.009 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E78 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2016 Sister Margaret has held several leadership vation Army for his leadership in raising mone- patient records technician, information sys- positions throughout her career. Prior to being tary funds. He has served on the board of tems technician, medical office manager, med- inaugurated as president of St. Bonaventure American Farmland Trust and was the driving ical control center noncommissioned officer University, she served as dean and director of force behind the San Joaquin National Wildlife and noncommissioned officer in charge of pa- the Franciscan Institute of St. Bonaventure. In Refuge. Currently, Bob is Co-Chairman of the tient administration. addition, she previously served as chair of the Board of E. & J. Gallo Winery. Not to be out- Before her separation from the active duty board of directors of the Association of Catho- done by her husband, Marie has been a part Air Force in 2014, My-Randa served at lic Colleges and Universities, and a member of of the Modesto Symphony Orchestra and Lackland Air Force Base in Texas and at the the Committee on Education of the United Guild, where she established the Picnic at the Andersen Air Force Base in Guam. She was States Conference of Catholic Bishops. POPS concert, which has been held annually also deployed to Ali Al Salem Air Base in sup- In recognition of her outstanding achieve- on the winery grounds since 1995. She is also port of operations in Iraq and Afghanistan. My- ments and contributions, Sister Margaret has a founder of the Catholic Honorary Social Randa was also the recipient of the Air Force been awarded nine honorary doctorate de- Service Guild, an honorary member of the Mo- Commendation Medal, the Air Force Achieve- grees. She has also been honored with the desto Rotary Club and of the Women’s Auxil- ment Medal, the Meritorious Unit Award, the Lifetime Achievement Award from Business iary, and is a founding board member of Cen- Air Force Outstanding Unit Award, the Air First of Buffalo and the Citation Award from tral Catholic High School. She held a promi- Force Good Conduct Award, the Global Ter- the National Federation of Just Communities. nent role in bringing the Sisters of the Cross rorism Service Medal, the Air Force Longevity Sister Margaret truly exemplifies the Fran- to Modesto from Mexico and also served as a Service Award, Air Force Non-Commissioned ciscan values of pursuing knowledge and member of the ‘‘Christmas Angels’’ bell ringing Officer Professional Military Education Grad- serving others. She has had a profound and team for the Salvation Army for numerous uate Ribbon, the Small Arms Expert Marks- lasting impact on students, faculty, and the en- years. Marie played a vital role in the con- manship Ribbon (Rifle), the Air Force Training tire St. Bonaventure community. struction of the Gallo Center for the Arts with Ribbon, the 2008 Pacific Air Forces Health I ask my colleagues to join me in congratu- the support of her husband and family. Services Airman of the Year Award, and the lating Sister Margaret Carney on a remarkable Bob and Marie, who were married in the 2008 Medical Support Services Airman of the career, and wishing her all the best in her up- summer of 1958, will celebrate their 58th anni- Year Award. coming retirement. versary in July. Together, they raised 8 chil- Second Lieutenant My-Randa Kelly Quinata f dren and were blessed with twenty-two grand- is dedicated to the mission of the Guam Air children; to which they have passed along the National Guard and finds strength in the sup- RECOGNIZING BOB AND MARIE importance of family church and commitment port of her leadership, fellow guardsmen and GALLO to the community. her family. Mr. Speaker, please join me in congratu- This is a very proud moment for the island HON. JEFF DENHAM lating Bob and Marie Gallo for their recognition of Guam and the Guam Air National Guard. I OF CALIFORNIA from the Modesto Chamber of Commerce with join the people of Guam in congratulating Sec- IN THE HOUSE OF REPRESENTATIVES the Robert J. Cardoza Citizen of the Year— ond Lieutenant My-Randa Kelly Quinata and Monday, February 1, 2016 Lifetime Achievement Award. Their years of the 254th Force Support Squadron and Guam dedicated service to the community are to be Air National Guard on this achievement. I also Mr. DENHAM. Mr. Speaker, I rise today to commended. extend a special congratulations to her hus- recognize and congratulate Bob and Marie f band Derrick and their children, Taylor, Trevor, Gallo, who will be awarded the Robert J. Car- Talon, Tana. I thank her for her contributions doza Citizen of the Year—Lifetime Achieve- RECOGNIZING AND CONGRATU- to the community of Guam and I look forward ment Award from the Modesto Chamber of LATING SECOND LIEUTENANT to her future contributions and success. MY-RANDA KELLY QUINATA OF Commerce, for their unwavering commitment f to their community. THE GUAM AIR NATIONAL Bob Gallo was born in Modesto, California GUARD HONORING MAE DUKE to Julio and Aileen Gallo. He spent his early years on their family ranch and graduated HON. MADELEINE Z. BORDALLO HON. THEODORE E. DEUTCH from Modesto High School. He continued his OF GUAM OF FLORIDA education at Oregon State University, grad- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES uating with a Bachelor of Science Degree in Business and Technology in 1956. Bob served Monday, February 1, 2016 Monday, February 1, 2016 in the United States Navy for two years Ms. BORDALLO. Mr. Speaker, I rise today Mr. DEUTCH. Mr. Speaker, I rise today to aboard the USS Yorktown. to recognize the contributions and achieve- recognize Mae Duke, who is being recognized Marie also was born in Modesto, California ments of Second Lieutenant My-Randa Kelly by the Century Village Democratic Club for her to former Superior Court Judge Frank C. and Quinata of the 254th Force Support Squadron distinguished service as President. Mae Damrell. Graduating a year after Bob at of the Guam Air National Guard, Guam Na- As part of the ‘‘greatest generation,’’ Mae’s Modesto High School, Marie attended Notre tional Guard. Second Lieutenant Quinata was life embodied the American dream. Mae is a Dame de Namur University in Belmont where promoted to Second Lieutenant on September first generation Jewish immigrant raised on she received a Bachelor of Arts Degree and 20, 2015. She is the first medical service Coney Island, New York and overcame nu- her elementary teaching credentials. Following corps officer and the first female of the Guam merous obstacles to complete her education her graduation, she came back to California Air National Guard to receive a direct commis- and work as a laboratory technician. Mae mar- where she started teaching at Alamo Elemen- sion. ried Sam Duke, a New York City Police offi- tary School in San Francisco. As if it were 2nd Lt. Quinata currently serves as the cer, in 1947, and together they raised four written in the stars, Marie returned to Modesto Health Services Administrator of the Guam Air children in Brooklyn. and married the love of her life, Bob. Guard’s newly formed five member medical Since her youth, Mae has believed in the Both Bob & Marie have a strong belief in unit. She works in the civilian sector as a importance of public service, civic duty, and improving the quality of life for the people in Health System Specialist in Aerospace Medi- participation in democracy. After her four chil- their community. Their contributions of time cine in Medical Standards and Exams under dren enrolled in public school, Mae ran for the and money are well documented in the numer- the Base Operations Medical Cell at the 36th local school board. Later, she and her hus- ous organizations they are involved in. Medical Group, Andersen Air Force Base, band started a youth league at their local syn- Bob Gallo has been active in the United Guam. agogue. Today at age 89, Mae resides in Way, the Grand Jury, Community Action Com- She has a long record of service and has West Palm Beach where she remains active mission, King-Kennedy Center, Rotary Inter- dedicated her life and career to serving our with local community groups and as the Presi- national, Human Rights Commission, Sierra country in different capacities. My-Randa dent of the Century Village Club. She is Club, Audubon Society, Nature Conservancy, joined the active duty Air Force in March 2003 adored and admired by her 4 children, 9 and on the Board of Trustees of the University and graduated from the Health Services Man- grandchildren and 4 great grandchildren. of California, Merced. In addition, he has agement course at Sheppard Air Force Base Wherever her life has taken her, Mae Duke worked to expand the Modesto Union Gospel in Texas in 2003. She also served in other has selflessly volunteered her time and efforts Mission and received an award from The Sal- health services administration roles as an out- to better her community. I am pleased to join

VerDate Sep 11 2014 05:09 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.013 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 1, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E79 in honoring Ms. Duke for her enriching, life- LAKE ARROWHEAD RESIDENT Mr. Speaker, I ask my colleagues to join me long community service. SPEARHEADS EFFORT TO BUILD in congratulating President-elect Tsai and the VETERANS MEMORIAL people of Taiwan, and in wishing them the f best in the new administration. HON. PAUL COOK f TRIBUTE TO LANETTE WRIGHT OF CALIFORNIA HONORING THE UNIVERSITY OF IN THE HOUSE OF REPRESENTATIVES NEW MEXICO COLLEGE OF NURS- HON. HAROLD ROGERS Monday, February 1, 2016 ING Mr. COOK. Mr. Speaker, I rise today to rec- OF KENTUCKY ognize Liam Gavigan for his tireless efforts to HON. MICHELLE LUJAN GRISHAM IN THE HOUSE OF REPRESENTATIVES construct a veterans monument in Lake Ar- OF NEW MEXICO rowhead, California. Liam is a member of Boy IN THE HOUSE OF REPRESENTATIVES Monday, February 1, 2016 Scouts of America Troop 89 and has under- taken this task as his Eagle Scout Project. Monday, February 1, 2016 Mr. ROGERS of Kentucky. Mr. Speaker, I From the time he became involved with the Ms. MICHELLE LUJAN GRISHAM of New rise today in recognition of my long-time exec- Cub Scouts, Liam had a vision for creating a Mexico. Mr. Speaker, I rise today to honor the utive assistant and friend, LaNette Wright, who monument to honor the sacrifices of veterans University of New Mexico College of Nursing is retiring after more than three decades of who live in the San Bernardino County moun- which celebrated its 60th Anniversary this past distinguished service. LaNette started her ca- tain communities. It took several years, but year. The College of Nursing is a world class reer in the U.S. House of Representatives in Liam’s determination resulted in him fund- institution of learning whose graduates have 1984 when she was hired as a Staff Aide in raising over $20.000 needed to construct the been a blessing to the individuals they have Somerset, Kentucky. She later became a memorial. With assistance provided by the cared for and helped save countless lives. San Bernardino Mountains Land Trust, Liam trusted Caseworker, guiding local constituents The University of New Mexico College of was also able to secure the necessary land Nursing was founded in 1955 after Dr. Marion through complications with federal agencies. upon which the monument will stand. Fleck and Mary Jane Carter acquired a In 1999. LaNette took on the role as my Exec- As a Vietnam veteran and retired Marine $60,000 grant from the New Mexico State utive Assistant, faithfully and dutifully orga- Corps infantry officer, I applaud Liam and the Legislature. Since its founding, the school has nizing every meeting, speaking engagement, members of Troop 89 for their diligence in aimed to educate and train future leaders in and flight itinerary in coordination with my per- bringing this project to fruition. I look forward nursing, research innovative methods to im- sonal schedule. In 2012, she also earned the to visiting the monument during my next trip to prove and deliver patient care, and design a title of Casework Director, ensuring constituent Lake Arrowhead. world class health system. Over the past 60 needs are effectively and efficiently met at the f years, the College of Nursing has seen more Somerset, Hazard and Prestonsburg District CONGRATULATING DR. TSAI ING- than 6,000 alumni graduate from its ranks. Offices. Time and again, she has gone above WEN ON HER ELECTION AS These nurses have gone on to serve our com- the call of duty to help me, and by extension, PRESIDENT OF TAIWAN munity and provide invaluable care to hun- dreds of thousands of patients. the people of Kentucky’s Fifth Congressional Throughout its history, the University of New District in delivering a better, more responsive HON. KENNY MARCHANT Mexico College of Nursing has demonstrated and open constituent experience. OF TEXAS exemplary leadership in its field. For example, IN THE HOUSE OF REPRESENTATIVES Like most of us, I have been fortunate in my it was the first program in New Mexico to es- tenure in Congress to have extraordinary pro- Monday, February 1, 2016 tablish a Master of Science in Nursing degree, fessional and personal staff accompany me on Mr. MARCHANT. Mr. Speaker, I rise today as well as a Doctorate of Nursing Practice. this journey. However, LaNette has always to congratulate Dr. Tsai Ing-wen on her victory The school has also created nurse managed given me and my family an extra measure of in the Taiwanese presidential election held on clinics and partnered with the Raymond G. Murphy VA Medical Center to address the loyalty, advice and friendship that I will always January 16, 2016. President-elect Tsai is scheduled to take office on May 20 of this healthcare needs of veterans in our commu- treasure. Without a doubt, her organization year, and will be the first woman president of nity. Furthermore, through their membership in and foresight made many of my days much Taiwan. I further congratulate the vice presi- the New Mexico Nurses Education Consor- simpler, despite a schedule that often be- dent-elect, Dr. Chen Chien-jen, as well as the tium, the College of Nursing has partnered comes complicated and demanding. Her sheer people of Taiwan for this historic vote that sig- with local community colleges to provide ac- presence in the Somerset office will be greatly nifies so much for the continuing strength of cess to a Bachelor of Science in Nursing missed, from her ability to extend compassion democracy in Taiwan. throughout the state. Lastly, the PhD program to distraught Veterans, to calming discouraged On this occasion. I would encourage my col- is one of only a few in the nation to offer a citizens frustrated by federal bureaucracy, to leagues to join me in assuring President-elect health policy track to train future leaders in celebrating victories in the lives of folks we Tsai and the people of Taiwan of our commit- nursing. We are very fortunate to have such have been able to assist through casework. ment to the friendship between our two coun- an outstanding institution training our future healthcare providers. Her thoughtful execution in every situation has tries. We are bound by the values and prin- ciples we share; and the peaceful and free It gives me great pleasure to report that the made LaNette a truly irreplaceable part of the election on January 16 once again dem- University of New Mexico College of Nursing Rogers team. onstrates that Taiwan’s robust democracy is has been recognized for these impressive ac- As we all know, Congressional staff work an example to the rest of the region. The free complishments. In 2015, the College of Nurs- long hours, and often sacrifice weekends and and democratic system that has been estab- ing was ranked tenth overall on Value holidays in order to keep this esteemed institu- lished over the decades is a testament to the Schools’ list of the top-valued undergraduate tion running—inevitably taking a toll on per- commendable dedication and determination of nursing programs. Dr. Nancy Ridenour, dean sonal commitments. She has earned more a free Taiwanese people. Their support for of the College of Nursing explained that ‘‘Credit goes largely to our renowned faculty than her share of quality time with her family human rights is a beacon, and their leaders should be encouraged as they work to keep it who provides an education that emphasizes and friends—especially her energetic grand- shining. working with rural and underserved popu- children. Dr. Tsai’s election is additionally an oppor- lations and prepares our students to transform The people of Southern and Eastern Ken- tunity to reaffirm the importance of the Taiwan nursing and health care.’’ tucky, our staff and I owe LaNette a great debt Relations Act as the cornerstone of the rela- Indeed, the University of New Mexico Col- of gratitude for her steadfast service and dedi- tionship between the U.S. and Taiwan. I urge lege of Nursing has proven itself a model in cation to our region. We wish LaNette and her my colleagues to remain committed to the se- philanthropy and community involvement. husband Louie many wonderful years of retire- curity of Taiwan, as well as our economic and From July 1, 2013 to June 30, 2014 alone, the social relationship, and look forward to our two faculty and students from the College of Nurs- ment in Kentucky and on the sunny beaches countries’ continuing to work together on ing spent more than 83,000 hours working in and golf courses of Florida. issues of common interest. the community in order to provide healthcare

VerDate Sep 11 2014 04:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.016 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E80 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2016 services to more than 19,500 children, individ- Baptist Church, 801 12th Street, Cayce, SC. Guam. The Guam International Airport Author- uals and families through clinical practice and Pastor Dow Welsh and Pastor Charles Wilson ity has grown steadily over the past 40 years training exercises at more than 375 healthcare will officiate. Interment will follow in and has played a vital role in the development Southland Memorial Gardens. The family of Guam, especially success of the island’s facilities throughout the state. The College of will greet friends from 6:00 8:00 p.m. Satur- Nursing also emphasizes teaching its students day, January 30, 2016, at Thompson Funeral visitor industry over the past 40 years. When how to serve rural and underserved popu- Home of Lexington, 4720 Augusta Road, Lex- the Guam Airport first began, all airport busi- lations, and the school is committed to diver- ington, SC. Mrs. Neese passed away Thurs- ness was handled as a division of the Guam sity in its classes so that its campus will better day, January 28, 2016. Department of Commerce. In 1976, the GIAA reflect the communities its graduates go on to Born in Kershaw, she was a daughter of the became a government agency through the en- serve. late John Wesley and Evelyn Blease Johnson actment of Guam Public Law 13–57. During With a shortage of nurses in the country, Sowell, Sr. She was a graduate of Kershaw this period of the airport’s history, Pan Amer- High School and attended Coker College. ican Airways, Continental Air Micronesia and especially in largely rural areas like New Mex- Johnnie was a charter member of Holland ico, it is fundamental that world class institu- Avenue Baptist Church and served as trustee Japan Airlines were the only airline carriers to tions like the University of New Mexico Col- and Sunday School teacher for more than 50 service Guam and utilize the facilities. lege of Nursing continue to train exceptional years. She was the chairman of the Nomi- The Guam International Airport Authority nurses who will serve our community for years nating, Finance, and Personnel Committees, has made tremendous progress over the last to come. The New Mexico Health Care Work- and a member of the Benevolent, Building, 40 years and has become a critical transpor- force Committee estimates that New Mexico Library, and Stewardship Committees. tation hub in the Asia-Pacific region. GIAA has currently faces a shortage of at least 270 Johnnie was continuously employed by the facilitated the growth of Guam’s economy and House of Perfection, Inc., manufacturer and nurses. However, the care that nurses provide visitor industry. Guam’s tourism economy re- wholesaler of children’s apparel from Novem- lies heavily on GIAA facilities for a positive is the crux of our medical model. I am grateful ber 1956 until July 2005, when she retired as for the tremendous work that the University of executive vice president and chief financial passenger experience when traveling to New Mexico College of Nursing has done to officer. She was the former president of the Guam. The airport has added two terminal supply our state with such invaluable care- West Columbia Cayce Junior Woman’s Club, buildings with the second and current terminal givers. Indeed, we must continue to support former Division chairman of the S.C. Federa- completed in September 1998 as part of a this world class institution and others like it. tion of Women’s Clubs, the former president $241M expansion and construction project. Mr. Speaker, it gives me great pleasure to of the Riverlyn Women’s Club, a former This is the single largest improvement project member of the Lexington County Higher competed by the Government of Guam. recognize this special and important institution Education Commission, Congaree Area Girl for recently celebrating its 60th Anniversary. As the airport expanded its operations, addi- Scout Council and served as the West Colum- tional airline carriers began service out of Congratulations to the University of New Mex- bia Cayce residential chairman for the ico College of Nursing; keep up the great United Way. Johnnie was a former member Guam. In 1981, Continental Micronesia added work. of the Body of Trustees, United Community flights to Japan and Northwest Airlines began regularly scheduled services. In 1983, All f Services and was nominated for the ‘‘Woman of Achievement’’ award for the State of Nippon Airways (ANA) began charter flights to CELEBRATING THE LIFE OF South Carolina in 1992. She was awarded the Guam and then opened their international JOHNNIE SOWELL NEESE ‘‘Woman of Distinction’’ honor in 1996, from services three years later. Continental Air Mi- the Congaree Area Girl Scout Council. cronesia introduced direct air service between From 1964 through 1967, Johnnie was active HON. JOE WILSON in the Lexington County and the South Guam and Hong Kong in 1984. Soon after in OF SOUTH CAROLINA Carolina Republican Parties, having served 1986, the United States Congress passed the IN THE HOUSE OF REPRESENTATIVES as secretary-treasurer, County Finance Omnibus Territories Act to include visa waiv- chairman, County Organization chairman, ers for several countries and expanded the Monday, February 1, 2016 president of Lexington County Republican doors for more tourism arrivals. The GIAA Mr. WILSON of South Carolina. Mr. Speak- Women, precinct officer, and Convention passed its ‘‘one million passenger’’ mark in er, last week, South Carolinians mourned the Credentials chairman. A candidate for the 1988 and was renamed the ‘‘Antonio B. Won passing of Johnnie Sowell Neese of Spring- House of Representatives in 1964, she was the Pat Guam International Air Terminal’’ after first woman in South Carolina to run for dale who was recognized as one of the state’s public office on the Republican ticket. She Guam’s first Delegate to the U.S. House of leading businesswomen. She was the state’s served for 17 years as treasurer for Senator Representatives. Soon after in 1990, Korea first female Republican candidate for office Addison G. (Joe) Wilson and assumed active was granted a visa waiver and Continental Air with the 1964 Goldwater Republican effort. At roles in State and Congressional campaigns Micronesia began air services in Seoul and that time only one Republican had been elect- for Republican candidates Albert Watson, expanded flights in Japan. In 1995, GIAA took ed as a legislator in the Twentieth Century Floyd Spence, and Strom Thurmond. on more responsibility when it became the being Charlie Boineau in 1961. Mrs. Neese Johnnie is survived by her daughters, only commercial airport on Guam with the clo- Lynda Neese (Gary Miller), Carol Neese, sure of Naval Air Station. With increased serv- courageously spearheaded the promotion of Deborah Neese, Sandra Neese Cooke, Tracey the two-party system in South Carolina where Neese Edenfield; six grandsons, Ira Brent ices in the Asian region, Guam was ranked Republicans are now super majorities in the Driggers, Jonathan Michael Cooke, Jordan the 4th top U.S. gateway to and from Asia and legislature holding all statewide offices. They Patrick Cooke, Zachary Tanner Edenfield, Australia in 1999. Growth and expansion con- are led by Governor Nikki Haley, from her Nicholas Yates Edenfield, Jacob Andrew tinued for the GIAA after the turn of the new home county of Lexington, who is the state’s Edenfield; three great-grandsons. In addition millennium and in 2007, the airport’s total eco- first female Governor in 340 years. to her parents, she was predeceased by her nomic contributions were totaled at $1.7 billion She and her late husband Harry carefully husband of more than 50 years, Harry Yates with 20,440 jobs generated. Neese; twin sister, Connie Sowell, and broth- The Guam International Airport Authority organized their professions as they success- er, John W. Sowell, Jr. fully raised five talented daughters who have has continued expanding with cargo and other now inspired the success of six grandsons. f facilities while practicing its duties as a re- I especially appreciate her ‘‘gift of adminis- COMMEMORATING THE 40TH ANNI- sponsible neighbor and community partner. tration’’ in that for seventeen years she was VERSARY OF THE ANTONIO B. Anticipating the needs of an increased tourism treasurer of my campaign as I served in the WON PAT GUAM INTERNATIONAL economy and the growth associated with the State Senate. She upheld flawlessly the stand- AIRPORT AUTHORITY military realignment, the airport undertook ard set by my predecessor and her friend these efforts to prepare for increased cargo Congressman Floyd Spence that ‘‘It must not HON. MADELEINE Z. BORDALLO traffic on Guam. Further, a multimillion dollar noise mitigation program was implemented for only be right, it must look right,’’ as we suc- OF GUAM houses in the area beginning in 2009. Air cessfully replaced an incumbent in the Repub- IN THE HOUSE OF REPRESENTATIVES lican primary. services have expanded even more with in- Monday, February 1, 2016 The following obituary was in The State creased flights in the region on new and exist- newspaper of Columbia, S.C., on Saturday, Ms. BORDALLO. Mr. Speaker, I rise today ing expanding airlines. GIAA has continued to January 30th: to recognize and congratulate the staff and provide consistent service and good facility Funeral service for Johnnie Sowell Neese, management of the Antonio B. Won Pat Guam throughout the turbulent history of airline 89, of West Columbia, will be held at 3:00 p.m. International Airport Authority (GIAA) on their mergers. The airport has also adapted to wel- Sunday, January 31, 2016, at Holland Avenue 40th anniversary of service to the people of come Russian tourists when President Obama

VerDate Sep 11 2014 04:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.020 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 1, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E81 instructed DHS to allow them to visit Guam IN RECOGNITION OF UNIVISION winning the championship and ranking second without a visa in 2014. The airport has kept SAN DIEGO’S 25TH ANNIVERSARY all-time in the event. Later that year, he won high standards for itself to ensure the safety of the decathlon at both the Pan American Junior its patrons and the people of Guam. In 2014, HON. JUAN VARGAS Games and the USATF National Junior Cham- the 1st Cycle of the Airport’s Aircraft Rescue OF CALIFORNIA pionships. DyeStat, a prominent track and field and Fire Fighting Division was installed. IN THE HOUSE OF REPRESENTATIVES website, noted that ‘‘[Beach] ends all doubt— he is the greatest US high school decathlete While the airport has made major achieve- Monday, February 1, 2016 ments in the last 40 years, the GIAA leader- ever.’’ ship continues to look to growth in the future. Mr. VARGAS. Mr. Speaker, I rise today to But Curtis was just getting started. Curtis In 2014, they began a capital improvement celebrate the 25th Anniversary of Univision enrolled at Duke University where in his fresh- program with plans to further enhance their fa- San Diego. man year at the 2011 NCAA Men’s Outdoor cilities that will provide nearly $167 million of Founded on February 14, 1989, Univision Track and Field Championship, he finished economic activity into the local economy. I San Diego made its debut by airing the Rose second overall in the decathlon. This included look forward to continue working with GIAA to Parade on January 1, 1990. On March 15, a time of 3:59.13 in the 1500 meters which ensure that they are provided with federal 1990, Univision San Diego became a full shattered the previous collegiate record and funding to support their future growth and fa- newscast and began presenting local news was the second-fastest 1500 meters ever for cilities enhancements. Our airport is a critical capsules. It has since provided news, sports, a decathlon. As a sophomore, Curtis finished link in our entire island’s economy. specials, variety and talk shows to the resi- first in the heptathlon at the 2012 NCAA Men’s dents of San Diego County. Univision San Indoor Track and Field Championship with Again. I congratulate Antonio B. Won Pat Diego has become the premier Spanish-lan- 6,138 points. Curtis also broke his own world Guam International Airport Authority and com- guage news station in the region. Operating record in the heptathlon 1000 meters with a mend its leadership and all employees for under the mantra of ‘‘contigo’’, meaning ‘‘with spectacular finish of 2:23.63. Upon graduation, their contributions to our local community and you’’, Univision San Diego focuses on the Curtis was a two-time All-American in the de- throughout the Asia-Pacific region. I thank and issues that are the most relevant to the His- cathlon and a three-time All-American in the commend all of the GIAA’s tenants and part- panic community: education, health, economy, heptathlon. ners for their commitment to the airport and immigration, and the day-to-day impacts of the I would also like to commend the remark- the community of Guam. I join the people of citizens on their communities. Univision San able sportsmanship that Curtis displayed at Guam in recognizing the GIAA on their 40th Diego’s dedication to the most pressing issues the 2012 Olympic trials. Curtis had injured his anniversary and I look forward to their future attracts an average of a quarter-million view- elbow, so he lacked the necessary points to contributions and success. ers weekly. win the decathlon. But in the final event, the I would like to send Univision San Diego my 1500 meters, Curtis’ friend, Ashton Eaton, had f sincerest congratulations on reaching this im- an opportunity to set the world record in the RECOGNIZING THE HOOSIER portant milestone. decathlon. Recognizing this, Curtis paced YOUTH PHILHARMONIC f Eaton and then slowed down to allow Ashton Eaton to win the event in which he set the HONORING CURTIS BEACH world record. Not only is Curtis a world class HON. TODD C. YOUNG athlete, but he is also a true role model. Curtis HON. MICHELLE LUJAN GRISHAM recognized that there is more in sports than OF INDIANA OF NEW MEXICO just winning—team play and sportsmanship IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES matter just as much and for this he was Monday, February 1, 2016 Monday, February 1, 2016 awarded the International Fair Play Award in 2012. Curtis also received the Athlete of the Mr. YOUNG of Indiana. Mr. Speaker, I rise Ms. MICHELLE LUJAN GRISHAM of New Year award in 2012 and 2014 from the U.S. today to recognize Bloomington, Indiana’s Mexico. Mr. Speaker, I rise today to honor Track & Field and Cross Country Coaches As- High School Orchestra, the Hoosier Youth Curtis Beach, a tremendous athlete from Albu- sociation National Field. Philharmonic. querque, New Mexico who has demonstrated Now that Curtis’ illustrious college career some of the best qualities an athlete can I want to congratulate the Hoosier Youth has ended, he has turned pro. In September, have—sportsmanship, a competitive spirit, and Philharmonic on being invited to perform at 2014 he moved to Phoenix, Arizona, to train at the refusal to give up. the Kennedy Center in Washington, D.C. as the World Athletic Center with other star ath- Curtis, the eldest of two children, was born part of the ‘‘2016 Capital Orchestra Festival.’’ letes from around the world. He made his pro- on July 22, 1990 to Jeana King-Beach and As a resident of Bloomington. I am particularly fessional debut at 2015 Azusa Pacific Univer- David Beach. At an early age, Curtis proved proud of the High School Orchestra’s achieve- sity and placed second. A month later, Curtis that he was destined to be a runner when he ments this year. They have worked very hard, qualified for the Olympic trials which will take was chasing a horse named Lobo. Curtis went and merit respect and celebration. place later this year in July. If Curtis places in up to Lobo who promptly ran away, but Curtis the top three he will qualify for the 2016 Olym- Accomplishments such as this are achieved gave chase, caught up to Lobo who ran off through diligence and commitment. The Hoo- pics in Rio de Janeiro, Brazil. again, but Curtis refused to give up and kept Curtis is a fierce competitor, a tremendous sier Youth Philharmonic is one of seven out- running after Lobo. This continued for two athlete, and a rare and true model of sports- standing North American orchestras invited to hours without Curtis tiring. manship. We are lucky to call him our own, perform at the John F. Kennedy Center for the Curtis also started playing sports when he and it has been a pleasure to watch his many Performing Arts. in Washington, D.C. On Feb- was young, but even then it was clear that his victories. I look forward to watching his career ruary 14th, 2016, the Hoosier Youth Phil- main passion was running. When he was five, blossom, and I will be cheering him on as he harmonic will perform on the same stage as Curtis tried recreational soccer. Jeana fondly tries out for the 2016 Olympics. many great American and international artists, recalls Curtis running back and forth across f such as La Scala Opera Company, Yo-Yo Ma, the field but not pursuing the ball. Jeana told and the London Philharmonic Opera. him that he should try to score, but Curtis con- INTRODUCTION OF A BILL TO I want to commend Music Director, Jane tinued to run. Three years later Curtis joined CLARIFY CERTAIN DUE PROCESS Gouker on her successful 36-year tenure as the track club and has not stopped running RIGHTS OF FEDERAL EMPLOY- the orchestra’s conductor. Mobilizing the 103 since. EES SERVING IN SENSITIVE PO- piece student orchestra, replete with instru- From 2004–2009, Curtis attended Albu- SITIONS ments, luggage. and chaperones is a hercu- querque Academy where he won 17 individual lean effort, and Director Gouker has executed New Mexico state high school titles in track HON. ELEANOR HOLMES NORTON seamlessly. The Hoosier Youth Philharmonic and field. At the 2009 Great Southwest Clas- OF THE DISTRICT OF COLUMBIA serves as an inspiration to many members of sic in Arcardia Invitational, Curtis set the na- IN THE HOUSE OF REPRESENTATIVES the community of Bloomington and Hoosiers tional high school decathlon record with 7909 across Southern Indiana. I wish them the best points. Then, at the National Scholastic Indoor Monday, February 1, 2016 of luck as they perform on Sunday, February Championships in New York, in March 2009, Ms. NORTON. Mr. Speaker, today, as hun- 14th at the renowned Kennedy Center. Curtis reached 4127 points in the pentathlon, dreds of thousands of our federal workers face

VerDate Sep 11 2014 04:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.022 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E82 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2016 uncertainty in wages and work, I rise along war, Mr. Hulsey and the ‘‘City of Farmington’’ HONORING THE LEGACY OF with my House colleague ROBERT J. WITTMAN would officially fly 27 missions, once flying five LARRY PURDOM IN MISSOURI to introduce a bill to clarify certain due process missions in nine days. CATTLE BREEDING rights of federal employees serving in sen- After the war, Mr. Hulsey began a career sitive positions. Our bill would overturn an un- selling insurance following a recommendation HON. BILLY LONG precedented federal court decision, Kaplan v. from his family doctor that prompted him to OF MISSOURI Conyers and MSPB, which stripped many fed- interview with a local insurance agent. After IN THE HOUSE OF REPRESENTATIVES eral employees of the right to independent re- nine years of exclusive work in the insurance Monday, February 1, 2016 view of an agency decision removing them field, he entered the real estate business in from a job on grounds of ineligibility. The case 1957. Mr. LONG. Mr. Speaker, I rise today to was brought by two Department of Defense Over the years, Mr. Hulsey has been an ac- honor Larry Purdom, for his legacy of success (DOD) employees, Rhonda Conyers, an ac- tive member of the community not only as a and innovation in Missouri dairy cattle breed- counting technician, and Devon Northover, a businessman, but as a community leader. He ing. Starting in 1957, Larry and his wife Alice commissary management specialist, who were was a member of the Farmington Chamber of have cultivated one of the most outstanding permanently demoted and suspended from Commerce and the Rotary Club, acting as herds of Holstein dairy cows in Missouri. He their jobs after they were found to no longer secretary for both organizations. His efforts had his first Grand Champion cow at the Mis- be eligible to serve in noncritical sensitive po- even helped to begin the construction of a souri State Fair in 1964, which he repeated in sitions. In 2014, the Supreme Court declined new high school in Farmington. 1966, 1976, 1977 and 1978. He also had sev- to hear the case, which allowed the appeals For his many contributions to the Farm- eral other championships recognized at the court decision to stand. ington community and his personal successes, Specifically, the decision prevents federal it is my pleasure to recognize Cecil Hulsey be- Ozark Empire Fair, the Missouri Dairyman’s workers who are designated as ‘‘noncritical fore the United States House of Representa- Institute, and the Southern National show. In sensitive’’ from appealing to the Merit Systems tives. the show ring, Larry had 35 cows win All-Mis- Protection Board (MSPB) if they are removed souri honors. f In addition to his prize winning cows, Larry from their jobs. Noncritical sensitive jobs in- has had an enormous impact on the develop- clude those that do not have access to classi- HONORING JOHN O’BRIEN, PRESI- ment of Missouri Holstein cattle as among the fied information. The decision would affect at DENT OF THE WEST SIDE IRISH best in the nation. His prize winning bull Sen- least 200,000 DOD employees who are des- AMERICAN CLUB ator Flame was placed in the Carnation Ge- ignated as noncritical sensitive. Even more se- netics AI stud in 1972, improving many herds riously, most federal employees could poten- HON. JAMES B. RENACCI around the country. Larry has also provided tially lose the same right to an independent re- OF OHIO bulls for families on farms across Southwest view of an agency’s decision because of a IN THE HOUSE OF REPRESENTATIVES Missouri and Northwest Arkansas, helping to rule by the Office of Personnel Management Monday, February 1, 2016 augment herds where artificial insemination (OPM) and the Office of the Director of Na- was not practicable. tional Intelligence (ODNI), which went into ef- Mr. RENACCI. Mr. Speaker, I would like to congratulate John O’Brien, upon the achieve- Larry has also personally received the 2011 fect in July 2015, that permits agency heads Missouri Dairy Hall of Honors Distinguished to designate most jobs in the federal govern- ment of twenty years as President of one of the premier Irish organizations in America, the Dairy Cattle Breeder award, in addition to the ment as noncritical sensitive. Missouri Dairy Hall of Honors Dairy Leader- The Kaplan decision undercuts Title 5, sec- West Side Irish American Club. The West Side Irish American Club exists to ship Award in 2002. He served as President of tion 7701 of the Civil Service Act, which en- the Missouri Dairy Association from 2003– sures due process rights for federal workers preserve and promote the rich Irish cultural heritage in song, dance, literature, sports and 2014, and also served on the National Dairy required by the U.S. Constitution. Stripping Board, as well both the division and corporate employees whose work does not involve clas- traditions. It provides a forum for the enrich- ment of family and the enhancement of friend- boards of the Midwest Dairy Association. sified matters of the right of review of an Mr. Speaker, I extend my gratitude and ad- agency decision that removes them from their ships. John O’Brien demonstrates a commit- ment to the Irish community on a daily basis. miration for what Larry Purdom has accom- jobs opens entirely new avenues for plished in his career. His prize winning cattle unreviewable, arbitrary action or retaliation by Service to the Irish community is the founda- tion of John O’Brien’s endeavors. John have improved the stock of herds throughout an agency head and, in addition, makes a the state, as well as helping to establish the mockery of whistleblower protections enacted O’Brien exemplifies the spirit of the WSIA member—love of culture and celebration of Missouri Holstein as a premier breed of dairy in the 112th Congress. My bill would stop the cattle. On behalf of the 7th District, I congratu- use of ‘‘national security’’ to repeal a vital community. John O’Brien was born in Kiltoon, County late him on his dedication and his well-earned component of civil service protection and of accomplishments. due process. Roscommon, Ireland and arrived in North f I urge my colleagues to support this bill. America first in Montreal, Canada where he met his wife, Eileen. The O’Briens settled in f CONGRATULATING LESLEY LEON Cleveland, Ohio in 1963. They raised four chil- GUERRERO FOR BEING CHOSEN HONORING CECIL HULSEY dren, Noreen, Catherine, Patricia and John Jr. AS THE GUAM CHAMBER OF John O’Brien was first elected President of COMMERCE 2015 REINA A. LEDDY HON. JASON SMITH the West Side Irish American Club in 1995. GUAM YOUNG PROFESSIONAL OF OF MISSOURI Under his leadership many capital improve- THE YEAR IN THE HOUSE OF REPRESENTATIVES ments to the facility have been achieved, in- cluding a new storage building and workshop, HON. MADELEINE Z. BORDALLO Monday, February 1, 2016 a beautiful gazebo, conversion to a city water OF GUAM Mr. SMITH of Missouri. Mr. Speaker, I rise and sewer system, complete renovation of the IN THE HOUSE OF REPRESENTATIVES today to honor the outstanding achievements Great Hall, addition of the Madison and Abbey and successful career of Cecil Hulsey from Rooms, and the upgrade of the football field. Monday, February 1, 2016 Farmington, Missouri. After more than sixty He also oversees the ‘‘Tuesday Volunteers,’’ Ms. BORDALLO. Mr. Speaker, I rise today years of helping friends and neighbors find af- doing countless maintenance and cleaning to recognize Lesley Leon Guerrero on being fordable homes and reliable insurance cov- projects. selected as the Guam Chamber of Commerce erage, Cecil Hulsey has decided to retire at John O’Brien’s dedication, his steady hand 2015 Reina A. Leddy Guam Young Profes- the age of ninety. and his quiet, unassuming demeanor and his sional of the Year. Lesley was named the As a native of the Farmington area, his de- humility inspire others to participate in club ac- Guam Young Professional of the Year on Fri- votion to his hometown was evident even as tivities. day, January 15, 2016. She is the Vice Presi- a young bombardier on a B–29 during World Mr. Speaker, please join me in recognition dent and Director of Customer Service for the War II. Showcasing his salesmanship and of John O’Brien for his constant dedication to Bank of Guam where she leads a team dedi- hometown pride, he convinced his fellow crew preserving Irish culture and to giving future cated to providing exceptional customer serv- members to name their plane the ‘‘City of generations of Irish-Americans the gift of ice and helping clients achieve financial suc- Farmington.’’ Stationed in Guam during the knowledge of their traditions. cess.

VerDate Sep 11 2014 04:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.026 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 1, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E83 Prior to joining the Bank of Guam, Lesley Marines, Montford Point. Conditions were se- SAN BERNARDINO COUNTY SHER- spent eight years in public service with the vere and required the utmost mental persever- IFF’S DEPUTY SAVES LIFE OF Guam Department of Homeland Security and ance and will to go on. Mr. Gray was deter- MOTORIST the Office of Civil Defense. During her time mined to prove himself as a more than com- there, she helped lead response and recovery petent Marine. After completing basic training HON. PAUL COOK efforts during various natural disasters, includ- at Montford Point, he spent four years at war OF CALIFORNIA ing Typhoon Chata’an and Super Typhoon with the 51st Defense Battalion. He fought val- IN THE HOUSE OF REPRESENTATIVES Pongsona. Lesley is a 1997 graduate of Notre Dame iantly for our ideals and to assist in liberation Monday, February 1, 2016 High School in Talofofo, Guam and received efforts in the Pacific. Mr. COOK. Mr. Speaker, I rise today to rec- her Bachelor of Arts degree in Communica- Mr. Speaker, the people of New Jersey’s ognize the heroic actions of San Bernardino tions from Chaminade University of Honolulu. Third Congressional District are tremendously County Sheriff’s Deputy Asiah Medawar. In In December of 2015, Lesley graduated from proud to have Mr. George Gray as an involved the early morning hours of January 15, 2016, the University of Guam with a Professional member of their community. It is my honor to Deputy Medawar was dispatched to a traffic Master of Business Administration degree. recognize both his personal military accom- collision in Victorville, California. When she ar- Lesley has been a member of the Guam rived on scene, the vehicle was partially en- plishments, as well as his contributions to end- Chamber of Commerce Guam Young Profes- gulfed in flames and an unidentified citizen sionals Committee for the last two years. The ing segregation in the military, and honorably was attempting to remove the injured driver. organization seeks to energize, engage and serving and protecting our country in World Sensing the severity of the situation, Deputy empower young professionals to be inspired, War II, before the United States House of Medawar immediately sprang into action and influential and connected. She has been an Representatives. was instrumental in dislodging the uncon- active member of the organization, helping scious driver from underneath the dashboard. young professionals to recognize the eco- f Deputy Medawar and the unidentified citizen nomic and social importance of engaging in all dragged the driver away from the vehicle, aspects of our community and region to en- INTRODUCTION OF THE DISTRICT which burst into flames shortly thereafter. The courage them to become future leaders. Les- OF COLUMBIA JUDICIAL FINAN- driver incurred severe burns to his hand but ley was nominated and chosen as the Guam CIAL TRANSPARENCY ACT OF did not suffer life-threatening injuries. Young Professional of the Year from among 2016 Because of Deputy Medawar’s selfless ac- five nominees within the local business com- tions, the driver’s life was spared. I want to munity. thank Deputy Medawar for her bravery and Additionally to her professional work, Lesley HON. ELEANOR HOLMES NORTON sacrifice on behalf of our High Desert commu- actively supports many local non-profit organi- nity in San Bernardino County. Her actions re- OF THE DISTRICT OF COLUMBIA zations. Lesley is a member of the Lupus flect great credit upon the San Bernardino Awareness Group of Guam which seeks to IN THE HOUSE OF REPRESENTATIVES County Sheriff’s Department and other law en- provide advocacy and identify the needs of forcement personnel throughout our country. I Monday, February 1, 2016 those with Lupus on Guam. She also serves would like to also offer my sincere gratitude to as the Board Secretary for Junior Achieve- Ms. NORTON. Mr. Speaker, today, I intro- the unidentified citizen who assisted Deputy ment Guam which is a local organization that duce the District of Columbia Judicial Financial Medawar during this heroic event. promotes entrepreneurship to Guam’s youth. Transparency Act of 2016, a bill that would f Lesley is a founding member and Vice Presi- dent of Let’s Move, a local non-profit organiza- enhance financial disclosure requirements for OUR UNCONSCIONABLE NATIONAL tion dedicated to fighting childhood obesity on D.C. Court judges, making them similar to the DEBT Guam. disclosure requirements already in place for Again, I extend my congratulations to Lesley Article III federal judges. Although current fed- HON. MIKE COFFMAN on being named the Guam Chamber of Com- eral law does require D.C. Superior Court and OF COLORADO merce 2015 Reina A. Leddy Guam Young D.C. Court of Appeals judges to file annual fi- IN THE HOUSE OF REPRESENTATIVES Professional of the Year and I commend her nancial reports, much of the information in- Monday, February 1, 2016 for her service and dedication to the people of cluded in those reports remains confidential. Guam throughout her career. I also extend a For example, while judges are required to sub- Mr. COFFMAN. Mr. Speaker, on January 20, 2009, the day President Obama took of- sincere congratulation to Lesley’s parents, mit information about their income, invest- Kenny Leon Guerrero and Gil and Connie fice, the national debt was ments, liabilities, and gifts, current law only Shinohara. I look forward to her continuing to $10,626,877,048,913.08. be a role model in our community and work to makes public judges’ connections to charities, Today, it is $18,989,803,014,663.70. We’ve improve our island. private organizations, and businesses, and added $8,362,925,965,750.62 to our debt in 7 f honorariums that are more than $300. My bill years. This is over $8 trillion in debt our na- would bring some much-needed transparency tion, our economy, and our children could HONORING MR. GEORGE GRAY to the D.C. Courts by making all of this infor- have avoided with a balanced budget amend- mation—except for a judge’s personally identi- ment. HON. THOMAS MacARTHUR fiable information—available for public inspec- f OF NEW JERSEY tion. HONORING JOHNNY FISHMAN IN THE HOUSE OF REPRESENTATIVES This legislation is particularly necessary be- Monday, February 1, 2016 cause open government advocates have HON. ILEANA ROS-LEHTINEN Mr. MACARTHUR. Mr. Speaker, I rise today found the D.C. Courts to be seriously lacking OF FLORIDA to honor Mr. George Gray of New Jersey’s in transparency. In fact, a 2014 survey by the IN THE HOUSE OF REPRESENTATIVES Third Congressional District, and to express Center for Public Integrity that took a com- Monday, February 1, 2016 my sincerest gratitude to him for his service to prehensive look at each state’s judicial finan- our nation and commend him as to all of his cial disclosure rules, gave the District a failing Ms. ROS-LEHTINEN. Mr. Speaker, I along accomplishments, specifically his Congres- with Representative DEUTCH rise today in grade. D.C. Court judges already submit sional Gold Medal. honor of Johnny Fishman on the occasion of Mr. Gray has received a Congressional enough financial information to improve the his Bar Mitzvah. We know that Johnny has Gold Medal in recognition of his status as a District’s standing—my bill would make it pub- been eagerly looking forward to this moment, Montford Point Marine. This medal is the high- lic. and we are honored to share this special day est civilian honor bestowed by Congress and Only Congress can make these necessary with his friends and family. recognizes Mr. Gray as one of the first African changes. I urge my colleagues to support this As a seventh grader at Pine Crest School, American Marines to enlist in World War II. good government bill, to improve transparency Johnny excels in math and science. He is After enlistment, Mr. Gray was sent to the for judges in the District of Columbia. known among his peers and teachers for his segregated boot camp for African American outstanding character, friendliness, and care

VerDate Sep 11 2014 04:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.030 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E84 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2016 for others. In addition to his academic pur- RECOGNIZING THE GREATER COM- ments were established, where vessel owners suits, Johnny is driven by his passion for foot- MUNITY MISSIONARY BAPTIST could pay for a license to access the Treaty ball. Johnny has played for three years with CHURCH ON 25 YEARS OF WOR- area, roughly ten million square miles of the the MAR–JCC Mo Steel Flag Football Team, SHIP AND FELLOWSHIP South Pacific Ocean. and last year he participated in the national In addition to the industry license payments, championships. Johnny’s love of sports and HON. MARC A. VEASEY the Treaty includes a related Economic Assist- ance Agreement between the United States compassion for others led him to organize a OF TEXAS and the Pacific Islands Forum Fisheries Agen- sports equipment drive for his Mitzvah project. IN THE HOUSE OF REPRESENTATIVES Johnny and his friend, Jake Moss, collected cy. The economic assistance usually ran in Monday, February 1, 2016 conjunction with the multi-year fishing agree- new and gently-used sports gear for donation ment. Up until 2013, when a 10-year Eco- to a local children’s charity, thereby expanding Mr. VEASEY. Mr. Speaker, I rise today to nomic Assistance Agreement of $21 million a opportunities for less fortunate children. recognize the Greater Community Missionary Baptist Church on their 25 years of worship year was adopted. It is important to stress that We join together in wishing ‘‘Mazel Tov’’ to and fellowship in Arlington, Texas and the sur- the economic assistance does not occur on its Johnny. We also wish him every success in rounding community. own; it has always been tied to United States his promising future as he continues his per- The founding congregants of Greater Com- fishermen fishing in the Treaty area. sonal and academic pursuits. It is with great munity MBC heard their call to worship in Multi-year fishing agreements were fairly stable under the Treaty for the first 25 years, pleasure that we honor him on his special day. 1991. Reverend Kennedy Jones first led a with the last 10-year agreement expiring in group of twenty-two founding members and 2013. Since then, the United States and the f began holding services at the Harvest Time Island nations have only been able to agree Church on Cooper Street in Arlington. Begin- on annual agreements, the last few being det- TRIBUTE TO EDWARD ‘‘RUSTY’’ ning with a single Sunday afternoon service, WASHINGTON ROSE III rimental to United States-flag vessels due to the Greater Community family quickly outgrew lower tuna prices and payment for unused its original location. During its first year, Great- fishing days causing economic hardship. The HON. EDDIE BERNICE JOHNSON er Community MBC purchased the property most recent nonbinding agreement was devel- where the church now resides at 126 East oped in August 2015, and has been under OF TEXAS Park Row. month’s long discussion between the Depart- Construction on the new church was com- IN THE HOUSE OF REPRESENTATIVES ment of State and the Pacific Island Forum pleted in 1993. The then 60 member strong Fisheries Agency regarding the final number Monday, February 1, 2016 congregation moved into its new building and of fishing days the United States and its indus- continued to grow rapidly. By the end of 1996, try will be paying for in 2016. Ms. EDDIE BERNICE JOHNSON of Texas. there were 300 regular members, three choirs, Since January 1, 2016, United States-flag Mr. Speaker, I rise this morning with a sense a whole host of new deacons and the seeds vessels have been banned from the Treaty of grief to acknowledge the passing of one of of some of the Arlington community’s most ef- fishing area, even though the United States the most gracious and giving citizens to have fective ministries were planted. Government paid $21 million in economic as- ever lived in North Texas. Edward ‘‘Rusty’’ From its humble beginnings as a small sistance in June 2015, which covers through Washington Rose III, a philanthropist, a bril- church with a single afternoon service, Greater June 2016. Thirty-seven United States-flag liant financial genius, a conservationist and Community Missionary Baptist Church now vessels are impacted by the ban and are los- former owner of the Texas Rangers Baseball holds three separate services at both their ing money every day the vessels are tied up. team has taken his leave. He was 74 years east and west campuses, and is home to over The impact on the United States-flag fleet can- old. 1500 members. With their expanded ministry not be minimized. The viability of these United offerings, Greater Community continues to States companies and American jobs are at A graduate of the Harvard Business School, serve the Arlington community in a variety of stake. Mr. Rose donated millions of dollars to worthy ways. For that reason, I am introducing the Fair- causes. While giving with an abundant heart, Greater Community Missionary Baptist ness to United States Distant Water Fisher- he preferred to stay out of the limelight. For Church has maintained its commitment to men Act of 2016. The bill would prohibit the him, it was enough to know that he had growing its ministry through works of love and United States Government from providing eco- helped someone or that his giving had en- service. As described in Ephesians 4:12, nomic assistance payments to the Pacific Is- riched the city of Dallas, culturally, socially and Greater Community Missionary Baptist Church land Forum Fisheries Agency, when there is economically. has been and will continue ‘‘to equip His peo- no Treaty agreement allowing United States- Ten years ago. Mr. Rose, his wife. Deedie, ple for works of service, so that the body of flag vessels access to the Treaty area. and two other Dallas couples donated portions Christ may be built up.’’ f of their personal art collections to the Dallas In honor of Greater Community Missionary COMMEMORATING THE LIFE OF Museum of Art. The bequest was valued at Baptist Church and its 25 years of service to LIEUTENANT COLONEL WALTER $25 million. the Arlington community, this statement will be L. MCCREARY, USAF (RETIRED) submitted on Monday, February 1, 2016. The couples agreed that at their deaths, f their extensively valuable art collections would HON. GERALD E. CONNOLLY be given to the museum. Among his personal THE FAIRNESS TO UNITED OF VIRGINIA donations was a $10 million gift to assist in STATES DISTANT WATER FISH- IN THE HOUSE OF REPRESENTATIVES building the AT&T Performing Arts Center in ERMEN ACT OF 2016 Monday, February 1, 2016 Dallas which has become the anchor of cul- Mr. CONNOLLY. Mr. Speaker, I rise today tural activity in North Texas. HON. DUNCAN HUNTER to commemorate the life of Lieutenant Colonel In many respects Mr. Rose was a simple OF CALIFORNIA Walter L. McCreary, USAF (Retired), for his man. His major passion was bird watching, an IN THE HOUSE OF REPRESENTATIVES bravery and service to this nation. activity he began as a young boy. On his Monday, February 1, 2016 Lt. Col. McCreary served this nation as one ranch he created a bird sanctuary and wet- of the original Tuskegee Airmen and in a time Mr. HUNTER. Mr. Speaker, for 28 years the lands. Often, he invited friends and colleagues of deep racial division, when many of the very United States has been a party to the Treaty to join him as the birds he had cared for citizens he defended would see him treated as on Fisheries Between the Governments of soared skyward and migrated to the North. a second-class citizen. It is in part because of Certain Pacific Island States and the Govern- the determined perseverance and success of Mr. Speaker, like the birds he nurtured, Mr. ment of the United States of America. At the the Tuskegee Airmen as the most efficient Rose possessed a mind, a character and a time of its development, the Treaty resolved fighter group in the 15th Air Force that Presi- spirit that took flight and soared beyond the maritime boundary disputes and secured ac- dent Harry Truman integrated all branches of sky. My condolences go out to his wife, chil- cess for United States fishermen to tuna the armed forces in 1948. dren and grandchild. The people of North stocks wherever they migrated beyond the Lt. Col. McCreary entered the Civilian Pilot Texas were blessed that he chose to walk and coastal waters of Pacific Island nations. To Training Program in 1941 and flew a Waco bi- work amongst us. provide such access, multi-year fishing agree- plane. He joined the Tuskegee program as a

VerDate Sep 11 2014 04:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.035 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 1, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E85 cadet the next year. He earned his military At the age of 15, Mrs. Neidig moved back COACH JOSEPH—COACH OF THE wings after nine months of training, in March to Mexico where she pursued her passion for YEAR 1943 as a second lieutenant. In his 89 mis- education. She taught elementary and middle sions as a fighter pilot and as part of the school students, and played a critical role in HON. PETE OLSON 100th Fighter Squadron, 332nd Fighter Group having a high school built in Jojutla. She was OF TEXAS he flew over France, Germany, Italy, Austria, the only bilingual teacher and referred to, by IN THE HOUSE OF REPRESENTATIVES Romania, Greece, Hungary, and Yugoslavia. both students and parents, as ‘‘La Teacher’’. It It was in 1944 during a strafing mission over is the hard work Mrs. Neidig embodies daily Monday, February 1, 2016 Lake Balaton in Romania that he took flak that makes America exceptional. She has Mr. OLSON. Mr. Speaker, I rise today to from German anti-aircraft artillery, ultimately shown true leadership in her profession and congratulate Katy High School’s head football parachuting to the ground before being turned community. coach, Gary Joseph, for being named over by local farmers to the German military. Mrs. Neidig went on to marry Edward Wil- MaxPreps National Football Coach of the He was transferred to Stalag Luft III, a pris- liam Neidig and had two sons, Andres and Year. oner of war camp specifically designated for David. She left Jojutla in 1962 for Colorado, Gary Joseph has been with Katy High airmen. He was liberated from the camp along where she still lives. On behalf of the 4th Con- School for 34 years, 22 of those years as as- with all other prisoners in May 1945. gressional District of Colorado, I extend my sistant head coach and defensive coordinator Lt. Col. McCreary returned home from his best wishes to Mrs. Neidig as she celebrates and the last 12 as head coach. Coach Joseph time as a prisoner of war in Germany and her birthday. started his coaching career at Luling High continued his service within the armed forces Mr. Speaker, it is an honor to recognize School, where he coached the Luling football for nearly two more decades. His commitment Mrs. Neidig. program to its first district championship in and the historic contributions of the Tuskegee over 20 years. This season, he led Katy to Airmen in the face of institutionalized discrimi- f 16–0 and its eighth state championship. nation were recognized in 2007 with the Con- Coach Joseph’s career record stands at 168– gressional Gold Medal. IN MEMORIAM DON W. STRAUCH 14 with 11 district titles and four state titles Mr. Speaker, I ask that my colleagues join JR. APRIL 8, 1926—JANUARY 11, 2016 with the Katy Tigers. We are extremely proud me once more in recognizing the extraordinary of Coach Joseph and his team. contributions of Lt. Col. Walter McCreary. On behalf of the Twenty-Second Congres- f HON. KYRSTEN SINEMA sional District of Texas, congratulations again OF ARIZONA to Coach Gary Joseph for all of his success PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES and hard work. f HON. DANIEL WEBSTER Monday, February 1, 2016 HONORING THE WASKOM HIGH OF FLORIDA Ms. SINEMA. Mr. Speaker, I rise today to SCHOOL WILDCATS, 2015 3-A, DIV IN THE HOUSE OF REPRESENTATIVES remember Don W. Strauch Jr. (Mayor II TEXAS STATE FOOTBALL Monday, February 1, 2016 Strauch), Mayor of Mesa, AZ from 1980–1984, CHAMPIONS Mr. WEBSTER of Florida. Mr. Speaker, on Mesa City Council Member from 1972–1978 January 6, 2016, I was unavoidably detained. and Arizona State Representative from 1987– Had I been present, I would have voted as fol- 1988. In 2003, Mayor Strauch was inducted HON. LOUIE GOHMERT lows: into the Arizona Veterans Hall of Fame for his OF TEXAS On roll call no. 2, 3, 4 and 5, I would have service in the U.S. Army during World War II, IN THE HOUSE OF REPRESENTATIVES voted YES. his work with the American Legion, VFW, and Monday, February 1, 2016 his contributions as a civic leader. On January 7, 2016, I was unavoidably de- Mr. GOHMERT. Mr. Speaker, it is with great tained. Had I been present, I would have Mayor Strauch was instrumental in creating pride that I recognize today the great accom- voted as follows: the Mesa that we know today. He launched plishment of the Waskom Wildcats football On roll call no. 7, 8, 9, 10, 11, 13, 14, 15, the Mesa Sister Cities program and cham- team, a team which—for the second year in a 16, 17, 18 and 19, I would have voted NO. On pioned the proposed Mesa Arts Center; he row—has captured the title of Class 3A Divi- roll call no. 12 and 20, I would have voted broke down walls of discrimination and ad- sion II Texas State Football Champions. YES. vanced civil rights throughout Mesa and Ari- The Wildcats’ winning season culminated On January 8, 2016, I was unavoidably de- zona. His negotiations with McDonnell Doug- with their thirty-first consecutive win, a stellar tained. Had I been present, I would have las (now Boeing) convinced the company to streak they began during their 2014 champion- voted as follows: locate in Mesa. Mesa Fire and Medical is a ship season. Waskom ended this 2015 season On roll call no. 23, 24, 25, 26, 27, 28, 29, model of efficiency and innovation today be- undefeated with a perfect 16–0 record. 30, 31 and 32, I would have voted NO. On roll cause of the groundwork that Mayor Strauch The Waskom Wildcats were eager for a re- call no. 21, 22 and 33, I would have voted did during his time as mayor. He saw Mesa li- match with the only team to beat them in the YES. braries as a vital community asset and worked prior season, and began their run to the title On January 11, 2016, I was unavoidably de- to improve them. by toppling a talented team from Center with tained. Had I been present, I would have Mayor Strauch’s optimism, pragmatism and a 34–22 victory. Equally satisfying victories fol- voted as follows: sincere belief in the greatness of Mesa and its lowed, as the Wildcats pounced on teams On roll call no. 34 and 35, I would have citizens were always at the center of his work. voted YES. from all over east Texas in their quest to se- He had the strength to put partisan issues cure a spot in the championship. f aside and work with a diverse group of com- The state championship game found the RECOGNIZING MRS. ISABEL OPORT munity partners during an important time in Waskom Wildcats in a tangle with the Franklin NEIDIG Mesa’s growth. His humility and pragmatism Lions. The Wildcats rallied from an early def- are leadership examples that we can all learn icit to take the lead at halftime, then a drive to HON. KEN BUCK from in our work as Members of Congress. a second consecutive state championship with Mayor Strauch died on January 11, 2016 OF COLORADO a decisive 33–21 final score. after complications from a fall. He leaves be- The life lessons learned about teamwork IN THE HOUSE OF REPRESENTATIVES hind his beloved wife Chris, his partner in all and discipline will no doubt improve every par- Monday, February 1, 2016 things for over 66 years, his daughter Christy ticipant in immeasurable ways. Mr. BUCK. Mr. Speaker, I rise today to rec- and a large and loving family. Members, My heartfelt congratulations are extended to ognize Mrs. Isabel Oport Neidig. On February please join me in extending condolences to Athletic Director and Head Football Coach 5, Mrs. Neidig will celebrate her 100th birth- Mayor Strauch’s family and the City of Mesa Whitney Keeling and his staff including Coach- day. on the inconsolable loss of this extraordinary es Jeremy Kubiak, Greg Pearson, Gary Wil- Born in Morelia, Mrs. Neidig saw the height man. Mayor Strauch will be dearly missed and son, Jeff Lyles, Vencent Lee, David of the Mexican Revolution. Her parents chose fondly remembered by everyone whose life Higginbotham, Matt Goode, Justin Watson, to leave Mexico shortly after her birth and was made better because of his selfless con- Frank Crisp, Joe Williams, and Lorenza Thom- moved to the United States. tributions. as; also, Managers Isaac Irving, Cameron

VerDate Sep 11 2014 04:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.039 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E86 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2016 Williamson, Trey Jones, Zach Grubbs, Taylor seven years have elapsed since an offender FORT BEND PROMISE CEMENTS Minatrea, Lamontre Stephens, and Athletic has completed their sentence, expungement ITS COMMITMENT Trainer Matt Dyson. would be automatically granted. However, sex The players themselves who prepared dili- offenders and those who commit crimes caus- HON. PETE OLSON gently enduring through strains, pains, and ing a loss of over $25,000 would not be eligi- OF TEXAS grueling practices and emerged again as ble for automatic expungement. IN THE HOUSE OF REPRESENTATIVES champions included Tramaine Butler, Keileon Finally, the bill would also encourage states Monday, February 1, 2016 Johnson, Tay Green, Jaire Jackson, Pedro to pass their own expungement laws for state Rodriguez, Keylon Johnson, Kaleb Haynes, offenses. States that pass a substantially simi- Mr. OLSON. Mr. Speaker, I rise to congratu- Eric Stephens III, Kevy Luster, Lucas Norton, lar law would receive a 5 percent increase in late the Fort Bend Promise Center on building Logan Hughes, Dylan Harkrider, Jason Jinks, their Byrne funding while those that do not a new and impressive 4,000-square-foot facil- Chan Amie, Latavius Stephens, TK Hamilton, would lose 5 percent of their Byrne funds. ity to serve the homeless. Mike Reason, Jacob Reeves, Tramel Butler, When the Fort Bend program opened 10 It is one thing to convict someone of a non- Chris Pacheco, Kyle Mcinnis, Chris Stafford, years ago, it was originally located at the New violent crime. It is quite another to condemn Victor Tapia, Bryan Holland, Vicente Segura, Hope Lutheran Church. Now, their newly him to a de facto life sentence for it. Dalton Adams, Brighton Harris, Morgan opened, community-funded center is a place Browning, Bradley Cochran, Dylan Powell, I urge my colleagues to support this bill. where families can come fulfill day to day ac- Logan O’Connor, Christian Smith, Xzavian tivities and utilize available programs including Russell, Jack Smith, Josh Mauldin, Ashton f counseling and support. In the last five years Thulen, Jacob Bennett, Rowdy Martin, Cody alone, the Fort Bend program has helped 194 COMMEMORATING THE 2016 NA- Kyker, Kevin Sanford, Raymond Ramirez, families in our community. Our community is TIONAL CATHOLIC SCHOOLS Jacob Norris, Ty Carter, Hunter Johnson, Jay so thankful for all of the work the Fort Bend WEEK Reeves, Josh Cole, and K.T. Ceaser. Center is doing for our neighbors in need. The A team and its coaches cannot soar to the compassion and dedication expressed through heights of champions without the encourage- HON. DARIN LaHOOD Fort Bend Promise defines the compassion of ment and full support of the school itself start- all Texans. OF ILLINOIS ing at the top with Superintendent Jimmy E. On behalf of the Twenty-Second Congres- Cox and Principal Kassie Watson, to whom a IN THE HOUSE OF REPRESENTATIVES sional District of Texas, congratulations again debt of gratitude is also owed. Additional laud- Monday, February 1, 2016 to the Fort Bend Promise Center on their new atory acclaim and gratitude must also go to facility. Thank you for providing support to the the entire city of Waskom which once again Mr. LAHOOD. Mr. Speaker, today I recog- lives of so many families here in Fort Bend revealed itself to be a tight knit community of nize Catholic schools and parishes within Cen- County. undying support for the champion Wildcats. tral Illinois and across the country as we cele- f May God continue to bless these young brate National Catholic Schools Week. Paro- people, their families, friends and all those chial education holds a special place in Amer- TRIBUTE TO THOMAS ANTHONY who refer to Waskom as their home. It is a ican history as a long established alternative THOMAS tremendous honor to congratulate the 2015 for parents who desire a religious component State Champion Waskom Wildcats, as their to their child’s education. As part of this tradi- HON. KEN CALVERT legacy is now preserved in the United States tion, every year starting on the last Sunday of OF CALIFORNIA Congressional Record which will endure as January, Catholic schools all across the nation IN THE HOUSE OF REPRESENTATIVES long as there is a United States of America. celebrate Catholic Schools Week. Monday, February 1, 2016 f There are 6,568 Catholic schools in the Mr. CALVERT. Mr. Speaker, I rise today to United States including both elementary and INTRODUCTION OF THE FRESH honor and pay tribute to an individual whose secondary schools that serve urban, suburban START ACT dedication and contributions to the community and rural communities. Catholic school grad- of Lake Elsinore, California are exceptional. uation rates are over 99 percent and of those On Saturday, January 23, 2016, Tom Thomas HON. STEVE COHEN graduating students, 85.7 percent attend col- received the Citizen of the Year award from OF TENNESSEE lege. My home state of Illinois is one of the the Lake Elsinore Chamber of Commerce. IN THE HOUSE OF REPRESENTATIVES top ten states in the country with the highest Tom was born and raised just over the enrollment in Catholic schools and my district Monday, February 1, 2016 Cleveland National Forest in Orange County, is home to 28 Catholic schools that will be Mr. COHEN. Mr. Speaker, I rise today in where he graduated from Newport Harbor participating in activities throughout the week. support of the Fresh Start Act, a bill I reintro- High School. After high school, Tom earned duced earlier today. I myself am a proud graduate of Catholic his Associate Degree from Orange Coast Col- If enacted, it would allow certain individuals grade school, high school, and college and the lege and then attended Cal-State Fullerton be- who have been convicted of nonviolent of- religious values I learned through my Catholic fore he became interested in working at the fenses, have paid their debt to society, and education have stayed with me throughout my TV studios of Newport Cablevision. That job are now law-abiding members of the commu- life. Additionally, my wife and I and our three was the start of a lifelong attraction to the nity to petition courts to have their nonviolent sons are current parishioners at St. Vincent de cable television business and a career that conviction expunged from their records. Paul parish in Peoria and our boys attend would take Tom to Alaska, New York and all A criminal record, even for a minor, non- school there. I am so thankful for my edu- around the country. Tom eventually planted violent offense, can pose a barrier to employ- cation and that America is a country where his roots in Lake Elsinore and ended up living ment, education and housing opportunities— families have the freedom and choice to send at the ‘‘ranch’’ on the Ortega’s along with his the very things necessary to start one’s life their children to a Catholic or other parochial wife, Dee. Tom and Dee have been married over. school. for 33 years and their adult son, Matt, cur- This is not only bad for rehabilitated offend- This year’s theme for Catholic Schools rently resides in Sacramento. ers, it is bad for their families and for the com- Week is ‘‘Catholic Schools: Communities of In Lake Elsinore, Tom dedicated himself to munity in which they live. Faith, Knowledge and Service.’’ Students, the community by serving multiple years on The Fresh Start Act would give nonviolent teachers, parishioners, and clergy from across the Lake Elsinore Valley Chamber of Com- offenders a chance to start over again, a America will celebrate together as a commu- merce Board, including two terms as Presi- chance to become productive members of so- nity, recognizing God’s mission through the dent, as well as almost 15 years with the Lake ciety. pillars of faith, knowledge and service, as well Elsinore Rotary Club, where he also served The bill allows offenders to apply for as promoting the Church’s values of volun- twice as President. Tom has served on the expungement to the court where they were teering, vocations and family. During National Lake Elsinore Unified School District Board of sentenced and allows the United States Attor- Catholic Schools Week, I am pleased to high- Trustees since 2004 and as Executive Director ney for that District to submit recommenda- light the Catholic educational system and look of Cops for Kids at the Lake Elsinore Sheriff’s tions to the court. Applicants who are denied forward to many more years of continued suc- station. In recognition of his selfless service to could reapply once every two years. Once cess and celebration. his community, Tom has been recognized with

VerDate Sep 11 2014 04:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K01FE8.014 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 1, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E87 many awards, including the Lake Elsinore Val- Mr. Speaker, I am honored to have the op- BIG TIME GROWTH FOR HOUSTON ley Chamber of Commerce John Packman portunity to celebrate the work of my friend MARINERS Memorial Award Winner in 1988, and being Stephen J. Pringle. His passion and commit- named the Boy Scouts Distinguished Citizen ment to the farmers and ranchers of Texas will HON. PETE OLSON in 2007. long be remembered and I congratulate him OF TEXAS In light of all that Tom Thomas has done for on his retirement. IN THE HOUSE OF REPRESENTATIVES the community of Lake Elsinore, Riverside County and the Lake Elsinore Chamber of f Monday, February 1, 2016 Commerce, it is only fitting to name him as Mr. OLSON. Mr. Speaker, I rise today to NEEDVILLE HIGH SCHOOL FFA Citizen of the Year. Through his involvement congratulate San Jacinto College for their suc- WINS BIG and dedication, Tom has contributed im- cess in opening a new 45,000 square-foot mensely to the betterment of our community. maritime training center. On behalf of the 42nd Congressional District, HON. PETE OLSON San Jacinto College sits next to the Port of I want to express my appreciation and pride in OF TEXAS Houston, which gives students prime oppor- Tom on this special occasion. I add my voice IN THE HOUSE OF REPRESENTATIVES tunity to further their maritime career through to the many who paid tribute to Tom for re- Monday, February 1, 2016 interaction with community and industry part- ceiving the Citizen of the Year award from the ners. With its history dating back to the 1960s, Lake Elsinore Chamber of Commerce. Mr. OLSON. Mr. Speaker, I rise today to San Jacinto College is now home to almost f congratulate Needville High School’s Future 30,000 students across 3 campuses and 12 Farmers of America (FFA) livestock judging RECOGNIZING STEPHEN J. extension centers. The new maritime training team who recently won Reserve Grand Na- PRINGLE center is an excellent addition to their already tional Champion at the Western National successful campuses. This new facility con- Roundup in Denver. tains three ship simulators, an engineering HON. HENRY CUELLAR The team, comprised of Kutter Korczynski, room with hydraulics, a swimming pool, and OF TEXAS Myles Hackstedt, Craig Todd and Ty Thomas, much more. San Jacinto College is a great IN THE HOUSE OF REPRESENTATIVES competed against other teams from around place for students to grow and to develop crit- Monday, February 1, 2016 the country in the livestock judging contest. ical education and workforce skills. We’re Mr. CUELLAR. Mr. Speaker, I rise today to The teammates evaluated and ranked 40 dif- proud of the many opportunities it offers to recognize the retirement of Stephen J. Pringle, ferent animals in 10 classes. After evaluating students in the Houston area. Associate Director of Government Affairs for the livestock, the team had to prepare a series On behalf of the Twenty-Second Congres- Texas Farm Bureau. of speeches to explain their evaluations. This sional District of Texas, congratulations to San Mr. Pringle was born on the 5th of May, is a great victory for their agriculture science Jacinto College for their new training center. 1949 in Marlin, Texas. He was raised in Hill teacher, Michael Poe, and the rest of the Blue We can’t wait to see what happens next. County where he attended Hubbard High Jay community. We are excited to see them f School. He then received his Bachelor’s de- represent Texas at the world competition in gree in Business Administration from Texas Scotland. PERSONAL EXPLANATION A&M University and upon graduation, served On behalf of the residents of the Twenty- as a 1st Lieutenant in the U.S. Army at the Second Congressional District of Texas, con- HON. ZOE LOFGREN Explosive Ordinance Disposal Depot in Indian gratulations again to the Needville High live- OF CALIFORNIA Head, Maryland. stock judging team. They have made the com- IN THE HOUSE OF REPRESENTATIVES Mr. Pringle’s passion for agriculture began munity proud. in 1973, when he served as a staff member to Monday, February 1, 2016 the United States House Committee on Agri- f Ms. LOFGREN. Mr. Speaker, on January culture. While working for the committee he 13, 2016, I was unavoidably detained and THE NEED TO TAKE ACTION TO had the honor of attending the World Food missed the vote on the Iran Terror Finance ENSURE THAT ASSETS OF NA- Conference in Rome and was present on the Transparency Act (H.R. 3662). Had I been TIONAL BANKS IN CIS COUN- House floor during the swearing in of Vice- present for the vote, roll call vote number 44, TRIES ARE NOT USED TO BEN- President, Gerald Ford. After leaving the com- I would have voted no. EFIT TERRORIST ORGANIZA- mittee, Mr. Pringle worked as an assistant to TIONS f the President of Texas A&M, served as State Executive Director of the Agricultural Stabiliza- NATURALLY BECK BUILDS TO tion and Conservation Service, and worked at HON. SHEILA JACKSON LEE SUCCESS the International Association of Drilling Con- OF TEXAS tractors in Houston. IN THE HOUSE OF REPRESENTATIVES HON. PETE OLSON From there, Mr. Pringle went on to spend 26 Monday, February 1, 2016 OF TEXAS years at the Texas Farm Bureau where he IN THE HOUSE OF REPRESENTATIVES worked tirelessly to support and protect the Ms. JACKSON LEE. Mr. Speaker, I rise Monday, February 1, 2016 livelihoods of Texas’ many farmers and ranch- today to express my concerns about the bank- ers. Mr. Pringle also built lasting relationships ing industry in former CIS countries involving Mr. OLSON. Mr. Speaker, I rise today to with countless members of Congress and the a bank in Latvia, ABLV. I have learned that congratulate the Beck Junior High Robotics Texas Legislature during his tenure at the ABLV was found to have not engaged in any team, Naturally Beck, for winning the Katy Texas Farm Bureau and it was a privilege to activity regarding the Government of Moldova Qualifier Robotics Tournament. This achieve- work with him. and/or activities related to the misappropriation ment allowed them to advance to the For In- Over the course of his career, he has also of government funds and that there has been spiration and Recognition of Science and been involved in his local community. He a thorough investigation of this matter and Technology (FIRST) LEGO League Cham- served as President of his local Texas A&M ABLV was not implicated in any wrongdoing pionship in Stafford, Texas. Alumni Association, President and Board with regard to this or any other matter in Naturally Beck, won the first place cham- Member of the Waco Camp Fire Organization, Moldova. pionship for the second year in a row, defeat- served on the original Waco Education Asso- In Moldova more than $1 billion was stolen ing 23 other teams from all over Houston at ciation, and has been active in the Govern- from the Moldovan national treasury and a the Katy tournament. The Naturally Beck team ment Relations Council for the Houston Cham- large portion of that money appears to have consists of five members and two mentors for ber of Commerce. ended up in EU banks in Latvia. the 2015–2016 roster. Students competing at In addition to his many accomplishments, I still call upon the Administration and the the FIRST LEGO League really put their engi- Mr. Pringle is a proud husband and father. He Congress to investigate whether assets of the neering skills to the test by using LEGO has been happily married to his wife Linda for other national banks of countries of the former Mindstorms NXT technologies to craft the per- forty years and their daughter, Lara, has Soviet Union are not being plundered and fect robot for research purposes. This year, grown up to be a successful attorney in Hous- used, knowingly or unknowingly, to benefit ter- Naturally Beck’s research project consisted of ton, Texas. rorist organizations. an inventive solution to address the way the

VerDate Sep 11 2014 04:58 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.047 E01FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E88 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2016 community handles its trash. Congratulations 2:15 p.m. FEBRUARY 8 to all of Naturally Beck’s team members and Committee on Indian Affairs 4 p.m. mentors for their victory. We are proud of the Business meeting to consider S. 1125, to Committee on Foreign Relations hard work they have accomplished and wish authorize and implement the water To receive a closed briefing on the way them luck in the future competitions. rights compact among the Blackfeet forward in Syria and Iraq. On behalf of the Twenty-Second Congres- Tribe of the Blackfeet Indian Reserva- SVC–217 tion, the State of Montana, and the sional District of Texas, congratulations again United States, and S. 1983, to authorize FEBRUARY 9 to the Beck Jr. High team for advancing to the the Pechanga Band of Luiseno Mission 2:30 p.m. FIRST LEGO League Championship. Indians Water Rights Settlement; to be Committee on Armed Services f immediately followed by an oversight Subcommittee on Strategic Forces hearing to examine the substandard SENATE COMMITTEE MEETINGS To hold hearings to examine Department quality of Indian health care in the of Defense nuclear acquisition pro- Title IV of Senate Resolution 4, Great Plains. grams and the nuclear doctrine in re- agreed to by the Senate of February 4, SH–216 view of the defense authorization re- 1977, calls for establishment of a sys- 2:30 p.m. quest for fiscal year 2017 and the Fu- tem for a computerized schedule of all Committee on Armed Services ture Years Defense Program. meetings and hearings of Senate com- Subcommittee on Emerging Threats and SR–232A Capabilities mittees, subcommittees, joint commit- FEBRUARY 11 tees, and committees of conference. To hold closed hearings to examine counterterrorism strategy, focusing on 9:30 a.m. This title requires all such committees understanding ISIL. Committee on Armed Services to notify the Office of the Senate Daily SVC–217 To hold hearings to examine the Na- Digest—designated by the Rules Com- tional Commission on the Future of mittee—of the time, place and purpose FEBRUARY 4 the United States Army in review of of the meetings, when scheduled and 10 a.m. the Defense Authorization Request for any cancellations or changes in the Committee on Armed Services Fiscal Year 2017 and the Future Years meetings as they occur. To hold hearings to examine the situa- Defense Program. As an additional procedure along tion in Afghanistan. SD–G50 with the computerization of this infor- SD–G50 FEBRUARY 23 mation, the Office of the Senate Daily Committee on Finance 10 a.m. Digest will prepare this information for To hold hearings to examine the nomina- Committee on Energy and Natural Re- printing in the Extensions of Remarks tions of Mary Katherine Wakefield, of North Dakota, to be Deputy Secretary sources section of the CONGRESSIONAL RECORD To hold hearings to examine the Presi- on Monday and Wednesday of each of Health and Human Services, Andrew LaMont Eanes, of Kansas, to be Deputy dent’s proposed budget request for fis- week. cal year 2017 for the Department of the Meetings scheduled for Tuesday, Feb- Commissioner of Social Security for the term expiring January 19, 2019, and Interior. ruary 2, 2016 may be found in the Daily Elizabeth Ann Copeland, of Texas, and SD–366 Digest of today’s RECORD. Vik Edwin Stoll, of Missouri, both to MARCH 3 MEETINGS SCHEDULED be a Judge of the United States Tax 10 a.m. Court for a term of fifteen years. FEBRUARY 3 Committee on Banking, Housing, and SD–215 Urban Affairs 9:30 a.m. Committee on Homeland Security and Subcommittee on Securities, Insurance, Committee on Armed Services Governmental Affairs and Investment To hold hearings to examine an inde- To hold hearings to examine the nomina- To hold hearings to examine regulatory pendent perspective of United States tion of Beth F. Cobert, of California, to defense policy in the Asia-Pacific re- be Director of the Office of Personnel reforms to improve equity market gion. Management for a term of four years. structure. SD–G50 SD–342 SD–538 Committee on Environment and Public 10:30 a.m. Committee on Energy and Natural Re- Works Committee on Commerce, Science, and sources To hold hearings to examine the Stream Transportation To hold hearings to examine the Presi- Protection Rule, focusing on impacts Subcommittee on Communications, Tech- dent’s proposed budget request for fis- on the environment and implications cal year 2017 for the Department of En- for Endangered Species Act and Clean nology, Innovation, and the Internet ergy. Water Act implementation. To hold hearings to examine ensuring SD–366 SD–406 intermodal Universal Service Fund 10 a.m. support for rural America. MARCH 8 SR–253 Committee on the Budget 10 a.m. Committee on the Judiciary To hold hearings to examine spending on Committee on Energy and Natural Re- Business meeting to consider S. 247, to unauthorized programs. sources SD–608 amend section 349 of the Immigration and Nationality Act to deem specified To hold hearings to examine the Presi- Committee on Foreign Relations dent’s proposed budget request for fis- To hold hearings to examine strains on activities in support of terrorism as re- cal year 2017 for the Forest Service. the European Union, focusing on impli- nunciation of United States nation- SD–366 cations for American foreign policy. ality, S. 483, to improve enforcement SD–419 efforts related to prescription drug di- Committee on Homeland Security and version and abuse, and S. 524, to au- POSTPONEMENTS Governmental Affairs thorize the Attorney General to award grants to address the national To hold hearings to examine Canada’s FEBRUARY 4 fast-track refugee plan, focusing on im- epidemics of prescription opioid abuse plications for United States national and heroin use. 10 a.m. security. SD–226 Committee on Energy and Natural Re- SD–342 2:30 p.m. sources Committee on the Judiciary Select Committee on Intelligence To hold hearings to examine energy-re- To hold hearings to examine the need for To hold closed hearings to examine cer- lated trends in advanced manufac- transparency in the asbestos trusts. tain intelligence matters. turing and workforce development. SD–226 SH–219 SD–366

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate Murkowski (for Udall/Heinrich) Amendment No. Chamber Action 3137 (to Amendment No. 2953), to modify a provi- Routine Proceedings, pages S405–S452. sion relating to a Secretarial order. Page S420 Measures Introduced: Four bills were introduced, Murkowski (for Flake) Modified Amendment No. as follows: S. 2474–2477. Page S424 3056 (to Amendment No. 2953), to include other Measures Passed: Federal departments and agencies in an evaluation of potentially duplicative green building programs. Honoring the Memory of Anita Ashok Datar: Pages S420–421 Senate agreed to S. Res. 347, honoring the memory Pending: and legacy of Anita Ashok Datar and condemning Murkowski Amendment No. 2953, in the nature the terrorist attack in Bamako, Mali, on November of a substitute. Page S405 20, 2015. Page S450 Murkowski (for Cassidy/Markey) Amendment No. Measures Considered: 2954 (to Amendment No. 2953), to provide for cer- Energy Policy Modernization Act—Agreement: tain increases in, and limitations on, the drawdown Senate resumed consideration of S. 2012, to provide and sales of the Strategic Petroleum Reserve. for the modernization of the energy policy of the Page S405 United States, and taking action on the following Murkowski Amendment No. 2963 (to Amend- amendments proposed thereto: Pagse S405–421 ment No. 2953), to modify a provision relating to Adopted: bulk-power system reliability impact statements. Murkowski (for Gardner) Amendment No. 2970 Page S405 (to Amendment No. 2953), to modify a provision A unanimous-consent agreement was reached pro- relating to energy management requirements. viding that it be in order to call up Lee Amendment Page S420 No. 3023 (to Amendment No. 2953), and Franken Murkowski (for Reed/Heller) Amendment No. Amendment No. 3115 (to Amendment No. 2953); 2989 (to Amendment No. 2953), to ensure that and at 2:30 p.m., on Tuesday, February 2, 2016, funds for research and development of electric grid Senate vote on or in relation to Lee Amendment No. energy storage are used efficiently. Page S420 3023 (to Amendment No. 2953), and Franken Murkowski (for Inhofe) Amendment No. 2991 (to Amendment No. 3115 (to Amendment No. 2953), Amendment No. 2953), to modify provisions relat- in the order listed, with no second-degree amend- ing to brownfields grants. Page S420 ments in order prior to the votes, and a 60 vote af- Murkowski (for Daines) Amendment No. 3119 (to firmative threshold required for adoption; and that Amendment No. 2953), to require that the 21st the time between 2:15 p.m. and 2:30 p.m., be Century Energy Workforce Advisory Board member- equally divided in the usual form, and that there be ship also represent cybersecurity. Page S420 two minutes of debate, equally divided prior to each Murkowski (for Murphy) Amendment No. 3019 (to Amendment No. 2953), to promote the use of vote. Pages S419–420 A unanimous-consent agreement was reached pro- reclaimed refrigerants in Federal facilities. Page S420 Murkowski (for Hirono) Amendment No. 3066 viding for further consideration of the bill at ap- (to Amendment No. 2953), to modify a provision proximately 11 a.m., on Tuesday, February 2, 2016. relating to the energy workforce pilot grant pro- Page S450 gram. Page S420 D76

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Message from the President: Senate received the John Morton, of Massachusetts, to be Executive following message from the President of the United Vice President of the Overseas Private Investment States: Corporation, which was sent to the Senate on June Transmitting, pursuant to law, an Agreement on 16, 2015. Page S452 Social Security between the United States and Hun- gary, consisting of a principal agreement and an ad- Additional Cosponsors: Pages S424–426 ministrative agreement; which was referred to the Additional Statements: Pages S423–424 Committee on Finance. (PM–38) Page S424 Amendments Submitted: Pages S426–427 Nomination Confirmed: Senate confirmed the fol- Privileges of the Floor: Page S450 lowing nomination: Ricardo A. Aguilera, of Virginia, to be an Assist- Adjournment: Senate convened at 3 p.m. and ad- ant Secretary of the Air Force. Page S452 journed at 6:41 p.m., until 10 a.m. on Tuesday, February 2, 2016. (For Senate’s program, see the re- Nominations Received: Senate received the fol- marks of the Acting Majority Leader in today’s lowing nominations: R. David Harden, of Maryland, to be an Assistant Record on page S450.) Administrator of the United States Agency for Inter- national Development. Routine lists in the Army and Marine Corps. Committee Meetings Pages S450, S452 (Committees not listed did not meet) Nomination Withdrawn: Senate received notifica- tion of withdrawal of the following nomination: No committee meetings were held. h House of Representatives H.R. 2209, to require the appropriate Federal Chamber Action banking agencies to treat certain municipal obliga- Public Bills and Resolutions Introduced: 27 pub- tions as level 2A liquid assets, and for other purposes lic bills, H.R. 4398–4424; and 2 resolutions, H. (H. Rept. 114–407); Con. Res. 109; and H. Res. 593, were introduced. H.R. 3784, to amend the Securities Exchange Act Pages H430–31 of 1934 to establish an Office of the Advocate for Additional Cosponsors: Pages H432–34 Small Business Capital Formation and a Small Busi- ness Capital Formation Advisory Committee, and for Reports Filed: Reports were filed today as follows: other purposes, with an amendment (H. Rept. H.R. 3382, to amend the Lake Tahoe Restoration 114–408); Act to enhance recreational opportunities, environ- H.R. 4168, to amend the Small Business Invest- mental restoration activities, and forest management ment Incentive Act of 1980 to require an annual re- activities in the Lake Tahoe Basin, and for other pur- view by the Securities and Exchange Commission of poses, with an amendment (H. Rept. 114–404, Part the annual government-business forum on capital 1); formation that is held pursuant to such Act (H. H.R. 677, to amend title 38, United States Code, Rept. 114–409); to provide for annual cost-of-living adjustments to H.R. 1670, to direct the Architect of the Capitol be made automatically by law each year in the rates to place in the United States Capitol a chair hon- of disability compensation for veterans with service- oring American Prisoners of War/Missing in Action connected disabilities and the rates of dependency (H. Rept. 114–410); and and indemnity compensation for survivors of certain service-connected disabled veterans, with an amend- H. Res. 594, providing for consideration of the ment (H. Rept. 114–405); bill (H.R. 3700) to provide housing opportunities in the United States through modernization of various H.R. 2187, to direct the Securities and Exchange housing programs, and for other purposes (H. Rept. Commission to revise its regulations regarding the 114–411). Page H430 qualifications of natural persons as accredited inves- tors, with an amendment (H. Rept. 114–406);

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Speaker: Read a letter from the Speaker wherein he with the Trafficking Victims Protection Act of appointed Representative Emmer (MN) to act as 2000; Pages H394–396 Speaker pro tempore for today. Page H377 Electrify Africa Act: S. 2152, to establish a com- Recess: The House recessed at 12:01 p.m. and re- prehensive United States Government policy to en- convened at 2 p.m. Page H377 courage the efforts of countries in sub-Saharan Africa Recess: The House recessed at 2:04 p.m. and recon- to develop an appropriate mix of power solutions, in- cluding renewable energy, for more broadly distrib- vened at 3:14 p.m. Pages H377–378 uted electricity access in order to support poverty re- Suspensions: The House agreed to suspend the rules duction, promote development outcomes, and drive and pass the following measures: economic growth; and Pages H396–H400 Fair Investment Opportunities for Professional Coast Guard Authorization Act: Concur in the Experts Act: H.R. 2187, amended, to direct the Se- Senate amendment to H.R. 4188, to authorize ap- curities and Exchange Commission to revise its regu- propriations for the Coast Guard for fiscal years lations regarding the qualifications of natural persons 2016 and 2017. Pages H402–420 as accredited investors, by a 2/3 yea-and-nay vote of Recess: The House recessed at 5:24 p.m. and recon- 347 yeas to 8 nays, Roll No. 46; vened at 6:29 p.m. Page H401 Pages H378–379, H401 Presidential Message: Read a message from the SEC Small Business Advocate Act: H.R. 3784, President wherein he transmitted an Agreement on amended, to amend the Securities Exchange Act of Social Security between the United States of America 1934 to establish an Office of the Advocate for and Hungary?referred to the Committee on Ways Small Business Capital Formation and a Small Busi- and Means and ordered to be printed (H. Doc. ness Capital Formation Advisory Committee; 114–95). Page H400 Pages H379–382 Quorum Calls—Votes: Two yea-and-nay votes de- Small Business Capital Formation Enhance- veloped during the proceedings of today and appear ment Act: H.R. 4168, to amend the Small Business on pages H401 and H402. There were no quorum Investment Incentive Act of 1980 to require an an- calls. nual review by the Securities and Exchange Commis- Adjournment: The House met at 12 noon and ad- sion of the annual government-business forum on journed at 8:27 p.m. capital formation that is held pursuant to such Act, by a 2/3 yea-and-nay vote of 390 yeas to 1 nay, Roll No. 47; Pages H382–384, H402 Committee Meetings Requiring the appropriate Federal banking HOUSING OPPORTUNITY THROUGH agencies to treat certain municipal obligations as MODERNIZATION ACT OF 2015 level 2A liquid assets: H.R. 2209, to require the Committee on Rules: Full Committee held a hearing on appropriate Federal banking agencies to treat certain H.R. 3700, the ‘‘Housing Opportunity Through municipal obligations as level 2A liquid assets; Modernization Act of 2015’’. The committee grant- Pages H384–387 ed, by voice vote, a structured rule for H.R. 3700. International Megan’s Law to Prevent Demand The rule provides one hour of general debate equally for Child Sex Trafficking: Concur in the Senate divided and controlled by the chair and ranking mi- amendments to H.R. 515, to protect children from nority member of the Committee on Financial Serv- exploitation, especially sex trafficking in tourism, by ices. The rule waives all points of order against con- providing advance notice of intended travel by reg- sideration of the bill. The rule makes in order as original text for the purpose of amendment an istered child-sex offenders outside the United States amendment in the nature of a substitute consisting to the government of the country of destination, and of the text of Rules Committee Print 114–42 and requesting foreign governments to notify the United provides that it shall be considered as read. The rule States when a known child-sex offender is seeking to waives all points of order against that amendment in enter the United States; Pages H387–394 the nature of a substitute. The rule makes in order Trafficking Prevention in Foreign Affairs Con- only those further amendments printed in the Rules tracting Act: H.R. 400, amended, to require the Committee report. Each such amendment may be of- Secretary of State and the Administrator of the fered only in the order printed in the report, may United States Agency for International Development be offered only by a Member designated in the re- to submit reports on definitions of placement and re- port, shall be considered as read, shall be debatable cruitment fees for purposes of enabling compliance for the time specified in the report equally divided

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Testimony was heard from Representatives Luetke- Subcommittee on Biotechnology, Horticulture and Re- meyer and Maxine Waters of California. search, hearing entitled ‘‘Opportunities and Challenges in Direct Marketing—A View from the Field’’, 10 a.m., BUSINESS MEETING 1300 Longworth. Permanent Select Committee on Intelligence: Full Com- Committee on Armed Services, Full Committee, hearing mittee held a business meeting on Budget Views entitled ‘‘Afghanistan in 2016: The Evolving Security Sit- and Estimates. The Budget Views and Estimates uation and U.S. Policy, Strategy, and Posture’’, 10 a.m., 2118 Rayburn. passed. Committee on Education and the Workforce, Full Com- mittee, markup on H.R. 4293, the ‘‘Affordable Retire- Joint Meetings ment Advice Protection Act’’; and H.R. 4294, the No joint committee meetings were held. ‘‘Strengthening Access to Valuable Education and Retire- ment Support Act of 2015’’, 10 a.m., HVC–210. f Committee on Energy and Commerce, Subcommittee on En- ergy and Power, hearing entitled ‘‘Legislative Hearing on NEW PUBLIC LAWS Eight Energy Infrastructure Bills’’, 10 a.m., 2123 Ray- (For last listing of Public Laws, see DAILY DIGEST, p. D25) burn. S. 142, to require special packaging for liquid nic- Subcommittee on Communications and Technology, otine containers. Signed on January 28, 2016. (Pub- hearing entitled ‘‘Status of the Public Safety Broadband lic Law 114–116) Network’’, 10:15 a.m., 2322 Rayburn. Committee on Financial Services, Full Committee, business S. 1115, to close out expired grants. Signed on meeting on Committee’s views and estimates on the January 28, 2016. (Public Law 114–117) budget, 10 a.m., 2128 Rayburn. S. 1629, to revise certain authorities of the Dis- Subcommittee on Oversight and Investigations, hearing trict of Columbia courts, the Court Services and Of- entitled ‘‘Unsustainable Federal Spending and the Debt fender Supervision Agency for the District of Colum- Limit’’, 2 p.m., 2128 Rayburn. bia, and the Public Defender Service for the District Committee on Homeland Security, Full Committee, mark- of Columbia. Signed on January 28, 2016. (Public up on the ‘‘National Strategy to Combat Terrorist Travel Law 114–118) Act of 2016’’; ‘‘Counterterrorism Advisory Board Act of 2016’’; the ‘‘Enhancing Overseas Traveler Vetting Act’’; f the ‘‘Foreign Fighter Review Act of 2016’’; the ‘‘Ampli- COMMITTEE MEETINGS FOR TUESDAY, fying Local Efforts to Root out Terror Act of 2016’’; the FEBRUARY 2, 2016 ‘‘Terrorist and Foreign Fighter Travel Exercise Act of 2016’’; H.R. 4383, the ‘‘DHS Human Trafficking Pre- (Committee meetings are open unless otherwise indicated) vention Act of 2016’’; and the ‘‘DHS Acquisition Docu- Senate mentation Integrity Act of 2016’’, 2 p.m., 311 Cannon. Committee on the Judiciary, Full Committee, hearing en- Committee on Armed Services: to hold hearings to examine titled ‘‘FISA Amendments Act’’, 10 a.m., 2141 Rayburn. the implementation of the decision to open all ground This hearing will be closed. combat units to women, 10 a.m., SD–G50. Subcommittee on Courts, Intellectual Property, and the Committee on Foreign Relations: to receive a closed brief- Internet, hearing on H.R. 1057, the ‘‘Promoting Auto- ing on Russia, the European Union, and American for- motive Repair, Trade, and Sales Act of 2015’’, 2 p.m., eign policy, 5 p.m., SVC–217. 2141 Rayburn. Committee on Homeland Security and Governmental Affairs: Committee on Natural Resources, Subcommittee on Water, to hold hearings to examine frontline response to ter- Power and Oceans, hearing on H.R. 3070, the ‘‘EEZ rorism in America, 10:15 a.m., SD–342. Clarification Act’’; and H.R. 4245, to exempt importa- Committee on the Judiciary: to hold hearings to examine tion and exportation of sea urchins and sea cucumbers the future of the EB–5 regional center program, 10 a.m., from licensing requirements under the Endangered Spe- SD–226. cies Act of 1973, 10 a.m., 1324 Longworth. Subcommittee on Antitrust, Competition Policy and Subcommittee on Indian, Insular and Alaska Native Consumer Rights, to hold hearings to examine occupa- Affairs, hearing entitled ‘‘The Need for the Establishment tional licensing and the state action doctrine, 2 p.m., of a Puerto Rico Financial Stability and Economic SD–226. Growth Authority’’, 11 a.m., 1334 Longworth. Select Committee on Intelligence: to hold closed hearings to Full Committee, markup on H.R. 482, the ‘‘Ocmulgee examine certain intelligence matters, 2:30 p.m., SH–219. Mounds National Historical Park Boundary Revision Act

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of 2015’’; H.R. 812, the ‘‘Indian Trust Asset Manage- Growth and Opportunity for All Americans’’, 10 a.m., ment Demonstration Project Act of 2015’’; H.R. 890, to 1100 Longworth. correct the boundaries of the John H. Chafee Coastal Bar- f rier Resources System Unit P16; H.R. 894, to extend the authorization of the Highlands Conservation Act; H.R. CONGRESSIONAL PROGRAM AHEAD 1296, to amend the San Luis Rey Indian Water Rights Settlement Act to clarify certain settlement terms, and for Week of February 2 through February 5, 2016 other purposes; H.R. 1475, the ‘‘Korean War Veterans Memorial Wall of Remembrance Act of 2015’’; H.R. Senate Chamber 1815, the ‘‘Eastern Nevada Land Implementation Im- provement Act’’; H.R. 2273, to amend the Colorado On Tuesday, Senate will continue consideration of River Storage Project Act to authorize the use of the ac- S. 2012, Energy Policy Modernization Act, with tive capacity of the Fontenelle Reservoir; H.R. 2538, the votes on or in relation to Lee Amendment No. 3032, ‘‘Lytton Rancheria Homelands Act of 2015’’; H.R. 2857, and Franken Amendment No. 3115, at 2:30 p.m. to facilitate the addition of park administration at the During the balance of the week, Senate may con- Coltsville National Historical Park, and for other pur- sider any cleared legislative and executive business. poses; H.R. 2880, the ‘‘Martin Luther King, Jr. National Historical Park Act of 2015’’; H.R. 3004, to amend the Senate Committees Gullah/Geechee Cultural Heritage Act to extend the au- thorization for the Gullah/Geechee Cultural Heritage Cor- (Committee meetings are open unless otherwise indicated) ridor Commission; H.R. 3036, the ‘‘National 9/11 Me- Committee on Armed Services: February 2, to hold hear- morial at the World Trade Center Act’’; H.R. 3079, to ings to examine the implementation of the decision to take certain Federal land located in Tuolumne County, open all ground combat units to women, 10 a.m., California, into trust for the benefit of the Tuolumne SD–G50. Band of Me-Wuk Indians, and for other purposes; H.R. February 3, Full Committee, to hold hearings to exam- 3371, the ‘‘Kennesaw Mountain National Battlefield Park ine an independent perspective of United States defense Boundary Adjustment Act of 2015’’; H.R. 3342, to pro- policy in the Asia-Pacific region, 9:30 a.m., SD–G50. vide for stability of title to certain lands in the State of February 3, Subcommittee on Emerging Threats and Louisiana, and for other purposes; H.R. 3620, to amend Capabilities, to hold closed hearings to examine counter- the Delaware Water Gap National Recreation Area Im- terrorism strategy, focusing on understanding ISIL, 2:30 provement Act to provide access to certain vehicles serv- p.m., SVC–217. ing residents of municipalities adjacent to the Delaware February 4, Full Committee, to hold hearings to exam- Water Gap National Recreation Area, and for other pur- ine the situation in Afghanistan, 10 a.m., SD–G50. poses; and H.R. 4119, to authorize the exchange of cer- Committee on the Budget: February 3, to hold hearings to tain land located in Gulf Islands National Seashore, Jack- examine spending on unauthorized programs, 10 a.m., son County, Mississippi, between the National Park Serv- SD–608. ice and the Veterans of Foreign Wars, and for other pur- Committee on Commerce, Science, and Transportation: Feb- poses, 4 p.m., 1324 Longworth. ruary 4, Subcommittee on Communications, Technology, Committee on Oversight and Government Reform, Full Com- Innovation, and the Internet, to hold hearings to examine mittee, hearing entitled ‘‘U.S. Department of Education: ensuring intermodal Universal Service Fund support for Investigation of the CIO’’, 10 a.m., 2154 Rayburn. rural America, 10:30 a.m., SR–253. Subcommittee on National Security, hearing entitled Committee on Environment and Public Works: February 3, ‘‘Seeking Justice for Victims of Palestinian Terrorism in to hold hearings to examine the Stream Protection Rule, Israel’’, 2 p.m., 2154 Rayburn. focusing on impacts on the environment and implications Committee on Rules, Full Committee, hearing on H.R. for Endangered Species Act and Clean Water Act imple- 766, the ‘‘Financial Institution Customer Protection Act mentation, 9:30 a.m., SD–406. of 2015; and H.R. 1675, ‘‘Encouraging Employee Owner- Committee on Finance: February 4, to hold hearings to ship Act of 2015’’, 3 p.m., H–313 Capitol. examine the nominations of Mary Katherine Wakefield, Committee on Science, Space, and Technology, Full Com- of North Dakota, to be Deputy Secretary of Health and mittee, hearing entitled ‘‘Paris Climate Promise: A Bad Human Services, Andrew LaMont Eanes, of Kansas, to be Deal for America’’, 10 a.m., 2318 Rayburn. Deputy Commissioner of Social Security for the term ex- Committee on Small Business, Subcommittee on Economic piring January 19, 2019, and Elizabeth Ann Copeland, of Growth, Tax and Capital Access, hearing entitled ‘‘SBA Texas, and Vik Edwin Stoll, of Missouri, both to be a Management Review: Oversight of SBA’s Entrepreneurial Judge of the United States Tax Court for a term of fifteen Development Offices’’, 11 a.m., 2360 Rayburn. years, 10 a.m., SD–215. Committee on Veterans’ Affairs, Subcommittee on Health, Committee on Foreign Relations: February 2, to receive a hearing entitled ‘‘Choice Consolidation: Evaluating Eligi- closed briefing on Russia, the European Union, and bility Requirements for Care in the Community’’, 10 American foreign policy, 5 p.m., SVC–217. a.m., 334 Cannon. February 3, Full Committee, to hold hearings to exam- Committee on Ways and Means, Full Committee, hearing ine strains on the European Union, focusing on implica- entitled ‘‘Reaching America’s Potential: Delivering tions for American foreign policy, 10 a.m., SD–419.

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Committee on Homeland Security and Governmental Affairs: February 3, Subcommittee on Emerging Threats and February 2, to hold hearings to examine frontline re- Capabilities, hearing entitled ‘‘Outside Views on Bio- sponse to terrorism in America, 10:15 a.m., SD–342. defense for the Department of Defense’’, 3:30 p.m., 2118 February 3, Full Committee, to hold hearings to exam- Rayburn. ine Canada’s fast-track refugee plan, focusing on implica- February 4, Subcommittee on Tactical Air and Land tions for United States national security, 10 a.m., Forces, hearing entitled ‘‘Naval Strike Fighters: Issues and SD–342. Concerns’’, 10:30 a.m., 2118 Rayburn. February 4, Full Committee, to hold hearings to exam- Committee on the Budget, February 3, Full Committee, ine the nomination of Beth F. Cobert, of California, to hearing entitled ‘‘Members’ Day’’, 10 a.m., 210 Cannon. be Director of the Office of Personnel Management for a February 4, Full Committee, hearing entitled ‘‘The term of four years, 10 a.m., SD–342. Congressional Budget Office’s Budget and Economic Committee on Indian Affairs: February 3, business meet- Outlook’’, 9:30 a.m., 210 Cannon. ing to consider S. 1125, to authorize and implement the Committee on Education and the Workforce, February 3, water rights compact among the Blackfeet Tribe of the Full Committee, hearing entitled ‘‘Expanding Educational Blackfeet Indian Reservation, the State of Montana, and Opportunity Through School Choice’’, 10 a.m., the United States, and S. 1983, to authorize the Pechanga HVC–210. Band of Luiseno Mission Indians Water Rights Settle- Committee on Financial Services, February 3, Task Force ment; to be immediately followed by an oversight hear- to Investigate Terrorism Financing, hearing entitled ing to examine the substandard quality of Indian health ‘‘Trading with the Enemy: Trade-Based Money Laun- care in the Great Plains, 2:15 p.m., SH–216. dering is the Growth Industry in Terror Finance’’, 10 Committee on the Judiciary: February 2, to hold hearings a.m., 2128 Rayburn. to examine the future of the EB–5 regional center pro- Committee on Foreign Affairs, February 3, Subcommittee gram, 10 a.m., SD–226. on Europe, Eurasia, and Emerging Threats, hearing enti- February 2, Subcommittee on Antitrust, Competition tled ‘‘Turkey: Political Trends in 2016’’, 2 p.m., 2172 Policy and Consumer Rights, to hold hearings to examine Rayburn. occupational licensing and the state action doctrine, 2 Committee on Homeland Security, February 3, Full Com- p.m., SD–226. mittee, hearing entitled ‘‘Crisis of Confidence: Preventing February 3, Full Committee, to hold hearings to exam- Terrorist Infiltration through U.S. Refugee and Visa Pro- ine the need for transparency in the asbestos trusts, 10 grams’’, 10 a.m., 311 Cannon. a.m., SD–226. Committee on the Judiciary, February 3, Full Committee, February 4, Full Committee, business meeting to con- markup on H.R. 3624, the ‘‘Fraudulent Joinder Preven- sider S. 247, to amend section 349 of the Immigration tion Act’’; and a resolution establishing the House Com- and Nationality Act to deem specified activities in sup- mittee on the Judiciary Executive Overreach Task Force; port of terrorism as renunciation of United States nation- and Budget Views and Estimates for FY 2017, 10:15 ality, S. 483, to improve enforcement efforts related to a.m., 2141 Rayburn. prescription drug diversion and abuse, and S. 524, to au- February 4, Subcommittee on Immigration and Border thorize the Attorney General to award grants to address Security, hearing entitled ‘‘Another Surge of Illegal Im- the national epidemics of prescription opioid abuse and migrants Along the Southwest Border: Is this the Obama heroin use, 10:30 a.m., SD–226. Administration’s New Normal?’’, 9 a.m., 2141 Rayburn. Select Committee on Intelligence: February 2, to hold closed Committee on Natural Resources, February 3, Full Com- hearings to examine certain intelligence matters, 2:30 mittee, markup on H.R. 482, the ‘‘Ocmulgee Mounds p.m., SH–219. National Historical Park Boundary Revision Act of February 4, Full Committee, to hold closed hearings to 2015’’; H.R. 812, the ‘‘Indian Trust Asset Management examine certain intelligence matters, 2:30 p.m., SH–219. Demonstration Project Act of 2015’’; H.R. 890, to cor- rect the boundaries of the John H. Chafee Coastal Barrier House Committees Resources System Unit P16; H.R. 894, to extend the au- Committee on Agriculture, February 3, Subcommittee on thorization of the Highlands Conservation Act; H.R. Nutrition, hearing to review incentive programs aimed at 1296, to amend the San Luis Rey Indian Water Rights increasing low-income families’ purchasing power for Settlement Act to clarify certain settlement terms, and for fruits and vegetables, 10 a.m., 1300 Longworth. other purposes; H.R. 1475, the ‘‘Korean War Veterans Committee on Appropriations, February 3, Subcommittee Memorial Wall of Remembrance Act of 2015’’; H.R. on State, Foreign Operations, and Related Programs, 1815, the ‘‘Eastern Nevada Land Implementation Im- oversight hearing on Assistance to Combat Wildlife Traf- provement Act’’; H.R. 2273, to amend the Colorado ficking, 10:30 a.m., H–140 Capitol. River Storage Project Act to authorize the use of the ac- Committee on Armed Services, February 3, Full Com- tive capacity of the Fontenelle Reservoir; H.R. 2538, the mittee, hearing entitled ‘‘Acquisition Reform: Starting ‘‘Lytton Rancheria Homelands Act of 2015’’; H.R. 2857, Programs Well’’, 10 a.m., 2118 Rayburn. to facilitate the addition of park administration at the February 3, Subcommittee on Military Personnel, hear- Coltsville National Historical Park, and for other pur- ing entitled ‘‘Military Treatment Facilities’’, 2 p.m., 2212 poses; H.R. 2880, the ‘‘Martin Luther King, Jr. National Rayburn. Historical Park Act of 2015’’; H.R. 3004, to amend the

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Gullah/Geechee Cultural Heritage Act to extend the au- Committee on Science, Space, and Technology, February 3, thorization for the Gullah/Geechee Cultural Heritage Cor- Subcommittee on Space, hearing entitled ‘‘Charting a ridor Commission; H.R. 3036, the ‘‘National 9/11 Me- Course: Expert Perspectives on NASA’s Human Explo- morial at the World Trade Center Act’’; H.R. 3079, to ration Proposals’’, 10 a.m., 2318 Rayburn. take certain Federal land located in Tuolumne County, February 4, Subcommittee on Research and Tech- California, into trust for the benefit of the Tuolumne nology; and Subcommittee on Oversight, joint hearing Band of Me-Wuk Indians, and for other purposes; H.R. entitled ‘‘A Review of Recommendations for NSF Project 3371, the ‘‘Kennesaw Mountain National Battlefield Park Management Reform’’, 9:30 a.m., 2318 Rayburn. Boundary Adjustment Act of 2015’’; H.R. 3342, to pro- Committee on Small Business, February 3, Subcommittee vide for stability of title to certain lands in the State of on Contracting and the Workforce, hearing entitled ‘‘SBA Louisiana, and for other purposes; H.R. 3620, to amend Management Review: Office of Government Contracts the Delaware Water Gap National Recreation Area Im- and Business Development’’, 3 p.m., 2360 Rayburn. provement Act to provide access to certain vehicles serv- February 4, Full Committee, markup on Views and Es- ing residents of municipalities adjacent to the Delaware timates on the President’s FY 2017 Budget for the Small Water Gap National Recreation Area, and for other pur- Business Administration, 9 a.m., 2360 Rayburn. Committee on Transportation and Infrastructure, poses; and H.R. 4119, to authorize the exchange of cer- February 3, Subcommittee on Coast Guard and Maritime Transpor- tain land located in Gulf Islands National Seashore, Jack- tation, hearing entitled ‘‘The Status of Coast Guard Cut- son County, Mississippi, between the National Park Serv- ter Acquisition Programs’’, 10 a.m., 2167 Rayburn. ice and the Veterans of Foreign Wars, and for other pur- Committee on Veterans’ Affairs, February 3, Full Com- poses (continued), 10 a.m., 1324 Longworth. mittee, hearing entitled ‘‘Lost Opportunities for Veterans: Committee on Oversight and Government Reform, February An Examination of VA’s Technology Transfer Program’’, 3, Full Committee, hearing entitled ‘‘Examining Federal 10:30 a.m., 334 Cannon. Administration of the Safe Drinking Water Act in Flint, Committee on Ways and Means, February 3, Full Com- Michigan’’, 9 a.m., 2154 Rayburn. mittee, markup on Views and Estimates on the Fiscal February 3, Subcommittee on Transportation and Pub- Year 2017 Federal Budget; and H.R. 4294, ‘‘SAVERS lic Assets, hearing entitled ‘‘Securing Our Skies: Over- Act of 2015’’, 10 a.m., 1100 Longworth. sight of Aviation Credentials’’, 1 p.m., 2154 Rayburn. Permanent Select Committee on Intelligence, February 4, Full February 4, Full Committee, hearing entitled ‘‘Devel- Committee, business meeting on consideration of a Com- opments in the Prescription Drug Market: Oversight’’, 9 mittee Report, 9 a.m., HVC–304. This meeting may a.m., 2154 Rayburn. close.

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Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED FOURTEENTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 4 through January 31, 2016 January 4 through January 31, 2016 Senate House Total Civilian nominations, totaling 195 (including 181 nominations carried Days in session ...... 11 10 . . over from the First Session), disposed of as follows: ′ ′ Time in session ...... 44 hrs., 21 44 hrs., 42 .. Confirmed ...... 4 Congressional Record: Unconfirmed ...... 189 Pages of proceedings ...... 404 376 . . Withdrawn ...... 2 Extensions of Remarks ...... 70 . . Public bills enacted into law ...... 3 . . 3 Other Civilian nominations, totaling 319 (including 97 nominations Private bills enacted into law ...... carried over from the First Session), disposed of as follows: Bills in conference ...... 1 1 . . Unconfirmed ...... 319 Measures passed, total ...... 10 23 33 Senate bills ...... 2 3 . . Air Force nominations, totaling 809 (including 181 nominations car- House bills ...... 11 . . ried over from the First Session), disposed of as follows: Senate joint resolutions ...... 1 . . House joint resolutions ...... Confirmed ...... 716 Unconfirmed ...... 93 Senate concurrent resolutions ...... 2 . . . . House concurrent resolutions ...... 1 1 . . Army nominations, totaling 1,959 (including 1,740 nominations car- Simple resolutions ...... 5 7 . . ried over from the First Session), disposed of as follows: Measures reported, total ...... *8 *18 26 Senate bills ...... 5 . . . . Confirmed ...... 1,749 House bills ...... 2 14 . . Unconfirmed ...... 210 Senate joint resolutions ...... House joint resolutions ...... Navy nominations, totaling 12 (including 5 nominations carried over Senate concurrent resolutions ...... from the First Session), disposed of as follows: House concurrent resolutions ...... Confirmed ...... 5 Simple resolutions ...... 1 4 . . Unconfirmed ...... 7 Special reports ...... Conference reports ...... Marine Corps nominations, totaling 893 (including 3 nominations Measures pending on calendar ...... 220 11 . . carried over from the First Session), disposed of as follows: Measures introduced, total ...... 51 108 159 Confirmed ...... 708 Bills ...... 37 85 .. Unconfirmed ...... 185 Joint resolutions ...... 1 2 . . Concurrent resolutions ...... 3 3 . . Summary Simple resolutions ...... 10 18 . . Quorum calls ...... 1 . . Total nominations carried over from the First Session ...... 2,207 Yea-and-nay votes ...... 9 10 . . Total nominations received this Session ...... 1,980 Recorded votes ...... 34 . . Total confirmed ...... 3,182 Bills vetoed ...... 1 1 . . Total unconfirmed ...... 1,003 Vetoes overridden ...... Total withdrawn ...... 2 Total returned to the White House ...... 0

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, February 2 10 a.m., Tuesday, February 2

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Consideration of H.R. 3700— morning business (not to extend beyond 11 a.m.), Senate Housing Opportunity Through Modernization Act of will continue consideration of S. 2012, Energy Policy 2015 (Subject to a Rule). Complete consideration of H.R. Modernization Act, with votes on or in relation to Lee 3662—Iran Terror Finance Transparency Act. Consider- Amendment No. 3032, and Franken Amendment No. ation of the Veto Message on H.R. 3762—Restoring 3115, at 2:30 p.m. Americans’ Healthcare Freedom Reconciliation Act of (Senate will recess from 12:30 p.m. until 2:15 p.m. for their 2015. respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Deutch, Theodore E., Fla., E71, E77, E78 Reed, Tom, N.Y., E74, E77 Gohmert, Louie, Tex., E85 Renacci, James B., Ohio, E82 Blum, Rod, Iowa, E72 Hunter, Duncan, Calif., E84 Rogers, Harold, Ky., E79 Bordallo, Madeleine Z., Guam, E75, E78, E80, E82 Jackson Lee, Sheila, Tex., E87 Ros-Lehtinen, Ileana, Fla., E83 Boustany, Charles W., Jr., La., E72 Johnson, Eddie Bernice, Tex., E77, E84 Ryan, Tim, Ohio, E72 Buck, Ken, Colo., E85 LaHood, Darin, Ill., E86 Shuster, Bill, Pa., E76 Byrne, Bradley, Ala., E76 Lee, Barbara, Calif., E73, E74 Sinema, Kyrsten, Ariz., E85 Calvert, Ken, Calif., E86 Lofgren, Zoe, Calif., E87 Smith, Jason, Mo., E75, E82 Coffman, Mike, Colo., E77, E83 Long, Billy, Mo., E82 Thornberry, Mac, Tex., E76 Cohen, Steve, Tenn., E86 Lujan Grisham, Michelle, N.M., E71, E79, E81 Vargas, Juan, Calif., E81 Conaway, K. Michael, Tex., E73 MacArthur, Thomas, N.J., E83 Veasey, Marc A., Tex., E84 Connolly, Gerald E., Va., E84 Marchant, Kenny, Tex., E79 Visclosky, Peter J., Ind., E73 Cook, Paul, Calif., E77, E79, E83 Miller, Jeff, Fla., E73, E74, E75 Webster, Daniel, Fla., E85 Cuellar, Henry, Tex., E87 Norton, Eleanor Holmes, The District of Columbia, Wilson, Joe, S.C., E80 DeSaulnier, Mark, Calif., E71 E81, E83 Yarmuth, John A., Ky., E71, E72 Denham, Jeff, Calif., E78 Olson, Pete, Tex., E85, E86, E87, E87, E87 Young, Todd C., Ind., E81

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