E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, FIRST SESSION

Vol. 165 WASHINGTON, TUESDAY, FEBRUARY 26, 2019 No. 35 House of Representatives The House met at 10 a.m. and was director. Some of these facilities have EMERGENCY DECLARATION called to order by the Speaker pro tem- not been staffed by a permanent direc- The SPEAKER pro tempore. The pore (Ms. KELLY of Illinois). tor in almost 2 years. Instead, these fa- Chair recognizes the gentleman from f cilities are managed by short-term di- New Jersey (Mr. MALINOWSKI) for 5 rectors who stay on the job for just a minutes. DESIGNATION OF SPEAKER PRO few months. Mr. MALINOWSKI. Madam Speaker, TEMPORE There is just not a lot you can do in I rise to urge that we come together The SPEAKER pro tempore laid be- a few months. It is not nearly long today to defend the Constitution of the fore the House the following commu- enough to review operations, rec- United States by repudiating President nication from the Speaker: ommend improvements, and see these Trump’s emergency declaration of Feb- WASHINGTON, DC, reforms brought through to an end. ruary 15. February 26, 2019. That is why I introduced bipartisan Few provisions of the Constitution I hereby appoint the Honorable ROBIN L. legislation with Mr. COSTA from Cali- are more plain than Article I, Section KELLY to act as Speaker pro tempore on this fornia that put an end to this revolving 9, Clause 7: ‘‘No money shall be drawn day. door. Our bill pushes the VA to hire from the Treasury, but in consequence NANCY PELOSI, permanent directors at all VA medical of appropriations made by law.’’ Speaker of the House of Representatives. centers—no more interim directors. The President has immense powers, f We all want a VA system that can but he cannot spend money unless we, MORNING-HOUR DEBATE complete its mission to care for those the people’s Representatives in Con- who shall have borne the battle. Hav- gress, have agreed that he can. The SPEAKER pro tempore. Pursu- ing consistent leadership is the least Now, there might be extraordinary ant to the order of the House of Janu- we can do for our Nation’s heroes. circumstances when a President could ary 3, 2019, the Chair will now recog- violate that principle, when all of us ASSAULT ON THE FIRST AMENDMENT nize Members from lists submitted by would agree that he must act but there the majority and minority leaders for Mr. BOST. Madam Speaker, I say to is no time to ask Congress for funds: a morning-hour debate. the people of southern Illinois and this military invasion or a massive natural The Chair will alternate recognition country: Your constitutional rights are disaster, for example. The National between the parties. All time shall be under assault. If you are a law-abiding Emergencies Act provides for that. equally allocated between the parties, gun owner, a sportsman, you need to But if the situation on the southern and in no event shall debate continue pay attention. border were that kind of emergency, beyond 11:50 a.m. Each Member, other This week, the House Democrats will then the President hasn’t been acting than the majority and minority leaders bring a bill to the floor that will re- like it. For 2 years, when his party con- and the minority whip, shall be limited strict your freedoms and do little to re- trolled the House and Senate, he never to 5 minutes. duce gun violence. asked us for money to build a wall, and f As a father and a grandfather, I want if we truly faced that kind of imminent to reduce gun violence as much as any- threat, a wall would not even be an VA MEDICAL CENTERS one, but we have to be smart. We can’t emergency measure given how long it The SPEAKER pro tempore. The get roped into scoring political points. would take to build. Chair recognizes the gentleman from That is why I worked with my col- The critical point is this: When the Illinois (Mr. BOST) for 5 minutes. leagues on both sides of the aisle last President finally got around to asking Mr. BOST. Madam Speaker, I have year on a measure which is now law to us for money, we deliberated on his re- run a small business, and I know that increase security for our kids in the quest, and we said no. You may believe any organization needs long-term cer- schools. But the gun control bill being we were right or you may believe we tainty. No organization can success- considered this week makes it harder were wrong, but that is what the elect- fully operate under a revolving door of for law-abiding citizens to defend ed Representatives of the American short-term leaders, especially not one themselves and others against crimi- people decided. tasked with caring for America’s he- nals who have guns. So the question before us today is roes. Unfortunately, this is what is We need to enforce the laws already not how do we secure the border; it is happening at our Nation’s VA centers. on the books, not limit the rights of whether this President or any Presi- Almost 20 VA medical centers, na- law-abiding citizens who want to pro- dent can use emergency powers to defy tionwide, currently lack a permanent tect their families. the Congress when he disagrees with a

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

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VerDate Sep 11 2014 00:09 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.000 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2106 CONGRESSIONAL RECORD — HOUSE February 26, 2019 decision that we have made. Are we Mr. THOMPSON of Pennsylvania. But, Madam Speaker, tomorrow going to stand by and watch this Presi- Madam Speaker, I rise today to discuss House Democrats will bring up a meas- dent seize funds from the military to the issue that is facing Americans ure to block President Trump’s emer- forcibly take land from law-abiding across the Nation: the opioids crisis. gency declaration, H.J. Res. 46. They American citizens to build something The 2018 National Drug Threat As- say the wall is immoral. They say it is that Congress has said should not be sessment, a comprehensive guide pub- cruel. I say we need decisive action to built? lished by the Drug Enforcement Ad- fight the opioid crisis, and this is the We know this would be wrong. The ministration, indicates that illegal first step in the right direction. National Emergencies Act is for gen- drug use continues to rise. It cites Since President Carter, there have uine emergencies. It is not a get-out-of- Mexican transnational criminal orga- been 31 national emergencies declared. the-Constitution-free card for Presi- nizations as America’s greatest enemy President Clinton declared 6, and Presi- dents who want something that Con- in the war against drugs. While these dent Obama declared 10 that are still in gress won’t give them. criminal organizations are bringing a place. All 31 national emergencies rec- Now, I have heard some people say wide variety of illegal drugs across our ognized a dire threat to the American that President Obama did the same southern border, I am particularly wor- people and took action. By declaring thing. I am sorry, he did not. Both ried about their role in spreading the this national emergency, President President Obama and President Bush opioid crisis. Trump is taking action against a were sometimes accused of exceeding Thousands of pounds of opioids are threat that killed 70,000 Americans in their constitutional authority; the smuggled across our southern border 2017 alone. courts sometimes overruled them. But every year. Just last year, the DEA Madam Speaker, I urge my col- neither Obama nor Bush nor Nixon nor seized more than 17,000 pounds of her- leagues to vote ‘‘no’’ on H.J. Res. 46. Reagan nor Roosevelt nor Lincoln nor oin in the United States. About 39 per- Support our President and save Amer- any President since the founding of our cent of this was seized at the southern ican lives. Republic has ever decreed an emer- border. f gency to spend money that the Con- Another opioid that has devastated gress explicitly denied them. communities across America is EMERGENCY DECLARATION If you want to find a precedent for fentanyl. As we started to understand The SPEAKER pro tempore. The what President Trump has done, I can the scope of the opioid crisis facing our Chair recognizes the gentleman from give you one. When I was a diplomat Nation, the CDC says doctors started Texas (Mr. ARRINGTON) for 5 minutes. representing our country and standing prescribing less and less pharma- Mr. ARRINGTON. Madam Speaker, I up for our values around the world, I ceutical fentanyl. But fentanyl rise in strong opposition to the resolu- had this exact same debate with au- overdoses remained steady as prescrip- tion the House will vote on later today thoritarian governments in Ethiopia, tion rates dropped, meaning that illic- that would terminate the President’s in Bahrain, and in Egypt, telling them: itly manufactured fentanyl is one of declaration of a national emergency. Do not use emergency powers to get the main drivers of the opioid crisis. The need to secure our borders isn’t around your constitutions. I never Illicit fentanyl is a synthetic opioid just a matter of good public policy, it thought I would have that kind of ar- that is produced in China and Mexico. is our highest calling, and it is our con- gument with a President of the United It is either smuggled into the United stitutionally prescribed duty as guard- States. States through the mail from China or ians of our citizens’ safety. Many of my Republican colleagues across our southern border from Mex- When our Founding Fathers penned have been saying that America must ico. In 2017, Customs and Border Patrol our Constitution and changed the not go the way of Venezuela, and they agents seized nearly 1,500 pounds of course of history, they charged the are right. When President Trump said fentanyl at the border. Considering Federal Government in the preamble in his State of the Union that we must fentanyl is 50 to 100 times more potent with the preeminent responsibility to never become a socialist country, I than morphine, last year’s seizures ac- provide for the common defense. But joined them in getting to my feet and counted for millions of potential they didn’t just stop there. They went applauding. on and not only empowered, but they But how do you think Venezuela got overdoses and deaths. commanded that the Federal Govern- to be a socialist country? I will tell But it is easy to discuss the amount ment shall protect every State in the you. President Maduro declared a state of illegal drugs that have been seized at Union against invasion. of economic emergency to give himself the border. It is easy to discuss the Madam Speaker, unfortunately, as the power to defy his elected national need for change. The hardest part is the American people and, especially, assembly and spend money however he discussing the human toll that this cri- the citizens of the great State of Texas pleased. sis has taken. That is not America. We must never Madam Speaker, last year more know far too well, the Federal Govern- become that. We believe in rule of law, Americans died of a drug overdose than ment has abdicated its most important not rule by decree. in any other recorded year. In 2017, responsibility and has been derelict in We disagree passionately within the overdoses killed more than 70,000 its constitutional duty to defend our boundaries the Constitution draws, but Americans, and more than 28,000 of borders and provide for our defense. we agree zealously to defend those these deaths were related to synthetic For too long, politicians have pontifi- boundaries when any one of our party opioids such as fentanyl. cated and they have postured that they or any party tries to cross those bound- Our country is facing a crisis, and ac- would stop illegal immigration and aries. That is how we have survived as tion is necessary. That is why I was that they would secure the border, but a constitutional democracy. It is the proud to stand with President Trump the fact is they haven’t. Anyone who only way we can survive. and support H.J. Res. 31. This appro- has been to the border or worked along We are divided enough right now, so, priations bill included provisions that the border or lives along the border please, let’s not allow another tear in are vital to my congressional district knows that this is a crisis. This is a na- the constitutional fabric that holds us and that will bring the fight against tional emergency. together. Let’s unite as patriots on this opioids to the front lines: the southern We know that, just last month, ap- one question so that we can safely dis- border. prehensions at the southern border agree as partisans on everything else. Although I was disappointed that my spiked 84 percent compared to the same f Democratic colleagues didn’t include time last year, with 120,000 apprehen- more to combat this crisis, I was sions in the last 2 months alone. Home- THE NATIONAL EMERGENCY ON pleased that it included funding for 55 land Security personnel spent 28,000 OUR SOUTHERN BORDER miles of wall on the southern border. man-hours to render basic medical The SPEAKER pro tempore. The Walls work, and we need to continue services to folks who were coming Chair recognizes the gentleman from the construction of this wall. This is across the border. Pennsylvania (Mr. THOMPSON) for 5 why President Trump’s national emer- New migrant caravans continue to minutes. gency declaration is necessary. form and march toward our cities

VerDate Sep 11 2014 00:09 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.002 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2107 along the border where our Border Pa- citizens. I will be voting for the safety has retired after serving 45 years as the trol agents are already overwhelmed of the American people today and the CEO of the State Bank of Delano, Min- with migrants from other caravans. safety of our communities, not just in nesota. west Texas but throughout this coun- Steve retired leaving an incredible b 1015 try. legacy. He cultivated a family out of And in the first caravan of 8,000 peo- Again, President Trump is doing the his employees and built an environ- ple that forced their way into Mexico— right thing. He is doing the responsible ment based on humor, trust, and excel- they forced their way into Mexico— thing. He is doing the constitutionally lence, inspiring all those around him to where they should have stopped as the necessary thing. And I am behind him be the best they could possibly be. first safe country when they were ap- 100 percent. As a resident of Delano, I can say plying for asylum, we know that 600 of f from experience that Steve led by ex- that first caravan of 8,000 were known ample and took the time to know and criminals. RECOGNIZING THE LEGACY OF care for the customers who walked Additionally, because of our porous MATHEW HALL LUMBER through the door of his bank. borders, drugs continue to flood into The SPEAKER pro tempore. The Most in the community knew Steve our country, poison our communities, Chair recognizes the gentleman from through his role as a volunteer, the and destroy our families. Minnesota (Mr. EMMER) for 5 minutes. volunteer treasurer of the Fourth of Just last year 70,000 people died from Mr. EMMER. Madam Speaker, I rise July Celebration Committee for over 40 drug overdoses in this country. Ninety today to recognize the legacy of years. percent of those drugs are coming from Mathew Hall Lumber, which has been Delano is home to Minnesota’s larg- across the southern border. If that is operating in downtown St. Cloud, Min- est Fourth of July parade, and Steve’s not an emergency, I don’t know what nesota, for 130 years. service to that committee displayed Mathew Hall Lumber has been a fix- is. his dedication to our community. ture in the community and a backbone Thank you for all you have done for No one is on the front lines of this of the local economy. the Delano community, Steve. Enjoy fight more than the State of Texas. Maintaining a business is not an easy your retirement with your family and Since 2011, 186,000 illegal aliens have task. It involves blood, sweat, and friends. You deserve it. been charged with more than 290,000 tears to sustain the test of time. How- CELEBRATING THE MINNESOTA CENTRAL REGION crimes in Texas alone. ever, with that comes joy and fulfill- SMALL BUSINESS DEVELOPMENT CENTER When you combine the total cost of ment, something that generation after Mr. EMMER. Madam Speaker, I rise illegal immigration from healthcare generation of the Hall family knows all today to celebrate the Minnesota Cen- services, education, and incarceration, about. tral Region Small Business Develop- it is over $12 billion for the State of One of the reasons why St. Cloud and ment Center for being named the Min- Texas. It is over $150 billion for the the great State of Minnesota are so in- nesota Small Business Development United States. credible is because of hardworking peo- Center of Excellence. We are $22 trillion in debt. We will ple like the Hall family. By maintain- Located at St. Cloud State Univer- have two of our biggest safety-net pro- ing their business in St. Cloud, they sity, the Central Small Business Devel- grams insolvent in less than 20 years, brought commerce, jobs, and a great opment Center provides free consulting and we are spending $150 billion on ille- product to our community. services and assistance to those start- gal immigration. As Simonson Lumber purchases this ing a small business. We know that constructing physical historic company and the Hall family The center services the majority of barriers, when combined with boots on transitions into a new chapter, I speak my district, counties such as Benton, the ground and technology, are effec- for all of central Minnesota when I say Sherburne, Stearns, and Wright. My tive at stemming the tide of illegal im- thank you to the Hall family for your constituents have benefited greatly migration. great contribution to our State and our from the services provided and the nu- We know walls work because we have community. merous business workshops focusing on seen it when we have deployed them in HONORING STEVE TAYLOR, A GREAT MINNESOTA educating local businesses and entre- El Paso, San Diego, and Tucson, and PUBLIC SERVANT preneurs on how to improve their new we have stopped illegal immigration or Mr. EMMER. Madam Speaker, I rise business. stemmed the tide 90-plus percent. today to honor Sherburne County Ad- Special recognition goes to the cur- So, instead of letting this crisis con- ministrator Steve Taylor. rent director, Barry Kirchoff, who tinue to worsen, this President took As Steve prepares to retire from his came to the center in 2006 with an ex- action, using authority not that he in- 30-year career, he leaves with the rep- tensive background in business and vented but that we in Congress explic- utation for providing the highest level economic development. itly gave him under the National of customer service. Today, their success continues be- During his time with Sherburne Emergency Act. cause of Barry’s commitment to help- County and Carver County before that, It is not like the President is setting ing address the needs of the local small Steve has served Minnesota’s Sixth business community. His hard work is new precedent or breaking new ground. District with distinction. evident. Other presidents have declared na- As a fellow public servant, I com- Congratulations and thank you to tional emergencies 50-plus times, and I mend Steve for committing his life’s Barry and the staff of the Minnesota know President Clinton declared it a work to serving others. His dedication Central Region Small Business Devel- national emergency to fight drug traf- and leadership will be hard to replace. opment Center. Central Minnesota is fickers—rightfully so—and President The employees who had the pleasure lucky to have you. Obama against transnational criminal of working with and learning from RECOGNIZING THE ACHIEVEMENTS OF THE organizations. Steve will keep the good work going, WACONIA HERO COALITION This President loves this country. He but, certainly, his dependable presence Mr. EMMER. Madam Speaker, I rise wants to do his job. He doesn’t want will be missed. today to recognize the achievements of another one of our sons and daughters His efforts toward expanding the Waconia HERO Coalition. ‘‘HERO’’ to die of drug addiction or overdose. He Sherburne County’s government center stands for their mission, which is to doesn’t want crime to run rampant in by adding extra courtrooms, more se- ‘‘Help, Empower, and Respect Others.’’ the streets of the United States. curity, and much-needed space will be This community task force based in The President understands his first enjoyed by generations to come. my district undertook the mission in job as Commander in Chief is to keep Thank you, Steve, and congratula- 2010 to reduce and prevent the use of our citizens—our people—safe, and I tions on an amazing career in public alcohol, tobacco, and other drugs by stand with him. service. I wish you a long and happy re- youth through education, engagement, Madam Speaker, today I will be vot- tirement. and policy change. ing for our President, for his constitu- HONORING THE LEGACY OF STEVE GILMER What started as a group of parents, tional, legal authority to defend this Mr. EMMER. Madam Speaker, I rise educators, and community leaders join- country, to protect our borders and our today in honor of Steve Gilmer, who ing forces to address bullying in

VerDate Sep 11 2014 00:09 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.004 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2108 CONGRESSIONAL RECORD — HOUSE February 26, 2019 schools quickly became a task force Say: I was wrong when I said that ters its 20th year of service to our com- tackling substance abuse. you don’t have to be so kind when you munity. In 2014, the Waconia HERO Coalition are taking persons into your care, cus- I would also like to extend my appre- was awarded the Drug Free Community tody, and control and you are part of ciation to Meg Eubank, the executive Support Grant, providing $625,000 of the constabulary, you are part of the director of Welcoming the Stranger, funding over 5 years. Today I want to policing force in this country. for her work and her vision. congratulate them for receiving a con- Just say you were wrong if you want b 1030 tinuation to that grant, which reaf- to atone. Signing bills won’t do it. HONORING FRIENDS OF FIVE MILE WOODS firms the incredible work this task Going to church won’t do it. force has already done and will be Asking forgiveness will cause you to Mr. FITZPATRICK. Madam Speaker, I rise to honor a group of conscientious doing and serves as encouragement to be forgiven. And I will forgive you, but citizens in Bucks County, Pennsyl- keep working towards solutions to that doesn’t mean that you are no vania, who were recently recognized for youth substance abuse. longer going to be sanctioned for your their environmental stewardship. f bigotry. Earlier this month, the Lower I want to thank those who have stood SETTING STRAIGHT THE RECORD Makefield Board of Supervisors and the and made their points clear as it re- The SPEAKER pro tempore. The Lower Makefield Environmental Advi- lates to bigotry. sory Council awarded Friends of Five Chair recognizes the gentleman from I am listening to these morning pro- Mile Woods with its annual Environ- Texas (Mr. GREEN) for 5 minutes. grams now. They are all talking about mental Stewardship Award. Friends of Mr. GREEN of Texas. Madam Speak- bigotry emanating from the Presi- Five Mile Woods, which has been a er, and still I rise. dency, not necessarily in those words. And I rise today with love of country presence in Bucks County since the They are talking about the racism that in my heart and a belief that the 1980s, seeks to protect the landscape of the President perpetrates. Five Mile Woods Preserve. record has to be set straight. I appreciate what they are saying, The record has to always reflect the One of the most successful programs but we have got to do more than talk truth, and there is a truth that is being the organization has implemented is about it. We cannot allow a President obscured. its volunteer cleanup efforts on the I want to set the record straight be- to remain in office who has engaged in second Saturday of the months of cause there seems to be a belief that, if this kind of bigoted conduct. March through November. During you have committed acts of bigotry, if It is time for us to take a stand here these Saturdays, dedicated volunteers you have been a racist, if you have on the floor of the House of Represent- pick up trash, maintain trails, and re- been engaged in homophobia, xeno- atives. pair infrastructure in the 285-acre pre- phobia, Islamophobia, there seems to There were no fine people in Char- serve. be a belief that, if you can do one lottesville. You ought not separate ba- Madam Speaker, Friends of Five Mile thing, somehow that thing will eradi- bies from their mothers. You ought not Woods helps provide amazing nature cate and eliminate all of the bigotry have policies that would condone big- experiences and educational opportuni- that you have perpetrated. otry and encourage others to engage in ties for our community in Bucks Coun- I rise to correct the record because I it. ty. I congratulate them on this award want the record to show that at least I believe that we have a duty to take and applaud the work of John Lloyd, one person came to the floor of this a vote, and at some point in the near chairman of the organization, and the Congress and made it clear that, yes, future we will take another vote, not- Lower Makefield Board of Supervisors. withstanding the Mueller report. unemployment may be low for African RECOGNIZING MEGHAN SCHULZ FOR HER WIN ON The SPEAKER pro tempore. Mem- Americans—yes, it may be low—but it ‘‘JEOPARDY’’ is still twice that of Anglo Americans, bers are reminded to refrain from en- Mr. FITZPATRICK. Madam Speaker, generally speaking. gaging in personalities toward the I rise today to recognize a resident of Yes, you may have signed a bill to President. Bucks County, Pennsylvania, who re- deal with some aspects of criminal jus- f cently made us all proud from her suc- tice in a just way, and that is appre- RECOGNIZING THE 20TH ANNIVER- cessful appearance on ‘‘Jeopardy.’’ ciated. But there is still more work to SARY OF WELCOMING THE Meghan Schulz, a resident of Bristol be done. But notwithstanding the fact STRANGER and an environmental engineer for that there is more work to be done, it SEPTA, appeared on the hit television is still appreciated. The SPEAKER pro tempore. The show last month. Going into the final But the record has to be set straight, Chair recognizes the gentleman from round, Meghan was in second place and here is what the record should Pennsylvania (Mr. FITZPATRICK) for 5 with $14,000. She was able to clinch her show: that that does not eliminate the minutes. victory, however, when she success- bigotry emanating from the Presi- Mr. FITZPATRICK. Madam Speaker, fully answered that Mariah Carey was dency. I rise today to recognize a nonprofit or- the New York native who, in the 1990s, Eliminating bigotry does not occur ganization in Bucks County, Pennsyl- had eight of her first 10 Billboard Top because you signed one bill. It does not vania, that is celebrating its 20th year 40 hits reach number one. occur because unemployment is low. It of service helping immigrants settle in Her closest competitor, whom she does not occur. the United States. trailed by $400 going into Final Jeop- If you want to have the record reflect Welcoming the Stranger, based in ardy, incorrectly guessed Whitney that you have done something to atone Langhorne, was founded in 1999 by the Houston, putting Meghan over the top. for your bigotry, then you have to do late Reverend Sturgis Poorman. Madam Speaker, I congratulate something a little bit more than to Welcoming the Stranger has provided Meghan on this major accomplishment. simply sign a bill. countless opportunities for immigrants It is a major feat to be selected to par- And I am not saying to you that an in southeastern Pennsylvania from ticipate on this famous show to begin apology is in order. I say to people: over 100 countries. with, but to win against other highly Tell the truth. Just tell the truth. Welcoming the Stranger offers intelligent competitors is something Say: I was wrong when I instituted a English language classes and courses in truly noteworthy. policy that separated babies from their citizenship preparation and computer I wish Meghan and her family all the mothers that emanates the type of big- science. Their programs have been so best, and we congratulate her on this otry that we don’t condone in this popular that they often expand to 300 achievement. country. attendees, packing houses of worship f Say: I was wrong when I said there and community centers across Bucks were some good people among those County. WILDERNESS CONSERVATION who were the racists, the bigots, the Madam Speaker, I applaud the work The SPEAKER pro tempore. The xenophobes and homophobes in Char- of Welcoming the Stranger, and I wish Chair recognizes the gentleman from lottesville. the organization all the best as it en- Louisiana (Mr. GRAVES) for 5 minutes.

VerDate Sep 11 2014 00:09 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.006 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2109 Mr. GRAVES of Louisiana. Madam Madam Speaker. A hundred percent of surely, service in every war the Nation Speaker, I rise to discuss concerns with these funds is coming from the State has fought, even beyond being first per S. 47, legislation we will soon be voting that I represent and the other five capita in Federal income taxes, should on in the House of Representatives. States that produce offshore energy. qualify the 700,000 residents of the Dis- Madam Speaker, S. 47 has some posi- Every penny of it is coming from the trict of Columbia for equal treatment tive things in it. The legislation pro- State of Louisiana, which produces per- as the 51st State. vides for expanded recreational oppor- haps over 80 percent of all the offshore On this poster, we see why any State tunities, expanded opportunities to energy of this Nation in Federal would stand for its rights: World War I, hunt and fish on our public lands, and waters. It is paying for this fund. more casualties of people who live in a lot of things that I very much sup- At the same time, we have lost 2,000 the District of Columbia than three port. square miles—2,000 square miles—of States; the Korean war, more casual- Madam Speaker, the bill has some our coast. Guess how much of this bill ties than those of eight States; World pretty profound flaws, one of which addresses the problem there? With 2,000 War II, casualties are more than four being process. This is a 700-page bill—a square miles of our coast disappearing, States; and the Vietnam war, casual- 700-page bill—that has been held at the the ecological productivity being lost, ties that outnumber those in 10 States. desk. It has not gone through the reg- the increased vulnerability to the peo- The residents of the District of Co- ular committee process. ple that I represent, zero, nothing. This lumbia will be here to say to my col- This isn’t some small bill that folks bill diverts money for conservation and leagues that 200-plus years—it is about have been exposed to. This is 700 pages for protection in other States in other 218 years now—without equal rights is of text, and it has not gone through the areas and does nothing for my home 218 years too many. regular legislative process and, in fact, State of Louisiana, yet it is coming Nobody who lives in our country and is being put up under suspension of the from our revenues that we are pro- pays taxes should be unrepresented on rules, where we are not even being pro- ducing in our offshore. this floor when votes are taken. I ap- vided the opportunity to offer amend- This is a flawed process. This is a preciate that I can now vote for the ments or to represent our constituents, flawed bill. We need to go through reg- District of Columbia in the Committee other than just voting ‘‘yes’’ or ‘‘no.’’ ular order. of the Whole, where some votes are Madam Speaker, I want to throw out I really can’t even believe that this is taken. But District resident have no some statistics on what this bill does happening. Here we have dozens of representation on this floor and none and the implications. It provides 1.3 hearings on climate change and other in the Senate at all. million acres of land being designated things, and the very State that is the It is past time to right this wrong. as wilderness areas—1.3 million acres; canary in the coal mine, the State that We cannot do it for those who have 694 acres of recreation and conserva- is experiencing the worst ecological died in war for our country. We can tion areas; 370,000 acres of mineral challenges or losses as a result of sea certainly do it in their memory. withdrawals; national monument des- rise and other challenges, is being com- f ignations of 2,500 acres; 621 miles of pletely ignored. RECESS wild and scenic rivers; 2,600 miles added Where are the climate change advo- to the national trail system; and 42,000 cates right now? Where are you? The SPEAKER pro tempore. Pursu- acres added to our national parks. I strongly urge opposition to this ant to clause 12(a) of rule I, the Chair Now, Madam Speaker, I used to teach bill. We need to go back through reg- declares the House in recess until noon outdoor wilderness courses. I have ular order, consider the largest con- today. spent hundreds, maybe even thousands servation and the largest natural re- Accordingly (at 10 o’clock and 41 of nights of my life in the outdoors, sources bill that we have had since I minutes a.m.), the House stood in re- sleeping out in the wilderness areas, have been in the Congress, and send it cess. national parks, and national forests through regular order again. f and others. I love these areas. I enjoy I urge opposition to this bill. b 1200 them. f I am not saying that these things AFTER RECESS STATEHOOD FOR DISTRICT OF shouldn’t happen. I am saying that we The recess having expired, the House COLUMBIA need to have the ability to go through was called to order by the Speaker pro regular order, just like the Senate did The SPEAKER pro tempore. The tempore (Mr. CUELLAR) at noon. this week when they had the ability to Chair recognizes the gentlewoman from f offer amendments to this bill. We are the District of Columbia (Ms. NORTON) not being afforded that same oppor- for 5 minutes. PRAYER tunity. Ms. NORTON. Madam Speaker, to- Pastor A.D. Shaw, Shekinah Glory Madam Speaker, my biggest problem morrow, our residents who are fortu- Cathedral Church of God in Christ, or concern with this legislation is this: nate to live in our Nation’s Capital will Plant City, Florida, offered the fol- The bill permanently reauthorizes the come to the Capitol as part of their lowing prayer: Land and Water Conservation Fund, Lobby Day to ask the Congress to pass God of infinity and sovereignty and which, I will say it again: I support the the D.C. statehood bill. redeemer of humanity, grace us with acquisition of lands, the protection of Most Americans are unaware that Your mercy, as this 116th United lands, so we can enjoy the ecological the Americans who live in their Na- States Congress forges the future of productivity and enjoy time in the tion’s Capital have the fewest rights of America. great outdoors. However, the bill does any Americans. That is at the same Cover the distressed and despondent, not address the fact that we have a $17 time that those 700,000 residents who too often forgotten and manipulated, billion backlog in national park main- live in the Nation’s Capital pay the with unceasing care. tenance—$17 billion. So we are acquir- highest taxes per capita, higher than Shelter the children of this Nation ing more land without a plan for ad- the taxes of the residents of any State. from the destructive silence and sins of dressing the existing backlog mainte- As you might imagine, the residents their predecessors. Grant unto them nance issues that actually prohibit or of the District of Columbia are seeking courage and fortitude to be affirming prevent people from enjoying some of to become the 51st State of the Union. and inclusive of all. these same lands that are being ac- I am pleased that already almost 90 Reclaim us to Your peace and unity, quired. percent of Democrats are on our D.C. that we may truly be one Nation under We are talking about the Land and statehood bill. I am grateful to Senator God, the Nation known as the melting Water Conservation Fund, and $9 bil- CARPER, who will soon introduce this pot of the world. lion in funds over the next 10 years same bill on the Senate side. Therefore, redeem the soul of this being deposited into a Treasury receipt There are many reasons that no Nation, and bequeath unto us wisdom, account to acquire more land. Guess Americans should fail to have equal mercy, and love, that we may all en- where this money is coming from, rights if they pay equal taxes. But counter heaven on Earth.

VerDate Sep 11 2014 00:09 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.008 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2110 CONGRESSIONAL RECORD — HOUSE February 26, 2019 With the spirit of the ‘‘20 and odd Ne- ANNOUNCEMENT BY THE SPEAKER for 1 minute and to revise and extend groes’’ who arrived in this Nation 400 PRO TEMPORE his remarks.) years ago, may we serve this present The SPEAKER pro tempore. The Mr. SCHNEIDER. Mr. Speaker, every age. Chair will entertain up to 15 further re- parent deserves to have confidence that In the name of our Lord, amen. quests for 1-minute speeches on each the air they and their children breathe side of the aisle. is safe. That is why we have environ- f mental standards and why we have an f THE JOURNAL Environmental Protection Agency to ACTION AGAINST GUN VIOLENCE monitor, update, and enforce the rules. The SPEAKER pro tempore. The (Mr. HIGGINS of New York asked and So, when communities face a known Chair has examined the Journal of the was given permission to address the public risk, new or recently reclassi- last day’s proceedings and announces House for 1 minute.) fied, we rightly expect the EPA to to the House his approval thereof. Mr. HIGGINS of New York. Mr. act—quickly, comprehensively, and Pursuant to clause 1, rule I, the Jour- Speaker, I rise in support of action in transparently. nal stands approved. the fight against gun violence. Con- In the Chicago area, this, sadly, has f gress is finally acting. not been the case. Ethylene oxide, or Over the last decade, we have wit- EtO, was reclassified as a known car- PLEDGE OF ALLEGIANCE nessed gun violence take the lives of cinogen more than 2 years ago, yet we The SPEAKER pro tempore. Will the innocent children in our schools, ter- just recently learned facilities around gentleman from Michigan (Mr. rorize our neighborhoods, and harm our Chicago could be emitting it at ele- WALBERG) come forward and lead the fellow colleagues in Congress. vated levels. Each event invoked a moment of si- House in the Pledge of Allegiance. The EPA has been unacceptably slow lence. We can no longer remain silent. Mr. WALBERG led the Pledge of Al- to respond and has failed to keep af- This week we have the opportunity legiance as follows: fected communities informed. to vote on two pieces of legislation I pledge allegiance to the Flag of the This month, I partnered with Sen- that close loopholes in the gun pur- ators DURBIN and DUCKWORTH and other United States of America, and to the Repub- chase background check process. lic for which it stands, one nation under God, colleagues in my delegation to intro- These aren’t radical or partisan poli- indivisible, with liberty and justice for all. duce legislation that would require the cies. Background checks are supported EPA to immediately revise and update f by 97 percent of Americans, including its EtO standards and to keep the pub- 97 percent of gun owners. lic fully informed. WELCOMING PASTOR A.D. SHAW On behalf of the families who have We are also demanding that EPA The SPEAKER pro tempore. Without lost someone to gun violence and those evaluate ambient levels of EtO in these objection, the gentleman from Florida who we long to keep safe from future communities immediately, something (Mr. SPANO) is recognized for 1 minute. gun violence, I stand proudly in sup- it should be doing already. There was no objection. port of congressional action to protect Our communities deserve more from Mr. SPANO. Mr. Speaker, I rise our communities from gun violence the EPA. This is about our families and today to honor A.D. Shaw, founder and and urge my colleagues to do the same. their public health. pastor of Shekinah Glory Cathedral lo- f cated in Plant City, Florida, and who f REASSURING EUROPEAN ALLIES most gracefully offered this morning’s opening prayer. He is also my brother (Mr. WILSON of South Carolina RECOGNIZING LENAWEE COUNTY and my friend. asked and was given permission to ad- SHERIFF JACK WELSH Pastor Shaw’s dedication to family, dress the House for 1 minute and to re- (Mr. WALBERG asked and was given friends, and community serves as an vise and extend his remarks.) permission to address the House for 1 example to many. His over 15 years of Mr. WILSON of South Carolina. Mr. minute.) hard work in the ministry without ex- Speaker, last week I was grateful to Mr. WALBERG. Mr. Speaker, I rise pecting anything in return embodies join Senator LINDSEY GRAHAM on a del- today to recognize Lenawee County the definition of unity and the best of egation for the Munich Security Con- Sheriff Jack Welsh as he retires after ference. A highlight was Vice President the human spirit. 431⁄2 years of service to Lenawee Coun- As I listened to his prayer, I thought MIKE PENCE reaffirming America’s ty, Michigan. of the many distinguished men and commitment to the Transatlantic Alli- Sheriff Welsh has served in many women who have stood in this Cham- ance. roles during his law enforcement ca- I then joined the delegation led by ber, at that podium, preaching the im- reer, beginning as a volunteer reserve Congressmen GERRY CONNOLLY and portance of unity in our great Nation. deputy and eventually working his way RICK LARSEN for the NATO Parliamen- One such man was Abraham Lincoln, up to captain. tary Assembly. who said: ‘‘A house divided against After his initial retirement from the House Speaker NANCY PELOSI reas- itself cannot stand.’’ sured our allies of bipartisan support sheriff’s department in 2007, he went on In our fast-moving society, it is easy for NATO’s continued success. Con- to become an emergency management to focus on those things that divide us regional planner. gressman MIKE TURNER ably presided over those things that bring us to- as vice president of the assembly. Then, in 2008, he accepted the call to gether. It is why, Mr. Speaker, I stand Another highlight in Brussels was to run for sheriff, where he has served here today calling for greater unity meet with U.S. Ambassador Ronald ever since. among all who serve in this Chamber, Gidwitz and his wife, Christina, whose Law enforcement officers like Sheriff among the American people and for the enthusiasm for service is extraor- Welsh are the fabric of our community. thousands of communities across our dinary. Day in and day out, they answer the great land. The ambassador is promoting the res- call to serve and protect. Only together can we withstand ad- toration of the Mardasson Memorial, Over the years, Sheriff Welsh has versity, not just as individuals, but as honoring American servicemembers in been one of the very best. He is a man a Nation. This does not mean that we the Battle of the Bulge. of integrity, a dedicated public servant, will always agree. It does mean we In conclusion, God bless our troops, and a trusted friend to many. He has should seek unity in those disagree- and we will never forget September the been instrumental in making Lenawee ments. 11th in the global war on terrorism. County a better and safer place to call We do not need to see eye to eye to f home. walk hand in hand. I thank Sheriff Welsh for his decades If, as a Nation, we seek to remain ETHYLENE OXIDE of distinguished service, and I wish him strong into the 21st century, we must (Mr. SCHNEIDER asked and was nothing but the best as he begins his stand united through our differences. given permission to address the House retirement.

VerDate Sep 11 2014 00:09 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.010 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2111 SUPPORT FOR SEPTEMBER 11 That is why Representative COLLIN Mr. MOULTON. Mr. Speaker, last VICTIM COMPENSATION FUND PETERSON and I have joined together to year I attended a rally where the fa- (Mr. ROSE of New York asked and introduce the Ensuring Lasting Smiles ther of a gunshot victim spoke, and he was given permission to address the Act, a bipartisan bill that would di- talked about all the things that he and House for 1 minute.) rectly address this issue and ensure other people around this country are Mr. ROSE of New York. Mr. Speaker, that we don’t have to tell children like doing to end senseless gun violence. I rise today to urge all my colleagues Kannon that their health condition Then he turned to the crowd and to support the Never Forget the He- isn’t valued by insurance companies. asked: But what is Congress doing? roes: Permanent Authorization of the As the original sponsor on the Repub- And tens of thousands of Americans, as September 11th Victims Compensation lican side, I am proud to put my name if they had rehearsed it hundreds of Fund Act because it is the right thing on this bill and ask my colleagues on times, all said in unison: ‘‘Nothing.’’ to do. both sides of the aisle to support it. But what is Congress doing? Nothing. I would like to thank my fellow New ELSA would ensure all health plans Standing in that crowd was not a Yorkers CAROLYN MALONEY, PETE KING, cover medically necessary services, in- proud moment for me, because he is and JERRY NADLER, who have led this cluding reconstructive surgeries that right. Mr. Speaker, 37 Americans have died fight for years, and LEE ZELDIN, who are a result of congenital anomalies or will work with me to build bipartisan birth defects. from gun violence in my district alone support amongst the freshman class. If enacted, this life-changing bill will in the past 5 years. Gun violence is now Because 9/11 wasn’t just an attack on allow the Koser family the opportunity the second leading killer of young peo- New York City; Washington, D.C.; and to save for Kannon’s college rather ple Nationwide, trailing only car acci- a field in western Pennsylvania; 9/11 than spend money on reconstructive dents. was an attack on our entire country. surgery. For too long, Congress has done ex- This was an attack on the United Commonsense reforms like this will actly what the crowd said: nothing. States of America and everything that help children like Kannon grow up This week, we are putting forth legis- we stand for. healthier and have a better quality of lation to enhance background checks, But what thousands of these 9/11 he- life. but this alone isn’t enough. Thoughts roes and their families now face is Hi, Kannon. We will see you later, and prayers won’t cut it. Only action being forgotten because the Victims Buddy. saves lives. This is just a start. Compensation Fund, which supports The SPEAKER pro tempore. Mem- f these families and these heroes in all 50 bers are reminded to refrain from ref- b 1215 States, is running out of money and erencing occupants of the gallery. WELCOMING THE MAYORS COUN- cutting benefits by 50 to 70 percent. f That is wrong. And if we fail to make CIL ON RAHWAY RIVER WATER- IGNORING OUR CONSTITUTIONAL SHED FLOOD CONTROL this right, shame on us. Shame on any- BORDERS one who says ‘‘never forget’’ and then (Mr. MALINOWSKI asked and was turns their backs and pretends this (Mr. DOGGETT asked and was given given permission to address the House doesn’t affect their State or their dis- permission to address the House for 1 for 1 minute.) trict or they’re suddenly fiscally re- minute.) Mr. MALINOWSKI. Mr. Speaker, sponsible. Mr. DOGGETT. Mr. Speaker, the se- today I rise to welcome the Mayors Shame on anyone who says that we rious border emergency that America Council on Rahway River Watershed can’t afford to do this while we spend is confronted with today is an emer- Flood Control to Washington. They trillions of dollars on bombs in Afghan- gency that Donald Trump has created represent towns in and around New istan. by ignoring borders—ignoring the bor- Jersey’s Seventh District and are here When it comes to doing what is right, ders set forth in our Constitution, bor- to ask our help to stop the flooding it is about keeping our promises and ders that were set forth to prevent an that hurts thousands of people in our honoring those who put their lives on all-powerful executive, a would-be communities. the line and didn’t ask for anything in king, or the type of tyrant that Trump For years, homeowners near the Rah- return. so admires abroad. way River have lived under the con- Now is the chance to put action be- After Congress repeatedly rejected stant threat of flooding that devastates hind the words ‘‘never forget.’’ his phony border crisis and wasteful businesses and homes whenever there f wall, Trump decided: build it anyway. are heavy rains. The last major flood Well, today’s emergency wouldn’t was in 2011, when Hurricane Irene rav- ENSURE HEALTH PLANS COVER have happened without two years of aged the East Coast. The town of MEDICALLY NECESSARY SERVICES Republicans who have continued to Cranford was the worst hit, with 1,600 (Mr. RIGGLEMAN asked and was yield the right-of-way to his creeping homes sustaining damage worth $40 given permission to address the House wrongdoing—more and more of it—Re- million. for 1 minute and to revise and extend publicans who can just never summon Our mayors have presented a pro- his remarks.) the ability to say ‘‘no’’ to Trump. posed solution to the Army Corps of Mr. RIGGLEMAN. Mr. Speaker, I rise Today, we must reject this unconsti- Engineers and are now asking for a fea- today to speak for Kannon Koser, a tutional power grab that diverts re- sibility study to be completed. This constituent and friend of mine who is sources from real threats to an imagi- will get us one step closer to author- with his family in the gallery this nary, politically contrived one. izing construction on the Rahway afternoon. Today, we defend our Constitution River Basin. Mr. Speaker, 3-year-old Kannon is and our democracy by pushing back on Mr. Speaker, this is a solvable prob- one of 4 percent of children in the the lies, the deceit, the anti-immigrant lem. We need to start now. I will do ev- United States who is born with a con- hysteria, and the fear-mongering mis- erything I can to support our mayors’ genital anomaly—in his case, management of this administration. call to action and expedite this process hypohidrotic ectodermal dysplasia. The SPEAKER pro tempore. Mem- so that we do not have to be pulling Most health plans provide coverage bers are reminded to refrain from en- people out of second-floor windows in for congenital anomalies, and many gaging in personalities toward the suburban New Jersey, so people up and States require insurers to provide cov- President. down the Rahway River can feel safe in erage of any health services related to f their homes. congenital anomalies. f Despite this, health plans systemati- GUN VIOLENCE cally and routinely deny claims and ap- (Mr. MOULTON asked and was given ADDRESSING THE EPIDEMIC OF peals for any oral or dental related pro- permission to address the House for 1 GUN VIOLENCE cedures under the pretense that such minute and to revise and extend his re- (Mr. LEVIN of California asked and service is merely cosmetic. marks.) was given permission to address the

VerDate Sep 11 2014 01:05 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.012 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2112 CONGRESSIONAL RECORD — HOUSE February 26, 2019 House for 1 minute and to revise and CONGRESS OF THE UNITED STATES, mittee met and reported a rule, House extend his remarks.) HOUSE OF REPRESENTATIVES, Resolution 144, providing for consider- Mr. LEVIN of California. Mr. Speak- Washington, DC, February 25, 2019. ation of H.J. Res. 46, relating to a na- er, I rise today to mark a monumental Hon. NANCY PELOSI, tional emergency declared by the Speaker, House of Representatives, occasion for this Chamber. For the Washington, DC. President on February 15, 2019. first time in decades, this body will DEAR MADAME SPEAKER: This is to notify The rule provides for consideration of take up major legislation to address you formally, pursuant to Rule VIII of the the legislation under a closed rule. The the epidemic of gun violence in this Rules of the House of Representatives, that rule provides 1 hour of debate equally country. I am a proud cosponsor of the Committee on Energy and Commerce has divided and controlled by the chair and H.R. 8, bipartisan legislation to require been served with a subpoena for documents ranking member of the Committee on a background check on every gun sale issued by the United States District Court Transportation and Infrastructure. for the Central District of California. or transfer. After consultation with the Office of Gen- Additionally, the rule provides that I know the vast majority of my con- eral Counsel, I have determined that compli- the provisions of section 202 of the Na- stituents support this step, including ance with the subpoena is not consistent tional Emergencies Act shall not apply Renae Greg, a woman from Carlsbad, with the privileges and rights of the House. during the remainder of the 116th Con- who was simply trying to enjoy a coun- Sincerely, gress to a joint resolution terminating try concert when she was forced to FRANK PALLONE, JR., the national emergency declared by the dodge bullets at a Las Vegas shooting. Chairman. President on February 15, 2019. This I know that Lonna Leghart, a con- f provision was included to avoid privi- stituent from Vista, supports this com- PROVIDING FOR CONSIDERATION leged legislative action on redundant monsense legislation. Her sister Kim- OF H.J. RES. 46, TERMINATION resolutions. berly, tragically, lost her life as a re- OF NATIONAL EMERGENCY DE- Mr. Speaker, today we must stand up sult of gun violence in my district. CLARED BY THE PRESIDENT ON for democracy; we must stand up for It is on their behalf and on behalf of FEBRUARY 15, 2019 the rule of law; and, most importantly, all Americans who are impacted by we must stand up for the United States Mrs. TORRES of California. Mr. daily gun violence in this country that Constitution, the Constitution that we Speaker, by direction of the Com- I will support H.R. 8, and I hope all of took an oath to defend when we were mittee on Rules, I call up House Reso- my colleagues will stand with us. sworn into office. lution 144 and ask for its immediate There is so much more that we need Mr. Speaker, the Constitution we consideration. swore to defend granted Congress the to do to fully address the epidemic of The Clerk read the resolution, as fol- power of the purse. That means Con- gun violence, but today it is a huge lows: step for Renae, Lonna, and families gress decides how we spend the Amer- H. RES. 144 across this country. ican people’s hard-earned money. Resolved, That upon adoption of this reso- Congress spoke when we passed, and f lution it shall be in order to consider in the House the joint resolution (H.J. Res. 46) re- President Trump signed, a spending REVERSE PRESIDENT TRUMP’S bill that granted him $1.4 billion for EMERGENCY DECLARATION lating to a national emergency declared by the President on February 15, 2019. All points fencing along the border. Now Presi- (Mrs. KIRKPATRICK asked and was of order against consideration of the joint dent Trump is acting like a dictator by given permission to address the House resolution are waived. The joint resolution ignoring Congress and declaring a na- for 1 minute and to revise and extend shall be considered as read. All points of tional emergency. As a result, billions her remarks.) order against provisions in the joint resolu- of taxpayer dollars would be taken Mrs. KIRKPATRICK. Mr. Speaker, tion are waived. The previous question shall from high-priority military construc- the President has set a dangerous be considered as ordered on the joint resolu- tion and on any amendment thereto to final tion projects that ensure our troops precedent by crying wolf in the name passage without intervening motion except: have the essential training, readiness, of national emergency. (1) one hour of debate equally divided and and quality of life necessary to keep I represent parts of the southern Ari- controlled by the chair and ranking minority the American people safe. zona border. My community knows the member of the Committee on Transportation Mr. Speaker, as a former member of border. We know the further away from and Infrastructure; and (2) one motion to re- the Foreign Affairs Committee, I have the border you live, the more fictional commit. visited countries where the rule of law the border narrative. SEC. 2. The provisions of section 202 of the takes a backseat to the whims of their National Emergencies Act (50 U.S.C. 1622) Border crossings are down to one- shall not apply during the remainder of the Presidents. Just look at Venezuela, fifth of what they were in 2000, and ap- One Hundred Sixteenth Congress to a joint where Nicolas Maduro has removed prehensions are at their lowest level in resolution terminating the national emer- every single obstacle to his power. more than four decades. Those are gency declared by the President on February When he objected to the rulings of facts. 15, 2019. the judges, he ended their terms early Instead of protecting our national se- The SPEAKER pro tempore. The gen- and replaced them with his political al- curity, the President’s declaration tlewoman from California is recognized lies. When the democratically elected makes America less safe. The Presi- for 1 hour. congress didn’t agree with him, he cre- dent is stealing billions from high-pri- Mrs. TORRES of California. Mr. ated a new congress filled with his sup- ority military construction projects Speaker, for the purpose of debate porters. that ensure our troops have the essen- only, I yield the customary 30 minutes Last year, he even banned prominent tial training and resources they need to the gentleman from Georgia (Mr. opposition leaders from running into to keep the American people safe. WOODALL), pending which I yield my- the Presidential election. He has de- We will not sit by when the President self such time as I may consume. Dur- monized the press and even took CNN abuses his power. I am confident that ing consideration of this resolution, all en Espanol off the air. Last night, he my Republican colleagues will regret time yielded is for the purpose of de- detained one of America’s journalists, supporting this false national emer- bate only. Jorge Ramos, of Univision. gency when there is a Democrat in the GENERAL LEAVE Fighting with judges, manipulating White House. Mrs. TORRES of California. Mr. elections, attacking the press. Mr. f Speaker, I ask unanimous consent that Speaker, does any of this sound famil- all Members be given 5 legislative days iar? COMMUNICATION FROM CHAIR OF to revise and extend their remarks. Now you have a situation where food COMMITTEE ON ENERGY AND The SPEAKER pro tempore. Is there is so scarce that the average Ven- COMMERCE objection to the request of the gentle- ezuelan has lost 24 pounds in the last The SPEAKER pro tempore laid be- woman from California? year and more than 3 million have fled fore the House the following commu- There was no objection. the country. The Maduro presidency, nication from the chair of the Com- Mrs. TORRES of California. Mr. now that is a true national emergency mittee on Energy and Commerce: Speaker, on Monday, the Rules Com- for the people of Venezuela.

VerDate Sep 11 2014 01:53 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.014 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2113 The collapse of democratic institu- took him 1 minute and 6 seconds to unconstitutional delegation of power tions is also happening in Nicaragua read the resolution that is before us. by the Congress, but the Congress dele- and Guatemala. The President of Gua- I heard my friend from California gated that power in the National Emer- temala and his allies in congress are talk about the important constitu- gencies Act. taking the country down the same tional questions that are here before us The way we talk about this issue, Mr. path, removing every check on their today. I heard my friend from Cali- Speaker, you would think this is the power. They have expelled the inter- fornia equate our President to discred- first time you and I have seen this in national prosecutors who dared to in- ited despots around the globe and how the few years we have been in Con- vestigate them. we must stand up to prevent that be- gress. Of course, you and I know that is And just as Guatemala’s Government havior here in America. I heard my col- nonsense. has tried to undermine and leagues who took to the floor this There are 31 other national emer- delegitimize the police and prosecutors morning for 1 minutes be sanctioned by gency declarations in effect today—31 who are investigating, President the Chair and advised to cease engag- other national emergency declarations. Trump has called Robert Mueller’s in- ing in arguments of personality and at- National emergency declarations from vestigation a ‘‘witch hunt’’ and deni- tacks against our President. the Obama administration are still ac- grated the brave men and women of the One minute and 6 seconds it took to tive today. FBI. read the resolution before us today, If we are so concerned about Article Mr. Speaker, we cannot allow this Mr. Speaker, and that is 1 minute and I and Article II power grabs, perhaps President—or any President, Repub- 6 seconds longer than this resolution these emergency declarations that lican or Democrat—to take us down has been considered in total in every have been on the books since the last the same path as Venezuela, Guate- committee throughout this Capitol. administration, Congress should deal mala, and Nicaragua, all to build a I want to say that again. You heard with those affirmatively here on the wasteful and ineffective wall along our my colleague talk about how critically floor. southern border. important this resolution of dis- There are national emergency dec- These women and children coming approval is as it relates to our con- larations still in effect from the Bush from Central America do not represent stitutional powers. You heard it de- administration. There are national a national emergency. That is why 58 scribed as a power grab equivalent to emergencies still in effect from the former national security officials, both those of discredited despots. And we Clinton administration. Mr. Speaker, Republicans and Democrats, issued a haven’t talked about it at all in this there are national emergencies still in statement saying there is ‘‘no factual Chamber. In committees, not one wit- effect from the Carter administration. basis’’ for the President’s emergency. ness has testified. This House has made not a single effort Our call to duty today is to protect, One minute and 6 seconds is how to draw back that power from 1600 to defend our Constitution. We will much we have invested in these nation- Pennsylvania Avenue. vote, and we will see how many in this ally important matters. Those are legitimate questions. body have that same respect for the I listened, Mr. Speaker, as you cau- Those are important questions. Those rule of law. tioned Member after Member to cease are things that bring us together as the engaging in personal attacks on the people’s representatives in this House, b 1230 President during their 1 minutes this not bills designed just to poke a stick Mr. Speaker, I urge our Republican morning. Mr. Speaker, I am concerned at a President who has real passion and colleagues to join us in this effort. It is that that is exactly what we are doing real conviction about issues of real im- not too late for my colleagues across here today. portance. the aisle to tell the President that this If you want to have a debate about Do you know what is in this resolu- is wrong, that the Constitution that we Article I and Article II powers and how tion today, Mr. Speaker, what is in this swore an oath to uphold really mat- we ought to retrieve the power that has disapproval resolution today, that will ters. slid down Pennsylvania Avenue make a difference on the border in We stand here today to stop this through administration after adminis- terms of ending human trafficking? power grab of our own democracy. A tration after administration, I am not Not one thing. ‘‘yes’’ vote will affirm our democracy. just your willing partner, I am your en- Do you know what is in this resolu- A ‘‘no’’ vote further erodes the trust in thusiastic partner and passionate advo- tion today that, if we come together to our democracy and, again, expands ex- cate. But that is not the bill we have pass, will make a difference in terms of ecutive power. before us today. It is not the debate we drug trafficking on the border? Not one Mr. Speaker, I ask my colleagues on are going to have today. thing. which side they stand. This is another in a long string of What about if we come together to Mr. Speaker, I reserve the balance of measures that have been brought to pass this resolution today for the very my time. the floor of this House that could have serious issue of weapons trafficking Mr. WOODALL. Mr. Speaker, I yield been brought in a bipartisan way. I across our border? Do you know what myself such time as I may consume. don’t mean one Republican; I don’t we will do today to fix that? Not one Mr. Speaker, I want you to know it mean two Republicans; I mean the ma- thing. flatters both me and the gentlewoman jority of Democrats and the majority Victims of sexual assault as they are from California that you have made it of Republicans standing together to being trafficked into this country, do your habit to be down here during speak with one voice on behalf of the you know what we are going to do to Rules Committee time. It is good to American people. But time and time fix that today? Not one thing. know that you respect what we do up- again, we are missing that oppor- Do you know how many Dreamers stairs as much as the members of the tunity. are going to have their hopes realized committee do. This isn’t a constitutional issue today with a pathway to permanency I always enjoy coming down for the today, Mr. Speaker, though you would here in the United States of America? Rules Committee debate, because it is not know that, because we have not Not one. the only debate on all of Capitol Hill had any witnesses testify. This is a leg- Man, we are good at bringing issues where the Reading Clerk reads every islative issue before us today. that are designed to poke each other in single word of the bill that we are There is, in fact, a National Emer- the eye. We are so good at bringing about to consider. Ordinarily, we waive gencies Act that allows the President issues designed to try to embarrass one that, but the rules don’t let you waive to do extraordinary things if he or she and boost another. But I have to tell it. You have to read the rule so folks decides there is a national emergency. you, Mr. Speaker, we are not so great will understand what is happening That is not unconstitutional. Congress with actually solving real problems. today. passed the National Emergencies Act; For the first time in my congres- I happened to time the Reading Clerk the President signed the National sional career just last Congress, Mr. today. I didn’t put him up to anything Emergencies Act. Perhaps the Supreme Speaker, we brought a bill to the floor special. He read as he always does. It Court one day will decide that was an that would have provided permanency

VerDate Sep 11 2014 01:05 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.016 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2114 CONGRESSIONAL RECORD — HOUSE February 26, 2019 for our Dreamers and that would have check and went without a paycheck for Let me be very clear, as my friends provided solutions on our border for 35 days. Yet my colleagues on the other always cite illegal immigration, I want human trafficking, for weapons traf- side of the aisle could not find 1 minute to make sure that any criminal, no ficking, and for drug trafficking. You and 6 seconds to give them a paycheck, matter who they are, who does any in- know how many Democratic votes we to open up the Federal Government, to jury to anyone in the United States, got on that bill, Mr. Speaker? Not one. do their duty. count me as standing on the side of Now, to be fair, it wasn’t one bill; it Instead, in the Rules Committee, we bringing that person to justice. But was two bills. Folks said, hey, if this took up an emergency order on label- that is not what is happening at the one is not the right one, let’s bring an- ing of cheese curds. They found that to border. be more important than the lives and other one. Maybe this is going to bring b 1245 people together. the families of 800,000 Federal workers. Do you know how many votes we got Mr. Speaker, I yield 3 minutes to the Therefore, I would ask the adminis- on the second bill, Mr. Speaker, from gentlewoman from Texas (Ms. JACKSON tration to attend themselves to the the other side of the aisle? Not one. LEE). Constitution, to recognize the dif- The only bills that have come to the Ms. JACKSON LEE. Mr. Speaker, let ficulty or the wrongness of distorting me thank the gentlewoman from Cali- floor to provide a pathway for Dream- the purposes of the United States Con- fornia for her astuteness, and, cer- gress, the House, that has the purse ers in my 8 years in Congress, and we tainly, the manager of this legislation, strings by calling it a national emer- got not one vote from the other side and our friends on the other side of the gency. My God, if we were to have one, the aisle. aisle. would this Nation even understand how Is that because the other side of the Mr. Speaker, I simply want to try to to implement it because they are hear- aisle doesn’t believe in those solutions? craft the importance of H.J. Res. 46 ing it being declared in a very foolish No, that is not why. It is because the that we will ultimately be debating way? other side of the aisle, in its wisdom, today. As an original cosponsor, I was I conclude by simply saying that 58 deemed that to be a resolution not de- quick to try to bring order and to rec- people in national security, Mr. Speak- signed to support the Dreamers, but de- ognize the importance of the Constitu- er—58 of them—have indicated this is signed to divide. I disagree with that tion. wrongheaded and jeopardizes our na- conclusion, but that is the conclusion Clearly, the statute might be inter- tional security. that was made. Thus, the only oppor- preted to be used in a reckless manner. Mr. Speaker, I ask my colleagues to tunity in a decade we have had to sup- But it is precise in that it deals with vote for the resolution that I have co- port Dreamers, not one Democrat stood the necessity of building military con- sponsored, H.J. Res. 46. up and said yes. struction and other matters in the Mr. WOODALL. Mr. Speaker, it is my I call that a failed opportunity, and I course of war that are an emergency. great pleasure to yield 3 minutes to the am not interested in figuring out who It might even cover rising gun vio- gentleman from Alabama (Mr. is to blame for that failed opportunity. lence, the fact that we have more guns BROOKS). This is a failed opportunity today, in the United States than we have citi- Mr. BROOKS of Alabama. Mr. Speak- too, Mr. Speaker. Sadly, it is another zens. er, in fiscal year 2018, more than 2,000 in a series of failed opportunities here It might be that if there was a pend- illegal aliens were apprehended by Fed- in 2019. ing war on the southern border, one eral agents for homicides committed I believe my colleagues are going to might determine that that is the case. on American soil. Worse yet, roughly see through the divisiveness of this res- It might be that, in 2001, the first 31,000 Americans die each year from olution, through the charade of con- sense of terrorism came when an indi- heroin and cocaine overdoses, 90 per- stitutionalism right down to the very vidual crossed the northern border to cent of which floods across America’s core of partisanism that underlies this attack the United States. If that had porous southern border. Hence, we can resolution. continued with throngs of terrorists expect at least 33,000 dead Americans But just remember, 1 minute and 6 coming across the northern border, the each year until America secures our President then might have declared a seconds, Mr. Speaker. Before I took to porous southern border. the microphone today, 1 minute and 6 national emergency. For perspective, the 9/11 terrorist at- But we do not have that, Mr. Speak- seconds from the Reading Clerk is all tacks killed roughly 3,000 people. In re- er. What we have is a person’s desire. the time this new Congress has dedi- We understand that the apprehen- sponse, America invaded Iraq and Af- cated to an issue that you are going to sions at the southern border have actu- ghanistan at a cost of trillions of dol- hear from my colleagues again and ally gone down. The combined 521,000 lars and, roughly, 7,000 lost military again is one of critical national impor- apprehensions for border and Customs personnel lives. tance, international importance, con- agents for fiscal year 2018 was 32,288 ap- Saving Americans should be a bipar- stitutional importance. How can those prehensions fewer. tisan issue, yet here we are. Repub- things be true? Those who are coming across the bor- licans seek to prevent another 33,000 Mr. Speaker, I reserve the balance of der in the last 6 to 8 months are com- dead Americans this year, while par- my time. ing across as mothers and children flee- tisan Democrats seek to embarrass and Mrs. TORRES of California. Mr. ing the catastrophe of bloodshed in stop President Trump from securing Speaker, I yield myself as much time Honduras, Guatemala, and El Salvador. America’s porous southern border and as I may consume. These are people desperate for help. saving American lives. Mr. Speaker, I can think of many They are coming through legal ports of For emphasis, no national emergency other things that we could be talking entry. in history has been prompted by more about that truly, truly, truly call out How do I know that? I have stood and dead Americans than President and scream out for a national emer- watched them come. I have spoken to a Trump’s national emergency declara- gency. mother whose baby was 45 days old. tion. As such, I support President Homelessness in our communities: She had birthed on her road here, not Trump’s national emergency declara- Thousands of people in our commu- because she just wanted a vacation, but tion and will vote accordingly. nities sleep on a street, under a bridge, because they had committed to decapi- Mr. Speaker, how many dead Ameri- children sleeping in vehicles every sin- tating her if she did not leave town im- cans does it take for open border advo- gle night. mediately, meaning leave one of the cates to support border security? How I think about the opioid epidemic, countries. It was my plea that got her much American blood must be on and how many of our families are sim- to be able to go to a hospital. I held lit- guilty hands before Congress recog- ply immune to the issues around drug tle Roger in my hands, who is 9 months nizes the national emergency we face abuse and how addiction overcomes old. He had been separated at the bor- at America’s southern border? Amer- them? der from his family. ica’s military protects the borders of, I think about last year around These are the issues that are being and lives in, South Korea, Iraq, Syria, Christmastime when 800,000 of our Fed- addressed at the border. There is no ca- Afghanistan, many other countries, eral workers were going without a pay- tastrophe. and Europe.

VerDate Sep 11 2014 01:05 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.018 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2115 I thank President Trump, as Com- Now, is it a national emergency? I Mr. WOODALL. Mr. Speaker, I yield mander in Chief, for understanding will tell you, I had as my guest to the myself such time as I may consume. that America, and Americans, deserve State of the Union someone who is re- Mr. Speaker, if we defeat the pre- no less protection. ferred to as an angel dad. This is an in- vious question, I will offer an amend- Mr. Speaker, let me conclude by not- dividual who went and put on the uni- ment to the rule to bring up the text of ing that dead Americans, Americans form and fought for his country in H.R. 962, the Born-Alive Abortion Sur- killed by illegal aliens as a con- Iraq. While he was there, unfortu- vivors Protection Act. sequence of porous borders, had nately, his wife got ill and died, and he Mr. Speaker, I ask unanimous con- dreams, too. We, as a Congress, should came home. Now he is a single dad, and sent to insert the text of my amend- remember and honor those dreams and he is taking care of his only child, a ment in the RECORD, along with extra- act accordingly and protect this na- daughter. That daughter, unfortu- neous material, immediately prior to tional emergency to protect American nately, was hit by a car on the street the vote on the previous question. lives by securing our porous southern that was driven by someone who did The SPEAKER pro tempore. Is there border. not have legal status to be in this objection to the request of the gen- Mrs. TORRES of California. Mr. country. tleman from Georgia? Speaker, I yield myself such time as I Several months later, Chris came to There was no objection. may consume. me and said: Congressman, I did my Mr. WOODALL. Mr. Speaker, if we Mr. Speaker, we can talk about the job. I put on the uniform. I went and pass the resolution, as my friends on scary people from our southern border. defended my country. Mr. Congress- the other side of the aisle have pre- I am not that scary looking, am I? I man, I did my job, and if you had been sented it, we will save not one single think not. The fact is that the number doing yours, my daughter would be life. If we defeat the previous question one trading partner for California and here today. and move on to H.R. 962, we will, in Texas is Mexico, a friendly country. President Trump has taken that fact, save lives. For Central America, we are standing mantle very seriously. It is his goal, it Mr. Speaker, to speak to that issue, I up for our responsibility to uphold de- is his requirement, to defend our coun- yield 4 minutes to the gentlewoman mocracy in the Northern Triangle, to try at the southern border, and the from Missouri (Mrs. WAGNER), my address the root cause of migration. President will do just that. friend and a great leader in our con- That is where our focus should be. If you read the history of emergency ference. Do we need an immigration reform declarations in the past, you will find a Mrs. WAGNER. Mr. Speaker, I thank package that brings 11 million people number of them. Some, perhaps, you the gentleman for yielding. out of the shadows? Absolutely. These might agree with; some, perhaps, you Mr. Speaker, if we, indeed, defeat the are the 11 million people who our agri- might disagree with. But since the previous question, we will allow consid- cultural partners depend on to deliver founding of our country, it has been eration of H.R. 962, the Born-Alive fresh food to our table. But we are not recognized that it has been the purview Abortion Survivors Protection Act. doing that here. What we are doing under Article II powers for the Presi- I introduced this legislation because here, what the President has chosen to dent of the United States to be able to the Constitution clearly states that all do, is political theater, political the- exercise that emergency declaration. It persons born in this country are enti- ater for 2020. was codified in the 1970s in a law that tled to life, liberty, and equal protec- In essence, a vote against this resolu- is now the one that brings this forward tion under the law. The Constitution tion means a vote against the families today, that brings forward this resolu- does not put age limits on those who of the military people who are depend- tion of disapproval. are entitled to life. ing on us to provide infrastructure, If you don’t like the law that allows I am horrified, Mr. Speaker, that schools for their children to learn, and the President to declare an emergency, many in the United States Senate, quality housing. change the law. You are the majority. many Democrats, flagrantly violated Do Democrats think and believe that You control the Rules Committee. the United States Constitution last fortifying our borders is important? Change the law. night and voted down the Born-Alive Absolutely. We have committed bil- What is interesting about this is, last Act, embracing, in fact, infanticide. lions of dollars to ensure that we stop night, in the Rules Committee, when Pro-abortion politicians used to say the narcotrafficking that happens at we considered Mr. CASTRO’s resolution, life begins at birth. Now it is more un- our ports of entry. That is where it is we didn’t consider it. We didn’t have a clear than ever when they believe that happening. single witness. Mr. CASTRO, I felt like life actually begins or whether they We need to work together on these sending Capitol Police out to find him. even believe that living and breathing issues, not relinquish our responsibil- There was no one there to testify in human beings should be protected ities, our legislative responsibility, and favor of his resolution. The Rules Com- under the law. the power of the purse that we hold. mittee seemed perfectly agreeable to I would like to commend three Demo- Mr. Speaker, I reserve the balance of accepting this without any debate crats, in fact—Senators BOB CASEY, my time. whatsoever. JOE MANCHIN, and DOUG JONES—who Mr. WOODALL. Mr. Speaker, I yield Mr. Speaker, I urge Members to vote defended the basic rights of newborn 3 minutes to the gentleman from Texas against this ill-advised motion to dis- children and voted for my legislation (Mr. BURGESS), a member of the Rules allow the President’s declaration of an last evening in the United States Sen- Committee. emergency. Allow the President to do ate. Mr. BURGESS. Mr. Speaker, I thank the job he was elected to do and secure I introduced this legislation because the gentleman for yielding. the southern border. it is just common sense. I am shocked Mr. Speaker, I came to the floor to Mrs. TORRES of California. Mr. that there are prominent American urge Members to vote against this ill- Speaker, political theater, political legislators who believe in denying ba- advised resolution to disallow the posturing for 2020, that is what we are bies lifesaving medical care when they President’s declaration for emergency hearing. are born. funding on the border. This is the law. This is the Rules As a mother, a grandmother, a legis- In 2006, I was in Congress, and Con- Committee moving forward a piece of lator, and an advocate who came to gress voted for the Secure Fence Act. legislation that will prevent the Presi- Congress to serve as a voice for the With the Secure Fence Act, under dent from calling a bogus national voiceless, I believe that life begins at President Bush, 400 miles of border emergency, from stealing money from conception and that it is wrong to kill fence was built. Under President our troops, from taking from those who a child no matter how many weeks old Obama, an additional little over 100 don’t have and those who are giving ev- he or she may be. But I am grieved to miles was built. Now President Trump erything that they have to protect our find that I now must defend something has asked for a little over 200 miles to Nation. Political posturing for 2020. that I never thought we would have to be built to provide security for Amer- Mr. Speaker, I reserve the balance of fight for: lifesaving care for babies born ica. my time. alive.

VerDate Sep 11 2014 01:05 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.020 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2116 CONGRESSIONAL RECORD — HOUSE February 26, 2019 In response to radical legislators who our authority at any cost. I am proud Mrs. TORRES of California. Mr. are promoting not just late-term abor- to cosponsor this resolution to put a Speaker, I yield 2 minutes to the gen- tions but infanticide, it is essential strong check on this President and ter- tleman from Rhode Island (Mr. that we come together to protect chil- minate his ability to declare this fake CICILLINE). dren. national emergency. Mr. CICILLINE. Mr. Speaker, I thank the gentlewoman for yielding, and I b 1300 I call on my Republican colleagues and the Senate to vote ‘‘yes’’ on this rise in strong support of the rule and So today, I am here to ask—no, Mr. rule and ‘‘yes’’ on this resolution. It is resolution to rescind the President’s Speaker, I am here to implore—my col- past time to stand up for the Constitu- unnecessary and unconstitutional na- leagues to right the wrong that the tion and to stand up for our immigrant tional emergency declaration. Senate has committed and defeat the communities and to stand up for our Mr. Speaker, having visited the previous question, and at least allow three branches of government. southern border multiple times in the the debate to support H.R. 962, the The SPEAKER pro tempore. Mem- past year, including just last month Born-Alive Act here in the people’s bers are reminded to refrain from en- when I met with Customs and Border House. gaging in personalities toward the Patrol officials, I can say without any Mr. Speaker, this should not be a President and to refrain from wearing question that there is no emergency at partisan issue. Congress must never communicative badges while under rec- the border. We as a nation face serious chal- stop fighting to ensure that every sin- ognition. lenges in reforming our immigration gle newborn baby in the United States Mr. WOODALL. Mr. Speaker, at this system and stemming the flow of ille- of America receives lifesaving care, no time, I yield 4 minutes to the gen- gal drugs into our country. However, a matter their sex or their race or eth- tleman from Oklahoma (Mr. COLE), an border wall will do nothing to address nicity or whether or not they are want- appropriator and ranking member of ed and cuddled and wrapped into that these challenges. the Rules Committee. Research consistently shows that the first warm hug that they deserve. Mr. COLE. Mr. Speaker, I thank the vast majority of illegal drugs coming The Born-Alive Act is the simplest gentleman from Georgia (Mr. to this country through the border are vote any of us can take: Do you sup- WOODALL), my good friend, for yielding. smuggled through legal ports of entry, port babies receiving lifesaving care Mr. Speaker, I rise today in support and most illegal immigration is as a after they are born, or would you deny of the Born-Alive Abortion Survivors result of people overstaying their visas. these innocent children that care and Protection Act. If we defeat the pre- All this declaration will do is divert allow them to be left to die and be dis- vious question, we will bring up the $6.7 billion away from critical military carded? text of this important piece of legisla- construction projects and drug inter- This is bipartisan legislation, Mr. tion to defend life. diction operations, hampering our Na- Speaker. Last year, six of my Demo- Frankly, Mr. Speaker, I am mystified tion’s military readiness and making it cratic colleagues joined me in voting as to why the majority is loath to ac- more difficult to address real chal- for the Born-Alive Act. tually make this vote. Indeed, they lenges. These are funds that would be I hope that we will bring this bill to have been doing backflips to avoid al- better used on projects to improve and the floor for debate so that many more lowing the House to actually go on build new military family housing or of my colleagues can go on the record record on this important issue. make improvements to National Guard and vote to stand with America’s This bill is a commonsense approach and Reserve facilities throughout our mothers and children. to protecting our Nation’s most vulner- country. Mr. Speaker, I urge my colleagues to able. It amends the Federal Criminal Mr. Speaker, we should not be spend- defeat the previous question. Code simply to require that any doctor ing a single day wasting time on this Mrs. TORRES of California. Mr. present when a child is born alive fol- ridiculous, misguided executive order Speaker, I yield 2 minutes to the gen- lowing an abortion or attempted abor- from the President. There is no emer- tlewoman from California (Ms. LEE). tion must provide the child with the gency at the border. Illegal border Ms. LEE of California. Mr. Speaker, same degree of care as he or she would crossings are at a 40-year low. The let me thank the gentlewoman for provide any other child. The bill also President’s own intelligence commu- yielding and, also, for her tremendous requires that any such child is imme- nity, when they did their worldwide leadership on the House Rules Com- diately admitted to a hospital. threat assessment, testified and didn’t mittee. Mr. Speaker, as we have seen in re- mention the southern border—and cer- Mr. Speaker, I rise today in strong cent weeks, many people in elected po- tainly did not identify it as an emer- support of the rule and Congressman sitions do not appear to appreciate the gency. CASTRO’s resolution to stop President need to provide for protections for our Instead of wasting time on this, we Trump’s fake, so-called national emer- most vulnerable Americans newly should be getting back to the work of gency at the border. born, but it is clear that current law driving down prescription drug prices, Let me be clear: This emergency dec- fails to provide adequate protections focusing on rebuilding the infrastruc- laration is a blatant attempt to sub- for newborns who survive an abortion ture of our country, and passing H.R. 1 vert the Constitution and get around attempt. This bill draws a sorely need- to get government working again for Congress’ sole power of the purse. Let ed bright line of protection around the people of this country and not the special interests. me remind you also, that this is a de- abortion survivors and requires that Mr. Speaker, I urge my colleagues to mocracy, not a dictatorship. We have they be given the same level of care as approve the rule, vote for the resolu- three branches of government, not one, any other premature infant. tion, and end the President’s unconsti- and Congress has the power of the As stewards of the law of this coun- tutional, excessive use of power at- purse strings. try, Mr. Speaker, protecting the most tempting to circumvent the will of the Also, let’s make one thing clear: vulnerable, including the unborn, American people. There is no emergency at the border. should be one of Congress’ basic re- The American people decide through The only crisis at the border is the hu- sponsibilities. their elected Members of Congress how manitarian crisis that the President Since entering Congress, I have made their tax money will be spent. The created himself through his hateful the protection of life one of my highest President is attempting to throw the family separation policies. priorities. I believe that all Members Constitution away, circumventing that And instead of protecting our na- should have that same priority. Today, process, and we cannot permit that to tional security, this President is doing we can take a step toward making this happen. just the opposite: He is stealing money a reality by defeating the previous Mr. Speaker, I thank the gentle- from military construction projects to question and bringing up the Born- woman for yielding. try to build an unauthorized wall. Alive Survivors Protection Act for a Mr. WOODALL. Mr. Speaker, at this As a member of the Appropriations vote. time, I yield 2 minutes to the gen- Committee, I can tell you that we will Mr. Speaker, I urge opposition to the tleman from New York (Mr. REED), a not allow this President to circumvent previous question. member of the class of 2010.

VerDate Sep 11 2014 01:05 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.021 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2117 Mr. REED. Mr. Speaker, I thank the But this is more than that. This ad- question that this disapproval brings gentleman from Georgia (Mr. ministration’s actions would do vio- before us, and, yet, there was not one WOODALL) for yielding. lence to our Constitution, undermine hearing on it. I rise today, Mr. Speaker, in support our separation of powers, and set a ter- Now, lest you think, Mr. Speaker, of the underlying rule, but also in op- rible precedent for the future. Every that if we deal with this today, we position to the action that is being pro- single Member of Congress, regardless won’t deal with it again. No. We are posed by my colleagues on the other of party, needs to stand up and make going to have some hearings on this side of the aisle. their voice heard. resolution. When? Later in the week But I will join them in one senti- To all my Republican colleagues who after it passes. ment: I do believe there is an emer- so frequently extolled the Constitu- Now, I don’t know if that is a pattern gency crisis at the border. I do believe tion’s virtues, I say to you: Make your that we are going to get into. I hope that the President, given the years and voice heard today. Now is the chance that it is not. Having had no hearings decades of delegation of authority from to show your true colors, to defend Ar- and no witnesses testify on this issue, Congress to the President’s Office, has ticle I, and to stand up for Congress’ we are going to have an Appropriation the authority to take the action that constitutionally vested powers of the Subcommittee hearing later this week he is taking in regards to this proposed purse. to talk about exactly these issues, issue at the border. Vote ‘‘yes’’ on the rule; vote ‘‘yes’’ on where the money is coming from, what But where I agree with my colleagues the resolution; stand up for the Con- the impact of that is, and whether or on the other side is that the Presi- stitution; and reject this illegal power not it is wise. dential authority is something that we grab by this President. We are going to have a hearing later need to take into consideration and re- Mr. WOODALL. Mr. Speaker, I yield this week in the Judiciary Committee form going forward. myself such time as I may consume. talking about the National Emer- It should not be because it is Presi- Mr. Speaker, you just heard an im- gencies Act, and whether or not it per- dent Trump; it should not be because it passioned plea from my friends on the mits this kind of activity, and what was President Obama; but each and other side of the aisle about the impor- kind of changes ought to be made. every time the executive branch uses tant constitutional questions that are This resolution will have already its authority and reaches into areas before us today, about how the Presi- been considered. This vote will have al- that go beyond the constitutional lim- dent’s emergency declaration violated ready been taken, but we will eventu- its of that office, we should stand to- those sacred constitutional principles. ally get around to having thoughtful gether as Members of Congress to as- Candidly, I don’t know if my col- conversation about this. sert our authority. Mr. Speaker, I close where I began. That is why, Mr. Speaker, there is a leagues are right or not because we There is more that unites us as Ameri- bipartisan group of us working over the have not had one legal expert come to cans than divides us. And even in poli- last few weeks, and we intend to drop a talk about the National Emergencies tics, there is more that unites this in- resolution sometime soon, that will Act. Most of us were not in Congress stitution than divides us. Making sure amend the National Emergencies Act when it passed several decades ago, but that 1600 Pennsylvania Avenue only is to make it clear that, when there is a it is a delegation of authority from exercising those authorities delegated national emergency declared in this Congress to the executive. to it by either the Constitution or this country, that we speak as one nation, b 1315 Congress, is a shared value. one body here in Congress with the You just heard my friend from New But if you listen to the debate here President. York come to the well and say, listen, on the floor, from the Speaker’s chair, We have to affirmatively take a vote we have been working in a bipartisan you had to caution our colleagues here in Congress, go on record, and not way to offer a bill to rein in those au- against engaging in attacks of person- hide any longer as Members of Con- thorities. I think that is important ality against the President. We heard gress. We should be held accountable work. I think that is work that we debate, not of thoughtful constitu- by putting our voting cards in that box ought to all be able to agree on. We tional principles, but of hateful admin- to stand before the American people. should be doing that work first. When a national emergency is de- istration policies. I told you earlier, Mr. Speaker, the clared by the President, we have to Mr. Speaker, I will tell my friends, I sum total of all of the time this insti- vote whether or not, guaranteed vote, don’t believe those words, those ac- tution has spent working on these im- to see if that is something we agree tions, or those efforts are going to portant constitutional questions is the with the President on. That is a funda- bring us one bit closer to the shared 1 minute and 6 seconds our Reading mental reform that will reestablish Ar- values that we have in this institution. Clerk Josef spent reading us the resolu- Mr. Speaker, I urge my colleagues to ticle I of the Constitution. And to my colleagues who are up tion today. reject the rule today and vote against today: Where were you when President We will vote on this rule today. We the previous question so that we can Obama overreached in his executive of- will vote on the underlying disapproval bring up a bill that will save lives. This fice? today, having never had the commit- bill will save not one life; will prevent So I ask you to remember those days tees of jurisdiction hold even a single not one drug trafficker from coming and stand with us who are looking to hearing. into the country; will protect not one take on the root cause of this problem Now, lest you think there is just no migrant family. It will do nothing, Mr. and reestablish the congressional au- time in the calendar, this resolution is Speaker, to solve real problems that thority that rightfully is contained referred to the Transportation Com- face this country. under the Constitution. mittee on which I sit. In fact, I had to If we defeat the previous question, we Mrs. TORRES of California. Mr. leave a Transportation Committee can at least take a commonsense step Speaker, I yield 2 minutes to the gen- hearing in order to come up here to do toward doing exactly that. Vote ‘‘no’’ tlewoman from New York (Ms. the rule today. on this rule, vote ‘‘no’’ on the previous VELA´ ZQUEZ). We are working on the Green New question, and let’s commit ourselves to Ms. VELA´ ZQUEZ. Mr. Speaker, I Deal in the Transportation Committee finding a way to come together. thank the gentlewoman for yielding. today. We are working on electric vehi- If you believe there is more that di- Mr. Speaker, I rise in support of the cles and how to reduce carbon emis- vides us than unites us, these first 45 rule and the underlying resolution. sions across the country. Now, I am not days of this session have been just per- We should be absolutely clear: There saying that is not important work, but fect for you. But if you believe, as I do, is no crisis at our border. In fact, ap- I have not heard one of my colleagues that we can do better, let today be the prehensions of illegal border crossings talk about the dearth of electric vehi- end of the partisan attacks. Let today are at a 40-year low. This is a fake cles and how that is threatening the fu- be the end of bringing bills to the floor emergency being used as a pretext for ture of our land. designed to make a point instead of Donald Trump to build a monument to I have heard my colleagues talk make a difference, and let’s make to- hate on our southern border. about this important constitutional morrow better.

VerDate Sep 11 2014 01:05 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.023 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2118 CONGRESSIONAL RECORD — HOUSE February 26, 2019 Mr. Speaker, I yield back the balance of a single person, the current President of the protect their children from the violence and ex- of my time. United States. treme poverty in Honduras, El Salvador, and Mrs. TORRES of California. Mr. As a senior member of the Committee on Guatemala. Speaker, I yield myself the balance of the Judiciary and the Committee on Homeland But even with more Central Americans arriv- my time. Security, I have visited the southern border on ing to our southern border seeking protection, Mr. Speaker, fact-checking the Presi- numerous occasions in recent weeks and total apprehension rates are still at their lowest dent is not an attack against the Presi- months and can state confidently that there is since the 1970s. dent. The facts matter. As a matter of no national emergency or national security cri- The absence of a massive wall on the fact, the President himself at his press sis that justifies the President’s reckless and southern border will not solve the drug smug- conference said: ‘‘I didn’t need to do unconstitutional decision or compels the Con- gling problem because, as all law enforcement this, but I’d rather do it much faster.’’ gress to abdicate its responsibilities under Arti- experts agree, the major source of drugs com- What does he mean by that? Last cle I to check and balance the Executive ing into the United States are smuggled year, Republicans gave him $25 billion Branch. through legal ports of entry. if they read the bill, but I actually The President is only pursuing this tactic of The southern border region is home to brought it to their attention on the declaring a national emergency after realizing about 15 million people living in border coun- floor that the bill actually read $75 bil- that Speaker NANCY PELOSI was absolutely ties in California, Arizona, New Mexico, and lion that they were allocating for a correct when she informed him that he did not Texas. border wall. The facts didn’t matter have the support in Congress to require the These communities, which include cities then for one side of the aisle. taxpayers to pay for his broken promise that such as San Diego, Douglas, Las Cruces, and The President himself said it. ‘‘I ‘‘Mexico would pay for the wall, 100 percent!’’ El Paso, are among the safest in the country. didn’t need to do this, but I’d rather do In fact, according to the latest Marist Poll, Congress has devoted more U.S. taxpayer it much faster.’’ That is not an emer- the most recent polling data available, Ameri- dollars to immigration enforcement agencies gency. I was a 911 emergency dis- cans overwhelmingly disapprove of the Presi- (more than $21 billion now) than all other en- patcher for 17.5 years. I can cite many dent’s national emergency declaration by a 61 forcement agencies combined, including the examples of what an emergency is. percent–36 percent margin. FBI, DEA, ATF, US Marshals, and Secret Building a wall much faster is not an The President’s decision is opposed by both Service. emergency. That is political theater. men and women in every region of the coun- The bulk of this money goes to U.S. Cus- That is political posturing for 2020. try, by every income group and education cat- toms and Border Protection (CBP), with a Where is the President stealing this egory. budget of $14.4 billion in fiscal year 2018 and money from? Certainly, he is not get- National security experts across the political ting it from Mexico as he promised. more than 59,000 personnel. spectrum are unanimous in their assessment CBP is the largest law enforcement agency Mexico said ‘‘no.’’ The President is that the situation on the southern border does in the country, and more than 85 percent of stealing $2.5 billion that Congress ap- not constitute a national emergency, an as- proved to combat illegal drug activi- the agency’s Border Patrol agents (i.e., 16,605 sessment echoed by leading former Repub- of 19,437) are concentrated on the southern ties around the world. lican senators and Members of Congress. I know that my colleagues believe border. They understand that after failing to con- Expanded deployment of the military to the that fighting international drug orga- vince the American people or Congress to pay nizations is important. I know this be- border to include active-duty troops could cost for his ineffective, wasteful, and immoral multi- between $200 and $300 million in addition to cause I traveled with Republicans and billion dollar concrete wall, the President has Democrats to the jungles in South the estimated $182 million for the earlier de- now embarked on a course of conduct that is ployment by the President of National Guard America. We talked about eradication deeply corrosive of the constitutional system of narcotrafficking. to the border. of checks and balances wisely established by Mr. Speaker, having been soundly defeated What about the $3.6 billion that the the Framers and which has served this nation President is stealing from military legislatively by Congress, a co-equal branch of and the world so well for nearly 250 years. government, the President wants to finance construction? A study earlier this year Having failed miserably to achieve his ob- found that 16 percent of military fami- border wall vanity project by diverting funds jective in the constitutional legislative process, that the Congress has appropriated for dis- lies had a positive view of their base the President is trying a desperate 11th hour housing. That means 55 percent had a aster recovery and military construction. end-run around Congress with an unlawful The funds the President wants to steal were negative one. emergency declaration that contravenes the Many families reported unsafe condi- appropriated by Congress to help Americans will of the American people and negates the devastated by natural disasters, like Hurri- tions, including lead-based paint, awesome power of the purse vested exclu- rampant mold, exposed asbestos, faulty canes Harvey, Irma and Maria, or for other sively in the Congress of the United States. purposes like military construction. electrical wiring, vermin infestations, The Congress will not tolerate this. and gas leaks. Is that not an emer- Despite being repeatedly admonished and Congress did not, has not, and will not, ap- gency? Is that not worthy of the bipar- in the face of overwhelming evidence to the prove of any diversion of these funds to con- tisan vote that we took to allocate contrary, the President continues to propagate struct a border wall that the President repeat- that money so that they can make false information regarding the state of our edly and derisively boasted that Mexico would those fixes? southern border. pay for. I know my Republican colleagues Mr. Speaker, these are the facts. In fact, the President has admitted he support military families. I know that Net migration from Mexico is now zero or ‘‘didn’t have to do this,’’ but has opted to do because I have traveled with them to slightly below (more people leaving than com- so because ‘‘I want to see it built faster.’’ Afghanistan. I have traveled with them ing) because of a growing Mexican economy, Mr. Speaker, just yesterday a bipartisan to other countries. I know that this is an aging population and dropping fertility rates group of nearly 60 national security officials in- wrong. This so-called national emer- that have led to a dramatic decrease in unau- cluding former secretaries of state, defense gency is wrong, and I know my col- thorized migration from Mexico. secretaries, CIA directors, and ambassadors leagues know that this is wrong too. Migrant apprehensions continue to be near to the UN issued a statement declaring that This is undemocratic. This puts us at an all-time low with only a slight increase from ‘‘there is no factual basis’’ justifying the Presi- the cusp of a constitutional crisis. 2017. dent’s emergency declaration. Mr. Speaker, I urge my colleagues to The combined 521,090 apprehensions for Instead of protecting our national security, support the previous question and the Border Patrol and Customs agents in fiscal the President’s declaration makes America rule. year 2018 were 32,288 apprehensions fewer less safe. Mr. Speaker, I rise in strong support of our than the 553,378 apprehensions in 2016. The President is stealing billions from high- Constitution and in defense of our republic To put this in perspective, on average, each priority military construction projects that en- and urge all members to join me in voting for of the 19,437 Border Patrol agents nationwide sure our troops have the essential training, H.J. Res. 46, which terminates the phony dec- apprehended a total of only 19 migrants in readiness and quality of life necessary to keep laration of emergency issued by the President 2018, which amounts to fewer than 2 appre- the American people safe, directly under- on February 15, 2019. hensions per month. mining America’s national security. The reason this resolution is before us In the last few years, an increased propor- The President’s declaration clearly violates today is because of the petulant intransigence tion of apprehensions are parents seeking to the Congress’s exclusive power of the purse,

VerDate Sep 11 2014 02:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K26FE7.025 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2119 and, if unchecked, would fundamentally alter to clause 2(b) of rule XVIII, declare the waived. No further amendment to the bill, as the balance of powers, violating our Founders’ House resolved into the Committee of the amended, shall be in order except those vision for America. Whole House on the state of the Union for printed in part B of the report of the Com- Opposing the President’s reckless and anti- consideration of the bill (H.R. 8) to require a mittee on Rules accompanying this resolu- background check for every firearm sale. tion. Each such further amendment may be American decision transcends partisan politics The first reading of the bill shall be dis- offered only in the order printed in the re- and partisanship; it is about patriotism, con- pensed with. All points of order against con- port, may be offered only by a Member des- stitutional fidelity, and putting country first. sideration of the bill are waived. General de- ignated in the report, shall be considered as That is why nearly two dozen distinguished bate shall be confined to the bill and shall read, shall be debatable for the time speci- former Republican Members of Congress are not exceed one hour equally divided and con- fied in the report equally divided and con- urging Republicans in Congress to vote for trolled by the chair and ranking minority trolled by the proponent and an opponent, H.J.R. 46 and uphold ‘‘the authority of the first member of the Committee on the Judiciary. shall not be subject to amendment, and shall branch of government to resist efforts to sur- After general debate the bill shall be consid- not be subject to a demand for division of the ered for amendment under the five-minute render’’ our constitutional powers to an over- question in the House or in the Committee of rule. In lieu of the amendment in the nature the Whole. All points of order against such reaching president. of a substitute recommended by the Com- further amendments are waived. At the con- To quote Thomas Paine’s Common Sense: mittee on the Judiciary now printed in the clusion of consideration of the bill for ‘‘In absolute governments, the King is law; so bill, it shall be in order to consider as an amendment the Committee shall rise and re- in free countries, the law ought to be King.’’ original bill for the purpose of amendment port the bill, as amended, to the House with Mr. Speaker, I urge all members to uphold under the five-minute rule an amendment in such further amendments as may have been the rule of law and the Constitution, and reject the nature of a substitute consisting of the adopted. The previous question shall be con- the President’s power grab; I urge a resound- text of Rules Committee Print 116-5. That sidered as ordered on the bill, as amended, amendment in the nature of a substitute and on any further amendment thereto to ing YES vote on H.J. Res. 46. shall be considered as read. All points of The material previously referred to final passage without intervening motion ex- order against that amendment in the nature cept one motion to recommit with or with- by Mr. WOODALL is as follows: of a substitute are waived. No amendment to out instructions. At the end of the resolution, add the fol- that amendment in the nature of a sub- lowing: stitute shall be in order except those printed The SPEAKER pro tempore. The gen- SEC. 3. Immediately upon adoption of this in part A of the report of the Committee on tleman from Maryland is recognized resolution, the House shall proceed to the Rules accompanying this resolution. Each for 1 hour. consideration in the House of the bill (H.R. such amendment may be offered only in the Mr. RASKIN. Mr. Speaker, for the 962) to amend title 18, United States Code, to order printed in the report, may be offered purpose of debate only, I yield the cus- prohibit a health care practitioner from fail- only by a Member designated in the report, tomary 30 minutes to the gentlewoman ing to exercise the proper degree of care in shall be considered as read, shall be debat- from Arizona (Mrs. LESKO), pending the case of a child who survives an abortion able for the time specified in the report or attempted abortion. All points of order equally divided and controlled by the pro- which I yield myself such time as I against consideration of the bill are waived. ponent and an opponent, shall not be subject may consume. During consideration of The bill shall be considered as read. All to amendment, and shall not be subject to a this resolution, all time yielded is for points of order against provisions in the bill demand for division of the question in the the purpose of debate only. are waived. The previous question shall be House or in the Committee of the Whole. All 1330 considered as ordered on the bill and on any points of order against such amendments are b amendment thereto to final passage without waived. At the conclusion of consideration of GENERAL LEAVE intervening motion except: (1) one hour of the bill for amendment the Committee shall Mr. RASKIN. Mr. Speaker, I ask debate equally divided and controlled by the rise and report the bill to the House with unanimous consent that all Members chair and ranking minority member of the such amendments as may have been adopted. be given 5 legislative days in which to Any Member may demand a separate vote in Committee on the Judiciary; and (2) one mo- revise and extend their remarks. tion to recommit. the House on any amendment adopted in the SEC. 4. Clause 1(c) of rule XIX shall not Committee of the Whole to the bill or to the The SPEAKER pro tempore. Is there apply to the consideration of H.R. 962. amendment in the nature of a substitute objection to the request of the gen- Mrs. TORRES of California. Mr. made in order as original text. The previous tleman from Maryland? Speaker, I yield back the balance of question shall be considered as ordered on There was no objection. the bill and amendments thereto to final my time, and I move the previous ques- Mr. RASKIN. Mr. Speaker, I yield passage without intervening motion except myself such time as I may consume. tion on the resolution. one motion to recommit with or without in- The SPEAKER pro tempore. The Mr. Speaker, on Monday, the Rules structions. Committee met and reported a rule, question is on ordering the previous SEC. 2. At any time after adoption of this question. resolution the Speaker may, pursuant to House Resolution 145, providing for The question was taken; and the clause 2(b) of rule XVIII, declare the House consideration of H.R. 8, the Bipartisan Speaker pro tempore announced that resolved into the Committee of the Whole Background Checks Act of 2019, and the ayes appeared to have it. House on the state of the Union for consider- H.R. 1112, the Enhanced Background Mr. WOODALL. Mr. Speaker, on that ation of the bill (H.R. 1112) to amend chapter Checks Act of 2019. 44 of title 18, United States Code, to The rule provides for consideration of I demand the yeas and nays. strengthen the background check procedures The yeas and nays were ordered. each bill under a structured rule. The to be followed before a Federal firearms li- rule also provides 1 hour of general de- The SPEAKER pro tempore. Pursu- censee may transfer a firearm to a person ant to clause 8 rule XX, further pro- who is not such a licensee. The first reading bate on each bill equally divided and ceedings on this question will be post- of the bill shall be dispensed with. All points controlled by the chair and ranking poned. of order against consideration of the bill are minority member of the Committee on f waived. General debate shall be confined to the Judiciary. the bill and amendments specified in this The Bipartisan Background Checks PROVIDING FOR CONSIDERATION section and shall not exceed one hour equal- Act of 2019 and the Enhanced Back- OF H.R. 8, BIPARTISAN BACK- ly divided and controlled by the chair and ground Checks Act of 2019 arrived at a GROUND CHECKS ACT OF 2019, ranking minority member of the Committee time of emergency for America—a real on the Judiciary. After general debate the AND PROVIDING FOR CONSIDER- emergency. Every year 120,000 Ameri- ATION OF H.R. 1112, ENHANCED bill shall be considered for amendment under the five-minute rule. In lieu of the amend- cans are shot in our country, and 35,000 BACKGROUND CHECKS ACT OF ment in the nature of a substitute rec- of them are shot dead. Seventeen thou- 2019 ommended by the Committee on the Judici- sand of the people wounded or killed Mr. RASKIN. Mr. Speaker, by direc- ary now printed in the bill, an amendment in each year are children or teenagers, tion of the Committee on Rules, I call the nature of a substitute consisting of the their families devastated, their lives up House Resolution 145 and ask for its text of Rules Committee Print 116-6 shall be forever changed. immediate consideration. considered as adopted in the House and in In 2017, gun deaths in America hit the The Clerk read the resolution, as fol- the Committee of the Whole. The bill, as amended, shall be considered as the original highest level in 40 years, with 40,000 lows: bill for the purpose of further amendment Americans killed. H. RES. 145 under the five-minute rule and shall be con- We have lost more Americans to gun Resolved, That at any time after adoption sidered as read. All points of order against violence in our own communities than of this resolution the Speaker may, pursuant provisions in the bill, as amended, are to the Vietnam war, the Revolutionary

VerDate Sep 11 2014 02:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.005 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2120 CONGRESSIONAL RECORD — HOUSE February 26, 2019 War, the Civil War, World War I, World Our legislation will close these dan- ety from the other wealthy societies on War II, the Korean war, the Iraq war, gerous loopholes by guaranteeing that Earth, despite the overwhelming public and the Afghan war, combined. This there is a thorough NICS background support for this legislation, and despite war at home never stops. Each day— check on every gun sale or transfer, its clear constitutionality, our friends yesterday, today, and tomorrow—an- with only a few carefully defined ex- across the aisle oppose closing the other 100 people in America are shot ceptions for intrafamily gifts and a few internet, the gun show, and the private and killed by gun violence. other cases. sale loopholes. Mr. Speaker, this is not a global Mr. Speaker, there are three primary Instead of getting on our side to close problem; it is an American problem. things you need to know about this the loopholes, what do they give us? While 35,000 Americans are killed by legislation: More loopholes. They brought us doz- gunfire here each year, it is 146 people First, it is backed by more than 90 ens of amendments to try to suggest in the United Kingdom, 142 in Por- percent of the American people—fully, more loopholes to the current law. tugal, and 30 in Japan. 97 percent of Americans, including 97 That is obviously not the direction We lose more people to gun violence percent of gun owners, 97 percent of that America needs to go in, and you in a single weekend than England loses Republicans, and 99 percent of Demo- will hear some more about that today, all year. We lost more people in the crats. It is the very essence of common Mr. Speaker. They have given us a Las Vegas massacre alone, in one sense, the sense we all have in com- veritable loophole factory. But now is bloody night, than the nation of Japan mon, to make the background check the time to close loopholes, not repro- lost to gun violence in 8 years. system comprehensive and universal, duce them. No other developed, high-income leakproof, foolproof, and not ridden by Let’s focus on the public safety, country’s lethal gun violence even the loopholes. which is the cardinal purpose of law in comes close to the American carnage A background check doesn’t work if the social contract in a democratic so- allowed by our loophole-ridden gun criminals know that there are massive ciety. Let’s pass this excellent bill, and laws. The gun-related murder rate in and lawful ways to cheat and get let’s pass H.R. 1112, the Enhanced the United States is 25 times higher around it. So America, today, stands Background Checks Act of 2019, which than the average of other high-income up to close the loopholes, and that is closes the Charleston loophole, the countries and hundreds of times higher why this is a day of great triumph for loophole that made it possible for a than some of them. the gun safety movement that has guy to go out and get a gun because the Now, the good news is that we know swept America in response to Park- dealer decided to give him a gun after what to do to begin to end this crisis. land, Las Vegas, Newtown, and the 3 days because they were still doing a We must close the loopholes. other massacres that our people have background check. This loophole says that if it has In 1994, the Brady Handgun Violence endured. taken 3 days or more, you have a right Prevention Act went into effect and re- Second, this legislation is perfectly to go ahead and get your gun. We are quired licensed firearm dealers to con- constitutional. As Justice Scalia found going to close that one, the so-called tact the FBI to run a background for the Supreme Court in the District default proceed provision. We are going check through NICS, the National In- of Columbia v. Heller decision, the Sec- to close that one, too, so that we don’t stant Criminal Background Check Sys- ond Amendment permits reasonable see any repeat massacres like the one tem. regulation to exclude from gun owner- that took place in June of 2015 at the The Brady Act made it illegal to sell ship violent felons, the mentally unsta- Emanuel African Methodist Episcopal a firearm to felons, to fugitives, to peo- ble, and so on. Church in Charleston, South Carolina. ple who had been committed to mental Despite all of the solemn invocations I reserve the balance of my time, Mr. institutions, to drug addicts, to domes- of the Second Amendment that we con- Speaker. tic abusers, to undocumented immi- tinue to hear bouncing off of the walls Mrs. LESKO. Mr. Speaker, I yield grants, and to other disqualified cat- of Congress, the opponents of this leg- myself such time as I may consume, egories. islation could not muster a single wit- and I thank Mr. RASKIN for yielding me The Brady Act worked as far as it ness to actually argue that this legisla- the customary 30 minutes. went. It stopped more than 3 million il- tion is unconstitutional, and that in- Mr. Speaker, all of us, Republicans legal purchases of firearms by con- cludes the George Mason University and Democrats, want to reduce gun vi- victed felons, violently abusive part- Antonin Scalia School of Law professor olence. I think there is just a difference ners, fugitives, the mentally ill, and so of constitutional law and the Second of opinion on how we get there. on. But there are gaping loopholes in Amendment who was brought in and Unfortunately, H.R. 8 and H.R. 1112, the law because unlicensed gun sellers, just expressed her policy misgivings although well-intentioned, will not re- the people who sell guns online today about the bill without articulating any duce gun violence as Mr. RASKIN said, or at gun shows or in other private constitutional analysis at all and re- and instead it will turn everyday, law- transactions, can sell firearms without jected the opportunity to say that this abiding individuals into criminals and having to run any background check legislation is unconstitutional. could actually do more harm than whatsoever. The reason 97 percent of Americans good. More than one-fifth of U.S. gun own- favor this legislation is because it is I grew up in a family that didn’t have ers acquired their most recent firearm perfectly consistent with the letter and guns. After my dad returned from without any background check at all, spirit of the Second Amendment, and it World War II, he stopped hunting. So, which means that millions of people sweepingly advances public safety at because I wasn’t around them, I have obtained millions of firearms without the same time. to admit I had an irrational fear of going through the Brady system, and Third, this bill will dramatically guns for awhile. It wasn’t until I be- people who commit gun crimes over- lower gun violence in America. More came an adult that I got educated. whelmingly obtain their firearms from than 90 percent of Brady background I remember I first went to a debate the unlicensed sources. A 2013 study checks take less than 90 seconds to where the person who was talking for found that 80 percent of all firearms ac- complete. But these checks have lit- gun rights said: Do you know who fol- quired for criminal purposes were ob- erally stopped more than 3 million ille- lows the laws? Law-abiding people fol- tained from sources that were not re- gal gun purchases by felons, fugitives, low the laws. Who doesn’t follow the quired to go through the background domestic offenders, the violently men- laws? Criminals do not follow the laws. check. tally ill, undocumented aliens, and so So although well-intentioned, often The criminals are not stupid. They on. Every day, background checks stop laws are unenforceable, and criminals follow the loopholes. They go to the 170 felons and 50 domestic abusers from just do not follow them. internet. They go to the gun shows. purchasing a gun. Imagine how much H.R. 8, again, I believe is well-inten- They go to the convenience store park- more effective this system will be when tioned. But it will not solve the prob- ing lots to get their weapons of mass we close these gaping loopholes. lem. H.R. 8 would not have prevented destruction without any background Yet, even in the face of the shocking any of the mass shootings in the last 20 check at all. death toll which distinguishes our soci- years, not one of them.

VerDate Sep 11 2014 02:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.030 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2121 I studied them because I am on the If a law-abiding citizen wanted to let The reason I am bringing this up is I Judiciary Committee along with Mr. someone temporarily use their gun on want to tell you a story—a real story— RASKIN, and we heard this bill in that their own property, they would become about Carol Bowne. She was a New Jer- committee. In most cases, guns were a criminal under this bill. sey woman who was stabbed to death obtained legally. Recent attackers If a farmer or rancher wanted to tem- while waiting to be approved for her have passed background checks to ac- porarily lend a gun to a ranch hand for firearm application. quire their firearms, including the the purposes of ranch activities, the She already had an order of protec- attackers at the Thousand Oaks, Cali- farmer would become a criminal under tion through the courts, but that fornia, shooting; the Tree of Life syna- this law. wasn’t enough. She needed more than gogue in Pittsburgh, Pennsylvania If a domestic violence victim was in just that piece of paper. shooting; the attacker in the Marjory fear for her life and wanted to tempo- H.R. 1112 will make the realities of Stoneman Douglas High School, Park- rarily borrow a gun from a friend to Carol’s story happen across the coun- land, Florida, shooting; the shooting at protect herself, she would become a try, putting millions of women and the Pulse nightclub in Orlando, Flor- criminal under this law. law-abiding citizens in danger. Women ida; and the Las Vegas, Nevada, shoot- Let’s also look at some commonsense who seek avenues of protection will be ing. None of these attacks would have amendments rejected by the Democrats forced to wait almost a month—20 days been prevented if H.R. 8 or H.R. 1112 that would have prevented undue bur- to a month—like Carol. How many were law. dens and duplication on law-abiding women will potentially suffer like Then, the attackers in the Columbine citizens who have already passed a Carol? High School Colorado shooting used background check but now have to go H.R. 8 also has other problems. straw purchasers for their weapons, an through another background check Unfortunately, the debate in the Ju- act that is already illegal and has been under this law. diciary Committee was cut short. illegal since at least the 1960s. People who have security clearances. Many commonsense amendments were Adam Lanza, the attacker in the This is the application to get a govern- not even heard. Only 10 amendments Sandy Hook Elementary School, New- ment security clearance, page upon out of 100 were heard before the chair- town, Connecticut, shooting used his page, background check, extensive man cut off debate. mother’s firearms which were legally background check. Yet, someone who Because of the rush to get this bill purchased by his mother. So as you can has this and has gone through this still through, there is another problem. see—and I have each one of them listed has to get another background check. There is vague language that is not de- People who have a concealed carry how the attackers got their guns—H.R. fined and, thus, is open to interpreta- weapon issued by a State, they have to 8 and H.R. 1112 would not have pre- tion. vented any of these shootings. go through another background check. I know, in some of the amendments, People who have already gotten a Not only would none of the mass the majority party has tried to give an gun permit from States which require shootings be prevented by H.R. 8 and alternative to my good, commonsense them; they have to go through another H.R. 1112, but the Department of Jus- domestic violence amendments, but it tice under President Obama said that background check. People who have global entry, who doesn’t do any good. And this is the in order for universal background reason; it is because the language is so checks to actually work and be en- have gone through a background check, they have got to do it again vague. forceable, a Federal gun registry is It says: Under H.R. 8, a person is al- needed. Yet this legislation in H.R. 8 under this bill. Even law enforcement officers. Law lowed to temporarily transfer a firearm specifically prohibits a registry; thus, if it is necessary to prevent imminent again, it is unenforceable. enforcement officers have to go through another background check death or great bodily harm. The fact is criminals don’t get their The question is: There is no defini- guns legally and will not go through a under this bill. This is placing undue burden on law- tion of this, so how long is a temporary background check to get their guns transfer? Who determines that? Does even if this bill were signed into law. abiding citizens. Now I want to share testimony from the victim determine it? b 1345 a young woman from the Judiciary Who determines if there is imminent A recent Department of Justice re- Committee. This woman was a victim death? Does it qualify if a victim of do- port of prison inmates that used guns of rape on her college campus. And the mestic violence thinks they will be in their crimes showed that 56 percent reason I am bringing it up is because killed? Or does the person transferring obtained their guns illegally and an- well-meaning gun control laws actually the gun have to be in the same room other 25 percent received them from prevented her from carrying a gun to and there be some kind of shootout and family members—which, by the way, school because the State she traveled they throw a gun to them? family members are still allowed to get through did not allow her to carry a What do ‘‘imminent danger’’ and the guns under this law. gun in order to defend herself. ‘‘imminent death’’ mean? It is obvious, then, that they did not This is a clear example of how law- With something as important as the get their guns from a gun show or pri- abiding citizens—not criminals, law- Second Amendment, I think we owe it vate sales, as Mr. RASKIN is concerned abiding citizens—who follow the law to the American people to do our work about. and how this young woman and others and take as long as we have to in order H.R. 8 will also turn everyday, law- like her were actually harmed by well- to have a fair and open debate on major abiding citizens into criminals if it be- intentioned gun control laws. pieces of legislation. comes law. As a survivor of domestic violence, I Mr. Speaker, with that, I urge oppo- Let’s look at the amendments that know all too well how hard it can be to sition to the rule, and I reserve the bal- were rejected by the Democrats in the protect oneself or find a lifeline out. ance of my time. Rules Committee and in the Com- My abuser often controlled all my fi- Mr. RASKIN. Mr. Speaker, I yield mittee on the Judiciary that offered to nances. I wouldn’t have been able to myself such time as I may consume. protect law-abiding citizens from be- pay for a background check or a gun. Mr. Speaker, I include in the RECORD coming criminals. Sometimes getting a gun from a a statement by the National Task First, there was an amendment—I friend could actually be your only op- Force to End Sexual & Domestic Vio- thought commonsense—that someone tion; yet, unfortunately, under this lence, which is in favor of this legisla- thinking of committing suicide would bill, I tried to offer an amendment, but tion and against any weakening be exempted from temporarily turning it was rejected. amendments. Now let’s turn to H.R. 1112, which over their gun to a friend, and it is not NATIONAL TASK FORCE TO END SEXUAL & allowed under this bill. They would be- changes the length of time that a back- DOMESTIC VIOLENCE come a criminal. ground check has to be completed from The National Task Force to End Sexual So, somebody who wants to commit the current 3 days to 10 business days and Domestic Violence, a coalition com- suicide could not transfer their gun to and then another 10 business days for prising federal, state, local and tribal organi- someone else. an appeal. So it could be 20-plus days. zations and individuals who have fought for

VerDate Sep 11 2014 02:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.031 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2122 CONGRESSIONAL RECORD — HOUSE February 26, 2019 federal protections for survivors of domestic Horn from Oklahoma and Murphy from Are you subject to a court order re- violence, dating violence, sexual assault and Florida are introducing a clarifying straining you from harassing, stalking, stalking, oppose any amendments to H.R. 8, amendment to be very specific that it or threatening your child or an inti- the Bipartisan Background Checks Act of is included. mate partner? 2019, that exempts any persons from the fire- At that point, perhaps we could wel- Have you ever been convicted of a arms background check requirement. This includes amendments exempting victims and come the support of the distinguished misdemeanor crime of domestic vio- survivors of domestic violence or sexual as- gentlewoman from Arizona, because we lence? sault, including those with protective orders. are being very clear at that point that Have you renounced your United Firearms pose a significant danger to vic- our exception for imminent bodily States citizenship? tims of domestic violence, and this is true no harm and violence includes sexual as- Are you unlawfully present in the matter who owns the firearm. Research sault and so on. United States? shows that a male abuser’s access to a fire- I am certain that the gentlewoman’s Mr. Speaker, those questions have arm increases the risk of intimate partner intentions are good, just as are the in- created a dragnet that has allowed us femicide fivefold and does not support the tentions of the offerers of the amend- to stop more than 3 million people contention that firearm possession is a pro- from getting weapons who shouldn’t tective factor for the victim. The testimony ment in the bill. Let me just address, in case the gen- have them. of Christy Salters Martin, a professional But there are these big, gaping loop- boxer and experienced gun user, to the Sen- tlewoman hasn’t decided to come over ate Judiciary Committee illustrates this. to our side now, some of the general holes out there that they can go on the Despite her boxing prowess and familiarity points that were made against the leg- Internet and get one, or they can go to with firearms, her abuser was able to take islation. the parking lot of a convenience store her gun from her and shoot her with it, nar- The gentlewoman articulated an ar- in a private sale and get one, or they rowly missing her heart. Firearms do not gument we have been hearing a lot of can go to a gun show and negotiate a make victims of domestic violence safer; private sale and get one without hav- firearms put victims at greater risk. from our counterparts, which is that criminals don’t follow the law and, ing to answer those questions. Furthermore, domestic abusers are adept Well, the American people have spo- therefore, there is no reason to get rid at using the justice system against victims. ken on this. That is really why this is of the loopholes and strengthen the Abusers often accuse the victim of being the the first legislation advocating gun perpetrator of violence, making police re- law, because criminals won’t follow the safety to hit the floor of the House of ports and seeking protective orders. Abusers law. Representatives in a quarter of a cen- are also adept at finding loopholes. If persons Now, the fallacy of that argument is tury. with protective orders are exempted from plain to see. It is an argument against the background check requirement, many This is a great day for the gun safety all law. movement that has overtaken Amer- abusers who are prohibited from possessing It is an argument against the law firearms would seek protective orders in ica, rejecting the unconscionable toll against murder because murderers ob- order to circumvent the background check of 100 people dead every single day in viously don’t follow the law against requirement to obtain firearms to terrorize communities across the land. their victims. murder. Mr. Speaker, I yield 2 minutes to the Moreover, requiring a victim to undergo a It is an argument against the law op- gentleman from California (Mr. THOMP- firearms background check is not a hurdle to posed to theft because thieves don’t obtaining a firearm. Most firearm back- SON), the sponsor of the underlying bill, follow the law against theft. H.R. 8, who has done such a magnifi- ground checks are completed in under a But I think anyone who takes time cent job advocating this cause through minute. A victim seeking to purchase a fire- to really study what law is understands thick and thin. arm would still be able to do so quickly, un- that the purpose of the law is to deter less the victim was legally prohibited from Mr. THOMPSON of California. Mr. possessing firearms. people from negative, socially harmful Speaker, I rise in strong support of this Rather than adding dangerous exemptions action, the way that the Brady Act has rule and for the underlying legislation, to a law that is supposed to protect victims deterred more than 3 million people— a bipartisan measure that will make and survivors of domestic violence, Congress felons, fugitives, the mentally unsta- all of our communities safer and will should focus on ensuring that adjudicated ble, and other unauthorized cat- save lives. domestic abusers do not possess firearms. egories—from accessing a weapon. I would like to thank Chairman This includes ensuring federal firearms Now, that argument sweeps so broad- prohibitors protect all victims of intimate MCGOVERN for his fair consideration of ly that it is an argument against hav- H.R. 8 and the proposed amendments partner violence, including dating partners, ing the Brady Act that we have now, and ensuring that domestic abusers who are that came before the Rules Committee. prohibited from possessing firearms relin- and perhaps that is the intention, sim- This is an important time in our Na- quish their firearms. The best way to protect ply to take down the law that we have tion’s history. Over 80 percent of Amer- victims is to disarm abusers. got now. icans have come together to support Mr. RASKIN. Just to quote a small Another purpose of law, of course, is universal background checks. This is a part of it: ‘‘Firearms pose a significant to punish people who violate it and new day, and this is the time to act danger to victims of domestic violence, then, again, to send a moral message now. and this is true no matter who owns about what the social norms are. Since the tragedy in Newtown about And we have got social norms about 1 the firearm. Research shows that a 6 ⁄2 years ago, this House has held 54 driving, for example. Would we say we male abuser’s access to a firearm in- moments of silence, but we have not are not going to have driver’s licenses creases the risk of intimate partner held one moment of action. in America because people who drive femicide fivefold and does not support With Speaker PELOSI’s leadership, we without a driver’s license ignore the the contention that firearm possession now have a chance to vote for two— law requiring you to have a driver’s li- is a protective factor for the victim.’’ two—bipartisan bills which will help And there is more in here of interest. cense? save lives. It is a completely nonsensical argu- As a gun owner and a strong sup- I would like to thank my distin- ment. porter of the Second Amendment, I was guished colleague from Arizona for her Let’s come back to reality and talk proud to introduce H.R. 8 with my bi- thoughts on the question of sexual and about what the Brady Act actually re- partisan colleagues. I look forward to domestic violence. quires the gun dealers to ask people. its consideration tomorrow, and I urge We, indeed, have a provision within Here are the basic questions that are my colleagues to support this rule the legislation which allows for an ex- being asked: today and the bill tomorrow. emption from the background check Are you under indictment for or have requirement in cases of an imminent you ever been convicted of a felony? b 1400 threat of great bodily harm. Are you a fugitive from justice? Mrs. LESKO. Mr. Speaker, I yield 5 The question has been raised: Does Are you an unlawful user of a con- minutes to the gentleman from North that include sexual assault, dating trolled substance? Carolina (Mr. HUDSON), my good friend. partner violence, stalking, and so on? Do you suffer from mental illness? Mr. HUDSON. Mr. Speaker, I rise We thought it was self-evident that it Have you been dishonorably dis- today to voice my strong opposition to did, but, in any event, Representatives charged from the Armed Forces? H.R. 8 and H.R. 1112.

VerDate Sep 11 2014 02:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.008 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2123 We all share the same goal: to end loan your shotgun to your buddy to go together to say this is something that gun violence. But in the course of this dove hunting. will promote the public safety? debate, House Democrats say they It is going to make it illegal for a Mr. Speaker, I yield 1 minute to the want to do something to end gun vio- victim of stalking to borrow a gun gentlewoman from Florida (Ms. CAS- lence and anyone who disagrees with from a neighbor for protection. TOR). their policies doesn’t care. It is going to make the cost of back- Ms. CASTOR of Florida. Mr. Speaker, I believe in my heart that the gen- ground checks so expensive that the I thank Mr. RASKIN of the Rules Com- tleman from Maryland and the folks on average American can’t afford to buy a mittee for yielding the time. the other side of this debate care about gun. Meanwhile, criminals are going to Mr. Speaker, I rise in strong support the victims of gun violence and the continue to get their firearms, whether of this rule and H.R. 8, the Bipartisan children in this country, and I know in it is through theft or the black market Background Checks Act of 2019. I am my heart that my colleagues on this or on the street. proud to be a cosponsor, and I thank side of the aisle and I care, too. I applaud President Donald Trump Congressman THOMPSON for his leader- It is a shame that in their rush to do for standing with us against this inef- ship. something, anything, Democrats have fective legislation, and I encourage my Our bill is intended to ensure that in- made this a partisan show. They won’t colleagues to vote ‘‘no.’’ dividuals who are prohibited from own- even allow my bipartisan concealed The American people want us to ing a firearm are not able to possess carry reciprocity bill that passed this work together to solve this problem one. House last Congress to be debated on and stop gun violence. Can’t we come Representative RASKIN is right. the House floor today. together in a bipartisan way and not America is in the midst of a gun vio- What about the single mother victim just do something, but do something lence emergency. Each year, 120,000 of assault, like Shaneen Allen? Does that will actually make a difference? Americans are injured by a firearm; she not have the right to defend her- I am calling on my colleagues to put 35,000 Americans die; and of those, self? partisanship aside. Work together on 17,000 who are injured and killed are Instead of working on commonsense ideas that will actually make a dif- children. solutions that can actually help pre- ference. I stand ready to continue this No other country in the world suffers vent tragedies—like supporting local work. I will work with anyone to end the ravages of gun violence, and I am law enforcement, ensuring laws and gun violence while also protecting the afraid we have become numb to it. But protocols are followed, improving men- rights of law-abiding citizens, and I re- we don’t have to accept it, and we are tal health, and implementing my con- ject the false dilemma that we can’t do not, because we are going to finally cealed carry reciprocity—they are tar- both. pass legislation here today. geting law-abiding citizens, and they Mr. RASKIN. Mr. Speaker, I yield Mass shootings are on the rise. Mili- are disregarding existing Federal law. myself such time as I may consume. tary-style assault weapons are deadlier There is no gun show loophole. Fed- I suppose that we are in a rush to do than ever. People are being gunned eral law already requires a background anything, something, anything that down in churches, schools, movie thea- check on every commercial gun pur- works in order to curb the terrible toll chase in America no matter where it ters, nightclubs, and synagogues. of gun violence on our society. For so many years, the Republican- takes place. Federal law already pro- In the last Congress it is true there led Congress blocked action on com- hibits so-called straw purchases. Let’s make one thing clear: H.R. 8 was other legislation that was brought monsense gun safety laws. But, finally, would not have stopped Newtown. H.R. to us. One was a proposal to legalize si- to the American people: We heard you; 8 would not have stopped Parkland. It lencers in America, which sounds to me to the students who marched for their would not have stopped Las Vegas or more like an agenda of organized crime lives: We are finally going to act. Sutherland Springs or San Bernardino than it is of the U.S. Congress trying to It is time now. I urge adoption of this or the tragic attack on our former col- seek public safety. bipartisan bill, the rule. It is a vote for league, Congresswoman Gabrielle Gif- But there was this bipartisan Con- the safety of our communities and our fords. cealed Carry Reciprocity Act, which families. But the proponents of gun control was a massive assault on federalism Mrs. LESKO. Mr. Speaker, I yield don’t want you to judge them based on and States’ rights. It would have de- myself such time as I may consume. outcomes; they want you to judge stroyed every State’s concealed carry Mr. Speaker, I would like to address them based on intentions. And they say law in the country to a level at the a couple of things that were said pre- anyone who points out the facts, any- lowest common denominator. So if you viously. one who dares observe the obvious could get a license to carry a concealed I had sponsored an amendment, as a flaws in their legislation, does so be- loaded weapon in one State—and in survivor of domestic violence, to allow cause they don’t care. some States there are more than a mil- victims of domestic violence and sex- In their rush to do something, House lion people who have been able to get ual abuse who have orders of protec- Democrats ignore that House Repub- them through completely permissive tion to be able to get transferred a gun licans have done many things, like and lax laws—then you could go any- if they might be in fear for their life. strengthening the background check where in the country. That is their pro- As I have said, often victims of do- system, which would have prevented posal. That is what is coming out of mestic violence don’t have the finan- Sutherland Springs; improving mental the loophole factory. cial means or they are so restricted by healthcare, which would have pre- I just would like to assure my friend their perpetrator that it is difficult for vented many of these shootings such as that we have a provision in our legisla- them to go out and purchase a gun, let Newtown and Charleston and Parkland; tion, if you read it carefully, which alone get a background check, and so and giving schools the tools they need says that you can temporarily transfer they might have a friend whom they to protect students. All these bills re- a gun at a shooting range, at a shoot- can borrow it from. ceived bipartisan support in the last ing gallery, or for purposes of hunting, Now, in response, I think, Mr. Congress, but we don’t get credit for so he doesn’t have to worry about this. RASKIN, if I am not mistaken, said that real action because they say our inten- Our friends are either not reading the Democrats did help domestic vio- tions weren’t good enough. carefully enough or they are over- lence victims. I just don’t think that We owe it to the American people to looking very clear passages in our leg- their amendment cuts it, and I am look past the intention and the emo- islation which deal with commonsense going to read the amendment if this is tion and focus like a laser on out- concerns. the one that the gentleman is talking comes. What can we do to actually end This is bipartisan legislation. It is about. gun violence once and for all? backed by more than 90 percent of the It says: A temporary transfer that is So what is this bill actually going to American people, and it is going to ad- necessary to prevent imminent death do? vance common safety. So rather than or great bodily harm, if the possession It is going to turn a law-abiding searching for mysterious reasons to op- by the transferee lasts only as long as American into a criminal when you pose it, why shouldn’t everybody get immediately necessary to prevent the

VerDate Sep 11 2014 02:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.034 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2124 CONGRESSIONAL RECORD — HOUSE February 26, 2019 imminent death or great bodily harm— of all criminal law, saying we shouldn’t and that 96 percent of inmates who were not and then here is the amendment—in- have criminal laws, essentially, be- prohibited from possessing a firearm at the cluding the harm of domestic violence, cause criminals won’t follow them. time they committed their crime obtained their dating partner violence, sexual assault, This seems like an attack on law gun this way. stalking, and domestic abuse. itself. Law depends upon language. But This loophole exists largely because unli- I would say just because you add the the language is clear here that if there censed sellers need not conduct any back- words ‘‘domestic violence,’’ ‘‘victims of is a threat and if you are suffering ground check under current law, even if the domestic abuse’’ doesn’t mean this is from the threat of domestic violence, sellers sell a large number of guns. going to help; and the reason is simply sexual assault and so on, then you can H.R. 8, the ‘‘Bipartisan Background Checks because of what I said before, that get the gun. Act of 2019,’’ would make it illegal for any per- these terms in here are really unclear. Who interprets it? Well, you have got son who is not a licensed firearm importer, I really would like somebody to ex- the right to go out and get it. If some- manufacturer, or dealer to transfer a firearm to plain, and they are not defined any- one were to prosecute you for doing any other person who is not so licensed with- where, who determines prevent immi- that, the prosecution would clearly out a background check. nent death or great bodily harm? lose. Individuals seeking to transfer a firearm So, let’s say I am a victim of domes- So I am afraid that our friends are under this measure would be required to visit tic violence and I think my perpetrator looking for problems in this bipartisan a licensed firearms dealer to run the nec- is going to kill me. Does imminent legislation which simply don’t exist. essary background check before the transfer death and, in this word, say, last only Mr. Speaker, I yield 1 minute to the could be finalized. as long as immediately necessary to gentlewoman from Texas (Ms. JACKSON H.R. 8 is intended to provide an accurate prevent the imminent death? So does LEE). and speedy manner to ensure firearms do not that mean the person who—my friend Ms. JACKSON LEE. Mr. Speaker, as end up in the wrong hands. who can lend me a gun has to be right a senior member on the Judiciary Com- An internal assessment by the Federal Bu- there in the same room and see that mittee and senior member on the reau of Investigation (FBI) demonstrated that there is imminent death coming? Crime, Terrorism, and Homeland Secu- NICS background checks are approximately I mean, there is no definition here. rity Subcommittee, I, too, am glad of 99.3 percent to 99.8 percent accurate, and in So it is unclear to me that this would the underlying discussion regarding 90 percent of cases, are processed within 90 help at all. the protecting of women. seconds. Also, what is the definition of ‘‘tem- I rise today to support H.R. 8, the Bi- H.R. 1112, the ‘‘Enhanced Background porary transfer’’? How long is that? partisan Background Checks Act of Checks Act of 2019,’’ would strengthen the How long is temporary transfer? Does 2019, to close the gun show loophole, background check procedures federal firearms that mean, you know, just enough time supported by 80 percent of the Amer- licensees or dealers follow before selling or you can throw somebody a gun while ican people, so unlicensed dealers can- transferring a firearm. they are imminently in death? I mean, not, undercover, out of the back of As under current law, firearms dealers do you have to be right there? What their trunk, sell to people who would would be required to run a background check does this mean? There is no definition. create and perpetrate either mass mur- on prospective buyers using the NICS. Over 90% of checks are completed within So, if we are going to proceed with ders or individual abuse and gun vio- 90 seconds so if the NICS system has not re- this, I think that we should at least de- lence. turned an answer to the licensed firearms fine what these terms mean. Therefore, I also support H.R. 1112, the En- dealer within ten days, the prospective fire- I really wish that my amendment that hanced Background Checks Act of 2019, arms purchaser may file a petition with the At- said that victims of domestic violence that would, in fact, have stopped the torney General for review. or sexual abuse that have an order of deaths at the Mother Emanuel Church After another ten-day period has expired, protection through the court—through in Charleston, South Carolina, where the licensed firearms dealer may sell or trans- the court—would be allowed to at least worshippers were shot down, nine of fer the firearm to the prospective purchaser if borrow a gun to defend themselves them. it has not received a response through the from, maybe, a friend. To listen to the debate in the Judici- NICS system and the dealer has no reason to Mr. Speaker, I reserve the balance of ary Committee, 10 hours of rebuffing believe that the purchaser is prohibited from my time. these simple legislative initiatives, I obtaining a firearm under federal, state, or Mr. RASKIN. Mr. Speaker, I yield beg of my colleagues to stand with us. local law. myself such time as I may consume. It is clear that we have an amendment, Thus, under this measure, licensed firearms I want to thank my colleague for ad- Horn and Murphy, that clarifies great dealers could not sell or transfer under the vancing our discussion here because I bodily harm, includes domestic vio- ‘‘default proceed’’ provision until at least 20 think now we are really starting to get lence, dating partner violence, sexual days have passed, since the initial background somewhere. assault, stalking, and domestic abuse. check. The gentlewoman suggested an We want women to be protected and Mr. Speaker, the American people are de- amendment which allows for the trans- others involved in domestic abuse cir- manding effective action to reduce, if not pre- fer of a firearm to a victim of domestic cumstances. vent altogether, the countless mass shootings violence or sexual assault who has an My amendment that will be brought and gun violence in our country that continue order of protection issued by a court. up as well will provide the information to claim so many innocent lives. That is an extremely narrow exception. as to how many times the FBI has had Newly released data from the Centers for Most women who are enduring do- to deal with petitions that have been Disease Control (CDC) and Prevention found mestic violence don’t have a civil pro- denied. firearm-related deaths rose for the second- tection order. Part of that is because of Let us not have another 20 years be- straight year in 2016, largely due to spikes in the incompetence of the laws in a lot of fore we have bills that deal with gun gun violence. States, and part of it is because they safety legislation. Let’s do it now. In 2016, the new CDC report on preliminary haven’t had the wherewithal to go and Mr. Speaker, I rise in strong support of the mortality data shows that there were more get one. rule governing debate on H.R. 8, the ‘‘Bipar- than 38,000 gun-related deaths in the U.S.— But our legislation and our amend- tisan Background Checks Act of 2019’’ and 4,000 more than 2015. ment sweeps much more broadly. It al- H.R. 1112, the ‘‘Enhanced Background Check An Associated Press analysis of FBI data lows any woman who is a victim of do- Act of 2019,’’ as well as the underlying legisla- shows there were about 11,000 gun-related mestic violence, who faces a threat tion. homicides in 2016, up from 9,600 in 2015. from their attacker, to be loaned a gun These legislative proposals address and Congress must act to keep our country safe by a family member or be loaned a gun strengthen the background check system that through gun safety and violence deterrence. by a friend until the threat is resolved. is already in place to purchase a firearm. There is nearly one mass shooting per day My friend suggests that there is A 2013 study found that approximately 80 in the United States—355 mass shootings in something ambiguous about the words. percent of all firearms acquired for criminal 2018. I just don’t see the ambiguity. Their purposes were obtained from sources who In December 2012, a gunman walked into original argument attacked the utility were not required to run a background check, Sandy Hook Elementary School in Newtown,

VerDate Sep 11 2014 02:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\K26FE7.035 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2125 Connecticut, and killed 20 children, 6 adults, imminent danger means, and that Mr. Speaker, I reserve the balance of and himself. would cover somebody, and surely a do- my time. Since December 2012, there have been at mestic violence victim would not be- Mr. RASKIN. Mr. Speaker, I yield least 1,518 mass shootings, with at least come a criminal under this law. Well, I myself as much time as I might con- 1,715 people killed and 6,089 wounded. don’t think it is very sure. sume. On the night of October 1, 2017, a gunman So I ask Mr. RASKIN, my colleague, if Mr. Speaker, first, to clarify one opened fire on a large crowd of concertgoers he would be open to removing the word thing, this is bipartisan legislation. We at the Route 91 Harvest music festival on the ‘‘imminent’’ and just say ‘‘danger,’’ in- have at least five Republicans who are Las Vegas Strip, leaving 58 people dead and stead of ‘‘imminent danger,’’ because cosponsoring and supporting this legis- 527 injured. to me, ‘‘imminent danger’’ means you lation. I assume my friend doesn’t And on November 5, 2017, a mass shooting have to be right in the same room, you mean to read those five Republican occurred at the First Baptist Church in Suther- know, and throw somebody a gun or Members of the House of Representa- land Springs, Texas, where the gunman, 26- something. I mean, to me, the word tives out of her caucus. year-old Devin Patrick Kelley killed 26 and in- ‘‘imminent’’ needs to be removed from I am not quite sure what happened in jured 20 others. the language. Maine, but I know that there are Every day, on average, 92 Americans are The other thing I would like to talk around a dozen States and the District victims of gun violence, resulting in more than about is the number of times now my of Columbia that have already gotten 33,000 deaths annually. colleagues on the other side of the aisle rid of the loopholes that we are going States with higher gun ownership rates have have said: Oh, so many people support to get rid of today in this Federal legis- higher gun murder rates—as much as 114 this universal background check. lation. percent higher than other States. Well, I disagree. I disagree, because My friend also invokes Second A recent study by the Centers for Disease there is proof right in Maine. They had Amendment rights. I thought that we Control and Prevention looking at 30 years of a ballot measure, and it was rejected had put that red herring to rest in 2008 homicide data found that for every 1 percent by the majority of the people. in Heller v. District of Columbia. Jus- increase in a State’s gun ownership rate, there I suppose it depends on how you ask tice Scalia said that reasonable regula- is a nearly 1 percent increase in its firearm the question, but I just don’t think tion to screen out felons and fugitives homicide rate. that when you get into the details of and the mentally unstable is perfectly Gun death rates are generally lower in how it takes away our fundamental consistent with the Second Amend- States with restrictions such as safe storage Second Amendment rights and actually ment. requirements or assault weapons bans. burdens law-abiding citizens and actu- Everybody on both sides of the aisle Mass shootings stopped by armed civilians ally may harm people, some of these favors the Second Amendment, along in the past 33 years: 0. laws—like was the case with the young with the rest of the Bill of Rights. If Because more than 75 percent of the weap- woman who testified in Judiciary who you are going to oppose this legisla- ons used in mass shootings between 1982 said that good-intentioned gun laws ac- tion, you have to base it on some pub- and 2012 were obtained legally, stronger leg- tually prevented her from defending lic safety rationale and not pretend islation is needed to prevent guns from getting herself, and she was raped. like anybody has made a constitutional into the wrong hands. So I would say I have some disagree- argument, because nobody has made a And that begins with passing H.R. 8, the ments with some of your statements. constitutional argument. ‘‘Bipartisan Background Checks Act of 2019,’’ I also want to point out that there Finally, on the question of the do- and H.R. 1112, the ‘‘Enhanced Background are many things that we can do on a bi- mestic violence amendment, I would Check Act of 2019.’’ partisan basis, and this obviously is invite my friend to come on over, and I urge all Members to support the rule and not bipartisan. I am a co-chairwoman we would gladly have unanimous con- the underlying legislation when it comes to the of the Women’s Caucus in Congress, sent to have her added to the amend- floor. and I have talked to my counterpart, a ment, which is the broader amendment Mrs. LESKO. Mr. Speaker, I yield very nice woman and Congresswoman. she is talking about. Of course, her myself such time as I may consume. I would like to refute some of the We really do want to work on bipar- amendment was the narrow one, which things, or talk about some of the tisan solutions to gun violence. I would required you to have a civil protection things said by my friends on the other say one of those is let’s really con- order before there would be an excep- side. centrate on mental health issues. tion from the provisions of the legisla- One of the things that I do want to Now, we have done some things in tion. the past. We did the Fix NICS Act, She said she was misdirected by the talk about is that Mr. RASKIN said that my amendment is such a narrow excep- which we passed last year on a bipar- chairman of the Judiciary Committee. tion for domestic violence victims. I tisan basis, which really is an attempt All I can say is the legislative process had a broader one in Judiciary Com- to fix the national background system is a treacherous place and a rocky road mittee, if the gentleman remembers, so that local jurisdictions actually re- for people in the minority. I have been port when there are problems, which I dealing with that for several years. In and Chairman NADLER told me that it was too broad, that it was too vague, so think is very valuable. any event, we would love to have you that is why I made it very specific. We also did legislation in a bipar- join the amendment now. Mr. Speaker, If the gentleman would like, I will tisan manner that would protect our I make that offer to my friend. 1 make it broad again. schools more. Mr. Speaker, I yield 2 ⁄2 minutes to Here is another thing we could do in the gentleman from Massachusetts b 1415 a bipartisan manner. As you have (Mr. MCGOVERN), who is the great and Also in the Rules Committee, there noted, 3.5 million people have been distinguished chairman of the Com- was another amendment as well, and stopped by NICS since 1994 from get- mittee on Rules. we are both on Rules, too, of course. ting guns, and 112,000 were stopped just Mr. MCGOVERN. Mr. Speaker, I There was a broader one from Mr. last year. But you know what? Only 12 thank the gentleman from Maryland SCALISE, who is a victim of gun vio- of those 112,000 were actually pros- (Mr. RASKIN) for yielding me the time, lence. He had an amendment that was ecuted. Why? I mean, we have laws on and I thank him for his leadership on ruled out of order. That basically said the books now, and we are not even en- this important issue. any victim of domestic violence, which forcing them. So I think that is an- Let me remind my colleagues on the was broad, but then he had another other thing we can do on a bipartisan other side of the aisle who are opposing subsection that said victim of domestic basis. this legislation that people are watch- violence or sexual abuse that has an Again, this bill, I believe, does more ing this debate, and I know many are order of protection. So we covered harm than good. I do think my col- scratching their heads wondering what both, yet it was ruled out of order. So leagues are well intentioned. I do be- is going on, because what we are trying we really tried. lieve that all of us, whether we are Re- to do here is close loopholes that allow Now, the other thing that you publican or Democrat, want to reduce violent criminals to get access to guns, brought up, that it is very clear what gun violence. not create more loopholes.

VerDate Sep 11 2014 02:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.009 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2126 CONGRESSIONAL RECORD — HOUSE February 26, 2019 Mr. Speaker, last Thursday, I spoke jority of the people of this country As a survivor of domestic violence, I at a town hall sponsored by students at overwhelmingly support these bills. know what it is like to be in fear for Bancroft High School in Worcester, Mr. Speaker, I urge my colleagues on our lives. Massachusetts. Those young people de- both sides of the aisle to vote for this This commonsense amendment is manded action on gun violence, not un- rule and vote for the underlying legis- clearcut. If you are a victim with an like other young people all across my lation. order of protection, you can borrow a district and all across this country. Mrs. LESKO. Mr. Speaker, I reserve firearm or transfer a firearm to you. It They are terrified, and they are tired of the balance of my time. is important, because victims don’t seeing one massacre after another after Mr. RASKIN. Mr. Speaker, I yield 1 often have the means to purchase or go another after another. They are minute to the gentlewoman from Cali- pay for a background check. sickened by the unacceptable high rate fornia (Ms. LEE). The Democrats have presented a let- of gun violence in this country. Ms. LEE of California. Mr. Speaker, I ter from the National Task Force to We have an obligation to be on their thank Congressman RASKIN for yield- End Sexual and Domestic Violence as a side, not on the side of the gun lobby. ing and for his tireless leadership. reason for not needing my amendment. In fact, most gun owners agree with Mr. Speaker, I rise today in strong However, with all due respect, the Na- what we are doing here today. Ninety- support of the rule and H.R. 8, Con- tional Task Force does not speak for seven percent of gun-owning house- gressman THOMPSON’s bipartisan bill every victim, and they certainly do not holds support universal background that makes gun sale background speak for me. In fact, they never even checks. You don’t see support like that checks universal. contacted me, and I have been an out- on very many things, but on this issue, This bill is an important step to en- spoken person saying I am a survivor the public is speaking loud and clear. sure that individuals who should not be of domestic violence since I ran for The question is whether Congress is allowed to purchase a gun are no Congress. I am also the person who going to listen. longer able to purchase a gun. sponsored the amendment to extend My office has been flooded with calls Since 2014, nearly 400 of my constitu- the Violence Against Women Act, yet on this year after year after year, and ents have died by gun violence. Our they have never talked to me or I have heard from loved ones of victims community feels their loss every single reached out to my office. killed and from those injured. I know day. Here are just a few of their names The majority offered a political many of my colleagues can say the and tragic stories. amendment on domestic violence, same thing. It is heartbreaking. Davon Ellis: Davon was a star foot- which I have already talked about, Each of us is in a unique position. We ball player and an excellent student at which really does not do any good, be- can do more than just listen. We can Oakland Tech High School. He was cause the definitions of imminent dan- act. We can actually vote to help save shot and killed while walking home ger are not defined, and it will not be lives. from school. My nephew was walking carried out and will not be effective. Sadly, past majorities have turned a with him when he was gunned down. Mr. Speaker, I ask unanimous con- deaf ear. In fact, it has been nearly a Travon Godfrey: Travon was killed in sent to insert the text of my amend- decade since the Judiciary Committee 2016 while sitting in a car with his ment in the RECORD, along with extra- held a hearing on a major bill to com- friends in front of his home. Every neous material, immediately prior to bat gun violence. When they were in time I think about Travon, my heart the vote on the previous question. charge, my Republican friends on the breaks. Travon came to a town meet- The SPEAKER pro tempore (Mr. other side instead held a hearing on a ing that I held on gun violence in Janu- PRICE of North Carolina). Is there ob- bill that would have actually brought ary of 2016. jection to the request of the gentle- more guns from out of State into local Sadly, these heartbreaking stories woman from Arizona? communities. are all too familiar in communities There was no objection. Their indifference on this issue of across the country. More than 30,000 Mrs. LESKO. Mr. Speaker, in closing, gun violence, their silence, has been Americans lose their lives to gun vio- we all want to solve gun violence in the stunning. But this majority is not sat- lence each year. Shootings now kill as United States, but H.R. 8 and H.R. 1112 isfied with inaction. We will not be many Americans as car accidents, and will not solve the problem. cowed by the gun lobby. that is why this bill is so important. b 1430 We are moving legislation, in the The SPEAKER pro tempore. The case of H.R. 8, that has been in the time of the gentlewoman has expired. As co-chairwoman of the bipartisan works for more than 20 years. The time Mr. RASKIN. Mr. Speaker, I yield an Women’s Caucus, I am committed to for inaction is over. additional 30 seconds to the gentle- working across the aisle on solutions Listen to the young people in your woman. we can all agree on. However, this is districts. They are not content with a Ms. LEE of California. Mr. Speaker, I not one of them. We can talk about future where gun violence is the norm. thank the gentleman very much for mental health. We can talk about They want and they deserve better. yielding me additional time. strengthening the NICS background Last night in the Rules Committee, Mr. Speaker, this bill is a good first check system even more. We can talk my Republican friends tried to pass ex- step to ensure that our background about enforcing the laws that are al- ception after exception after exception. checks are strengthened, that we keep ready on the books. The SPEAKER pro tempore. The guns out of the wrong hands, and that H.R. 8 will turn law-abiding citizens time of the gentleman has expired. we close these loopholes. into criminals by making everyday gun Mr. RASKIN. Mr. Speaker, I yield an Mr. Speaker, we must end this epi- transfers a crime and putting those additional 30 seconds to the gentleman demic of gun violence in our country. who seek to protect themselves in jail from Massachusetts (Mr. MCGOVERN). This is a national emergency. This bill for wanting to do so. Mr. MCGOVERN. Mr. Speaker, they will save lives, so I urge my colleagues H.R. 8 and H.R. 1112 will place an tried to pass exception after exception to vote ‘‘yes’’ on the rule and ‘‘yes’’ on undue burden on citizens who already to this universal background check the bill. have a background check. For in- bill, essentially trying to gut the bill. Mrs. LESKO. Mr. Speaker, I yield stance: security clearance, global Well, this is a modest reform in the myself such time as I may consume. entry, State-issued permits, et cetera. right direction. We are trying to save Mr. Speaker, if we defeat the pre- These pieces of legislation put law- lives. We are tired of massacres. We are vious question, I will offer an amend- abiding citizens in danger by disarming tired of comforting parents whose ment to the rule to make my amend- them and emboldening criminals. The loved ones were killed in gun violence. ment in order, which would allow do- bad guys never follow the law. In fact, We are tired of inaction. We are tired mestic violence and sexual assault vic- I believe that this legislation violates of the gun lobby dictating what Con- tims with orders of protection to be ex- the Second Amendment of the Con- gress does and doesn’t pass. empt from the gun transfer prohibi- stitution because it does not prohibit This majority is going to be run by tions. This amendment is crucial to undue fees for background checks and, the people of this country, and the ma- saving lives. thus, some people cannot afford them

VerDate Sep 11 2014 02:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.039 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2127 and, thus, not be able to get a gun to Mr. CONNOLLY. Mr. Speaker, I rise today The vote was taken by electronic de- defend themselves. in support of H. Res. 145, the rule providing vice, and there were—yeas 229, nays Mr. Speaker, I urge ‘‘no’’ on the pre- for consideration of the Bipartisan Background 191, not voting 11, as follows: vious question, ‘‘no’’ on the underlying Checks Act of 2019 (H.R. 8) and the En- [Roll No. 90] measure, and I yield back the balance hanced Background Checks Act of 2019 (H.R. YEAS—229 of my time. 1112). Mr. RASKIN. Mr. Speaker, I yield Adams Gomez Ocasio-Cortez These critical bills would ensure that there is Aguilar Gonzalez (TX) Omar myself such time as I may consume. a comprehensive background check on every Allred Gottheimer Pallone Mr. Speaker, far from trying to turn firearm purchase, something that 97 percent Axne Green (TX) Panetta law-abiding citizens into criminals, our of American voters, including 97 percent of Barraga´ n Grijalva Pappas Bass Haaland Pascrell legislation will save law-abiding citi- gun-owning households, support. Beatty Harder (CA) Payne zens from criminals, simply by expand- H.R. 8 requires background checks on all Bera Hastings Perlmutter ing the successful Brady law, which has firearm sales, including those conducted by Beyer Hayes Peters been in effect for decades now. Bishop (GA) Heck Peterson unlicensed gun sellers, closing what has be- Blumenauer Higgins (NY) Phillips The gentlewoman introduces a con- come known as the ‘‘gun show loophole.’’ Blunt Rochester Hill (CA) Pingree stitutional argument at the last H.R. 1112 closes another loophole in cur- Bonamici Himes Pocan minute here, saying that our legisla- rent statute that allows gun dealers to transfer Boyle, Brendan Horn, Kendra S. Porter tion is unconstitutional because there F. Horsford Pressley a firearm after three business days if they Brindisi Houlahan Price (NC) may be undue fees imposed. Of course, have not received a definitive response from Brown (MD) Hoyer Quigley those are the fees that are currently the background check system. Brownley (CA) Huffman Raskin imposed under the Brady law, so I am Tragically, this gap became known as the Bustos Jackson Lee Rice (NY) Butterfield Jayapal Richmond afraid that my friend has just made an ‘‘Charleston loophole’’ when it contributed to Carbajal Jeffries Rose (NY) argument for the unconstitutionality the brutal murder of nine people at the Eman- Ca´ rdenas Johnson (GA) Rouda of the current law, which has saved us uel African Methodist Episcopal Church in Carson (IN) Johnson (TX) Roybal-Allard from more than 3 million felons, fugi- Cartwright Kaptur Ruiz Charleston in 2015. Case Keating Ruppersberger tives, mentally unstable people, drug Congress must act immediately on the Casten (IL) Kelly (IL) Rush abusers, and undocumented aliens from ABCs of gun violence prevention. Castor (FL) Kennedy Ryan acquiring firearms in the country. A is for Assault Weapons Ban. Castro (TX) Khanna Sa´ nchez Chu, Judy Kildee Sarbanes Mr. Speaker, our country is a social B is for Background Checks Reform. Cicilline Kilmer Scanlon contract. I know we have got a lot of C is for Closing the Gun Show Loophole. Cisneros Kim Schakowsky young people here today. We are a so- These measures make progress on B and Clark (MA) Kind Schiff cial contract. If you go back and read C, and I urge my colleagues to support them. Clarke (NY) Kirkpatrick Schneider Clay Krishnamoorthi Schrader any of the social contracts—there is The material previously referred to Cleaver Kuster (NH) Schrier Thomas Hobbes, John Locke, or Thom- by Mrs. LESKO is as follows: Clyburn Lamb Scott (VA) as Jefferson—any of them say, we leave At the end of the resolution, add the fol- Connolly Langevin Scott, David lowing: Cooper Larsen (WA) Serrano a state of nature, which is a state of Correa Larson (CT) Sewell (AL) war and a state of violence, in order to Sec. 4. Notwithstanding any other provi- Costa Lawrence Shalala live in a civilized way. sion of this resolution, the amendment print- Courtney Lawson (FL) Sherman But how civilized is it when tens of ed in section 5 shall be in order as though Cox (CA) Lee (CA) Sherrill thousands of Americans, every year, printed as the last amendment in part A of Craig Lee (NV) Sires the report of the Committee on Rules accom- Crist Levin (CA) Slotkin are being killed in firearm violence? panying this resolution if offered by Rep- Crow Levin (MI) Soto Every day, another hundred Americans resentative Lesko of Arizona or a designee. Cuellar Lewis Spanberger are killed with guns. Cummings Lieu, Ted Speier That amendment shall be debatable for 10 Cunningham Lipinski Stanton In 2017, the highest level in 40 years, minutes equally divided and controlled by Davids (KS) Loebsack Stevens nearly 40,000 Americans died from gun the proponent and an opponent. Davis (CA) Lofgren Suozzi violence. That is not a civilized state. Sec. 5. The amendment referred to in sec- Davis, Danny K. Lowenthal Swalwell (CA) tion 4 is as follows: Dean Luja´ n Takano That is a state of war. That is a state DeGette Luria Thompson (CA) of violence. Page 3, line 17, strike ‘‘or’’. Page 4, line 15, strike the period and insert DeLauro Lynch Thompson (MS) DelBene Malinowski Titus We know what the loopholes are, and ‘‘; or’’. we are going to close the loopholes Delgado Maloney, Tlaib Page 4, after line 15, insert the following: Demings Carolyn B. Tonko with our bipartisan legislation, which ‘‘(G) a transfer to a victim of domestic vio- DeSaulnier Maloney, Sean Torres (CA) has support from Republicans and it lence or sexual assault who is to be protected Deutch Matsui Torres Small has support from Democrats. The pub- under an order of protection issued by a Dingell McAdams (NM) court of law.’’. Doggett McBath Trahan lic opinion polls show that more than Doyle, Michael McCollum Trone 95 percent of the American people sup- Mr. RASKIN. Mr. Speaker, I yield F. McEachin Underwood port what we are trying to do here— back the balance of my time, and I Engel McGovern Van Drew close the gun show loophole, close the move the previous question on the res- Escobar McNerney Vargas Eshoo Meeks Veasey private sale loophole, close the inter- olution. Espaillat Meng Vela net loophole—make sure that every- The SPEAKER pro tempore. The Evans Moore Vela´ zquez body who purchases a gun in America question is on ordering the previous Finkenauer Morelle Visclosky question. Fletcher Moulton Wasserman is purchasing it only with the universal Foster Mucarsel-Powell Schultz comprehensive mental and criminal The question was taken; and the Fudge Murphy Waters background check. Speaker pro tempore announced that Gabbard Nadler Watson Coleman We have amendments for the discrete the ayes appeared to have it. Gallego Napolitano Welch Garamendi Neal Wexton exceptions that are necessary, includ- Mrs. LESKO. Mr. Speaker, on that I Garcı´a (IL) Neguse Wild ing in cases of imminent violence, in- demand the yeas and nays. Garcia (TX) Norcross Wilson (FL) cluding rape and sexual assault via do- The yeas and nays were ordered. Golden O’Halleran Yarmuth mestic violence. We think that this The SPEAKER pro tempore. Pursu- NAYS—191 legislation is excellent legislation that ant to clause 9 of rule XX, this 15- Abraham Barr Burchett every Member of Congress should feel minute vote on ordering the previous Aderholt Bergman Burgess proud voting for. question will be followed by 5-minute Allen Biggs Byrne Mr. Speaker, I submit both H.R. 8, votes on: Amash Bilirakis Calvert Amodei Bishop (UT) Carter (GA) the Bipartisan Background Check Act, Adoption of House Resolution 145, if Armstrong Bost Carter (TX) as well as the bill to close the Charles- ordered; Arrington Brady Chabot ton loophole, so that criminals are not Ordering the previous question on Babin Brooks (AL) Cheney given guns after 3 days. We are able to House Resolution 144; and Bacon Brooks (IN) Cline Baird Buchanan Cloud delay that process in the event that Adoption of House Resolution 144, if Balderson Buck Cole more investigation is needed. ordered. Banks Budd Collins (GA)

VerDate Sep 11 2014 02:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.041 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2128 CONGRESSIONAL RECORD — HOUSE February 26, 2019 Collins (NY) Hurd (TX) Rodgers (WA) Costa Khanna Price (NC) Kelly (MS) Olson Stauber Comer Johnson (LA) Roe, David P. Courtney Kildee Quigley Kelly (PA) Palazzo Stefanik Conaway Johnson (OH) Rogers (AL) Cox (CA) Kilmer Raskin King (NY) Palmer Steil Cook Johnson (SD) Rogers (KY) Craig Kim Rice (NY) Kinzinger Pence Steube Crawford Jordan Rooney (FL) Crist Kind Richmond Kustoff (TN) Perry Stewart Crenshaw Joyce (OH) Rose, John W. Crow Kirkpatrick Rose (NY) LaHood Peterson Stivers Curtis Joyce (PA) Rouzer Cuellar Krishnamoorthi Rouda LaMalfa Posey Taylor Davidson (OH) Kelly (MS) Roy Cummings Kuster (NH) Roybal-Allard Lamborn Ratcliffe Thompson (PA) Davis, Rodney Kelly (PA) Rutherford Cunningham Lamb Ruiz Latta Reed Thornberry DesJarlais King (NY) Scalise Davids (KS) Langevin Ruppersberger Lesko Reschenthaler Timmons Diaz-Balart Kinzinger Long Schweikert Davis (CA) Larsen (WA) Rush Rice (SC) Tipton Duffy Kustoff (TN) Loudermilk Riggleman Scott, Austin Davis, Danny K. Larson (CT) Ryan Turner Duncan LaHood Lucas Roby Sensenbrenner Dean Lawrence Sa´ nchez Upton Dunn LaMalfa Luetkemeyer Rodgers (WA) Shimkus DeGette Lawson (FL) Sarbanes Walberg Emmer Lamborn DeLauro Lee (CA) Marchant Roe, David P. Simpson Scanlon Walden Estes Latta DelBene Lee (NV) Marshall Rogers (AL) Smith (MO) Schakowsky Walker Ferguson Lesko Delgado Levin (CA) Massie Rogers (KY) Smith (NE) Schiff Walorski Fitzpatrick Long Demings Levin (MI) Mast Rooney (FL) Smith (NJ) Schneider Waltz Fleischmann Loudermilk DeSaulnier Lewis McCarthy Rose, John W. Smucker Watkins Flores Lucas Deutch Lieu, Ted Schrader McCaul Rouzer Spano Weber (TX) Fortenberry Luetkemeyer Dingell Lipinski Schrier McClintock Roy Stauber Webster (FL) Foxx (NC) Marchant Doggett Loebsack Scott (VA) McHenry Rutherford Stefanik Wenstrup Fulcher Marshall Doyle, Michael Lofgren Scott, David McKinley Scalise Steil Gaetz Massie F. Lowenthal Serrano Meadows Schweikert Westerman Steube Gallagher Mast Engel Luja´ n Sewell (AL) Meuser Scott, Austin Williams Stewart Gianforte McCarthy Escobar Luria Shalala Miller Sensenbrenner Wilson (SC) Stivers Gibbs McCaul Eshoo Lynch Sherman Mitchell Shimkus Wittman Taylor Gohmert McClintock Espaillat Malinowski Sherrill Moolenaar Simpson Womack Thompson (PA) Gonzalez (OH) McHenry Evans Maloney, Sires Mooney (WV) Smith (MO) Woodall Thornberry Gooden McKinley Finkenauer Carolyn B. Slotkin Mullin Smith (NE) Wright Timmons Gosar Meadows Fletcher Maloney, Sean Soto Newhouse Smith (NJ) Yoho Tipton Granger Meuser Foster Matsui Spanberger Norman Smucker Young Turner Graves (GA) Miller Fudge McAdams Speier Nunes Spano Zeldin Graves (LA) Mitchell Upton Gabbard McBath Walberg Stanton NOT VOTING—10 Graves (MO) Moolenaar Gallego McCollum Stevens Green (TN) Mooney (WV) Walden Garamendi McEachin Suozzi Cohen Hagedorn Smith (WA) Griffith Mullin Walorski DeFazio Katko Garcı´a (IL) McGovern Swalwell (CA) Wagner Grothman Newhouse Waltz Frankel King (IA) Garcia (TX) McNerney Takano Guest Norman Watkins Fulcher Lowey Gomez Meeks Thompson (CA) Guthrie Nunes Weber (TX) Gonzalez (TX) Meng Thompson (MS) Hagedorn Olson Webster (FL) Gottheimer Moore Titus b 1510 Harris Palazzo Wenstrup Green (TX) Morelle Tlaib Hartzler Palmer Westerman Grijalva Moulton So the resolution was agreed to. Tonko Hern, Kevin Pence Williams Haaland Mucarsel-Powell Torres (CA) The result of the vote was announced Herrera Beutler Perry Wilson (SC) Harder (CA) Murphy Torres Small as above recorded. Hice (GA) Posey Wittman Hastings Nadler (NM) A motion to reconsider was laid on Higgins (LA) Ratcliffe Womack Hayes Napolitano Trahan Holding Reed Woodall Heck Neal the table. Hollingsworth Reschenthaler Wright Higgins (NY) Neguse Trone Hudson Rice (SC) Yoho Hill (CA) Norcross Underwood f Huizenga Riggleman Young Himes O’Halleran Van Drew Hunter Roby Zeldin Horn, Kendra S. Ocasio-Cortez Vargas Veasey PROVIDING FOR CONSIDERATION NOT VOTING—11 Horsford Omar Houlahan Pallone Vela OF H.J. RES. 46, TERMINATION Bucshon Hill (AR) Smith (WA) Hoyer Panetta Vela´ zquez OF NATIONAL EMERGENCY DE- Cohen Katko Wagner Huffman Pappas Visclosky CLARED BY THE PRESIDENT ON DeFazio King (IA) Walker Jackson Lee Pascrell Wasserman FEBRUARY 15, 2019 Frankel Lowey Jayapal Payne Schultz Jeffries Perlmutter Waters The SPEAKER pro tempore. The un- b 1458 Johnson (GA) Peters Watson Coleman finished business is the vote on order- Johnson (TX) Phillips Welch Messrs. HURD of Texas and WALDEN Kaptur Pingree Wexton ing the previous question on the reso- changed their vote from ‘‘yea’’ to Keating Pocan Wild lution (H. Res. 144) providing for con- ‘‘nay.’’ Kelly (IL) Porter Wilson (FL) sideration of the joint resolution (H.J. So the previous question was ordered. Kennedy Pressley Yarmuth Res. 46) relating to a national emer- The result of the vote was announced NAYS—194 gency declared by the President on as above recorded. February 15, 2019, on which the yeas The SPEAKER pro tempore. The Abraham Cheney Golden Aderholt Cline Gonzalez (OH) and nays were ordered. question is on the resolution. Allen Cloud Gooden The Clerk read the title of the resolu- The question was taken; and the Amash Cole Gosar tion. Speaker pro tempore announced that Amodei Collins (GA) Granger The SPEAKER pro tempore. The the ayes appeared to have it. Armstrong Collins (NY) Graves (GA) question is on ordering the previous Mrs. LESKO. Mr. Speaker, on that I Arrington Comer Graves (LA) Babin Conaway Graves (MO) question. demand the yeas and nays. Bacon Cook Green (TN) This is a 5-minute vote. The yeas and nays were ordered. Baird Crawford Griffith The vote was taken by electronic de- The SPEAKER pro tempore. This is a Balderson Crenshaw Grothman vice, and there were—yeas 228, nays 5-minute vote. Banks Curtis Guest 193, not voting 10, as follows: The vote was taken by electronic de- Barr Davidson (OH) Guthrie Bergman Davis, Rodney Harris [Roll No. 92] vice, and there were—yeas 227, nays Biggs DesJarlais Hartzler YEAS—228 194, not voting 10, as follows: Bilirakis Diaz-Balart Hern, Kevin Adams Brown (MD) Clarke (NY) Bishop (UT) Duffy Herrera Beutler [Roll No. 91] Aguilar Brownley (CA) Clay Bost Duncan Hice (GA) Allred Bustos Cleaver YEAS—227 Brady Dunn Higgins (LA) Axne Butterfield Clyburn Adams Boyle, Brendan Castor (FL) Brooks (AL) Emmer Hill (AR) Barraga´ n Carbajal Connolly Aguilar F. Castro (TX) Brooks (IN) Estes Holding Bass Ca´ rdenas Cooper Allred Brindisi Chu, Judy Buchanan Ferguson Hollingsworth Beatty Carson (IN) Correa Axne Brown (MD) Cicilline Buck Fitzpatrick Hudson Bera Cartwright Costa Barraga´ n Brownley (CA) Cisneros Bucshon Fleischmann Huizenga Beyer Case Courtney Bass Bustos Clark (MA) Budd Flores Hunter Bishop (GA) Casten (IL) Cox (CA) Beatty Butterfield Clarke (NY) Burchett Fortenberry Hurd (TX) Blumenauer Castor (FL) Craig Bera Carbajal Clay Burgess Foxx (NC) Johnson (LA) Blunt Rochester Castro (TX) Crist Beyer Ca´ rdenas Cleaver Byrne Gaetz Johnson (OH) Bonamici Chu, Judy Crow Bishop (GA) Carson (IN) Clyburn Calvert Gallagher Johnson (SD) Boyle, Brendan Cicilline Cuellar Blumenauer Cartwright Connolly Carter (GA) Gianforte Jordan F. Cisneros Cummings Blunt Rochester Case Cooper Carter (TX) Gibbs Joyce (OH) Brindisi Clark (MA) Cunningham Bonamici Casten (IL) Correa Chabot Gohmert Joyce (PA)

VerDate Sep 11 2014 05:00 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.012 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2129 Davids (KS) Krishnamoorthi Raskin Latta Posey Steube Krishnamoorthi Neal Serrano Davis (CA) Kuster (NH) Rice (NY) Lesko Ratcliffe Stewart Kuster (NH) Neguse Sewell (AL) Davis, Danny K. Lamb Richmond Long Reed Taylor Lamb Norcross Shalala Dean Langevin Rose (NY) Loudermilk Reschenthaler Thompson (PA) Langevin O’Halleran Sherman DeGette Larsen (WA) Rouda Lucas Rice (SC) Thornberry Larsen (WA) Ocasio-Cortez Sherrill DeLauro Larson (CT) Roybal-Allard Luetkemeyer Riggleman Timmons Larson (CT) Omar Sires DelBene Lawrence Ruiz Marchant Roby Tipton Lawrence Pallone Slotkin Delgado Lawson (FL) Ruppersberger Marshall Rodgers (WA) Turner Lawson (FL) Panetta Soto Massie Roe, David P. Demings Lee (CA) Rush Upton Lee (CA) Pappas Spanberger DeSaulnier Lee (NV) Mast Rogers (AL) Lee (NV) Pascrell Speier Ryan Walberg Deutch Levin (CA) McCarthy Rogers (KY) Levin (CA) Payne Stanton Sa´ nchez Walden Dingell Levin (MI) McCaul Rooney (FL) Levin (MI) Perlmutter Stevens Sarbanes Walker Doggett Lewis McClintock Rose, John W. Lewis Peters Suozzi Scanlon Walorski Doyle, Michael Lieu, Ted Schakowsky McHenry Rouzer Lieu, Ted Peterson Swalwell (CA) F. Lipinski McKinley Roy Waltz Lipinski Phillips Takano Schiff Watkins Engel Loebsack Schneider Meadows Rutherford Loebsack Pingree Thompson (CA) Meuser Scalise Weber (TX) Escobar Lofgren Schrader Lofgren Pocan Thompson (MS) Miller Schweikert Webster (FL) Eshoo Lowenthal Schrier Lowenthal Porter Titus Espaillat Luja´ n Mitchell Scott, Austin Wenstrup ´ Scott (VA) Lujan Pressley Tlaib Evans Luria Moolenaar Sensenbrenner Westerman Luria Price (NC) Tonko Scott, David Finkenauer Lynch Mooney (WV) Shimkus Lynch Quigley Torres (CA) Serrano Williams Fletcher Malinowski Mullin Simpson Malinowski Raskin Torres Small Sewell (AL) Wilson (SC) Foster Maloney, Newhouse Smith (MO) Maloney, Rice (NY) (NM) Shalala Wittman Fudge Carolyn B. Norman Smith (NE) Carolyn B. Richmond Trahan Sherman Womack Gabbard Maloney, Sean Nunes Smith (NJ) Maloney, Sean Rose (NY) Trone Sherrill Woodall Gallego Matsui Olson Smucker Matsui Rouda Underwood Sires Wright Garamendi McAdams Palazzo Spano McAdams Roybal-Allard Van Drew Slotkin Yoho Garcı´a (IL) McBath Palmer Stauber McBath Ruiz Vargas Soto Young Garcia (TX) McCollum Pence Stefanik McCollum Ruppersberger Veasey Spanberger Zeldin Golden McEachin Perry Steil McEachin Rush Vela Gomez McGovern Speier McGovern Ryan Vela´ zquez Gonzalez (TX) McNerney Stanton NOT VOTING—10 McNerney Sa´ nchez Visclosky Stevens Gottheimer Meeks Cohen Katko Stivers Meeks Sarbanes Wasserman Suozzi Green (TX) Meng DeFazio King (IA) Wagner Meng Scanlon Schultz Swalwell (CA) Haaland Moore Frankel Lowey Moore Schakowsky Waters Harder (CA) Morelle Takano Grijalva Smith (WA) Morelle Schiff Watson Coleman Hastings Moulton Thompson (CA) Moulton Schneider Welch Thompson (MS) Hayes Mucarsel-Powell b 1520 Mucarsel-Powell Schrader Wexton Heck Murphy Titus Murphy Schrier Wild Higgins (NY) Nadler Tlaib So the previous question was ordered. Nadler Scott (VA) Wilson (FL) Hill (CA) Napolitano Tonko The result of the vote was announced Napolitano Scott, David Yarmuth Himes Neal Torres (CA) Horn, Kendra S. Neguse Torres Small as above recorded. NAYS—193 Horsford Norcross (NM) The SPEAKER pro tempore. The Houlahan O’Halleran Trahan question is on the resolution. Abraham Flores Marshall Trone Aderholt Fortenberry Massie Hoyer Ocasio-Cortez The question was taken; and the Huffman Omar Underwood Allen Foxx (NC) Mast Jackson Lee Pallone Van Drew Speaker pro tempore announced that Amash Fulcher McCarthy Jayapal Panetta Vargas the ayes appeared to have it. Amodei Gaetz McCaul Armstrong Gallagher McClintock Jeffries Pappas Veasey Mr. WOODALL. Mr. Speaker, on that Johnson (GA) Pascrell Vela Arrington Gianforte McKinley Johnson (TX) Payne Vela´ zquez I demand the yeas and nays. Babin Gibbs Meadows Kaptur Perlmutter Visclosky The yeas and nays were ordered. Bacon Gohmert Meuser Keating Peters Wasserman Baird Gonzalez (OH) Miller The SPEAKER pro tempore. This is a Balderson Gooden Mitchell Kelly (IL) Peterson Schultz 5-minute vote. Kennedy Phillips Waters Banks Gosar Moolenaar Khanna Pingree Watson Coleman The vote was taken by electronic de- Barr Granger Mooney (WV) Kildee Pocan Welch vice, and there were—yeas 229, nays Bergman Graves (GA) Mullin Biggs Graves (LA) Newhouse Kilmer Porter Wexton 193, not voting 9, as follows: Kim Pressley Wild Bilirakis Graves (MO) Norman Kind Price (NC) Wilson (FL) [Roll No. 93] Bishop (UT) Green (TN) Nunes Kirkpatrick Quigley Yarmuth Bost Griffith Olson YEAS—229 Brady Grothman Palazzo NAYS—193 Adams Cooper Garamendi Brooks (AL) Guest Palmer Aguilar Correa Garcı´a (IL) Brooks (IN) Guthrie Pence Abraham Cole Graves (LA) Allred Costa Garcia (TX) Buchanan Hagedorn Perry Aderholt Collins (GA) Graves (MO) Axne Courtney Golden Buck Harris Posey Allen Collins (NY) Green (TN) Barraga´ n Cox (CA) Gomez Bucshon Hartzler Ratcliffe Amash Comer Griffith Bass Craig Gonzalez (TX) Budd Hern, Kevin Reed Amodei Conaway Grothman Beatty Crist Gottheimer Burchett Herrera Beutler Reschenthaler Armstrong Cook Guest Bera Crow Green (TX) Burgess Hice (GA) Rice (SC) Arrington Crawford Guthrie Beyer Cuellar Grijalva Byrne Higgins (LA) Riggleman Babin Crenshaw Hagedorn Bishop (GA) Cummings Haaland Calvert Hill (AR) Roby Bacon Curtis Harris Blumenauer Cunningham Harder (CA) Carter (GA) Holding Rodgers (WA) Baird Davidson (OH) Hartzler Blunt Rochester Davids (KS) Hastings Carter (TX) Hollingsworth Roe, David P. Balderson Davis, Rodney Hern, Kevin Bonamici Davis (CA) Hayes Chabot Hudson Rogers (AL) Banks DesJarlais Herrera Beutler Boyle, Brendan Davis, Danny K. Heck Cheney Huizenga Rogers (KY) Barr Diaz-Balart Hice (GA) F. Dean Higgins (NY) Cline Hunter Rooney (FL) Bergman Duffy Higgins (LA) Brindisi DeGette Hill (CA) Cloud Hurd (TX) Rose, John W. Biggs Duncan Hill (AR) Brown (MD) DeLauro Himes Cole Johnson (LA) Rouzer Bilirakis Dunn Holding Brownley (CA) DelBene Horn, Kendra S. Collins (GA) Johnson (OH) Roy Bishop (UT) Emmer Hollingsworth Bustos Delgado Horsford Collins (NY) Johnson (SD) Rutherford Bost Estes Hudson Butterfield Demings Houlahan Comer Jordan Scalise Brady Ferguson Huizenga Carbajal DeSaulnier Hoyer Conaway Joyce (OH) Schweikert Brooks (AL) Fitzpatrick Hunter Ca´ rdenas Deutch Huffman Cook Joyce (PA) Scott, Austin Brooks (IN) Fleischmann Hurd (TX) Carson (IN) Dingell Jackson Lee Crawford Kelly (MS) Sensenbrenner Buchanan Flores Johnson (LA) Cartwright Doggett Jayapal Crenshaw Kelly (PA) Shimkus Buck Fortenberry Johnson (OH) Case Doyle, Michael Jeffries Curtis King (NY) Simpson Bucshon Foxx (NC) Johnson (SD) Casten (IL) F. Johnson (GA) Davidson (OH) Kinzinger Smith (MO) Budd Fulcher Jordan Castor (FL) Engel Johnson (TX) Davis, Rodney Kustoff (TN) Smith (NE) Burchett Gaetz Joyce (OH) Castro (TX) Escobar Kaptur DesJarlais LaHood Smith (NJ) Burgess Gallagher Joyce (PA) Chu, Judy Eshoo Keating Diaz-Balart LaMalfa Smucker Byrne Gianforte Kelly (MS) Cicilline Espaillat Kelly (IL) Duffy Lamborn Spano Calvert Gibbs Kelly (PA) Cisneros Evans Kennedy Duncan Latta Stauber Carter (GA) Gohmert King (NY) Clark (MA) Finkenauer Khanna Dunn Lesko Stefanik Carter (TX) Gonzalez (OH) Kinzinger Clarke (NY) Fletcher Kildee Emmer Long Steil Chabot Gooden Kustoff (TN) Clay Foster Kilmer Estes Loudermilk Steube Cheney Gosar LaHood Cleaver Fudge Kim Ferguson Lucas Stewart Cline Granger LaMalfa Clyburn Gabbard Kind Fitzpatrick Luetkemeyer Stivers Cloud Graves (GA) Lamborn Connolly Gallego Kirkpatrick Fleischmann Marchant Taylor

VerDate Sep 11 2014 03:18 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.014 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2130 CONGRESSIONAL RECORD — HOUSE February 26, 2019 Thompson (PA) Walorski Wittman that the resolution be considered as marks and insert extraneous material Thornberry Waltz Womack read and printed in the RECORD. on H.J. Res. 46. Timmons Watkins Woodall Tipton Weber (TX) Wright The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Is there Turner Webster (FL) Yoho objection to the request of the gen- objection to the request of the gen- Upton Wenstrup Young tleman from New York? tleman from Georgia? Walberg Westerman Zeldin Walden Williams There was no objection. There was no objection. Walker Wilson (SC) The resolution was agreed to. Mr. JOHNSON of Georgia. Mr. Speak- er, I yield myself such time as I may NOT VOTING—9 A motion to reconsider was laid on the table. consume. Cohen Katko McHenry DeFazio King (IA) Smith (WA) f President Trump’s decision to de- Frankel Lowey Wagner clare a national emergency at the COMMUNICATION FROM THE southern border to siphon funds for his b 1530 CLERK OF THE HOUSE border wall is an unconstitutional, gro- So the resolution was agreed to. The SPEAKER pro tempore laid be- tesque abuse of power. The result of the vote was announced fore the House the following commu- An emergency declaration is not a as above recorded. nication from the Clerk of the House of last-ditch maneuver to employ when A motion to reconsider was laid on Representatives: all negotiation attempts have failed. the table. CONGRESS OF THE UNITED STATES, The House of Representatives has re- Stated against: Washington, DC, February 26, 2019. jected the President’s border wall. The Mr. MCHENRY. Mr. Speaker, I was unavoid- Hon. NANCY PELOSI, Senate has rejected the border wall. ably detained. Had I been present, I would Speaker, House of Representatives, And the American people have rejected have voted ‘‘nay’’ on rollcall No. 93. Washington, DC. this useless wall. PERSONAL EXPLANATION DEAR MADAM SPEAKER: Under Clause 2(g) The President does not get to over- Mr. KING of Iowa. Mr. Speaker, I was un- of Rule II of the Rules of the U.S. House of ride Congress in a raucous temper tan- able to vote on February 26, 2019 due to my Representatives, I herewith designate Ms. trum over his inability to broker a Gloria Lett, Deputy Clerk, Mr. Robert flight being delayed on account of inclement Reeves, Deputy Clerk, and Lloyd Horwich, deal. The National Emergencies Act weather. Had I been present, I would have Legal Counsel, to sign any and all papers and was enacted in 1976 to expedite the al- voted no on Roll Call No. 90, no on Roll Call do all other acts for me under the name of location of resources for real emer- No. 91, no on Roll Call No. 92, and no on Roll the Clerk of the House which they would be gencies to save American lives and Call No. 93. authorized to do by virtue of this designa- mitigate damage caused by natural dis- f tion, except such as are provided by statute, asters and acts of terror. It was not in case of my temporary absence or dis- fashioned to allow a President to deny RESIGNATION AS MEMBER OF ability. the will of Congress and the American COMMITTEE ON VETERANS’ AF- This designation shall remain in effect for people. FAIRS the 116th Congress or until modified by me. With best wishes, I am Both Democrats and Republicans The SPEAKER pro tempore laid be- Sincerely, alike should be very concerned about fore the House the following resigna- CHERYL L. JOHNSON, the ramifications of this unprecedented tion as a member of the Committee on Clerk of the House. executive action. It is a direct threat Veterans’ Affairs: f to the balance of power that our coun- CONGRESS OF THE UNITED STATES, try was built upon and a violation of TERMINATION OF NATIONAL HOUSE OF REPRESENTATIVES, our Nation’s Constitution. Washington, DC, February 26, 2019. EMERGENCY DECLARED BY THE There is also no factual basis for the DEAR MADAME SPEAKER: Due to a clerical PRESIDENT ON FEBRUARY 15, emergency declaration. Immigration error outside of our office, I have been mis- 2019 takenly added to the House Veterans’ Affairs from the southern border has signifi- Committee roster. I am submitting this Mr. JOHNSON of Georgia. Mr. Speak- cantly decreased in the last 10 years. statement to remedy this error. I hereby re- er, pursuant to House Resolution 144, I Any attempts to characterize the bor- sign from the House Veterans’ Affairs Com- call up the joint resolution (H.J. Res. der as a crisis zone are flagrant abuses mittee. 46) relating to a national emergency of statistics, which have shown that Sincerely, declared by the President on February border crossings are at the lowest they ANDY LEVIN. 15, 2019, and ask for its immediate con- have been in 40 years. The SPEAKER pro tempore. Without sideration in the House. President Trump has long proved he objection, the resignation is accepted. The Clerk read the title of the joint is not married to the truth or facts, There was no objection. resolution. and he has no proof to substantiate his f The SPEAKER pro tempore. Pursu- wild claims about the status of the ant to House Resolution 144, the joint United States and the Mexican border. ELECTING MEMBERS TO CERTAIN resolution is considered read. We cannot abandon our commitment STANDING COMMITTEES OF THE The text of the joint resolution is as to responsible governing and the truth HOUSE OF REPRESENTATIVES follows: because President Trump is outraged Mr. JEFFRIES. Mr. Speaker, by di- H.J. RES. 46 at his inability to fulfill a campaign rection of the Democratic Caucus, I Resolved by the Senate and House of Rep- promise. offer a privileged resolution and ask resentatives of the United States of America in There is wide bipartisan support for for its immediate consideration. Congress assembled, That, pursuant to section this measure, and our democracy de- The Clerk read the resolution, as fol- 202 of the National Emergencies Act (50 mands that we condemn this subver- lows: U.S.C. 1622), the national emergency declared sion of our Constitution and this mis- H. RES. 148 by the finding of the President on February use of Presidential power. 15, 2019, in Proclamation 9844 (84 Fed. Reg. Resolved, That the following named Mem- Mr. Speaker, I reserve the balance of 4949) is hereby terminated. bers be, and are hereby, elected to the fol- my time. lowing standing committees of the House of The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. Mem- Representatives: tleman from Georgia (Mr. JOHNSON) bers are reminded to refrain from en- COMMITTEE ON ETHICS: Mr. Brown of Mary- and the gentleman from Missouri (Mr. gaging in personalities toward the land. GRAVES) each will control 30 minutes. President. COMMITTEE ON NATURAL RESOURCES: Mr. The Chair recognizes the gentleman Tonko. Mr. GRAVES of Missouri. Mr. Speak- from Georgia. COMMITTEE ON SMALL BUSINESS: Mrs. Craig. er, I yield myself such time as I may COMMITTEE ON VETERANS AFFAIRS: Mr. GENERAL LEAVE consume. Levin of California (to rank immediately Mr. JOHNSON of Georgia. Mr. Speak- Mr. Speaker, the President clearly after Mr. Lamb). er, I ask unanimous consent that all laid out the case for the declaration of Mr. JEFFRIES (during the reading). Members may have 5 legislative days a national emergency in his State of Mr. Speaker, I ask unanimous consent in which to revise and extend their re- the Union Address right here. National

VerDate Sep 11 2014 05:00 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.015 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2131 security is obviously the President’s or whether we will stand down, in favor But not only this President recognizes highest priority, and I support his ef- of the President. it. The previous President, Obama, in forts to build a wall. The precedent that may be set today 2014, did as well when he requested $3.7 There is a crisis. There is a crisis at and this week, or next week when the billion in emergency spending to se- the border that could have been ad- Senate votes if Congress allows this cure the border. dressed much sooner and prevented. President’s emergency declaration to Where was the outrage then? Where Open border policies of the last admin- stand will not have ramifications only was the outrage from my colleagues istration compounded this growing on this matter or the building of a bor- across the aisle? problem. der wall. If the President is successful, President Obama even went further We have schools, hospitals, and other he will likely come back for more. He to say that we needed to secure our services that have become over- will likely circumvent Congress again, border to deter both adults and chil- crowded. American workers have been in the same unconstitutional way. dren from the dangerous journey that hurt by reduced job opportunities and Not only will this President do it, fu- they embarked on. lower wages. At the same time, human ture Presidents will do it. Where was the outrage across the and drug trafficking has thrived. I ask you this: How are we to tell a aisle then, Mr. Speaker? It was not In many communities, the notorious future President, if this President is there. MS–13 gang has grown. We have seen successful, that gun deaths, which Keeping criminals, human traf- tragic cases of crimes committed by il- number in the tens of thousands, are fickers, and drug smugglers away from legal aliens who have been deported not a national emergency, that opioid our communities is paramount. not once, not even twice, but multiple deaths are not a national emergency, b 1545 times. that climate change is not a national I want to cite just one example from emergency? Yes, indeed, we do have an opioid my home State of Missouri. A man This will allow a President to side- problem. We have actually appro- named Pablo Serrano-Vitorino was de- line Congress from much of domestic priated billions of dollars to address ported to Mexico after a felony convic- policy. that. And yet, somehow, the drugs tion in 2003. He later returned to this Bear in mind, over the years, Con- flowing across our southern border are country illegally and was arrested gress has already, on its own, I believe, not a crisis? again in 2014 and 2015 after several given up a lot of its authority with re- Again, President Obama seemed to more violent incidents, but he re- spect to foreign policy. agree with this and declared a national It is also clear that there is no emer- mained in the U.S. emergency for transnational criminal gency at the border. Border crossings Then, in 2016, this individual, who organizations, specifically calling out are at a four-decade low. The folks who had no right to be in this country, was Mexico’s Los Zetas gang, and provided are coming today are presenting them- charged for murdering five people in more authority for ICE to actually selves to Border Patrol agents seeking Kansas City, Kansas, and Montgomery combat that; a national emergency. asylum, not trying to get around the County, Missouri. Where was the outrage across the aisle Stories like this are not unique to border. then? There are more law enforcement offi- Missouri, Mr. Speaker. These horri- But we don’t even have to look just cers at our border—Federal, State, and fying events are happening across this at the previous administration. Presi- local officers—than at any time in our country. dent Clinton also declared a national Nation’s history. emergency to go after narcotics traf- This is a crisis. The men and women Since its founding, this country has fickers. who put their lives on the line every become the most powerful and pros- day to bring order and security to our Mr. Speaker, I just find it just unbe- perous on the face of the Earth without lievable that here today, that we have borders deserve the tools that they a border wall. That is why most Ameri- need to do the job, and now this Presi- got these newfound constitutionalists cans disagree with the President usurp- across the aisle, wanting to rein in the dent is taking decisive action to finally ing the power of Congress to build his address the crisis using the authority President’s authority. border wall. This is about defeating President provided to him by the Congress. In fact, not only do they disagree Trump. I encourage a ‘‘no’’ vote on this The National Emergencies Act is with that, they disagree with using resolution. very clear. The provisions the Presi- military construction money on this Mr. JOHNSON of Georgia. Mr. Speak- dent will use under title 10 explicitly border project. Cities like mine, San er, I yield myself such time as I may provide the President with clear au- Antonio, stand to lose millions of dol- consume. thority. lars in military construction. I support the President’s efforts. I be- Mr. Speaker, I urge my colleagues to The American people should know lieve he is well within the law in mak- vote for this resolution. that there are not any statutes that ing this declaration, and I urge my col- Mr. GRAVES of Missouri. Mr. Speak- would allow a President to declare an leagues to oppose H.J. Res. 46. er, let’s be clear: Congress explicitly emergency to build a border wall, not Mr. Speaker, I reserve the balance of authorized the President to undertake one piece of legislation would allow my time. certain military construction projects that. Mr. JOHNSON of Georgia. Mr. Speak- that are not otherwise authorized by Previous Presidents have declared er, I yield 21⁄2 minutes to the gentleman law when it passed the National Secu- emergencies, but they have never ven- from Texas (Mr. CASTRO). rity Act. The President is working tured into the legislative prerogative Mr. CASTRO of Texas. Mr. Speaker, within the legal boundaries that the to allocate funding, and that is the dif- about 6 weeks ago, when the rumors Congress gave him. ference that we have here. began that the President might declare Mr. Speaker, I yield 2 minutes to the Mr. Speaker, I yield 2 minutes to the a national emergency to build his bor- gentleman from North Carolina (Mr. gentleman from New York (Mr. NAD- der wall, my staff and I began working MEADOWS). LER), the chair of the Judiciary Com- with legislative counsel to make sure Mr. MEADOWS. Mr. Speaker, the mittee. that Congress would have a say in what gentleman from Missouri is exactly Mr. NADLER. Mr. Speaker, President amounts to constitutional cannibalism right. It is the statutes that allow this Trump’s declaration of a national by the President. President to do this. emergency, as an excuse to build a wall This is the most consequential vote The statutes don’t provide for na- that Congress explicitly rejected, is an we will take in a generation on the bal- tional emergencies on climate change. abuse of his constitutional oath, and ance of powers between the legislative They don’t allow for national emer- cannot be tolerated by a coequal and the executive branches of govern- gencies on gun violence. But they do branch of government under the Con- ment, whether we will respect the sepa- allow it in terms of this particular stitution. We must reject this unlawful ration of powers enshrined in our Con- issue. power grab and reassert Congress’ au- stitution, stand up for Congress, for The President is exactly right. There thority to exercise the power of the this country, and for the Constitution, is a crisis at the border, Mr. Speaker. purse.

VerDate Sep 11 2014 03:18 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.055 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2132 CONGRESSIONAL RECORD — HOUSE February 26, 2019 The Constitution could not be clear- cised his clear authority under a clear But if you really wanted to take Ar- er: ‘‘No money shall be drawn from the Federal statute, duly-enacted by Con- ticle I authority, then actually look at Treasury, but in consequence of appro- gress, to use funds already appro- the law itself. If you actually want to priations made by law.’’ That com- priated by Congress for the purpose of change it that is what this body ought mand reflects a fundamental principle securing our southern border. to be doing. that is older than our democracy itself: Mr. Speaker, I am glad about one If you don’t like the fact that the The chief executive cannot unilaterally thing today coming here. I am glad President can do something and espe- spend taxpayers’ money or redirect a that, for many of the years I have been cially my friends across the aisle who budget set by the people’s representa- here, I came through the Rules Com- don’t want this President to do any- tives. mittee, and others, and talked about thing, then fix the law. Go into this Earlier this year, Congress reached a Article I authority. I am glad now to emergency declaration and say, we will bipartisan compromise to fund the gov- see that we have others who have now define what a national emergency is. ernment, and it was signed by the figured that Article I probably needs to We will do that. President. Congress allocated limited be enforced. They don’t want to do that because funding for fencing in certain areas, What is interesting is it is selective they don’t want to bind the hands be- but squarely rejected the President’s enforcement against a President they cause they know that the law was writ- request to build a medieval barrier don’t like, for a purpose they don’t ten for a purpose that has been upheld across the southern border. want, for a wall that they don’t want for over 40 years. This is simply a Almost immediately, the President to have because securing a border is show. It is a farce. decided to rewrite the budget set by not the top agenda for them. Let’s just get to the political aspect Congress, and he told us exactly why. I get it if you don’t like it. But argue of this and say, Mr. Speaker, we don’t He was not satisfied with what he got with the law. The statute itself and the like the President. We don’t like what from the process that the Constitution President’s actions, in accordance with he is doing. Oops, we forgot about this dictates, so he did an end run and made it, rest solidly within the separation of law, and the President said, I will act it an emergency. powers, and are certainly constitu- under the authority given to me by He and his aides have barely even tional. Congress. tried to pretend that the so-called If you are citing the Supreme Court You can have all the arguments you emergency is a real one. They know case of Youngstown against the Presi- want, but at the end of the day, Mr. that illegal immigration is at histori- dent’s action today during this debate, Speaker, when you cast this vote, don’t cally low levels. They know that chil- then I suggest you haven’t read the hide behind Article I. Don’t hide be- dren and families fleeing violence are case. That reasoning of the Youngs- tween separation of powers. Go to the coming here to make lawful asylum town case only applies when the Presi- law and look at what the law says and claims, not as some kind of invading dent is acting unilaterally and not pur- vote ‘‘no.’’ army. suant to a duly-elected statute by Con- Mr. GRAVES of Missouri. Mr. Speak- They know that illegal drugs over- gress. er, may I inquire as to how much time whelmingly get smuggled through Maybe the selective memory here is is remaining? ports of entry, and that a wall would do because the previous President actu- The SPEAKER pro tempore. The gen- nothing to change that. But they ally did that when he instituted the tleman from Missouri has 22 minutes refuse to let the facts and the law DACA program under no things that he remaining. stand in the way of their political could have found to actually work on. The gentleman from Georgia has 221⁄2 agenda. Then we discuss the issue of, is there Even worse, the emergency law that minutes remaining. an actual emergency on the border? Mr. JOHNSON of Georgia. Mr. Speak- President Trump invoked allows the er, I yield myself such time as I may military to redirect funds only if an You know, a President once noted, he emergency ‘‘requires the use of the said: ‘‘We have seen a significant rise consume. We have heard a lot of cries from the armed forces.’’ And those funds can be in apprehensions and processing of administration about there being a used only for construction projects children and individuals from Central that are ‘‘necessary to support such use America who are crossing into the problem on the southern border with of the armed forces.’’ United States in the Rio Grande Valley caravans loaded with people being But a wall cannot possibly be ‘‘nec- areas of the Southwest border. The in- human trafficked, and this is just sim- essary to support’’ a military operation dividuals who embark upon this per- ply unsubstantiated and unfounded. on the border because our laws prohibit ilous journey are subject to violent There are no reports that this hap- the military from engaging in law en- crime, abuse, extortion, as they rely on pening. This is a figment of the imagi- forcement activities. The military can- dangerous human smuggling networks nation of some in the administration. not enforce an immigration law, so the to transport them through Central Mr. Speaker, I yield 1 minute to the President’s actions are doubly unlaw- America and Mexico.’’ gentlewoman from the Virgin Islands ful. There is no real emergency; and Most may think that was from the (Ms. PLASKETT). even if there were, the President could current President. It was not. It was Ms. PLASKETT. Mr. Speaker, the not redirect military funds for a pur- from President Obama when he was re- President’s emergency declaration is, pose expressly prohibited to the mili- questing more money for the emer- in fact, a power grab to go outside the tary. gency on the border. bounds of the law and get what he Fortunately, the Constitution does The problem is the factual basis is failed to achieve in constitutional leg- not get suspended based on President there. We sat in a hearing today in the islative process. After failing to con- Trump’s preferences about what is con- Judiciary Committee, and I had to look vince the American people and Con- venient or ‘‘faster.’’ Our Nation’s at the faces of our Border Patrol gress to pay for his ineffective, waste- Founders left it up to all of us, includ- agents and ICE agents, and others deal- ful, multi-billion-dollar concrete wall, ing those of us in Congress, to act as ing with this on a day-to-day basis the President is now trying a desperate guardians against exactly this type of while all they get, many times from end run around Congress with his un- assault on our constitutional order. this body, is hate and derision when lawful emergency declaration. In that spirit, I proudly support this they are doing their job that we sent The President is declaring an emer- joint resolution, and I call upon my them to do. gency over a crisis that does not exist. colleagues on both sides of the aisle to My problem comes back here—if we The statute only applies to national stand up and do the same. can argue about different things—this emergencies that require use of the Mr. GRAVES of Missouri. Mr. Speak- was under the law and done by Repub- armed forces for military construction er, I yield 4 minutes to the gentleman licans and Democrats for the last al- projects ‘‘that are necessary to support from Georgia (Mr. COLLINS), who is on most 40 years. If you want to fix this, such use of the armed forces.’’ The bor- the Judiciary Committee. then you have done what you should do der wall is not a military construction Mr. COLLINS of Georgia. Mr. Speak- under law. You have brought your reso- project. It does not require the use of er, on February 15, the President exer- lution of disapproval. the military.

VerDate Sep 11 2014 03:18 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.057 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2133 The immigration law is the responsi- I encourage my colleagues to stand emergency that exists on our southern bility of the Federal immigration en- by President Trump’s decision to use border because of the high rate of un- forcement agencies, not the military. executive authority to carry out this checked, unregulated illegal immigra- The President’s declaration violates approach and keep America safe. tion, illegal immigration that is di- Federal law and that is the crisis. This Mr. JOHNSON of Georgia. Mr. Speak- rectly contributing to the flow of is a crisis, a crime against our Con- er, I yield myself such time as I may drugs, human trafficking, and gang stitution. It is an assault; it is a rape, consume. members into this country, not to what the President is doing now, I am glad that the other side ac- mention the humanitarian crisis of against the Constitution, against this knowledges that the people approach- those who feel compelled to make this legislative body. ing our southern border are not men journey to illegally enter this country. I am just in another world that I, as from Mexico, but they are families I think there seems to be some confu- a constitutional, strict constructionist, with children fleeing violence in Cen- sion among many of my colleagues and am on this side of the aisle on an issue tral America. That is an important dis- maybe many across the country about like this. tinction. the action of the President. The SPEAKER pro tempore. Mem- Mr. Speaker, I yield 1 minute to the President Trump is clearly acting bers are reminded to refrain from en- gentleman from Maryland (Mr. within the authority that is provided gaging in personalities toward the BROWN), vice chair of the House Armed by Congress to confront a border secu- President. Services Committee. rity and humanitarian crisis that con- Mr. GRAVES of Missouri. Mr. Speak- Mr. BROWN of Maryland. Mr. Speak- stitutes a national emergency. er, I yield myself such time as I may er, there is no national emergency on The threat to our border security is consume. evident from the sheer number of mi- I might remind my colleagues that our southern border. There are no ter- grants seeking to gain illegal entry Title 10, Section 2808, explicitly au- rorists who are being apprehended. into this country, and especially the thorizes the President to change the There is no invading hostile force, and number of criminal aliens in the form appropriation for military construc- border crossings remain at a 40-year of cartels, traffickers, and gangs. These tion. He is operating within the law. low. Mr. Speaker, I yield 2 minutes to the Pulling resources from military con- people will continue to take advantage gentleman from Alabama (Mr. ROG- struction projects, as President Trump of our weak borders for their own gain. I recognize that Congress has law- ERS), who is also the ranking Repub- would do, projects meant to improve lican of the Committee on Homeland readiness and support our servicemem- fully enacted the authority for the Security. bers, impacts our national security. It President to use military construction Mr. ROGERS of Alabama. Mr. Speak- will hurt military families who are al- funds to support Armed Forces to en- er, without a doubt, there is a crisis at ready dealing with military housing gage in accordance with the National the border. Changing demographics with mold and lead poisoning, and out- Emergencies Act. have created unprecedented challenges dated schools and medical facilities. Therefore, Mr. Speaker, I ask my col- for the Border Patrol. This declaration of national emer- leagues to oppose this joint resolution, In the early 2000s, most illegal border gency will keep thousands of Active- as the crisis at the border is real. crossers were young Mexican men and Duty troops needlessly deployed at the Mr. JOHNSON of Georgia. Mr. Speak- our laws allowed us to quickly return southern border and away from their er, I yield myself such time as I may them back to Mexico. But today, that scheduled training activities and oper- consume. flow of Mexican men has been replaced ational readiness. Mr. Speaker, my friends on the other with a mix of men, women, and chil- This is a fake emergency; and for side keep invoking the mantra, dren from Central American countries. President Trump to claim we need to ‘‘Obama, Obama.’’ Even though they Human traffickers are exploiting the build a wall to support our Armed opposed each and every initiative that loopholes in our laws and understand Forces, it is absurd and ridiculous. he put forward, regardless of merit, how our immigration system is broken. This emergency declaration is just an now they want to come back and cite These smugglers tell vulnerable fami- overreaching and dangerous power grab him for what he said and what he did. lies that their child is like their ‘‘visa’’ to push forward the President’s anti- But one thing he did not do was to allo- to stay in the U.S., if they can just get immigrant agenda and supposedly cate funding that he was not entitled themselves turned in to the border pa- boost his re-election chances. to. He always requested from the Con- trol. And these smugglers and their There is no national emergency; only gress funding authority. propaganda are effective. a crisis in the Oval Office. Mr. Speaker, I yield 1 minute to the Family apprehensions for fiscal year Mr. GRAVES of Missouri. Mr. Speak- gentleman from New York (Mr. 2019 are already 572 percent higher than er, I yield myself such time as I may ESPAILLAT). fiscal year 2013. And these traffickers consume. Mr. ESPAILLAT. Mr. Speaker, less don’t care about the people they smug- I might point out to my colleagues than 2 weeks ago, after a failed at- gle. The result is that immigrants of just how much of a national emergency tempt to establish consensus on border all ages are arriving on our doorstep in this is. security funding, President Trump, a terrible health. self-proclaimed master negotiator, b 1600 Border Patrol projects a 133 percent failed to get a border wall that he increase over last year in migrants It was President Obama who recog- originally said Mexico will pay for, so needing medical treatment after cross- nized the crisis at the border. In 2014, then he fraudulently invoked a na- ing the border. These changing migrant President Obama requested $3.7 billion tional emergency declaration to rob flows force our law enforcement offi- in emergency supplemental funding for taxpayers of funds from other pro- cers to act as paramedics, rather than what he described as a humanitarian grams. enforcing the laws that Congress has crisis, a humanitarian crisis at the bor- The President’s brazen decision not passed. der. He specifically cited an increase in only violates Congress’ constitutional We need an ‘‘all-of-the-above’’ ap- family units trying to cross the border powers of the purse laid out in Article proach to border security, and that in- and the lack of resources to accommo- I, Section 9, Clause 7, it is also a fab- cludes manpower, 21st century tech- date them. ricated emergency propped up by fake nology, and barriers. With this ap- Mr. Speaker, I yield 2 minutes to the statistics, racist undertones, and the proach, we will deter human smugglers gentleman from Alabama (Mr. ADER- blatant hypocrisy of a party that had and others crossing hundreds of miles HOLT). complete control of Washington for 2 of open desert with innocent children. Mr. ADERHOLT. Mr. Speaker, I years and didn’t see fit to fund this We know this approach works. In thank my colleague for yielding. useless, medieval wall themselves. areas where we have built a wall sys- Mr. Speaker, I rise today to oppose By diverting funds from military tem, such as Yuma, illegal traffic has the joint resolution to overturn the projects, the President has determined plummeted by 95 percent. Let’s build President’s declaration. I think it is that national security takes a backseat on this success. very clear that there is a national to his political priorities. Today, in the

VerDate Sep 11 2014 03:18 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.058 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2134 CONGRESSIONAL RECORD — HOUSE February 26, 2019 Senate, the head of the U.S. Northern We must reject this premise as the Mr. OLSON. Mr. Speaker, I thank my Command said that border crossers do presence of people like me in this coun- friend from Missouri for yielding, as I not pose a military threat. try, of people like my constituents in want to share my thoughts on this Mr. Speaker, there is no emergency. my district, a national emergency. purely political effort by the new Mr. GRAVES of Missouri. Mr. Speak- The SPEAKER pro tempore. Mem- Democratic majority. er, I yield 1 minute to the gentleman bers are reminded to refrain from en- Mr. Speaker, the U.S. and Mexico from Arkansas (Mr. CRAWFORD). gaging in personalities toward the border is 2,400 miles long. My home Mr. CRAWFORD. Mr. Speaker, I President. State of Texas is half that border, 1,200 thank the ranking member for yield- Mr. GRAVES of Missouri. Mr. Speak- miles. ing. er, I yield 1 minute to the gentlewoman Texas knows something others in Mr. Speaker, I rise in opposition to from West Virginia (Mrs. MILLER). this Chamber apparently don’t know: this resolution. Mrs. MILLER. Mr. Speaker, I rise We are at war on the southern border When President Trump declared a na- today because we must secure our bor- with the drug cartels. tional emergency, he did so in response der. We are in the midst of a national I say it again. We are at war on the to the ongoing humanitarian crisis at security and humanitarian crisis on southern border with the drug cartels our border and with full statutory au- our southern border which must be ad- from Mexico. thority vested in laws passed in this dressed. The drug cartels are at the heart of Earlier this month, Congress secured very Chamber. every single problem we have on our important and necessary funding to The majority claims that this resolu- southern border. They have a war tion of disapproval is in response to a protect over 55 miles of our most dan- gerous border where it has been so des- going with our families, our kids, and power grab by a President acting out of our schools with record numbers of line. Yet, by merely disapproving of perately needed. We have also provided funding for over 600 new border offi- heroin, cocaine, and deadly fentanyl. the emergency declaration, they are The drug cartels are at war with our preserving his statutory powers they cers. This was a good step in the right di- world values by financing modern-day claim are inappropriate. sex slaves or forced laborers. If my colleagues across the aisle are rection, but as we see again today, our All of Texas, 254 counties—from so concerned about separation of pow- colleagues from across the aisle remain Amarillo to Texarkana, to Beaumont, ers, why don’t they simply reform the unwilling to address our intensifying to Brownsville, to Marfa—are im- laws in title 10 and title 50 that the border crisis. With the national emer- pacted. They are at war with these President is using to respond to this gency declaration, President Trump is taking the steps our country needs to drug cartels. crisis? The answer is because this reso- The majority had better wake up and lution is not about the division of pow- stay safe and secure. Yes, this is an emergency. Cartels, have no more figments of imagination. ers; it is not even about border secu- human traffickers, and drug smugglers It is time to put politics aside and rity. The only reason this legislation is take advantage of our weak border for admit we are at war with the drug car- being considered on the floor today is their own gain, and it must be stopped. tels. to obstruct the President’s agenda. We need to stop traffickers from Mr. Speaker, let’s fight this war to The President has made it clear that bringing young girls and women into win and vote against the resolution he will use all statutory tools at his our country where they are sold into that surrenders to the drug cartels. disposal to secure the border, and that prostitution and slavery. As a mother Mr. JOHNSON of Georgia. Mr. Speak- is exactly what he is doing in declaring and a grandmother, this breaks my er, I yield 1 minute to the gentleman this emergency. heart. from Mississippi (Mr. THOMPSON), the Mr. Speaker, I urge my colleagues to We need to stop violent gangs like chair of the Homeland Security Com- oppose this legislation. MS–13 from entering our cities and Mr. GRAVES of Missouri. Mr. Speak- mittee. bringing their violence and evil onto er, may I inquire the amount of time Mr. THOMPSON of Mississippi. Mr. our streets. Speaker, I thank the gentleman from remaining. Mr. JOHNSON of Georgia. Mr. Speak- The SPEAKER pro tempore. The gen- Georgia for yielding to me. er, I yield 1 minute to the gentleman Mr. Speaker, I rise in strong support tleman from Missouri has 163⁄4 minutes from New York (Mr. JEFFRIES), our of the resolution. remaining. The gentleman from Geor- Caucus chair. gia has 18 minutes remaining. I was in west Texas this past week- Mr. JEFFRIES. Mr. Speaker, I thank end and saw nothing to justify the Mr. JOHNSON of Georgia. Mr. Speak- the distinguished gentleman for yield- er, I yield 1 minute to the gentleman President’s designation of a national ing. emergency. There aren’t gangs of vio- from Illinois (Mr. GARCI´A). Mr. Speaker, I rise in opposition to Mr. GARCI´A of Illinois. Mr. Speaker, lent criminals and terrorists over- this so-called declaration that is an- taking our southern border. my colleagues make some very good chored in a phony, fraudulent, and fake points. They make convincing argu- If there were a crisis, it is hard to national emergency. imagine a worse or less effective re- ments about executive overreach and There is no crisis at the border. sponse than a border wall, which will the misuse of Federal funds. I thank There is no basis in law or in fact for take months, if not years, to build. them for those statements, and I would this unconstitutional emergency dec- What I did see there are efforts to like to ask a more personal question. laration. Since when do we call human beings Illegal border crossings have not in- harden ports of entry. In fact, just days in need a national emergency? Have all creased; they have decreased. There is before I arrived in El Paso, sharp of President Trump’s other arguments no evidence of increased criminal ac- barbed wire was installed in the middle failed? Is he running out of insults for tivity on the border. There is no evi- of a busy port of entry. This barbed people like me, people who came from dence of increased drug trafficking on wire did not give off the impression Mexico to have a better life in this the border. There is no evidence that that this busy port of entry was wel- country? terrorists are pouring into the United coming commerce or visitors to the He used to call people like me bad States of America on the southern bor- United States. When questioned, offi- hombres. When that failed, he turned der. cials could not say who had signed off to other insults. And after they lose This is a fantasy made up by a on this project or how it fits into bor- their shock value, he calls us rapists, xenophobic administration to support a der security. then murderers. At that point, he ran medieval border wall that this Article I It is time for the administration to out of insults for people like me, so he Congress rejected. That is why House stop fear-mongering and accept reality. referred to us as coyotes. Democrats will work to defeat it. The only crisis on the border is a hu- Now, when all other labels have Mr. Speaker, vote ‘‘yes’’ on the reso- manitarian crisis, one created by this failed to achieve his central campaign lution of disapproval. administration, and a border wall will promise to build a medieval border Mr. GRAVES of Missouri. Mr. Speak- do nothing to alleviate the suffering. wall, he calls people like me a national er, I yield 2 minutes to the gentleman Mr. Speaker, I urge my colleagues to emergency? from Texas (Mr. OLSON). join me in voting for this resolution to

VerDate Sep 11 2014 03:18 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.060 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2135 stop the President from stripping Con- Not that he needed to do it much The respected Harvard Law School gress of its constitutional power of the faster, but he would just rather do it constitutional scholar Laurence Tribe purse. much faster. Of course, if the Mexicans said of the President, on Thursday: ‘‘He b 1615 were paying for it, perhaps he could is simply trying to do what emperors have. and kings do, not what a President of Mr. GRAVES of Missouri. Mr. Speak- Congress has a chance to answer the the United States should do.’’ er, I yield 1 minute to the gentlewoman President and make it clear that he In The Washington Post this week- from West Virginia (Mrs. MILLER). cannot make an end run around the end, columnist Max Boot noted why we Mrs. MILLER. Mr. Speaker, we need Constitution and claim powers reserved are now at a pivotal moment for Mem- to stop violent gangs like MS–13 from for the taxpayers’ representatives. bers of the President’s party in the entering our cities and bringing their Mr. Speaker, the Congress of the Congress, who are being asked to violence and evil onto our streets. We United States needs to have a spine choose between loyalty to the Presi- need to stop the drug smugglers from and not lay at the feet of the President dent and fidelity to the Constitution. devastating our communities and of the United States and say, ‘‘What- I am sorry the Chamber is not filled. flooding our towns with opioids, like ever you want, sir.’’ That is not what I thought of asking for a quorum call. heroin and fentanyl. the people elected us to do. We are I didn’t. My home State of West Virginia has their representatives, not the Presi- Fidelity to the President or fidelity been hit hard by the opioid epidemic dent’s representative, whether it is to the Constitution, that is the choice and especially from illegal drugs smug- President Obama, President Trump, we make today. That is why this is a gled across the border. Just several President Clinton, President Bush, or pivotal moment. We choose between weeks ago, Customs and Border Protec- President Reagan, all of whom I have the Constitution and its principles, tion seized enough fentanyl to kill served with—two Bushes. which have made our country the every person in West Virginia 32 times Our Founding Fathers had enough of world’s envied democracy for almost over. Imagine how much more is still King George, so they adopted a Con- two and a half centuries. slipping through the unsecured areas. stitution that said: We are not going to Boot continued with this: ‘‘Trump’s Our country cannot afford inaction have a King George. We are not going action is an affront to all that Repub- any longer. We need to build this wall. to have an authoritarian regime. We licans stand for.’’ Mr. JOHNSON of Georgia. Mr. Speak- are not going to have the executive set- The premise is you continue to stand er, I am proud to yield 1 minute to the ting policy. They said the Congress for this institution and our Constitu- gentleman from Maryland (Mr. HOYER), sets policy. tion. the distinguished majority leader of By the way, 300 of us in this body ‘‘They claim to be pro-military, but this House of Representatives. voted for the funding levels for border Trump’s action would take money Mr. HOYER. Mr. Speaker, this issue security. It didn’t squeak by, by some away from the defense budget. They is not about a wall. It is about the Con- partisan advantage—300 of us, which is claim to be pro-property rights, but stitution. It is about this institution. to say well over 66 percent. Trump’s action would result in the It is about the balance that we say is Now, Congress has a chance to an- taking of private property along the equal between the Article I institution swer the President and make it clear. border. And they claim to be constitu- and the Article II institution. He demanded that the American tax- tional conservatives, but Trump’s ac- That is important to remember. That payers give him billions for the wall tion is an obvious violation of Article I is why this argument is so very impor- that Democrats and Republicans alike of the Constitution: ‘No Money shall be tant. say is expensive and ineffective. drawn from the Treasury, but in Con- It is not about just a single policy. It Again, this is not about the wall. sequence of Appropriations made by is about the kind of government that This is about our Constitution, our in- Law.’ ’’ our Founding Fathers instituted, stitution, and our self-respect. I used to have people coming up here which has been the envy of the world He has chosen to ignore the will of and taking out the Constitution and and the example to many. the American people, as expressed by saying: Have you read this document? Mr. Speaker, I thank my friend, Con- their representatives. He has opted to Do you know what it says? gressman CASTRO of Texas, and the set aside the wisdom of our Founders Let me repeat it: ‘‘No Money shall be Congressional Hispanic Caucus for in- for the expedience of getting his own drawn from the Treasury, but in Con- troducing this resolution. way. sequence of Appropriations made by I was at the border in California and Constitutional law professor Roger Law.’’ in New Mexico just a few days ago. I Sloane of Boston University noted, last Now, I have heard the scare rhetoric, was at the border in El Paso with my week: ‘‘To my knowledge, no President and I suggest to my colleagues, with distinguished colleague, the former ex- has ever tried to use national emer- all due respect, that kind of rhetoric ecutive, called judge, of that area. She gency funding to appropriate funds has preceded every despot’s takeover of will speak shortly. Ms. ESCOBAR will Congress refused to appropriate.’’ power in the world. There was a crisis. say there is no war at the border and Overwhelming Senate vote; over- They had to declare military law. They there is no crisis at the border. She whelming vote in this body. had to suspend the constitution and will explain that better than I can. She He went on to say: ‘‘Politically, it suspend the laws. lives there. would mean the President would be That is how despots take power. We At the border, I saw a lot of heart- seeking . . . to override a bipartisan stand at the gate to ensure that doesn’t break and challenge, but I did not see judgment of Congress.’’ happen. But we will say more with our a national emergency that would jus- Have we no self-respect? Have we no votes. tify the President ignoring the Con- sense of the balance between the execu- If we vote yes, we will say that Con- stitution and trying to make funding tive and the legislative branches of gress is still the voice of the American decisions without congressional ap- government? people. We will say that we are still proval. That is the issue. We are the Article I branch, the pol- faithful to the oath we took to protect For my colleagues to say this is a icymakers, the people who raise money the Constitution and laws of our land. partisan issue, let me call your atten- and spend money, not the President— And we will say that America, as our tion to the statements of approxi- any President, Republican or Demo- Founders promised, has no sovereign mately 20 Members of the United crat. And a lot of Republican col- but we, the people—‘‘we,’’ not me, not States Senate. leagues, including Senator MCCONNELL, I. We, the people. The President admitted on February said: Mr. President, don’t do this. We must not allow the President to 15 that this is not a true emergency Right up until the time Senator set a dangerous precedent stripping when he said: ‘‘I could do the wall over MCCONNELL said: I will support you, Congress of its power of the purse. This a longer period of time. I didn’t need to Mr. President. is the first time. You can say there are do this, but I’d rather do it much fast- First, he was against this, and now a lot of other emergencies. That is cor- er.’’ he is for it. rect. But this is unique. We must not

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It is We are all passionate about this know that kind of stuff. supported and encouraged by former issue, which is evident by the quality It wasn’t my mission, but my crew and current Republican Members who of the debate we are having here. But I was on a mission, the very first one, recognize how dangerous it would be am going to tell you why I came to be- where an illegal was apprehended, and for the Congress not to act. A group of lieve that this was a national emer- he had 70 pounds of methamphetamine 23 former Republican Members of Con- gency. on him. gress, including former Senators Olym- I was sent down to the border with Now, I know there is way more than pia Snowe, Dick Lugar, Chuck Hagel, the National Guard. I went down and 70 pounds of methamphetamine out and John Danforth have sent a letter did 2 weeks with my unit, which is there in the United States, but there to currently serving Republican Mem- down there for 2 months. are way more people we are not seeing bers yesterday. In it they wrote this: As part-timers, we go down and we come over that border as well. ‘‘It has always been a Republican fun- fill in and augment different amounts People sometimes look at the rugged damental principle that no matter how of time. I fly a surveillance aircraft. It terrain of Arizona and say, well, with strong our policy preferences, no mat- is called an RC–26. mountains and hills, that is the nat- We actually work with Border Pa- ter how deep our loyalties to Presi- ural wall. trol, and what we would do is, through dents or party leaders, in order to re- By the way, I went hiking on those technology, some of the technology main a constitutional Republic, we mountains and hills during my time that exists, they would get indications must act within the borders of the Con- off, I will say that. of a group coming over the border. We But the other interesting thing is a stitution.’’ would have a central authority that Today, a conservative Senator from significant amount of the people we would see these groups coming over the North Carolina, a Republican conserv- were following were actually on those border and would take the limited air mountains and hills. They were on the ative Senator from North Carolina, assets we had and put them on these said this: ‘‘I have grave concerns when mountains and hills because that rug- groups to surveil them and then coordi- ged terrain is just as difficult for Bor- our institution looks the other way at nate with Border Patrol, or whatever, der Patrol to navigate as them. the expense of weakening Congress’ to come in and get them. And what we power.’’ In fact, I watched as a Border Patrol saw, frankly, was pretty eye-opening helicopter followed a man probably 100 1630 for me. b feet away. This is on video. Border Pa- First off, Arizona has some very rug- Senators MURKOWSKI and COLLINS trol can release this video if they want. have already said they would support ged territory. I have worked Texas, by the way, The man was running. The Border Pa- this resolution. three times doing this exact same mis- trol cannot insert Border Patrol agents So let us act and do so in one power- sion. I am going to give you an oppor- to capture him. This guy is still gone ful voice—not as Democrats, not as Re- tunity to guess who the President was today. He had to have been a coyote or publicans, as Americans; as representa- when I did this mission three other a drug trafficker. tives; as people who have put their times. It was President Obama, because Seeing this repeatedly made me real- faith in us to make a judgment to pro- he understood the need for the guard ize this is not a national emergency be- tect their country, their Constitution; on the border. cause of immigration. I actually be- as Americans who believe in our Con- So we would see these groups come lieve in comprehensive immigration re- stitution and the wisdom of our Found- over. They would go through this rug- form. I want to work with the other ers who gave Congress alone the au- ged terrain. side of the aisle to fix all these prob- thority to appropriate funds and gave By the way, I never worked an area lems that I think we really actually all the representatives of the people and in Arizona where there was a barrier. agree on. We just can’t admit we agree the States a powerful check on the ex- We never had to. But there is a lot of on all this stuff. I look at this and I say ecutive. area that isn’t. this is an 80 percent solution that we I ask all my Republican colleagues: We would then respond, and basi- can fix. How would you vote if Barack Obama cally, 9 times out of 10, any time these But when I came back from the bor- were President of the United States groups got any indication that Border der and I came back from seeing the today? Think of that. Because if you Patrol was nearby or there was an air- real issue that makes this a national cannot answer ‘‘I would vote the same craft overhead, they would do what we emergency—drugs, human trafficking— way,’’ then you are not being true to call a bomb burst. It looks like that on that is when I realized something had your country, to our Constitution, and the infrared we are using. They would to be done. to your oath. run in all different directions, and A wall and a barrier is not If any Member cares at all about the many people would get separated. compassionless. I think border security equal status of the Article I branch of But do you know who the first to and compassion actually go hand in the Constitution, he or she should vote bomb blast away from that group was? hand. Because what we are saying is: for this resolution. Vote for conscience The first people, every time, were the Come over to the United States of and Constitution, not party and poli- coyotes who they paid their life sav- America, but do it the right and legal tics. ings to to bring them over the border— way, because, otherwise, these coyotes Mr. GRAVES of Missouri. Mr. Speak- every time. in the cartel are going to take advan- er, I yield 5 minutes to the gentleman In fact, one time that exact scenario tage of you, take your life savings, and from Illinois (Mr. KINZINGER), who just happened, and a lady was left lost in take you through a very dangerous came back from deployment down at the desert, hunkered down in a bush. route. And when the going gets tough, the southern border. Had Border Patrol not found her—sure, they are going to leave you to die, be- Mr. KINZINGER. Mr. Speaker, I she will be deported for that because cause they did that to 200 of them last thank the gentleman for yielding. she came in illegally. But if Border Pa- year in Arizona. I want to start by saying something: trol had not found her, I believe that It was an eye-opening experience. Everybody here in this Chamber means there is a chance that she could have Mr. Speaker, I appreciate the passion well. Everybody here in this Chamber been one of the at least 200 bodies that everybody has in this. I respect believes they are fighting for the right they find every year in the desert be- everybody’s debate in this. This is how thing for this country. cause they are abandoned by their drug I came to the conclusion I did. Unfortunately, sometimes with these traffickers, by their coyotes who are Please vote ‘‘no’’ on this. debates, they get heated and we begin paid for and who pay money to the Mr. JOHNSON of Georgia. Mr. Speak- to ascribe bad motives to the other drug cartels. er, it amuses me when my friends on

VerDate Sep 11 2014 05:00 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.063 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2137 the other side cause the public to be- der is manufactured. I tell you, ladies Constitution applies to citizens of the lieve that there are people coming and gentlemen, that I live in the State United States. It does not apply to peo- across our border, trying to sneak in, of Arizona, a border State, and I have ple who are not citizens of the United when the truth of the matter is the visited the border, and I have met with States. people who are presenting themselves the border agents and border officials Border security officers have made at our southern border, primarily, are at the border. 266,000 arrests of criminal aliens in the people fleeing violence in Central They have told me, firsthand, there last 2 fiscal years. America, families, women, children is a crisis at the border. They have told These include criminal aliens fleeing violence in Central America, me, firsthand, when I asked do we need charged or convicted of assaults, sex presenting themselves at lawful points a border fence, they said, yes, it is part crimes, and killings. These are not of entry, not trying to jump the Rio of the solution. victimless crimes. Grande, but at lawful points of entry, You know, I am here today to ask for Mr. Speaker, I reserve the balance of and seeking to apply for asylum. That reason. The Republican legislature, the my time. majority last year, tried to pass legis- is the emergency that my friends on b 1645 the other side tried to make into some- lation that would not only secure the border but, as a compromise, would Mr. JOHNSON of Georgia. Mr. Speak- thing that would be such that Presi- er, I yield 1 minute to the gentleman dent Trump is authorized to spend have given legal status to the DACA from California (Mr. CISNEROS), my moneys that have not been appro- recipients. Not one Democrat voted for it. good friend. priated, and it is a farce. Mr. CISNEROS. Mr. Speaker, this Mr. Speaker, I yield 2 minutes to the Can we please get together and solve this problem? emergency declaration unconstitution- gentleman from Georgia (Mr. LEWIS), It is unfortunate that the President ally attempts to override Congress. my dear colleague. had to resort to this because Congress, The Constitution clearly grants Con- Mr. LEWIS. Mr. Speaker, I rise in the Democrats, would not vote for bor- gress the power of the purse. This dec- strong support of this resolution. der security. And so I support the laration took place after weeks of ne- Some of you may be old enough to re- President in his declaration for emer- gotiations which resulted in Congress member when Dr. Martin Luther King, gency. I support him in protecting our rejecting the President’s wall in a bi- Jr., traveled to Berlin in 1964. He re- Nation—his number one duty—and I partisan manner. minded those gathered that a man- oppose this resolution. This declaration could take billions made barrier could not change the fact Mr. JOHNSON of Georgia. Mr. Speak- of dollars of disaster relief aid from that the people on both sides of the er, I recall that the last 2 years have families, endanger military construc- wall were God’s children. been spent under the unified control of tion, and impact our military readi- Mr. Speaker, I ask you today: What Republicans—both Houses of Congress ness. There is no national emergency does it profit our Nation to gain a wall and the President—yet there was no at the southern border, only a humani- and lose our soul? North and south of emergency to construct the $5 billion tarian crisis created by our President. the border, we are one people. We are down payment on a border wall that is This President has repeatedly taken bound together by our common human- going to cost about $30 billion. They actions that undermine our country’s ity. didn’t do it then; they want us to do it ability to defend against real threats Mr. Speaker, this executive action now—or they want Trump to actually to national security. betrays our values, our democracy, and be able to do it without the legislature. Congress must act as a check on the the very soul of our Nation. Mr. Speaker, I yield 1 minute to the President’s abuse of executive power. As Members of Congress in a nation gentlewoman from the great State of Congress has the opportunity to defend of immigrants, we have a constitu- Texas (Ms. ESCOBAR). and protect the Constitution and assert tional mission and a mandate to pre- Ms. ESCOBAR. Mr. Speaker, I come its role as a coequal branch of govern- serve the balance of powers and to op- from El Paso, Texas, which is right on ment, and it must do so in order to set pose this monument to hate. the U.S.-Mexico border. I live on the a precedent and protect our democracy. Today, each and every one of us has border. My family has lived on the bor- It is absolutely unacceptable that a moral obligation to do what is right, der for more than 100 years. I can as- military families and communities what is just, and what is fair by pass- sure my colleagues that the border has across this country should be made to ing this resolution. never been safer; the border has never suffer from this unlawful and dan- Mr. Speaker, I urge all of my col- been more secure. gerous action. That is why I urge my leagues to vote ‘‘yes.’’ In fact, what I am more worried colleagues to vote in support of this Mr. GRAVES of Missouri. Mr. Speak- about today than what is happening on resolution and move forward with end- er, may I inquire as to the time re- the U.S.-Mexico border, than those vul- ing this fake national emergency. maining. nerable asylum-seekers coming to our Mr. GRAVES of Missouri. Mr. Speak- The SPEAKER pro tempore. The gen- front door asking for help, is I am more er, I reserve the balance of my time. tleman from Missouri has 73⁄4 minutes worried that people in this Chamber Mr. JOHNSON of Georgia. Mr. Speak- remaining. The gentleman from Geor- are willing to ignore the oath of office er, may I inquire how much time is re- gia has 111⁄2 minutes remaining. that we took on the day that we were maining? Mr. GRAVES of Missouri. Mr. Speak- sworn in, that we would violate the The SPEAKER pro tempore. The gen- er, I yield 2 minutes to the gentle- Constitution that we promised to up- tleman from Georgia has 9 minutes re- woman from Arizona (Mrs. LESKO). hold. maining, and the gentleman from Mis- Mrs. LESKO. Mr. Speaker, I thank I am also far more worried about the souri has 51⁄4 minutes remaining. the gentleman from Missouri (Mr. fact that they are willing to divert Mr. JOHNSON of Georgia. Mr. Speak- GRAVES) for yielding. funding that is going to our U.S. mili- er, I yield 11⁄2 minutes to the gentle- Today, I have heard a lot of amazing tary in favor of a political prop, a woman from Florida (Ms. WASSERMAN things. My colleague on the other side monument to xenophobia, a campaign SCHULTZ). of the aisle, Mr. JOHNSON from Georgia, promise. In fact, Fort Bliss in El Paso, Ms. WASSERMAN SCHULTZ. Mr. said, I believe, caravans trying to cross Texas, stands to potentially lose $275 Speaker, I thank the gentleman for the border are a figment of our imagi- million. yielding. nation. I don’t know about you, but I Why didn’t they get it done when Mr. Speaker, what we are witnessing think all we need to do is turn on the they had an iron grip over the House, is a President who poses a direct threat news. I have seen thousands of people the Senate, and the White House? Be- to both our military families and traipsing thousands of miles to get into cause there was no emergency. America’s national security. our country. In fact, there has been Mr. GRAVES of Missouri. Mr. Speak- First, as we have heard, there is no some violence. So I just don’t under- er, I yield myself such time as I may border emergency. That is a fabrica- stand that statement at all. consume. tion. The administration’s own statis- And Speaker PELOSI and CHUCK SCHU- Mr. Speaker, we did take an oath of tics show that crossings and apprehen- MER recently said the crisis at the bor- office to defend the Constitution. The sions are at a historic low. The vast

VerDate Sep 11 2014 03:18 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.065 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2138 CONGRESSIONAL RECORD — HOUSE February 26, 2019 majority of illegal drugs come in at our Mr. Speaker, I reserve the balance of Mr. JOHNSON of Georgia. Mr. Speak- ports of entry. A wall will not stop my time. er, I yield an additional 1 minute to the that. Mr. JOHNSON of Georgia. Mr. Speak- gentlewoman from Texas. Many who cross our borders are er, I yield myself such time as I may Ms. JACKSON LEE. Let me also indi- women and children. They are not run- consume. cate that as a member of the Homeland ning from border agents. They are Mr. Speaker, it is harder for me to Security Committee, the numbers of seeking them out for help and for asy- imagine how a big, beautiful wall will Mexicans from Mexico has decreased. lum. somehow bestow upon us knowledge The numbers coming now are what Second, this will make life harder for that people are jumping over it or we call OTMs, other than Mexican. America’s military families, and, thus, going under it. They are coming and fleeing bloodshed hurt our national security. Who would Those kinds of things do not work in countries where they are being ever intentionally make life tougher across the entire border. That may threatened with a decapitation of their for the brave men and women who have its place at some points, and I am head. serve our country? It is monstrous, sure we have border wall and border Mothers are being told that if you really, when you think about the sac- fencing in the locations where it is nec- stay, we know you are pregnant, you rifices that they already make for this essary, but in the other locations, we can have the baby, and we will kill you country. need—in addition to more Border Pa- after the birth. These are the stories As the chair of the Appropriations trol officers who are paid a living that those of us who visited the border Committee Military Construction, Vet- wage—we need the technology and the are hearing over and over again. erans Affairs and Related Agencies other assets that can surveil and help If there is a crisis, it is a humani- Subcommittee, tomorrow I will hold a with the apprehension of people who tarian crisis. We, as Democrats, have hearing to ask our service Secretaries are coming across the border at points no problem with funding the resources exactly which projects they previously that are not legal points of entry. necessary for the border, including, as told us they really needed, but now But the point is, today’s crisis that indicated, the increase in personnel, should be sacrificed for a needless wall. faces the people of Central America technology, and transportation equip- What will these leaders ask their and drives them to our southern border ment. troops to give up just so Trump can is driving them to lawful points of I have been to the border when the have a useless, wasteful wall? Training entry to seek asylum protection under need for night goggles and other types or intelligence facilities? Hangars for this Nation’s laws, and that is some- of equipment were rendered important. planes that cost billions? Schools for thing that they are entitled to. Let us do the right thing. Vote on this our military families’ children? This is Mr. Speaker, I yield 11⁄2 minutes to resolution, and do the constitutional a power grab. After failing to get his way in a fund- the gentlewoman from Texas (Ms. point of restoring order to this govern- ing dispute with Congress, Trump is JACKSON LEE). ment. throwing an unconstitutional temper Ms. JACKSON LEE. Mr. Speaker, I Mr. Speaker, I rise in strong support of our tantrum. He is using the tools of an au- thank the gentleman for yielding. Constitution and in defense of our republic The only crisis is the constitutional thoritarian, jeopardizing our military and urge all members to join me in voting for readiness to steal himself a wall that crisis that has been created by the H.J. Res. 46, which terminates the phony dec- he could not get the lawful way. The President of the United States by his laration of emergency issued by the President dangerous precedent he will set is one direct and ill-conceived abuse of power on February 15, 2019. that I hope all of my Republican col- which is noted in the Constitution as a The reason this resolution is before us leagues will reject. violation of the Constitution. today is because of the petulant intransigence The President says a wall will keep It is sad that the President has de- of a single person, the current President of the Americans safe, but stealing funds clared a national emergency for the United States. from military families makes us all purpose of misappropriating funds from As a senior member of the Committee on less safe. Bypassing Congress and the previously designated and important the Judiciary and the Committee on Homeland Constitution, and starving military uses to build a wall, uses that would be Security, I have visited the southern border on families of funding is not patriotism. It dealt with in a national emergency in numerous occasions in recent weeks and is everything that true patriots fight case of war that would then call for the months and can state confidently that there is against. building of direct materials and build- no national emergency or national security cri- The SPEAKER pro tempore. Mem- ings necessary for troops engaging in sis that justifies the President’s reckless and bers are reminded to refrain from en- war. unconstitutional decision or compels the Con- gaging in personalities toward the The only response to my good friend gress to abdicate its responsibilities under Arti- President. who has come back from the border cle I to check and balance the Executive Mr. GRAVES of Missouri. Mr. Speak- and saw people going over the border is Branch. er, I yield myself such time as I may to engage more Border Patrol agents The President is only pursuing this tactic of consume. and train them to do the job that they declaring a national emergency after realizing Mr. Speaker, we keep hearing that are designated to do. We, as Demo- that Speaker NANCY PELOSI was absolutely most drugs coming into this country crats, support that. correct when she informed him that he did not are coming in at ports of entry, and I Illegal border crossings are at a near have the support in Congress to require the would make a correction: Most drugs 40-year low. Sixty national security taxpayers to pay for his broken promise that that are caught are caught at ports of personnel, ambassadors, CIA, DNI, and ‘‘Mexico would pay for the wall, 100 percent!’’ entry. We don’t have any idea what is others have indicated that this is In fact, according to the latest Marist Poll, coming in across the border. wrongheaded. It is wrong. the most recent polling data available, Ameri- When we say that, this is like saying The President’s declaration clearly cans overwhelmingly disapprove of the Presi- we are going to reinforce the front violates Congress’ exclusive power of dent’s national emergency declaration by a 61 door, but we are going to leave the the purse, and if unchecked, would fun- percent–36 percent margin. back door wide open. We don’t know damentally alter the balance of powers, The President’s decision is opposed by both how many drugs or the amount of violating our Founder’s vision for men and women in every region of the coun- drugs that are coming across the bor- America. That is unconstitutional. try, by every income group and education cat- der, particularly in rural areas, be- To quote Thomas Paine in ‘‘Common egory. cause we just simply can’t patrol it. Sense,’’ it says, ‘‘ . . . in absolute gov- National security experts across the political As the gentleman from Illinois point- ernments the king is law, so in free spectrum are unanimous in their assessment ed out, you can’t deploy Border Patrol countries the law ought to be king.’’ that the situation on the southern border does quick enough to catch much of this. So This is the abuse, the declaration, and not constitute a national emergency, an as- we don’t know how many drugs are we should vote for the underlying reso- sessment echoed by leading former Repub- coming through in other areas. We lution to restore constitutional order. lican senators and Members of Congress. have a pretty good idea at ports of The SPEAKER pro tempore. The They understand that after failing to con- entry because we catch them there. time of the gentlewoman has expired. vince the American people or Congress to pay

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\K26FE7.067 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2139 for his ineffective, wasteful, and immoral multi- between $200 and $300 million in addition to Mr. JOHNSON of Georgia. Mr. Speak- billion dollar concrete wall, the President has the estimated $182 million for the earlier de- er, I yield myself such time as I may now embarked on a course of conduct that is ployment by the President of National Guard consume. deeply corrosive of the constitutional system to the border. Mr. Speaker, I believe that most of checks and balances wisely established by Mr. Speaker, having been soundly defeated learned colleagues in this Chamber un- the Framers and which has served this nation legislatively by Congress, a co-equal branch of derstand that under U.S. law, we have and the world so well for nearly 250 years. government, the President wants to finance granted persons approaching our bor- Having failed miserably to achieve his ob- border wall vanity project by diverting funds der the right to apply for asylum. That jective in the constitutional legislative process, that the Congress has appropriated for dis- doesn’t mean that asylum will be the President is trying a desperate 11th hour aster recovery and military construction. granted, but they certainly have the end-run around Congress with an unlawful The funds the President wants to steal were right to apply for it. emergency declaration that contravenes the appropriated by Congress to help Americans It is the humane thing to do in a civ- will of the American people and negates the devastated by natural disasters, like Hurri- ilized society. This is the law that awesome power of the purse vested exclu- canes Harvey, Irma and Maria, or for other America has proceeded under for cen- sively in the Congress of the United States. purposes like military construction. turies, and now we have a naked power The Congress will not tolerate this. Congress did not, has not, and will not, ap- grab by the chief executive of this Despite being repeatedly admonished and prove of any diversion of these funds to con- great Nation, the President of the in the face of overwhelming evidence to the struct a border wall that the President repeat- United States, seeking to do the job of contrary, the President continues to propagate edly and derisively boasted that Mexico would the legislative branch, and his own job. false information regarding the state of our pay for. But there is a problem. It is only the southern border. In fact, the President has admitted he legislative branch that appropriates Mr. Speaker, these are the facts. ‘‘didn’t have to do this,’’ but has opted to do funding for various occurrences. Net migration from Mexico is now zero or so because ‘‘I want to see it built faster.’’ The legislative branch has not given slightly below (more people leaving than com- Mr. Speaker, just yesterday a bipartisan this President what he has sought; that ing) because of a growing Mexican economy, group of nearly 60 national security officials in- is, a down payment on a border wall, an aging population and dropping fertility rates cluding former secretaries of state, defense which is a monument to a campaign that have led to a dramatic decrease in unau- secretaries, CIA directors, and ambassadors promise that he made. This legislature thorized migration from Mexico. to the UN issued a statement declaring that has not given him that authority, and Migrant apprehensions continue to be near ‘‘there is no factual basis’’ justifying the Presi- so in a naked power grab, he is seeking an all-time low with only a slight increase from dent’s emergency declaration. to do it by declaring an emergency 2017. Instead of protecting our national security, when, in fact, no emergency exists. The combined 521,090 apprehensions for the President’s declaration makes America Mr. Speaker, I yield 1 minute to the Border Patrol and Customs agents in fiscal less safe. gentlewoman from the District of Co- year 2018 were 32,288 apprehensions fewer The President is stealing billions from high- lumbia (Ms. NORTON), my friend, and a than the 553,378 apprehensions in 2016. priority military construction projects that en- staunch advocate for the people of To put this in perspective, on average, each sure our troops have the essential training, Washington, D.C. of the 19,437 Border Patrol agents nationwide readiness and quality of life necessary to keep Ms. NORTON. Mr. Speaker, I thank apprehended a total of only 19 migrants in the American people safe, directly under- the gentleman for yielding. 2018, which amounts to fewer than 2 appre- mining America’s national security. Mr. Speaker, I don’t even want to hensions per month. The President’s declaration clearly violates speak to the underlying issue. I want In the last few years, an increased propor- the Congress’s exclusive power of the purse, to speak to what it is we are doing here tion of apprehensions are parents seeking to and, if unchecked, would fundamentally alter with congressional power. The Presi- protect their children from the violence and ex- the balance of powers, violating our Founders’ dent signed a bill. He didn’t have to. He treme poverty in Honduras, El Salvador, and vision for America. could have retained his power. Guatemala. Opposing the President’s reckless and anti- Now he proposes to ignore the bill he But even with more Central Americans arriv- American decision transcends partisan politics signed and act as if the Congress did ing to our southern border seeking protection, and partisanship; it is about patriotism, con- not exist. This is the road to dictator- total apprehension rates are still at their lowest stitutional fidelity, and putting country first. ship. Congress cannot ever agree with since the 1970s. That is why nearly two dozen distinguished an executive that takes our power. The absence of a massive wall on the former Republican Members of Congress are That is what Trump is trying to do. southern border will not solve the drug smug- urging Republicans in Congress to vote for We have gradually given up our gling problem because, as all law enforcement H.J.R. 46 and uphold ‘‘the authority of the first power, sometimes for expediency sake, experts agree, the major source of drugs com- branch of government to resist efforts to sur- sometimes to avoid controversy. ing into the United States are smuggled render’’ our constitutional powers to an over- Today, we put all on notice that we through legal ports of entry. reaching president. will not give the power that belongs The southern border region is home to To quote Thomas Paine’s Common Sense: only to Congress to the President of about 15 million people living in border coun- ‘‘In absolute governments, the King is law; so the United States. ties in California, Arizona, New Mexico, and in free countries, the law ought to be King.’’ Mr. GRAVES of Missouri. Mr. Speak- Texas. Mr. Speaker, I urge all members to uphold er, how much time is remaining? These communities, which include cities the rule of law and the Constitution, and reject The SPEAKER pro tempore (Mr. such as San Diego, Douglas, Las Cruces, and the President’s power grab; I urge a resound- CUELLAR). The gentleman from Mis- El Paso, are among the safest in the country. ing Yes vote on H.J. Res. 46. souri has 4 minutes remaining. The Congress has devoted more U.S. taxpayer Mr. GRAVES of Missouri. Mr. Speak- gentleman from Georgia has 11⁄4 min- dollars to immigration enforcement agencies er, I yield myself such time as I may utes remaining. (more than $21 billion now) than all other en- consume. Mr. GRAVES of Missouri. Mr. Speak- forcement agencies combined, including the Mr. Speaker, I make a point of clari- er, I reserve the balance of my time. FBI, DEA, ATF, US Marshals, and Secret fication because the statement was Mr. JOHNSON of Georgia. Mr. Speak- Service. made that individuals from outside er, I yield 1 minute to the gentlewoman The bulk of this money goes to U.S. Cus- this country coming to ports of entry from California (Ms. PELOSI), the toms and Border Protection (CBP), with a seeking asylum were entitled to that. Speaker of this great House. budget of $14.4 billion in fiscal year 2018 and No one outside of this country is enti- Ms. PELOSI. Mr. Speaker, I thank more than 59,000 personnel. tled to anything in this country. the gentleman for yielding, and I thank CBP is the largest law enforcement agency They can be heard, but they are not him for the eloquent way that he has in the country, and more than 85 percent of entitled to asylum in the United States presented this legislation to the floor the agency’s Border Patrol agents (i.e., 16,605 just because they ask for it, just be- of the House. of 19,437) are concentrated on the southern cause they seek it. They aren’t entitled Mr. Speaker, I rise to quote from the border. to anything within this country. Constitution of the United States. It Expanded deployment of the military to the Mr. Speaker, I reserve the balance of begins with our statement of purpose border to include active-duty troops could cost my time. of the Nation, with the preamble.

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.024 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2140 CONGRESSIONAL RECORD — HOUSE February 26, 2019 ‘‘We the people of the United States, Their Better Way goes on to say: resolution to honor our oath to bear in order to form a more perfect Union, ‘‘The Founders insisted on a separation true faith and allegiance to the Con- establish justice, insure domestic tran- of powers to protect our constitutional stitution. quility, provide for the common de- liberties.’’ Mr. Speaker, I urge a ‘‘yes’’ vote. fense, promote the general welfare, and Their proposal goes on to say that The SPEAKER pro tempore. Mem- secure the blessings of liberty to our- James Madison ‘‘warned that the Con- bers are reminded to address their re- selves and our posterity, do ordain and stitution is a ‘mere parchment barrier’ marks to the Chair. establish this Constitution for the unless each branch asserted its powers Mr. GRAVES of Missouri. Mr. Speak- United States of America.’’ to keep the others in check.’’ er, is the majority prepared to close? That is all in the Republican agenda Mr. JOHNSON of Georgia. Mr. Speak- b 1700 for A Better Way of 2014, so you would er, I have no further speakers, and I am Immediately following that sacred think it would be in keeping with their prepared to close. purpose, it says: Article I, the legisla- vote today. Mr. GRAVES of Missouri. Mr. Speak- tive branch. In that spirit, then-Speaker Ryan er, I yield myself the balance of my Perhaps it is time for our country to often lamented that Congress ‘‘keeps time. have a values-based civics lesson. I ap- forfeiting the game, yielding to the ex- I find it ironic, I guess, and actually plaud our colleague, Congressman CAS- ecutive branch, giving the President a it is kind of ludicrous, that we talk so TRO, for his leadership in ensuring that blank check, not even bothering to much about how much this wall is this House was ready to reassert our read the fine print in some cases.’’ going to cost and how inhumane it is responsibility under the Constitution We are not going to give any Presi- and how immoral it is, yet we build and its systems of checks and balance. dent, Democratic or Republican, a thousands and thousands of miles and In their wisdom, our Founders re- blank check to shred the Constitution spend millions and millions of dollars jected the idea of a monarch. They of the United States. We would be de- on noise abatement wall, 30 feet high didn’t want to live under that. They linquent in our duties as Members of and 20 feet high, in our suburbs and our made that clear. They fought a War of Congress if we did not overturn what urban areas all over the country. Yet Independence to free themselves from the President is proposing. He is asking we can’t do something to protect our that. Therefore, in their wisdom, they each and every one of us to turn our border. That is not a crisis, Mr. Speaker. put forth in this Constitution a heart, backs on the oath of office that we This is a crisis. What we are talking soul, and core of it: the separation of took to the Constitution of the United powers, coequal branches of govern- about today is a crisis. States. President Obama agreed when he re- ment to be a check and balance on each I do not believe that the Republicans quested emergency funding in 2014 to other. want to do that. I don’t think it is con- deal with the crisis on the border, when They saw the wisdom of that and sistent with what they had advocated he declared a national emergency be- then, of course, added the Bill of in the near term and historically. Rights with further freedoms enumer- cause of transnational drug traffickers. Is your oath of office to Donald Since fiscal year 2012, Customs and ated. But the core of the Constitution Trump, or is your oath of office to the Border Patrol has seized 4 million is the separation of power. Constitution of the United States? You Today, we are on this floor of the pounds of drugs at ports of entry and cannot let him undermine the strength more than 11 million pounds of drugs House, and our colleagues have spoken of your pledge to protect and defend eloquently about the reality or my- between ports of entry. And nearly the Constitution. three times as many drugs are seized thology of the crisis at the border that Again, our colleagues have talked the President contends. They have spo- between ports, Mr. Speaker. about the opportunity cost of taking Many of our colleagues on the other ken eloquently about the opportunity money from our national security and side of the aisle recognize the need for cost of the money that the President spending it in this way. a border wall, voting to authorize a wants to use for this ill-conceived wall I was at the border this weekend. We wall in 2016 and again under President and what it means to our national se- all have our stories and the rest, but Obama in 2013. Last year, we passed bi- curity. whatever you think about the wall, partisan legislation to address the But we in this House of Representa- let’s just put that aside for the mo- growing impacts of opioids in our com- tives, each one of us, and everyone in ment. Whatever you think about where munities, drugs that continue to flow public service in our country, takes an you take the money from and where into our country through our southern oath of office to support and defend the you put it, which is substantial, put border. We all agreed, on a bipartisan Constitution of the United States. It is that aside for the moment. The ques- basis, that there was a crisis, but now, our oath. We promise. tion is: What do you think about your- suddenly, they are calling this a manu- That Constitution is about the sepa- self, your Congress, your conscience, factured crisis. ration of powers that is being usurped and your oath of office? I trust that our The National Emergencies Act is by the executive branch. We in the leg- colleagues will be consistent in their clear, Mr. Speaker. The President’s au- islative branch cannot let that happen. beliefs and join us in honoring the oath thority is clear. The President is act- In fact, I appeal to our Republican we all take to support. ing within the authority that Congress colleagues because I do believe and The resolution is not about politics. has given him. trust that they are people of their It is not about partisanship. It is about Mr. Speaker, I urge a ‘‘no’’ vote on word, and if they take an oath to up- patriotism. It is about the Constitution this resolution, and I yield back the hold the Constitution, they will honor of the United States, which I hold in balance of my time. it with their vote on the floor today, in my hand here. George Washington on Mr. JOHNSON of Georgia. Mr. Speak- keeping, by the way, with, under the the cover of this says: ‘‘Its only keep- er, I yield myself the balance of my previous House Speaker, our colleagues ers, the people.’’ time. across the aisle placed a high priority We in the people’s House are the Mr. Speaker, in approving the joint on the separation of powers and Con- keepers of this Constitution. We in the resolution terminating President gress’ constitutional prerogatives. Congress are the keepers of this Con- Trump’s illegal power grab, the House The Republican A Better Way agen- stitution. We in this Congress are in will make clear that nothing is more da, which they put forth in 2014, read as Article I, the Congress of the United fundamental to the functioning of our follows: ‘‘The people granted Congress States, spelled out very clearly in the democracy than the separation of pow- the power to write laws, raise revenues, Constitution that the powers given to ers among three coequal branches of and spend and borrow money on behalf the legislative branch are the power of government. of the United States. There is no power the purse, the power to declare war, The facts are clear. President Trump more consequential. . . . Yet for dec- powers enumerated very carefully by failed to convince a skeptical Congress ades, Congress has let this power atro- our Founders. to pay for an ineffective border wall. phy, thereby depriving the people of How can you ignore that? I urge Mr. Speaker, I urge my colleagues to their voice.’’ strong bipartisan support of this vital support this resolution, but I must ask

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.069 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2141 you to ask yourself this question: Will aging equipment at our ports of entry, $100 laration is an unacceptable abuse of power you allow your solemn vow of loyalty million for new, additional border security tech- that circumvents the constitutional authority of to President Trump to override your nology, serious investments in the Alternative Congress. For these reasons, I am a cospon- oath of office and your vow of fidelity to Detention program to provide relief to over- sor of this resolution to terminate the declara- to the Constitution? crowded detention facilities, and additional tion pursuant to the provisions of the National Vote to support this resolution. funding for attorneys and courtroom expansion Emergencies Act. Mr. Speaker, I yield back balance of to assist with our country’s growing immigra- I support taking action to make sure we my time. tion court system backlog. have the appropriate personnel, equipment, The SPEAKER pro tempore. Mem- Despite these important investments, the facilities, and resources to protect our borders bers are reminded to refrain from en- president has proposed taking more than $6.7 from criminal activity like trafficking in drugs or gaging in personalities toward the billion to build his wall, including $3.6 billion people. Building this wall is not a good invest- President. from the Department of Defense’s (DoD) high- ment and it will not stop crime or illegal immi- Mrs. LOWEY. Mr. Speaker, I rise today in priority military construction projects. These gration along our southern border. Instead of support of the joint resolution to terminate funds are meant to support much-needed im- building walls, we should instead build bridges President Trump’s phony declaration of an provements on military bases around the to those who are fleeing violence and legally emergency at the southern border. world, and misallocating these funds could un- Unable to convince Congress to pay for his seeking asylum in our country. I urge my col- dermine the training, readiness, and quality of leagues to join me in rejecting the President’s wasteful border wall, the president has de- life for our men and women in the Armed cided to make an end run around the legisla- abuse of power by supporting this resolution. Forces. He has also proposed stripping $2.5 The SPEAKER pro tempore. All time tive branch, upending democratic norms and billion from the DoD’s drug interdiction pro- for debate has expired. creating a dangerous precedent. To pay for the wall, the Administration in- gram, which could have serious impacts on Pursuant to House Resolution 144, tends to rob money from critical military con- our ability to combat the flow of illegal nar- the previous question is ordered. struction projects and from other parts of the cotics. The question is on the engrossment Furthermore, the Military Construction Codi- and third reading of the joint resolu- Defense Department and the Treasury. fication Act only authorizes the Secretary of This would threaten national security, under- tion. Defense to reallocate funds for construction mine the readiness of our military, and could The joint resolution was ordered to projects during a national emergency if the disrupt critical infrastructure improvements that be engrossed and read a third time, and project is ‘‘necessary to support’’ a ‘‘use of the benefit service members and their families—all was read the third time. armed forces.’’ Our Armed Forces are not re- to prop up a political vanity project. The SPEAKER pro tempore. The As a country, we should be focused on real sponsible for enforcing our immigration laws question is on the passage of the joint law enforcement needs, not a border wall that and using these funds in this way is in direct resolution. will do virtually nothing to keep Americans violation of existing law. The question was taken; and the Of serious additional legal concern is the safe. Speaker pro tempore announced that Today’s vote to block the president’s emer- fact that the administration would need to the ayes appeared to have it. gency declaration is a critical first step, and I seize significant amounts of property not Mr. GRAVES of Missouri. Mr. Speak- am proud to cosponsor this resolution. owned by the federal government in order to er, on that I demand the yeas and nays. I hope my Republican colleagues recognize build a wall. Currently, more than two thirds of The yeas and nays were ordered. that this isn’t about politics—it’s about defend- border property is owned by private parties or The SPEAKER pro tempore. Pursu- ing our democratic institutions and the rule of the relevant states. In 1952, the Supreme ant to clause 8 of rule XX, further pro- law from presidential overreach. Court held in Youngstown Sheet and Tube ceedings on this question will be post- It’s about protecting our institution and our that President Truman’s declaration of national poned. Constitution in the face of an unprecedented emergency, even in the midst of an inter- power grab from a president who rejects Con- national armed conflict, did not permit him to f gress’ authority as a co-equal branch of gov- unilaterally seize private property. ernment. In recent days, more than two dozen former ANNOUNCEMENT BY THE SPEAKER Mr. Speaker, the greatest power we have as Republican lawmakers and almost 60 former PRO TEMPORE members of Congress is the power of the senior national security officials have come out purse. As we exercise that power, we should in opposition to President Trump’s national The SPEAKER pro tempore. Pursu- invest responsibly in priorities that strengthen emergency declaration. These individuals are ant to clause 8 of rule XX, the Chair and protect American families and commu- united behind the idea that allowing the presi- will postpone further proceedings nities. dent to ‘‘ignore Congress’’ will deprive the today on motions to suspend the rules We do not exist to rubber stamp the Presi- American people ‘‘of the protections of true on which a recorded vote or the yeas dent. I urge my Republican colleagues to join representative government.’’ and nays are ordered, or votes objected us in defending our constitutional prerogatives The bottom line is that the president’s na- to under clause 6 of rule XX. and upholding the rule of law. tional emergency declaration is an abuse of The House will resume proceedings Mr. DEFAZIO. Mr. Speaker, today had I his constitutional authority and an affront to on postponed questions at a later time. been present, I would have voted in strong the separation of powers. Congress has the support of the bipartisan, privileged resolution exclusive power of the purse, and the Con- f to terminate President Trump’s proclamation stitution specifically prohibits the president ‘‘Declaring a National Emergency Concerning from spending money that has not been ap- NATURAL RESOURCES the Southern Border of the United States.’’ I propriated. Congress entrusted the president MANAGEMENT ACT was detained due to severe weather and can- with authority to reallocate funds during un- Mr. GRIJALVA. Mr. Speaker, I move celled flights in Oregon. foreseen and urgent situations, such as wars to suspend the rules and pass the bill While there is no doubt that our immigration and natural disasters. By declaring an emer- (S. 47) to provide for the management system is broken, the president’s wall and his gency when Congress has overwhelmingly re- of the natural resources of the United proposed funding level is an irresponsible jected his border wall in favor of compromise States, and for other purposes. waste of taxpayer funds for a structure that legislation, President Trump is creating a dan- would be ineffective and do very little for our gerous precedent for future political disputes. PERMISSION TO EXTEND DEBATE TIME ON S. 47 national security. The emergency declaration Congress must reject this presidential over- Mr. GRIJALVA. Mr. Speaker, I ask is nothing more than a power grab by the reach and assert its constitutional authority. unanimous consent that debate under president to fulfill a campaign promise, vio- Ms. BONAMICI. Mr. Speaker, I rise today to clause 1(c) of rule XV on a motion to lating existing law and our constitutional sys- express my support for this resolution to termi- suspend the rules relating to S. 47 be tem of separation of powers. nate the President’s declaration of a national extended to 50 minutes. Congress has already rejected the presi- emergency on February 15, 2019. No such The SPEAKER pro tempore. Is there dent’s proposed border wall, and alternatively, emergency exists on the U.S.-Mexico border. objection to the request of the gen- by an overwhelmingly bipartisan vote, made The President is using this declaration as a tleman from Arizona? robust investments in our border security. false pretense to divert taxpayer money, pri- There was no objection. These investments include $1.375 billion for marily away from the Department of Defense, The SPEAKER pro tempore. The approximately 55 miles of physical barrier toward the construction of a wasteful, ineffec- Clerk will report the title of the bill. along the southern border, $564 million for im- tive wall along the southern border. This dec- The Clerk read the title of the bill.

VerDate Sep 11 2014 21:07 May 07, 2019 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORD19\FEBRUARY\H26FE9.REC H26FE9 H2142 CONGRESSIONAL RECORD — HOUSE February 26, 2019 The text of the bill is as follows: Sec. 1117. Ashley Karst National Recreation PART IV—OFF-HIGHWAY VEHICLE RECREATION S. 47 and Geologic Area. AREAS Sec. 1118. John Wesley Powell National Con- Be it enacted by the Senate and House of Rep- Sec. 1441. Off-highway vehicle recreation servation Area. areas. resentatives of the United States of America in Sec. 1119. Alaska Native Vietnam era vet- PART V—MISCELLANEOUS Congress assembled, erans land allotment. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 1120. Red River gradient boundary sur- Sec. 1451. Transfer of land to Anza-Borrego (a) SHORT TITLE.—This Act may be cited as vey. Desert State Park. the ‘‘Natural Resources Management Act’’. Sec. 1121. San Juan County settlement im- Sec. 1452. Wildlife corridors. (b) TABLE OF CONTENTS.—The table of con- plementation. Sec. 1453. Prohibited uses of acquired, do- tents for this Act is as follows: Sec. 1122. Rio Puerco Watershed manage- nated, and conservation land. Sec. 1. Short title; table of contents. ment program. Sec. 1454. Tribal uses and interests. Sec. 2. Definition of Secretary. Sec. 1123. Ashley Springs land conveyance. Sec. 1455. Release of Federal reversionary land interests. Subtitle C—Wilderness Designations and TITLE I—PUBLIC LAND AND FORESTS Sec. 1456. California State school land. Withdrawals Subtitle A—Land Exchanges and Sec. 1457. Designation of wild and scenic riv- Conveyances PART I—GENERAL PROVISIONS ers. Sec. 1001. Crags land exchange, Colorado. Sec. 1201. Organ Mountains-Desert Peaks Sec. 1458. Conforming amendments. Sec. 1002. Arapaho National Forest bound- conservation. Sec. 1459. Juniper Flats. ary adjustment. Sec. 1202. Cerro del Yuta and Rı´o San Anto- Sec. 1460. Conforming amendments to Cali- Sec. 1003. Santa Ana River Wash Plan land nio Wilderness Areas. fornia Military Lands With- exchange. Sec. 1203. Methow Valley, Washington, Fed- drawal and Overflights Act of Sec. 1004. Udall Park land exchange. eral land withdrawal. 1994. Sec. 1005. Confirmation of State land grants. Sec. 1204. Emigrant Crevice withdrawal. Sec. 1461. Desert tortoise conservation cen- Sec. 1006. Custer County Airport convey- Sec. 1205. Oregon Wildlands. ter. ance. PART II—EMERY COUNTY PUBLIC LAND TITLE II—NATIONAL PARKS Sec. 1007. Pascua Yaqui Tribe land convey- MANAGEMENT Subtitle A—Special Resource Studies ance. Sec. 1211. Definitions. Sec. 2001. Special resource study of James K. Sec. 1008. La Paz County land conveyance. Sec. 1212. Administration. Polk presidential home. Sec. 1009. Lake Bistineau land title sta- Sec. 1213. Effect on water rights. Sec. 2002. Special resource study of bility. Sec. 1214. Savings clause. Thurgood Marshall school. Sec. 1010. Lake Fannin land conveyance. SUBPART A—SAN RAFAEL SWELL RECREATION Sec. 2003. Special resource study of Presi- Sec. 1011. Land conveyance and utility AREA dent Street Station. right-of-way, Henry’s Lake Wil- Sec. 2004. Amache special resource study. derness Study Area, Idaho. Sec. 1221. Establishment of Recreation Area. Sec. 2005. Special resource study of George Sec. 1012. Conveyance to Ukpeagvik Inupiat Sec. 1222. Management of Recreation Area. W. Bush Childhood Home. Corporation. Sec. 1223. San Rafael Swell Recreation Area Sec. 1013. Public purpose conveyance to City Advisory Council. Subtitle B—National Park System Boundary of Hyde Park, Utah. SUBPART B—WILDERNESS AREAS Adjustments and Related Matters Sec. 1014. Juab County conveyance. Sec. 1231. Additions to the National Wilder- Sec. 2101. Shiloh National Military Park Sec. 1015. Black Mountain Range and Bull- ness Preservation System. boundary adjustment. head City land exchange. Sec. 1232. Administration. Sec. 2102. Ocmulgee Mounds National His- Sec. 1016. Cottonwood land exchange. Sec. 1233. Fish and wildlife management. torical Park boundary. Sec. 1017. Embry-Riddle Tri-City land ex- Sec. 1234. Release. Sec. 2103. Kennesaw Mountain National Bat- change. tlefield Park boundary. SUBPART C—WILD AND SCENIC RIVER Sec. 2104. Fort Frederica National Monu- Subtitle B—Public Land and National Forest DESIGNATION System Management ment, Georgia. Sec. 1241. Green River wild and scenic river Sec. 2105. Fort Scott National Historic Site Sec. 1101. Bolts Ditch access. designation. boundary. Sec. 1102. Clarification relating to a certain SUBPART D—LAND MANAGEMENT AND Sec. 2106. Florissant Fossil Beds National land description under the CONVEYANCES Monument boundary. Northern Arizona Land Ex- Sec. 2107. Voyageurs National Park bound- change and Verde River Basin Sec. 1251. Goblin Valley State Park. ary adjustment. Partnership Act of 2005. Sec. 1252. Jurassic National Monument. Sec. 2108. Acadia National Park boundary. Sec. 1103. Frank and Jeanne Moore Wild Sec. 1253. Public land disposal and acquisi- Sec. 2109. Authority of Secretary of the In- Steelhead Special Management tion. terior to accept certain prop- Area. Sec. 1254. Public purpose conveyances. Sec. 1255. Exchange of BLM and School and erties, Missouri. Sec. 1104. Maintenance or replacement of fa- Institutional Trust Lands Ad- Sec. 2110. Home of Franklin D. Roosevelt cilities and structures at Smith ministration land. National Historic Site. Gulch. Sec. 1105. Repeal of provision limiting the Subtitle D—Wild and Scenic Rivers Subtitle C—National Park System export of timber harvested from Sec. 1301. Lower Farmington River and Redesignations certain Kake Tribal Corpora- Salmon Brook wild and scenic Sec. 2201. Designation of Saint-Gaudens Na- tion land. river. tional Historical Park. Sec. 1106. Designation of Fowler and Boskoff Sec. 1302. Wood-Pawcatuck watershed wild Sec. 2202. Redesignation of Robert Emmet Peaks. and scenic river segments. Park. Sec. 1107. Coronado National Forest land Sec. 1303. Nashua wild and scenic rivers, Sec. 2203. Fort Sumter and Fort Moultrie conveyance. Massachusetts and New Hamp- National Historical Park. Sec. 1108. Deschutes Canyon-Steelhead Falls shire. Sec. 2204. Reconstruction Era National His- Wilderness Study Area bound- Subtitle E—California Desert Protection and torical Park and Reconstruc- ary adjustment, Oregon. Recreation tion Era National Historic Net- Sec. 1109. Maintenance of Federal mineral work. Sec. 1401. Definitions. leases based on extraction of Sec. 2205. Golden Spike National Historical helium. PART I—DESIGNATION OF WILDERNESS IN THE Park. Sec. 1110. Small miner waivers to claim CALIFORNIA DESERT CONSERVATION AREA Sec. 2206. World War II Pacific sites. maintenance fees. Sec. 1411. California desert conservation and Subtitle D—New Units of the National Park Sec. 1111. Saint Francis Dam Disaster Na- recreation. System tional Memorial and National PART II—DESIGNATION OF SPECIAL Sec. 2301. Medgar and Myrlie Evers Home Monument. MANAGEMENT AREA National Monument. Sec. 1112. Owyhee Wilderness Areas bound- Sec. 1421. Vinagre Wash Special Manage- Sec. 2302. Mill Springs Battlefield National ary modifications. ment Area. Monument. Sec. 1113. Chugach Region land study. Sec. 2303. Camp Nelson Heritage National Sec. 1114. Wildfire technology moderniza- PART III—NATIONAL PARK SYSTEM Monument. tion. ADDITIONS Sec. 1115. McCoy Flats Trail System. Sec. 1431. Death Valley National Park Subtitle E—National Park System Sec. 1116. Technical corrections to certain boundary revision. Management laws relating to Federal land in Sec. 1432. Mojave National Preserve. Sec. 2401. Denali National Park and Pre- the State of Nevada. Sec. 1433. Joshua Tree National Park. serve natural gas pipeline.

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0655 E:\CR\FM\K26FE7.072 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2143 Sec. 2402. Historically Black Colleges and TITLE VII—WILDLIFE HABITAT AND (1) to authorize, direct, expedite and facili- Universities Historic Preserva- CONSERVATION tate the land exchange set forth herein; and tion program reauthorized. Sec. 7001. Wildlife habitat and conservation. (2) to promote enhanced public outdoor Sec. 2402A. John H. Chafee Coastal Barrier Sec. 7002. Reauthorization of Neotropical recreational and natural resource conserva- Resources System. Migratory Bird Conservation tion opportunities in the Pike National For- Sec. 2403. Authorizing cooperative manage- Act. est near Pikes Peak, Colorado, via acquisi- ment agreements between the Sec. 7003. John H. Chafee Coastal Barrier tion of the non-Federal land and trail ease- District of Columbia and the Resources System. ment. (b) DEFINITIONS.—In this section: Secretary of the Interior. TITLE VIII—WATER AND POWER Sec. 2404. Fees for Medical Services. (1) BHI.—The term ‘‘BHI’’ means Sec. 2405. Authority to grant easements and Subtitle A—Reclamation Title Transfer Broadmoor Hotel, Inc., a Colorado corpora- rights-of-way over Federal Sec. 8001. Purpose. tion. lands within Gateway National Sec. 8002. Definitions. (2) FEDERAL LAND.—The term ‘‘Federal Recreation Area. Sec. 8003. Authorization of transfers of title land’’ means all right, title, and interest of Sec. 2406. Adams Memorial Commission. to eligible facilities. the United States in and to approximately 83 Sec. 2407. Technical corrections to ref- Sec. 8004. Eligibility criteria. acres of land within the Pike National For- erences to the African Amer- Sec. 8005. Liability. est, El Paso County, Colorado, together with ican Civil Rights Network. Sec. 8006. Benefits. a nonexclusive perpetual access easement to Sec. 2408. Transfer of the James J. Howard Sec. 8007. Compliance with other laws. BHI to and from such land on Forest Service Marine Sciences Laboratory. Subtitle B—Endangered Fish Recovery Road 371, as generally depicted on the map Sec. 2409. Bows in parks. Programs entitled ‘‘Proposed Crags Land Exchange– Sec. 2410. Wildlife management in parks. Sec. 8101. Extension of authorization for an- Federal Parcel–Emerald Valley Ranch’’ and Sec. 2411. Pottawattamie County rever- nual base funding of fish recov- dated March 2015. sionary interest. ery programs; removal of cer- (3) NON-FEDERAL LAND.—The term ‘‘non- Sec. 2412. Designation of Dean Stone Bridge. tain reporting requirement. Federal land’’ means the land and trail ease- ment to be conveyed to the Secretary by BHI Subtitle F—National Trails and Related Sec. 8102. Report on recovery implementa- in the exchange and is— Matters tion programs. (A) approximately 320 acres of land within Sec. 2501. North Country Scenic Trail Route Subtitle C—Yakima River Basin Water the Pike National Forest, Teller County, adjustment. Enhancement Project Colorado, as generally depicted on the map Sec. 2502. Extension of Lewis and Clark Na- Sec. 8201. Authorization of phase III. entitled ‘‘Proposed Crags Land Exchange– tional Historic Trail. Sec. 8202. Modification of purposes and defi- Non-Federal Parcel–Crags Property’’ and Sec. 2503. American Discovery Trail signage. nitions. dated March 2015; and Sec. 2504. Pike National Historic Trail Sec. 8203. Yakima River Basin Water Con- (B) a permanent trail easement for the study. servation Program. Barr Trail in El Paso County, Colorado, as TITLE III—CONSERVATION Sec. 8204. Yakima Basin water projects, op- generally depicted on the map entitled ‘‘Pro- AUTHORIZATIONS erations, and authorizations. posed Crags Land Exchange–Barr Trail Ease- Sec. 3001. Reauthorization of Land and Subtitle D—Bureau of Reclamation Facility ment to United States’’ and dated March Water Conservation Fund. Conveyances 2015, and which shall be considered as a vol- Sec. 3002. Conservation incentives land- Sec. 8301. Conveyance of Maintenance Com- untary donation to the United States by BHI owner education program. plex and District Office of the for all purposes of law. (4) SECRETARY.—The term ‘‘Secretary’’ TITLE IV—SPORTSMEN’S ACCESS AND Arbuckle Project, Oklahoma. means the Secretary of Agriculture, unless RELATED MATTERS Sec. 8302. Contra Costa Canal transfer. otherwise specified. Subtitle E—Project Authorizations Subtitle A—National Policy (c) LAND EXCHANGE.— Sec. 4001. Congressional declaration of na- Sec. 8401. Extension of Equus Beds Division (1) IN GENERAL.—If BHI offers to convey to tional policy. of the Wichita Project. the Secretary all right, title, and interest of Subtitle B—Sportsmen’s Access to Federal Subtitle F—Modifications of Existing BHI in and to the non-Federal land, the Sec- Land Programs retary shall accept the offer and simulta- neously convey to BHI the Federal land. Sec. 4101. Definitions. Sec. 8501. Watersmart. (2) LAND TITLE.—Title to the non-Federal Subtitle G—Bureau of Reclamation Sec. 4102. Federal land open to hunting, fish- land conveyed and donated to the Secretary Transparency ing, and recreational shooting. under this section shall be acceptable to the Sec. 4103. Closure of Federal land to hunt- Sec. 8601. Definitions. Secretary and shall conform to the title ap- ing, fishing, and recreational Sec. 8602. Asset Management Report en- proval standards of the Attorney General of shooting. hancements for reserved works. the United States applicable to land acquisi- Sec. 4104. Shooting ranges. Sec. 8603. Asset Management Report en- tions by the Federal Government. Sec. 4105. Identifying opportunities for hancements for transferred (3) PERPETUAL ACCESS EASEMENT TO BHI.— recreation, hunting, and fishing works. The nonexclusive perpetual access easement on Federal land. TITLE IX—MISCELLANEOUS to be granted to BHI as shown on the map re- Subtitle C—Open Book on Equal Access to Sec. 9001. Every Kid Outdoors Act. ferred to in subsection (b)(2) shall allow— Justice Sec. 9002. Good Samaritan Search and Re- (A) BHI to fully maintain, at BHI’s ex- Sec. 4201. Federal action transparency. covery Act. pense, and use Forest Service Road 371 from Subtitle D—Migratory Bird Framework and Sec. 9003. 21st Century Conservation Service its junction with Forest Service Road 368 in Hunting Opportunities for Veterans Corps Act. accordance with historic use and mainte- nance patterns by BHI; and Sec. 4301. Federal closing date for hunting of Sec. 9004. National Nordic Museum Act. Sec. 9005. Designation of National George C. (B) full and continued public and adminis- ducks, mergansers, and coots. Marshall Museum and Library. trative access and use of Forest Service Road Subtitle E—Miscellaneous Sec. 9006. 21st Century Respect Act. 371 in accordance with the existing Forest Sec. 4401. Respect for treaties and rights. Sec. 9007. American World War II Heritage Service travel management plan, or as such Sec. 4402. No priority. Cities. plan may be revised by the Secretary. Sec. 4403. State authority for fish and wild- Sec. 9008. Quindaro Townsite National Com- (4) ROUTE AND CONDITION OF ROAD.—BHI and life. memorative Site. the Secretary may mutually agree to im- TITLE V—HAZARDS AND MAPPING Sec. 9009. Designation of National Comedy prove, relocate, reconstruct, or otherwise Center in Jamestown, New Sec. 5001. National Volcano Early Warning alter the route and condition of all or por- York. and Monitoring System. tions of such road as the Secretary, in close Sec. 9010. John H. Chafee Coastal Barrier Sec. 5002. Reauthorization of National Geo- consultation with BHI, may determine advis- Resources System. logic Mapping Act of 1992. able. SEC. 2. DEFINITION OF SECRETARY. (5) EXCHANGE COSTS.—BHI shall pay for all TITLE VI—NATIONAL HERITAGE AREAS In this Act, the term ‘‘Secretary’’ means land survey, appraisal, and other costs to the Sec. 6001. National Heritage Area designa- the Secretary of the Interior. Secretary as may be necessary to process tions. TITLE I—PUBLIC LAND AND FORESTS and consummate the exchange directed by Sec. 6002. Adjustment of boundaries of Lin- this section, including reimbursement to the coln National Heritage Area. Subtitle A—Land Exchanges and Secretary, if the Secretary so requests, for Sec. 6003. Finger Lakes National Heritage Conveyances staff time spent in such processing and con- Area study. SEC. 1001. CRAGS LAND EXCHANGE, COLORADO. summation. Sec. 6004. National Heritage Area amend- (a) PURPOSES.—The purposes of this section (d) EQUAL VALUE EXCHANGE AND APPRAIS- ments. are— ALS.—

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(1) APPRAISALS.—The values of the lands to (3) EXCHANGE TIMETABLE.—It is the intent (3) FEDERAL LAND.—The term ‘‘Federal be exchanged under this section shall be de- of Congress that the land exchange directed land’’ means the approximately 327 acres of termined by the Secretary through apprais- by this section be consummated no later Federal land administered by the Bureau of als performed— than 1 year after the date of enactment of Land Management generally depicted as (A) in accordance with— this Act. ‘‘BLM Land to SBVWCD’’ on the Map. (i) the Uniform Appraisal Standards for (4) MAPS, ESTIMATES, AND DESCRIPTIONS.— (4) MAP.—The term ‘‘Map’’ means the map Federal Land Acquisitions; (A) MINOR ERRORS.—The Secretary and BHI entitled ‘‘Santa Ana River Wash Land Ex- (ii) the Uniform Standards of Professional may by mutual agreement make minor change’’ and dated September 3, 2015. Appraisal Practice; and boundary adjustments to the Federal and (5) NON-FEDERAL EXCHANGE PARCEL.—The (iii) appraisal instructions issued by the non-Federal lands involved in the exchange, term ‘‘non-Federal exchange parcel’’ means Secretary; and and may correct any minor errors in any the approximately 59 acres of land owned by (B) by an appraiser mutually agreed to by map, acreage estimate, or description of any the Conservation District generally depicted the Secretary and BHI. land to be exchanged. as ‘‘SBVWCD Equalization Land’’ on the (2) EQUAL VALUE EXCHANGE.—The values of (B) CONFLICT.—If there is a conflict be- Map and is to be conveyed to the United the Federal land and non-Federal land par- tween a map, an acreage estimate, or a de- States if necessary to equalize the fair mar- cels exchanged shall be equal, or if they are scription of land under this section, the map ket values of the lands otherwise to be ex- not equal, shall be equalized as follows: shall control unless the Secretary and BHI changed. (A) SURPLUS OF FEDERAL LAND VALUE.—If mutually agree otherwise. (6) NON-FEDERAL LAND.—The term ‘‘non- the final appraised value of the Federal land (C) AVAILABILITY.—Upon enactment of this Federal Land’’ means the approximately 310 exceeds the final appraised value of the non- Act, the Secretary shall file and make avail- acres of land owned by the Conservation Dis- Federal land parcel identified in subsection able for public inspection in the head- trict generally depicted as ‘‘SBVWCD to (b)(3)(A), BHI shall make a cash equalization quarters of the Pike-San Isabel National BLM’’ on the Map. payment to the United States as necessary Forest a copy of all maps referred to in this (b) EXCHANGE OF LAND; EQUALIZATION OF to achieve equal value, including, if nec- section. VALUE.— (1) EXCHANGE AUTHORIZED.—Notwith- essary, an amount in excess of that author- SEC. 1002. ARAPAHO NATIONAL FOREST BOUND- ized pursuant to section 206(b) of the Federal ARY ADJUSTMENT. standing the land use planning requirements Land Policy and Management Act of l976 (43 (a) IN GENERAL.—The boundary of the of sections 202, 210, and 211 of the Federal U.S.C. 1716(b)). Arapaho National Forest in the State of Col- Land Policy and Management Act of 1976 (43 (B) USE OF FUNDS.—Any cash equalization orado is adjusted to incorporate the approxi- U.S.C. 1712, 1720, 1721), subject to valid exist- moneys received by the Secretary under sub- mately 92.95 acres of land generally depicted ing rights, and conditioned upon any equali- paragraph (A) shall be— as ‘‘The Wedge’’ on the map entitled ‘‘Arap- zation payment necessary under section (i) deposited in the fund established under aho National Forest Boundary Adjustment’’ 206(b) of the Federal Land Policy and Man- Public Law 90–171 (commonly known as the and dated November 6, 2013, and described as agement Act of 1976 (43 U.S.C. 1716(b)), and ‘‘Sisk Act’’; 16 U.S.C. 484a); and lots three, four, eight, and nine of section 13, paragraph (2), as soon as practicable, but not (ii) made available to the Secretary for the Township 4 North, Range 76 West, Sixth later than 2 years after the date of enact- acquisition of land or interests in land in Re- Principal Meridian, Colorado. A lot described ment of this Act, if the Conservation Dis- gion 2 of the Forest Service. in this subsection may be included in the trict offers to convey the exchange land to (C) SURPLUS OF NON-FEDERAL LAND boundary adjustment only after the Sec- the United States, the Secretary shall— VALUE.—If the final appraised value of the retary of Agriculture obtains written per- (A) convey to the Conservation District all non-Federal land parcel identified in sub- mission for such action from the lot owner right, title, and interest of the United States section (b)(3)(A) exceeds the final appraised or owners. in and to the Federal land, and any such por- value of the Federal land, the United States (b) BOWEN GULCH PROTECTION AREA.—The tion of the Federal exchange parcel as may shall not make a cash equalization payment Secretary of Agriculture shall include all be required to equalize the values of the to BHI, and surplus value of the non-Federal Federal land within the boundary described lands exchanged; and land shall be considered a donation by BHI in subsection (a) in the Bowen Gulch Protec- (B) accept from the Conservation District a to the United States for all purposes of law. tion Area established under section 6 of the conveyance of all right, title, and interest of (3) APPRAISAL EXCLUSIONS.— Colorado Wilderness Act of 1993 (16 U.S.C. the Conservation District in and to the non- (A) SPECIAL USE PERMIT.—The appraised 539j). Federal land, and any such portion of the value of the Federal land parcel shall not re- (c) LAND AND WATER CONSERVATION FUND.— non-Federal exchange parcel as may be re- flect any increase or diminution in value due For purposes of section 200306(a)(2)(B)(i) of quired to equalize the values of the lands ex- to the special use permit existing on the date title 54, United States Code, the boundaries changed. of enactment of this Act to BHI on the par- of the Arapaho National Forest, as modified (2) EQUALIZATION PAYMENT.—To the extent cel and improvements thereunder. under subsection (a), shall be considered to an equalization payment is necessary under (B) BARR TRAIL EASEMENT.—The Barr Trail be the boundaries of the Arapaho National section 206(b) of the Federal Land Policy and easement donation identified in subsection Forest as in existence on January 1, 1965. Management Act of 1976 (43 U.S.C. 1716(b)), (b)(3)(B) shall not be appraised for purposes (d) PUBLIC MOTORIZED USE.—Nothing in the amount of such equalization payment of this section. this section opens privately owned lands shall first be made by way of in-kind transfer (e) MISCELLANEOUS PROVISIONS.— within the boundary described in subsection of such portion of the Federal exchange par- (1) WITHDRAWAL PROVISIONS.— (a) to public motorized use. cel to the Conservation District, or transfer (A) WITHDRAWAL.—Lands acquired by the (e) ACCESS TO NON-FEDERAL LANDS.—Not- of such portion of the non-Federal exchange Secretary under this section shall, without withstanding the provisions of section 6(f) of parcel to the United States, as the case may further action by the Secretary, be perma- the Colorado Wilderness Act of 1993 (16 be, as may be necessary to equalize the fair nently withdrawn from all forms of appro- U.S.C. 539j(f)) regarding motorized travel, market values of the exchanged properties. priation and disposal under the public land the owners of any non-Federal lands within The fair market value of the Federal ex- laws (including the mining and mineral leas- the boundary described in subsection (a) who change parcel or non-Federal exchange par- ing laws) and the Geothermal Steam Act of historically have accessed their lands cel, as the case may be, shall be credited 1930 (30 U.S.C. 1001 et seq.). through lands now or hereafter owned by the against any required equalization payment. (B) WITHDRAWAL REVOCATION.—Any public United States within the boundary described To the extent such credit is not sufficient to land order that withdraws the Federal land in subsection (a) shall have the continued offset the entire amount of equalization pay- from appropriation or disposal under a public right of motorized access to their lands ment so indicated, any remaining amount of land law shall be revoked to the extent nec- across the existing roadway. equalization payment shall be treated as fol- essary to permit disposal of the Federal land SEC. 1003. SANTA ANA RIVER WASH PLAN LAND lows: parcel to BHI. EXCHANGE. (A) If the equalization payment is to equal- (C) WITHDRAWAL OF FEDERAL LAND.—All (a) DEFINITIONS.—In this section: ize values by which the Federal land exceeds Federal land authorized to be exchanged (1) CONSERVATION DISTRICT.—The term the non-Federal land and the credited value under this section, if not already withdrawn ‘‘Conservation District’’ means the San of the non-Federal exchange parcel, Con- or segregated from appropriation or disposal Bernardino Valley Water Conservation Dis- servation District may make the equali- under the public lands laws upon enactment trict, a political subdivision of the State of zation payment to the United States, not- of this Act, is hereby so withdrawn, subject California. withstanding any limitation regarding the to valid existing rights, until the date of (2) FEDERAL EXCHANGE PARCEL.—The term amount of the equalization payment under conveyance of the Federal land to BHI. ‘‘Federal exchange parcel’’ means the ap- section 206(b) of the Federal Land Policy and (2) POSTEXCHANGE LAND MANAGEMENT.— proximately 90 acres of Federal land admin- Management Act of 1976 (43 U.S.C. 1716(b)). In Land acquired by the Secretary under this istered by the Bureau of Land Management the event Conservation District opts not to section shall become part of the Pike-San generally depicted as ‘‘BLM Equalization make the indicated equalization payment, Isabel National Forest and be managed in ac- Land to SBVWCD’’ on the Map and is to be the exchange shall not proceed. cordance with the laws, rules, and regula- conveyed to the Conservation District if nec- (B) If the equalization payment is to equal- tions applicable to the National Forest Sys- essary to equalize the fair market values of ize values by which the non-Federal land ex- tem. the lands otherwise to be exchanged. ceeds the Federal land and the credited value

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2145 of the Federal exchange parcel, the Sec- non-Federal land to enable economic devel- Secretary shall complete an appraisal to de- retary shall order the exchange without re- opment of the non-Federal land. termine the market value of the Federal quirement of any additional equalization (2) LEGAL DESCRIPTIONS.—As soon as prac- land. payment by the United States to the Con- ticable after the date of enactment of this (B) STANDARDS.—The appraisal under sub- servation District. Act, the exact legal descriptions of the non- paragraph (A) shall be conducted in accord- (3) APPRAISALS.— Federal land shall be determined in a man- ance with— (A) The value of the land to be exchanged ner satisfactory to the Secretary. (i) the Uniform Appraisal Standards for under this section shall be determined by ap- (3) ADDITIONAL TERMS AND CONDITIONS.— Federal Land Acquisitions; and praisals conducted by one or more inde- The Secretary may require such additional (ii) the Uniform Standards of Professional pendent and qualified appraisers. terms and conditions to the conveyance Appraisal Practice. (B) The appraisals shall be conducted in ac- under paragraph (1), consistent with that (4) MAP.— cordance with nationally recognized ap- paragraph, as the Secretary considers appro- (A) AVAILABILITY OF MAP.—The map shall praisal standards, including, as appropriate, priate to protect the interests of the United be kept on file and available for public in- the Uniform Appraisal Standards for Federal States. spection in the appropriate office of the For- Land Acquisitions and the Uniform Stand- (4) COSTS.—The City shall pay all costs as- est Service. ards of Professional Appraisal Practice. sociated with the conveyance under para- (B) CORRECTION OF ERRORS.—The Secretary (4) TITLE APPROVAL.—Title to the land to graph (1), consistent with that paragraph, in- may correct any errors in the map. be exchanged under this section shall be in a cluding the costs of any surveys, recording (5) CONSIDERATION.—As consideration for format acceptable to the Secretary and the costs, and other reasonable costs. the conveyance under paragraph (1), the County shall pay to the Secretary an Conservation District. SEC. 1005. CONFIRMATION OF STATE LAND (5) MAP AND LEGAL DESCRIPTIONS.—As soon GRANTS. amount equal to the market value of the Federal land, as determined by the appraisal as practicable after the date of enactment of (a) IN GENERAL.—Subject to valid existing this Act, the Secretary shall finalize a map rights, the State of Utah may select any under paragraph (3). and legal descriptions of all land to be con- lands in T. 6 S. and T. 7 S., R. 1 W., Salt Lake (6) SURVEY.—The exact acreage and legal veyed under this section. The Secretary may Base and Meridian, that are owned by the description of the Federal land to be con- veyed under paragraph (1) shall be deter- correct any minor errors in the map or in United States, under the administrative ju- mined by a survey satisfactory to the Sec- the legal descriptions. The map and legal de- risdiction of the Bureau of Land Manage- retary. scriptions shall be on file and available for ment, and identified as available for disposal (7) COSTS OF CONVEYANCE.—As a condition public inspection in appropriate offices of by land exchange in the Record of Decision on the conveyance under paragraph (1), the the Bureau of Land Management. for the Pony Express Resource Management County shall pay to the Secretary all costs (6) COSTS OF CONVEYANCE.—As a condition Plan and Rangeland Program Summary for associated with the conveyance, including of conveyance, any costs related to the con- Utah County (January 1990), as amended by the cost of— veyance under this section shall be paid by the Pony Express Plan Amendment (Novem- (A) the appraisal under paragraph (3); and the Conservation District. ber 1997), in fulfillment of the land grants (B) the survey under paragraph (6). (c) APPLICABLE LAW.— made in sections 6, 8, and 12 of the Act of (8) PROCEEDS FROM THE SALE OF LAND.—Any (1) ACT OF FEBRUARY 20, 1909.— July 16, 1894 (28 Stat. 107) as generally de- proceeds received by the Secretary from the (A) The Act of February 20, 1909 (35 Stat. picted on the map entitled ‘‘Proposed Utah conveyance under paragraph (1) shall be— 641), shall not apply to the Federal land and County Quantity Grants’’ and dated June 27, (A) deposited in the fund established under any public exchange land transferred under 2017, to further the purposes of the State of Public Law 90–171 (commonly known as the this section. Utah School and Institutional Trust Lands ‘‘Sisk Act’’) (16 U.S.C. 484a); and (B) The exchange of lands under this sec- Administration, without further land use (B) available to the Secretary until ex- tion shall be subject to continuing rights of planning action by the Bureau of Land Man- pended, without further appropriation, for the Conservation District under the Act of agement. the acquisition of inholdings in units of the February 20, 1909 (35 Stat. 641), on the non- (b) APPLICATION.—The criteria listed in De- National Forest System in the State of Federal land and any exchanged portion of cision 3 of the Lands Program of the re- South Dakota. the non-Federal exchange parcel for the con- source management plan described in sub- tinued use, maintenance, operation, con- SEC. 1007. PASCUA YAQUI TRIBE LAND CONVEY- section (a) shall not apply to any land se- ANCE. struction, or relocation of, or expansion of, lected under that subsection. (a) DEFINITIONS.—In this section: groundwater recharge facilities on the non- (c) EFFECT ON LIMITATION.—Nothing in this (1) DISTRICT.—The term ‘‘District’’ means Federal land, to accommodate groundwater section affects the limitation established the Tucson Unified School District No. 1, a recharge of the Bunker Hill Basin to the ex- under section 2815(d) of the National Defense school district recognized as such under the tent that such activities are not in conflict Authorization Act for Fiscal Year 2000 (Pub- laws of the State of Arizona. with any Habitat Conservation Plan or Habi- lic Law 106–65). (2) MAP.—The term ‘‘Map’’ means the map tat Management Plan under which such non- SEC. 1006. CUSTER COUNTY AIRPORT CONVEY- entitled ‘‘ ‘Pascua Yaqui Tribe Land Convey- Federal land or non-Federal exchange parcel ANCE. ance Act’’, dated March 14, 2016, and on file may be held or managed. (a) DEFINITIONS.—In this section: and available for public inspection in the (2) FLPMA.—Except as otherwise provided (1) COUNTY.—The term ‘‘County’’ means local office of the Bureau of Land Manage- in this section, the Federal Land Policy and Custer County, South Dakota. ment. Management Act of 1976 (43 U.S.C. 1701 et (2) FEDERAL LAND.—The term ‘‘Federal (3) RECREATION AND PUBLIC PURPOSES ACT.— seq.), shall apply to the exchange of land land’’ means all right, title, and interest of The term ‘‘Recreation and Public Purposes under this section. the United States in and to approximately Act’’ means the Act of June 14, 1926 (43 (d) CANCELLATION OF SECRETARIAL ORDER 65.7 acres of National Forest System land, as U.S.C. 869 et seq.). 241.—Secretarial Order 241, dated November generally depicted on the map. (4) TRIBE.—The term ‘‘Tribe’’ means the 11, 1929 (withdrawing a portion of the Federal (3) MAP.—The term ‘‘map’’ means the map Pascua Yaqui Tribe of Arizona, a federally land for an unconstructed transmission line), entitled ‘‘Custer County Airport Convey- recognized Indian Tribe. is terminated and the withdrawal thereby ef- ance’’ and dated October 19, 2017. (b) LAND TO BE HELD IN TRUST.— fected is revoked. (4) SECRETARY.—The term ‘‘Secretary’’ (1) PARCEL A.—Subject to paragraph (2) and SEC. 1004. UDALL PARK LAND EXCHANGE. means the Secretary of Agriculture, acting to valid existing rights, all right, title, and (a) DEFINITIONS.—In this section: through the Chief of the Forest Service. interest of the United States in and to the (1) CITY.—The term ‘‘City’’ means the city (b) LAND CONVEYANCE.— approximately 39.65 acres of Federal lands of Tucson, Arizona. (1) IN GENERAL.—Subject to the terms and generally depicted on the map as ‘‘Parcel A’’ (2) NON-FEDERAL LAND.—The term ‘‘non- conditions described in paragraph (2), if the are declared to be held in trust by the United Federal land’’ means the approximately County submits to the Secretary an offer to States for the benefit of the Tribe. 172.8-acre parcel of City land identified in acquire the Federal land for the market (2) EFFECTIVE DATE.—Paragraph (1) shall the patent numbered 02–90–0001 and dated Oc- value, as determined by the appraisal under take effect on the day after the date on tober 4, 1989, and more particularly described paragraph (3), the Secretary shall convey the which the District relinquishes all right, as lots 3 and 4, S1⁄2NW1⁄4, sec. 5, T.14 S., R.15 Federal land to the County. title, and interest of the District in and to E., Gila and Salt River Meridian, Arizona. (2) TERMS AND CONDITIONS.—The convey- the approximately 39.65 acres of land de- (b) CONVEYANCE OF FEDERAL REVERSIONARY ance under paragraph (1) shall be— scribed in paragraph (1). INTEREST IN LAND LOCATED IN TUCSON, ARI- (A) subject to valid existing rights; (c) LANDS TO BE CONVEYED TO THE DIS- ZONA.— (B) made by quitclaim deed; and TRICT.— (1) IN GENERAL.—Notwithstanding any (C) subject to any other terms and condi- (1) PARCEL B.— other provision of law, the Secretary shall tions as the Secretary considers appropriate (A) IN GENERAL.—Subject to valid existing convey to the City, without consideration, to protect the interests of the United States. rights and payment to the United States of the reversionary interests of the United (3) APPRAISAL.— the fair market value, the United States States in and to the non-Federal land for the (A) IN GENERAL.—Not later than 60 days shall convey to the District all right, title, purpose of unencumbering the title to the after the date of enactment of this Act, the and interest of the United States in and to

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2146 CONGRESSIONAL RECORD — HOUSE February 26, 2019 the approximately 13.24 acres of Federal Tribe or any obligation of the United States (A) an amount equal to the appraised value lands generally depicted on the map as ‘‘Par- under Public Law 95–375. determined in accordance with paragraph cel B’’. (3)(B); and SEC. 1008. LA PAZ COUNTY LAND CONVEYANCE. (B) DETERMINATION OF FAIR MARKET (B) all costs related to the conveyance, in- VALUE.—The fair market value of the prop- (a) DEFINITIONS.—In this section: cluding all surveys, appraisals, and other ad- erty to be conveyed under subparagraph (A) (1) COUNTY.—The term ‘‘County’’ means La ministrative costs associated with the con- shall be determined by the Secretary in ac- Paz County, Arizona. veyance of the Federal land to the County cordance with the Uniform Appraisal Stand- (2) FEDERAL LAND.—The term ‘‘Federal under paragraph (1). ards for Federal Land Acquisitions and the land’’ means the approximately 5,935 acres of (8) PROCEEDS FROM THE SALE OF LAND.—The Uniform Standards of Professional Appraisal land managed by the Bureau of Land Man- proceeds from the sale of land under this Practice. agement and designated as ‘‘Federal land to subsection shall be— (C) COSTS OF CONVEYANCE.—As a condition be conveyed’’ on the map. (A) deposited in the Federal Land Disposal of the conveyance under this paragraph, all (3) MAP.—The term ‘‘map’’ means the map Account established by section 206(a) of the costs associated with the conveyance shall prepared by the Bureau of Land Management Federal Land Transaction Facilitation Act be paid by the District. entitled ‘‘Proposed La Paz County Land Con- (43 U.S.C. 2305(a)); and (2) PARCEL C.— veyance’’ and dated October 1, 2018. (B) used in accordance with that Act (43 (A) IN GENERAL.—If, not later than 1 year U.S.C. 2301 et seq.). (b) CONVEYANCE TO LA PAZ COUNTY, ARI- after the completion of the appraisal re- SEC. 1009. LAKE BISTINEAU LAND TITLE STA- ZONA.— quired by subparagraph (C), the District sub- BILITY. (1) IN GENERAL.—Notwithstanding the plan- mits to the Secretary an offer to acquire the (a) DEFINITIONS.—In this section: ning requirement of sections 202 and 203 of Federal reversionary interest in all of the (1) CLAIMANT.—The term ‘‘claimant’’ the Federal Land Policy and Management approximately 27.5 acres of land conveyed to means any individual, group, or corporation Act of 1976 (43 U.S.C. 1712, 1713) and in ac- the District under Recreation and Public authorized to hold title to land or mineral cordance with this section and other applica- Purposes Act and generally depicted on the interests in land in the State of Louisiana ble law, as soon as practicable after receiv- map as ‘‘Parcel C’’, the Secretary shall con- with a valid claim to the omitted land, in- vey to the District such reversionary inter- ing a request from the County to convey the cluding any mineral interests. Federal land, the Secretary shall convey the est in the lands covered by the offer. The (2) MAP.—The term ‘‘Map’’ means the map Secretary shall complete the conveyance not Federal land to the County. entitled ‘‘Lands as Delineated by Original later than 30 days after the date of the offer. (2) RESTRICTIONS ON CONVEYANCE.— Survey December 18, 1842 showing the 1969 (A) IN GENERAL.—The conveyance under (B) SURVEY.—Not later than 90 days after Meander Line at the 148.6 Elevation Line’’ the date of enactment of this Act, the Sec- paragraph (1) shall be subject to— and dated January 30, 2018. retary shall complete a survey of the lands (i) valid existing rights; and (3) OMITTED LAND.— described in this paragraph to determine the (ii) such terms and conditions as the Sec- (A) IN GENERAL.—The term ‘‘omitted land’’ precise boundaries and acreage of the lands retary determines to be necessary. means the land in lots 6, 7, 8, 9, 10, 11, 12, and subject to the Federal reversionary interest. (B) EXCLUSION.—The Secretary shall ex- 13 of sec. 30, T. 16 N., R. 10 W., Louisiana Me- clude from the conveyance under paragraph (C) APPRAISAL.—Not later than 180 days ridian, comprising a total of approximately after the date of enactment of this Act, the (1) any Federal land that contains signifi- 229.72 acres, as depicted on the Map, that— Secretary shall complete an appraisal of the cant cultural, environmental, wildlife, or (i) was in place during the Original Survey; Federal reversionary interest in the lands recreational resources. but identified by the survey required by subpara- (3) PAYMENT OF FAIR MARKET VALUE.—The (ii) was not included in the Original Sur- graph (B). The appraisal shall be completed conveyance under paragraph (1) shall be for vey. in accordance with the Uniform Appraisal the fair market value of the Federal land to (B) INCLUSION.—The term ‘‘omitted land’’ Standards for Federal Land Acquisitions and be conveyed, as determined— includes— the Uniform Standards of Professional Ap- (A) in accordance with the Federal Land (i) Peggy’s Island in lot 1 of sec. 17, T. 16 praisal Practice. Policy and Management Act of 1976 (43 N., R. 10 W., Louisiana Meridian; and U.S.C. 1701 et seq.); and (D) CONSIDERATION.—As consideration for (ii) Hog Island in lot 1 of sec. 29, T. 16 N., the conveyance of the Federal reversionary (B) based on an appraisal that is conducted R. 10 W., Louisiana Meridian. interest under this paragraph, the District in accordance with— (4) ORIGINAL SURVEY.—The term ‘‘Original shall pay to the Secretary an amount equal (i) the Uniform Appraisal Standards for Survey’’ means the survey of land sur- to the appraised value of the Federal inter- Federal Land Acquisitions; and rounding Lake Bistineau, Louisiana, con- est, as determined under subparagraph (C). (ii) the Uniform Standards of Professional ducted by the General Land Office in 1838 The consideration shall be paid not later Appraisal Practice. and approved by the Surveyor General on than 30 days after the date of the convey- (4) PROTECTION OF TRIBAL CULTURAL ARTI- December 8, 1842. ance. FACTS.—As a condition of the conveyance (b) CONVEYANCES.— under paragraph (1), the County shall, and as (E) COSTS OF CONVEYANCE.—As a condition (1) IN GENERAL.—Consistent with the first of the conveyance under this paragraph, all a condition of any subsequent conveyance, section of the Act of December 22, 1928 (com- costs associated with the conveyance, in- any subsequent owner shall— monly known as the ‘‘Color of Title Act’’) (45 cluding the cost of the survey required by (A) make good faith efforts to avoid dis- Stat. 1069, chapter 47; 43 U.S.C. 1068), except subparagraph (B) and the appraisal required turbing Tribal artifacts; as provided by this section, the Secretary by subparagraph (C), shall be paid by the (B) minimize impacts on Tribal artifacts if shall convey to the claimant the omitted District. they are disturbed; land, including any mineral interests, that (d) GAMING PROHIBITION.—The Tribe may (C) coordinate with the Colorado River In- has been held in good faith and in peaceful, not conduct gaming activities on lands dian Tribes Tribal Historic Preservation Of- adverse possession by a claimant or an an- taken into trust pursuant to this section, ei- fice to identify artifacts of cultural and his- cestor or grantor of the claimant, under ther as a matter of claimed inherent author- toric significance; and claim or color of title, based on the Original ity, under the authority of any Federal law, (D) allow Tribal representatives to rebury Survey. including the Indian Gaming Regulatory Act unearthed artifacts at or near where they (2) CONFIRMATION OF TITLE.—The convey- (25 U.S.C. 2701 et seq.), or under regulations were discovered. ance or patent of omitted land to a claimant promulgated by the Secretary or the Na- (5) AVAILABILITY OF MAP.— under paragraph (1) shall have the effect of tional Indian Gaming Commission. (A) IN GENERAL.—The map shall be on file confirming title to the surface and minerals (e) WATER RIGHTS.— and available for public inspection in the ap- in the claimant and shall not serve as any (1) IN GENERAL.—There shall be no Federal propriate offices of the Bureau of Land Man- admission by a claimant. reserved right to surface water or ground- agement. (c) PAYMENT OF COSTS.— water for any land taken into trust by the (B) CORRECTIONS.—The Secretary and the (1) IN GENERAL.—Except as provided in United States for the benefit of the Tribe County may, by mutual agreement— paragraph (2), the conveyance required under under this section. (i) make minor boundary adjustments to subsection (b) shall be without consider- (2) STATE WATER RIGHTS.—The Tribe re- the Federal land to be conveyed under para- ation. tains any right or claim to water under graph (1); and (2) CONDITION.—As a condition of the con- State law for any land taken into trust by (ii) correct any minor errors in the map, an veyance of the omitted land under sub- the United States for the benefit of the Tribe acreage estimate, or the description of the section (b), before making the conveyance, under this section. Federal land. the Secretary shall recover from the State of (3) FORFEITURE OR ABANDONMENT.—Any (6) WITHDRAWAL.—The Federal land is Louisiana any costs incurred by the Sec- water rights that are appurtenant to land withdrawn from the operation of the mining retary relating to any survey, platting, legal taken into trust by the United States for the and mineral leasing laws of the United description, or associated activities required benefit of the Tribe under this section may States. to prepare and issue a patent under that sub- not be forfeited or abandoned. (7) COSTS.—As a condition of the convey- section. (4) ADMINISTRATION.—Nothing in this sec- ance of the Federal land under paragraph (1), (d) MAP AND LEGAL DESCRIPTION.—As soon tion affects or modifies any right of the the County shall pay— as practicable after the date of enactment of

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2147 this Act, the Secretary shall file, and make (1) convey to the owner of a private resi- public recreation or other public purposes available for public inspection in the appro- dence located at 3787 Valhalla Road in Island consistent with uses allowed under the Act priate offices of the Bureau of Land and Park, Idaho (in this section referred to as of June 14, 1926 (commonly known as the Management, the Map and legal descriptions the ‘‘owner’’), all right, title, and interest of ‘‘Recreation and Public Purposes Act’’) (43 of the omitted land to be conveyed under the United States in and to the approxi- U.S.C. 869 et seq.). subsection (b). mately 0.5 acres of Federal land in the (b) DESCRIPTION OF LAND.— SEC. 1010. LAKE FANNIN LAND CONVEYANCE. Henry’s Lake Wilderness Study Area de- (1) IN GENERAL.—The parcel of public land (a) DEFINITIONS.—In this section: scribed as lot 14, section 33, Township 16 referred to in subsection (a) is the approxi- (1) COUNTY.—The term ‘‘County’’ means North, Range 43 East, Boise Meridian, Fre- mately 80-acre parcel identified on the map Fannin County, Texas. mont County, Idaho; and entitled ‘‘Hyde Park Land Conveyance Act’’ (2) MAP.—The term ‘‘map’’ means the map (2) grant Fall River Electric in Ashton, and dated October 23, 2017. entitled ‘‘Lake Fannin Conveyance’’ and Idaho, the right to operate, maintain, and re- (2) AVAILABILITY OF MAP.—The map re- dated November 21, 2013. habilitate a right-of-way encumbering ap- ferred to in paragraph (1) shall be on file and (3) NATIONAL FOREST SYSTEM LAND.—The proximately 0.4 acres of Federal land in the available for public inspection in appropriate term ‘‘National Forest System land’’ means Henry’s Lake Wilderness Study Area de- offices of the Bureau of Land Management. the approximately 2,025 acres of National scribed as lot 15, section 33, Township 16 (c) SURVEY.—The exact acreage and legal Forest System land generally depicted on North, Range 43 East, Boise Meridian, Fre- description of the land to be conveyed under the map. mont County, Idaho, which includes an elec- this section shall be determined by a survey ′ (4) SECRETARY.—The term ‘‘Secretary’’ tric distribution line and access road, 850 in satisfactory to the Secretary. means the Secretary of Agriculture, acting length, 20′ in width. (d) CONVEYANCE COSTS.—As a condition for through the Chief of the Forest Service. (b) CONSIDERATION; CONDITIONS.— the conveyance under this section, all costs (b) LAND CONVEYANCE.— (1) LAND DISPOSAL.—The Secretary shall associated with the conveyance shall be paid (1) IN GENERAL.—Subject to the terms and convey the land under subsection (a)(1) in ac- by the City. conditions described in paragraph (2), if the cordance with section 203 of the Federal SEC. 1014. JUAB COUNTY CONVEYANCE. County submits to the Secretary an offer to Land Policy and Management Act of 1976 (43 (a) DEFINITIONS.—In this section: acquire the National Forest System land for U.S.C. 1713) and part 2711.3–3 of title 43, Code (1) COUNTY.—The term ‘‘County’’ means the fair market value, as determined by the of Federal Regulations. As consideration for Juab County, Utah. appraisal under paragraph (3), the Secretary the conveyance the owner shall pay to the (2) SECRETARY.—The term ‘‘Secretary’’ shall convey the National Forest System Secretary an amount equal to the fair mar- means the Secretary of Agriculture, acting land to the County. ket value as valued by a qualified land ap- through the Chief of the Forest Service. (2) TERMS AND CONDITIONS.—The convey- praisal and approved by the Appraisal and (3) NEPHI WORK CENTER CONVEYANCE PAR- ance under paragraph (1) shall be— Valuation Services Office. CEL.—The term ‘‘Nephi Work Center convey- (A) subject to valid existing rights; (2) RIGHT-OF-WAY.—The Secretary shall ance parcel’’ means the parcel of approxi- (B) made by quitclaim deed; and grant the right-of-way granted under sub- mately 2.17 acres of National Forest System (C) subject to any other terms and condi- section (a)(2) in accordance with section 205 land in the County, located at 740 South tions as the Secretary considers appropriate of the Federal Land Policy and Management Main Street, Nephi, Utah, as depicted as Tax to protect the interests of the United States. Act of 1976 (43 U.S.C. 1715), and part 2800 of Lot Numbers #XA00–0545–1111 and #XA00– (3) APPRAISAL.— title 43, Code of Federal Regulations. 0545–2 on the map entitled ‘‘Nephi Plat B’’ (A) IN GENERAL.—Not later than 180 days (c) ADDITIONAL TERMS AND CONDITIONS.— and dated May 6, 1981. after the date of enactment of this Act, the The Secretary may require such additional (b) CONVEYANCE OF NEPHI WORK CENTER Secretary shall complete an appraisal to de- terms and conditions in connection with the CONVEYANCE PARCEL, JUAB COUNTY, UTAH.— termine the fair market value of the Na- conveyance of the land and the grant of the (1) IN GENERAL.—Not later than 1 year after tional Forest System land. right-of-way under this section as the Sec- the date on which the Secretary receives a (B) STANDARDS.—The appraisal under sub- retary considers appropriate to protect the request from the County and subject to valid paragraph (A) shall be conducted in accord- interests of the United States. existing rights and such terms and condi- ance with— SEC. 1012. CONVEYANCE TO UKPEAGVIK INUPIAT tions as are mutually satisfactory to the (i) the Uniform Appraisal Standards for CORPORATION. Secretary and the County, including such ad- Federal Land Acquisitions; and (a) IN GENERAL.—Not later than 1 year ditional terms as the Secretary determines (ii) the Uniform Standards of Professional after the date of enactment of this Act, sub- to be necessary, the Secretary shall convey Appraisal Practice. ject to valid existing rights, the Secretary to the County without consideration all (4) MAP.— shall convey to the Ukpeagvik Inupiat Cor- right, title, and interest of the United States (A) AVAILABILITY OF MAP.—The map shall poration all right, title, and interest held by in and to the Nephi Work Center conveyance be kept on file and available for public in- the United States in and to sand and gravel parcel. spection in the appropriate office of the For- deposits underlying the surface estate owned (2) COSTS.—Any costs relating to the con- est Service. by the Ukpeagvik Inupiat Corporation with- veyance under paragraph (1), including proc- (B) CORRECTION OF ERRORS.—The Secretary in and contiguous to the Barrow gas fields, essing and transaction costs, shall be paid by may correct minor errors in the map. and more particularly described as follows: the County. (5) CONSIDERATION.—As consideration for (1) T. 21 N. R. 16 W., secs. 7, 17–18, 19–21, and (3) USE OF LAND.—The land conveyed to the the conveyance under paragraph (1), the 28–29, of the Umiat Meridian. County under paragraph (1) shall be used by County shall pay to the Secretary an (2) T. 21 N. R. 17 W., secs. 1–2 and 11–14, of the County— amount equal to the fair market value of the the Umiat Meridian. (A) to house fire suppression and fuels National Forest System land, as determined (3) T. 22 N. R. 18 W., secs. 4, 9, and 29–32, of mitigation personnel; by the appraisal under paragraph (3). the Umiat Meridian. (B) to facilitate fire suppression and fuels (6) SURVEY.—The exact acreage and legal (4) T. 22 N. R. 19 W., secs. 25 and 36, of the mitigation activities; and description of the National Forest System Umiat Meridian. (C) for infrastructure and equipment nec- land to be conveyed under paragraph (1) shall (b) ENTITLEMENT FULFILLED.—The convey- essary to carry out subparagraphs (A) and be determined by a survey satisfactory to ance under this section shall fulfill the enti- (B). the Secretary and the County. tlement granted to the Ukpeagvik Inupiat SEC. 1015. BLACK MOUNTAIN RANGE AND BULL- (7) USE.—As a condition of the conveyance Corporation under section 12(a) of the Alaska HEAD CITY LAND EXCHANGE. under paragraph (1), the County shall agree Native Claims Settlement Act (43 U.S.C. (a) DEFINITIONS.—In this section: to manage the land conveyed under that sub- 1611(a)). (1) CITY.—The term ‘‘City’’ means Bullhead section for public recreational purposes. (c) COMPLIANCE WITH ENDANGERED SPECIES City, Arizona. (8) COSTS OF CONVEYANCE.—As a condition ACT OF 1973.—Nothing in this section affects (2) NON-FEDERAL LAND.—The term ‘‘non- on the conveyance under paragraph (1), the any requirement, prohibition, or exception Federal Land’’ means the approximately County shall pay to the Secretary all costs under the Endangered Species Act of 1973 (16 1,100 acres of land owned by Bullhead City in associated with the conveyance, including U.S.C. 1531 et seq.). the Black Mountain Range generally de- the cost of— SEC. 1013. PUBLIC PURPOSE CONVEYANCE TO picted as ‘‘Bullhead City Land to be Ex- (A) the appraisal under paragraph (3); and CITY OF HYDE PARK, UTAH. changed to BLM’’ on the Map. (B) the survey under paragraph (6). (a) IN GENERAL.—Notwithstanding the land (3) MAP.—The term ‘‘Map’’ means the map SEC. 1011. LAND CONVEYANCE AND UTILITY use planning requirement of sections 202 and entitled ‘‘Bullhead City Land Exchange’’ and RIGHT-OF-WAY, HENRY’S LAKE WIL- 203 of the Federal Land Policy and Manage- dated August 24, 2018. DERNESS STUDY AREA, IDAHO. ment Act of 1976 (43 U.S.C. 1712, 1713), on (4) FEDERAL LAND.—The term ‘‘Federal (a) CONVEYANCE AND RIGHT-OF-WAY AU- written request by the City of Hyde Park, land’’ means the approximately 345.2 acres of THORIZED.—Notwithstanding section 603(c) of Utah (referred to in this section as the land in Bullhead City, Arizona, generally de- the Federal Land Policy and Management ‘‘City’’), the Secretary shall convey, without picted as ‘‘Federal Land to be exchanged to Act of 1976 (43 U.S.C. 1782(c)), the Secretary consideration, to the City the parcel of pub- Bullhead City’’ on the Map. may— lic land described in subsection (b)(1) for (b) LAND EXCHANGE.—

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2148 CONGRESSIONAL RECORD — HOUSE February 26, 2019

(1) IN GENERAL.—If after December 15, 2020, (2) CONFLICT.—If there is a conflict between (i) deposited in the fund established under the City offers to convey to the Secretary all a map, an acreage estimate, or a description Public Law 90–171 (commonly known as the right, title, and interest of the City in and to of land under this section, the map shall con- ‘‘Sisk Act’’; 16 U.S.C. 484a); and the non-Federal land, the Secretary shall ac- trol unless the Secretary and the City mutu- (ii) made available to the Secretary for the cept the offer and simultaneously convey to ally agree otherwise. acquisition of land or interests in land in Re- the City all right, title, and interest of the (3) AVAILABILITY.—The Secretary shall file gion 3 of the Forest Service. United States in and to the Federal land. and make available for public inspection in (C) SURPLUS OF NON-FEDERAL LAND (2) LAND TITLE.—Title to the non-Federal the Arizona headquarters of the Bureau of VALUE.—If the final appraised value of the land conveyed to the Secretary under this Land Management a copy of all maps re- non-Federal land exceeds the final appraised section shall be in a form acceptable to the ferred to in this section. value of the Federal land, the United States Secretary and shall conform to the title ap- SEC. 1016. COTTONWOOD LAND EXCHANGE. shall not make a cash equalization payment proval standards of the Attorney General of (a) DEFINITIONS.—In this section: to the County, and surplus value of the non- the United States applicable to land acquisi- (1) COUNTY.—The term ‘‘County’’ means Federal land shall be considered a donation tions by the Federal Government. Yavapai County, Arizona. by the County to the United States for all (3) EXCHANGE COSTS.—The City shall pay (2) FEDERAL LAND.—The term ‘‘Federal purposes of law. for all land survey, appraisal, and other costs land’’ means all right, title, and interest of (d) WITHDRAWAL PROVISIONS.—Lands ac- to the Secretary as may be necessary to the United States in and to approximately 80 quired by the Secretary under this section process and consummate the exchange under acres of land within the Coconino National are, upon such acquisition, automatically this section. Forest, in Yavapai County, Arizona, gen- and permanently withdrawn from all forms (c) EQUAL VALUE EXCHANGE AND APPRAIS- of appropriation and disposal under the pub- erally depicted as ‘‘Coconino National Forest ALS.— lic land laws (including the mining and min- Parcels ‘Federal Land’ ’’ on the map. (1) APPRAISALS.—The values of the lands to eral leasing laws) and the Geothermal Steam (3) MAP.—The term ‘‘map’’ means the map be exchanged under this section shall be de- Act of 1930 (30 U.S.C. 1001 et seq.). entitled ‘‘Cottonwood Land Exchange’’, with termined by the Secretary through apprais- (e) MANAGEMENT OF LAND.—Land acquired als performed— the revision date July 5, 2018\Version 1. by the Secretary under this section shall be- (A) in accordance with— (4) NON-FEDERAL LAND.—The term ‘‘non- come part of the Coconino National Forest (i) the Uniform Appraisal Standards for Federal land’’ means the approximately 369 and be managed in accordance with the laws, Federal Land Acquisitions; acres of land in Yavapai County, Arizona, rules, and regulations applicable to the Na- (ii) the Uniform Standards of Professional generally depicted as ‘‘Yavapai County Par- tional Forest System. Appraisal Practice; and cels ‘Non-Federal Land’ ’’ on the map. (f) MAPS, ESTIMATES, AND DESCRIPTIONS.— (iii) appraisal instructions issued by the (5) SECRETARY.—The term ‘‘Secretary’’ (1) MINOR ERRORS.—The Secretary and the Secretary; and means the Secretary of Agriculture, unless County may, by mutual agreement— (B) by an appraiser mutually agreed to by otherwise specified. (A) make minor boundary adjustments to the Secretary and the City. (b) LAND EXCHANGE.— the Federal and non-Federal lands involved (1) IN GENERAL.—If the County offers to (2) EQUAL VALUE EXCHANGE.—The values of in the exchange; and the Federal and non-Federal land parcels ex- convey to the Secretary all right, title, and (B) correct any minor errors in any map, changed shall be equal, or if they are not interest of the County in and to the non-Fed- acreage estimate, or description of any land equal, shall be equalized as follows: eral land, the Secretary shall accept the to be exchanged. offer and simultaneously convey to the (A) SURPLUS OF FEDERAL LAND VALUE.—If (2) CONFLICT.—If there is a conflict between the final appraised value of the Federal land County all right, title, and interest of the a map, an acreage estimate, or a description exceeds the final appraised value of the non- United States to the Federal land. of land under this section, the map shall con- Federal land, the City shall reduce the (2) LAND TITLE.—Title to the non-Federal trol unless the Secretary and the County amount of land it is requesting from the Fed- land conveyed to the Secretary under this mutually agree otherwise. eral Government in order to create an equal section shall be acceptable to the Secretary (3) AVAILABILITY.—The Secretary shall file value in accordance with section 206(b) of the and shall conform to the title approval and make available for public inspection in Federal Land Policy and Management Act of standards of the Attorney General of the the headquarters of the Coconino National 1976 (43 U.S.C. 1716(b)). Land that is not ex- United States applicable to land acquisitions Forest a copy of all maps referred to in this changed because of equalization under this by the Federal Government. section. subparagraph shall remain subject to lease (3) EXCHANGE COSTS.—The County shall pay SEC. 1017. EMBRY-RIDDLE TRI-CITY LAND EX- under the Act of June 14, 1926 (commonly for all land survey, appraisal, and other costs CHANGE. known as the ‘‘Recreation and Public Pur- to the Secretary as may be necessary to (a) DEFINITIONS.—In this section: poses Act’’) (44 Stat. 741, chapter 578; 43 process and consummate the exchange under (1) NON-FEDERAL LAND.—The term ‘‘non- U.S.C. 869 et seq.). this section, including reimbursement to the Federal land’’ means the approximately 16- Secretary, if the Secretary so requests, for (B) USE OF FUNDS.—Any cash equalization acre parcel of University land identified in moneys received by the Secretary under sub- staff time spent in such processing and con- section 3(a) of Public Law 105–363 (112 Stat. paragraph (A) shall be— summation. 3297). (i) deposited in the Federal Land Disposal (c) EQUAL VALUE EXCHANGE AND APPRAIS- (2) UNIVERSITY.—The term ‘‘University’’ Account established by section 206(a) of the ALS.— means Embry-Riddle Aeronautical Univer- Federal Land Transaction Facilitation Act (1) APPRAISALS.—The values of the lands to sity, Florida. (43 U.S.C. 2305(a)); and be exchanged under this section shall be de- (b) CONVEYANCE OF FEDERAL REVERSIONARY (ii) used in accordance with that Act (43 termined by the Secretary through apprais- INTEREST IN LAND LOCATED IN THE COUNTY OF U.S.C. 2301 et seq.). als performed— YAVAPAI, ARIZONA.— (A) in accordance with— (1) IN GENERAL.—Notwithstanding any (C) SURPLUS OF NON-FEDERAL LAND (i) the Uniform Appraisal Standards for other provision of law, if after the comple- VALUE.—If the final appraised value of the non-Federal land exceeds the final appraised Federal Land Acquisitions; tion of the appraisal required under sub- value of the Federal land, the United States (ii) the Uniform Standards of Professional section (c), the University submits to the shall not make a cash equalization payment Appraisal Practice; and Secretary an offer to acquire the rever- to the City, and surplus value of the non- (iii) appraisal instructions issued by the sionary interests of the United States in and Federal land shall be considered a donation Secretary; and to the non-Federal land, the Secretary shall by the City to the United States for all pur- (B) by an appraiser mutually agreed to by convey to the University the reversionary poses of law. the Secretary and the County. interests of the United States in and to the (d) WITHDRAWAL PROVISIONS.—Lands ac- (2) EQUAL VALUE EXCHANGE.—The values of non-Federal land for the purpose of quired by the Secretary under this section the Federal and non-Federal land parcels ex- unencumbering the title to the non-Federal are, upon such acquisition, automatically changed shall be equal, or if they are not land to enable economic development of the and permanently withdrawn from all forms equal, shall be equalized as follows: non-Federal land. of appropriation and disposal under the pub- (A) SURPLUS OF FEDERAL LAND VALUE.—If (2) LEGAL DESCRIPTIONS.—As soon as prac- lic land laws (including the mining and min- the final appraised value of the Federal land ticable after the date of enactment of this eral leasing laws) and the Geothermal Steam exceeds the final appraised value of the non- Act, the exact legal description of the non- Act of 1930 (30 U.S.C. 1001 et seq.). Federal land, the County shall make a cash Federal land shall be determined in a man- (e) MAPS, ESTIMATES, AND DESCRIPTIONS.— equalization payment to the United States ner satisfactory to the Secretary. (1) MINOR ERRORS.—The Secretary and the as necessary to achieve equal value, includ- (3) ADDITIONAL TERMS AND CONDITIONS.— City may, by mutual agreement— ing, if necessary, an amount in excess of that The Secretary may require such additional (A) make minor boundary adjustments to authorized pursuant to section 206(b) of the terms and conditions to the conveyance the Federal and non-Federal lands involved Federal Land Policy and Management Act of under paragraph (1), consistent with this sec- in the exchange; and 1976 (43 U.S.C. 1716(b)). tion, as the Secretary considers appropriate (B) correct any minor errors in any map, (B) USE OF FUNDS.—Any cash equalization to protect the interests of the United States. acreage estimate, or description of any land moneys received by the Secretary under sub- (4) COSTS.—The University shall pay all to be exchanged. paragraph (A) shall be— costs associated with the conveyance under

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2149 paragraph (1), including the costs of the ap- flowing river, and the great outdoors, with (A) creates any protective perimeter or praisal required under subsection (c), the visitors from all over the United States and buffer zone around the Special Management costs of any surveys, recording costs, and the world; Area; or other reasonable costs. (5) Frank Moore has spent most of his life (B) modifies the applicable travel manage- (c) APPRAISAL.— fishing the vast rivers of Oregon, during ment plan for the Special Management Area. (1) IN GENERAL.—Not later than 180 days which time he has contributed significantly (6) WILDFIRE MANAGEMENT.—Nothing in after the date of enactment of this Act, the to efforts to conserve fish habitats and pro- this section prohibits the Secretary, in co- Secretary shall complete an appraisal of the tect river health, including serving on the operation with other Federal, State, and reversionary interests of the United States State of Oregon Fish and Wildlife Commis- local agencies, as appropriate, from con- in and to the non-Federal land. sion; ducting wildland fire operations in the Spe- (2) APPLICABLE LAW.—The appraisal shall (6) Frank Moore has been recognized for cial Management Area, consistent with the be completed in accordance with— his conservation work with the National purposes of this section, including the use of (A) the Uniform Appraisal Standards for Wildlife Federation Conservationist of the aircraft, machinery, mechanized equipment, Federal Land Acquisitions; and Year award, the Wild Steelhead Coalition fire breaks, backfires, and retardant. (B) the Uniform Standards of Professional Conservation Award, and his 2010 induction (7) VEGETATION MANAGEMENT.—Nothing in Appraisal Practice. into the Fresh Water Fishing Hall of Fame; this section prohibits the Secretary from (d) CONSIDERATION.— and conducting vegetation management projects (1) IN GENERAL.—As consideration for the (7) in honor of the many accomplishments within the Special Management Area in a conveyance of the reversionary interests of of Frank Moore, both on and off the river, manner consistent with— the United States in and to the non-Federal approximately 99,653 acres of Forest Service (A) the purposes described in paragraph (3); land under this section, the University shall land in the State of Oregon should be des- and pay to the Secretary an amount equal to the ignated as the ‘‘Frank and Jeanne Moore (B) the applicable forest plan. appraised value of the interests of the United Wild Steelhead Special Management Area’’. (8) PROTECTION OF TRIBAL RIGHTS.—Nothing States, as determined under subsection (c). (b) DEFINITIONS.—In this section: in this section diminishes any treaty rights (1) MAP.—The term ‘‘Map’’ means the map (2) DEPOSIT; USE.—Amounts received under of an Indian Tribe. entitled ‘‘Frank Moore Wild Steelhead Spe- paragraph (1) shall be— (9) WITHDRAWAL.—Subject to valid existing (A) deposited in the Federal Land Disposal cial Management Area Designation Act’’ and rights, the Federal land within the bound- Account established by section 206(a) of the dated June 23, 2016. aries of the Special Management Area river (2) SECRETARY.—The term ‘‘Secretary’’ Federal Land Transaction Facilitation Act segments designated by paragraph (1) is means the Secretary of Agriculture, acting (43 U.S.C. 2305(a)); and withdrawn from all forms of— through the Chief of the Forest Service. (B) used in accordance with that Act (43 (A) entry, appropriation, or disposal under (3) SPECIAL MANAGEMENT AREA.—The term U.S.C. 2301 et seq.). the public land laws; ‘‘Special Management Area’’ means the (B) location, entry, and patent under the Subtitle B—Public Land and National Forest Frank and Jeanne Moore Wild Steelhead mining laws; and System Management Special Management Area designated by sub- (C) disposition under all laws relating to SEC. 1101. BOLTS DITCH ACCESS. section (c)(1). mineral and geothermal leasing or mineral (a) ACCESS GRANTED.—The Secretary of Ag- (4) STATE.—The term ‘‘State’’ means the materials. riculture shall permit by special use author- State of Oregon. ization nonmotorized access and use, in ac- (c) FRANK AND JEANNE MOORE WILD SEC. 1104. MAINTENANCE OR REPLACEMENT OF cordance with section 293.6 of title 36, Code STEELHEAD SPECIAL MANAGEMENT AREA, OR- FACILITIES AND STRUCTURES AT SMITH GULCH. of Federal Regulations, of the Bolts Ditch EGON.— The authorization of the Secretary of Agri- Headgate and the Bolts Ditch within the (1) DESIGNATION.—The approximately 99,653 culture to maintain or replace facilities or Holy Cross Wilderness, Colorado, as des- acres of Forest Service land in the State, as structures for commercial recreation serv- ignated by Public Law 96–560 (94 Stat. 3265), generally depicted on the Map, is designated ices at Smith Gulch under section 3(a)(24)(D) for the purposes of the diversion of water and as the ‘‘Frank and Jeanne Moore Wild of the Wild and Scenic Rivers Act (16 U.S.C. use, maintenance, and repair of such ditch Steelhead Special Management Area’’. 1274(a)(24)(D))— and headgate by the Town of Minturn, Colo- (2) MAP; LEGAL DESCRIPTION.— (1) may include improvements or replace- rado, a Colorado Home Rule Municipality. (A) IN GENERAL.—As soon as practicable ments that the Secretary of Agriculture de- (b) LOCATION OF FACILITIES.—The Bolts after the date of enactment of this Act, the termines— Ditch headgate and ditch segment referenced Secretary shall prepare a map and legal de- (A) are consistent with section 9(b) of the in subsection (a) are as generally depicted on scription of the Special Management Area. Central Idaho Wilderness Act of 1980 (16 the map entitled ‘‘Bolts Ditch headgate and (B) FORCE OF LAW.—The map and legal de- U.S.C. 1281 note; Public Law 96–312); and Ditch Segment’’ and dated November 2015. scription prepared under subparagraph (A) shall have the same force and effect as if in- (B) would reduce the impact of the com- SEC. 1102. CLARIFICATION RELATING TO A CER- mercial recreation facilities or services on TAIN LAND DESCRIPTION UNDER cluded in this section, except that the Sec- THE NORTHERN ARIZONA LAND EX- retary may correct clerical and typo- wilderness or wild and scenic river resources CHANGE AND VERDE RIVER BASIN graphical errors in the map and legal de- and values; and PARTNERSHIP ACT OF 2005. scription. (2) authorizes the Secretary of Agriculture Section 104(a)(5) of the Northern Arizona (C) AVAILABILITY.—The map and legal de- to consider including, as appropriate— Land Exchange and Verde River Basin Part- scription prepared under subparagraph (A) (A) hydroelectric generators and associ- nership Act of 2005 (Public Law 109–110; 119 shall be on file and available for public in- ated electrical transmission facilities; Stat. 2356) is amended by inserting before the spection in the appropriate offices of the (B) water pumps for fire suppression; period at the end ‘‘, which, notwithstanding Forest Service. (C) transitions from propane to electrical section 102(a)(4)(B), includes the N1⁄2 NE1⁄4 (3) ADMINISTRATION.—Subject to valid ex- lighting; SW1⁄4 SW1⁄4, the N1⁄2 N1⁄2 SE1⁄4 SW1⁄4, and the isting rights, the Special Management Area (D) solar energy systems; N1⁄2 N1⁄2 SW1⁄4 SE1⁄4, sec. 34, Township 22 shall be administered by the Secretary— (E) 6-volt or 12-volt battery banks for North, Range 2 East, Gila and Salt River Me- (A) in accordance with all laws (including power storage; and ridian, Coconino County, Arizona, com- regulations) applicable to the National For- (F) other improvements or replacements prising approximately 25 acres’’. est System; and which are consistent with this section that SEC. 1103. FRANK AND JEANNE MOORE WILD (B) in a manner that— the Secretary of Agriculture determines ap- STEELHEAD SPECIAL MANAGEMENT (i) conserves and enhances the natural propriate. AREA. character, scientific use, and the botanical, SEC. 1105. REPEAL OF PROVISION LIMITING THE (a) FINDINGS.—Congress finds that— recreational, ecological, fish and wildlife, EXPORT OF TIMBER HARVESTED (1) Frank Moore has committed his life to scenic, drinking water, and cultural values FROM CERTAIN KAKE TRIBAL COR- family, friends, his country, and fly fishing; of the Special Management Area; PORATION LAND. (2) Frank Moore is a World War II veteran (ii) maintains and seeks to enhance the Section 42 of the Alaska Native Claims who stormed the beaches of Normandy along wild salmonid habitat of the Special Man- Settlement Act (43 U.S.C. 1629h) is amend- with 150,000 troops during the D-Day Allied agement Area; ed— invasion and was awarded the Chevalier of (iii) maintains or enhances the watershed (1) by striking subsection (h); the French Legion of Honor for his bravery; as a thermal refuge for wild salmonids; and (2) by redesignating subsection (i) as sub- (3) Frank Moore returned home after the (iv) preserves opportunities for recreation, section (h); and war, started a family, and pursued his pas- including primitive recreation. (3) in subsection (h) (as so redesignated), in sion of fishing on the winding rivers in Or- (4) FISH AND WILDLIFE.—Nothing in this the first sentence, by striking ‘‘and to pro- egon; section affects the jurisdiction or respon- vide’’ and all that follows through ‘‘sub- (4) as the proprietor of the Steamboat Inn sibilities of the State with respect to fish section (h)’’. along the North Umpqua River in Oregon for and wildlife in the State. SEC. 1106. DESIGNATION OF FOWLER AND nearly 20 years, Frank Moore, along with his (5) ADJACENT MANAGEMENT.—Nothing in BOSKOFF PEAKS. wife Jeanne, shared his love of fishing, the this section— (a) DESIGNATION OF FOWLER PEAK.—

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(1) IN GENERAL.—The 13,498-foot mountain (A) include the value of any appurtenant paragraph by inserting after ‘‘purchaser peak, located at 37.8569° N, by ¥108.0117° W, in easements; and thereof’’ the following: ‘‘, and that extrac- the Uncompahgre National Forest in the (B) exclude the value of any private im- tion of helium from gas produced from such State of Colorado, shall be known and des- provements made by a permittee of the prop- lands shall maintain the lease as if the ex- ignated as ‘‘Fowler Peak’’. erty before the date of appraisal. tracted helium were oil and gas’’. (2) REFERENCES.—Any reference in a law, (2) STANDARDS.—An appraisal under para- SEC. 1110. SMALL MINER WAIVERS TO CLAIM map, regulation, document, paper, or other graph (1) shall be conducted in accordance MAINTENANCE FEES. record of the United States to the peak de- with— (a) DEFINITIONS.—In this section: scribed in paragraph (1) shall be deemed to (A) the Uniform Appraisal Standards for (1) COVERED CLAIMHOLDER.—The term ‘‘cov- be a reference to ‘‘Fowler Peak’’. Federal Land Acquisitions, established in ac- ered claimholder’’ means— (b) DESIGNATION OF BOSKOFF PEAK.— cordance with the Uniform Relocation As- (A) the claimholder of the claims in the (1) IN GENERAL.—The 13,123-foot mountain sistance and Real Property Acquisition Poli- State numbered AA023149, AA023163, peak, located at 37.85549° N, by ¥108.03112° W, cies Act of 1970 (42 U.S.C. 4601 et seq.); and AA047913, AA047914, AA047915, AA047916, in the Uncompahgre National Forest in the (B) the Uniform Standards of Professional AA047917, AA047918, and AA047919 (as of De- State of Colorado, shall be known and des- Appraisal Practice. cember 29, 2004); ignated as ‘‘Boskoff Peak’’. (f) COSTS.—The Secretary shall pay— (B) the claimholder of the claim in the (2) REFERENCES.—Any reference in a law, (1) the cost of a conveyance of a property State numbered FF–059315 (as of December map, regulation, document, paper, or other under this section; and 29, 2004); record of the United States to the peak de- (2) the cost of an appraisal under sub- (C) the claimholder of the claims in the scribed in paragraph (1) shall be deemed to section (e). State numbered FF–58607, FF–58608, FF– be a reference to ‘‘Boskoff Peak’’. (g) PROCEEDS FROM THE SALE OF LAND.— 58609, FF–58610, FF–58611, FF–58613, FF–58615, SEC. 1107. CORONADO NATIONAL FOREST LAND Any payment received by the Secretary from FF–58616, FF–58617, and FF–58618 (as of De- CONVEYANCE. the sale of property under this section shall cember 31, 2003); and (a) DEFINITIONS.—In this section: be deposited in the fund established under (D) the claimholder of the claims in the (1) PERMITTEE.— Public Law 90–171 (commonly known as the State numbered FF–53988, FF–53989, and FF– (A) IN GENERAL.—The term ‘‘permittee’’ ‘‘Sisk Act’’) (16 U.S.C. 484a) and shall be 53990 (as of December 31, 1987). means a person who, on the date of enact- available to the Secretary until expended for (2) DEFECT.—The term ‘‘defect’’ includes a ment of this Act, holds a valid permit for use the acquisition of inholdings in national for- failure— of a property. ests in the State of Arizona. (A) to timely file— (h) MAPS AND LEGAL DESCRIPTIONS.— (B) INCLUSIONS.—The term ‘‘permittee’’ in- (i) a small miner maintenance fee waiver (1) IN GENERAL.—As soon as practicable cludes any heirs, executors, and assigns of application; after the date of enactment of this Act, the the permittee or interest of the permittee. (ii) an affidavit of annual labor associated Secretary shall file maps and legal descrip- (2) PROPERTY.—The term ‘‘property’’ with a small miner maintenance fee waiver tions of each property. means— application; or (2) FORCE OF LAW.—The maps and legal de- (A) the approximately 1.1 acres of National (iii) an instrument required under section scriptions filed under paragraph (1) shall Forest System land in sec. 8, T. 10 S., R. 16 314(a) of the Federal Land Policy and Man- have the same force and effect as if included E., Gila and Salt River Meridian, as gen- agement Act of 1976 (43 U.S.C. 1744(a)); and in this section, except that the Secretary erally depicted on the map entitled ‘‘Coro- (B) to pay the required application fee for may correct typographical errors in the nado National Forest Land Conveyance Act a small maintenance fee waiver application. of 2017’’, special use permit numbered maps and legal descriptions. (3) STATE.—The term ‘‘State’’ means the (3) PUBLIC AVAILABILITY.—The maps and SAN5005–03, and dated October 2017; State of Alaska. (B) the approximately 4.5 acres of National legal descriptions filed under paragraph (1) (b) TREATMENT OF COVERED Forest System land in sec. 8, T. 10 S., R. 16 shall be on file and available for public in- CLAIMHOLDERS.—Notwithstanding section spection in the office of the Supervisor of the E., Gila and Salt River Meridian, as gen- 10101(d) of the Omnibus Budget Reconcili- Coronado National Forest. erally depicted on the map entitled ‘‘Coro- ation Act of 1993 (30 U.S.C. 28f(d)) and section nado National Forest Land Conveyance Act SEC. 1108. DESCHUTES CANYON-STEELHEAD 314(c) of the Federal Land Policy and Man- of 2017’’, special use permit numbered FALLS WILDERNESS STUDY AREA BOUNDARY ADJUSTMENT, OREGON. agement Act of 1976 (43 U.S.C. 1744(c)), each SAN5116–03, and dated October 2017; and covered claimholder shall, during the 60-day (C) the approximately 3.9 acres of National (a) BOUNDARY ADJUSTMENT.—The boundary of the Deschutes Canyon-Steelhead Falls period beginning on the date on which the Forest System land in NW1⁄4, sec. 1, T. 10 S., Wilderness Study Area is modified to exclude covered claimholder receives written notifi- R. 15 E., Gila and Salt River Meridian, as cation from the Bureau of Land Management generally depicted on the map entitled approximately 688 acres of public land, as de- picted on the map entitled ‘‘Deschutes Can- by registered mail of the opportunity, have ‘‘Coronado National Forest Land Conveyance the opportunity— Act of 2017’’, special use permit numbered yon-Steelhead Falls Wilderness Study Area (WSA) Proposed Boundary Adjustment’’ and (1)(A) to cure any defect in a small miner SAN5039–02, and dated October 2017. maintenance fee waiver application (includ- (3) SECRETARY.—The term ‘‘Secretary’’ dated September 26, 2018. (b) EFFECT OF EXCLUSION.— ing the failure to timely file a small miner means the Secretary of Agriculture. maintenance fee waiver application) for any (b) SALE.— (1) IN GENERAL.—The public land excluded prior period during which the defect existed; (1) IN GENERAL.—Subject to valid existing from the Deschutes Canyon-Steelhead Falls or rights, during the period described in para- Wilderness Study Area under subsection (B) to pay any claim maintenance fees due graph (2), not later than 90 days after the (a)— for any prior period during which the defect date on which a permittee submits a request (A) is no longer subject to section 603(c) of existed; and to the Secretary, the Secretary shall— the Federal Land Policy and Management (2) to cure any defect in the filing of any (A) accept tender of consideration from Act of 1976 (43 U.S.C. 1782(c)); and instrument required under section 314(a) of that permittee; and (B) shall be managed in accordance with— the Federal Land Policy and Management (B) sell and quitclaim to that permittee all (i) this section; Act of 1976 (43 U.S.C. 1744(a)) (including the right, title, and interest of the United States (ii) the Federal Land Policy and Manage- failure to timely file any required instru- in and to the property for which the per- ment Act of 1976 (43 U.S.C. 1701 et seq.); and ment) for any prior period during which the mittee holds a permit. (iii) any applicable resource management defect existed. (2) PERIOD DESCRIBED.—The period referred plan. (c) REINSTATEMENT OF CLAIMS DEEMED FOR- to in paragraph (1) is the period beginning on (2) MANAGEMENT.—The Secretary shall FEITED.—The Secretary shall reinstate any the date of enactment of this Act and ending manage the land excluded from the claim of a covered claimholder as of the date on the date of expiration of the applicable Deschutes Canyon-Steelhead Falls Wilder- declared forfeited and void— permit. ness Study Area under subsection (a) to im- (1) under section 10104 of the Omnibus (c) TERMS AND CONDITIONS.—The Secretary prove fire resiliency and forest health, in- may establish such terms and conditions on cluding the conduct of wildfire prevention Budget Reconciliation Act of 1993 (30 U.S.C. the sales of the properties under this section and response activities, as appropriate. 28i) for failure to pay the claim maintenance as the Secretary determines to be in the pub- (3) OFF-ROAD RECREATIONAL MOTORIZED fee or obtain a valid waiver under section lic interest. USE.—The Secretary shall not permit off- 10101 of the Omnibus Budget Reconciliation (d) CONSIDERATION.—A sale of a property road recreational motorized use on the pub- Act of 1993 (30 U.S.C. 28f); or under this section shall be for cash consider- lic land excluded from the Deschutes Can- (2) under section 314(c) of the Federal Land ation equal to the market value of the prop- yon-Steelhead Falls Wilderness Study Area Policy and Management Act of 1976 (43 erty, as determined by the appraisal de- under subsection (a). U.S.C. 1744(c)) for failure to file any instru- scribed in subsection (e). SEC. 1109. MAINTENANCE OF FEDERAL MINERAL ment required under section 314(a) of that (e) APPRAISAL.— LEASES BASED ON EXTRACTION OF Act (43 U.S.C. 1744(a)) for any prior period (1) IN GENERAL.—The Secretary shall com- HELIUM. during which the defect existed if the cov- plete an appraisal of each property, which The first section of the Mineral Leasing ered claimholder— shall— Act (30 U.S.C. 181) is amended in the fifth (A) cures the defect; or

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SAINT FRANCIS DAM DISASTER NA- implementing the management plan, the (A) the Bureau of Land Management map TIONAL MEMORIAL AND NATIONAL Secretary shall, with respect to methods of entitled ‘‘North Fork Owyhee, Pole Creek, MONUMENT. protecting and providing access to the Monu- and Owyhee River Wilderness Aerial’’ and (a) DEFINITIONS.—In this section: ment, consider the recommendations of the dated July 19, 2016; (1) MEMORIAL.—The term ‘‘Memorial’’ Saint Francis Disaster National Memorial (B) the Bureau of Land Management map means the Saint Francis Dam Disaster Na- Foundation, the Santa Clarita Valley Histor- entitled ‘‘Owyhee River Wilderness Kincaid tional Memorial authorized under subsection ical Society, and the Community Hiking Reservoir Zoom Aerial’’ and dated July 19, (b)(1). Club of Santa Clarita. 2016; and (2) MONUMENT.—The term ‘‘Monument’’ (2) MANAGEMENT.—The Secretary shall (C) the Bureau of Land Management map means the Saint Francis Dam Disaster Na- manage the Monument— entitled ‘‘Owyhee River Wilderness tional Monument established by subsection (A) in a manner that conserves and en- Dickshooter Road Zoom Aerial’’ and dated (d)(1). hances the cultural and historic resources of July 19, 2016. (3) SECRETARY.—The term ‘‘Secretary’’ the Monument; and (3) POLE CREEK WILDERNESS.—The boundary means the Secretary of Agriculture. (B) in accordance with— of the Pole Creek Wilderness established by (4) STATE.—The term ‘‘State’’ means the (i) the Forest and Rangeland Renewable section 1503(a)(1)(F) of the Omnibus Public State of California. Resources Planning Act of 1974 (16 U.S.C. 1600 Land Management Act of 2009 (Public Law (b) SAINT FRANCIS DAM DISASTER NATIONAL et seq.); 111–11; 123 Stat. 1033) is modified to exclude MEMORIAL.— (ii) the laws generally applicable to the certain land, as depicted on— (1) ESTABLISHMENT.—The Secretary may National Forest System; (A) the Bureau of Land Management map establish a memorial at the Saint Francis (iii) this section; and entitled ‘‘North Fork Owyhee, Pole Creek, Dam site in the county of Los Angeles, Cali- (iv) any other applicable laws. and Owyhee River Wilderness Aerial’’ and fornia, for the purpose of honoring the vic- (3) USES.— dated July 19, 2016; and tims of the Saint Francis Dam disaster of (A) USE OF MOTORIZED VEHICLES.—The use (B) the Bureau of Land Management map March 12, 1928. of motorized vehicles within the Monument entitled ‘‘Pole Creek Wilderness Pullout (2) REQUIREMENTS.—The Memorial shall may be permitted only— Zoom Aerial’’ and dated July 19, 2016. be— (i) on roads designated for use by motor- (b) MAPS.— (A) known as the ‘‘Saint Francis Dam Dis- ized vehicles in the management plan re- (1) EFFECT.—The maps referred to in sub- aster National Memorial’’; and quired under paragraph (1); section (a) shall have the same force and ef- (B) managed by the Forest Service. (ii) for administrative purposes; or fect as if included in this Act, except that (3) DONATIONS.—The Secretary may accept, (iii) for emergency responses. the Secretary may correct minor errors in hold, administer, invest, and spend any gift, (B) GRAZING.—The Secretary shall permit the maps. devise, or bequest of real or personal prop- grazing within the Monument, where estab- (2) AVAILABILITY.—The maps referred to in erty made to the Secretary for purposes of lished before the date of enactment of this subsection (a) shall be available in the ap- developing, designing, constructing, and Act— propriate offices of the Bureau of Land Man- managing the Memorial. (i) subject to all applicable laws (including agement. (c) RECOMMENDATIONS FOR MEMORIAL.— regulations and Executive orders); and SEC. 1113. CHUGACH REGION LAND STUDY. (1) IN GENERAL.—Not later than 3 years (ii) consistent with the purpose described (a) DEFINITIONS.—In this section: after the date of enactment of this Act, the in subsection (d)(2). (1) CAC.—The term ‘‘CAC’’ means the Chu- Secretary shall submit to Congress rec- (4) NO BUFFER ZONES.— gach Alaska Corporation. ommendations regarding— (A) IN GENERAL.—Nothing in this section (2) CAC LAND.—The term ‘‘CAC land’’ (A) the planning, design, construction, and creates a protective perimeter or buffer zone means land conveyed to CAC pursuant to the long-term management of the Memorial; around the Monument. Alaska Native Claims Settlement Act (43 (B) the proposed boundaries of the Memo- (B) ACTIVITIES OUTSIDE NATIONAL MONU- U.S.C. 1601 et seq.) under which— rial; MENT.—The fact that an activity or use on (A) both the surface estate and the sub- (C) a visitor center and educational facili- land outside the Monument can be seen or surface estate were conveyed to CAC; or ties at the Memorial; and heard within the Monument shall not pre- (B)(i) the subsurface estate was conveyed (D) ensuring public access to the Memo- clude the activity or use outside the bound- to CAC; and rial. ary of the Monument. (ii) the surface estate or a conservation (2) CONSULTATION.—In preparing the rec- (f) CLARIFICATION ON FUNDING.— easement in the surface estate was acquired ommendations required under paragraph (1), (1) USE OF EXISTING FUNDS.—This section by the State or by the United States as part the Secretary shall consult with— shall be carried out using amounts otherwise of the program. (A) appropriate Federal agencies; made available to the Secretary. (3) PROGRAM.—The term ‘‘program’’ means (B) State, Tribal, and local governments, (2) NO ADDITIONAL FUNDS.—No additional the Habitat Protection and Acquisition Pro- including the Santa Clarita City Council; funds are authorized to be appropriated to gram of the Exxon Valdez Oil Spill Trustee and carry out this section. Council. (C) the public. (g) EFFECT.—Nothing in this section affects (4) REGION.—The term ‘‘Region’’ means the (d) ESTABLISHMENT OF SAINT FRANCIS DAM the operation, maintenance, replacement, or Chugach Region, Alaska. DISASTER NATIONAL MONUMENT.— modification of existing water resource, (5) STUDY.—The term ‘‘study’’ means the (1) ESTABLISHMENT.—There is established flood control, utility, pipeline, or tele- study conducted under subsection (b)(1). as a national monument in the State certain communications facilities that are located (b) CHUGACH REGION LAND EXCHANGE National Forest System land administered outside the boundary of the Monument, sub- STUDY.— by the Secretary in the county of Los Ange- ject to the special use authorities of the Sec- (1) IN GENERAL.—Not later than 1 year after les, California, comprising approximately 353 retary of Agriculture and other applicable the date of enactment of this Act, the Sec- acres, as generally depicted on the map enti- laws. retary, in coordination with the Secretary of tled ‘‘Proposed Saint Francis Dam Disaster SEC. 1112. OWYHEE WILDERNESS AREAS BOUND- Agriculture and in consultation with CAC, National Monument’’ and dated September ARY MODIFICATIONS. shall conduct a study of land ownership and 12, 2018, to be known as the ‘‘Saint Francis (a) BOUNDARY MODIFICATIONS.— use patterns in the Region. Dam Disaster National Monument’’. (1) NORTH FORK OWYHEE WILDERNESS.—The (2) STUDY REQUIREMENTS.—The study (2) PURPOSE.—The purpose of the Monu- boundary of the North Fork Owyhee Wilder- shall— ment is to conserve and enhance for the ben- ness established by section 1503(a)(1)(D) of (A) assess the social and economic impacts efit and enjoyment of the public the cul- the Omnibus Public Land Management Act of the program, including impacts caused by tural, archaeological, historical, watershed, of 2009 (Public Law 111–11; 123 Stat. 1033) is split estate ownership patterns created by educational, and recreational resources and modified to exclude certain land, as depicted Federal acquisitions under the program, on— values of the Monument. on— (i) the Region; and (e) DUTIES OF THE SECRETARY WITH RE- (A) the Bureau of Land Management map (ii) CAC and CAC land; SPECT TO MONUMENT.— entitled ‘‘North Fork Owyhee and Pole Creek (B) identify sufficient acres of accessible (1) MANAGEMENT PLAN.— Wilderness Aerial’’ and dated July 19, 2016; and economically viable Federal land that (A) IN GENERAL.—Not later than 4 years and can be offered in exchange for CAC land iden- after the date of enactment of this Act, the (B) the Bureau of Land Management map tified by CAC as available for exchange; and Secretary shall develop a management plan entitled ‘‘North Fork Owyhee River Wilder- (C) provide recommendations for land ex- for the Monument. ness Big Springs Camp Zoom Aerial’’ and change options with CAC that would— (B) CONSULTATION.—The management plan dated July 19, 2016. (i) consolidate ownership of the surface and shall be developed in consultation with— (2) OWYHEE RIVER WILDERNESS.—The bound- mineral estate of Federal land under the pro- (i) appropriate Federal agencies; ary of the Owyhee River Wilderness estab- gram; and (ii) State, Tribal, and local governments; lished by section 1503(a)(1)(E) of the Omnibus (ii) convey to CAC Federal land identified and Public Land Management Act of 2009 (Public under subparagraph (B).

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(c) REPORT.—Not later than 18 months (B) depict the location of each fire resource (B) in paragraph (3), by striking ‘‘activi- after the date of enactment of this Act, the on the applicable maps developed under sub- ties;’’ and inserting the following: ‘‘activi- Secretary shall submit to the Committee on section (c)(3); ties, including— Energy and Natural Resources of the Senate (C) operate continuously during the period ‘‘(A) all injuries sustained by a firefighter and the Committee on Natural Resources of for which any firefighting personnel are as- and treated by a doctor, categorized by the the House of Representatives a report de- signed to the applicable Federal wildland type of firefighter; scribing the results of the study, including— fire; and ‘‘(B) all deaths sustained while undergoing (1) a recommendation on options for 1 or (D) be subject to such terms and conditions a pack test or preparing for a work capacity; more land exchanges; and as the Secretary concerned determines nec- ‘‘(C) all injuries or deaths resulting from (2) detailed information on— essary for the effective implementation of vehicle accidents; and (A) the acres of Federal land identified for the system. ‘‘(D) all injuries or deaths resulting from exchange; and (3) OPERATION.—The Secretary concerned aircraft crashes;’’. (B) any other recommendations provided shall— (2) USE OF EXISTING DATA GATHERING AND by the Secretary. (A) before commencing operation of the ANALYSIS ORGANIZATIONS.—Section 9(b)(3) of SEC. 1114. WILDFIRE TECHNOLOGY MODERNIZA- system— the Federal Fire Prevention and Control Act TION. (i) conduct not fewer than 2 pilot projects of 1974 (15 U.S.C. 2208(b)(3)) is amended by in- (a) PURPOSE.—The purpose of this section relating to the operation, management, and serting ‘‘, including the Center for Fire- is to promote the use of the best available effectiveness of the system; and fighter Injury Research and Safety Trends’’ technology to enhance the effective and (ii) review the results of those pilot after ‘‘public and private’’. cost-efficient response to wildfires— projects; (3) MEDICAL PRIVACY OF FIREFIGHTERS.— (1) to meet applicable protection objec- (B) conduct training, and maintain a cul- Section 9 of the Federal Fire Prevention and tives; and ture, such that an employee, officer, or con- Control Act of 1974 (15 U.S.C. 2208) is amend- (2) to increase the safety of— tractor shall not rely on the system for safe- ed by adding at the end the following: (A) firefighters; and ty; and ‘‘(e) MEDICAL PRIVACY OF FIREFIGHTERS.— (B) the public. (C) establish procedures for the collection, The collection, storage, and transfer of any (b) DEFINITIONS.—In this section: storage, and transfer of data collected under medical data collected under this section (1) SECRETARIES.—The term ‘‘Secretaries’’ this subsection to ensure— means— shall be conducted in accordance with— (i) data security; and (A) the Secretary of Agriculture; and ‘‘(1) the privacy regulations promulgated (ii) the privacy of wildland fire personnel. (B) the Secretary. under section 264(c) of the Health Insurance (e) WILDLAND FIRE DECISION SUPPORT.— Portability and Accountability Act of 1996 (2) SECRETARY CONCERNED.—The term ‘‘Sec- retary concerned’’ means— (1) PROTOCOL.—To the maximum extent (42 U.S.C. 1320d–2 note; Public Law 104–191); (A) the Secretary of Agriculture, with re- practicable, the Secretaries shall ensure that and spect to activities under the Department of wildland fire management activities con- ‘‘(2) other applicable regulations, including Agriculture; and ducted by the Secretaries, or conducted parts 160, 162, and 164 of title 45, Code of Fed- (B) the Secretary, with respect to activi- jointly by the Secretaries and State wildland eral Regulations (as in effect on the date of ties under the Department of the Interior. firefighting agencies, achieve compliance enactment of this subsection).’’. (c) UNMANNED AIRCRAFT SYSTEMS.— with applicable incident management objec- (h) RAPID RESPONSE EROSION DATABASE.— (1) DEFINITIONS.—In this subsection, the tives in a manner that— (1) IN GENERAL.—The Secretaries, in con- terms ‘‘unmanned aircraft’’ and ‘‘unmanned (A) minimizes firefighter exposure to the sultation with the Administrator of the Na- aircraft system’’ have the meanings given lowest level necessary; and tional Aeronautics and Space Administra- those terms in section 44801 of title 49, (B) reduces overall costs of wildfire inci- tion and the Secretary of Commerce, shall United States Code. dents. establish and maintain a database, to be (2) ESTABLISHMENT OF PROGRAM.—Not later (2) WILDFIRE DECISION SUPPORT SYSTEM.— known as the ‘‘Rapid Response Erosion Data- than 180 days after the date of enactment of (A) IN GENERAL.—The Secretaries, in co- base’’ (referred to in this subsection as the this Act, the Secretary, in consultation with ordination with State wildland firefighting ‘‘Database’’). the Secretary of Agriculture, shall establish agencies, shall establish a system or expand (2) OPEN-SOURCE DATABASE.— a research, development, and testing pro- an existing system to track and monitor de- (A) AVAILABILITY.—The Secretaries shall gram, or expand an applicable existing pro- cisions made by the Secretaries or State make the Database (including the original gram, to assess unmanned aircraft system wildland firefighting agencies in managing source code)— technologies, including optionally piloted wildfires. (i) web-based; and aircraft, across the full range of wildland fire (B) COMPONENTS.—The system established (ii) available without charge. management operations in order to accel- or expanded under subparagraph (A) shall be (B) COMPONENTS.—To the maximum extent erate the deployment and integration of able to alert the Secretaries if— practicable, the Database shall provide for— those technologies into the operations of the (i) unusual costs are incurred; (i) the automatic incorporation of spatial Secretaries. (ii) an action to be carried out would like- data relating to vegetation, soils, and ele- (3) EXPANDING USE OF UNMANNED AIRCRAFT ly— vation into an applicable map created by the SYSTEMS ON WILDFIRES.—In carrying out the (I) endanger the safety of a firefighter; or Secretary concerned that depicts the program established under paragraph (2), the (II) be ineffective in meeting an applicable changes in land-cover and soil properties Secretaries, in coordination with the Federal suppression or protection goal; or caused by a wildland fire; and Aviation Administration, State wildland (iii) a decision regarding the management (ii) the generation of a composite map that firefighting agencies, and other relevant of a wildfire deviates from— can be used by the Secretary concerned to Federal agencies, shall enter into an agree- (I) an applicable protocol established by model the effectiveness of treatments in the ment under which the Secretaries shall de- the Secretaries, including the requirement burned area to prevent flooding, erosion, and velop consistent protocols and plans for the under paragraph (1); or landslides under a range of weather sce- use on wildland fires of unmanned aircraft (II) an applicable spatial fire management narios. system technologies, including for the devel- plan or fire management plan of the Sec- (3) USE.—The Secretary concerned shall opment of real-time maps of the location of retary concerned. use the Database, as applicable, in devel- wildland fires. (f) SMOKE PROJECTIONS FROM ACTIVE oping recommendations for emergency sta- (d) LOCATION SYSTEMS FOR WILDLAND FIRE- WILDLAND FIRES.—The Secretaries shall es- bilization treatments or modifications to FIGHTERS.— tablish a program, to be known as the drainage structures to protect values-at-risk (1) IN GENERAL.—Not later than 2 years ‘‘Interagency Wildland Fire Air Quality Re- following a wildland fire. after the date of enactment of this Act, sub- sponse Program’’, under which the Secretary (4) COORDINATION.—The Secretaries may ject to the availability of appropriations, the concerned— share the Database, and any results gen- Secretaries, in coordination with State (1) to the maximum extent practicable, erated in using the Database, with any State wildland firefighting agencies, shall jointly shall assign 1 or more air resource advisors or unit of local government. develop and operate a tracking system (re- to a type 1 incident management team man- (i) PREDICTING WHERE WILDFIRES WILL ferred to in this subsection as the ‘‘system’’) aging a Federal wildland fire; and START.— to remotely locate the positions of fire re- (2) may assign 1 or more air resource advi- (1) IN GENERAL.—The Secretaries, in con- sources for use by wildland firefighters, in- sors to a type 2 incident management team sultation with the Administrator of the Na- cluding, at a minimum, any fire resources managing a wildland fire. tional Aeronautics and Space Administra- assigned to Federal type 1 wildland fire inci- (g) FIREFIGHTER INJURIES DATABASE.— tion, the Secretary of Energy, and the Sec- dent management teams. (1) IN GENERAL.—Section 9(a) of the Federal retary of Commerce, through the capabili- (2) REQUIREMENTS.—The system shall— Fire Prevention and Control Act of 1974 (15 ties and assets located at the National Lab- (A) use the most practical and effective U.S.C. 2208(a)) is amended— oratories, shall establish and maintain a sys- technology available to the Secretaries to (A) in paragraph (2), by inserting ‘‘, cat- tem to predict the locations of future remotely track the location of an active re- egorized by the type of fire’’ after ‘‘such in- wildfires for fire-prone areas of the United source, such as a Global Positioning System; juries and deaths’’; and States.

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(2) COOPERATION; COMPONENTS.—The system (1) IN GENERAL.—Not later than 2 years (3)(B)(i)(II)’’ and inserting ‘‘Federal land con- established under paragraph (1) shall be after the date of enactment of this Act, the veyed under paragraph (2)(B)(ii)’’; based on, and seek to enhance, similar sys- Secretary, in consultation and coordination (4) in paragraph (5), by striking ‘‘a mining tems in existence on the date of enactment with the County and affected Indian Tribes, townsite under paragraph (3)’’ and inserting of this Act, including the Fire Danger As- shall prepare a management plan for the ‘‘Federal land under paragraph (2)’’; sessment System. Trail System. (5) in paragraph (6), in the matter pre- (3) USE IN FORECASTS.—Not later than 1 (2) PUBLIC COMMENT.—The management ceding subparagraph (A), by striking ‘‘min- year after the date of enactment of this Act, plan shall be developed with opportunities ing townsite’’ and inserting ‘‘Federal land’’; the Secretaries shall use the system estab- for public comment. (6) in paragraph (7), by striking ‘‘A mining lished under paragraph (1), to the maximum (3) INTERIM MANAGEMENT.—Until the com- townsite to be conveyed by the United extent practicable, for purposes of devel- pletion of the management plan, the Trail States under paragraph (3)’’ and inserting oping any wildland fire potential forecasts. System shall be administered in accordance ‘‘The exterior boundary of the Federal land (4) COORDINATION.—The Secretaries may with the Decision Record. to be conveyed by the United States under share the system established under para- (4) RECREATIONAL OPPORTUNITIES.—In de- paragraph (2)’’; graph (1), and any results generated in using veloping the management plan, the Sec- (7) in paragraph (9)— the system, with any State or unit of local retary shall seek to provide for new moun- (A) by striking ‘‘a mining townsite under government. tain bike route and trail construction to in- paragraph (3)’’ and inserting ‘‘the Federal (j) TERMINATION OF AUTHORITY.—The au- crease recreational opportunities within the land under paragraph (2)’’; and thority provided by this section terminates Trail System, consistent with this section. (B) by striking ‘‘the mining townsite’’ and on the date that is 10 years after the date of (f) USES.—The Trail System shall be used inserting ‘‘the Federal land’’; enactment of this Act. for nonmotorized mountain bike recreation, (8) in paragraph (10), by striking ‘‘the ex- (k) SAVINGS CLAUSE.—Nothing in this sec- as described in the Decision Record. amination’’ and all that follows through the tion— (g) ACQUISITION.— period at the end and inserting ‘‘the convey- (1) requires the Secretary concerned to es- (1) IN GENERAL.—On the request of the ance under paragraph (2) should be com- tablish a new program, system, or database State, the Secretary shall seek to acquire pleted by not later than 18 months after the to replace an existing program, system, or State land, or interests in State land, lo- date of enactment of the Natural Resources database that meets the objectives of this cated within the Trail System by purchase Management Act.’’; section; or from a willing seller or exchange. (9) by striking paragraphs (2) and (8); (2) precludes the Secretary concerned from (2) ADMINISTRATION OF ACQUIRED LAND.— (10) by redesignating paragraphs (3) using existing or future technology that— Any land acquired under this subsection through (7) and (9) and (10) as paragraphs (2) (A) is more efficient, safer, or better meets shall be administered as part of the Trail through (6) and (7) and (8) respectively; and the needs of firefighters, other personnel, or System. (11) by adding at the end the following: the public; and (h) FEES.—No fees shall be charged for ac- ‘‘(9) AVAILABILITY OF MAP.—The map shall (B) meets the objectives of this section. cess to, or use of, the Trail System and asso- be on file and available for public inspection SEC. 1115. MCCOY FLATS TRAIL SYSTEM. ciated parking areas. in the appropriate offices of the Bureau of (a) DEFINITIONS.—In this section: SEC. 1116. TECHNICAL CORRECTIONS TO CER- Land Management.’’. (1) COUNTY.—The term ‘‘County’’ means TAIN LAWS RELATING TO FEDERAL (b) MODIFICATION OF UTILITY CORRIDOR.— Uintah County, Utah. LAND IN THE STATE OF NEVADA. The Secretary shall realign the utility cor- (2) DECISION RECORD.—The term ‘‘Decision (a) AMENDMENT TO CONVEYANCE OF FED- ridor established by section 301(a) of the Lin- Record’’ means the Decision Record prepared ERAL LAND IN STOREY COUNTY, NEVADA.—Sec- coln County Conservation, Recreation, and by the Bureau of Land Management for the tion 3009(d) of the Carl Levin and Howard P. Development Act of 2004 (Public Law 108–424; Environmental Assessment for the McCoy ‘‘Buck’’ McKeon National Defense Author- 118 Stat. 2412) to be aligned as generally de- Flats Trail System numbered DOI–BLM– ization Act for Fiscal Year 2015 (Public Law picted on the map entitled ‘‘Proposed G010–2012–0057 and dated October 2012. 113–291; 128 Stat. 3751) is amended— LCCRDA Utility Corridor Realignment’’ and (3) STATE.—The term ‘‘State’’ means the (1) in paragraph (1)— dated March 14, 2017, by modifying the map State of Utah. (A) by striking subparagraphs (B) through entitled ‘‘Lincoln County Conservation, (4) TRAIL SYSTEM.—The term ‘‘Trail Sys- (D) and redesignating subparagraph (E) as Recreation, and Development Act’’ (referred tem’’ means the McCoy Flats Trail System subparagraph (D); and to in this subsection as the ‘‘Map’’) and established by subsection (b)(1). (B) by inserting after subparagraph (A) the dated October 1, 2004, by— (b) ESTABLISHMENT.— following: (1) removing the utility corridor from sec- (1) IN GENERAL.—Subject to valid existing ‘‘(B) FEDERAL LAND.—The term ‘Federal tions 5, 6, 7, 8, 9, 10, 11, 14, and 15, T. 7 N., R. rights, there is established the McCoy Flats land’ means the land generally depicted as 68 E., of the Map; and Trail System in the State. ‘Federal land’ on the map. (2) redesignating the utility corridor so as (2) AREA INCLUDED.—The Trail System ‘‘(C) MAP.—The term ‘map’ means the map to appear on the Map in— shall include public land administered by the entitled ‘Storey County Land Conveyance’ (A) sections 31, 32, and 33, T. 8 N., R. 68 E.; Bureau of Land Management in the County, and dated June 6, 2018.’’. (B) sections 4, 5, 6, and 7, T. 7 N., R. 68 E.; as described in the Decision Record. (2) in paragraph (3)— and (c) MAP AND LEGAL DESCRIPTION.— (A) in subparagraph (A)(i), by striking (C) sections 1 and 12, T. 7 N., 67 E. (1) IN GENERAL.—As soon as practicable ‘‘after completing the mining claim validity (c) FINAL CORRECTIVE PATENT IN CLARK after the date of enactment of this Act, the review under paragraph (2)(B), if requested COUNTY, NEVADA.— Secretary shall prepare a map and legal de- by the County,’’; and (1) VALIDATION OF PATENT.—Patent number scription of the Trail System. (B) in subparagraph (B)— 27–2005–0081, issued by the Bureau of Land (2) AVAILABILITY; TRANSMITTAL TO CON- (i) in clause (i)— Management on February 18, 2005, is af- GRESS.—The map and legal description pre- (I) in the matter preceding subclause (I), firmed and validated as having been issued pared under paragraph (1) shall be— by striking ‘‘each parcel of land located in a pursuant to, and in compliance with, the Ne- (A) available in appropriate offices of the mining townsite’’ and inserting ‘‘any Federal vada-Florida Land Exchange Authorization Bureau of Land Management; and land’’; Act of 1988 (Public Law 100–275; 102 Stat. 52), (B) transmitted by the Secretary to— (II) in subclause (I), by striking ‘‘mining the National Environmental Policy Act of (i) the Committee on Natural Resources of townsite’’ and inserting ‘‘Federal land’’; and 1969 (42 U.S.C. 4321 et seq.), and the Federal the House of Representatives; and (III) in subclause (II), by striking ‘‘mining Land Policy and Management Act of 1976 (43 (ii) the Committee on Energy and Natural townsite (including improvements to the U.S.C. 1701 et seq.) for the benefit of the Resources of the Senate. mining townsite), as identified for convey- desert tortoise, other species, and the habi- (3) FORCE AND EFFECT.—The map and legal ance on the map’’ and inserting ‘‘Federal tat of the desert tortoise and other species to description prepared under paragraph (1) land (including improvements)’’; increase the likelihood of the recovery of the shall have the same force and effect as if in- (ii) by striking clause (ii); desert tortoise and other species. cluded in this section, except that the Sec- (iii) by striking the subparagraph designa- (2) RATIFICATION OF RECONFIGURATION.—The retary may correct any clerical or typo- tion and heading and all that follows process used by the United States Fish and graphical errors in the map and legal de- through ‘‘With respect’’ in the matter pre- Wildlife Service and the Bureau of Land scription. ceding subclause (I) of clause (i) and insert- Management in reconfiguring the land de- (d) ADMINISTRATION.—The Secretary shall ing the following: scribed in paragraph (1), as depicted on Ex- administer the Trail System in accordance ‘‘(B) VALID MINING CLAIMS.—With respect’’; hibit 1–4 of the Final Environmental Impact with— and Statement for the Planned Development (1) the Federal Land Policy and Manage- (iv) by redesignating subclauses (I) and (II) Project MSHCP, Lincoln County, NV (FWS– ment Act of 1976 (43 U.S.C. 1701 et seq.); as clauses (i) and (ii), respectively, and in- R8–ES–2008–N0136), and the reconfiguration (2) this section; and denting appropriately; provided for in special condition 10 of the (3) other applicable law. (3) in paragraph (4)(A), by striking ‘‘a min- Corps of Engineers Permit No. 000005042, are (e) MANAGEMENT PLAN.— ing townsite conveyed under paragraph ratified.

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(d) ISSUANCE OF CORRECTIVE PATENT IN LIN- ‘‘(2) to exclude the land identified as ‘NFS (ii) provide for public input in the prepara- COLN COUNTY, NEVADA.— Lands’ on the map entitled ‘Proposed Wilder- tion of the management plan. (1) IN GENERAL.—The Secretary, acting ness Boundary Adjustment High Schells Wil- (f) USES.—The Secretary shall only allow through the Director of the Bureau of Land derness Area’ and dated January 19, 2017.’’. such uses of the Recreation Area that Management, may issue a corrective patent (2) AMENDMENTS TO THE NEVADA WILDER- would— for the 7,548 acres of land in Lincoln County, NESS PROTECTION ACT OF 1989.—The Nevada (1) further the purposes for which the Nevada, depicted on the map prepared by the Wilderness Protection Act of 1989 (Public Recreation Area is established; and Bureau of Land Management entitled ‘‘Pro- Law 101–195; 16 U.S.C. 1132 note) is amended (2) promote the long-term protection and posed Lincoln County Land Reconfigura- by adding at the end the following: management of the watershed and under- tion’’ and dated January 28, 2016. ‘‘SEC. 12. ARC DOME BOUNDARY ADJUSTMENT. ground karst system of the Recreation Area. (2) APPLICABLE LAW.—A corrective patent ‘‘The boundary of the Arc Dome Wilderness (g) MOTORIZED VEHICLES.— issued under paragraph (1) shall be treated as established under section 2(2) is adjusted to (1) IN GENERAL.—Except as needed for issued pursuant to, and in compliance with, exclude the land identified as ‘Exclude from emergency response or administrative pur- the Nevada-Florida Land Exchange Author- Wilderness’ on the map entitled ‘Arc Dome poses, the use of motorized vehicles in the ization Act of 1988 (Public Law 100–275; 102 Adjustment’ and dated November 3, 2014.’’. Recreation Area shall be permitted only on Stat. 52). SEC. 1117. ASHLEY KARST NATIONAL RECRE- roads and motorized routes designated in the (e) CONVEYANCE TO LINCOLN COUNTY, NE- ATION AND GEOLOGIC AREA. Management Plan for the use of motorized VADA, TO SUPPORT A LANDFILL.— (a) DEFINITIONS.—In this section: vehicles. (1) MANAGEMENT PLAN.—The term ‘‘Man- (1) IN GENERAL.—As soon as practicable (2) NEW ROADS.—No new permanent or tem- after the date of enactment of this Act, and agement Plan’’ means the management plan porary roads or other motorized vehicle subject to valid existing rights, at the re- for the Recreation Area prepared under sub- routes shall be constructed within the Recre- quest of Lincoln County, Nevada, the Sec- section (e)(2)(A). ation Area after the date of enactment of retary shall convey without consideration (2) MAP.—The term ‘‘Map’’ means the map this Act. entitled ‘‘Northern Utah Lands Management under the Act of June 14, 1926 (commonly (3) EXISTING ROADS.— Act-Overview’’ and dated February 4, 2019. known as the ‘‘Recreation and Public Pur- (A) IN GENERAL.—Necessary maintenance poses Act’’) (44 Stat. 741, chapter 578; 43 (3) RECREATION AREA.—The term ‘‘Recre- or repairs to existing roads designated in the U.S.C. 869 et seq.), to Lincoln County all ation Area’’ means the Ashley Karst Na- Management Plan for the use of motorized right, title and interest of the United States tional Recreation and Geologic Area estab- vehicles, including necessary repairs to keep in and to approximately 400 acres of land in lished by subsection (b)(1). existing roads free of debris or other safety Lincoln County, Nevada, more particularly (4) SECRETARY.—The term ‘‘Secretary’’ hazards, shall be permitted after the date of described as follows: T. 11 S., R. 62, E., Sec- means the Secretary of Agriculture. enactment of this Act, consistent with the (5) STATE.—The term ‘‘State’’ means the tion 25 E 1⁄2 of W 1⁄2; and W 1⁄2 of E 1⁄2; and E requirements of this section. State of Utah. 1⁄2 of SE 1⁄4. (B) REROUTING.—Nothing in this subsection (b) ESTABLISHMENT.— (2) RESERVATION.—The Secretary shall re- prevents the Secretary from rerouting an ex- (1) IN GENERAL.—Subject to valid existing serve to the United States the mineral estate isting road or trail to protect Recreation rights, there is established the Ashley Karst in any land conveyed under paragraph (1). Area resources from degradation, or to pro- National Recreation and Geologic Area in (3) USE OF CONVEYED LAND.—The land con- tect public safety, as determined to be appro- the State. veyed under paragraph (1) shall be used by priate by the Secretary. (2) AREA INCLUDED.—The Recreation Area Lincoln County, Nevada, to provide a suit- (4) OVER SNOW VEHICLES.— shall consist of approximately 173,475 acres able location for the establishment of a cen- (A) IN GENERAL.—Nothing in this section of land in the Ashley National Forest, as tralized landfill and to provide a designated prohibits the use of snowmobiles and other generally depicted on the Map. area and authorized facilities to discourage over snow vehicles within the Recreation (c) PURPOSES.—The purposes of the Recre- unauthorized dumping and trash disposal on ation Area are to conserve and protect the Area. environmentally-sensitive public land. Lin- watershed, geological, recreational, wildlife, (B) WINTER RECREATION USE PLAN.—Not coln County may not dispose of the land con- scenic, natural, cultural, and historic re- later than 2 years after the date of enact- veyed under paragraph (1). sources of the Recreation Area. ment of this Act, the Secretary shall under- (4) REVERSION.—If Lincoln County, Nevada, (d) MAP AND LEGAL DESCRIPTION.— take a winter recreation use planning proc- ceases to use any parcel of land conveyed (1) IN GENERAL.—As soon as practicable ess, which shall include opportunities for use under paragraph (1) for the purposes de- after the date of enactment of this Act, the by snowmobiles or other over snow vehicles scribed in paragraph (3)— Secretary shall prepare and submit to the in appropriate areas of the Recreation Area. (A) title to the parcel shall revert to the Committee on Natural Resources and the (5) APPLICABLE LAW.—Activities authorized Secretary, at the option of the Secretary; Committee on Agriculture of the House of under this subsection shall be consistent and Representatives and the Committee on En- with the applicable forest plan and travel (B) Lincoln County shall be responsible for ergy and Natural Resources of the Senate a management plan for, and any law (including any reclamation necessary to restore the map and legal description of the Recreation regulations) applicable to, the Ashley Na- parcel to a condition acceptable to the Sec- Area. tional Forest. retary. (2) EFFECT.—The map and legal description (h) WATER INFRASTRUCTURE.— (f) MT. MORIAH WILDERNESS, HIGH SCHELLS prepared under paragraph (1) shall have the (1) EXISTING ACCESS.—The designation of WILDERNESS, AND ARC DOME WILDERNESS same force and effect as if included in this the Recreation Area shall not affect the abil- BOUNDARY ADJUSTMENTS.— section, except that the Secretary may cor- ity of authorized users to access, operate, (1) AMENDMENTS TO THE PAM WHITE WILDER- rect minor errors in the map or legal descrip- and maintain water infrastructure facilities NESS ACT OF 2006.—Section 323 of the Pam tion. within the Recreation Area in accordance White Wilderness Act of 2006 (16 U.S.C. 1132 (3) AVAILABILITY.—A copy of the map and with applicable authorizations and permits. note; 120 Stat. 3031) is amended by striking legal description prepared under paragraph (2) COOPERATIVE AGREEMENTS.— subsection (e) and inserting the following: (1) shall be on file and available for public in- (A) IN GENERAL.—The Secretary shall offer ‘‘(e) MT. MORIAH WILDERNESS ADJUST- spection in the appropriate offices of the to enter into a cooperative agreement with MENT.—The boundary of the Mt. Moriah Wil- Forest Service. authorized users and local governmental en- derness established under section 2(13) of the (e) ADMINISTRATION.— tities to provide, in accordance with any ap- Nevada Wilderness Protection Act of 1989 (16 (1) IN GENERAL.—The Secretary shall ad- plicable law (including regulations)— U.S.C. 1132 note) is adjusted to include— minister the Recreation Area in accordance (i) access, including motorized access, for ‘‘(1) the land identified as the ‘Mount with— repair and maintenance to water infrastruc- Moriah Wilderness Area’ and ‘Mount Moriah (A) the laws generally applicable to the ture facilities within the Recreation Area, Additions’ on the map entitled ‘Eastern National Forest System, including the For- including Whiterocks Reservoir, subject to White Pine County’ and dated November 29, est and Rangeland Renewable Resources such terms and conditions as the Secretary 2006; and Planning Act of 1974 (16 U.S.C. 1600 et seq.); determines to be necessary; and ‘‘(2) the land identified as ‘NFS Lands’ on (B) this section; and (ii) access and maintenance by authorized the map entitled ‘Proposed Wilderness (C) any other applicable law. users and local governmental entities for the Boundary Adjustment Mt. Moriah Wilder- (2) MANAGEMENT PLAN.— continued delivery of water to the Ashley ness Area’ and dated January 19, 2017. (A) IN GENERAL.—Not later than 2 years Valley if water flows cease or become dimin- ‘‘(f) HIGH SCHELLS WILDERNESS ADJUST- after the date of enactment of this Act, the ished due to impairment of the karst system, MENT.—The boundary of the High Schells Secretary shall prepare a management plan subject to such terms and conditions as the Wilderness established under subsection for the Recreation Area. Secretary determines to be necessary. (a)(11) is adjusted— (B) CONSULTATION.—The Secretary shall— (i) GRAZING.—The grazing of livestock in ‘‘(1) to include the land identified as ‘In- (i) prepare the management plan in con- the Recreation Area, where established be- clude as Wilderness’ on the map entitled sultation and coordination with Uintah fore the date of enactment of this Act, shall ‘McCoy Creek Adjustment’ and dated No- County, Utah, and affected Indian Tribes; be allowed to continue, subject to such rea- vember 3, 2014; and and sonable regulations, policies, and practices

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2155 as the Secretary considers to be necessary in SEC. 1118. JOHN WESLEY POWELL NATIONAL this Act shall be added to and administered accordance with— CONSERVATION AREA. as part of the National Conservation Area. (1) applicable law (including regulations); (a) DEFINITIONS.—In this section: (3) STATE LAND.—On request of the Utah (2) the purposes of the Recreation Area; (1) MAP.—The term ‘‘Map’’ means the Bu- School and Institutional Trust Lands Ad- and reau of Land Management map entitled ministration and, if practicable, not later (3) the guidelines set forth in the report of ‘‘Proposed John Wesley Powell National than 5 years after the date of enactment of the Committee on Interior and Insular Af- Conservation Area’’ and dated December 10, this Act, the Secretary shall seek to acquire fairs of the House of Representatives accom- 2018. all State-owned land within the boundaries panying H.R. 5487 of the 96th Congress (H. (2) NATIONAL CONSERVATION AREA.—The of the National Conservation Area by ex- Rept. 96–617). term ‘‘National Conservation Area’’ means change or purchase, subject to the appropria- (j) FISH AND WILDLIFE.—Nothing in this the John Wesley Powell National Conserva- tion of necessary funds. section affects the jurisdiction of the State tion Area established by subsection (b)(1). (h) MOTORIZED VEHICLES.— with respect to the management of fish and (b) ESTABLISHMENT.— (1) IN GENERAL.—Subject to paragraph (2), wildlife on Federal land in the State. (1) IN GENERAL.—Subject to valid existing except in cases in which motorized vehicles (k) WILDLIFE WATER PROJECTS.—The Sec- rights, there is established the John Wesley are needed for administrative purposes or to retary, in consultation with the State, may Powell National Conservation Area in the respond to an emergency, the use of motor- authorize wildlife water projects (including State of Utah. ized vehicles in the National Conservation guzzlers) within the Recreation Area. (2) AREA INCLUDED.—The National Con- Area shall be permitted only on roads des- (l) WATER RIGHTS.—Nothing in this sec- servation Area shall consist of approxi- ignated in the management plan. tion— mately 29,868 acres of public land adminis- (2) USE OF MOTORIZED VEHICLES PRIOR TO (1) constitutes an express or implied res- tered by the Bureau of Land Management as COMPLETION OF MANAGEMENT PLAN.—Prior to ervation by the United States of any water generally depicted on the Map. completion of the management plan, the use rights with respect to the Recreation Area; (c) PURPOSES.—The purposes of the Na- of motorized vehicles within the National (2) affects any water rights in the State; tional Conservation Area are to conserve, Conservation Area shall be permitted in ac- (3) affects the use or allocation, in exist- protect, and enhance for the benefit of cordance with the applicable Bureau of Land ence on the date of enactment of this Act, of present and future generations the nation- Management resource management plan. any water, water right, or interest in water; ally significant historic, cultural, natural, (i) GRAZING.—The grazing of livestock in (4) affects any vested absolute or decreed scientific, scenic, recreational, archae- the National Conservation Area, where es- conditional water right in existence on the ological, educational, and wildlife resources tablished before the date of enactment of date of enactment of this Act, including any of the National Conservation Area. this Act, shall be allowed to continue, sub- water right held by the United States; (d) MAP AND LEGAL DESCRIPTION.— ject to such reasonable regulations, policies, (5) affects any interstate water compact in (1) IN GENERAL.—As soon as practicable and practices as the Secretary considers to existence on the date of enactment of this after the date of enactment of this Act, the be necessary in accordance with— (1) applicable law (including regulations); Act; or Secretary shall prepare and file a map and (2) the purposes of the National Conserva- (6) shall be considered to be a relinquish- legal description of the National Conserva- tion Area; and ment or reduction of any water rights re- tion Area with the Committee on Energy and (3) the guidelines set forth in Appendix A served or appropriated by the United States Natural Resources of the Senate and the of the report of the Committee on Interior in the State on or before the date of enact- Committee on Natural Resources of the and Insular Affairs of the House of Rep- ment of this Act. House of Representatives. resentatives accompanying H.R. 2570 of the (m) WITHDRAWAL.—Subject to valid exist- (2) EFFECT.—The map and legal description 101st Congress (House Report 101–405). ing rights, all Federal land in the Recreation prepared under paragraph (1) shall have the same force and effect as if included in this (j) FISH AND WILDLIFE.—Nothing in this Area is withdrawn from— section affects the jurisdiction of the State (1) all forms of entry, appropriation, and section, except that the Secretary may cor- rect minor errors in the map or legal descrip- of Utah with respect to the management of disposal under the public land laws; fish and wildlife on Federal land in the tion. (2) location, entry, and patent under the State. (3) AVAILABILITY.—A copy of the map and mining laws; and (k) WILDLIFE WATER PROJECTS.—The Sec- (3) operation of the mineral leasing, min- legal description shall be on file and avail- retary, in consultation with the State of eral materials, and geothermal leasing laws. able for public inspection in the appropriate Utah, may authorize wildlife water projects (n) VEGETATION MANAGEMENT.—Nothing in offices of the Bureau of Land Management. (including guzzlers) within the National Con- this section prevents the Secretary from (e) MANAGEMENT.—The Secretary shall servation Area. conducting vegetation management projects, manage the National Conservation Area— (l) GREATER SAGE-GROUSE CONSERVATION including fuels reduction activities, within (1) in a manner that conserves, protects, PROJECTS.—Nothing in this section affects the Recreation Area for the purposes of im- and enhances the resources of the National the authority of the Secretary to undertake proving water quality and reducing risks Conservation Area; Greater sage-grouse (Centrocercus from wildfire. (2) in accordance with— urophasianus) conservation projects to main- (o) WILDLAND FIRE OPERATIONS.—Nothing (A) the Federal Land Policy and Manage- tain and improve Greater sage-grouse habi- in this section prohibits the Secretary, in ment Act of 1976 (43 U.S.C. 1701 et seq.); tat, including the management of vegetation consultation with other Federal, State, (B) this section; and through mechanical means, to further the local, and Tribal agencies, as appropriate, (C) any other applicable law; and purposes of the National Conservation Area. from conducting wildland fire treatment op- (3) as a component of the National Land- (m) WATER RIGHTS.—Nothing in this sec- erations or restoration operations in the scape Conservation System. tion— Recreation Area, consistent with the pur- (4) MANAGEMENT PLAN.— (1) constitutes an express or implied res- poses of this section. (A) IN GENERAL.—Not later than 2 years ervation by the United States of any water (p) RECREATION FEES.—Except for fees for after the date of enactment of this Act, the rights with respect to the National Con- improved campgrounds, the Secretary is pro- Secretary shall develop a management plan servation Area; hibited from collecting recreation entrance for the National Conservation Area. (2) affects any water rights in the State; or recreation use fees within the Recreation (B) CONSULTATION.—The Secretary shall (3) affects the use or allocation, in exist- Area. prepare the management plan— ence on the date of enactment of this Act, of (q) COMMUNICATION INFRASTRUCTURE.— (i) in consultation and coordination with any water, water right, or interest in water; Nothing in this section affects the continued the State of Utah, Uintah County, and af- (4) affects any vested absolute or decreed use of, and access to, communication infra- fected Indian Tribes; and conditional water right in existence on the structure (including necessary upgrades) (ii) after providing for public input. date of enactment of this Act, including any within the Recreation Area, in accordance (f) USES.—The Secretary shall only allow water right held by the United States; with applicable authorizations and permits. such uses of the National Conservation Area (5) affects any interstate water compact in (r) NON-FEDERAL LAND.— as the Secretary determines would further existence on the date of enactment of this (1) IN GENERAL.—Nothing in this section af- the purposes for which the National Con- Act; or fects non-Federal land or interests in non- servation is established. (6) shall be considered to be a relinquish- Federal land within the Recreation Area. (g) ACQUISITION.— ment or reduction of any water rights re- (2) ACCESS.—The Secretary shall provide (1) IN GENERAL.—The Secretary may ac- served or appropriated by the United States reasonable access to non-Federal land or in- quire land or interests in land within the in the State on or before the date of enact- terests in non-Federal land within the Recre- boundaries of the National Conservation ment of this Act. ation Area. Area by purchase from a willing seller, dona- (n) NO BUFFER ZONES.— (s) OUTFITTING AND GUIDE ACTIVITIES.— tion, or exchange. (1) IN GENERAL.—Nothing in this section Outfitting and guide services within the (2) INCORPORATION IN NATIONAL CONSERVA- creates a protective perimeter or buffer zone Recreation Area, including commercial out- TION AREA.—Any land or interest in land lo- around the National Conservation Area. fitting and guide services, are authorized in cated inside the boundary of the National (2) ACTIVITIES OUTSIDE NATIONAL CONSERVA- accordance with this section and other appli- Conservation Area that is acquired by the TION AREA.—The fact that an authorized ac- cable law (including regulations). United States after the date of enactment of tivity or use on land outside the National

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Conservation Area can be seen or heard with- (iii) under review for a pending right-of- (B) SELECTION PERIOD.—An eligible indi- in the National Conservation Area shall not way for a natural gas corridor; vidual may apply for an allotment during preclude the activity or use outside the (iv) within the Arctic National Wildlife the 5-year period beginning on the effective boundary of the Area. Refuge; date of the final regulations issued under (o) WITHDRAWAL.— (v) within a unit of the National Forest paragraph (2). (1) IN GENERAL.—Subject to valid existing System; (4) CONFLICTING SELECTIONS.—If 2 or more rights, all Federal land in the National Con- (vi) designated as wilderness by Congress; eligible individuals submit to the Secretary servation Area (including any land acquired (vii) within a unit of the National Park an allotment selection application under after the date of enactment of this Act) is System, a National Preserve, or a National paragraph (3)(A)(ii) for the same parcel of withdrawn from— Monument; available Federal land, the Secretary shall— (A) all forms of entry, appropriation, and (viii) within a component of the National (A) give preference to the selection appli- disposal under the public land laws; Trails System; cation received on the earliest date; and (B) location, entry, and patent under the (ix) within a component of the National (B) provide to each eligible individual the mining laws; and Wild and Scenic Rivers System; or selection application of whom is rejected (C) operation of the mineral leasing, min- (x) within the National Petroleum Re- under subparagraph (A) an opportunity to se- eral materials, and geothermal leasing laws. serve–Alaska. lect a substitute parcel of available Federal (p) VEGETATION MANAGEMENT.—Nothing in (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- land. this section prevents the Secretary from ble individual’’ means an individual who, as (5) IDENTIFICATION OF AVAILABLE FEDERAL conducting vegetation management projects, determined by the Secretary in accordance LAND ADMINISTERED BY THE BUREAU OF LAND including fuels reduction activities, within with subsection (c)(1), is— MANAGEMENT.— the National Conservation Area that are (A) a Native veteran— (A) IN GENERAL.—Not later than 1 year consistent with this section and that further (i) who served in the Armed Forces during after the date of enactment of this Act, the the purposes of the National Conservation the period between August 5, 1964, and De- Secretary, in consultation with the State, Area. cember 31, 1971; and Regional Corporations, and Village Corpora- (q) WILDLAND FIRE OPERATIONS.—Nothing (ii) has not received an allotment made in this section prohibits the Secretary, in pursuant to— tions, shall identify Federal land adminis- consultation with other Federal, State, (I) the Act of May 17, 1906 (34 Stat. 197, tered by the Bureau of Land Management as local, and Tribal agencies, as appropriate, chapter 2469) (as in effect on December 17, available Federal land for allotment selec- from conducting wildland fire prevention 1971); tion in the State by eligible individuals. and restoration operations in the National (II) section 14(h)(5) of the Alaska Native (B) CERTIFICATION; SURVEY.—The Secretary Conservation Area, consistent with the pur- Claims Settlement Act (43 U.S.C. 1613(h)(5)); shall— poses of this section. or (i) certify that the available Federal land (r) RECREATION FEES.—Except for improved (III) section 41 of the Alaska Native Claims identified under subparagraph (A) is free of campgrounds, the Secretary is prohibited Settlement Act (43 U.S.C. 1629g); or known contamination; and from collecting recreation entrance or use (B) is the personal representative of the es- (ii) survey the available Federal land iden- fees within the National Conservation Area. tate of a deceased eligible individual de- tified under subparagraph (A) into aliquot (s) OUTFITTING AND GUIDE ACTIVITIES.— scribed in subparagraph (A), who has been parts and lots, segregating all navigable and Outfitting and guide services within the Na- duly appointed in the appropriate Alaska meanderable waters and land not available tional Conservation Area, including commer- State court or a registrar has qualified, act- for allotment selection. cial outfitting and guide services, are au- ing for the benefit of the heirs of the estate (C) MAPS.—As soon as practicable after the thorized in accordance with this section and of a deceased eligible individual described in date on which available Federal land is iden- other applicable law (including regulations). subparagraph (A). tified under subparagraph (A), the Secretary (t) NON-FEDERAL LAND.— (3) NATIVE; REGIONAL CORPORATION; VILLAGE shall submit to Congress, and publish in the (1) IN GENERAL.—Nothing in this section af- CORPORATION.—The terms ‘‘Native’’, ‘‘Re- Federal Register, 1 or more maps depicting fects non-Federal land or interests in non- gional Corporation’’, and ‘‘Village Corpora- the identified available Federal land. Federal land within the National Conserva- tion’’ have the meanings given those terms (D) CONVEYANCES.—Any available Federal tion Area. in section 3 of the Alaska Native Claims Set- land conveyed to an eligible individual under (2) REASONABLE ACCESS.—The Secretary tlement Act (43 U.S.C. 1602). this paragraph shall be subject to— shall provide reasonable access to non-Fed- (4) STATE.—The term ‘‘State’’ means the (i) valid existing rights; and eral land or interests in non-Federal land State of Alaska. (ii) the reservation of minerals to the within the National Conservation Area. (5) VETERAN.—The term ‘‘veteran’’ has the United States. (u) RESEARCH AND INTERPRETIVE MANAGE- meaning given the term in section 101 of (E) INTENT OF CONGRESS.—It is the intent of MENT.—The Secretary may establish pro- title 38, United States Code. Congress that not later than 1 year after the grams and projects for the conduct of sci- (b) ALLOTMENTS FOR ELIGIBLE INDIVID- date on which an eligible individual submits entific, historical, cultural, archeological, UALS.— an allotment selection application for avail- and natural studies through the use of public (1) INFORMATION TO DETERMINE ELIGI- able Federal land that meets the require- and private partnerships that further the BILITY.— ments of this section, as determined by the purposes of the National Conservation Area. (A) IN GENERAL.—Not later than 180 days Secretary, the Secretary shall issue to the SEC. 1119. ALASKA NATIVE VIETNAM ERA VET- after the date of enactment of this Act, the eligible individual a certificate of allotment ERANS LAND ALLOTMENT. Secretary of Defense, in coordination with with respect to the available Federal land (a) DEFINITIONS.—In this section: the Secretary of Veterans Affairs, shall pro- covered by the allotment selection applica- (1) AVAILABLE FEDERAL LAND.— vide to the Secretary a list of all members of tion, subject to the requirements of subpara- (A) IN GENERAL.—The term ‘‘available Fed- the Armed Forces who served during the pe- graph (D). eral land’’ means Federal land in the State riod between August 5, 1964, and December that— 31, 1971. (c) IDENTIFICATION OF AVAILABLE FEDERAL (i) is vacant, unappropriated, and unre- (B) USE.—The Secretary shall use the in- LAND IN UNITS OF THE NATIONAL WILDLIFE served and is identified as available for selec- formation provided under subparagraph (A) REFUGE SYSTEM.— tion under subsection (b)(5); or to determine whether an individual meets (1) REPORT.—Not later than 1 year after (ii) has been selected by, but not yet con- the military service requirements under sub- the date of enactment of this Act, the Sec- veyed to— section (a)(2)(A)(i). retary shall— (I) the State, if the State agrees to volun- (C) OUTREACH AND ASSISTANCE.—The Sec- (A) conduct a study to determine whether tarily relinquish the selection of the Federal retary, in coordination with the Secretary of any additional Federal lands within units of land for selection by an eligible individual; Veterans Affairs, shall conduct outreach, the National Wildlife Refuge System in the or and provide assistance in applying for allot- State should be made available for allotment (II) a Regional Corporation or a Village ments, to eligible individuals. selection; and Corporation, if the Regional Corporation or (2) REGULATIONS.—Not later than 18 (B) report the findings and conclusions of Village Corporation agrees to voluntarily re- months after the date of enactment of this the study to Congress. linquish the selection of the Federal land for section, the Secretary shall promulgate reg- (2) CONTENT OF THE REPORT.—The Sec- selection by an eligible individual. ulations to carry out this subsection. retary shall include in the report required (B) EXCLUSIONS.—The term ‘‘available Fed- (3) SELECTION BY ELIGIBLE INDIVIDUALS.— under paragraph (1)— eral land’’ does not include any Federal land (A) IN GENERAL.—An eligible individual— (A) the Secretary’s determination whether in the State that is— (i) may select 1 parcel of not less than 2.5 Federal lands within units of the National (i)(I) a right-of-way of the TransAlaska acres and not more than 160 acres of avail- Wildlife Refuge System in the State should Pipeline; or able Federal land; and be made available for allotment selection by (II) an inner or outer corridor of such a (ii) on making a selection pursuant to eligible individuals; and right-of-way; clause (i), shall submit to the Secretary an (B) identification of the specific areas (in- (ii) withdrawn or acquired for purposes of allotment selection application for the appli- cluding maps) within units of the National the Armed Forces; cable parcel of available Federal land. Wildlife Refuge System in the State that the

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(2) GRADIENT BOUNDARY SURVEY METHOD.— ally recognized Indian Tribe notify the Sec- (3) FACTORS TO BE CONSIDERED.—In deter- The term ‘‘gradient boundary survey meth- retary of the approval of the boundary sur- mining whether Federal lands within units od’’ means the measurement technique used vey or a portion of the survey by the applica- of the National Wildlife Refuge System in to locate the South Bank boundary line in ble office or federally recognized Indian the State should be made available under accordance with the methodology estab- Tribe, the Secretary shall determine whether paragraph (1)(A), the Secretary shall take lished in Oklahoma v. Texas, 261 U.S. 340 to approve the survey or portion of the sur- into account— (1923) (recognizing that the boundary line vey, subject to subparagraph (D). (A) the proximity of the Federal land made along the Red River is subject to change due (C) SUBMISSION OF PORTIONS OF SURVEY FOR available for allotment selection under sub- to erosion and accretion). APPROVAL.—As portions of the survey are section (b)(5) to eligible individuals; (3) LANDOWNER.—The term ‘‘landowner’’ completed, the Secretary may submit the (B) the proximity of the units of the Na- means any individual, group, association, completed portions of the survey for ap- tional Wildlife Refuge System in the State corporation, federally recognized Indian proval under subparagraph (A). to eligible individuals; and tribe or member of such an Indian tribe, or (D) WRITTEN APPROVAL.—The Secretary (C) the amount of additional Federal land other private or governmental legal entity shall only approve the survey, or a portion of within units of the National Wildlife Refuge that owns an interest in land in the affected the survey, that has the written approval of System in the State that the Secretary esti- area. each of— mates would be necessary to make allot- (4) SECRETARY.—The term ‘‘Secretary’’ (i) the Texas General Land Office; ments available for selection by eligible indi- means the Secretary, acting through the Di- (ii) the Oklahoma Commissioners of the viduals. rector of the Bureau of Land Management. Land Office, in consultation with the attor- (4) IDENTIFYING FEDERAL LAND IN UNITS OF (5) SOUTH BANK.—The term ‘‘South Bank’’ ney general of the State of Oklahoma; and THE NATIONAL WILDLIFE REFUGE SYSTEM.—In means the water-washed and relatively per- (iii) each affected federally recognized In- identifying whether Federal lands within manent elevation or acclivity (commonly dian Tribe. units of the National Wildlife Refuge System known as a ‘‘cut bank’’) along the southerly (c) SURVEY OF INDIVIDUAL PARCELS.—Sur- in the State should be made available for al- or right side of the Red River that— veys of individual parcels in the affected lotment under paragraph (2)(B), the Sec- (A) separates the bed of that river from the area shall be conducted in accordance with retary shall not identify any Federal land in adjacent upland, whether valley or hill; and the boundary survey approved under sub- a unit of the National Wildlife Refuge Sys- (B) usually serves, as specified in the fifth section (b)(2). tem— paragraph of Oklahoma v. Texas, 261 U.S. 340 (d) NOTICE AND AVAILABILITY OF SURVEY.— (A) the conveyance of which, independ- (1923)— Not later than 60 days after the date on ently or as part of a group of allotments— (i) to confine the waters within the bed; which the boundary survey is approved under (i) could significantly interfere with bio- and subsection (b)(2), the Secretary shall— logical, physical, cultural, scenic, rec- (ii) to preserve the course of the river. (1) publish notice of the approval of the reational, natural quiet, or subsistence val- (6) SOUTH BANK BOUNDARY LINE.—The term survey in— ues of the unit of the National Wildlife Ref- ‘‘South Bank boundary line’’ means the (A) the Federal Register; and uge System; boundary, with respect to title and owner- (B) 1 or more local newspapers; and (ii) could obstruct access by the public or ship, between the States of Oklahoma and (2) on request, furnish to any landowner a the Fish and Wildlife Service to the resource Texas identified through the gradient bound- copy of— values of the unit; ary survey method that does not impact or (A) the survey; and (iii) could trigger development or future alter the permanent political boundary line (B) any field notes relating to— uses in an area that would adversely affect between the States along the Red River, as (i) the individual parcel of the landowner; resource values of the surrounding National outlined under article II, section B of the or Wildlife Refuge System land; Red River Boundary Compact enacted by the (ii) any individual parcel adjacent to the (iv) could open an area of a unit to new ac- States and consented to by Congress pursu- individual parcel of the landowner. cess and uses that adversely affect resources ant to Public Law 106–288 (114 Stat. 919). (e) EFFECT OF SECTION.—Nothing in this (b) SURVEY OF SOUTH BANK BOUNDARY values of the unit; or section— LINE.— (v) could interfere with the management (1) modifies any interest of the State of (1) SURVEY REQUIRED.— plan of the unit; Oklahoma or Texas, or the sovereignty, (A) IN GENERAL.—The Secretary shall com- (B) that is located within 300 feet from the property, or trust rights of any federally rec- mission a survey to identify the South Bank shore of a navigable water body; ognized Indian Tribe, relating to land lo- boundary line in the affected area. (C) that is not consistent with the purposes cated north of the South Bank boundary (B) REQUIREMENTS.—The survey shall— for which the unit of the National Wildlife line, as established by the survey; (i) adhere to the gradient boundary survey Refuge System was established; (2) modifies any land patented under the method; (D) that is designated as wilderness by Act of December 22, 1928 (45 Stat. 1069, chap- (ii) span the length of the affected area; Congress; or ter 47; 43 U.S.C. 1068) (commonly known as (iii) be conducted by 1 or more independent (E) that is within the Arctic National the ‘‘Color of Title Act’’), before the date of third-party surveyors that are— Wildlife Refuge. enactment of this Act; (I) licensed and qualified to conduct offi- (d) LIMITATION.—No Federal land may be (3) modifies or supersedes the Red River identified for selection or made available for cial gradient boundary surveys; and Boundary Compact enacted by the States of allotment within a unit of the National (II) selected by the Secretary, in consulta- Oklahoma and Texas and consented to by Wildlife Refuge System unless it has been tion with— Congress pursuant to Public Law 106–288 (114 authorized by an Act of Congress subsequent (aa) the Texas General Land Office; Stat. 919); to the date of enactment of this Act. Fur- (bb) the Oklahoma Commissioners of the (4) creates or reinstates any Indian res- ther, any proposed conveyance of land within Land Office, in consultation with the attor- ervation or any portion of such a reserva- a unit of the National Wildlife Refuge Sys- ney general of the State of Oklahoma; and tion; tem must have been identified by the Sec- (cc) each affected federally recognized In- (5) modifies any interest or any property or retary in accordance with subsection (c)(4) in dian Tribe; and trust rights of any individual Indian allot- the report to Congress required by sub- (iv) subject to the availability of appro- tee; or section (c) and include patent provisions priations, be completed not later than 2 (6) alters any valid right of the State of that the land remains subject to the laws years after the date of enactment of this Oklahoma or the Kiowa, Comanche, or and regulations governing the use and devel- Act. Apache Indian tribes to the mineral interest opment of the Refuge. (2) APPROVAL OF THE BOUNDARY SURVEY.— trust fund established under the Act of June SEC. 1120. RED RIVER GRADIENT BOUNDARY (A) IN GENERAL.—Not later than 60 days 12, 1926 (44 Stat. 740, chapter 572). SURVEY. after the date on which the survey or a por- (f) AUTHORIZATION OF APPROPRIATIONS.— (a) DEFINITIONS.—In this section: tion of the survey under paragraph (1)(A) is There is authorized to be appropriated to the (1) AFFECTED AREA.— completed, the Secretary shall submit the Secretary to carry out this section $1,000,000. (A) IN GENERAL.—The term ‘‘affected area’’ survey for approval to— SEC. 1121. SAN JUAN COUNTY SETTLEMENT IM- means land along the approximately 116-mile (i) the Texas General Land Office; PLEMENTATION. stretch of the Red River, from its confluence (ii) the Oklahoma Commissioners of the (a) EXCHANGE OF COAL PREFERENCE RIGHT with the north fork of the Red River on the Land Office, in consultation with the attor- LEASE APPLICATIONS.— west to the 98th meridian on the east. ney general of the State of Oklahoma; and (1) DEFINITION OF BIDDING RIGHT.—In this (B) EXCLUSIONS.—The term ‘‘affected area’’ (iii) each affected federally recognized In- subsection, the term ‘‘bidding right’’ means does not include the portion of the Red River dian Tribe. an appropriate legal instrument or other within the boundary depicted on the survey (B) TIMING OF APPROVAL.—Not later than 60 written documentation, including an entry prepared by the Bureau of Land Management days after the date on which each of the in an account managed by the Secretary,

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issued or created under subpart 3435 of title (1) CANCELLATION OF CERTAIN SELECTIONS.— (4) BOUNDARY.—For purposes of this sub- 43, Code of Federal Regulations, that may be The land selections made by the Navajo Na- section and the Act referred to in paragraph used— tion pursuant to Public Law 93–531 (com- (1), the present boundary of the Navajo Res- (A) in lieu of a monetary payment for 50 monly known as the ‘‘Navajo-Hopi Land Set- ervation is depicted on the map entitled percent of a bonus bid for a coal lease sale tlement Act of 1974’’) (88 Stat. 1712) that are ‘‘Navajo Nation Boundary’’ and dated No- under the Mineral Leasing Act (30 U.S.C. 181 depicted on the map entitled ‘‘Navajo-Hopi vember 16, 2015. et seq.); or Land Settlement Act Selected Lands’’ and (c) DESIGNATION OF AH-SHI-SLE-PAH WIL- (B) as a monetary credit against 50 percent dated April 2, 2015, are cancelled. DERNESS.— of any rental or royalty payments due under (2) AUTHORIZATION FOR NEW SELECTION.— (1) IN GENERAL.—In accordance with the any Federal coal lease. (A) IN GENERAL.—Subject to subparagraphs Wilderness Act (16 U.S.C. 1131 et seq.), the (2) USE OF BIDDING RIGHT.— (B), (C), and (D) and paragraph (3), the Nav- approximately 7,242 acres of land as gen- (A) IN GENERAL.—If the Secretary retires a ajo Nation may make new land selections in erally depicted on the map entitled ‘‘San coal preference right lease application under accordance with the Act referred to in para- Juan County Wilderness Designations’’ and the Mineral Leasing Act (30 U.S.C. 181 et graph (1) to replace the land selections can- dated April 2, 2015, is designated as wilder- seq.) by issuing a bidding right in exchange celled under that paragraph. ness and as a component of the National Wil- for the relinquishment of the coal preference (B) ACREAGE CAP.—The total acreage of derness Preservation System, which shall be right lease application, the bidding right land selected under subparagraph (A) shall known as the ‘‘Ah-shi-sle-pah Wilderness’’ subsequently may be used in lieu of 50 per- not exceed 15,000 acres of land. (referred to in this subsection as the ‘‘Wil- cent of the amount owed for any monetary (C) EXCLUSIONS.—The following land shall derness’’). payment of— not be eligible for selection under subpara- (2) MANAGEMENT.— (i) a bonus in a coal lease sale; or graph (A): (A) IN GENERAL.—Subject to valid existing (ii) rental or royalty under a Federal coal (i) Land within a unit of the National rights, the Wilderness shall be administered lease. Landscape Conservation System. by the Director of the Bureau of Land Man- (B) PAYMENT CALCULATION.— (ii) Land within— agement in accordance with this subsection (i) IN GENERAL.—The Secretary shall cal- (I) the Glade Run Recreation Area; and the Wilderness Act (16 U.S.C. 1131 et culate a payment of amounts owed to a rel- (II) the Fossil Forest Research Natural seq.), except that any reference in that Act evant State under section 35(a) of the Min- Area; or to the effective date of that Act shall be con- eral Leasing Act (30 U.S.C. 191(a)) based on (III) a special management area or area of sidered to be a reference to the date of enact- the combined value of the bidding rights and critical environmental concern identified in ment of this Act. amounts received. a land use plan developed under section 202 (B) ADJACENT MANAGEMENT.— (ii) AMOUNTS RECEIVED.—Except as pro- of the Federal Land Policy and Management (i) IN GENERAL.—Congress does not intend vided in this paragraph, for purposes of cal- Act of 1976 (43 U.S.C. 1712) that is in effect on for the designation of the Wilderness to cre- culating the payment of amounts owed to a the date of enactment of this Act. ate a protective perimeter or buffer zone relevant State under clause (i) only, a bid- (iii) Any land subject to a lease or contract around the Wilderness. ding right shall be considered amounts re- under the Mineral Leasing Act (30 U.S.C. 181 (ii) NONWILDERNESS ACTIVITIES.—The fact ceived. et seq.) or the Act of July 31, 1947 (commonly that nonwilderness activities or uses can be (C) REQUIREMENT.—The total number of known as the ‘‘Materials Act of 1947’’) (30 bidding rights issued by the Secretary under U.S.C. 601 et seq.) as of the date of the selec- seen or heard from areas within the Wilder- subparagraph (A) before October 1, 2029, shall tion. ness shall not preclude the conduct of the ac- not exceed the number of bidding rights that (iv) Land not under the jurisdiction of the tivities or uses outside the boundary of the reflect a value equivalent to $67,000,000. Bureau of Land Management. Wilderness. NCORPORATION OF ACQUIRED LAND AND (3) SOURCE OF PAYMENTS.—The Secretary (v) Land identified as ‘‘Parcels Excluded (C) I shall make payments to the relevant State from Selection’’ on the map entitled ‘‘Par- INTERESTS IN LAND.—Any land or interest in under paragraph (2) from monetary pay- cels excluded for selection under the San land that is within the boundary of the Wil- ments received by the Secretary when bid- Juan County Settlement Implementation derness that is acquired by the United States ding rights are exercised under this section. Act’’ and dated December 14, 2018. shall— (4) TREATMENT OF PAYMENTS.—A payment (D) DEADLINE.—Not later than 7 years after (i) become part of the Wilderness; and to a State under this subsection shall be the date of enactment of this Act, the Nav- (ii) be managed in accordance with— treated as a payment under section 35(a) of ajo Nation shall make all selections under (I) the Wilderness Act (16 U.S.C. 1131 et the Mineral Leasing Act (30 U.S.C. 191(a)). subparagraph (A). seq.); (5) TRANSFERABILITY; LIMITATION.— (E) WITHDRAWAL.—Any land selected by (II) this subsection; and (A) TRANSFERABILITY.—A bidding right the Navajo Nation under subparagraph (A) (III) any other applicable laws. issued for a coal preference right lease appli- shall be withdrawn from disposal, leasing, (D) GRAZING.—Grazing of livestock in the cation under the Mineral Leasing Act (30 and development until the date on which the Wilderness, where established before the U.S.C. 181 et seq.) shall be fully transferable selected land is placed into trust for the Nav- date of enactment of this Act, shall be al- to any other person. ajo Nation. lowed to continue in accordance with— (B) NOTIFICATION OF SECRETARY.—A person (3) EQUAL VALUE.— (i) section 4(d)(4) of the Wilderness Act (16 who transfers a bidding right shall notify the (A) IN GENERAL.—Notwithstanding the U.S.C. 1133(d)(4)); and Secretary of the transfer by any method de- acreage limitation in the second proviso of (ii) the guidelines set forth in the report of termined to be appropriate by the Secretary. section 11(c) of Public Law 93–531 (commonly the Committee on Interior and Insular Af- (C) EFFECTIVE PERIOD.— known as the ‘‘Navajo-Hopi Land Settlement fairs of the House of Representatives accom- (i) IN GENERAL.—A bidding right issued Act of 1974’’) (25 U.S.C. 640d–10(c)) and sub- panying H.R. 5487 of the 96th Congress (H. under the Mineral Leasing Act (30 U.S.C. 181 ject to paragraph (2)(B), the value of the land Rept. 96–617). et seq.) shall terminate on the expiration of selected under paragraph (2)(A) and the land (3) RELEASE OF WILDERNESS STUDY AREAS.— the 7-year period beginning on the date the subject to selections cancellation under Congress finds that, for the purposes of sec- bidding right is issued. paragraph (1) shall be equal, based on ap- tion 603(c) of the Federal Land Policy and (ii) TOLLING OF PERIOD.—The 7-year period praisals conducted under subparagraph (B). Management Act of 1976 (43 U.S.C. 1782(c)), described in clause (i) shall be tolled during (B) APPRAISALS.— the land within the Ah-shi-sle-pah Wilder- any period in which exercise of the bidding (i) IN GENERAL.—The value of the land se- ness Study Area not designated as wilderness right is precluded by temporary injunctive lected under paragraph (2)(A) and the land by this subsection has been adequately stud- relief granted under, or administrative, leg- subject to selections cancelled under para- ied for wilderness designation and is no islative, or judicial suspension of, the Fed- graph (1) shall be determined by appraisals longer subject to section 603(c) of the Federal eral coal leasing program. conducted in accordance with— Land Policy and Management Act of 1976 (43 (6) DEADLINE.— (I) the Uniform Appraisal Standards for U.S.C. 1782(c)). (A) IN GENERAL.—If an existing settlement Federal Land Acquisitions; and (d) EXPANSION OF BISTI/DE-NA-ZIN WILDER- of a coal preference right lease application (II) the Uniform Standards of Professional NESS.— has not been implemented as of the date of Appraisal Practice. (1) IN GENERAL.—There is designated as wil- enactment of this Act, not later than 180 (ii) TIMING.— derness and as a component of the National days after that date of enactment, the Sec- (I) LAND SUBJECT TO SELECTIONS CAN- Wilderness Preservation System certain Fed- retary shall complete the bidding rights CELLED.—Not later than 18 months after the eral land comprising approximately 2,250 valuation process in accordance with the date of enactment of this Act, the appraisal acres, as generally depicted on the map enti- terms of the settlement. under clause (i) of the land subject to selec- tled ‘‘San Juan County Wilderness Designa- (B) DATE OF VALUATION.—For purposes of tions cancelled under paragraph (1) shall be tions’’ and dated April 2, 2015, which is incor- the valuation process under subparagraph completed. porated in and shall be considered to be a (A), the market price of coal shall be deter- (II) NEW SELECTIONS.—The appraisals under part of the Bisti/De-Na-Zin Wilderness. mined as of the date of the settlement. clause (i) of the land selected under para- (2) ADMINISTRATION.—Subject to valid ex- (b) CERTAIN LAND SELECTIONS OF THE NAV- graph (2)(A) shall be completed as the Navajo isting rights, the land designated as wilder- AJO NATION.— Nation finalizes those land selections. ness by paragraph (1) shall be administered

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2159 by the Director of the Bureau of Land Man- tion 401(e) of division I of the Omnibus Parks dated September 27, 2018, which shall be agement (referred to in this subsection as and Public Lands Management Act of 1996 known as the ‘‘East Potrillo Mountains Wil- the ‘‘Director’’), in accordance with— (Public Law 104–333; 110 Stat. 4148; 123 Stat. derness’’. (A) the Wilderness Act (16 U.S.C. 1131 et 1108) is amended by striking ‘‘Omnibus Pub- (E) MOUNT RILEY WILDERNESS.—Certain seq.), except that any reference in that Act lic Land Management Act of 2009’’ and in- land administered by the Bureau of Land to the effective date of that Act shall be con- serting ‘‘Natural Resources Management Management in Don˜ a Ana and Luna counties sidered to be a reference to the date of enact- Act’’. comprising approximately 8,382 acres, as gen- ment of this Act; and SEC. 1123. ASHLEY SPRINGS LAND CONVEYANCE. erally depicted on the map entitled ‘‘Potrillo (B) the San Juan Basin Wilderness Protec- (a) CONVEYANCE.—Subject to valid existing Mountains Complex’’ and dated September tion Act of 1984 (Public Law 98–603; 98 Stat. rights, at the request of Uintah County, 27, 2018, which shall be known as the ‘‘Mount 3155; 110 Stat. 4211). Utah (referred to in this section as the Riley Wilderness’’. (3) ADJACENT MANAGEMENT.— ‘‘County’’), the Secretary shall convey to the (F) ORGAN MOUNTAINS WILDERNESS.—Cer- (A) IN GENERAL.—Congress does not intend County, without consideration, the approxi- tain land administered by the Bureau of for the designation of the land as wilderness mately 791 acres of public land administered Land Management in Don˜ a Ana County com- by paragraph (1) to create a protective pe- by the Bureau of Land Management, as gen- prising approximately 19,916 acres, as gen- rimeter or buffer zone around that land. erally depicted on the map entitled ‘‘Ashley erally depicted on the map entitled ‘‘Organ (B) NONWILDERNESS ACTIVITIES.—The fact Springs Property’’ and dated February 4, Mountains Area’’ and dated September 21, that nonwilderness activities or uses can be 2019, subject to the following restrictions: 2016, which shall be known as the ‘‘Organ seen or heard from areas within the land des- (1) The conveyed land shall be managed as Mountains Wilderness’’, the boundary of ignated as wilderness by paragraph (1) shall open space to protect the watershed and un- which shall be offset 400 feet from the center- not preclude the conduct of the activities or derground karst system and aquifer. line of Dripping Springs Road in T. 23 S., R. uses outside the boundary of that land. (2) Mining or any form of mineral develop- 04 E., sec. 7, New Mexico Principal Meridian. (4) INCORPORATION OF ACQUIRED LAND AND ment on the conveyed land is prohibited. (G) POTRILLO MOUNTAINS WILDERNESS.—Cer- INTERESTS IN LAND.—Any land or interest in (3) The County shall allow for non-motor- tain land administered by the Bureau of land that is within the boundary of the land ized public recreation access on the conveyed Land Management in Don˜ a Ana and Luna designated as wilderness by paragraph (1) land. counties comprising approximately 105,085 that is acquired by the United States shall— (4) No new roads may be constructed on the acres, as generally depicted on the map enti- (A) become part of the Bisti/De-Na-Zin Wil- conveyed land. tled ‘‘Potrillo Mountains Complex’’ and derness; and (b) REVERSION.—A conveyance under sub- dated September 27, 2018, which shall be (B) be managed in accordance with— section (a) shall include a reversionary known as the ‘‘Potrillo Mountains Wilder- (i) the Wilderness Act (16 U.S.C. 1131 et clause to ensure that management of the ness’’. seq.); land described in that subsection shall revert (H) ROBLEDO MOUNTAINS WILDERNESS.—Cer- (ii) the San Juan Basin Wilderness Protec- to the Secretary if the land is no longer tain land administered by the Bureau of ˜ tion Act of 1984 (Public Law 98–603; 98 Stat. being managed in accordance with that sub- Land Management in Dona Ana County com- 3155; 110 Stat. 4211); section. prising approximately 16,776 acres, as gen- (iii) this subsection; and erally depicted on the map entitled ‘‘Desert Subtitle C—Wilderness Designations and Peaks Complex’’ and dated October 1, 2018, (iv) any other applicable laws. Withdrawals (5) GRAZING.—Grazing of livestock in the which shall be known as the ‘‘Robledo Moun- land designated as wilderness by paragraph PART I—GENERAL PROVISIONS tains Wilderness’’. (1), where established before the date of en- SEC. 1201. ORGAN MOUNTAINS-DESERT PEAKS (I) SIERRA DE LAS UVAS WILDERNESS.—Cer- actment of this Act, shall be allowed to con- CONSERVATION. tain land administered by the Bureau of tinue in accordance with— (a) DEFINITIONS.—In this section: Land Management in Don˜ a Ana County com- (A) section 4(d)(4) of the Wilderness Act (16 (1) MONUMENT.—The term ‘‘Monument’’ prising approximately 11,114 acres, as gen- U.S.C. 1133(d)(4)); and means the Organ Mountains-Desert Peaks erally depicted on the map entitled ‘‘Desert (B) the guidelines set forth in the report of National Monument established by Presi- Peaks Complex’’ and dated October 1, 2018, the Committee on Interior and Insular Af- dential Proclamation 9131 (79 Fed. Reg. which shall be known as the ‘‘Sierra de las fairs of the House of Representatives accom- 30431). Uvas Wilderness’’. panying H.R. 5487 of the 96th Congress (H. (2) STATE.—The term ‘‘State’’ means the (J) WHITETHORN WILDERNESS.—Certain land Rept. 96–617). State of New Mexico. administered by the Bureau of Land Manage- (e) ROAD MAINTENANCE.— (3) WILDERNESS AREA.—The term ‘‘wilder- ment in Don˜ a Ana and Luna counties com- (1) IN GENERAL.—Subject to paragraph (2), ness area’’ means a wilderness area des- prising approximately 9,616 acres, as gen- the Secretary, acting through the Director ignated by subsection (b)(1). erally depicted on the map entitled ‘‘Potrillo of the Bureau of Indian Affairs, shall ensure (b) DESIGNATION OF WILDERNESS AREAS.— Mountains Complex’’ and dated September that L–54 between I–40 and Alamo, New Mex- (1) IN GENERAL.—In accordance with the 27, 2018, which shall be known as the ico, is maintained in a condition that is safe Wilderness Act (16 U.S.C. 1131 et seq.), the ‘‘Whitethorn Wilderness’’. for motorized use. following areas in the State are designated (2) MAPS AND LEGAL DESCRIPTIONS.— as wilderness and as components of the Na- (2) USE OF FUNDS.—In carrying out para- (A) IN GENERAL.—As soon as practicable graph (1), the Secretary and the Director of tional Wilderness Preservation System: after the date of enactment of this Act, the the Bureau of Indian Affairs may not require (A) ADEN LAVA FLOW WILDERNESS.—Certain Secretary shall file maps and legal descrip- any Indian Tribe to use any funds— land administered by the Bureau of Land tions of the wilderness areas with— ˜ (A) owned by the Indian Tribe; or Management in Dona Ana County com- (i) the Committee on Energy and Natural (B) provided to the Indian Tribe pursuant prising approximately 27,673 acres, as gen- Resources of the Senate; and to a contract under the Indian Self-Deter- erally depicted on the map entitled ‘‘Potrillo (ii) the Committee on Natural Resources of mination and Education Assistance Act (25 Mountains Complex’’ and dated September the House of Representatives. U.S.C. 5304 et seq.). 27, 2018, which shall be known as the ‘‘Aden (B) FORCE OF LAW.—The maps and legal de- Lava Flow Wilderness’’. scriptions filed under subparagraph (A) shall (3) ROAD UPGRADE.— (B) BROAD CANYON WILDERNESS.—Certain have the same force and effect as if included (A) IN GENERAL.—Nothing in this sub- section requires the Secretary or any Indian land administered by the Bureau of Land in this section, except that the Secretary ˜ Tribe to upgrade the condition of L–54 as of Management in Dona Ana County com- may correct errors in the maps and legal de- the date of enactment of this Act. prising approximately 13,902 acres, as gen- scriptions. erally depicted on the map entitled ‘‘Desert (C) PUBLIC AVAILABILITY.—The maps and (B) WRITTEN AGREEMENT.—An upgrade to L–54 may not be made without the written Peaks Complex’’ and dated October 1, 2018, legal descriptions filed under subparagraph agreement of the Pueblo of Laguna. which shall be known as the ‘‘Broad Canyon (A) shall be on file and available for public Wilderness’’. inspection in the appropriate offices of the (4) INVENTORY.—Nothing in this subsection requires L–54 to be placed on the National (C) CINDER CONE WILDERNESS.—Certain land Bureau of Land Management. Tribal Transportation Facility Inventory. administered by the Bureau of Land Manage- (3) MANAGEMENT.—Subject to valid existing ment in Don˜ a Ana County comprising ap- rights, the wilderness areas shall be adminis- SEC. 1122. RIO PUERCO WATERSHED MANAGE- MENT PROGRAM. proximately 16,935 acres, as generally de- tered by the Secretary— (a) REAUTHORIZATION OF THE RIO PUERCO picted on the map entitled ‘‘Potrillo Moun- (A) as components of the National Land- MANAGEMENT COMMITTEE.—Section 401(b)(4) tains Complex’’ and dated September 27, 2018, scape Conservation System; and of division I of the Omnibus Parks and Pub- which shall be known as the ‘‘Cinder Cone (B) in accordance with— lic Lands Management Act of 1996 (Public Wilderness’’. (i) this section; and Law 104–333; 110 Stat. 4147; 123 Stat. 1108) is (D) EAST POTRILLO MOUNTAINS WILDER- (ii) the Wilderness Act (16 U.S.C. 1131 et amended by striking ‘‘Omnibus Public Land NESS.—Certain land administered by the Bu- seq.), except that— Management Act of 2009’’ and inserting reau of Land Management in Don˜ a Ana and (I) any reference in the Wilderness Act to ‘‘Natural Resources Management Act’’. Luna counties comprising approximately the effective date of that Act shall be consid- (b) REAUTHORIZATION OF THE RIO PUERCO 12,155 acres, as generally depicted on the map ered to be a reference to the date of enact- WATERSHED MANAGEMENT PROGRAM.—Sec- entitled ‘‘Potrillo Mountains Complex’’ and ment of this Act; and

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2160 CONGRESSIONAL RECORD — HOUSE February 26, 2019 (II) any reference in the Wilderness Act to (iii) operation of the mineral leasing, min- Army providing for the conduct of military the Secretary of Agriculture shall be consid- eral materials, and geothermal leasing laws. training on the parcel. ered to be a reference to the Secretary. (B) PARCEL B.—The approximately 6,498 (II) REQUIREMENTS.—The memorandum of (4) INCORPORATION OF ACQUIRED LAND AND acres of land generally depicted as ‘‘Parcel understanding entered into under subclause INTERESTS IN LAND.—Any land or interest in B’’ on the map entitled ‘‘Organ Mountains (I) shall— land that is within the boundary of a wilder- Area’’ and dated September 21, 2016, is with- (aa) address the location, frequency, and ness area that is acquired by the United drawn in accordance with subparagraph (A), type of training activities to be conducted on States shall— except that the land is not withdrawn for the parcel; (A) become part of the wilderness area purposes of the issuance of oil and gas pipe- (bb) provide to the Secretary of the Army within the boundaries of which the land is line or road rights-of-way. access to the parcel for the conduct of mili- located; and (C) PARCEL C.—The approximately 1,297 tary training; (B) be managed in accordance with— acres of land generally depicted as ‘‘Parcel (cc) authorize the Secretary or the Sec- (i) the Wilderness Act (16 U.S.C. 1131 et C’’ on the map entitled ‘‘Organ Mountains retary of the Army to close the parcel or a seq.); Area’’ and dated September 21, 2016, is with- portion of the parcel to the public as the (ii) this section; and drawn in accordance with subparagraph (A), Secretary or the Secretary of the Army de- (iii) any other applicable laws. except that the land is not withdrawn from termines to be necessary to protect— (5) GRAZING.—Grazing of livestock in the disposal under the Act of June 14, 1926 (com- wilderness areas, where established before monly known as the ‘‘Recreation and Public (AA) public safety; or the date of enactment of this Act, shall be Purposes Act’’) (43 U.S.C. 869 et seq.). (BB) the safety of the military members administered in accordance with— (D) PARCEL D.— training; and (A) section 4(d)(4) of the Wilderness Act (16 (i) IN GENERAL.—The Secretary of the (dd) to the maximum extent practicable, U.S.C. 1133(d)(4)); and Army shall allow for the conduct of certain (B) the guidelines set forth in Appendix A recreational activities on the approximately provide for the protection of natural, his- of the Report of the Committee on Interior 2,035 acres of land generally depicted as toric, and cultural resources in the area of and Insular Affairs to accompany H.R. 2570 of ‘‘Parcel D’’ on the map entitled ‘‘Organ the parcel. the 101st Congress (H. Rept. 101–405). Mountains Area’’ and dated September 21, (vi) MILITARY OVERFLIGHTS.—Nothing in (6) MILITARY OVERFLIGHTS.—Nothing in 2016 (referred to in this paragraph as the this subparagraph restricts or precludes— this subsection restricts or precludes— ‘‘parcel’’), which is a portion of the public (I) low-level overflights of military aircraft (A) low-level overflights of military air- land withdrawn and reserved for military over the parcel, including military over- craft over the wilderness areas, including purposes by Public Land Order 833 dated May flights that can be seen or heard within the military overflights that can be seen or 21, 1952 (17 Fed. Reg. 4822). parcel; heard within the wilderness areas; (ii) OUTDOOR RECREATION PLAN.— (II) the designation of new units of special (B) the designation of new units of special (I) IN GENERAL.—The Secretary of the airspace over the parcel; or airspace over the wilderness areas; or Army shall develop a plan for public outdoor (III) the use or establishment of military (C) the use or establishment of military recreation on the parcel that is consistent flight training routes over the parcel. flight training routes over the wilderness with the primary military mission of the (12) ROBLEDO MOUNTAINS.— areas. parcel. (A) IN GENERAL.—The Secretary shall man- (7) BUFFER ZONES.— (II) REQUIREMENT.—In developing the plan age the Federal land described in subpara- (A) IN GENERAL.—Nothing in this sub- under subclause (I), the Secretary of the graph (B) in a manner that preserves the section creates a protective perimeter or Army shall ensure, to the maximum extent character of the land for the future inclusion buffer zone around any wilderness area. practicable, that outdoor recreation activi- of the land in the National Wilderness Pres- (B) ACTIVITIES OUTSIDE WILDERNESS ties may be conducted on the parcel, includ- ervation System. AREAS.—The fact that an activity or use on ing hunting, hiking, wildlife viewing, and (B) LAND DESCRIPTION.—The land referred land outside any wilderness area can be seen camping. to in subparagraph (A) is certain land admin- or heard within the wilderness area shall not (iii) CLOSURES.—The Secretary of the istered by the Bureau of Land Management, preclude the activity or use outside the Army may close the parcel or any portion of comprising approximately 100 acres as gen- boundary of the wilderness area. the parcel to the public as the Secretary of erally depicted as ‘‘Lookout Peak Commu- (8) PARAGLIDING.—The use of paragliding the Army determines to be necessary to pro- nication Site’’ on the map entitled ‘‘Desert within areas of the East Potrillo Mountains tect— Peaks Complex’’ and dated October 1, 2018. Wilderness designated by paragraph (1)(D) in (I) public safety; or (C) USES.—The Secretary shall permit only which the use has been established before the (II) the safety of the military members date of enactment of this Act, shall be al- such uses on the land described in subpara- training on the parcel. graph (B) as were permitted on the date of lowed to continue in accordance with section (iv) TRANSFER OF ADMINISTRATIVE JURISDIC- enactment of this Act. 4(d)(1) of the Wilderness Act (16 U.S.C. TION; WITHDRAWAL.— (13) RELEASE OF WILDERNESS STUDY 1133(d)(1)), subject to any terms and condi- (I) IN GENERAL.—On a determination by the AREAS.—Congress finds that, for purposes of tions that the Secretary determines to be Secretary of the Army that military train- section 603(c) of the Federal Land Policy and necessary. ing capabilities, personnel safety, and instal- Management Act of 1976 (43 U.S.C. 1782(c)), (9) CLIMATOLOGIC DATA COLLECTION.—Sub- lation security would not be hindered as a ˜ ject to such terms and conditions as the Sec- result of the transfer to the Secretary of ad- the public land in Dona Ana County adminis- retary may prescribe, nothing in this section ministrative jurisdiction over the parcel, the tered by the Bureau of Land Management precludes the installation and maintenance Secretary of the Army shall transfer to the not designated as wilderness by paragraph (1) of hydrologic, meteorologic, or climatologic Secretary administrative jurisdiction over or described in paragraph (12)— collection devices in wilderness areas if the the parcel. (A) has been adequately studied for wilder- facilities and access to the facilities are es- (II) WITHDRAWAL.—On transfer of the par- ness designation; sential to flood warning, flood control, or cel under subclause (I), the parcel shall be— (B) is no longer subject to section 603(c) of water reservoir operation activities. (aa) under the jurisdiction of the Director the Federal Land Policy and Management (10) FISH AND WILDLIFE.—Nothing in this of the Bureau of Land Management; and Act of 1976 (43 U.S.C. 1782(c)); and section affects the jurisdiction of the State (bb) withdrawn from— (C) shall be managed in accordance with— with respect to fish and wildlife located on (AA) entry, appropriation, or disposal (i) the Federal Land Policy and Manage- public land in the State, except that the Sec- under the public land laws; ment Act of 1976 (43 U.S.C. 1701 et seq.); retary, after consultation with the New Mex- (BB) location, entry, and patent under the (ii) this section; and ico Department of Game and Fish, may des- mining laws; and (iii) any other applicable laws. ignate zones where, and establish periods (CC) operation of the mineral leasing, min- (14) PRIVATE LAND.—In accordance with during which, no hunting or fishing shall be eral materials, and geothermal leasing laws. section 5 of the Wilderness Act (16 U.S.C. permitted for reasons of public safety, ad- (III) RESERVATION.—On transfer under sub- 1134), the Secretary shall ensure adequate ac- ministration, or compliance with applicable clause (I), the parcel shall be reserved for cess to non-Federal land located within the law. management of the resources of, and mili- boundary of a wilderness area. (11) WITHDRAWALS.— tary training conducted on, the parcel in ac- (A) IN GENERAL.—Subject to valid existing cordance with a memorandum of under- (c) BORDER SECURITY.— rights, the Federal land within the wilder- standing entered into under clause (v). (1) IN GENERAL.—Nothing in this section— ness areas and any land or interest in land (v) MEMORANDUM OF UNDERSTANDING RELAT- (A) prevents the Secretary of Homeland that is acquired by the United States in the ING TO MILITARY TRAINING.— Security from undertaking law enforcement wilderness areas after the date of enactment (I) IN GENERAL.—If, after the transfer of the and border security activities, in accordance of this Act is withdrawn from— parcel under clause (iv)(I), the Secretary of with section 4(c) of the Wilderness Act (16 (i) entry, appropriation, or disposal under the Army requests that the Secretary enter U.S.C. 1133(c)), within the wilderness areas, the public land laws; into a memorandum of understanding, the including the ability to use motorized access (ii) location, entry, and patent under the Secretary shall enter into a memorandum of within a wilderness area while in pursuit of mining laws; and understanding with the Secretary of the a suspect;

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(B) affects the 2006 Memorandum of Under- States in and to Bureau of Land Manage- (2) WILDERNESS AREA.—The term ‘‘wilder- standing among the Department of Home- ment land in the State identified under sub- ness area’’ means a wilderness area des- land Security, the Department of the Inte- paragraph (B) in exchange for the convey- ignated by subsection (b)(1). rior, and the Department of Agriculture re- ance by the State to the Secretary of all (b) DESIGNATION OF CERRO DEL YUTA AND garding cooperative national security and right, title, and interest of the State in and RI´O SAN ANTONIO WILDERNESS AREAS.— counterterrorism efforts on Federal land to parcels of State trust land within the (1) IN GENERAL.—In accordance with the along the borders of the United States; or boundary of the Monument identified under Wilderness Act (16 U.S.C. 1131 et seq.), the (C) prevents the Secretary of Homeland Se- that subparagraph or described in paragraph following areas in the Rı´o Grande del Norte curity from conducting any low-level over- (2)(B). National Monument are designated as wil- flights over the wilderness areas that may be (B) IDENTIFICATION OF LAND FOR EX- derness and as components of the National necessary for law enforcement and border se- CHANGE.—The Secretary and the Commis- Wilderness Preservation System: curity purposes. sioner of Public Lands of New Mexico shall (A) CERRO DEL YUTA WILDERNESS.—Certain (2) WITHDRAWAL AND ADMINISTRATION OF jointly identify the Bureau of Land Manage- land administered by the Bureau of Land CERTAIN AREA.— ment land and State trust land eligible for Management in Taos County, New Mexico, (A) WITHDRAWAL.—The area identified as exchange under this paragraph, the exact comprising approximately 13,420 acres as ‘‘Parcel A’’ on the map entitled ‘‘Potrillo acreage and legal description of which shall generally depicted on the map, which shall Mountains Complex’’ and dated September be determined by surveys approved by the be known as the ‘‘Cerro del Yuta Wilder- 27, 2018, is withdrawn in accordance with sub- Secretary and the New Mexico State Land ness’’. ´ section (b)(11)(A). Office. (B) RIO SAN ANTONIO WILDERNESS.—Certain (B) ADMINISTRATION.—Except as provided (C) APPLICABLE LAW.—A land exchange land administered by the Bureau of Land ´ in subparagraphs (C) and (D), the Secretary under subparagraph (A) shall be carried out Management in Rıo Arriba County, New shall administer the area described in sub- in accordance with section 206 of the Federal Mexico, comprising approximately 8,120 paragraph (A) in a manner that, to the max- Land Policy and Management Act of 1976 (43 acres, as generally depicted on the map, ´ imum extent practicable, protects the wil- U.S.C. 1716). which shall be known as the ‘‘Rıo San Anto- nio Wilderness’’. derness character of the area. (D) CONDITIONS.—A land exchange under (C) USE OF MOTOR VEHICLES.—The use of subparagraph (A) shall be subject to— (2) MANAGEMENT OF WILDERNESS AREAS.— motor vehicles, motorized equipment, and (i) valid existing rights; and Subject to valid existing rights, the wilder- ness areas shall be administered in accord- mechanical transport shall be prohibited in (ii) such terms as the Secretary and the ance with the Wilderness Act (16 U.S.C. 1131 the area described in subparagraph (A) ex- State shall establish. et seq.) and this section, except that with re- cept as necessary for— (E) VALUATION, APPRAISALS, AND EQUALI- (i) the administration of the area (includ- spect to the wilderness areas designated by ZATION.— ing the conduct of law enforcement and bor- this section— (i) IN GENERAL.—The value of the Bureau of (A) any reference to the effective date of der security activities in the area); or Land Management land and the State trust the Wilderness Act shall be considered to be (ii) grazing uses by authorized permittees. land to be conveyed in a land exchange under a reference to the date of enactment of this (D) EFFECT OF SUBSECTION.—Nothing in this paragraph— this paragraph precludes the Secretary from Act; and (I) shall be equal, as determined by ap- allowing within the area described in sub- (B) any reference in the Wilderness Act to praisals conducted in accordance with clause paragraph (A) the installation and mainte- the Secretary of Agriculture shall be consid- (ii); or nance of communication or surveillance in- ered to be a reference to the Secretary. (II) if not equal, shall be equalized in ac- frastructure necessary for law enforcement (3) INCORPORATION OF ACQUIRED LAND AND cordance with clause (iii). or border security activities. INTERESTS IN LAND.—Any land or interest in (ii) APPRAISALS.— (3) RESTRICTED ROUTE.—The route excluded land within the boundary of the wilderness (I) IN GENERAL.—The Bureau of Land Man- from the Potrillo Mountains Wilderness areas that is acquired by the United States agement land and State trust land to be ex- identified as ‘‘Restricted—Administrative shall— changed under this paragraph shall be ap- Access’’ on the map entitled ‘‘Potrillo Moun- (A) become part of the wilderness area in tains Complex’’ and dated September 27, 2018, praised by an independent, qualified ap- which the land is located; and shall be— praiser that is agreed to by the Secretary (B) be managed in accordance with— (A) closed to public access; but and the State. (i) the Wilderness Act (16 U.S.C. 1131 et (B) available for administrative and law (II) REQUIREMENTS.—An appraisal under seq.); enforcement uses, including border security subclause (I) shall be conducted in accord- (ii) this section; and activities. ance with— (iii) any other applicable laws. (d) ORGAN MOUNTAINS-DESERT PEAKS NA- (aa) the Uniform Appraisal Standards for (4) GRAZING.—Grazing of livestock in the TIONAL MONUMENT.— Federal Land Acquisitions; and wilderness areas, where established before (1) MANAGEMENT PLAN.—In preparing and (bb) the Uniform Standards of Professional the date of enactment of this Act, shall be implementing the management plan for the Appraisal Practice. administered in accordance with— Monument, the Secretary shall include a wa- (iii) EQUALIZATION.— (A) section 4(d)(4) of the Wilderness Act (16 tershed health assessment to identify oppor- (I) IN GENERAL.—If the value of the Bureau U.S.C. 1133(d)(4)); and tunities for watershed restoration. of Land Management land and the State (B) the guidelines set forth in appendix A (2) INCORPORATION OF ACQUIRED STATE trust land to be conveyed in a land exchange of the Report of the Committee on Interior TRUST LAND AND INTERESTS IN STATE TRUST under this paragraph is not equal, the value and Insular Affairs to accompany H.R. 2570 of LAND.— may be equalized by— the 101st Congress (H. Rept. 101–405). (A) IN GENERAL.—Any land or interest in (aa) making a cash equalization payment (5) BUFFER ZONES.— land that is within the State trust land de- to the Secretary or to the State, as appro- (A) IN GENERAL.—Nothing in this section scribed in subparagraph (B) that is acquired priate, in accordance with section 206(b) of creates a protective perimeter or buffer zone by the United States shall— the Federal Land Policy and Management around the wilderness areas. (i) become part of the Monument; and Act of 1976 (43 U.S.C. 1716(b)); or (B) ACTIVITIES OUTSIDE WILDERNESS (ii) be managed in accordance with— (bb) reducing the acreage of the Bureau of AREAS.—The fact that an activity or use on (I) Presidential Proclamation 9131 (79 Fed. Land Management land or State trust land land outside a wilderness area can be seen or Reg. 30431); to be exchanged, as appropriate. heard within the wilderness area shall not (II) this section; and (II) CASH EQUALIZATION PAYMENTS.—Any preclude the activity or use outside the (III) any other applicable laws. cash equalization payments received by the boundary of the wilderness area. (B) DESCRIPTION OF STATE TRUST LAND.— Secretary under subclause (I)(aa) shall be— (6) RELEASE OF WILDERNESS STUDY AREAS.— The State trust land referred to in subpara- (aa) deposited in the Federal Land Disposal Congress finds that, for purposes of section graph (A) is the State trust land in T. 22 S., Account established by section 206(a) of the 603(c) of the Federal Land Policy and Man- R 01 W., New Mexico Principal Meridian and Federal Land Transaction Facilitation Act agement Act of 1976 (43 U.S.C. 1782(c)), the T. 22 S., R. 02 W., New Mexico Principal Me- (43 U.S.C. 2305(a)); and public land within the San Antonio Wilder- ridian. (bb) used in accordance with that Act. ness Study Area not designated as wilderness (3) LAND EXCHANGES.— (F) LIMITATION.—No exchange of land shall by this section— (A) IN GENERAL.—Subject to subparagraphs be conducted under this paragraph unless (A) has been adequately studied for wilder- (C) through (F), the Secretary shall attempt mutually agreed to by the Secretary and the ness designation; to enter into an agreement to initiate an ex- State. (B) is no longer subject to section 603(c) of change under section 2201.1 of title 43, Code SEC. 1202. CERRO DEL YUTA AND RI´O SAN ANTO- the Federal Land Policy and Management of Federal Regulations (or successor regula- NIO WILDERNESS AREAS. Act of 1976 (43 U.S.C. 1782(c)); and tions), with the Commissioner of Public (a) DEFINITIONS.—In this section: (C) shall be managed in accordance with Lands of New Mexico, by the date that is 18 (1) MAP.—The term ‘‘map’’ means the map this section. months after the date of enactment of this entitled ‘‘Rı´o Grande del Norte National (7) MAPS AND LEGAL DESCRIPTIONS.— Act, to provide for a conveyance to the State Monument Proposed Wilderness Areas’’ and (A) IN GENERAL.—As soon as practicable of all right, title, and interest of the United dated July 28, 2015. after the date of enactment of this Act, the

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Secretary shall file the map and legal de- (c) ACQUIRED LAND.—Any land or interest ness boundary in T. 33 S., R. 8 W., sec. 11, scriptions of the wilderness areas with— in land within the area depicted on the map Willamette Meridian, as a scenic river. (i) the Committee on Energy and Natural that is acquired by the United States after ‘‘(II) WILD RIVER.—The approximately 2.6- Resources of the Senate; and the date of enactment of this Act shall, on mile segment of East Fork Whisky Creek (ii) the Committee on Natural Resources of acquisition, be immediately withdrawn in from the Wild Rogue Wilderness boundary in the House of Representatives. accordance with this section. T. 33 S., R. 8 W., sec. 11, Willamette Merid- (B) FORCE OF LAW.—The map and legal de- (d) MAP.— ian, downstream to road 33–8–26 crossing, as scriptions filed under subparagraph (A) shall (1) SUBMISSION OF MAP.—As soon as prac- a wild river. have the same force and effect as if included ticable after the date of enactment of this ‘‘(III) RECREATIONAL RIVER.—The approxi- in this section, except that the Secretary Act, the Secretary of Agriculture shall file mately 0.3-mile segment of East Fork Whis- may correct errors in the legal description the map with— ky Creek from road 33–8–26 to the confluence and map. (A) the Committee on Energy and Natural with Whisky Creek, as a recreational river. (C) PUBLIC AVAILABILITY.—The map and Resources of the Senate; and ‘‘(v) WEST FORK WHISKY CREEK.—The ap- legal descriptions filed under subparagraph (B) the Committee on Natural Resources of proximately 4.8-mile segment of West Fork (A) shall be on file and available for public the House of Representatives. Whisky Creek from its headwaters to the inspection in the appropriate offices of the (2) FORCE OF LAW.—The map filed under confluence with the East Fork Whisky Bureau of Land Management. paragraph (1) shall have the same force and Creek, as a wild river. (8) NATIONAL LANDSCAPE CONSERVATION SYS- effect as if included in this section, except ‘‘(vi) BIG WINDY CREEK.— TEM.—The wilderness areas shall be adminis- that the Secretary of Agriculture may cor- ‘‘(I) SCENIC RIVER.—The approximately 1.5- tered as components of the National Land- rect clerical and typographical errors in the mile segment of Big Windy Creek from its scape Conservation System. map. headwaters to road 34–9–17.1, as a scenic (9) FISH AND WILDLIFE.—Nothing in this (3) PUBLIC AVAILABILITY.—The map filed river. section affects the jurisdiction of the State under paragraph (1) shall be on file and avail- ‘‘(II) WILD RIVER.—The approximately 5.8- of New Mexico with respect to fish and wild- able for public inspection in the appropriate mile segment of Big Windy Creek from road life located on public land in the State. offices of the Forest Service and the Bureau 34–9–17.1 to the confluence with the Rogue (10) WITHDRAWALS.—Subject to valid exist- of Land Management. River, as a wild river. ing rights, any Federal land within the wil- (e) EFFECT.—Nothing in this section affects ‘‘(vii) EAST FORK BIG WINDY CREEK.— derness areas designated by paragraph (1), any recreational use, including hunting or ‘‘(I) SCENIC RIVER.—The approximately 0.2- including any land or interest in land that is fishing, that is authorized on land within the mile segment of East Fork Big Windy Creek acquired by the United States after the date area depicted on the map under applicable from its headwaters to road 34–8–36, as a sce- of enactment of this Act, is withdrawn law as of the date of enactment of this Act. nic river. from— SEC. 1205. OREGON WILDLANDS. ‘‘(II) WILD RIVER.—The approximately 3.7- (A) entry, appropriation, or disposal under (a) WILD AND SCENIC RIVER ADDITIONS, DES- mile segment of East Fork Big Windy Creek the public land laws; IGNATIONS AND TECHNICAL CORRECTIONS.— from road 34–8–36 to the confluence with Big (B) location, entry, and patent under the (1) ADDITIONS TO ROGUE WILD AND SCENIC Windy Creek, as a wild river. mining laws; and RIVER.— ‘‘(viii) LITTLE WINDY CREEK.— (C) operation of the mineral leasing, min- (A) IN GENERAL.—Section 3(a) of the Wild ‘‘(I) SCENIC RIVER.—The approximately 1.2- eral materials, and geothermal leasing laws. and Scenic Rivers Act (16 U.S.C. 1274(a)) is mile segment of Little Windy Creek from its (11) TREATY RIGHTS.—Nothing in this sec- amended by striking paragraph (5) and in- headwaters to the Wild Rogue Wilderness tion enlarges, diminishes, or otherwise modi- serting the following: boundary in T. 33 S., R. 9 W., sec. 33, Willam- fies any treaty rights. ‘‘(5) ROGUE, OREGON.— ette Meridian, as a scenic river. SEC. 1203. METHOW VALLEY, WASHINGTON, FED- ‘‘(A) IN GENERAL.—The segment of the river ‘‘(II) WILD RIVER.—The approximately 1.9- ERAL LAND WITHDRAWAL. extending from the mouth of the Applegate mile segment of Little Windy Creek from the (a) DEFINITION OF MAP.—In this section, River downstream to the Lobster Creek Wild Rogue Wilderness boundary in T. 33 S., the term ‘‘Map’’ means the Forest Service Bridge, to be administered by the Secretary R. 9 W., sec. 34, Willamette Meridian, to the map entitled ‘‘Methow Headwaters With- of the Interior or the Secretary of Agri- confluence with the Rogue River, as a wild drawal Proposal Legislative Map’’ and dated culture, as agreed to by the Secretaries of river. May 24, 2016. the Interior and Agriculture or as directed ‘‘(ix) HOWARD CREEK.— (b) WITHDRAWAL.—Subject to valid existing by the President. ‘‘(I) SCENIC RIVER.—The approximately 3.5- rights, the approximately 340,079 acres of ‘‘(B) ADDITIONS.—In addition to the seg- mile segment of Howard Creek from its head- Federal land and interests in the land lo- ment described in subparagraph (A), there waters to road 34–9–34, as a scenic river. cated in the Okanogan-Wenatchee National are designated the following segments in the ‘‘(II) WILD RIVER.—The approximately 6.9- Forest within the area depicted on the Map Rogue River: mile segment of Howard Creek from 0.1 miles as ‘‘Proposed Withdrawal’’ is withdrawn ‘‘(i) KELSEY CREEK.—The approximately downstream of road 34–9–34 to the confluence from all forms of— 6.8-mile segment of Kelsey Creek from the with the Rogue River, as a wild river. (1) entry, appropriation, or disposal under Wild Rogue Wilderness boundary in T. 32 S., ‘‘(III) WILD RIVER.—The approximately 3.5- the public land laws; R. 9 W., sec. 25, Willamette Meridian, to the mile segment of Anna Creek from its head- (2) location, entry, and patent under the confluence with the Rogue River, as a wild waters to the confluence with Howard Creek, mining laws; and river. as a wild river. (3) disposition under the mineral leasing ‘‘(ii) EAST FORK KELSEY CREEK.— ‘‘(x) MULE CREEK.— and geothermal leasing laws. (c) ACQUIRED LAND.—Any land or interest ‘‘(I) SCENIC RIVER.—The approximately 0.2- ‘‘(I) SCENIC RIVER.—The approximately 3.5- in land within the area depicted on the Map mile segment of East Fork Kelsey Creek mile segment of Mule Creek from its head- as ‘‘Proposed Withdrawal’’ that is acquired from headwaters downstream to the Wild waters downstream to the Wild Rogue Wil- by the United States after the date of enact- Rogue Wilderness boundary in T. 33 S., R. 8 derness boundary as a scenic river. ment of this Act shall, on acquisition, be im- W., sec. 5, Willamette Meridian, as a scenic ‘‘(II) WILD RIVER.—The approximately 7.8- mediately withdrawn in accordance with this river. mile segment of Mule Creek from the Wild section. ‘‘(II) WILD RIVER.—The approximately 4.6- Rogue Wilderness boundary in T. 32 S., R. 9 (d) AVAILABILITY OF MAP.—The Map shall mile segment of East Fork Kelsey Creek W., sec. 29, Willamette Meridian, to the con- be kept on file and made available for public from the Wild Rogue Wilderness boundary in fluence with the Rogue River, as a wild river. inspection in the appropriate offices of the T. 33 S., R. 8 W., sec. 5, Willamette Meridian, ‘‘(xi) MISSOURI CREEK.— Forest Service and the Bureau of Land Man- to the confluence with Kelsey Creek, as a ‘‘(I) SCENIC RIVER.—The approximately 3.1- agement. wild river. mile segment of Missouri Creek from its SEC. 1204. EMIGRANT CREVICE WITHDRAWAL. ‘‘(iii) WHISKY CREEK.— headwaters downstream to the Wild Rogue (a) DEFINITION OF MAP.—In this section, ‘‘(I) RECREATIONAL RIVER.—The approxi- Wilderness boundary in T. 33 S., R. 10 W., sec. the term ‘‘map’’ means the map entitled mately 1.6-mile segment of Whisky Creek 24, Willamette Meridian, as a scenic river. ‘‘Emigrant Crevice Proposed Withdrawal from the confluence of the East Fork and ‘‘(II) WILD RIVER.—The approximately 1.6- Area’’ and dated November 10, 2016. West Fork to the south boundary of the non- mile segment of Missouri Creek from the (b) WITHDRAWAL.—Subject to valid existing Federal land in T. 33 S., R. 8 W., sec. 17, Wil- Wild Rogue Wilderness boundary in T. 33 S., rights in existence on the date of enactment lamette Meridian, as a recreational river. R. 10 W., sec. 24, Willamette Meridian, to the of this Act, the National Forest System land ‘‘(II) WILD RIVER.—The approximately 1.2- confluence with the Rogue River, as a wild and interests in the National Forest System mile segment of Whisky Creek from road 33– river. land, as depicted on the map, is withdrawn 8–23 to the confluence with the Rogue River, ‘‘(xii) JENNY CREEK.— from— as a wild river. ‘‘(I) SCENIC RIVER.—The approximately 3.1- (1) location, entry, and patent under the ‘‘(iv) EAST FORK WHISKY CREEK.— mile segment of Jenny Creek from its head- mining laws; and ‘‘(I) SCENIC RIVER.—The approximately 0.9- waters downstream to the Wild Rogue Wil- (2) disposition under all laws pertaining to mile segment of East Fork Whisky Creek derness boundary in T. 33 S., R. 9 W., sec. 28, mineral and geothermal leasing. from its headwaters to Wild Rogue Wilder- Willamette Meridian, as a scenic river.

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‘‘(II) WILD RIVER.—The approximately 1.8- headwaters to the confluence with the Rogue (I) IN GENERAL.—No department or agency mile segment of Jenny Creek from the Wild River, as a wild river. of the United States shall assist by loan, Rogue Wilderness boundary in T. 33 S., R. 9 ‘‘(xxvi) COPSEY CREEK.—The approximately grant, license, or otherwise in the construc- W., sec. 28, Willamette Meridian, to the con- 1.5-mile segment of Copsey Creek from its tion of any water resources project on or di- fluence with the Rogue River, as a wild river. headwaters to the confluence with the Rogue rectly affecting any stream segment that is ‘‘(xiii) RUM CREEK.— River, as a wild river. described in clause (iv), except to maintain ‘‘(I) SCENIC RIVER.—The approximately 2.2- ‘‘(xxvii) CORRAL CREEK.—The approxi- or repair water resources projects in exist- mile segment of Rum Creek from its head- mately 0.5-mile segment of Corral Creek ence on the date of enactment of this Act. waters to the Wild Rogue Wilderness bound- from its headwaters to the confluence with (II) EFFECT.—Nothing in this clause pro- ary in T. 34 S., R. 8 W., sec. 9, Willamette the Rogue River, as a wild river. hibits any department or agency of the Meridian, as a scenic river. ‘‘(xxviii) COWLEY CREEK.—The approxi- United States in assisting by loan, grant, li- ‘‘(II) WILD RIVER.—The approximately 2.2- mately 0.9-mile segment of Cowley Creek cense, or otherwise, a water resources mile segment of Rum Creek from the Wild from its headwaters to the confluence with project— Rogue Wilderness boundary in T. 34 S., R. 8 the Rogue River, as a wild river. (aa) the primary purpose of which is eco- W., sec. 9, Willamette Meridian, to the con- ‘‘(xxix) DITCH CREEK.—The approximately logical or aquatic restoration; fluence with the Rogue River, as a wild river. 1.8-mile segment of Ditch Creek from the (bb) that provides a net benefit to water Wild Rogue Wilderness boundary in T. 33 S., quality and aquatic resources; and ‘‘(xiv) EAST FORK RUM CREEK.— R. 9 W., sec. 5, Willamette Meridian, to its (cc) that is consistent with protecting and ‘‘(I) SCENIC RIVER.—The approximately 0.8- confluence with the Rogue River, as a wild enhancing the values for which the river was mile segment of East Fork Rum Creek from river. designated. its headwaters to the Wild Rogue Wilderness ‘‘(xxx) FRANCIS CREEK.—The approximately (iii) WITHDRAWAL.—Subject to valid exist- boundary in T. 34 S., R. 8 W., sec. 10, Willam- 0.9-mile segment of Francis Creek from its ing rights, the Federal land located within 1⁄4 ette Meridian, as a scenic river. headwaters to the confluence with the Rogue mile on either side of the stream segments ‘‘(II) WILD RIVER.—The approximately 1.3- River, as a wild river. described in clause (iv) is withdrawn from all mile segment of East Fork Rum Creek from ‘‘(xxxi) LONG GULCH.— forms of— the Wild Rogue Wilderness boundary in T. 34 ‘‘(I) SCENIC RIVER.—The approximately 1.4- (I) entry, appropriation, or disposal under S., R. 8 W., sec. 10, Willamette Meridian, to mile segment of Long Gulch from its head- the public land laws; the confluence with Rum Creek, as a wild waters to the Wild Rogue Wilderness bound- (II) location, entry, and patent under the river. ary in T. 33 S., R. 10 W., sec. 23, Willamette mining laws; and ‘‘(xv) WILDCAT CREEK.—The approximately Meridian, as a scenic river. (III) disposition under all laws pertaining 1.7-mile segment of Wildcat Creek from its ‘‘(II) WILD RIVER.—The approximately 1.1- to mineral and geothermal leasing or min- headwaters downstream to the confluence mile segment of Long Gulch from the Wild eral materials. with the Rogue River, as a wild river. Rogue Wilderness boundary in T. 33 S., R. 10 (iv) DESCRIPTION OF STREAM SEGMENTS.— ‘‘(xvi) MONTGOMERY CREEK.—The approxi- W., sec. 23, Willamette Meridian, to the con- The following are the stream segments re- mately 1.8-mile segment of Montgomery fluence with the Rogue River, as a wild river. ferred to in clause (i): Creek from its headwaters downstream to ‘‘(xxxii) BAILEY CREEK.— (I) KELSEY CREEK.—The approximately 2.5- the confluence with the Rogue River, as a ‘‘(I) SCENIC RIVER.—The approximately 1.4- mile segment of Kelsey Creek from its head- wild river. mile segment of Bailey Creek from its head- waters to the Wild Rogue Wilderness bound- ‘‘(xvii) HEWITT CREEK.— waters to the Wild Rogue Wilderness bound- ary in T. 32 S., R. 9 W., sec. 25, Willamette ‘‘(I) SCENIC RIVER.—The approximately 1.4- ary on the west section line of T. 34 S., R. 8 Meridian. mile segment of Hewitt Creek from its head- W., sec. 14, Willamette Meridian, as a scenic (II) GRAVE CREEK.—The approximately 10.2- waters to the Wild Rogue Wilderness bound- river. mile segment of Grave Creek from the east ary in T. 33 S., R. 9 W., sec. 19, Willamette ‘‘(II) WILD RIVER.—The approximately 1.7- boundary of T. 34 S., R. 7 W., sec. 1, Willam- Meridian, as a scenic river. mile segment of Bailey Creek from the west ette Meridian, downstream to the confluence ‘‘(II) WILD RIVER.—The approximately 1.2- section line of T. 34 S., R.8 W., sec. 14, Wil- with the Rogue River. mile segment of Hewitt Creek from the Wild lamette Meridian, to the confluence of the (III) CENTENNIAL GULCH.—The approxi- Rogue Wilderness boundary in T. 33 S., R. 9 Rogue River, as a wild river. mately 2.2-mile segment of Centennial Gulch W., sec. 19, Willamette Meridian, to the con- ‘‘(xxxiii) SHADY CREEK.—The approxi- from its headwaters to its confluence with fluence with the Rogue River, as a wild river. mately 0.7-mile segment of Shady Creek the Rogue River in T. 34 S., R. 7, W., sec. 18, ‘‘(xviii) BUNKER CREEK.—The approxi- from its headwaters to the confluence with Willamette Meridian. mately 6.6-mile segment of Bunker Creek the Rogue River, as a wild river. (IV) QUAIL CREEK.—The approximately 0.8- from its headwaters to the confluence with ‘‘(xxxiv) SLIDE CREEK.— mile segment of Quail Creek from its head- the Rogue River, as a wild river. ‘‘(I) SCENIC RIVER.—The approximately 0.5- waters to the Wild Rogue Wilderness bound- ‘‘(xix) DULOG CREEK.— mile segment of Slide Creek from its head- ary in T. 33 S., R. 10 W., sec. 1, Willamette ‘‘(I) SCENIC RIVER.—The approximately 0.8- waters to road 33–9–6, as a scenic river. Meridian. mile segment of Dulog Creek from its head- ‘‘(II) WILD RIVER.—The approximately 0.7- (V) DITCH CREEK.—The approximately 0.7- waters to 0.1 miles downstream of road 34–8– mile section of Slide Creek from road 33–9–6 mile segment of Ditch Creek from its head- 36, as a scenic river. to the confluence with the Rogue River, as a waters to the Wild Rogue Wilderness bound- ‘‘(II) WILD RIVER.—The approximately 1.0- wild river.’’. ary in T. 33 S., R. 9 W., sec. 5, Willamette mile segment of Dulog Creek from road 34–8– (B) MANAGEMENT.—Each river segment des- Meridian. 36 to the confluence with the Rogue River, as ignated by subparagraph (B) of section 3(a)(5) (VI) GALICE CREEK.—The approximately a wild river. of the Wild and Scenic Rivers Act (16 U.S.C. 2.2-mile segment of Galice Creek from the ‘‘(xx) QUAIL CREEK.—The approximately 1274(a)(5)) (as added by subparagraph (A)) confluence with the North Fork Galice Creek 1.7-mile segment of Quail Creek from the shall be managed as part of the Rogue Wild downstream to the confluence with the Wild Rogue Wilderness boundary in T. 33 S., and Scenic River. Rogue River in T. 34 S., R. 8 W., sec. 36, Wil- R. 10 W., sec. 1, Willamette Meridian, to the (C) WITHDRAWAL.—Subject to valid existing lamette Meridian. confluence with the Rogue River, as a wild rights, the Federal land within the bound- (VII) QUARTZ CREEK.—The approximately river. aries of the river segments designated by 3.3-mile segment of Quartz Creek from its ‘‘(xxi) MEADOW CREEK.—The approximately subparagraph (B) of section 3(a)(5) of the headwaters to its confluence with the North 4.1-mile segment of Meadow Creek from its Wild and Scenic Rivers Act (16 U.S.C. Fork Galice Creek in T. 35 S., R. 8 W., sec. 4, headwaters to the confluence with the Rogue 1274(a)(5)) (as added by subparagraph (A)) is Willamette Meridian. River, as a wild river. withdrawn from all forms of— (VIII) NORTH FORK GALICE CREEK.—The ap- ‘‘(xxii) RUSSIAN CREEK.—The approxi- (i) entry, appropriation, or disposal under proximately 5.7-mile segment of the North mately 2.5-mile segment of Russian Creek the public land laws; Fork Galice Creek from its headwaters to its from the Wild Rogue Wilderness boundary in (ii) location, entry, and patent under the confluence with the South Fork Galice T. 33 S., R. 8 W., sec. 20, Willamette Merid- mining laws; and Creek in T. 35 S., R. 8 W., sec. 3, Willamette ian, to the confluence with the Rogue River, (iii) disposition under all laws pertaining Meridian. as a wild river. to mineral and geothermal leasing or min- (2) TECHNICAL CORRECTIONS TO THE WILD ‘‘(xxiii) ALDER CREEK.—The approximately eral materials. AND SCENIC RIVERS ACT.— 1.2-mile segment of Alder Creek from its (D) ADDITIONAL PROTECTIONS FOR ROGUE (A) CHETCO, OREGON.—Section 3(a)(69) of headwaters to the confluence with the Rogue RIVER TRIBUTARIES.— the Wild and Scenic Rivers Act (16 U.S.C. River, as a wild river. (i) LICENSING BY COMMISSION.—The Federal 1274(a)(69)) is amended— ‘‘(xxiv) BOOZE CREEK.—The approximately Energy Regulatory Commission shall not li- (i) by redesignating subparagraphs (A), (B), 1.5-mile segment of Booze Creek from its cense the construction of any dam, water and (C) as clauses (i), (ii), and (iii), respec- headwaters to the confluence with the Rogue conduit, reservoir, powerhouse, transmission tively, and indenting appropriately; River, as a wild river. line, or other project works on or directly af- (ii) in the matter preceding clause (i) (as so ‘‘(xxv) BRONCO CREEK.—The approximately fecting any stream described in clause (iv). redesignated), by striking ‘‘The 44.5-mile’’ 1.8-mile segment of Bronco Creek from its (ii) OTHER AGENCIES.— and inserting the following:

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‘‘(A) DESIGNATIONS.—The 44.5-mile’’; northwest quarter of T. 21 S., R. 10 W., sec. headwaters to its confluence with Bald (iii) in clause (i) (as so redesignated)— 22, to be administered by the Secretary of Mountain Creek, as a scenic river. (I) by striking ‘‘25.5-mile’’ and inserting Agriculture as a wild river.’’. ‘‘(iv) PLATINUM CREEK.—The approximately ‘‘27.5-mile’’; and (4) WILD AND SCENIC RIVER DESIGNATIONS, 1-mile segment of Platinum Creek from— (II) by striking ‘‘Boulder Creek at the MOLALLA RIVER, OREGON.—Section 3(a) of the ‘‘(I) its headwaters to Forest Service Road Kalmiopsis Wilderness boundary’’ and insert- Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 5325, as a wild river; and ing ‘‘Mislatnah Creek’’; (as amended by paragraph (3)) is amended by ‘‘(II) Forest Service Road 5325 to its con- (iv) in clause (ii) (as so redesignated)— adding at the end the following: fluence with Elk River, as a scenic river. (I) by striking ‘‘8-mile’’ and inserting ‘‘7.5- ‘‘(216) MOLALLA RIVER, OREGON.— ‘‘(v) PANTHER CREEK.—The approximately mile’’; and ‘‘(A) IN GENERAL.—The following segments 5.0-mile segment of Panther Creek from— (II) by striking ‘‘Boulder Creek to Steel in the State of Oregon, to be administered by ‘‘(I) its headwaters, including Mountain Bridge’’ and inserting ‘‘Mislatnah Creek to the Secretary of the Interior as a rec- Well, to Forest Service Road 5325, as a wild Eagle Creek’’; reational river: river; and (v) in clause (iii) (as so redesignated)— ‘‘(i) MOLALLA RIVER.—The approximately ‘‘(II) Forest Service Road 5325 to its con- (I) by striking ‘‘11-mile’’ and inserting ‘‘9.5- 15.1-mile segment from the southern bound- fluence with Elk River, as a scenic river. mile’’; and ary line of T. 7 S., R. 4 E., sec. 19, down- ‘‘(vi) EAST FORK PANTHER CREEK.—The ap- (II) by striking ‘‘Steel Bridge’’ and insert- stream to the edge of the Bureau of Land proximately 3.0-mile segment of East Fork ing ‘‘Eagle Creek’’; and Management boundary in T. 6 S., R. 3 E., sec. Panther Creek from it headwaters, to the (vi) by adding at the end the following: 7. confluence with Panther Creek, as a wild ‘‘(B) WITHDRAWAL.—Subject to valid rights, ‘‘(ii) TABLE ROCK FORK MOLALLA RIVER.— river. the Federal land within the boundaries of The approximately 6.2-mile segment from ‘‘(vii) WEST FORK PANTHER CREEK.—The ap- the river segments designated by subpara- the easternmost Bureau of Land Manage- proximately 3.0-mile segment of West Fork graph (A) is withdrawn from all forms of— ment boundary line in the NE1⁄4 sec. 4, T. 7 Panther Creek from its headwaters to the ‘‘(i) entry, appropriation, or disposal under S., R. 4 E., downstream to the confluence confluence with Panther Creek as a wild the public land laws; with the Molalla River. river. ‘‘(ii) location, entry, and patent under the ‘‘(B) WITHDRAWAL.—Subject to valid exist- ‘‘(viii) LOST CREEK.—The approximately mining laws; and ing rights, the Federal land within the 1.0-mile segment of Lost Creek from— ‘‘(iii) disposition under all laws pertaining boundaries of the river segments designated ‘‘(I) its headwaters to Forest Service Road to mineral and geothermal leasing or min- by subparagraph (A) is withdrawn from all 5325, as a wild river; and eral materials.’’. forms of— ‘‘(II) Forest Service Road 5325 to its con- (B) WHYCHUS CREEK, OREGON.—Section ‘‘(i) entry, appropriation, or disposal under fluence with the Elk River, as a scenic river. 3(a)(102) of the Wild and Scenic Rivers Act the public land laws; ‘‘(ix) MILBURY CREEK.—The approximately (16 U.S.C. 1274(a)(102)) is amended— ‘‘(ii) location, entry, and patent under the 1.5-mile segment of Milbury Creek from— (i) in the paragraph heading, by striking mining laws; and ‘‘(I) its headwaters to Forest Service Road ‘‘SQUAW CREEK’’ and inserting ‘‘WHYCHUS ‘‘(iii) disposition under all laws relating to 5325, as a wild river; and CREEK’’; mineral and geothermal leasing or mineral ‘‘(II) Forest Service Road 5325 to its con- (ii) by redesignating subparagraphs (A) and materials.’’. fluence with the Elk River, as a scenic river. (B) as clauses (i) and (ii), respectively, and (5) DESIGNATION OF ADDITIONAL WILD AND ‘‘(x) BLACKBERRY CREEK.—The approxi- indenting appropriately; SCENIC RIVERS.— mately 5.0-mile segment of Blackberry Creek (iii) in the matter preceding clause (i) (as (A) ELK RIVER, OREGON.— from— so redesignated)— (i) IN GENERAL.—Section 3(a) of the Wild ‘‘(I) its headwaters to Forest Service Road (I) by striking ‘‘The 15.4-mile’’ and insert- and Scenic Rivers Act (16 U.S.C. 1274(a)) is 5325, as a wild river; and ing the following: amended by striking paragraph (76) and in- ‘‘(II) Forest Service Road 5325 to its con- ‘‘(A) DESIGNATIONS.—The 15.4-mile’’; and serting the following: fluence with the Elk River, as a scenic river. (II) by striking ‘‘McAllister Ditch, includ- ‘‘(76) ELK, OREGON.—The 69.2-mile segment ‘‘(xi) EAST FORK BLACKBERRY CREEK.—The ing the Soap Fork Squaw Creek, the North to be administered by the Secretary of Agri- approximately 2.0-mile segment of the Fork, the South Fork, the East and West culture in the following classes: unnamed tributary locally known as ‘East Forks of Park Creek, and Park Creek Fork’’ ‘‘(A) MAINSTEM.—The 17-mile segment from Fork Blackberry Creek’ from its headwaters and inserting ‘‘Plainview Ditch, including the confluence of the North and South Forks in T. 33 S., R. 13 W., sec. 26, Willamette Me- the Soap Creek, the North and South Forks of the Elk to Anvil Creek as a recreational ridian, to its confluence with Blackberry of Whychus Creek, the East and West Forks river. Creek, as a wild river. of Park Creek, and Park Creek’’; ‘‘(B) NORTH FORK.— ‘‘(xii) MCCURDY CREEK.—The approximately (iv) in clause (ii) (as so redesignated), by ‘‘(i) SCENIC RIVER.—The approximately 0.6- 1.0-mile segment of McCurdy Creek from— striking ‘‘McAllister Ditch’’ and inserting mile segment of the North Fork Elk from its ‘‘(I) its headwaters to Forest Service Road ‘‘Plainview Ditch’’; and source in T. 33 S., R. 12 W., sec. 21, Willam- 5325, as a wild river; and (v) by adding at the end the following: ette Meridian, downstream to 0.01 miles ‘‘(II) Forest Service Road 5325 to its con- ‘‘(B) WITHDRAWAL.—Subject to valid exist- below Forest Service Road 3353, as a scenic fluence with the Elk River, as a scenic river. ing rights, the Federal land within the river. ‘‘(xiii) BEAR CREEK.—The approximately boundaries of the river segments designated ‘‘(ii) WILD RIVER.—The approximately 5.5- 1.5-mile segment of Bear Creek from head- by subparagraph (A) is withdrawn from all mile segment of the North Fork Elk from waters to the confluence with Bald Mountain forms of— 0.01 miles below Forest Service Road 3353 to Creek, as a recreational river. ‘‘(i) entry, appropriation, or disposal under its confluence with the South Fork Elk, as a ‘‘(xiv) BUTLER CREEK.—The approximately the public land laws; wild river. 4-mile segment of Butler Creek from— ‘‘(ii) location, entry, and patent under the ‘‘(C) SOUTH FORK.— ‘‘(I) its headwaters to the south boundary mining laws; and ‘‘(i) SCENIC RIVER.—The approximately 0.9- of T. 33 S., R. 13 W., sec. 8, Willamette Merid- ‘‘(iii) disposition under all laws relating to mile segment of the South Fork Elk from its ian, as a wild river; and mineral and geothermal leasing or mineral source in the southeast quarter of T. 33 S., R. ‘‘(II) from the south boundary of T. 33 S., materials.’’. 12 W., sec. 32, Willamette Meridian, Forest R. 13 W., sec. 8, Willamette Meridian, to its (3) WILD AND SCENIC RIVER DESIGNATIONS, Service Road 3353, as a scenic river. confluence with Elk River, as a scenic river. WASSON CREEK AND FRANKLIN CREEK, OR- ‘‘(ii) WILD RIVER.—The approximately 4.2- ‘‘(xv) EAST FORK BUTLER CREEK.—The ap- EGON.—Section 3(a) of the Wild and Scenic mile segment of the South Fork Elk from proximately 2.8-mile segment locally known Rivers Act (16 U.S.C. 1274(a)) is amended by 0.01 miles below Forest Service Road 3353 to as the ‘East Fork of Butler Creek’ from its adding at the end the following: its confluence with the North Fork Elk, as a headwaters on Mount Butler in T. 32 S., R. 13 ‘‘(214) FRANKLIN CREEK, OREGON.—The 4.5- wild river. W., sec. 29, Willamette Meridian, to its con- mile segment from its headwaters to the pri- ‘‘(D) OTHER TRIBUTARIES.— fluence with Butler Creek, as a scenic river. vate land boundary in sec. 8, to be adminis- ‘‘(i) ROCK CREEK.—The approximately 1.7- ‘‘(xvi) PURPLE MOUNTAIN CREEK.—The ap- tered by the Secretary of Agriculture as a mile segment of Rock Creek from its head- proximately 2.0-mile segment locally known wild river. waters to the west boundary of T. 32 S., R. 14 as ‘Purple Mountain Creek’ from— ‘‘(215) WASSON CREEK, OREGON.—The 10.1- W., sec. 30, Willamette Meridian, as a wild ‘‘(I) its headwaters in secs. 35 and 36, T. 33 mile segment in the following classes: river. S., R. 14 W., Willamette Meridian, to 0.01 ‘‘(A) The 4.2-mile segment from the eastern ‘‘(ii) BALD MOUNTAIN CREEK.—The approxi- miles above Forest Service Road 5325, as a boundary of T. 21 S., R. 9 W., sec. 17, down- mately 8-mile segment of Bald Mountain wild river; and stream to the western boundary of T. 21 S., Creek from its headwaters, including Salal ‘‘(II) 0.01 miles above Forest Service Road R. 10 W., sec. 12, to be administered by the Spring to its confluence with Elk River, as a 5325 to its confluence with the Elk River, as Secretary of the Interior as a wild river. recreational river. a scenic river.’’. ‘‘(B) The 5.9-mile segment from the west- ‘‘(iii) SOUTH FORK BALD MOUNTAIN CREEK.— (ii) WITHDRAWAL.—Subject to valid exist- ern boundary of T. 21 S., R. 10 W., sec. 12, The approximately 3.5-mile segment of ing rights, the Federal land within the downstream to the eastern boundary of the South Fork Bald Mountain Creek from its boundaries of the river segments designated

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by paragraph (76) of section 3(a) of the Wild by paragraphs (217) through (223) of section (A) IN GENERAL.—Administrative jurisdic- and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 3(a) of the Wild and Scenic Rivers Act (16 tion over the approximately 49 acres of Bu- amended by clause (i)) is withdrawn from all U.S.C. 1274(a)) (as added by clause (i)) is reau of Land Management land north of the forms of— withdrawn from all forms of— Umpqua River in T. 21 S., R. 11 W., sec. 32, is (I) entry, appropriation, or disposal under (I) entry, appropriation, or disposal under transferred from the Bureau of Land Man- the public land laws; the public land laws; agement to the Forest Service. (II) location, entry, and patent under the (II) location, entry, and patent under the (B) ADMINISTRATION.—The Secretary shall mining laws; and mining laws; and administer the land transferred by subpara- (III) disposition under all laws relating to (III) disposition under all laws relating to graph (A) in accordance with— mineral and geothermal leasing or mineral mineral and geothermal leasing or mineral (i) the Act of March 1, 1911 (commonly materials. materials. known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et (B) DESIGNATION OF WILD AND SCENIC RIVER (b) DEVIL’S STAIRCASE WILDERNESS.— seq.); and SEGMENTS.— (1) DEFINITIONS.—In this subsection: (ii) any laws (including regulations) appli- (i) IN GENERAL.—Section 3(a) of the Wild (A) MAP.—The term ‘‘map’’ means the map cable to the National Forest System. and Scenic Rivers Act (16 U.S.C. 1274(a)) (as entitled ‘‘Devil’s Staircase Wilderness Pro- PART II—EMERY COUNTY PUBLIC LAND amended by paragraph (4)) is amended by posal’’ and dated July 26, 2018. MANAGEMENT adding at the end the following: (B) SECRETARY.—The term ‘‘Secretary’’ ‘‘(217) NESTUCCA RIVER, OREGON.—The ap- means— SEC. 1211. DEFINITIONS. proximately 15.5-mile segment from its con- (i) the Secretary, with respect to public In this part: fluence with Ginger Creek downstream until land administered by the Secretary; or (1) COUNCIL.—The term ‘‘Council’’ means it crosses the western edge of T. 4 S., R. 7 W., (ii) the Secretary of Agriculture, with re- the San Rafael Swell Recreation Area Advi- sec. 7, Willamette Meridian, to be adminis- spect to National Forest System land. sory Council established under section tered by the Secretary of the Interior as a (C) STATE.—The term ‘‘State’’ means the 1223(a). recreational river. State of Oregon. (2) COUNTY.—The term ‘‘County’’ means ‘‘(218) WALKER CREEK, OREGON.—The ap- (D) WILDERNESS.—The term ‘‘Wilderness’’ Emery County in the State. proximately 2.9-mile segment from the head- means the Devil’s Staircase Wilderness des- (3) MANAGEMENT PLAN.—The term ‘‘Man- waters in T. 3 S., R. 6 W., sec. 20 downstream ignated by paragraph (2). agement Plan’’ means the management plan to the confluence with the Nestucca River in (2) DESIGNATION.—In accordance with the for the Recreation Area developed under sec- T. 3 S., R. 6 W., sec. 15, Willamette Meridian, Wilderness Act (16 U.S.C. 1131 et seq.), the tion 1222(c). to be administered by the Secretary of the approximately 30,621 acres of Forest Service (4) MAP.—The term ‘‘Map’’ means the map Interior as a recreational river. land and Bureau of Land Management land entitled ‘‘Emery County Public Land Man- ‘‘(219) NORTH FORK SILVER CREEK, OREGON.— in the State, as generally depicted on the agement Act of 2018 Overview Map’’ and The approximately 6-mile segment from the map, is designated as wilderness and as a dated February 5, 2019. headwaters in T. 35 S., R. 9 W., sec. 1 down- component of the National Wilderness Pres- (5) RECREATION AREA.—The term ‘‘Recre- stream to the western edge of the Bureau of ervation System, to be known as the ‘‘Dev- ation Area’’ means the San Rafael Swell Land Management boundary in T. 35 S., R. 9 il’s Staircase Wilderness’’. Recreation Area established by section W., sec. 17, Willamette Meridian, to be ad- (3) MAP; LEGAL DESCRIPTION.— 1221(a)(1). ministered by the Secretary of the Interior (A) IN GENERAL.—As soon as practicable (6) SECRETARY.—The term ‘‘Secretary’’ as a recreational river. after the date of enactment of this Act, the means— ‘‘(220) JENNY CREEK, OREGON.—The approxi- Secretary shall prepare a map and legal de- (A) the Secretary, with respect to public mately 17.6-mile segment from the Bureau of scription of the Wilderness. land administered by the Bureau of Land Land Management boundary located at the (B) FORCE OF LAW.—The map and legal de- Management; and north boundary of the southwest quarter of scription prepared under subparagraph (A) (B) the Secretary of Agriculture, with re- the southeast quarter of T. 38 S., R. 4 E., sec. shall have the same force and effect as if in- spect to National Forest System land. cluded in this subsection, except that the 34, Willamette Meridian, downstream to the (7) STATE.—The term ‘‘State’’ means the Oregon State border, to be administered by Secretary may correct clerical and typo- State of Utah. graphical errors in the map and legal de- the Secretary of the Interior as a scenic (8) WILDERNESS AREA.—The term ‘‘wilder- river. scription. ness area’’ means a wilderness area des- ‘‘(221) SPRING CREEK, OREGON.—The ap- (C) AVAILABILITY.—The map and legal de- ignated by section 1231(a). proximately 1.1-mile segment from its source scription prepared under subparagraph (A) at Shoat Springs in T. 40 S., R. 4 E., sec. 34, shall be on file and available for public in- SEC. 1212. ADMINISTRATION. Willamette Meridian, downstream to the spection in the appropriate offices of the Nothing in this part affects or modifies— confluence with Jenny Creek in T. 41 S., R. Forest Service and Bureau of Land Manage- (1) any right of any federally recognized In- 4 E., sec. 3, Willamette Meridian, to be ad- ment. dian Tribe; or ministered by the Secretary of the Interior (4) ADMINISTRATION.—Subject to valid ex- (2) any obligation of the United States to as a scenic river. isting rights, the area designated as wilder- any federally recognized Indian Tribe. ‘‘(222) LOBSTER CREEK, OREGON.—The ap- ness by this subsection shall be administered SEC. 1213. EFFECT ON WATER RIGHTS. proximately 5-mile segment from T. 15 S., R. by the Secretary in accordance with the Wil- Nothing in this part— 8 W., sec. 35, Willamette Meridian, down- derness Act (16 U.S.C. 1131 et seq.), except (1) affects the use or allocation, in exist- stream to the northern edge of the Bureau of that— ence on the date of enactment of this Act, of Land Management boundary in T. 15 S., R. 8 (A) any reference in that Act to the effec- any water, water right, or interest in water; W., sec. 15, Willamette Meridian, to be ad- tive date shall be considered to be a ref- (2) affects any water right (as defined by ministered by the Secretary of the Interior erence to the date of enactment of this Act; applicable State law) in existence on the as a recreational river. and date of enactment of this Act, including any ‘‘(223) ELK CREEK, OREGON.—The approxi- (B) any reference in that Act to the Sec- water right held by the United States; mately 7.3-mile segment from its confluence retary of Agriculture shall be considered to (3) affects any interstate water compact in with Flat Creek near river mile 9, to the be a reference to the Secretary that has ju- existence on the date of enactment of this southern edge of the Army Corps of Engi- risdiction over the land within the Wilder- Act; neers boundary in T. 33 S., R. 1 E., sec. 30, ness. (4) shall be considered to be a relinquish- Willamette Meridian, near river mile 1.7, to (5) FISH AND WILDLIFE.—Nothing in this ment or reduction of any water rights re- be administered by the Secretary of the Inte- subsection affects the jurisdiction or respon- served or appropriated by the United States rior as a scenic river.’’. sibilities of the State with respect to fish in the State on or before the date of enact- (ii) ADMINISTRATION OF ELK CREEK.— and wildlife in the State. ment of this Act; or (I) LATERAL BOUNDARIES OF ELK CREEK.— (6) ADJACENT MANAGEMENT.— (5) affects the management and operation The lateral boundaries of the river segment (A) IN GENERAL.—Nothing in this sub- of Flaming Gorge Dam and Reservoir, in- designated by paragraph (223) of section 3(a) section creates any protective perimeter or cluding the storage, management, and re- of the Wild and Scenic Rivers Act (16 U.S.C. buffer zone around the Wilderness. lease of water. 1274(a)) (as added by clause (i)) shall include (B) ACTIVITIES OUTSIDE WILDERNESS.—The SEC. 1214. SAVINGS CLAUSE. an average of not more than 640 acres per fact that a nonwilderness activity or use on Nothing in this part diminishes the au- mile measured from the ordinary high water land outside the Wilderness can be seen or thority of the Secretary under Public Law mark on both sides of the river segment. heard within the Wilderness shall not pre- 92–195 (commonly known as the ‘‘Wild Free- (II) DEAUTHORIZATION.—The Elk Creek clude the activity or use outside the bound- Roaming Horses and Burros Act’’) (16 U.S.C. Project authorized under the Flood Control ary of the Wilderness. 1331 et seq.). Act of 1962 (Public Law 87–874; 76 Stat. 1192) (7) PROTECTION OF TRIBAL RIGHTS.—Nothing is deauthorized. in this subsection diminishes any treaty Subpart A—San Rafael Swell Recreation Area (iii) WITHDRAWAL.—Subject to valid exist- rights of an Indian Tribe. SEC. 1221. ESTABLISHMENT OF RECREATION ing rights, the Federal land within the (8) TRANSFER OF ADMINISTRATIVE JURISDIC- AREA. boundaries of the river segments designated TION.— (a) ESTABLISHMENT.—

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(1) IN GENERAL.—Subject to valid existing Management Plan for the use of motorized (c) APPLICABLE LAW.—The Council shall be rights, there is established the San Rafael vehicles, including necessary repairs to keep subject to— Swell Recreation Area in the State. existing roads free of debris or other safety (1) the Federal Advisory Committee Act (5 (2) AREA INCLUDED.—The Recreation Area hazards, shall be permitted after the date of U.S.C. App.); and shall consist of approximately 216,995 acres enactment of this Act, consistent with the (2) section 309 of the Federal Land Policy of Federal land managed by the Bureau of requirements of this section. and Management Act of 1976 (43 U.S.C. 1739). Land Management, as generally depicted on (B) EFFECT.—Nothing in this subsection (d) MEMBERS.—The Council shall include 7 the Map. prevents the Secretary from rerouting an ex- members, to be appointed by the Secretary, (b) PURPOSES.—The purposes of the Recre- isting road or trail to protect Recreation of whom, to the maximum extent prac- ation Area are to provide for the protection, Area resources from degradation or to pro- ticable— conservation, and enhancement of the rec- tect public safety, as determined to be appro- (1) 1 member shall represent the Emery reational, cultural, natural, scenic, wildlife, priate by the Secretary. County Commission; ecological, historical, and educational re- (e) GRAZING.— (2) 1 member shall represent motorized rec- sources of the Recreation Area. (1) IN GENERAL.—The grazing of livestock reational users; (c) MAP AND LEGAL DESCRIPTION.— in the Recreation Area, if established before (3) 1 member shall represent nonmotorized (1) IN GENERAL.—As soon as practicable the date of enactment of this Act, shall be recreational users; after the date of enactment of this Act, the allowed to continue, subject to such reason- (4) 1 member shall represent permittees Secretary shall file a map and legal descrip- able regulations, policies, and practices as holding grazing allotments within the Recre- tion of the Recreation Area with the Com- the Secretary considers to be necessary in ation Area or wilderness areas designated in mittee on Natural Resources of the House of accordance with— this part; Representatives and the Committee on En- (A) applicable law (including regulations); (5) 1 member shall represent conservation ergy and Natural Resources of the Senate. and organizations; (2) EFFECT.—The map and legal description (B) the purposes of the Recreation Area. (6) 1 member shall have expertise in the filed under paragraph (1) shall have the same (2) INVENTORY.—Not later than 5 years historical uses of the Recreation Area; and force and effect as if included in this subpart, after the date of enactment of this Act, the (7) 1 member shall be appointed from the except that the Secretary may correct cler- Secretary, in collaboration with any affected elected leadership of a Federally recognized ical and typographical errors in the map and grazing permittee, shall carry out an inven- Indian Tribe that has significant cultural or legal description. tory of facilities and improvements associ- historical connections to, and expertise in, (3) PUBLIC AVAILABILITY.—A copy of the ated with grazing activities in the Recre- the landscape, archeological sites, or cul- map and legal description filed under para- ation Area. tural sites within the County. graph (1) shall be on file and available for (f) COLD WAR SITES.—The Secretary shall Subpart B—Wilderness Areas public inspection in the appropriate offices manage the Recreation Area in a manner that educates the public about Cold War and SEC. 1231. ADDITIONS TO THE NATIONAL WIL- of the Bureau of Land Management. DERNESS PRESERVATION SYSTEM. historic uranium mine sites in the Recre- SEC. 1222. MANAGEMENT OF RECREATION AREA. (a) ADDITIONS.—In accordance with the ation Area, subject to such terms and condi- (a) IN GENERAL.—The Secretary shall ad- Wilderness Act (16 U.S.C. 1131 et seq.), the tions as the Secretary considers necessary to minister the Recreation Area— following land in the State is designated as protect public health and safety. (1) in a manner that conserves, protects, wilderness and as components of the Na- (g) INCORPORATION OF ACQUIRED LAND AND and enhances the purposes for which the tional Wilderness Preservation System: INTERESTS.—Any land or interest in land lo- Recreation Area is established; and (1) BIG WILD HORSE MESA.—Certain Federal cated within the boundary of the Recreation (2) in accordance with— land managed by the Bureau of Land Man- Area that is acquired by the United States (A) this section; agement, comprising approximately 18,192 after the date of enactment of this Act (B) the Federal Land Policy and Manage- acres, generally depicted on the Map as shall— ment Act of 1976 (43 U.S.C. 1701 et seq.); and ‘‘Proposed Big Wild Horse Mesa Wilderness’’, (1) become part of the Recreation Area; (C) other applicable laws. which shall be known as the ‘‘Big Wild Horse and (b) USES.—The Secretary shall allow only Mesa Wilderness’’. (2) be managed in accordance with applica- uses of the Recreation Area that are con- (2) COLD WASH.—Certain Federal land man- ble laws, including as provided in this sec- sistent with the purposes for which the aged by the Bureau of Land Management, tion. Recreation Area is established. (h) WITHDRAWAL.—Subject to valid existing comprising approximately 11,001 acres, gen- (c) MANAGEMENT PLAN.— rights, all Federal land within the Recre- erally depicted on the Map as ‘‘Proposed (1) IN GENERAL.—Not later than 5 years ation Area, including any land or interest in Cold Wash Wilderness’’, which shall be after the date of enactment of this Act, the land that is acquired by the United States known as the ‘‘Cold Wash Wilderness’’. Secretary shall develop a comprehensive within the Recreation Area after the date of (3) DESOLATION CANYON.—Certain Federal management plan for the long-term protec- enactment of this Act, is withdrawn from— land managed by the Bureau of Land Man- tion and management of the Recreation (1) entry, appropriation, or disposal under agement, comprising approximately 142,996 Area. the public land laws; acres, generally depicted on the Map as (2) REQUIREMENTS.—The Management Plan (2) location, entry, and patent under the ‘‘Proposed Desolation Canyon Wilderness’’, shall— mining laws; and which shall be known as the ‘‘Desolation (A) describe the appropriate uses and man- (3) operation of the mineral leasing, min- Canyon Wilderness’’. agement of the Recreation Area; eral materials, and geothermal leasing laws. (4) DEVIL’S CANYON.—Certain Federal land (B) be developed with extensive public (i) STUDY OF NONMOTORIZED RECREATION managed by the Bureau of Land Manage- input; OPPORTUNITIES.—Not later than 2 years after ment, comprising approximately 8,675 acres, (C) take into consideration any informa- the date of enactment of this Act, the Sec- generally depicted on the Map as ‘‘Proposed tion developed in studies of the land within retary, in consultation with interested par- Devil’s Canyon Wilderness’’, which shall be the Recreation Area; and ties, shall conduct a study of nonmotorized known as the ‘‘Devil’s Canyon Wilderness’’. (D) be developed fully consistent with the recreation trail opportunities, including bi- (5) EAGLE CANYON.—Certain Federal land settlement agreement entered into on Janu- cycle trails, within the Recreation Area, managed by the Bureau of Land Manage- ary 13, 2017, in the case in the United States consistent with the purposes of the Recre- ment, comprising approximately 13,832 acres, District Court for the District of Utah styled ation Area. generally depicted on the Map as ‘‘Proposed ‘‘Southern Utah Wilderness Alliance, et al. v. (j) COOPERATIVE AGREEMENT.—The Sec- Eagle Canyon Wilderness’’, which shall be U.S. Department of the Interior, et al.’’ and retary may enter into a cooperative agree- known as the ‘‘Eagle Canyon Wilderness’’. numbered 2:12–cv–257 DAK. ment with the State in accordance with sec- (6) HORSE VALLEY.—Certain Federal land (d) MOTORIZED VEHICLES; NEW ROADS.— tion 307(b) of the Federal Land Policy and managed by the Bureau of Land Manage- (1) MOTORIZED VEHICLES.—Except as needed Management Act of 1976 (43 U.S.C. 1737(b)) ment, comprising approximately 12,201 acres, for emergency response or administrative and other applicable laws to provide for the generally depicted on the Map as ‘‘Proposed purposes, the use of motorized vehicles in protection, management, and maintenance Horse Valley Wilderness’’, which shall be the Recreation Area shall be permitted only of the Recreation Area. known as the ‘‘Horse Valley Wilderness’’. on roads and motorized routes designated in SEC. 1223. SAN RAFAEL SWELL RECREATION (7) LABYRINTH CANYON.—Certain Federal the Management Plan for the use of motor- AREA ADVISORY COUNCIL. land managed by the Bureau of Land Man- ized vehicles. (a) ESTABLISHMENT.—Not later than 180 agement, comprising approximately 54,643 (2) NEW ROADS.—No new permanent or tem- days after the date of enactment of this Act, acres, generally depicted on the Map as porary roads or other motorized vehicle the Secretary shall establish an advisory ‘‘Proposed Labyrinth Canyon Wilderness’’, routes shall be constructed within the Recre- council, to be known as the ‘‘San Rafael which shall be known as the ‘‘Labyrinth ation Area after the date of enactment of Swell Recreation Area Advisory Council’’. Canyon Wilderness’’. this Act. (b) DUTIES.—The Council shall advise the (8) LITTLE OCEAN DRAW.—Certain Federal (3) EXISTING ROADS.— Secretary with respect to the preparation land managed by the Bureau of Land Man- (A) IN GENERAL.—Necessary maintenance and implementation of the Management agement, comprising approximately 20,660 or repairs to existing roads designated in the Plan for the Recreation Area. acres, generally depicted on the Map as

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‘‘Proposed Little Ocean Draw Wilderness’’, (2) EFFECT.—Each map and legal descrip- guide activities) within the wilderness areas which shall be known as the ‘‘Little Ocean tion filed under paragraph (1) shall have the may be authorized to the extent necessary Draw Wilderness’’. same force and effect as if included in this for activities that are appropriate for real- (9) LITTLE WILD HORSE CANYON.—Certain part, except that the Secretary may correct izing the recreational or other wilderness Federal land managed by the Bureau of Land clerical and typographical errors in the maps purposes of the wilderness areas, in accord- Management, comprising approximately and legal descriptions. ance with section 4(d)(5) of the Wilderness 5,479 acres, generally depicted on the Map as (3) AVAILABILITY.—Each map and legal de- Act (16 U.S.C. 1133(d)(5)). ‘‘Proposed Little Wild Horse Canyon Wilder- scription filed under paragraph (1) shall be (h) LAND ACQUISITION AND INCORPORATION ness’’, which shall be known as the ‘‘Little on file and available for public inspection in Wild Horse Canyon Wilderness’’. the appropriate office of the Secretary. OF ACQUIRED LAND AND INTERESTS.— (1) ACQUISITION AUTHORITY.—The Secretary (10) LOWER LAST CHANCE.—Certain Federal SEC. 1232. ADMINISTRATION. may acquire land and interests in land with- land managed by the Bureau of Land Man- (a) MANAGEMENT.—Subject to valid exist- in the boundaries of a wilderness area by do- agement, comprising approximately 19,338 ing rights, the wilderness areas shall be ad- nation, purchase from a willing seller, or ex- acres, generally depicted on the Map as ministered by the Secretary in accordance ‘‘Proposed Lower Last Chance Wilderness’’, with the Wilderness Act (16 U.S.C. 1131 et change. which shall be known as the ‘‘Lower Last seq.), except that— (2) INCORPORATION.—Any land or interest in Chance Wilderness’’. (1) any reference in that Act to the effec- land within the boundary of a wilderness area that is acquired by the United States (11) MEXICAN MOUNTAIN.—Certain Federal tive date shall be considered to be a ref- land managed by the Bureau of Land Man- erence to the date of enactment of this Act; after the date of enactment of this Act shall agement, comprising approximately 76,413 and be added to and administered as part of the acres, generally depicted on the Map as (2) any reference in that Act to the Sec- wilderness area. ‘‘Proposed Mexican Mountain Wilderness’’, retary of Agriculture shall be considered to (i) WATER RIGHTS.— which shall be known as the ‘‘Mexican Moun- be a reference to the Secretary. (1) STATUTORY CONSTRUCTION.—Nothing in tain Wilderness’’. (b) RECREATIONAL CLIMBING.—Nothing in this subpart— (12) MIDDLE WILD HORSE MESA.—Certain this part prohibits recreational rock climb- (A) shall constitute or be construed to con- Federal land managed by the Bureau of Land ing activities in the wilderness areas, such as stitute either an express or implied reserva- Management, comprising approximately the placement, use, and maintenance of fixed tion by the United States of any water or 16,343 acres, generally depicted on the Map as anchors, including any fixed anchor estab- water rights with respect to the land des- ‘‘Proposed Middle Wild Horse Mesa Wilder- lished before the date of the enactment of ignated as wilderness by section 1231; ness’’, which shall be known as the ‘‘Middle this Act— (B) shall affect any water rights in the Wild Horse Mesa Wilderness’’. (1) in accordance with the Wilderness Act State existing on the date of enactment of (13) MUDDY CREEK.—Certain Federal land (16 U.S.C. 1131 et seq.); and this Act, including any water rights held by managed by the Bureau of Land Manage- (2) subject to any terms and conditions de- the United States; ment, comprising approximately 98,023 acres, termined to be necessary by the Secretary. (C) shall be construed as establishing a generally depicted on the Map as ‘‘Proposed (c) TRAIL PLAN.—After providing opportu- precedent with regard to any future wilder- Muddy Creek Wilderness’’, which shall be nities for public comment, the Secretary ness designations; known as the ‘‘Muddy Creek Wilderness’’. shall establish a trail plan that addresses (D) shall affect the interpretation of, or (14) NELSON MOUNTAIN.— hiking and equestrian trails on the wilder- any designation made pursuant to, any other (A) IN GENERAL.—Certain Federal land ness areas in a manner consistent with the Act; or managed by the Forest Service, comprising Wilderness Act (16 U.S.C. 1131 et seq.). (E) shall be construed as limiting, altering, IVESTOCK.— approximately 7,176 acres, and certain Fed- (d) L modifying, or amending any of the interstate (1) IN GENERAL.—The grazing of livestock eral land managed by the Bureau of Land compacts or equitable apportionment de- in the wilderness areas, if established before Management, comprising approximately 257 crees that apportions water among and be- the date of enactment of this Act, shall be acres, generally depicted on the Map as tween the State and other States. allowed to continue, subject to such reason- ‘‘Proposed Nelson Mountain Wilderness’’, (2) STATE WATER LAW.—The Secretary shall able regulations, policies, and practices as which shall be known as the ‘‘Nelson Moun- follow the procedural and substantive re- the Secretary considers to be necessary in tain Wilderness’’. quirements of the State in order to obtain accordance with— (B) TRANSFER OF ADMINISTRATIVE JURISDIC- and hold any water rights not in existence on (A) section 4(d)(4) of the Wilderness Act (16 TION.—Administrative jurisdiction over the the date of enactment of this Act with re- 257-acre portion of the Nelson Mountain Wil- U.S.C. 1133(d)(4)); and spect to the wilderness areas. derness designated by subparagraph (A) is (B) the guidelines set forth in Appendix A of the report of the Committee on Interior (j) MEMORANDUM OF UNDERSTANDING.—The transferred from the Bureau of Land Man- Secretary shall offer to enter into a memo- agement to the Forest Service. and Insular Affairs of the House of Rep- resentatives accompanying H.R. 2570 of the randum of understanding with the County, in (15) RED’S CANYON.—Certain Federal land accordance with the Wilderness Act (16 managed by the Bureau of Land Manage- 101st Congress (House Report 101–405). NVENTORY.—With respect to each wil- U.S.C. 1131 et seq.), to clarify the approval ment, comprising approximately 17,325 acres, (2) I derness area in which grazing of livestock is processes for the use of motorized equipment generally depicted on the Map as ‘‘Proposed allowed to continue under paragraph (1), not and mechanical transport for search and res- Red’s Canyon Wilderness’’, which shall be later than 2 years after the date of enact- cue activities in the Muddy Creek Wilderness known as the ‘‘Red’s Canyon Wilderness’’. ment of this Act, the Secretary, in collabora- established by section 1231(a)(13). (16) SAN RAFAEL REEF.—Certain Federal tion with any affected grazing permittee, land managed by the Bureau of Land Man- SEC. 1233. FISH AND WILDLIFE MANAGEMENT. agement, comprising approximately 60,442 shall carry out an inventory of facilities and acres, generally depicted on the Map as improvements associated with grazing ac- Nothing in this subpart affects the juris- ‘‘Proposed San Rafael Reef Wilderness’’, tivities in the wilderness area. diction of the State with respect to fish and (e) ADJACENT MANAGEMENT.— which shall be known as the ‘‘San Rafael wildlife on public land located in the State. (1) IN GENERAL.—Congress does not intend Reef Wilderness’’. for the designation of the wilderness areas to SEC. 1234. RELEASE. (17) SID’S MOUNTAIN.—Certain Federal land create protective perimeters or buffer zones managed by the Bureau of Land Manage- (a) FINDING.—Congress finds that, for the around the wilderness areas. ment, comprising approximately 49,130 acres, purposes of section 603(c) of the Federal Land (2) NONWILDERNESS ACTIVITIES.—The fact generally depicted on the Map as ‘‘Proposed Policy and Management Act of 1976 (43 that nonwilderness activities or uses can be Sid’s Mountain Wilderness’’, which shall be U.S.C. 1782(c)), the approximately 17,420 seen or heard from areas within a wilderness known as the ‘‘Sid’s Mountain Wilderness’’. acres of public land administered by the Bu- area shall not preclude the conduct of those (18) TURTLE CANYON.—Certain Federal land reau of Land Management in the County activities or uses outside the boundary of the managed by the Bureau of Land Manage- that has not been designated as wilderness wilderness area. by section 1231(a) has been adequately stud- ment, comprising approximately 29,029 acres, (f) MILITARY OVERFLIGHTS.—Nothing in ied for wilderness designation. generally depicted on the Map as ‘‘Proposed this subpart restricts or precludes— Turtle Canyon Wilderness’’, which shall be (1) low-level overflights of military air- (b) RELEASE.—The public land described in known as the ‘‘Turtle Canyon Wilderness’’. craft over the wilderness areas, including subsection (a)— (b) MAP AND LEGAL DESCRIPTION.— military overflights that can be seen or (1) is no longer subject to section 603(c) of (1) IN GENERAL.—As soon as practicable heard within the wilderness areas; the Federal Land Policy and Management after the date of enactment of this Act, the (2) flight testing and evaluation; or Act of 1976 (43 U.S.C. 1782(c)); and Secretary shall file a map and legal descrip- (3) the designation or creation of new units (2) shall be managed in accordance with— tion of each wilderness area with— of special use airspace, or the establishment (A) applicable law; and (A) the Committee on Natural Resources of of military flight training routes, over the (B) any applicable land management plan the House of Representatives; and wilderness areas. adopted under section 202 of the Federal (B) the Committee on Energy and Natural (g) COMMERCIAL SERVICES.—Commercial Land Policy and Management Act of 1976 (43 Resources of the Senate. services (including authorized outfitting and U.S.C. 1712).

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2168 CONGRESSIONAL RECORD — HOUSE February 26, 2019 Subpart C—Wild and Scenic River legal description, subject to the requirement the Monument developed under subsection Designation that, before making the proposed correc- (e). SEC. 1241. GREEN RIVER WILD AND SCENIC tions, the Secretary shall submit to the (j) WATER RIGHTS.—Nothing in this section RIVER DESIGNATION. State and any affected county the proposed constitutes an express or implied reservation (a) IN GENERAL.—Section 3(a) of the Wild corrections. by the United States of any water or water and Scenic Rivers Act (16 U.S.C. 1274(a)) (as (3) PUBLIC AVAILABILITY.—A copy of the rights with respect to the Monument. amended by section 1205(a)(5)(B)(i)) is amend- map and legal description filed under para- (k) GRAZING.—The grazing of livestock in ed by adding at the end the following: graph (1) shall be on file and available for the Monument, if established before the date ‘‘(224) GREEN RIVER.—The approximately public inspection in the appropriate offices of enactment of this Act, shall be allowed to 63-mile segment, as generally depicted on of the Bureau of Land Management. continue, subject to such reasonable regula- the map entitled ‘Emery County Public Land (c) WITHDRAWAL.—Subject to valid existing tions, policies, and practices as the Sec- Management Act of 2018 Overview Map’ and rights, any Federal land within the bound- retary considers to be necessary in accord- dated December 11, 2018, to be administered aries of the Monument and any land or inter- ance with— by the Secretary of the Interior, in the fol- est in land that is acquired by the United (1) applicable law (including regulations); lowing classifications: States for inclusion in the Monument after (2) the guidelines set forth in Appendix A ‘‘(A) WILD RIVER SEGMENT.—The 5.3-mile the date of enactment of this Act is with- of the report of the Committee on Interior segment from the boundary of the Uintah drawn from— and Insular Affairs of the House of Rep- and Ouray Reservation, south to the (1) entry, appropriation, or disposal under resentatives accompanying H.R. 2570 of the Nefertiti boat ramp, as a wild river. the public land laws; 101st Congress (House Report 101–405); and ‘‘(B) RECREATIONAL RIVER SEGMENT.—The (2) location, entry, and patent under the (3) the purposes of the Monument. 8.5-mile segment from the Nefertiti boat mining laws; and SEC. 1253. PUBLIC LAND DISPOSAL AND ACQUISI- ramp, south to the Swasey’s boat ramp, as a (3) operation of the mineral leasing laws, TION. recreational river. geothermal leasing laws, and minerals mate- (a) IN GENERAL.—In accordance with appli- ‘‘(C) SCENIC RIVER SEGMENT.—The 49.2-mile rials laws. cable law, the Secretary may sell public land segment from Bull Bottom, south to the (d) MANAGEMENT.— located in the County that has been identi- county line between Emery and Wayne Coun- (1) IN GENERAL.—The Secretary shall man- fied as suitable for disposal based on specific ties, as a scenic river.’’. age the Monument— criteria as listed in the Federal Land Policy (b) INCORPORATION OF ACQUIRED NON-FED- (A) in a manner that conserves, protects, and Management Act of 1976 (43 U.S.C. 1713) ERAL LAND.—If the United States acquires and enhances the resources and values of the in the applicable resource management plan any non-Federal land within or adjacent to a Monument, including the resources and val- in existence on the date of enactment of this river segment of the Green River designated ues described in subsection (a); and Act. by paragraph (224) of section 3(a) of the Wild (B) in accordance with— (b) USE OF PROCEEDS.— and Scenic Rivers Act (16 U.S.C. 1274(a)) (as (i) this section; (1) IN GENERAL.—Notwithstanding any added by subsection (a)), the acquired land (ii) the Federal Land Policy and Manage- other provision of law (other than a law that shall be incorporated in, and be administered ment Act of 1976 (43 U.S.C. 1701 et seq.); and specifically provides for a portion of the pro- as part of, the applicable wild, scenic, or rec- (iii) any other applicable Federal law. ceeds of a land sale to be distributed to any reational river. (2) NATIONAL LANDSCAPE CONSERVATION SYS- trust fund of the State), proceeds from the TEM.—The Monument shall be managed as a Subpart D—Land Management and sale of public land under subsection (a) shall component of the National Landscape Con- Conveyances be deposited in a separate account in the servation System. Treasury, to be known as the ‘‘Emery Coun- SEC. 1251. GOBLIN VALLEY STATE PARK. (e) MANAGEMENT PLAN.— (a) IN GENERAL.—The Secretary shall offer ty, Utah, Land Acquisition Account’’ (re- (1) IN GENERAL.—Not later than 2 years ferred to in this section as the ‘‘Account’’). to convey to the Utah Division of Parks and after the date of enactment of this Act, the (2) AVAILABILITY.— Recreation of the Utah Department of Nat- Secretary shall develop a comprehensive (A) IN GENERAL.—Amounts in the Account ural Resources (referred to in this section as management plan for the long-term protec- the ‘‘State’’), approximately 6,261 acres of shall be available to the Secretary, without tion and management of the Monument. further appropriation, to purchase from will- land identified on the Map as the ‘‘Proposed (2) COMPONENTS.—The management plan Goblin Valley State Park Expansion’’, with- ing sellers land or interests in land within a developed under paragraph (1) shall— wilderness area or the Recreation Area. out consideration, for the management by (A) describe the appropriate uses and man- (B) APPLICABILITY.—Any purchase of land the State as a State park, consistent with agement of the Monument, consistent with uses allowed under the Act of June 14, 1926 or interest in land under subparagraph (A) the provisions of this section; and shall be in accordance with applicable law. (commonly known as the ‘‘Recreation and (B) allow for continued scientific research Public Purposes Act’’) (44 Stat. 741, chapter (C) PROTECTION OF CULTURAL RESOURCES.— at the Monument during the development of To the extent that there are amounts in the 578; 43 U.S.C. 869 et seq.). the management plan for the Monument, (b) REVERSIONARY CLAUSE REQUIRED.—A Account in excess of the amounts needed to subject to any terms and conditions that the carry out subparagraph (A), the Secretary conveyance under subsection (a) shall in- Secretary determines necessary to protect clude a reversionary clause to ensure that may use the excess amounts for the protec- Monument resources. tion of cultural resources on Federal land management of the land described in that (f) AUTHORIZED USES.—The Secretary shall within the County. subsection shall revert to the Secretary if only allow uses of the Monument that the the land is no longer being managed as a Secretary determines would further the pur- SEC. 1254. PUBLIC PURPOSE CONVEYANCES. State park in accordance with subsection (a). poses for which the Monument has been es- (a) IN GENERAL.—Notwithstanding the land SEC. 1252. JURASSIC NATIONAL MONUMENT. tablished. use planning requirement of sections 202 and (a) ESTABLISHMENT PURPOSES.—To con- (g) INTERPRETATION, EDUCATION, AND SCI- 203 of the Federal Land Policy and Manage- serve, interpret, and enhance for the benefit ENTIFIC RESEARCH.— ment Act of 1976 (43 U.S.C. 1712, 1713), on re- of present and future generations the paleon- (1) IN GENERAL.—The Secretary shall pro- quest by the applicable local governmental tological, scientific, educational, and rec- vide for public interpretation of, and edu- entity, the Secretary shall convey without reational resources of the area and subject to cation and scientific research on, the paleon- consideration the following parcels of public valid existing rights, there is established in tological resources of the Monument. land to be used for public purposes: the State the Jurassic National Monument (2) COOPERATIVE AGREEMENTS.—The Sec- (1) EMERY CITY RECREATION AREA.—The ap- (referred to in this section as the ‘‘Monu- retary may enter into cooperative agree- proximately 640-acre parcel as generally de- ment’’), consisting of approximately 850 ments with appropriate public entities to picted on the Map, to the City of Emery, acres of Federal land administered by the carry out paragraph (1). Utah, for the creation or enhancement of Bureau of Land Management in the County (h) SPECIAL MANAGEMENT AREAS.— public recreation opportunities consistent and generally depicted as ‘‘Proposed Jurassic (1) IN GENERAL.—The establishment of the with uses allowed under the Act of June 14, National Monument’’ on the Map. Monument shall not modify the management 1926 (commonly known as the ‘‘Recreation (b) MAP AND LEGAL DESCRIPTION.— status of any area within the boundary of and Public Purposes Act’’) (44 Stat. 741, (1) IN GENERAL.—Not later than 2 years the Monument that is managed as an area of chapter 578; 43 U.S.C. 869 et seq.). after the date of enactment of this Act, the critical environmental concern. (2) HUNTINGTON AIRPORT.—The approxi- Secretary shall file with the Committee on (2) CONFLICT OF LAWS.—If there is a conflict mately 320-acre parcel as generally depicted Energy and Natural Resources of the Senate between the laws applicable to an area de- on the Map, to Emery County, Utah, for ex- and the Committee on Natural Resources of scribed in paragraph (1) and this section, the pansion of Huntington Airport consistent the House of Representatives a map and more restrictive provision shall control. with uses allowed under the Act of June 14, legal description of the Monument. (i) MOTORIZED VEHICLES.—Except as needed 1926 (commonly known as the ‘‘Recreation (2) EFFECT.—The map and legal description for administrative purposes or to respond to and Public Purposes Act’’) (44 Stat. 741, filed under paragraph (1) shall have the same an emergency, the use of motorized vehicles chapter 578; 43 U.S.C. 869 et seq.). force and effect as if included in this section, in the Monument shall be allowed only on (3) EMERY COUNTY SHERIFF’S OFFICE.—The except that the Secretary may correct cler- roads and trails designated for use by motor- approximately 5-acre parcel as generally de- ical and typographical errors in the map and ized vehicles under the management plan for picted on the Map, to Emery County, Utah,

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2169 for the Emery County Sheriff’s Office sub- (A) accept the offer; and the appraisal of any parcel of Federal land station consistent with uses allowed under (B) on receipt of all right, title, and inter- that is encumbered by a mining or millsite the Act of June 14, 1926 (commonly known as est in and to the non-Federal land, convey to claim located under sections 2318 through the ‘‘Recreation and Public Purposes Act’’) the State (or a designee) all right, title, and 2352 of the Revised Statutes (commonly (44 Stat. 741, chapter 578; 43 U.S.C. 869 et interest of the United States in and to the known as the ‘‘Mining Law of 1872’’) (30 seq.). Federal land. U.S.C. 21 et seq.) shall be appraised in ac- (4) BUCKHORN INFORMATION CENTER.—The (2) CONVEYANCE OF PARCELS IN PHASES.— cordance with standard appraisal practices, approximately 5-acre parcel as generally de- (A) IN GENERAL.—Notwithstanding that ap- including, as appropriate, the Uniform Ap- picted on the Map, to Emery County, Utah, praisals for all of the parcels of Federal land praisal Standards for Federal Land Acquisi- for the Buckhorn Information Center con- and non-Federal land may not have been ap- tion. sistent with uses allowed under the Act of proved under subsection (c)(5), parcels of the (C) VALIDITY EXAMINATIONS.—Nothing in June 14, 1926 (commonly known as the Federal land and non-Federal land may be this subsection requires the United States to ‘‘Recreation and Public Purposes Act’’) (44 exchanged under paragraph (1) in phases, to conduct a mineral examination for any min- Stat. 741, chapter 578; 43 U.S.C. 869 et seq.). be mutually agreed by the Secretary and the ing claim on the Federal land. (b) MAP AND LEGAL DESCRIPTION.— State, beginning on the date on which the (D) ADJUSTMENT.— (1) IN GENERAL.—As soon as practicable appraised values of the parcels included in (i) IN GENERAL.—If value is attributed to after the date of enactment of this Act, the the applicable phase are approved. any parcel of Federal land because of the Secretary shall file a map and legal descrip- (B) NO AGREEMENT ON EXCHANGE.—If any presence of minerals subject to leasing under tion of each parcel of land to be conveyed dispute or delay arises with respect to the the Mineral Leasing Act (30 U.S.C. 181 et under subsection (a) with— exchange of an individual parcel of Federal seq.), the value of the parcel (as otherwise (A) the Committee on Energy and Natural land or non-Federal land under paragraph established under this subsection) shall be Resources of the Senate; and (1), the Secretary and the State may mutu- reduced by the percentage of the applicable (B) the Committee on Natural Resources of ally agree to set aside the individual parcel Federal revenue sharing obligation under the House of Representatives. to allow the exchange of the other parcels of section 35(a) of the Mineral Leasing Act (30 (2) EFFECT.—Each map and legal descrip- Federal land and non-Federal land to pro- U.S.C. 191(a)). tion filed under paragraph (1) shall have the ceed. (ii) LIMITATION.—An adjustment under same force and effect as if included in this (3) EXCLUSION.— clause (i) shall not be considered to be a part, except that the Secretary may correct (A) IN GENERAL.—The Secretary shall ex- property right of the State. clerical or typographical errors in the map clude from any conveyance of a parcel of (5) APPROVAL.—An appraisal conducted and legal description. Federal land under paragraph (1) any Federal under paragraph (1) shall be submitted to the (3) PUBLIC AVAILABILITY.—Each map and land that contains critical habitat des- Secretary and the State for approval. legal description filed under paragraph (1) ignated for a species listed as an endangered (6) DURATION.—An appraisal conducted shall be on file and available for public in- species or a threatened species under the En- under paragraph (1) shall remain valid for 3 spection in the Price Field Office of the Bu- dangered Species Act of 1973 (16 U.S.C. 1531 et years after the date on which the appraisal is reau of Land Management. seq.). approved by the Secretary and the State. (c) REVERSION.— (B) REQUIREMENT.—Any Federal land ex- (7) COST OF APPRAISAL.— (1) IN GENERAL.—If a parcel of land con- cluded under subparagraph (A) shall be the (A) IN GENERAL.—The cost of an appraisal veyed under subsection (a) is used for a pur- smallest area necessary to protect the appli- conducted under paragraph (1) shall be paid pose other than the purpose described in that cable critical habitat. equally by the Secretary and the State. subsection, the parcel of land shall, at the (4) APPLICABLE LAW.— (B) REIMBURSEMENT BY SECRETARY.—If the discretion of the Secretary, revert to the (A) IN GENERAL.—The land exchange under State retains an appraiser in accordance United States. paragraph (1) shall be subject to section 206 with paragraph (2), the Secretary shall reim- (2) RESPONSIBILITY FOR REMEDIATION.—In of the Federal Land Policy and Management burse the State in an amount equal to 50 per- the case of a reversion under paragraph (1), if Act of 1976 (43 U.S.C. 1716) and other applica- cent of the costs incurred by the State. the Secretary determines that the parcel of ble law. (d) CONVEYANCE OF TITLE.—It is the intent land is contaminated with hazardous waste, (B) LAND USE PLANNING.—With respect to of Congress that the land exchange author- the local governmental entity to which the the Federal land to be conveyed under para- ized under subsection (b)(1) shall be com- parcel of land was conveyed under subsection graph (1), the Secretary shall not be required pleted not later than 1 year after the date of (a) shall be responsible for remediation. to undertake any additional land use plan- final approval by the Secretary and the SEC. 1255. EXCHANGE OF BLM AND SCHOOL AND ning under section 202 of the Federal Land State of the appraisals conducted under sub- INSTITUTIONAL TRUST LANDS AD- Policy and Management Act of 1976 (43 section (c). MINISTRATION LAND. U.S.C. 1712) before the conveyance of the (e) PUBLIC INSPECTION AND NOTICE.— (a) DEFINITIONS.—In this section: Federal land. (1) PUBLIC INSPECTION.—Not later than 30 (1) EXCHANGE MAP.—The term ‘‘Exchange (5) VALID EXISTING RIGHTS.—The land ex- days before the date of any exchange of Fed- Map’’ means the map prepared by the Bureau change under paragraph (1) shall be subject eral land and non-Federal land under sub- of Land Management entitled ‘‘Emery Coun- to valid existing rights. section (b)(1), all final appraisals and ap- ty Public Land Management Act—Proposed (6) TITLE APPROVAL.—Title to the Federal praisal reviews for the land to be exchanged Land Exchange’’ and dated December, 10, land and non-Federal land to be exchanged shall be available for public review at the of- 2018. under paragraph (1) shall be in a form ac- fice of the State Director of the Bureau of (2) FEDERAL LAND.—The term ‘‘Federal ceptable to the Secretary and the State. Land Management in the State of Utah. land’’ means public land located in the State (c) APPRAISALS.— (2) NOTICE.—The Secretary shall make of Utah that is identified on the Exchange (1) IN GENERAL.—The value of the Federal available on the public website of the Sec- Map as— land and the non-Federal land to be ex- retary, and the Secretary or the State, as ap- (A) ‘‘BLM Surface and Mineral Lands Pro- changed under subsection (b)(1) shall be de- plicable, shall publish in a newspaper of gen- posed for Transfer to SITLA’’; termined by appraisals conducted by 1 or eral circulation in Salt Lake County, Utah, (B) ‘‘BLM Mineral Lands Proposed for more independent and qualified appraisers. a notice that the appraisals conducted under Transfer to SITLA’’; and (2) STATE APPRAISER.—The Secretary and subsection (c) are available for public inspec- (C) ‘‘BLM Surface Lands Proposed for the State may agree to use an independent tion. Transfer to SITLA’’. and qualified appraiser— (f) EQUAL VALUE EXCHANGE.— (3) NON-FEDERAL LAND.—The term ‘‘non- (A) retained by the State; and (1) IN GENERAL.—The value of the Federal Federal land’’ means the land owned by the (B) approved by the Secretary. land and non-Federal land to be exchanged State in the Emery and Uintah Counties (3) APPLICABLE LAW.—The appraisals under under subsection (b)(1)— that is identified on the Exchange Map as— paragraph (1) shall be conducted in accord- (A) shall be equal; or (A) ‘‘SITLA Surface and Mineral Land Pro- ance with nationally recognized appraisal (B) shall be made equal in accordance with posed for Transfer to BLM’’; standards, including, as appropriate— paragraph (2). (B) ‘‘SITLA Mineral Lands Proposed for (A) the Uniform Appraisal Standards for (2) EQUALIZATION.— Transfer to BLM’’; and Federal Land Acquisitions; and (A) SURPLUS OF FEDERAL LAND.—With re- (C) ‘‘SITLA Surface Lands Proposed for (B) the Uniform Standards of Professional spect to any Federal land and non-Federal Transfer to BLM’’. Appraisal Practice. land to be exchanged under subsection (b)(1), (4) STATE.—The term ‘‘State’’ means the (4) MINERALS.— if the value of the Federal land exceeds the State, acting through the School and Insti- (A) MINERAL REPORTS.—The appraisals value of the non-Federal land, the value of tutional Trust Lands Administration. under paragraph (1) may take into account the Federal land and non-Federal land shall (b) EXCHANGE OF FEDERAL LAND AND NON- mineral and technical reports provided by be equalized by— FEDERAL LAND.— the Secretary and the State in the evalua- (i) the State conveying to the Secretary, as (1) IN GENERAL.—If the State offers to con- tion of mineral deposits in the Federal land necessary to equalize the value of the Fed- vey to the United States title to the non- and non-Federal land. eral land and non-Federal land, after the ac- Federal land, the Secretary, in accordance (B) MINING CLAIMS.—To the extent permis- quisition of all State trust land located with- with this section, shall— sible under applicable appraisal standards, in the wilderness areas or recreation area

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2170 CONGRESSIONAL RECORD — HOUSE February 26, 2019 designated by this part, State trust land lo- ject to valid existing rights, the Federal land ‘‘(C) The approximately 2.4-mile segment cated within any of the wilderness areas or to be conveyed to the State under subsection of the main stem of Salmon Brook extending national conservation areas in Washington (b)(1) is withdrawn from mineral location, from the confluence of the East and West County, Utah, established under subtitle O of entry, and patent under the mining laws Branches to the confluence with the Farm- title I of the Omnibus Public Land Manage- pending conveyance of the Federal land to ington River as a recreational river. ment Act of 2009 (Public Law 111–11; 123 Stat. the State. ‘‘(D) The approximately 12.6-mile segment 1075); and Subtitle D—Wild and Scenic Rivers of the West Branch of Salmon Brook extend- (ii) the State, to the extent necessary to ing from its headwaters in Hartland, Con- equalize any remaining imbalance of value SEC. 1301. LOWER FARMINGTON RIVER AND SALMON BROOK WILD AND SCENIC necticut, to its confluence with the East after all available Washington County, Utah, RIVER. Branch of Salmon Brook as a recreational land described in clause (i) has been con- (a) FINDINGS.—Congress finds that— river. veyed to the Secretary, conveying to the (1) the Lower Farmington River and Salm- ‘‘(E) The approximately 11.4-mile segment Secretary additional State trust land as on Brook Study Act of 2005 (Public Law 109– of the East Branch of Salmon Brook extend- identified and agreed on by the Secretary 370) authorized the study of the Farmington ing from the Massachusetts-Connecticut and the State. River downstream from the segment des- State line to the confluence with the West (B) SURPLUS OF NON-FEDERAL LAND.—If the ignated as a recreational river by section Branch of Salmon Brook as a recreational value of the non-Federal land exceeds the 3(a)(156) of the Wild and Scenic Rivers Act river.’’. value of the Federal land, the value of the (16 U.S.C. 1277(a)(156)) to its confluence with (c) MANAGEMENT.— Federal land and the non-Federal land shall the Connecticut River, and the segment of (1) IN GENERAL.—The river segments des- be equalized— the Salmon Brook including its main stem ignated by subsection (b) shall be managed (i) by the Secretary making a cash equali- and east and west branches for potential in- in accordance with the management plan zation payment to the State, in accordance clusion in the National Wild and Scenic Riv- and such amendments to the management with section 206(b) of the Federal Land Pol- ers System; plan as the Secretary determines are con- icy and Management Act of 1976 (43 U.S.C. (2) the studied segments of the Lower sistent with this section. The management 1716(b)); or Farmington River and Salmon Brook sup- plan shall be deemed to satisfy the require- (ii) by removing non-Federal land from the port natural, cultural, and recreational re- ments for a comprehensive management plan exchange. sources of exceptional significance to the pursuant to section 3(d) of the Wild and Sce- (g) INDIAN TRIBES.—The Secretary shall citizens of Connecticut and the Nation; nic Rivers Act (16 U.S.C. 1274(d)). consult with any federally recognized Indian (3) concurrently with the preparation of (2) COMMITTEE.—The Secretary shall co- Tribe in the vicinity of the Federal land and the study, the Lower Farmington River and ordinate the management responsibilities of non-Federal land to be exchanged under sub- the Secretary under this section with the section (b)(1) before the completion of the Salmon Brook Wild and Scenic Study Com- land exchange. mittee prepared the Lower Farmington Lower Farmington River and Salmon Brook (h) APPURTENANT WATER RIGHTS.—Any River and Salmon Brook Management Plan, Wild and Scenic Committee, as specified in conveyance of a parcel of Federal land or June 2011 (referred to in this section as the the management plan. non-Federal land under subsection (b)(1) ‘‘management plan’’), that establishes objec- (3) COOPERATIVE AGREEMENTS.— shall include the conveyance of water rights tives, standards, and action programs that (A) IN GENERAL.—In order to provide for appurtenant to the parcel conveyed. will ensure the long-term protection of the the long-term protection, preservation, and (i) GRAZING PERMITS.— outstanding values of the river segments enhancement of the river segment des- (1) IN GENERAL.—If the Federal land or non- without Federal management of affected ignated by subsection (b), the Secretary is Federal land exchanged under subsection lands not owned by the United States; authorized to enter into cooperative agree- (b)(1) is subject to a lease, permit, or con- (4) the Lower Farmington River and Salm- ments pursuant to sections 10(e) and 11(b)(1) tract for the grazing of domestic livestock in on Brook Wild and Scenic Study Committee of the Wild and Scenic Rivers Act (16 U.S.C. effect on the date of acquisition, the Sec- has voted in favor of Wild and Scenic River 1281(e), 1282(b)(1)) with— retary and the State shall allow the grazing designation for the river segments, and has (i) the State of Connecticut; to continue for the remainder of the term of included this recommendation as an integral (ii) the towns of Avon, Bloomfield, Bur- the lease, permit, or contract, subject to the part of the management plan; lington, East Granby, Farmington, Granby, related terms and conditions of user agree- (5) there is strong local support for the pro- Hartland, Simsbury, and Windsor in Con- ments, including permitted stocking rates, tection of the Lower Farmington River and necticut; and grazing fee levels, access rights, and owner- Salmon Brook, including votes of support for (iii) appropriate local planning and envi- ship and use of range improvements. Wild and Scenic designation from the gov- ronmental organizations. (2) RENEWAL.—To the extent allowed by erning bodies of all ten communities abut- (B) CONSISTENCY.—All cooperative agree- Federal or State law, on expiration of any ting the study area; ments provided for under this section shall grazing lease, permit, or contract described (6) the State of Connecticut General As- be consistent with the management plan and in paragraph (1), the holder of the lease, per- sembly has endorsed the designation of the may include provisions for financial or other mit, or contract shall be entitled to a pref- Lower Farmington River and Salmon Brook assistance from the United States. erence right to renew the lease, permit, or as components of the National Wild and Sce- (4) LAND MANAGEMENT.— contract. nic Rivers System (Public Act 08–37); and (A) ZONING ORDINANCES.—For the purposes (3) CANCELLATION.— (7) the Rainbow Dam and Reservoir are lo- of the segments designated in subsection (b), (A) IN GENERAL.—Nothing in this section cated entirely outside of the river segment the zoning ordinances adopted by the towns prevents the Secretary or the State from designated by subsection (b), and, based on in Avon, Bloomfield, Burlington, East Gran- canceling or modifying a grazing permit, the findings of the study of the Lower Farm- by, Farmington, Granby, Hartland, lease, or contract if the Federal land or non- ington River pursuant to Public Law 109–370, Simsbury, and Windsor in Connecticut, in- Federal land subject to the permit, lease, or this hydroelectric project (including all as- cluding provisions for conservation of contract is sold, conveyed, transferred, or pects of its facilities, operations, and trans- floodplains, wetlands, and watercourses asso- leased for non-grazing purposes by the Sec- mission lines) is compatible with the des- ciated with the segments, shall be deemed to retary or the State. ignation made by subsection (b). satisfy the standards and requirements of (B) LIMITATION.—Except to the extent rea- (b) DESIGNATION.—Section 3(a) of the Wild section 6(c) of the Wild and Scenic Rivers sonably necessary to accommodate surface and Scenic Rivers Act (16 U.S.C. 1274(a)) (as Act (16 U.S.C. 1277(c)). operations in support of mineral develop- amended by section 1241(a)) is amended by (B) ACQUISITION OF LAND.—The provisions ment, the Secretary or the State shall not adding at the end the following: of section 6(c) of the Wild and Scenic Rivers cancel or modify a grazing permit, lease, or ‘‘(225) LOWER FARMINGTON RIVER AND SALM- Act (16 U.S.C. 1277(c)) that prohibit Federal contract because the land subject to the per- ON BROOK, CONNECTICUT.—Segments of the acquisition of lands by condemnation shall mit, lease, or contract has been leased for main stem and its tributary, Salmon Brook, apply to the segments designated in sub- mineral development. totaling approximately 62 miles, to be ad- section (b). The authority of the Secretary (4) BASE PROPERTIES.—If non-Federal land ministered by the Secretary of the Interior to acquire lands for the purposes of the seg- conveyed by the State under subsection as follows: ments designated in subsection (b) shall be (b)(1) is used by a grazing permittee or lessee ‘‘(A) The approximately 27.2-mile segment limited to acquisition by donation or acqui- to meet the base property requirements for a of the Farmington River beginning 0.2 miles sition with the consent of the owner of the Federal grazing permit or lease, the land below the tailrace of the Lower Collinsville lands, and shall be subject to the additional shall continue to qualify as a base property Dam and extending to the site of the criteria set forth in the management plan. for— Spoonville Dam in Bloomfield and East (5) RAINBOW DAM.—The designation made (A) the remaining term of the lease or per- Granby as a recreational river. by subsection (b) shall not be construed to— mit; and ‘‘(B) The approximately 8.1-mile segment (A) prohibit, pre-empt, or abridge the po- (B) the term of any renewal or extension of of the Farmington River extending from 0.5 tential future licensing of the Rainbow Dam the lease or permit. miles below the Rainbow Dam to the con- and Reservoir (including any and all aspects (j) WITHDRAWAL OF FEDERAL LAND FROM fluence with the Connecticut River in Wind- of its facilities, operations and transmission MINERAL ENTRY PRIOR TO EXCHANGE.—Sub- sor as a recreational river. lines) by the Federal Energy Regulatory

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2171 Commission as a federally licensed hydro- Pawcatuck Point in Stonington, Con- accordance with sections 10(e) and 11(b)(1) of electric generation project under the Federal necticut, and Rhodes Point in Westerly, the Wild and Scenic Rivers Act (16 U.S.C. Power Act (16 U.S.C. 791a et seq.), provided Rhode Island, as a recreational river. 1281(e), 1282(b)(1)), the Secretary may enter that the Commission may, in the discretion ‘‘(I) The approximately 11-mile segment of into cooperative agreements (which may in- of the Commission and consistent with this the Queen River from its headwaters in Exe- clude provisions for financial or other assist- section, establish such reasonable terms and ter and West Greenwich, Rhode Island, to the ance from the Federal Government) with— conditions in a hydropower license for Rain- Kingstown Road Bridge in South Kingstown, (A) the States of Connecticut and Rhode bow Dam as are necessary to reduce impacts Rhode Island, as a scenic river. Island; identified by the Secretary as invading or ‘‘(J) The approximately 5-mile segment of (B) political subdivisions of the States of unreasonably diminishing the scenic, rec- the Usquepaugh River from the Kingstown Connecticut and Rhode Island, including— reational, and fish and wildlife values of the Road Bridge to its confluence with the (i) the towns of North Stonington, Ster- segments designated by subsection (b); or Pawcatuck River in South Kingstown, Rhode ling, Stonington, and Voluntown, Con- (B) affect the operation of, or impose any Island, as a wild river. necticut; and flow or release requirements on, the unli- ‘‘(K) The approximately 8-mile segment of (ii) the towns of Charlestown, Exeter, censed hydroelectric facility at Rainbow the Shunock River from its headwaters in Hopkinton, North Kingstown, Richmond, Dam and Reservoir. North Stonington, Connecticut, to its con- South Kingstown, Westerly, and West (6) RELATION TO NATIONAL PARK SYSTEM.— fluence with the Pawcatuck River as a rec- Kingstown, Rhode Island; Notwithstanding section 10(c) of the Wild reational river. (C) the Wood-Pawcatuck Wild and Scenic and Scenic Rivers Act (16 U.S.C. 1281(c)), the ‘‘(L) The approximately 13-mile segment of Rivers Stewardship Council; and Lower Farmington River shall not be admin- the Wood River from its headwaters in Ster- (D) any appropriate nonprofit organiza- istered as part of the National Park System ling and Voluntown, Connecticut, and Exeter or be subject to regulations which govern the and West Greenwich, Rhode Island, to the tion, as determined by the Secretary. National Park System. Arcadia Road Bridge in Hopkinton and Rich- (4) RELATION TO NATIONAL PARK SYSTEM.— (d) FARMINGTON RIVER, CONNECTICUT, DES- mond, Rhode Island, as a wild river. Notwithstanding section 10(c) of the Wild IGNATION REVISION.—Section 3(a)(156) of the ‘‘(M) The approximately 11-mile segment and Scenic Rivers Act (16 U.S.C. 1281(c)), Wild and Scenic Rivers Act (16 U.S.C. of the Wood River from the Arcadia Road each river segment shall not be— 1274(a)(156)) is amended in the first sen- Bridge in Hopkinton and Richmond, Rhode (A) administered as a unit of the National tence— Island, to the confluence with the Park System; or (1) by striking ‘‘14-mile’’ and inserting Pawcatuck River in Charlestown, (B) subject to the laws (including regula- ‘‘15.1-mile’’; and Hopkinton, and Richmond, Rhode Island, as tions) that govern the administration of the (2) by striking ‘‘to the downstream end of a recreational river.’’. National Park System. the New Hartford-Canton, Connecticut town (b) MANAGEMENT OF RIVER SEGMENTS.— (5) LAND MANAGEMENT.— line’’ and inserting ‘‘to the confluence with (1) DEFINITIONS.—In this subsection: (A) ZONING ORDINANCES.—The zoning ordi- the Nepaug River’’. (A) COVERED TRIBUTARY.—The term ‘‘cov- nances adopted by the towns of North SEC. 1302. WOOD-PAWCATUCK WATERSHED WILD ered tributary’’ means— Stonington, Sterling, Stonington, and AND SCENIC RIVER SEGMENTS. (i) each of Assekonk Brook, Breakheart Voluntown, Connecticut, and Charlestown, (a) DESIGNATION.—Section 3(a) of the Wild Brook, Brushy Brook, Canochet Brook, Exeter, Hopkinton, North Kingstown, Rich- and Scenic Rivers Act (16 U.S.C. 1274(a)) (as Chickasheen Brook, Cedar Swamp Brook, mond, South Kingstown, Westerly, and West amended by section 1301(b)) is amended by Fisherville Brook, Glade Brook, Glen Rock Greenwich, Rhode Island (including any pro- adding at the end the following: Brook, Kelly Brook, Locke Brook, Meadow vision of the zoning ordinances relating to ‘‘(226) WOOD-PAWCATUCK WATERSHED, RHODE Brook, Pendleton Brook, Parris Brook, the conservation of floodplains, wetlands, ISLAND AND CONNECTICUT.—The following Passquisett Brook, Phillips Brook, Poquiant and watercourses associated with any river river segments within the Wood-Pawcatuck Brook, Queens Fort Brook, Roaring Brook, segment), shall be considered to satisfy the watershed, to be administered by the Sec- Sherman Brook, Taney Brook, Tomaquag standards and requirements described in sec- retary of the Interior, in cooperation with Brook, White Brook, and Wyassup Brook tion 6(c) of the Wild and Scenic Rivers Act the Wood-Pawcatuck Wild and Scenic Rivers within the Wood-Pawcatuck watershed; and (16 U.S.C. 1277(c)). Stewardship Council: (ii) any other perennial stream within the (B) VILLAGES.—For purposes of section 6(c) ‘‘(A) The approximately 11-mile segment of Wood-Pawcatuck watershed. of the Wild and Scenic Rivers Act (16 U.S.C. the Beaver River from its headwaters in Exe- (B) RIVER SEGMENT.—The term ‘‘river seg- 1277(c)), each town described in subparagraph ter and West Greenwich, Rhode Island, to its ment’’ means a river segment designated by (A) shall be considered to be a village. confluence with the Pawcatuck River in paragraph (226) of section 3(a) of the Wild (C) ACQUISITION OF LAND.— Richmond, Rhode Island, as a scenic river. and Scenic Rivers Act (16 U.S.C. 1274(a)) (as (i) LIMITATION OF AUTHORITY OF SEC- ‘‘(B) The approximately 3-mile segment of added by subsection (a)). RETARY.—With respect to each river seg- the Chipuxet River from the Kingstown Road (C) STEWARDSHIP PLAN.—The term ‘‘Stew- ment, the Secretary may only acquire par- Bridge, South Kingstown, Rhode Island, to ardship Plan’’ means the plan entitled the cels of land— its outlet in Worden Pond, as a wild river. ‘‘Wood-Pawcatuck Wild and Scenic Rivers (I) by donation; or ‘‘(C) The approximately 9-mile segment of Stewardship Plan for the Beaver, Chipuxet, (II) with the consent of the owner of the the Green Fall River from its headwaters in Green Fall-Ashaway, Pawcatuck, Queen- parcel of land. Voluntown, Connecticut, to its confluence Usquepaugh, Shunock, and Wood Rivers’’ (ii) PROHIBITION RELATING TO THE ACQUISI- with the Ashaway River in Hopkinton, and dated June 2018, which takes a watershed TION OF LAND BY CONDEMNATION.—In accord- Rhode Island, as a scenic river. approach to the management of the river ance with 6(c) of the Wild and Scenic Rivers ‘‘(D) The approximately 3-mile segment of segments. Act (16 U.S.C. 1277(c)), with respect to each the Ashaway River from its confluence with (2) WOOD-PAWCATUCK WILD AND SCENIC RIV- river segment, the Secretary may not ac- the Green Fall River to its confluence with ERS STEWARDSHIP PLAN.— quire any parcel of land by condemnation. the Pawcatuck River in Hopkinton, Rhode (A) IN GENERAL.—The Secretary, in co- Island, as a recreational river. operation with the Wood-Pawcatuck Wild SEC. 1303. NASHUA WILD AND SCENIC RIVERS, ‘‘(E) The approximately 3-mile segment of and Scenic Rivers Stewardship Council, shall MASSACHUSETTS AND NEW HAMP- the Pawcatuck River from the Worden Pond manage the river segments in accordance SHIRE. outlet in South Kingstown, Rhode Island, to with— (a) DESIGNATION OF WILD AND SCENIC RIVER the South County Trail Bridge, Charlestown (i) the Stewardship Plan; and SEGMENTS.—Section 3(a) of the Wild and Sce- and South Kingstown, Rhode Island, as a (ii) any amendment to the Stewardship wild river. Plan that the Secretary determines is con- nic Rivers Act (16 U.S.C. 1274(a)) (as amended ‘‘(F) The approximately 4-mile segment of sistent with this subsection. by section 1302(a)) is amended by adding at the Pawcatuck River from South County (B) WATERSHED APPROACH.—In furtherance the end the following: Trail Bridge, Charlestown and South of the watershed approach to resource pres- ‘‘(227) NASHUA, SQUANNACOOK, AND Kingstown, Rhode Island, to the Carolina ervation and enhancement described in the NISSITISSIT WILD AND SCENIC RIVERS, MASSA- Back Road Bridge in Richmond and Charles- Stewardship Plan, the covered tributaries CHUSETTS AND NEW HAMPSHIRE.— town, Rhode Island, as a recreational river. are recognized as integral to the protection ‘‘(A) The following segments in the Com- ‘‘(G) The approximately 21-mile segment of and enhancement of the river segments. monwealth of Massachusetts and State of the Pawcatuck River from Carolina Back (C) REQUIREMENTS FOR COMPREHENSIVE New Hampshire, to be administered by the Road Bridge in Richmond and Charlestown, MANAGEMENT PLAN.—The Stewardship Plan Secretary of the Interior as a scenic river: Rhode Island, to the confluence with shall be considered to satisfy each require- ‘‘(i) The approximately 27-mile segment of Shunock River in Stonington, Connecticut, ment for a comprehensive management plan the mainstem of the Nashua River from the as a scenic river. required under section 3(d) of the Wild and confluence of the North and South Nashua ‘‘(H) The approximately 8-mile segment of Scenic Rivers Act (16 U.S.C. 1274(d)). Rivers in Lancaster, Massachusetts, and ex- the Pawcatuck River from the confluence (3) COOPERATIVE AGREEMENTS.—To provide tending north to the Massachusetts-New with Shunock River in Stonington, Con- for the long-term protection, preservation, Hampshire border, except as provided in sub- necticut, to the mouth of the river between and enhancement of each river segment, in paragraph (B).

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‘‘(ii) The approximately 16.3-mile segment (A) IN GENERAL.—The designation of the (3) STATE.—The term ‘‘State’’ means the of the Squannacook River from its head- river segments by paragraph (227) of section State of California. waters in Ash Swamp, Townsend, Massachu- 3(a) of the Wild and Scenic Rivers Act (16 PART I—DESIGNATION OF WILDERNESS setts, extending downstream to the con- U.S.C. 1274(a)) (as added by subsection (a)), IN THE CALIFORNIA DESERT CON- fluence of the river with the Nashua River in does not— SERVATION AREA Shirley/Ayer, Massachusetts, except as pro- (i) impact or alter the existing terms of SEC. 1411. CALIFORNIA DESERT CONSERVATION vided in subparagraph (B). permitting, licensing, or operation of— AND RECREATION. ‘‘(iii) The approximately 9.5-mile segment (I) the Pepperell hydroelectric project (a) DESIGNATION OF WILDERNESS AREAS TO of the Nissitissit River from its headwaters (FERC Project P–12721, Nashua River, BE ADMINISTERED BY THE BUREAU OF LAND in Brookline, New Hampshire, to the con- Pepperell, MA); MANAGEMENT.—Section 102 of the California fluence of the river with the Nashua River in (II) the Ice House hydroelectric project Desert Protection Act of 1994 (16 U.S.C. 1132 Pepperell, Massachusetts. (FERC Project P–12769, Nashua River, Ayer, note; Public Law 103–433; 108 Stat. 4472) is ‘‘(B) EXCLUSION AREAS.—The designation of MA); or amended by adding at the end the following: the river segments in subparagraph (A) shall (III) the Hollingsworth and Vose Dam (non- ‘‘(70) AVAWATZ MOUNTAINS WILDERNESS.— exclude— FERC industrial facility, Squannacook Certain land in the California Desert Con- ‘‘(i) with respect to the Ice House hydro- River, West Groton, MA) as further described servation Area administered by the Director electric project (FERC P–12769), from 700 feet in the management plan (Appendix A, of the Bureau of Land Management, com- upstream from the crest of the dam to 500 ‘‘Working Dams’’); or prising approximately 89,500 acres, as gen- feet downstream from the crest of the dam; (ii) preclude the Federal Energy Regu- erally depicted on the map entitled ‘Pro- ‘‘(ii) with respect to the Pepperell hydro- latory Commission from licensing, reli- posed Avawatz Mountains Wilderness’ and electric project (FERC P12721), from 9,240 censing, or otherwise authorizing the oper- dated November 7, 2018, to be known as the feet upstream from the crest of the dam to ation or continued operation of the Pepperell ‘Avawatz Mountains Wilderness’. 1,000 feet downstream from the crest of the and Ice House hydroelectric projects under ‘‘(71) GREAT FALLS BASIN WILDERNESS.—Cer- dam; and the terms of licenses or exemptions in effect tain land in the California Desert Conserva- ‘‘(iii) with respect to the Hollingsworth on the date of enactment of this Act; or tion Area administered by the Director of and Vose dam (non-FERC), from 1,200 feet (iii) limit actions taken to modernize, up- the Bureau of Land Management, comprising upstream from the crest of the dam to 2,665 grade, or carry out other changes to such approximately 7,810 acres, as generally de- feet downstream from the crest of the dam.’’. projects authorized pursuant to clause (i), picted on the map entitled ‘Proposed Great ANAGEMENT.— (b) M subject to written determination by the Sec- Falls Basin Wilderness’ and dated November (1) PROCESS.— retary that the changes are consistent with 7, 2018, to be known as the ‘Great Falls Basin (A) IN GENERAL.—The river segments des- the purposes of the designation. Wilderness’. ignated by paragraph (227) of section 3(a) of (5) LAND MANAGEMENT.— ‘‘(72) SODA MOUNTAINS WILDERNESS.—Cer- the Wild and Scenic Rivers Act (16 U.S.C. (A) ZONING ORDINANCES.—For the purpose tain land in the California Desert Conserva- 1274(a)) (as added by subsection (a)) shall be of the segments designated by paragraph tion Area, administered by the Bureau of managed in accordance with— (227) of section 3(a) of the Wild and Scenic Land Management, comprising approxi- (i) the Nashua, Squannacook, and Rivers Act (16 U.S.C. 1274(a)) (as added by mately 80,090 acres, as generally depicted on Nissitissit Rivers Stewardship Plan devel- subsection (a)), the zoning ordinances adopt- the map entitled ‘Proposed Soda Mountains oped pursuant to the study described in sec- ed by the municipalities described in para- Wilderness’ and dated November 7, 2018, to be tion 5(b)(21) of the Wild and Scenic Rivers known as the ‘Soda Mountains Wilderness’. Act (16 U.S.C. 1276(b)(21)) (referred to in this graph (3)(A)(ii), including provisions for con- servation of floodplains, wetlands, and wa- ‘‘(73) MILPITAS WASH WILDERNESS.—Certain subsection as the ‘‘management plan’’), land in the California Desert Conservation dated February 15, 2018; and tercourses associated with the segments, shall be deemed to satisfy the standards and Area, administered by the Bureau of Land (ii) such amendments to the management Management, comprising approximately plan as the Secretary determines are con- requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). 17,250 acres, depicted as ‘Proposed Milpitas sistent with this section and as are approved Wash Wilderness’ on the map entitled ‘Pro- (B) ACQUISITIONS OF LANDS.—The authority by the Nashua, Squannacook, and Nissitissit posed Vinagre Wash Special Management Rivers Stewardship Council (referred to in of the Secretary to acquire land for the pur- poses of the segments designated by para- Area and Proposed Wilderness’ and dated De- this subsection as the ‘‘Stewardship Coun- cember 4, 2018, to be known as the ‘Milpitas cil’’). graph (227) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as Wash Wilderness’. (B) COMPREHENSIVE MANAGEMENT PLAN.— UZZARDS PEAK WILDERNESS.—Certain added by subsection (a)) shall be— ‘‘(74) B The management plan shall be considered to land in the California Desert Conservation (i) limited to acquisition by donation or satisfy the requirements for a comprehensive Area, administered by the Bureau of Land acquisition with the consent of the owner of management plan under section 3(d) of the Management, comprising approximately the land; and Wild and Scenic Rivers Act (16 U.S.C. 11,840 acres, depicted as ‘Proposed Buzzards (ii) subject to the additional criteria set 1274(d)). Peak Wilderness’ on the map entitled ‘Pro- forth in the management plan. (2) COMMITTEE.—The Secretary shall co- posed Vinagre Wash Special Management (C) NO CONDEMNATION.—No land or interest ordinate the management responsibilities of Area and Proposed Wilderness’ and dated De- in land within the boundary of the river seg- the Secretary under this section with the cember 4, 2018, to be known as the ‘Buzzards ments designated by paragraph (227) of sec- Stewardship Council, as specified in the Peak Wilderness’.’’. tion 3(a) of the Wild and Scenic Rivers Act management plan. (b) ADDITIONS TO EXISTING WILDERNESS (16 U.S.C. 1274(a)) (as added by subsection (a)) (3) COOPERATIVE AGREEMENTS.— AREAS ADMINISTERED BY THE BUREAU OF may be acquired by condemnation. (A) IN GENERAL.—In order to provide for LAND MANAGEMENT.—In furtherance of the the long-term protection, preservation, and (6) RELATION TO THE NATIONAL PARK SYS- purposes of the Wilderness Act (16 U.S.C. 1131 enhancement of the river segments des- TEM.—Notwithstanding section 10(c) of the et seq.), the following land in the State is ignated by paragraph (227) of section 3(a) of Wild and Scenic Rivers Act(16 U.S.C. 1281(c)), designated as wilderness and as components the Wild and Scenic Rivers Act (16 U.S.C. each segment of the Nashua, Squannacook, of the National Wilderness Preservation Sys- 1274(a)) (as added by subsection (a)), the Sec- and Nissitissit Rivers designated as a compo- tem: retary may enter into cooperative agree- nent of the Wild and Scenic Rivers System (1) GOLDEN VALLEY WILDERNESS.—Certain ments pursuant to sections 10(e) and 11(b)(1) under this section shall not— land in the Conservation Area administered of that Act (16 U.S.C. 1281(e), 1282(b)(1)) (A) be administered as a unit of the Na- by the Director of the Bureau of Land Man- with— tional Park System; or agement, comprising approximately 1,250 (i) the Commonwealth of Massachusetts (B) be subject to regulations that govern acres, as generally depicted on the map enti- and the State of New Hampshire; the National Park System. tled ‘‘Proposed Golden Valley Wilderness Ad- (ii) the municipalities of— Subtitle E—California Desert Protection and dition’’ and dated November 7, 2018, which (I) Ayer, Bolton, Dunstable, Groton, Har- Recreation shall be added to and administered as part of vard, Lancaster, Pepperell, Shirley, and the ‘‘Golden Valley Wilderness’’. Townsend in Massachusetts; and SEC. 1401. DEFINITIONS. (2) KINGSTON RANGE WILDERNESS.—Certain (II) Brookline and Hollis in New Hamp- In this subtitle: land in the Conservation Area administered shire; and (1) CONSERVATION AREA.—The term ‘‘Con- by the Director of the Bureau of Land Man- (iii) appropriate local, regional, State, or servation Area’’ means the California Desert agement, comprising approximately 52,410 multistate, planning, environmental, or rec- Conservation Area. acres, as generally depicted on the map enti- reational organizations. (2) SECRETARY.—The term ‘‘Secretary’’ tled ‘‘Proposed Kingston Range Wilderness (B) CONSISTENCY.—Each cooperative agree- means— Additions’’ and dated November 7, 2018, ment entered into under this paragraph shall (A) the Secretary, with respect to land ad- which shall be added to and administered as be consistent with the management plan and ministered by the Department of the Inte- part of the ‘‘Kingston Range Wilderness’’. may include provisions for financial or other rior; or (3) PALO VERDE MOUNTAINS WILDERNESS.— assistance from the United States. (B) the Secretary of Agriculture, with re- Certain land in the Conservation Area ad- (4) EFFECT ON WORKING DAMS.— spect to National Forest System land. ministered by the Director of the Bureau of

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2173 Land Management, comprising approxi- prising approximately 7,141 acres, as gen- other Act enacted before the date of enact- mately 9,350 acres, depicted as ‘‘Proposed erally depicted on the map entitled ‘‘San ment of this Act. Palo Verde Mountains Wilderness Additions’’ Gorgonio Wilderness Additions—Proposed’’ (B) Any portion of a wilderness study area on the map entitled ‘‘Proposed Vinagre Wash and dated November 7, 2018. described in paragraph (2) that is not trans- Special Management Area and Proposed Wil- (3) FIRE MANAGEMENT AND RELATED ACTIVI- ferred to the administrative jurisdiction of derness’’ and dated December 4, 2018, which TIES.— the National Park Service for inclusion in a shall be added to and administered as part of (A) IN GENERAL.—The Secretary may carry unit of the National Park System by this the ‘‘Palo Verde Mountains Wilderness’’. out such activities in the wilderness area subtitle (including an amendment made by (4) INDIAN PASS MOUNTAINS WILDERNESS.— designated by paragraph (1) as are necessary this subtitle) or any other Act enacted be- Certain land in the Conservation Area ad- for the control of fire, insects, and disease, in fore the date of enactment of this Act. ministered by the Director of the Bureau of accordance with section 4(d)(1) of the Wilder- PART II—DESIGNATION OF SPECIAL Land Management, comprising approxi- ness Act (16 U.S.C. 1133(d)(1)) and House Re- MANAGEMENT AREA mately 10,860 acres, depicted as ‘‘Proposed port 98–40 of the 98th Congress. SEC. 1421. VINAGRE WASH SPECIAL MANAGE- Indian Pass Wilderness Additions’’ on the (B) FUNDING PRIORITIES.—Nothing in this MENT AREA. map entitled ‘‘Proposed Vinagre Wash Spe- subsection limits the provision of any fund- cial Management Area and Proposed Wilder- ing for fire or fuel management in the wil- Title I of the California Desert Protection ness’’ and dated December 4, 2018, which derness area designated by paragraph (1). Act of 1994 (16 U.S.C. 1132 note; Public Law 103–433; 108 Stat. 4472) is amended by adding shall be added to and administered as part of (C) REVISION AND DEVELOPMENT OF LOCAL at the end the following: the ‘‘Indian Pass Mountains Wilderness’’. FIRE MANAGEMENT PLANS.—As soon as prac- (c) DESIGNATION OF WILDERNESS AREAS TO ticable after the date of enactment of this ‘‘SEC. 109. VINAGRE WASH SPECIAL MANAGE- BE ADMINISTERED BY THE NATIONAL PARK Act, the Secretary shall amend the local fire MENT AREA. SERVICE.—In furtherance of the purposes of management plans that apply to the wilder- ‘‘(a) DEFINITIONS.—In this section: the Wilderness Act (16 U.S.C. 1131 et seq.) the ness area designated by paragraph (1). ‘‘(1) MANAGEMENT AREA.—The term ‘Man- following land in Death Valley National (D) ADMINISTRATION.—In accordance with agement Area’ means the Vinagre Wash Spe- Park is designated as wilderness and as a subparagraph (A) and other applicable Fed- cial Management Area established by sub- component of the National Wilderness Pres- eral law, to ensure a timely and efficient re- section (b). ervation System, which shall be added to, sponse to fire emergencies in the wilderness ‘‘(2) MAP.—The term ‘map’ means the map and administered as part of the Death Valley area designated by paragraph (1), the Sec- entitled ‘Proposed Vinagre Wash Special National Park Wilderness established by sec- retary shall— Management Area and Proposed Wilderness’ tion 601(a)(1) of the California Desert Protec- (i) not later than 1 year after the date of and dated December 4, 2018. tion Act of 1994 (16 U.S.C. 1132 note; Public enactment of this Act, establish agency ap- ‘‘(3) PUBLIC LAND.—The term ‘public land’ Law 103–433; 108 Stat. 4496): proval procedures (including appropriate del- has the meaning given the term ‘public (1) DEATH VALLEY NATIONAL PARK WILDER- egations of authority to the Forest Super- lands’ in section 103 of the Federal Land Pol- NESS ADDITIONS-NORTH EUREKA VALLEY.—Ap- visor, District Manager, or other agency offi- icy and Management Act of 1976 (43 U.S.C. proximately 11,496 acres, as generally de- cials) for responding to fire emergencies in 1702). picted on the map entitled ‘‘Death Valley the wilderness area designated by paragraph ‘‘(4) STATE.—The term ‘State’ means the National Park Proposed Wilderness Area- (1); and State of California. North Eureka Valley’’, numbered 143/ (ii) enter into agreements with appropriate ‘‘(b) ESTABLISHMENT.—There is established 100,082D, and dated November 1, 2018. State or local firefighting agencies relating the Vinagre Wash Special Management Area (2) DEATH VALLEY NATIONAL PARK WILDER- to the wilderness area. in the State, to be managed by the Sec- NESS ADDITIONS-IBEX.—Approximately 23,650 (e) EFFECT ON UTILITY FACILITIES AND retary. acres, as generally depicted on the map enti- RIGHTS-OF-WAY.—Nothing in this section or ‘‘(c) PURPOSE.—The purpose of the Manage- tled ‘‘Death Valley National Park Proposed an amendment made by this section affects ment Area is to conserve, protect, and en- Wilderness Area-Ibex’’, numbered 143/ or precludes the renewal or reauthorization hance— 100,081D, and dated November 1, 2018. of any valid existing right-of-way or cus- ‘‘(1) the plant and wildlife values of the (3) DEATH VALLEY NATIONAL PARK WILDER- tomary operation, maintenance, repair, up- Management Area; and NESS ADDITIONS-PANAMINT VALLEY.—Approxi- grading, or replacement activities in a right- ‘‘(2) the outstanding and nationally signifi- mately 4,807 acres, as generally depicted on of-way acquired by or issued, granted, or per- cant ecological, geological, scenic, rec- the map entitled ‘‘Death Valley National mitted to the Southern California Edison reational, archaeological, cultural, historic, Park Proposed Wilderness Area-Panamint Company or successors or assigns of the and other resources of the Management Valley’’, numbered 143/100,083D, and dated Southern California Edison Company. Area. November 1, 2018. (f) RELEASE OF WILDERNESS STUDY ‘‘(d) BOUNDARIES.—The Management Area (4) DEATH VALLEY NATIONAL PARK WILDER- AREAS.— shall consist of the public land in Imperial NESS ADDITIONS-WARM SPRINGS.—Approxi- (1) FINDING.—Congress finds that, for pur- County, California, comprising approxi- mately 10,485 acres, as generally depicted on poses of section 603 of the Federal Land Pol- mately 81,880 acres, as generally depicted on the map entitled ‘‘Death Valley National icy and Management Act of 1976 (43 U.S.C. the map as ‘Proposed Special Management Park Proposed Wilderness Area-Warm 1782), any portion of a wilderness study area Area’. Spring Canyon/Galena Canyon’’, numbered described in paragraph (2) that is not des- ‘‘(e) MAP; LEGAL DESCRIPTION.— 143/100,084D, and dated November 1, 2018. ignated as a wilderness area or a wilderness ‘‘(1) IN GENERAL.—As soon as practicable, (5) DEATH VALLEY NATIONAL PARK WILDER- addition by this subtitle (including an but not later than 3 years, after the date of NESS ADDITIONS-AXE HEAD.—Approximately amendment made by this subtitle) or any enactment of this section, the Secretary 8,638 acres, as generally depicted on the map other Act enacted before the date of enact- shall submit a map and legal description of entitled ‘‘Death Valley National Park Pro- ment of this Act has been adequately studied the Management Area to— posed Wilderness Area-Axe Head’’, numbered for wilderness designation. ‘‘(A) the Committee on Natural Resources 143/100,085D, and dated November 1, 2018. (2) DESCRIPTION OF STUDY AREAS.—The of the House of Representatives; and (6) DEATH VALLEY NATIONAL PARK WILDER- study areas referred to in subsection (a) ‘‘(B) the Committee on Energy and Natural NESS ADDITIONS-BOWLING ALLEY.—Approxi- are— Resources of the Senate. mately 28,923 acres, as generally depicted on (A) the Cady Mountains Wilderness Study ‘‘(2) EFFECT.—The map and legal descrip- the map entitled ‘‘Death Valley National Area; tion submitted under paragraph (1) shall Park Proposed Wilderness Area-Bowling (B) the Soda Mountains Wilderness Study have the same force and effect as if included Alley’’, numbered 143/128,606A, and dated No- Area; in this section, except that the Secretary vember 1, 2018. (C) the Kingston Range Wilderness Study may correct any errors in the map and legal (d) ADDITIONS TO EXISTING WILDERNESS Area; description. AREA ADMINISTERED BY THE FOREST SERV- (D) the Avawatz Mountain Wilderness ‘‘(3) AVAILABILITY.—Copies of the map sub- ICE.— Study Area; mitted under paragraph (1) shall be on file (1) IN GENERAL.—In furtherance of the pur- (E) the Death Valley 17 Wilderness Study and available for public inspection in the ap- poses of the Wilderness Act (16 U.S.C. 1131 et Area; and propriate offices of the Bureau of Land Man- seq.), the land described in paragraph (2)— (F) the Great Falls Basin Wilderness Study agement. (A) is designated as wilderness and as a Area. ‘‘(f) MANAGEMENT.— component of the National Wilderness Pres- (3) RELEASE.—The following are no longer ‘‘(1) IN GENERAL.—The Secretary shall ervation System; and subject to section 603(c) of the Federal Land manage the Management Area— (B) shall be added to and administered as Policy and Management Act of 1976 (43 ‘‘(A) in a manner that conserves, protects, part of the San Gorgonio Wilderness estab- U.S.C. 1782(c)): and enhances the purposes for which the lished by the Wilderness Act (16 U.S.C. 1131 (A) Any portion of a wilderness study area Management Area is established; and et seq.). described in paragraph (2) that is not des- ‘‘(B) in accordance with— (2) DESCRIPTION OF LAND.—The land re- ignated as a wilderness area or a wilderness ‘‘(i) this section; ferred to in paragraph (1) is certain land in addition by this subtitle (including an ‘‘(ii) the Federal Land Policy and Manage- the San Bernardino National Forest, com- amendment made by this subtitle) or any ment Act of 1976 (43 U.S.C. 1701 et seq.); and

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2174 CONGRESSIONAL RECORD — HOUSE February 26, 2019 ‘‘(iii) other applicable laws. ‘‘(A) route signage; ‘‘SEC. 604. MORMON PEAK MICROWAVE FACILITY. ‘‘(2) USES.—The Secretary shall allow only ‘‘(B) restoration of closed routes; ‘‘The designation of the Death Valley Na- those uses that are consistent with the pur- ‘‘(C) protection of Management Area re- tional Park Wilderness by section 601(a)(1) poses of the Management Area, including sources; and shall not preclude the operation and mainte- hiking, camping, hunting, and sightseeing ‘‘(D) recreation education. nance of the Mormon Peak Microwave Facil- and the use of motorized vehicles, mountain ‘‘(8) PROTECTION OF TRIBAL CULTURAL RE- ity.’’. bikes, and horses on designated routes in the SOURCES.—Not later than 2 years after the SEC. 1432. MOJAVE NATIONAL PRESERVE. Management Area in a manner that— date of enactment of this section, the Sec- The boundary of the Mojave National Pre- ‘‘(A) is consistent with the purpose of the retary, in accordance with chapter 2003 of serve is adjusted to include the 25 acres of Management Area described in subsection title 54, United States Code, and any other Bureau of Land Management land in Baker, (c); applicable law, shall— California, as depicted on the map entitled ‘‘(B) ensures public health and safety; and ‘‘(A) prepare and complete a Tribal cul- ‘‘Mojave National Preserve Proposed Bound- ‘‘(C) is consistent with all applicable laws tural resources survey of the Management ary Addition’’, numbered 170/100,199A, and (including regulations), including the Desert Area; and dated November 1, 2018. Renewable Energy Conservation Plan. ‘‘(B) consult with the Quechan Indian Na- SEC. 1433. JOSHUA TREE NATIONAL PARK. ‘‘(3) OFF-HIGHWAY VEHICLE USE.— tion and other Indian Tribes demonstrating (a) BOUNDARY ADJUSTMENT.—The boundary ‘‘(A) IN GENERAL.—Subject to subpara- ancestral, cultural, or other ties to the re- of the Joshua Tree National Park is adjusted graphs (B) and (C) and all other applicable sources within the Management Area on the to include— laws, the use of off-highway vehicles shall be development and implementation of the (1) the approximately 2,879 acres of land permitted on routes in the Management Area Tribal cultural resources survey under sub- as generally depicted on the map. managed by the Bureau of Land Management paragraph (A). that are depicted as ‘‘BLM Proposed Bound- ‘‘(B) CLOSURE.—The Secretary may close or ‘‘(9) MILITARY USE.—The Secretary may au- permanently reroute a portion of a route de- ary Addition’’ on the map entitled ‘‘Joshua thorize use of the non-wilderness portion of Tree National Park Proposed Boundary Ad- scribed in subparagraph (A)— the Management Area by the Secretary of ‘‘(i) to prevent, or allow for restoration of, ditions’’, numbered 156/149,375, and dated No- the Navy for Naval Special Warfare Tactical vember 1, 2018; and resource damage; Training, including long-range small unit ‘‘(ii) to protect Tribal cultural resources, (2) the approximately 1,639 acres of land training and navigation, vehicle conceal- that are depicted as ‘‘MDLT Proposed including the resources identified in the ment, and vehicle sustainment training, con- Tribal cultural resources management plan Boundary Addition’’ on the map entitled sistent with this section and other applicable ‘‘Joshua Tree National Park Proposed developed under section 705(d); laws.’’. ‘‘(iii) to address public safety concerns; or Boundary Additions’’, numbered 156/149,375, ‘‘(iv) as otherwise required by law. PART III—NATIONAL PARK SYSTEM and dated November 1, 2018. ‘‘(C) DESIGNATION OF ADDITIONAL ROUTES.— ADDITIONS (b) AVAILABILITY OF MAPS.—The map de- scribed in subsection (a) and the map depict- During the 3-year period beginning on the SEC. 1431. DEATH VALLEY NATIONAL PARK date of enactment of this section, the Sec- BOUNDARY REVISION. ing the 25 acres described in subsection (c)(2) shall be on file and available for public in- retary— (a) IN GENERAL.—The boundary of Death ‘‘(i) shall accept petitions from the public spection in the appropriate offices of the Na- Valley National Park is adjusted to in- tional Park Service. regarding additional routes for off-highway clude— (c) ADMINISTRATION.— vehicles; and (1) the approximately 28,923 acres of Bu- ‘‘(ii) may designate additional routes that (1) IN GENERAL.—The Secretary shall ad- reau of Land Management land in San minister any land added to the Joshua Tree the Secretary determines— Bernardino County, California, abutting the ‘‘(I) would provide significant or unique National Park under subsection (a) and the southern end of the Death Valley National additional land described in paragraph (2)— recreational opportunities; and Park that lies between Death Valley Na- ‘‘(II) are consistent with the purposes of (A) as part of Joshua Tree National Park; tional Park to the north and Ft. Irwin Mili- and the Management Area. tary Reservation to the south and which ‘‘(4) WITHDRAWAL.—Subject to valid exist- (B) in accordance with applicable laws (in- runs approximately 34 miles from west to ing rights, all Federal land within the Man- cluding regulations). east, as depicted on the map entitled ‘‘Death agement Area is withdrawn from— (2) DESCRIPTION OF ADDITIONAL LAND.—The Valley National Park Proposed Boundary ‘‘(A) all forms of entry, appropriation, or additional land referred to in paragraph (1) is Addition-Bowling Alley’’, numbered 143/ disposal under the public land laws; the 25 acres of land— 128,605A, and dated November 1, 2018; and ‘‘(B) location, entry, and patent under the (A) depicted on the map entitled ‘‘Joshua (2) the approximately 6,369 acres of Bureau mining laws; and Tree National Park Boundary Adjustment of Land Management land in Inyo County, ‘‘(C) right-of-way, leasing, or disposition Map’’, numbered 156/80,049, and dated April 1, California, located in the northeast area of under all laws relating to— 2003; Death Valley National Park that is within, ‘‘(i) minerals and mineral materials; or (B) added to Joshua Tree National Park by ‘‘(ii) solar, wind, and geothermal energy. and surrounded by, land under the jurisdic- the notice of the Department of the Interior tion of the Director of the National Park ‘‘(5) NO BUFFER ZONE.—The establishment of August 28, 2003 (68 Fed. Reg. 51799); and of the Management Area shall not— Service, as depicted on the map entitled (C) more particularly described as lots 26, ‘‘(A) create a protective perimeter or buff- ‘‘Death Valley National Park Proposed 27, 28, 33, and 34 in sec. 34, T. 1 N., R. 8 E., er zone around the Management Area; or Boundary Addition-Crater’’, numbered 143/ San Bernardino Meridian. 100,079D, and dated November 1, 2018. ‘‘(B) preclude uses or activities outside the (d) SOUTHERN CALIFORNIA EDISON COMPANY Management Area that are permitted under (b) AVAILABILITY OF MAP.—The maps de- ENERGY TRANSPORT FACILITIES AND RIGHTS- other applicable laws, even if the uses or ac- scribed in paragraphs (1) and (2) of sub- OF-WAY.— tivities are prohibited within the Manage- section (a) shall be on file and available for (1) IN GENERAL.—Nothing in this section af- ment Area. public inspection in the appropriate offices fects any valid right-of-way for the cus- ‘‘(6) NOTICE OF AVAILABLE ROUTES.—The of the National Park Service. tomary operation, maintenance, upgrade, re- Secretary shall ensure that visitors to the (c) ADMINISTRATION.—The Secretary— pair, relocation within an existing right-of- Management Area have access to adequate (1) shall administer any land added to way, replacement, or other authorized en- notice relating to the availability of des- Death Valley National Park under sub- ergy transport facility activities in a right- ignated routes in the Management Area section (a)— of-way issued, granted, or permitted to the through— (A) as part of Death Valley National Park; Southern California Edison Company or the ‘‘(A) the placement of appropriate signage and successors or assigns of the Southern Cali- along the designated routes; (B) in accordance with applicable laws (in- fornia Edison Company that is located on ‘‘(B) the distribution of maps, safety edu- cluding regulations); and land described in paragraphs (1) and (2) of cation materials, and other information that (2) may enter into a memorandum of un- subsection (a), including, at a minimum, the the Secretary determines to be appropriate; derstanding with Inyo County, California, to use of mechanized vehicles, helicopters, or and permit operationally feasible, ongoing access other aerial devices. ‘‘(C) restoration of areas that are not des- to and use (including material storage and (2) UPGRADES AND REPLACEMENTS.—Nothing ignated as open routes, including vertical excavation) of existing gravel pits along Sa- in this section prohibits the upgrading or re- mulching. line Valley Road within Death Valley Na- placement of— ‘‘(7) STEWARDSHIP.—The Secretary, in con- tional Park for road maintenance and re- (A) Southern California Edison Company sultation with Indian Tribes and other inter- pairs in accordance with applicable laws (in- energy transport facilities, including the en- ests, shall develop a program to provide op- cluding regulations). ergy transport facilities referred to as the portunities for monitoring and stewardship (d) MORMON PEAK MICROWAVE FACILITY.— Jellystone, Burnt Mountain, Whitehorn, of the Management Area to minimize envi- Title VI of the California Desert Protection Allegra, and Utah distribution circuits ronmental impacts and prevent resource Act of 1994 (16 U.S.C. 1132 note; Public Law rights-of-way; or damage from recreational use, including vol- 103–433; 108 Stat. 4496) is amended by adding (B) an energy transport facility in rights- unteer assistance with— at the end the following: of-way issued, granted, or permitted by the

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Secretary adjacent to Southern California November 7, 2018, which shall be known as ‘‘(2) WILDLIFE GUZZLERS.—Wildlife guzzlers Edison Joshua Tree Utility Facilities. the ‘Rasor Off-Highway Vehicle Recreation shall be allowed in the off-highway vehicle (3) PUBLICATION OF PLANS.—Not later than Area’. recreation areas designated or expanded by the date that is 1 year after the date of en- ‘‘(D) SPANGLER HILLS OFF-HIGHWAY VEHICLE subsection (a) in accordance with— actment of this Act or the issuance of a new RECREATION AREA.—Certain Bureau of Land ‘‘(A) applicable Bureau of Land Manage- energy transport facility right-of-way within Management land in the Conservation Area, ment guidelines; and the Joshua Tree National Park, whichever is comprising approximately 92,340 acres, as ‘‘(B) State law. earlier, the Secretary, in consultation with generally depicted on the map entitled ‘Pro- ‘‘(3) PROHIBITED USES.— the Southern California Edison Company, posed Spangler Hills OHV Recreation Area’ ‘‘(A) IN GENERAL.—Except as provided in shall publish plans for regular and emer- and dated December 10, 2018, which shall be subparagraph (B), commercial development gency access by the Southern California Edi- known as the ‘Spangler Hills Off-Highway (including development of energy facilities, son Company to the rights-of-way of the Vehicle Recreation Area’. but excluding energy transport facilities, Southern California Edison Company within ‘‘(E) STODDARD VALLEY OFF-HIGHWAY VEHI- rights-of-way, and related telecommuni- Joshua Tree National Park. CLE RECREATION AREA.—Certain Bureau of cation facilities) shall be prohibited in the (e) VISITOR CENTER.—Title IV of the Cali- Land Management land in the Conservation off-highway vehicle recreation areas des- fornia Desert Protection Act of 1994 (16 Area, comprising approximately 40,110 acres, ignated or expanded by subsection (a) if the U.S.C. 410aaa–21 et seq.) is amended by add- as generally depicted on the map entitled Secretary determines that the development ing at the end the following: ‘Proposed Stoddard Valley OHV Recreation is incompatible with the purpose described ‘‘SEC. 408. VISITOR CENTER. Area’ and dated November 7, 2018, which in subsection (b). ‘‘(B) EXCEPTION.—The Secretary may issue ‘‘(a) IN GENERAL.—The Secretary may ac- shall be known as the ‘Stoddard Valley Off- a temporary permit to a commercial vendor quire not more than 5 acres of land and in- Highway Vehicle Recreation Area’. to provide accessories and other support for terests in land, and improvements on the ‘‘(2) EXPANSION OF JOHNSON VALLEY OFF- off-highway vehicle use in an off-highway ve- land and interests, outside the boundaries of HIGHWAY VEHICLE RECREATION AREA.—The hicle recreation area designated or expanded the park, in the unincorporated village of Johnson Valley Off-Highway Vehicle Recre- by subsection (a) for a limited period and Joshua Tree, for the purpose of operating a ation Area designated by section 2945 of the consistent with the purposes of the off-high- visitor center. Military Construction Authorization Act for way vehicle recreation area and applicable ‘‘(b) BOUNDARY.—The Secretary shall mod- Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1038) is expanded to include laws. ify the boundary of the park to include the ‘‘(e) ADMINISTRATION.— land acquired under this section as a non- approximately 20,240 acres, depicted as ‘Pro- posed OHV Recreation Area Additions’ and ‘‘(1) IN GENERAL.—The Secretary shall ad- contiguous parcel. minister the off-highway vehicle recreation ‘‘(c) ADMINISTRATION.—Land and facilities ‘Proposed OHV Recreation Area Study Areas’ on the map entitled ‘Proposed John- areas designated or expanded by subsection acquired under this section— (a) in accordance with— ‘‘(1) may include the property owned (as of son Valley OHV Recreation Area’ and dated November 7, 2018. ‘‘(A) this title; the date of enactment of this section) by the ‘‘(B) the Federal Land Policy and Manage- ‘‘(b) PURPOSE.—The purpose of the off-high- Joshua Tree National Park Association and ment Act of 1976 (43 U.S.C. 1701 et seq.); and way vehicle recreation areas designated or commonly referred to as the ‘Joshua Tree ‘‘(C) any other applicable laws (including expanded under subsection (a) is to preserve National Park Visitor Center’; regulations). and enhance the recreational opportunities ‘‘(2) shall be administered by the Secretary ‘‘(2) MANAGEMENT PLAN.— within the Conservation Area (including op- as part of the park; and ‘‘(A) IN GENERAL.—As soon as practicable, portunities for off-highway vehicle recre- ‘‘(3) may be acquired only with the consent but not later than 3 years after the date of ation), while conserving the wildlife and of the owner, by donation, purchase with do- enactment of this title, the Secretary shall— other natural resource values of the Con- nated or appropriated funds, or exchange.’’. ‘‘(i) amend existing resource management servation Area. PART IV—OFF-HIGHWAY VEHICLE plans applicable to the off-highway vehicle RECREATION AREAS ‘‘(c) MAPS AND DESCRIPTIONS.— recreation areas designated or expanded by ‘‘(1) PREPARATION AND SUBMISSION.—As subsection (a); or SEC. 1441. OFF-HIGHWAY VEHICLE RECREATION soon as practicable after the date of enact- AREAS. ‘‘(ii) develop new management plans for ment of this title, the Secretary shall file a Public Law 103–433 is amended by inserting each off-highway vehicle recreation area des- map and legal description of each off-high- ignated or expanded under that subsection. after title XII (16 U.S.C. 410bbb et seq.) the way vehicle recreation area designated or ex- following: ‘‘(B) REQUIREMENTS.—All new or amended panded by subsection (a) with— plans under subparagraph (A) shall be de- ‘‘TITLE XIII—OFF-HIGHWAY VEHICLE ‘‘(A) the Committee on Natural Resources signed to preserve and enhance safe off-high- RECREATION AREAS of the House of Representatives; and way vehicle and other recreational opportu- ‘‘SEC. 1301. DESIGNATION OF OFF-HIGHWAY VEHI- ‘‘(B) the Committee on Energy and Natural nities within the applicable recreation area CLE RECREATION AREAS. Resources of the Senate. consistent with— ‘‘(a) IN GENERAL.— ‘‘(2) LEGAL EFFECT.—The map and legal de- ‘‘(i) the purpose described in subsection (b); ‘‘(1) DESIGNATION.—In accordance with the scriptions of the off-highway vehicle recre- and Federal Land Policy and Management Act of ation areas filed under paragraph (1) shall ‘‘(ii) any applicable laws (including regula- 1976 (43 U.S.C. 1701 et seq.) and resource man- have the same force and effect as if included tions). in this title, except that the Secretary may agement plans developed under this title and ‘‘(C) INTERIM PLANS.—Pending completion subject to valid rights, the following land correct errors in the map and legal descrip- of a new management plan under subpara- within the Conservation Area in San tions. graph (A), the existing resource management Bernardino County, California, is designated ‘‘(3) PUBLIC AVAILABILITY.—Each map and plans shall govern the use of the applicable as Off-Highway Vehicle Recreation Areas: legal description filed under paragraph (1) off-highway vehicle recreation area. ‘‘(A) DUMONT DUNES OFF-HIGHWAY VEHICLE shall be filed and made available for public ‘‘(f) WITHDRAWAL.—Subject to valid exist- RECREATION AREA.—Certain Bureau of Land inspection in the appropriate offices of the ing rights, all Federal land within the off- Management land in the Conservation Area, Bureau of Land Management. highway vehicle recreation areas designated comprising approximately 7,620 acres, as gen- ‘‘(d) USE OF THE LAND.— or expanded by subsection (a) is withdrawn erally depicted on the map entitled ‘Pro- ‘‘(1) RECREATIONAL ACTIVITIES.— from— posed Dumont Dunes OHV Recreation Area’ ‘‘(A) IN GENERAL.—The Secretary shall con- ‘‘(1) all forms of entry, appropriation, or and dated November 7, 2018, which shall be tinue to authorize, maintain, and enhance disposal under the public land laws; known as the ‘Dumont Dunes Off-Highway the recreational uses of the off-highway ve- ‘‘(2) location, entry, and patent under the Vehicle Recreation Area’. hicle recreation areas designated or ex- mining laws; and ‘‘(B) EL MIRAGE OFF-HIGHWAY VEHICLE panded by subsection (a), as long as the rec- ‘‘(3) right-of-way, leasing, or disposition RECREATION AREA.—Certain Bureau of Land reational use is consistent with this section under all laws relating to mineral leasing, Management land in the Conservation Area, and any other applicable law. geothermal leasing, or mineral materials. comprising approximately 16,370 acres, as ‘‘(B) OFF-HIGHWAY VEHICLE AND OFF-HIGH- ‘‘(g) SOUTHERN CALIFORNIA EDISON COM- generally depicted on the map entitled ‘Pro- WAY RECREATION.—To the extent consistent PANY UTILITY FACILITIES AND RIGHTS-OF- posed El Mirage OHV Recreation Area’ and with applicable Federal law (including regu- WAY.— dated December 10, 2018, which shall be lations) and this section, any authorized ‘‘(1) EFFECT OF TITLE.—Nothing in this known as the ‘El Mirage Off-Highway Vehi- recreation activities and use designations in title— cle Recreation Area’. effect on the date of enactment of this title ‘‘(A) affects any validly issued right-of-way ‘‘(C) RASOR OFF-HIGHWAY VEHICLE RECRE- and applicable to the off-highway vehicle for the customary operation, maintenance, ATION AREA.—Certain Bureau of Land Man- recreation areas designated or expanded by upgrade, repair, relocation within an exist- agement land in the Conservation Area, com- subsection (a) shall continue, including cas- ing right-of-way, replacement, or other au- prising approximately 23,900 acres, as gen- ual off-highway vehicular use, racing, com- thorized energy transport facility activities erally depicted on the map entitled ‘Pro- petitive events, rock crawling, training, and (including the use of any mechanized vehi- posed Rasor OHV Recreation Area’ and dated other forms of off-highway recreation. cle, helicopter, and other aerial device) in a

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2176 CONGRESSIONAL RECORD — HOUSE February 26, 2019 right-of-way acquired by or issued, granted, right-of-way within the Spangler Hills Off- ‘‘(C) any other applicable laws. or permitted to Southern California Edison Highway Vehicle Recreation Area, whichever ‘‘(e) MANAGEMENT.— Company (including any successor in inter- is later, the Secretary, in consultation with ‘‘(1) IN GENERAL.—The Secretary shall est or assign) that is located on land in- the Pacific Gas and Electric Company, shall allow only such uses of the Scenic Area as cluded in— publish plans for regular and emergency ac- the Secretary determines would further the ‘‘(i) the El Mirage Off-Highway Vehicle cess by the Pacific Gas and Electric Com- purposes of the Scenic Area as described in Recreation Area; pany to the rights-of-way of the Pacific Gas subsection (b). ‘‘(ii) the Spangler Hills Off-Highway Vehi- and Electric Company. ‘‘(2) RECREATIONAL ACTIVITIES.—Except as cle Recreation Area; ‘‘TITLE XIV—ALABAMA HILLS NATIONAL otherwise provided in this title or other ap- ‘‘(iii) the Stoddard Valley Off-Highway Ve- SCENIC AREA plicable law, or as the Secretary determines hicle Recreation Area; or to be necessary for public health and safety, ‘‘(iv) the Johnson Valley Off-Highway Ve- ‘‘SEC. 1401. DEFINITIONS. ‘‘In this title: the Secretary shall allow existing rec- hicle Recreation Area; reational uses of the Scenic Area to con- ‘‘(B) affects the application, siting, route ‘‘(1) MANAGEMENT PLAN.—The term ‘man- agement plan’ means the management plan tinue, including hiking, mountain biking, selection, right-of-way acquisition, or con- rock climbing, sightseeing, horseback riding, struction of the Coolwater-Lugo trans- for the Scenic Area developed under section 1403(a). hunting, fishing, and appropriate authorized mission project, as may be approved by the motorized vehicle use in accordance with ‘‘(2) MAP.—The term ‘Map’ means the map California Public Utilities Commission and paragraph (3). the Bureau of Land Management; or entitled ‘Proposed Alabama Hills National Scenic Area’ and dated November 7, 2018. ‘‘(3) MOTORIZED VEHICLES.—Except as oth- ‘‘(C) prohibits the upgrading or replace- erwise specified in this title, or as necessary ‘‘(3) MOTORIZED VEHICLE.—The term ‘mo- ment of any Southern California Edison for administrative purposes or to respond to Company— torized vehicle’ means a motorized or mecha- nized vehicle and includes, when used by a an emergency, the use of motorized vehicles ‘‘(i) utility facility, including such a util- in the Scenic Area shall be permitted only ity facility known on the date of enactment utility, mechanized equipment, a helicopter, and any other aerial device necessary to on— of this title as— ‘‘(A) roads and trails designated by the ‘‘(I) ‘Gale-PS 512 transmission lines or maintain electrical or communications in- frastructure. Secretary for use of motorized vehicles as rights-of-way’; part of a management plan sustaining a ‘‘(4) SCENIC AREA.—The term ‘Scenic Area’ ‘‘(II) ‘Patio, Jack Ranch, and Kenworth semiprimitive motorized experience; or distribution circuits or rights-of-way’; or means the Alabama Hills National Scenic Area established by section 1402(a). ‘‘(B) county-maintained roads in accord- ‘‘(III) ‘Bessemer and Peacor distribution ance with applicable State and county laws. circuits or rights-of-way’; or ‘‘(5) STATE.—The term ‘State’ means the ‘‘(f) NO BUFFER ZONES.— ‘‘(ii) energy transport facility in a right-of- State of California. ‘‘(1) IN GENERAL.—Nothing in this title cre- way issued, granted, or permitted by the ‘‘(6) TRIBE.—The term ‘Tribe’ means the ates a protective perimeter or buffer zone Secretary adjacent to a utility facility re- Lone Pine Paiute-Shoshone Tribe. around the Scenic Area. ferred to in clause (i). ‘‘SEC. 1402. ALABAMA HILLS NATIONAL SCENIC ‘‘(2) ACTIVITIES OUTSIDE SCENIC AREA.—The ‘‘(2) PLANS FOR ACCESS.—The Secretary, in AREA, CALIFORNIA. fact that an activity or use on land outside consultation with the Southern California ‘‘(a) ESTABLISHMENT.—Subject to valid ex- the Scenic Area can be seen or heard within Edison Company, shall publish plans for reg- isting rights, there is established in Inyo the Scenic Area shall not preclude the activ- ular and emergency access by the Southern County, California, the Alabama Hills Na- California Edison Company to the rights-of- tional Scenic Area, to be comprised of the ity or use outside the boundaries of the Sce- way of the Company by the date that is 1 approximately 18,610 acres generally de- nic Area. year after the later of— picted on the Map as ‘National Scenic Area’. ‘‘(g) ACCESS.—The Secretary shall provide ‘‘(A) the date of enactment of this title; ‘‘(b) PURPOSE.—The purpose of the Scenic private landowners adequate access to and Area is to conserve, protect, and enhance for inholdings in the Scenic Area. ‘‘(B) the date of issuance of a new energy the benefit, use, and enjoyment of present ‘‘(h) FILMING.—Nothing in this title pro- transport facility right-of-way within— and future generations the nationally sig- hibits filming (including commercial film ‘‘(i) the El Mirage Off-Highway Vehicle nificant scenic, cultural, geological, edu- production, student filming, and still pho- Recreation Area; cational, biological, historical, recreational, tography) within the Scenic Area— ‘‘(ii) the Spangler Hills Off-Highway Vehi- cinematographic, and scientific resources of ‘‘(1) subject to— cle Recreation Area; the Scenic Area managed consistent with ‘‘(A) such reasonable regulations, policies, ‘‘(iii) the Stoddard Valley Off-Highway Ve- section 302(a) of the Federal Land Policy and and practices as the Secretary considers to hicle Recreation Area; or Management Act of 1976 (43 U.S.C. 1732(a)). be necessary; and ‘‘(iv) the Johnson Valley Off-Highway Ve- ‘‘(c) MAP; LEGAL DESCRIPTIONS.— ‘‘(B) applicable law; and hicle Recreation Area. ‘‘(1) IN GENERAL.—As soon as practicable ‘‘(2) in a manner consistent with the pur- ‘‘(h) PACIFIC GAS AND ELECTRIC COMPANY after the date of enactment of this title, the poses described in subsection (b). UTILITY FACILITIES AND RIGHTS-OF-WAY.— Secretary shall file a map and a legal de- ‘‘(i) FISH AND WILDLIFE.—Nothing in this ‘‘(1) EFFECT OF TITLE.—Nothing in this scription of the Scenic Area with— title affects the jurisdiction or responsibil- title— ‘‘(A) the Committee on Energy and Natural ities of the State with respect to fish and ‘‘(A) affects any validly issued right-of-way Resources of the Senate; and wildlife. for the customary operation, maintenance, ‘‘(B) the Committee on Natural Resources ‘‘(j) LIVESTOCK.—The grazing of livestock upgrade, repair, relocation within an exist- of the House of Representatives. in the Scenic Area, including grazing under ing right-of-way, replacement, or other au- ‘‘(2) FORCE OF LAW.—The map and legal de- the Alabama Hills allotment and the George thorized activity (including the use of any scriptions filed under paragraph (1) shall Creek allotment, as established before the mechanized vehicle, helicopter, and other have the same force and effect as if included date of enactment of this title, shall be per- aerial device) in a right-of-way acquired by in this title, except that the Secretary may mitted to continue— or issued, granted, or permitted to Pacific correct any clerical and typographical errors ‘‘(1) subject to— Gas and Electric Company (including any in the map and legal descriptions. ‘‘(A) such reasonable regulations, policies, successor in interest or assign) that is lo- ‘‘(3) PUBLIC AVAILABILITY.—Each map and and practices as the Secretary considers to cated on land included in the Spangler Hills legal description filed under paragraph (1) be necessary; and Off-Highway Vehicle Recreation Area; or shall be on file and available for public in- ‘‘(B) applicable law; and ‘‘(B) prohibits the upgrading or replace- spection in the appropriate offices of the ‘‘(2) in a manner consistent with the pur- ment of any— Forest Service and the Bureau of Land Man- poses described in subsection (b). ‘‘(i) utility facilities of the Pacific Gas and agement. ‘‘(k) WITHDRAWAL.—Subject to the provi- Electric Company, including those utility fa- ‘‘(d) ADMINISTRATION.—The Secretary shall sions of this title and valid rights in exist- cilities known on the date of enactment of manage the Scenic Area— ence on the date of enactment of this title, this title as— ‘‘(1) as a component of the National Land- including rights established by prior with- ‘‘(I) ‘Gas Transmission Line 311 or rights- scape Conservation System; drawals, the Federal land within the Scenic of-way’; or ‘‘(2) so as not to impact the future con- Area is withdrawn from all forms of— ‘‘(II) ‘Gas Transmission Line 372 or rights- tinuing operation and maintenance of any ‘‘(1) entry, appropriation, or disposal under of-way’; or activities associated with valid, existing the public land laws; ‘‘(ii) utility facilities of the Pacific Gas rights, including water rights; ‘‘(2) location, entry, and patent under the and Electric Company in rights-of-way ‘‘(3) in a manner that conserves, protects, mining laws; and issued, granted, or permitted by the Sec- and enhances the resources and values of the ‘‘(3) disposition under all laws pertaining retary adjacent to a utility facility referred Scenic Area described in subsection (b); and to mineral and geothermal leasing or min- to in clause (i). ‘‘(4) in accordance with— eral materials. ‘‘(2) PLANS FOR ACCESS.—Not later than 1 ‘‘(A) the Federal Land Policy and Manage- ‘‘(l) WILDLAND FIRE OPERATIONS.—Nothing year after the date of enactment of this title ment Act of 1976 (43 U.S.C. 1701 et seq.); in this title prohibits the Secretary, in co- or the issuance of a new utility facility ‘‘(B) this title; and operation with other Federal, State, and

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local agencies, as appropriate, from con- ‘‘SEC. 1404. LAND TAKEN INTO TRUST FOR LONE ‘‘(2) WITHDRAWAL.—Subject to valid exist- ducting wildland fire operations in the Sce- PINE PAIUTE-SHOSHONE RESERVA- ing rights, the land transferred under sub- nic Area, consistent with the purposes de- TION. section (a) is withdrawn from— scribed in subsection (b). ‘‘(a) TRUST LAND.— ‘‘(A) all forms of entry, appropriation, or ‘‘(1) IN GENERAL.—On completion of the ‘‘(m) COOPERATIVE AGREEMENTS.—The Sec- disposal under the public land laws; survey described in subsection (b), all right, retary may enter into cooperative agree- ‘‘(B) location, entry, and patent under the title, and interest of the United States in ments with, State, Tribal, and local govern- mining laws; and and to the approximately 132 acres of Fed- mental entities and private entities to con- ‘‘(C) disposition under all laws relating to eral land depicted on the Map as ‘Lone Pine duct research, interpretation, or public edu- mineral and geothermal leasing. Paiute-Shoshone Reservation Addition’ shall cation or to carry out any other initiative ‘‘(3) REVERSION.—If the State ceases to be held in trust for the benefit of the Tribe, relating to the restoration, conservation, or manage the land transferred under sub- subject to paragraphs (2) and (3). management of the Scenic Area. section (a) as part of the State Park System ‘‘(2) CONDITIONS.—The land described in or in a manner inconsistent with the Cali- ‘‘(n) UTILITY FACILITIES AND RIGHTS-OF- paragraph (1) shall be subject to all ease- WAY.— fornia Wilderness Act (California Public Re- ments, covenants, conditions, restrictions, sources Code sections 5093.30–5093.40), the ‘‘(1) EFFECT OF TITLE.—Nothing in this withdrawals, and other matters of record in title— land shall revert to the Secretary at the dis- existence on the date of enactment of this cretion of the Secretary, to be managed as a ‘‘(A) affects the existence, use, operation, title. maintenance (including vegetation control), Wilderness Study Area.’’. ‘‘(3) EXCLUSION.—The Federal land over SEC. 1452. WILDLIFE CORRIDORS. repair, construction, reconfiguration, expan- which the right-of-way for the Los Angeles Title VII of the California Desert Protec- sion, inspection, renewal, reconstruction, al- Aqueduct is located, generally described as tion Act is 1994 (16 U.S.C. 410aaa–71 et seq.) teration, addition, relocation, improvement, the 250-foot-wide right-of-way granted to the (as amended by section 1451) is amended by funding, removal, or replacement of any util- City of Los Angeles pursuant to the Act of adding at the end the following: ity facility or appurtenant right-of-way June 30, 1906 (34 Stat. 801, chapter 3926), shall within or adjacent to the Scenic Area; not be taken into trust for the Tribe. ‘‘SEC. 713. WILDLIFE CORRIDORS. ‘‘(B) subject to subsection (e), affects nec- ‘‘(b) SURVEY.—Not later than 180 days after ‘‘(a) IN GENERAL.—The Secretary shall— essary or efficient access to utility facilities the date of enactment of this title, the Sec- ‘‘(1) assess the impacts of habitat frag- or rights-of-way within or adjacent to the retary shall complete a survey of the bound- mentation on wildlife in the California Scenic Area; and ary lines to establish the boundaries of the Desert Conservation Area; and ‘‘(C) precludes the Secretary from author- land to be held in trust under subsection ‘‘(2) establish policies and procedures to izing the establishment of new utility facil- (a)(1). ensure the preservation of wildlife corridors ity rights-of-way (including instream sites, ‘‘(c) RESERVATION LAND.—The land held in and facilitate species migration. routes, and areas) within the Scenic Area in trust pursuant to subsection (a)(1) shall be ‘‘(b) STUDY.— a manner that minimizes harm to the pur- considered to be a part of the reservation of ‘‘(1) IN GENERAL.—As soon as practicable, pose of the Scenic Area as described in sub- the Tribe. but not later than 2 years, after the date of section (b)— ‘‘(d) GAMING PROHIBITION.—Land held in enactment of this section, the Secretary ‘‘(i) in accordance with the National Envi- trust under subsection (a)(1) shall not be eli- shall complete a study regarding the impact ronmental Policy Act of 1969 (42 U.S.C. 4321 gible, or considered to have been taken into of habitat fragmentation on wildlife in the et seq.) and any other applicable law; trust, for gaming (within the meaning of the California Desert Conservation Area. ‘‘(ii) subject to such terms and conditions Indian Gaming Regulatory Act (25 U.S.C. ‘‘(2) COMPONENTS.—The study under para- as the Secretary determines to be appro- 2701 et seq.)). graph (1) shall— priate; and ‘‘SEC. 1405. TRANSFER OF ADMINISTRATIVE JU- ‘‘(A) identify the species migrating, or ‘‘(iii) that are determined by the Secretary RISDICTION. likely to migrate in the California Desert to be the only technical or feasible location, ‘‘Administrative jurisdiction over the ap- Conservation Area; following consideration of alternatives with- proximately 56 acres of Federal land depicted ‘‘(B) examine the impacts and potential in existing rights-of-way or outside of the on the Map as ‘USFS Transfer to BLM’ is impacts of habitat fragmentation on— Scenic Area. transferred from the Forest Service to the ‘‘(i) plants, insects, and animals; ‘‘(2) MANAGEMENT PLAN.—Consistent with Bureau of Land Management. ‘‘(ii) soil; this title, the Management Plan shall estab- ‘‘SEC. 1406. PROTECTION OF SERVICES AND REC- ‘‘(iii) air quality; lish provisions for maintenance of public REATIONAL OPPORTUNITIES. ‘‘(iv) water quality and quantity; and utility and other rights-of-way within the ‘‘(a) EFFECT OF TITLE.—Nothing in this ‘‘(v) species migration and survival; Scenic Area. title limits commercial services for existing ‘‘(C) identify critical wildlife and species ‘‘SEC. 1403. MANAGEMENT PLAN. or historic recreation uses, as authorized by migration corridors recommended for preser- the permit process of the Bureau of Land vation; and ‘‘(a) IN GENERAL.—Not later than 3 years Management. ‘‘(D) include recommendations for ensuring after the date of enactment of this title, in ‘‘(b) GUIDED RECREATIONAL OPPORTUNI- the biological connectivity of public land accordance with subsections (b) and (c), the TIES.—Commercial permits to exercise guid- managed by the Secretary and the Secretary Secretary shall develop a comprehensive ed recreational opportunities for the public of Defense throughout the California Desert plan for the long-term management of the that are authorized as of the date of enact- Conservation Area. Scenic Area. ment of this title may continue to be author- ‘‘(3) RIGHTS-OF-WAY.—The Secretary shall ‘‘(b) CONSULTATION.—In developing the ized.’’. consider the information and recommenda- management plan, the Secretary shall con- PART V—MISCELLANEOUS tions of the study under paragraph (1) to de- sult with— termine the individual and cumulative im- ‘‘(1) appropriate State, Tribal, and local SEC. 1451. TRANSFER OF LAND TO ANZA- BORREGO DESERT STATE PARK. pacts of rights-of-way for projects in the governmental entities, including Inyo Coun- California Desert Conservation Area, in ac- ty and the Tribe; Title VII of the California Desert Protec- tion Act is 1994 (16 U.S.C. 410aaa–71 et seq.) is cordance with— ‘‘(2) utilities, including Southern Cali- ‘‘(A) the National Environmental Policy fornia Edison Company and the Los Angeles amended by adding at the end the following: ‘‘SEC. 712. TRANSFER OF LAND TO ANZA- Act of 1969 (42 U.S.C. 4321 et seq.); Department of Water and Power; ‘‘(B) the Endangered Species Act of 1973 (16 ‘‘(3) the Alabama Hills Stewardship Group; BORREGO DESERT STATE PARK. ‘‘(a) IN GENERAL.—On termination of all U.S.C. 1531 et seq.); and and mining claims to the land described in sub- ‘‘(C) any other applicable law. ‘‘(4) members of the public. section (b), the Secretary shall transfer the ‘‘(c) LAND MANAGEMENT PLANS.—The Sec- ‘‘(c) REQUIREMENT.—In accordance with land described in that subsection to the retary shall incorporate into all land man- this title, the management plan shall include State of California. agement plans applicable to the California provisions for maintenance of existing public ‘‘(b) DESCRIPTION OF LAND.—The land re- Desert Conservation Area the findings and utility and other rights-of-way within the ferred to in subsection (a) is certain Bureau recommendations of the study completed Scenic Area. of Land Management land in San Diego under subsection (b).’’. ‘‘(d) INCORPORATION.—In developing the County, California, comprising approxi- SEC. 1453. PROHIBITED USES OF ACQUIRED, DO- management plan, in accordance with this mately 934 acres, as generally depicted on NATED, AND CONSERVATION LAND. section, the Secretary may allow casual use the map entitled ‘Proposed Table Mountain Title VII of the California Desert Protec- mining limited to the use of hand tools, Wilderness Study Area Transfer to the State’ tion Act is 1994 (16 U.S.C. 410aaa–71 et seq.) metal detectors, hand-fed dry washers, vacu- and dated November 7, 2018. (as amended by section 1452) is amended by um cleaners, gold pans, small sluices, and ‘‘(c) MANAGEMENT.— adding at the end the following: similar items. ‘‘(1) IN GENERAL.—The land transferred ‘‘SEC. 714. PROHIBITED USES OF ACQUIRED, DO- ‘‘(e) INTERIM MANAGEMENT.—Pending com- under subsection (a) shall be managed in ac- NATED, AND CONSERVATION LAND. pletion of the management plan, the Sec- cordance with the provisions of the Cali- ‘‘(a) DEFINITIONS.—In this section: retary shall manage the Scenic Area in ac- fornia Wilderness Act (California Public Re- ‘‘(1) ACQUIRED LAND.—The term ‘acquired cordance with section 1402(b). sources Code sections 5093.30–5093.40). land’ means any land acquired within the

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2178 CONGRESSIONAL RECORD — HOUSE February 26, 2019 Conservation Area using amounts from the ‘‘(ii) an opportunity for public comment re- ‘‘(A) each of— land and water conservation fund established garding the donation. ‘‘(i) the Chemehuevi Indian Tribe; under section 200302 of title 54, United States ‘‘(d) EXISTING AGREEMENTS.—Nothing in ‘‘(ii) the Hualapai Tribal Nation; Code. this section affects permitted or prohibited ‘‘(iii) the Fort Mojave Indian Tribe; ‘‘(2) CONSERVATION AREA.—The term ‘Con- uses of donated land or acquired land in the ‘‘(iv) the Colorado River Indian Tribes; servation Area’ means the California Desert Conservation Area established in any ease- ‘‘(v) the Quechan Indian Tribe; and Conservation Area. ments, deed restrictions, memoranda of un- ‘‘(vi) the Cocopah Indian Tribe; ‘‘(3) CONSERVATION LAND.—The term ‘con- derstanding, or other agreements in exist- ‘‘(B) the Advisory Council on Historic servation land’ means any land within the ence on the date of enactment of this sec- Preservation; and Conservation Area that is designated to sat- tion. ‘‘(C) the State Historic Preservation Of- isfy the conditions of a Federal habitat con- ‘‘(e) DEED RESTRICTIONS.—Effective begin- fices of Nevada, Arizona, and California. servation plan, general conservation plan, or ning on the date of enactment of this sec- ‘‘(3) RESOURCE PROTECTION.—The Tribal State natural communities conservation tion, within the Conservation Area, the Sec- cultural resources management plan devel- plan, including— retary may— oped under paragraph (1) shall— ‘‘(A) national conservation land estab- ‘‘(1) accept deed restrictions requested by ‘‘(A) be based on a completed Tribal cul- lished pursuant to section 2002(b)(2)(D) of the landowners for land donated to, or otherwise tural resources survey; and Omnibus Public Land Management Act of acquired by, the United States; and ‘‘(B) include procedures for identifying, 2009 (16 U.S.C. 7202(b)(2)(D)); and ‘‘(2) consistent with existing rights, create protecting, and preserving petroglyphs, an- ‘‘(B) areas of critical environmental con- deed restrictions, easements, or other third- cient trails, intaglios, sleeping circles, arti- cern established pursuant to section 202(c)(3) party rights relating to any public land de- facts, and other resources of cultural, ar- of the Federal Land Policy and Management termined by the Secretary to be necessary— chaeological, or historical significance in ac- Act of 1976 (43 U.S.C. 1712(c)(3)). ‘‘(A) to fulfill the mitigation requirements cordance with all applicable laws and poli- ‘‘(4) DONATED LAND.—The term ‘donated resulting from the development of renewable cies, including— land’ means any private land donated to the resources; or ‘‘(i) chapter 2003 of title 54, United States United States for conservation purposes in ‘‘(B) to satisfy the conditions of— Code; the Conservation Area. ‘‘(i) a habitat conservation plan or general ‘‘(ii) Public Law 95–341 (commonly known ‘‘(5) DONOR.—The term ‘donor’ means an conservation plan established pursuant to as the ‘American Indian Religious Freedom individual or entity that donates private section 10 of the Endangered Species Act of Act’) (42 U.S.C. 1996); land within the Conservation Area to the 1973 (16 U.S.C. 1539); or ‘‘(iii) the Archaeological Resources Protec- United States. ‘‘(ii) a natural communities conservation tion Act of 1979 (16 U.S.C. 470aa et seq.); ‘‘(6) SECRETARY.—The term ‘Secretary’ plan approved by the State.’’. ‘‘(iv) the Native American Graves Protec- means the Secretary, acting through the Di- SEC. 1454. TRIBAL USES AND INTERESTS. tion and Repatriation Act (25 U.S.C. 3001 et rector of the Bureau of Land Management. Section 705 of the California Desert Protec- seq.); and ‘‘(7) STATE.—The term ‘State’ means the tion Act is 1994 (16 U.S.C. 410aaa–75) is ‘‘(v) Public Law 103–141 (commonly known State of California. amended— as the ‘Religious Freedom Restoration Act of ‘‘(b) PROHIBITIONS.—Except as provided in (1) by redesignating subsection (b) as sub- 1993’) (42 U.S.C. 2000bb et seq.). subsection (c), the Secretary shall not au- section (c); ‘‘(e) WITHDRAWAL.—Subject to valid exist- thorize the use of acquired land, conserva- (2) by striking subsection (a) and inserting ing rights, all Federal land within the area tion land, or donated land within the Con- the following: administratively withdrawn and known as servation Area for any activities contrary to ‘‘(a) ACCESS.—The Secretary shall ensure the ‘Indian Pass Withdrawal Area’ is perma- the conservation purposes for which the land access to areas designated under this Act by nently withdrawn from— was acquired, designated, or donated, includ- members of Indian Tribes for traditional cul- ‘‘(1) all forms of entry, appropriation, or ing— tural and religious purposes, consistent with disposal under the public land laws; ‘‘(1) disposal; applicable law, including Public Law 95–341 ‘‘(2) location, entry, and patent under the ‘‘(2) rights-of-way; (commonly known as the ‘American Indian mining laws; and ‘‘(3) leases; Religious Freedom Act’) (42 U.S.C. 1996). ‘‘(3) right-of-way leasing and disposition ‘‘(4) livestock grazing; ‘‘(b) TEMPORARY CLOSURE.— under all laws relating to minerals or solar, ‘‘(5) infrastructure development, except as ‘‘(1) IN GENERAL.—In accordance with appli- wind, or geothermal energy.’’. provided in subsection (c); cable law, including Public Law 95–341 (com- SEC. 1455. RELEASE OF FEDERAL REVERSIONARY ‘‘(6) mineral entry; and monly known as the ‘American Indian Reli- LAND INTERESTS. ‘‘(7) off-highway vehicle use, except on— gious Freedom Act’) (42 U.S.C. 1996), and sub- (a) DEFINITIONS.—In this section: ‘‘(A) designated routes; ject to paragraph (2), the Secretary, on re- (1) 1932 ACT.—The term ‘‘1932 Act’’ means ‘‘(B) off-highway vehicle areas designated quest of an Indian Tribe or Indian religious the Act of June 18, 1932 (47 Stat. 324, chapter by law; and community, shall temporarily close to gen- 270). ‘‘(C) administratively designated open eral public use any portion of an area des- (2) DISTRICT.—The term ‘‘District’’ means areas. ignated as a national monument, special the Metropolitan Water District of Southern ‘‘(c) EXCEPTIONS.— management area, wild and scenic river, California. ‘‘(1) AUTHORIZATION BY SECRETARY.—Sub- area of critical environmental concern, or ject to paragraph (2), the Secretary may au- National Park System unit under this Act (b) RELEASE.—Subject to valid existing thorize limited exceptions to prohibited uses (referred to in this subsection as a ‘des- claims perfected prior to the effective date of of acquired land or donated land in the Con- ignated area’) to protect the privacy of tradi- the 1932 Act and the reservation of minerals servation Area if— tional cultural and religious activities in the set forth in the 1932 Act, the Secretary shall ‘‘(A) a right-of-way application for a re- designated area by members of the Indian release, convey, or otherwise quitclaim to newable energy development project or asso- Tribe or Indian religious community. the District, in a form recordable in local ciated energy transport facility on acquired ‘‘(2) LIMITATION.—In closing a portion of a county records, and subject to the approval land or donated land was submitted to the designated area under paragraph (1), the Sec- of the District, after consultation and with- Bureau of Land Management on or before retary shall limit the closure to the smallest out monetary consideration, all right, title, December 1, 2009; or practicable area for the minimum period and remaining interest of the United States ‘‘(B) after the completion and consider- necessary for the traditional cultural and re- in and to the land that was conveyed to the ation of an analysis under the National Envi- ligious activities.’’; and District pursuant to the 1932 Act or any ronmental Policy Act of 1969 (42 U.S.C. 4321 (3) by adding at the end the following: other law authorizing conveyance subject to et seq.), the Secretary has determined that ‘‘(d) TRIBAL CULTURAL RESOURCES MANAGE- restrictions or reversionary interests re- proposed use is in the public interest. MENT PLAN.— tained by the United States, on request by ‘‘(2) CONDITIONS.— ‘‘(1) IN GENERAL.—Not later than 2 years the District. ‘‘(A) IN GENERAL.—If the Secretary grants after the date of enactment of the Natural (c) TERMS AND CONDITIONS.—A conveyance an exception to the prohibition under para- Resources Management Act, the Secretary authorized by subsection (b) shall be subject graph (1), the Secretary shall require the shall develop and implement a Tribal cul- to the following terms and conditions: permittee to donate private land of com- tural resources management plan to iden- (1) The District shall cover, or reimburse parable value located within the Conserva- tify, protect, and conserve cultural resources the Secretary for, the costs incurred by the tion Area to the United States to mitigate of Indian Tribes associated with the Xam Secretary to make the conveyance, includ- the use. Kwatchan Trail network extending from ing title searches, surveys, deed preparation, ‘‘(B) APPROVAL.—The private land to be do- Avikwaame (Spirit Mountain, Nevada) to attorneys’ fees, and similar expenses. nated under subparagraph (A) shall be ap- Avikwlal (Pilot Knob, California). (2) By accepting the conveyances, the Dis- proved by the Secretary after— ‘‘(2) CONSULTATION.—The Secretary shall trict agrees to indemnify and hold harmless ‘‘(i) consultation, to the maximum extent consult on the development and implementa- the United States with regard to any bound- practicable, with the donor of the private tion of the Tribal cultural resources manage- ary dispute relating to any parcel conveyed land proposed for nonconservation uses; and ment plan under paragraph (1) with— under this section.

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2179 SEC. 1456. CALIFORNIA STATE SCHOOL LAND. mile downstream of the Trail 2W01 crossing, ‘‘(B) with respect to land under the juris- Section 707 of the California Desert Protec- as a scenic river. diction of the Secretary of Agriculture, the tion Act of 1994 (16 U.S.C. 410aaa–77) is ‘‘(v) The 10-mile segment from 0.25 miles Secretary of Agriculture. amended— downstream of the Trail 2W01 crossing to the ‘‘(3) STATE.—The term ‘State’ means the (1) in subsection (a)— upper limit of the Mojave dam flood zone in State of California.’’. sec. 17, T. 3 N., R. 3 W., San Bernardino Me- (A) in the first sentence— SEC. 1459. JUNIPER FLATS. (i) by striking ‘‘Upon request of the Cali- ridian, as a wild river. fornia State Lands Commission (hereinafter ‘‘(vi) The 11-mile segment of Holcomb The California Desert Protection Act of in this section referred to as the ‘Commis- Creek from 100 yards downstream of the 1994 is amended by striking section 711 (16 sion’), the Secretary shall enter into nego- Road 3N12 crossing to .25 miles downstream U.S.C. 410aaa–81) and inserting the following: tiations for an agreement’’ and inserting the of Holcomb Crossing, as a recreational river. ‘‘SEC. 711. JUNIPER FLATS. ‘‘(vii) The 3.5-mile segment of the Holcomb following: ‘‘Development of renewable energy genera- ‘‘(1) IN GENERAL.—The Secretary shall ne- Creek from 0.25 miles downstream of Hol- comb Crossing to the Deep Creek confluence, tion facilities (excluding rights-of-way or fa- gotiate in good faith to reach an agreement cilities for the transmission of energy and with the California State Lands Commission as a wild river. ‘‘(B) EFFECT ON SKI OPERATIONS.—Nothing telecommunication facilities and infrastruc- (referred to in this section as the ‘Commis- ture) is prohibited on the approximately sion’)’’; and in this paragraph affects— ‘‘(i) the operations of the Snow Valley Ski 27,990 acres of Federal land generally de- (ii) by inserting ‘‘, national monuments, picted as ‘BLM Land Unavailable for Energy off-highway vehicle recreation areas,’’ after Resort; or ‘‘(ii) the State regulation of water rights Development’ on the map entitled ‘Juniper ‘‘more of the wilderness areas’’; and Flats’ and dated November 7, 2018.’’. (B) in the second sentence, by striking and water quality associated with the oper- ‘‘The Secretary shall negotiate in good faith ation of the Snow Valley Ski Resort. SEC. 1460. CONFORMING AMENDMENTS TO CALI- to’’ and inserting the following: ‘‘(230) WHITEWATER RIVER, CALIFORNIA.— FORNIA MILITARY LANDS WITH- DRAWAL AND OVERFLIGHTS ACT OF ‘‘(2) AGREEMENT.—To the maximum extent The following segments of the Whitewater 1994. practicable, not later than 10 years after the River in the State of California, to be admin- date of enactment of this title, the Secretary istered by the Secretary of Agriculture and (a) FINDINGS.—Section 801(b)(2) of the Cali- shall’’; and the Secretary of the Interior, acting jointly: fornia Military Lands Withdrawal and Over- (2) in subsection (b)(1), by inserting ‘‘, na- ‘‘(A) The 5.8-mile segment of the North flights Act of 1994 (16 U.S.C. 410aaa–82 note; tional monuments, off-highway vehicle Fork Whitewater River from the source of Public Law 103–433) is amended by inserting recreation areas,’’ after ‘‘wilderness areas’’. the River near Mt. San Gorgonio to the con- ‘‘, special management areas, off-highway fluence with the Middle Fork, as a wild river. vehicle recreation areas, scenic areas,’’ be- SEC. 1457. DESIGNATION OF WILD AND SCENIC ‘‘(B) The 6.4-mile segment of the Middle RIVERS. fore ‘‘and wilderness areas’’. Fork Whitewater River from the source of (b) OVERFLIGHTS; SPECIAL AIRSPACE.—Sec- (a) AMARGOSA RIVER, CALIFORNIA.—Section the River to the confluence with the South 3(a)(196)(A) of the Wild and Scenic Rivers Act tion 802 of the California Military Lands Fork, as a wild river. Withdrawal and Overflights Act of 1994 (16 (16 U.S.C. 1274(a)(196)(A)) is amended to read ‘‘(C) The 1-mile segment of the South Fork as follows: U.S.C. 410aaa–82) is amended— Whitewater River from the confluence of the (1) in subsection (a), by inserting ‘‘, scenic ‘‘(A) The approximately 7.5-mile segment River with the East Fork to the section line of the Amargosa River in the State of Cali- areas, off-highway vehicle recreation areas, between sections 32 and 33, T. 1 S., R. 2 E., or special management areas’’ before ‘‘des- fornia, the private property boundary in sec. San Bernardino Meridian, as a wild river. 19, T. 22 N., R. 7 E., to 100 feet upstream of ignated by this Act’’; ‘‘(D) The 1-mile segment of the South Fork (2) in subsection (b), by inserting ‘‘, scenic the Tecopa Hot Springs Road crossing, to be Whitewater River from the section line be- administered by the Secretary of the Inte- areas, off-highway vehicle recreation areas, tween sections 32 and 33, T. 1 S., R. 2 E., San or special management areas’’ before ‘‘des- rior as a scenic river.’’. Bernardino Meridian, to the section line be- (b) ADDITIONAL SEGMENTS.—Section 3(a) of ignated by this Act’’; and tween sections 33 and 34, T. 1 S., R. 2 E., San (3) by adding at the end the following: the Wild and Scenic Rivers Act (16 U.S.C. Bernardino Meridian, as a recreational river. 1274(a)) (as amended by section 1303(a)) is ‘‘(E) The 4.9-mile segment of the South ‘‘(d) DEPARTMENT OF DEFENSE FACILITIES.— amended by adding at the end the following: Fork Whitewater River from the section line Nothing in this Act alters any authority of ‘‘(228) SURPRISE CANYON CREEK, CALI- between sections 33 and 34, T. 1 S., R. 2 E., the Secretary of Defense to conduct military FORNIA.— San Bernardino Meridian, to the confluence operations at installations and ranges within ‘‘(A) IN GENERAL.—The following segments with the Middle Fork, as a wild river. the California Desert Conservation Area that of Surprise Canyon Creek in the State of ‘‘(F) The 5.4-mile segment of the main are authorized under any other provision of California, to be administered by the Sec- stem of the Whitewater River from the con- law.’’. retary of the Interior: fluence of the South and Middle Forks to the SEC. 1461. DESERT TORTOISE CONSERVATION ‘‘(i) The approximately 5.3 miles of Sur- San Gorgonio Wilderness boundary, as a wild CENTER. prise Canyon Creek from the confluence of river. (a) IN GENERAL.—The Secretary shall es- Frenchman’s Canyon and Water Canyon to ‘‘(G) The 3.6-mile segment of the main tablish, operate, and maintain a trans-State 100 feet upstream of Chris Wicht Camp, as a stem of the Whitewater River from the San desert tortoise conservation center (referred wild river. Gorgonio Wilderness boundary to .25 miles to in this section as the ‘‘Center’’) on public ‘‘(ii) The approximately 1.8 miles of Sur- upstream of the southern boundary of sec- land along the California-Nevada border— prise Canyon Creek from 100 feet upstream of tion 35, T. 2 S., R. 3 E., San Bernardino Me- (1) to support desert tortoise research, dis- Chris Wicht Camp to the southern boundary ridian, as a recreational river.’’. ease monitoring, handling training, rehabili- of sec. 14, T. 21 S., R. 44 E., as a recreational SEC. 1458. CONFORMING AMENDMENTS. tation, and reintroduction; river. (a) SHORT TITLE.—Section 1 of the Cali- (2) to provide temporary quarters for ani- ‘‘(B) EFFECT ON HISTORIC MINING STRUC- fornia Desert Protection Act of 1994 (16 mals collected from authorized salvage from TURES.—Nothing in this paragraph affects U.S.C. 410aaa note; Public Law 103–433) is renewable energy sites; and the historic mining structures associated amended by striking ‘‘1 and 2, and titles I (3) to ensure the full recovery and ongoing with the former Panamint Mining District. through IX’’ and inserting ‘‘1, 2, and 3, titles survival of the species. ‘‘(229) DEEP CREEK, CALIFORNIA.— I through IX, and titles XIII and XIV’’. (b) CENTER.—In carrying out this section, ‘‘(A) IN GENERAL.—The following segments (b) DEFINITIONS.—The California Desert of Deep Creek in the State of California, to Protection Act of 1994 (Public Law 103–433; the Secretary shall— be administered by the Secretary of Agri- 108 Stat. 4471) is amended by inserting after (1) seek the participation of or contract culture: section 2 the following: with qualified organizations with expertise ‘‘(i) The approximately 6.5-mile segment ‘‘SEC. 3. DEFINITIONS. in desert tortoise disease research and expe- rience with desert tortoise translocation from 0.125 mile downstream of the Rainbow ‘‘(a) TITLES I THROUGH IX.—In titles I Dam site in sec. 33, T. 2 N., R. 2 W., San through IX, the term ‘this Act’ means only— techniques, and scientific training of profes- Bernardino Meridian, to 0.25 miles upstream ‘‘(1) sections 1 and 2; and sional biologists for handling tortoises, to of the Road 3N34 crossing, as a wild river. ‘‘(2) titles I through IX. staff and manage the Center; ‘‘(ii) The 0.5-mile segment from 0.25 mile ‘‘(b) TITLES XIII AND XIV.—In titles XIII (2) ensure that the Center engages in pub- upstream of the Road 3N34 crossing to 0.25 and XIV: lic outreach and education on tortoise han- mile downstream of the Road 3N34 crossing, ‘‘(1) CONSERVATION AREA.—The term ‘Con- dling; and as a scenic river. servation Area’ means the California Desert (3) consult with the State and the State of ‘‘(iii) The 2.5-mile segment from 0.25 miles Conservation Area. Nevada to ensure that the Center is operated downstream of the Road 3 N. 34 crossing to ‘‘(2) SECRETARY.—The term ‘Secretary’ consistent with State law. 0.25 miles upstream of the Trail 2W01 cross- means— (c) NON-FEDERAL CONTRIBUTIONS.—The Sec- ing, as a wild river. ‘‘(A) with respect to land under the juris- retary may accept and expend contributions ‘‘(iv) The 0.5-mile segment from 0.25 miles diction of the Secretary of the Interior, the of non-Federal funds to establish, operate, upstream of the Trail 2W01 crossing to 0.25 Secretary of the Interior; and and maintain the Center.

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TITLE II—NATIONAL PARKS mittee on Natural Resources of the House of (3) APPLICABLE LAW.—The study required Subtitle A—Special Resource Studies Representatives and the Committee on En- under paragraph (1) shall be conducted in ac- ergy and Natural Resources of the Senate a cordance with section 100507 of title 54, SEC. 2001. SPECIAL RESOURCE STUDY OF JAMES K. POLK PRESIDENTIAL HOME. report that describes— United States Code. (A) the results of the study; and (a) DEFINITION OF STUDY AREA.—In this (4) REPORT.—Not later than 3 years after section, the term ‘‘study area’’ means the (B) any conclusions and recommendations the date on which funds are first made avail- President James K. Polk Home in Columbia, of the Secretary. able to carry out the study under paragraph Tennessee, and adjacent property. SEC. 2003. SPECIAL RESOURCE STUDY OF PRESI- (1), the Secretary shall submit to the Com- DENT STREET STATION. (b) SPECIAL RESOURCE STUDY.— mittee on Natural Resources of the House of (a) DEFINITION OF STUDY AREA.—In this (1) STUDY.—The Secretary shall conduct a Representatives and the Committee on En- section, the term ‘‘study area’’ means the special resource study of the study area. ergy and Natural Resources of the Senate a President Street Station, a railroad terminal (2) CONTENTS.—In conducting the study report that describes— in Baltimore, Maryland, the history of which under paragraph (1), the Secretary shall— (A) the results of the study; and is tied to the growth of the railroad industry (A) evaluate the national significance of (B) any conclusions and recommendations in the 19th century, the Civil War, the Un- of the Secretary. the study area; derground Railroad, and the immigrant in- SEC. 2005. SPECIAL RESOURCE STUDY OF (B) determine the suitability and feasi- flux of the early 20th century. bility of designating the study area as a unit GEORGE W. BUSH CHILDHOOD (b) SPECIAL RESOURCE STUDY.— HOME. of the National Park System; (1) STUDY.—The Secretary shall conduct a (C) consider other alternatives for preser- (a) DEFINITION OF STUDY AREA.—In this special resource study of the study area. section, the term ‘‘study area’’ means the vation, protection, and interpretation of the (2) CONTENTS.—In conducting the study study area by the Federal Government, George W. Bush Childhood Home, located at under paragraph (1), the Secretary shall— 1412 West Ohio Avenue, Midland, Texas. State or local government entities, or pri- (A) evaluate the national significance of (b) SPECIAL RESOURCE STUDY.— vate and nonprofit organizations; the study area; (D) consult with interested Federal agen- (1) STUDY.—The Secretary shall conduct a (B) determine the suitability and feasi- special resource study of the study area. cies, State or local governmental entities, bility of designating the study area as a unit (2) CONTENTS.—In conducting the study private and nonprofit organizations, or any of the National Park System; other interested individuals; and under paragraph (1), the Secretary shall— (C) consider other alternatives for preser- (A) evaluate the national significance of (E) identify cost estimates for any Federal vation, protection, and interpretation of the acquisition, development, interpretation, op- the study area; study area by the Federal Government, (B) determine the suitability and feasi- eration, and maintenance associated with State or local government entities, or pri- the alternatives. bility of designating the study area as a unit vate and nonprofit organizations; of the National Park System; (3) APPLICABLE LAW.—The study required (D) consult with interested Federal agen- under paragraph (1) shall be conducted in ac- (C) consider other alternatives for preser- cies, State or local governmental entities, vation, protection, and interpretation of the cordance with section 100507 of title 54, private and nonprofit organizations, or any United States Code. study area by the Federal Government, other interested individuals; and State or local government entities, or pri- (4) REPORT.—Not later than 3 years after (E) identify cost estimates for any Federal the date on which funds are first made avail- vate and nonprofit organizations; acquisition, development, interpretation, op- (D) consult with interested Federal agen- able for the study under paragraph (1), the eration, and maintenance associated with Secretary shall submit to the Committee on cies, State or local governmental entities, the alternatives. private and nonprofit organizations, or any Energy and Natural Resources of the Senate PPLICABLE LAW.—The study required (3) A other interested individuals; and and the Committee on Natural Resources of under paragraph (1) shall be conducted in ac- (E) identify cost estimates for any Federal the House of Representatives a report that cordance with section 100507 of title 54, acquisition, development, interpretation, op- describes— United States Code. eration, and maintenance associated with (A) the results of the study; and (4) REPORT.—Not later than 3 years after the alternatives. (B) any conclusions and recommendations the date on which funds are first made avail- of the Secretary. (3) APPLICABLE LAW.—The study required able for the study under paragraph (1), the under paragraph (1) shall be conducted in ac- SEC. 2002. SPECIAL RESOURCE STUDY OF Secretary shall submit to the Committee on THURGOOD MARSHALL SCHOOL. cordance with section 100507 of title 54, Natural Resources of the House of Rep- United States Code. (a) DEFINITION OF STUDY AREA.—In this resentatives and the Committee on Energy (4) REPORT.—Not later than 3 years after section, the term ‘‘study area’’ means— and Natural Resources of the Senate a report (1) P.S. 103, the public school located in the date on which funds are first made avail- that describes— able for the study under paragraph (1), the West Baltimore, Maryland, which Thurgood (A) the results of the study; and Marshall attended as a youth; and Secretary shall submit to the Committee on (B) any conclusions and recommendations Energy and Natural Resources of the Senate (2) any other resources in the neighborhood of the Secretary. surrounding P.S. 103 that relate to the early and the Committee on Natural Resources of SEC. 2004. AMACHE SPECIAL RESOURCE STUDY. the House of Representatives a report that life of Thurgood Marshall. (a) DEFINITION OF STUDY AREA.—In this (b) SPECIAL RESOURCE STUDY.— describes— section, the term ‘‘study area’’ means the (A) the results of the study; and (1) STUDY.—The Secretary shall conduct a site known as ‘‘Amache’’, ‘‘Camp Amache’’, (B) any conclusions and recommendations special resource study of the study area. and ‘‘Granada Relocation Center’’ in Gra- of the Secretary. (2) CONTENTS.—In conducting the study nada, Colorado, which was 1 of the 10 reloca- under paragraph (1), the Secretary shall— tion centers where Japanese Americans were Subtitle B—National Park System Boundary (A) evaluate the national significance of incarcerated during World War II. Adjustments and Related Matters the study area; (b) SPECIAL RESOURCE STUDY.— SEC. 2101. SHILOH NATIONAL MILITARY PARK (B) determine the suitability and feasi- (1) IN GENERAL.—The Secretary shall con- BOUNDARY ADJUSTMENT. bility of designating the study area as a unit duct a special resource study of the study (a) DEFINITIONS.—In this section: of the National Park System; area. (1) AFFILIATED AREA.—The term ‘‘affiliated (C) consider other alternatives for preser- (2) CONTENTS.—In conducting the study area’’ means the Parker’s Crossroads Battle- vation, protection, and interpretation of the under paragraph (1), the Secretary shall— field established as an affiliated area of the study area by the Federal Government, (A) evaluate the national significance of National Park System by subsection (c)(1). State or local government entities, or pri- the study area; (2) PARK.—The term ‘‘Park’’ means Shiloh vate and nonprofit organizations; (B) determine the suitability and feasi- National Military Park, a unit of the Na- (D) consult with interested Federal agen- bility of designating the study area as a unit tional Park System. cies, State or local governmental entities, of the National Park System; (b) AREAS TO BE ADDED TO SHILOH NA- private and nonprofit organizations, or any (C) consider other alternatives for preser- TIONAL MILITARY PARK.— other interested individuals; and vation, protection, and interpretation of the (1) ADDITIONAL AREAS.—The boundary of (E) identify cost estimates for any Federal study area by the Federal Government, the Park is modified to include the areas acquisition, development, interpretation, op- State or local government entities, or pri- that are generally depicted on the map enti- eration, and maintenance associated with vate and nonprofit organizations; tled ‘‘Shiloh National Military Park, Pro- the alternatives. (D) consult with interested Federal agen- posed Boundary Adjustment’’, numbered 304/ (3) APPLICABLE LAW.—The study required cies, State or local governmental entities, 80,011, and dated July 2014, and which are under paragraph (1) shall be conducted in ac- private and nonprofit organizations, or any comprised of the following: cordance with section 100507 of title 54, other interested individuals; and (A) Fallen Timbers Battlefield. United States Code. (E) identify cost estimates for any Federal (B) Russell House Battlefield. (4) REPORT.—Not later than 3 years after acquisition, development, interpretation, op- (C) Davis Bridge Battlefield. the date on which funds are first made avail- eration, and maintenance associated with (2) ACQUISITION AUTHORITY.—The Secretary able to carry out the study under paragraph the alternatives described in subparagraphs may acquire the land described in paragraph (1), the Secretary shall submit to the Com- (B) and (C). (1) by donation, purchase from willing sellers

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with donated or appropriated funds, or ex- (B) AVAILABILITY OF MAP.—The map shall part of the Park in accordance with applica- change. be on file and available for public inspection ble laws (including regulations). (3) ADMINISTRATION.—Any land acquired in the appropriate offices of the National SEC. 2104. FORT FREDERICA NATIONAL MONU- under this subsection shall be administered Park Service. MENT, GEORGIA. as part of the Park. (3) LAND ACQUISITION.— (a) MAXIMUM ACREAGE.—The first section (c) ESTABLISHMENT OF AFFILIATED AREA.— (A) IN GENERAL.—The Secretary may ac- of the Act of May 26, 1936 (16 U.S.C. 433g), is (1) IN GENERAL.—Parker’s Crossroads Bat- quire land and interests in land within the amended by striking ‘‘two hundred and fifty tlefield in the State of Tennessee is estab- boundaries of the Historical Park by dona- acres’’ and inserting ‘‘305 acres’’. tion, purchase from a willing seller with do- lished as an affiliated area of the National (b) BOUNDARY EXPANSION.— nated or appropriated funds, or exchange. Park System. (1) IN GENERAL.—The boundary of the Fort (2) DESCRIPTION OF AFFILIATED AREA.—The (B) LIMITATION.—The Secretary may not Frederica National Monument in the State affiliated area shall consist of the area gen- acquire by condemnation any land or inter- of Georgia is modified to include the land erally depicted within the ‘‘Proposed Bound- est in land within the boundaries of the His- generally depicted as ‘‘Proposed Acquisition torical Park. ary’’ on the map entitled ‘‘Parker’s Cross- Areas’’ on the map entitled ‘‘Fort Frederica (4) ADMINISTRATION.—The Secretary shall roads Battlefield, Proposed Boundary’’, num- National Monument Proposed Boundary Ex- administer any land acquired under para- bered 903/80,073, and dated July 2014. pansion’’, numbered 369/132,469, and dated graph (3) as part of the Historical Park in ac- (3) ADMINISTRATION.—The affiliated area April 2016. cordance with applicable laws (including reg- shall be managed in accordance with— (2) AVAILABILITY OF MAP.—The map de- ulations). (A) this section; and scribed in paragraph (1) shall be on file and (c) OCMULGEE RIVER CORRIDOR SPECIAL RE- (B) any law generally applicable to units of available for public inspection in the appro- the National Park System. SOURCE STUDY.— (1) IN GENERAL.—The Secretary shall con- priate offices of the National Park Service. (4) MANAGEMENT ENTITY.—The City of (3) ACQUISITION OF LAND.—The Secretary Parkers Crossroads and the Tennessee His- duct a special resource study of the study area. may acquire the land and interests in land torical Commission shall jointly be the man- described in paragraph (1) by donation or agement entity for the affiliated area. (2) CONTENTS.—In conducting the study under paragraph (1), the Secretary shall— purchase with donated or appropriated funds (5) COOPERATIVE AGREEMENTS.—The Sec- (A) evaluate the national significance of from willing sellers only. retary may provide technical assistance and the study area; (4) NO USE OF CONDEMNATION OR EMINENT enter into cooperative agreements with the (B) determine the suitability and feasi- DOMAIN.—The Secretary may not acquire by management entity for the purpose of pro- bility of designating the study area as a unit condemnation or eminent domain any land viding financial assistance for the mar- of the National Park System; or interests in land under this section or for keting, marking, interpretation, and preser- (C) consider other alternatives for preser- the purposes of this section. vation of the affiliated area. vation, protection, and interpretation of the SEC. 2105. FORT SCOTT NATIONAL HISTORIC SITE (6) LIMITED ROLE OF THE SECRETARY.—Noth- study area by the Federal Government, BOUNDARY. ing in this section authorizes the Secretary State or local government entities, or pri- Public Law 95–484 (92 Stat. 1610) is amend- to acquire property at the affiliated area or vate and nonprofit organizations; ed— to assume overall financial responsibility for (D) consult with interested Federal agen- (1) in the first section— the operation, maintenance, or management cies, State or local governmental entities, (A) by inserting ‘‘, by purchase with appro- of the affiliated area. private and nonprofit organizations, or any priated funds, or by exchange’’ after ‘‘dona- (7) GENERAL MANAGEMENT PLAN.— other interested individuals; and tion’’; and (A) IN GENERAL.—The Secretary, in con- (E) identify cost estimates for any Federal (B) by striking the proviso; and sultation with the management entity, shall acquisition, development, interpretation, op- (2) in section 2— develop a general management plan for the eration, and maintenance associated with (A) by striking ‘‘SEC. 2. When’’ and insert- affiliated area in accordance with section the alternatives. ing the following: 100502 of title 54, United States Code. (3) APPLICABLE LAW.—The study required ‘‘SEC. 2. ESTABLISHMENT. (B) TRANSMITTAL.—Not later than 3 years under paragraph (1) shall be conducted in ac- after the date on which funds are made avail- ‘‘(a) IN GENERAL.—When’’; and cordance with section 100507 of title 54, (B) by adding at the end the following: able to carry out this section, the Secretary United States Code. shall submit to the Committee on Natural ‘‘(b) BOUNDARY MODIFICATION.—The bound- (4) REPORT.—Not later than 3 years after Resources of the House of Representatives ary of the Fort Scott National Historic Site the date on which funds are first made avail- established under subsection (a) is modified and the Committee on Energy and Natural able to carry out the study under paragraph Resources of the Senate the general manage- as generally depicted on the map referred to (1), the Secretary shall submit to the Com- as ‘Fort Scott National Historic Site Pro- ment plan developed under subparagraph (A). mittee on Natural Resources of the House of SEC. 2102. OCMULGEE MOUNDS NATIONAL HIS- posed Boundary Modification’, numbered 471/ Representatives and the Committee on En- 80,057, and dated February 2016.’’. TORICAL PARK BOUNDARY. ergy and Natural Resources of the Senate a (a) DEFINITIONS.—In this section: report that describes— SEC. 2106. FLORISSANT FOSSIL BEDS NATIONAL MONUMENT BOUNDARY. (1) HISTORICAL PARK.—The term ‘‘Histor- (A) the results of the study; and ical Park’’ means the Ocmulgee Mounds Na- (B) any conclusions and recommendations The first section of Public Law 91–60 (83 tional Historical Park in the State of Geor- of the Secretary. Stat. 101) is amended— (1) by striking ‘‘entitled ‘Proposed gia, as redesignated by subsection(b)(1)(A). SEC. 2103. KENNESAW MOUNTAIN NATIONAL BAT- (2) MAP.—The term ‘‘map’’ means the map TLEFIELD PARK BOUNDARY. Florissant Fossil Beds National Monument’, entitled ‘‘Ocmulgee National Monument Pro- (a) DEFINITIONS.—In this section: numbered NM–FFB–7100, and dated March posed Boundary Adjustment’’, numbered 363/ (1) MAP.—The term ‘‘map’’ means the map 1967, and more particularly described by 125996, and dated January 2016. entitled ‘‘Kennesaw Mountain National Bat- metes and bounds in an attachment to that (3) STUDY AREA.—The term ‘‘study area’’ tlefield Park, Proposed Boundary Adjust- map,’’ and inserting ‘‘entitled ‘Florissant means the Ocmulgee River corridor between ment’’, numbered 325/80,020, and dated Feb- Fossil Beds National Monument Proposed the cities of Macon, Georgia, and ruary 2010. Boundary Adjustment’, numbered 171/132,544, Hawkinsville, Georgia. (2) PARK.—The term ‘‘Park’’ means the and dated May 3, 2016,’’; and (b) OCMULGEE MOUNDS NATIONAL HISTOR- Kennesaw Mountain National Battlefield (2) by striking ‘‘six thousand acres’’ and in- ICAL PARK.— Park. serting ‘‘6,300 acres’’. (1) REDESIGNATION.— (b) KENNESAW MOUNTAIN NATIONAL BATTLE- SEC. 2107. VOYAGEURS NATIONAL PARK BOUND- (A) IN GENERAL.—The Ocmulgee National FIELD PARK BOUNDARY ADJUSTMENT.— ARY ADJUSTMENT. Monument, established pursuant to the Act (1) BOUNDARY ADJUSTMENT.—The boundary (a) BOUNDARIES.— of June 14, 1934 (48 Stat. 958, chapter 519), of the Park is modified to include the ap- (1) IN GENERAL.—Section 102(a) of Public shall be known and designated as the proximately 8 acres of land or interests in Law 91–661 (16 U.S.C. 160a–1(a)) is amended— ‘‘Ocmulgee Mounds National Historical land identified as ‘‘Wallis House and (A) in the first sentence, by striking ‘‘the Park’’. Harriston Hill’’, as generally depicted on the drawing entitled’’ and all that follows (B) REFERENCES.—Any reference in a law, map. through ‘‘February 1969’’ and inserting ‘‘the map, regulation, document, paper, or other (2) MAP.—The map shall be on file and map entitled ‘Voyageurs National Park, Pro- record of the United States to the available for inspection in the appropriate posed Land Transfer & Boundary Adjust- ‘‘Ocmulgee National Monument’’ shall be offices of the National Park Service. ment’, numbered 172/80,056, and dated June deemed to be a reference to the ‘‘Ocmulgee (3) LAND ACQUISITION.—The Secretary may 2009 (22 sheets)’’; and Mounds National Historical Park’’. acquire land or interests in land described in (B) in the second and third sentences, by (2) BOUNDARY ADJUSTMENT.— paragraph (1) by donation, purchase from striking ‘‘drawing’’ each place it appears and (A) IN GENERAL.—The boundary of the His- willing sellers, or exchange. inserting ‘‘map’’. torical Park is revised to include approxi- (4) ADMINISTRATION OF ACQUIRED LAND.— (2) TECHNICAL CORRECTIONS.—Section mately 2,100 acres of land, as generally de- The Secretary shall administer land and in- 102(b)(2)(A) of Public Law 91–661 (16 U.S.C. picted on the map. terests in land acquired under this section as 160a–1(b)(2)(A)) is amended—

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2182 CONGRESSIONAL RECORD — HOUSE February 26, 2019 (A) by striking ‘‘paragraph (1)(C) and (D)’’ (B) by striking ‘‘Interior, and it shall be tion or section 101(c)(2)(B), the Secretary and inserting ‘‘subparagraphs (C) and (D) of made’’ and inserting the following: ‘‘Interior; shall— paragraph (1)’’; and and ‘‘(1) certify that the proposed boundary re- (B) in the second proviso, by striking ‘‘(B) made’’; vision will contribute to, and is necessary ‘‘paragraph 1(E)’’ and inserting ‘‘paragraph (3) by inserting after subsection (a) (as des- for, the proper preservation, protection, in- (1)(E)’’. ignated by paragraph (1)) the following: terpretation, or management of the Park; (b) LAND ACQUISITIONS.—Section 201 of ‘‘(b) SCHOODIC PENINSULA ADDITION.— ‘‘(2) consult with the governing body of Public Law 91–661 (16 U.S.C. 160b) is amend- ‘‘(1) IN GENERAL.—The boundary of the each county, city, town, or other jurisdiction ed— Park is confirmed to include approximately with primary taxing authority over the land (1) by striking the section designation and 1,441 acres of land and interests in land, as or interest in land to be acquired regarding heading and all that follows through ‘‘(a) depicted on the map entitled ‘Acadia Na- the impacts of the proposed boundary revi- The Secretary’’ and inserting the following: tional Park, Hancock County, Maine, sion; ‘‘SEC. 201. LAND ACQUISITIONS. Schoodic Peninsula Boundary Revision’, ‘‘(3) obtain from each property owner the numbered 123/129102, and dated July 10, 2015. ‘‘(a) AUTHORIZATION.— land or interest in land of which is proposed ‘‘(2) RATIFICATION AND APPROVAL OF ACQUI- ‘‘(1) IN GENERAL.—The Secretary’’; to be acquired for, or lost from, the Park (2) in subsection (a)— SITIONS OF LAND.—Congress ratifies and ap- written consent for the proposed boundary (A) in the second sentence, by striking proves— revision; and ‘‘(A) effective as of September 26, 2013, the ‘‘When any tract of land is only partly with- ‘‘(4) submit to the Acadia National Park acquisition by the United States of the land in such boundaries’’ and inserting the fol- Advisory Commission established by section and interests in the land described in para- lowing: 103(a), the Committee on Natural Resources graph (1); and of the House of Representatives, the Com- ‘‘(2) CERTAIN PORTIONS OF TRACTS.— ‘‘(B) effective as of the date on which the mittee on Energy and Natural Resources of ‘‘(A) IN GENERAL.—In any case in which alteration occurred, any alteration of the only a portion of a tract of land is within the the Senate, and the Maine Congressional land or interests in the land described in boundaries of the park’’; Delegation a written notice of the proposed paragraph (1) that is held or claimed by the boundary revision. (B) in the third sentence, by striking United States (including conversion of the ‘‘(l) LIMITATION.—The Secretary may not ‘‘Land so acquired’’ and inserting the fol- land to fee simple interest) that occurred use the authority provided by section 100506 lowing: after the date described in subparagraph of title 54, United States Code, to adjust the ‘‘(B) EXCHANGE.— (A).’’; and permanent boundaries of the Park pursuant ‘‘(i) IN GENERAL.—Any land acquired pursu- (4) in subsection (c) (as designated by para- to this title.’’. ant to subparagraph (A)’’; graph (2)(A)), by adding at the end the fol- (c) ACADIA NATIONAL PARK ADVISORY COM- (C) in the fourth sentence, by striking lowing: MISSION.— ‘‘Any portion’’ and inserting the following: ‘‘(2) TECHNICAL AND LIMITED REVISIONS.— (1) IN GENERAL.—The Secretary shall rees- ‘‘(ii) PORTIONS NOT EXCHANGED.—Any por- Subject to section 102(k), notwithstanding tablish and appoint members to the Acadia tion’’; any other provision of this section, the Sec- National Park Advisory Commission in ac- (D) in the fifth sentence, by striking ‘‘Any retary of the Interior (referred to in this cordance with section 103 of Public Law 99– Federal property’’ and inserting the fol- title as the ‘Secretary’), by publication in 420 (16 U.S.C. 341 note). lowing: the Federal Register of a revised boundary (2) CONFORMING AMENDMENT.—Section 103 ‘‘(C) TRANSFERS OF FEDERAL PROPERTY.— map or other description, may make— of Public Law 99–420 (16 U.S.C. 341 note) is Any Federal property’’; and ‘‘(A) such technical boundary revisions as amended by striking subsection (f). (E) by striking the last sentence and in- the Secretary determines to be appropriate (d) REPEAL OF CERTAIN PROVISIONS RELAT- serting the following: to the permanent boundaries of the Park (in- ING TO ACADIA NATIONAL PARK.—The fol- lowing are repealed: ‘‘(D) ADMINISTRATIVE JURISDICTION.—Effec- cluding any property of the Park located (1) Section 3 of the Act of February 26, 1919 tive beginning on the date of enactment of within the Schoodic Peninsula and Isle Au (40 Stat. 1178, chapter 45). this subparagraph, there is transferred to the Haut districts) to resolve issues resulting (2) The first section of the Act of January National Park Service administrative juris- from causes such as survey error or changed 19, 1929 (45 Stat. 1083, chapter 77). diction over— road alignments; and (e) MODIFICATION OF USE RESTRICTION.— ‘‘(i) any land managed by the Bureau of ‘‘(B) such limited boundary revisions as Land Management within the boundaries of The Act of August 1, 1950 (64 Stat. 383, chap- the Secretary determines to be appropriate ter 511), is amended— the park, as depicted on the map described in to the permanent boundaries of the Park to section 102(a); and (1) by striking ‘‘That the Secretary’’ and take into account acquisitions or losses, by inserting the following: ‘‘(ii) any additional public land identified exchange, donation, or purchase from willing ‘‘SECTION 1. CONVEYANCE OF LAND IN ACADIA by the Bureau of Land Management as ap- sellers using donated or appropriated funds, propriate for transfer within the boundaries NATIONAL PARK. of land adjacent to or within the Park, re- ‘‘The Secretary’’; and of the park. spectively, in any case in which the total ‘‘(E) LAND OWNED BY STATE.— (2) by striking ‘‘for school purposes’’ and acreage of the land to be so acquired or lost inserting ‘‘for public purposes, subject to the ‘‘(i) DONATIONS AND EXCHANGES.—Any land is less than 10 acres, subject to the condition located within or adjacent to the boundaries conditions that use of the land shall not de- that— grade or adversely impact the resources or of the park that is owned by the State of ‘‘(i) any such boundary revision shall not Minnesota (or a political subdivision of the values of Acadia National Park and that the be a part of a more-comprehensive boundary land shall remain in public ownership for State) may be acquired by the Secretary revision; and only through donation or exchange. recreational, educational, or similar public ‘‘(ii) all such boundary revisions, consid- purposes’’. ‘‘(ii) REVISION.—On completion of an acqui- ered collectively with any technical bound- (f) CONTINUATION OF CERTAIN TRADITIONAL sition from the State under clause (i), the ary revisions made pursuant to subparagraph USES.—Title I of Public Law 99–420 (16 U.S.C. Secretary shall revise the boundaries of the (A), do not increase the size of the Park by 341 note) is amended by adding at the end the park to reflect the acquisition.’’; and more than a total of 100 acres, as compared following: (3) in subsection (b), by striking ‘‘(b) In ex- to the size of the Park on the date of enact- ‘‘SEC. 109. CONTINUATION OF CERTAIN TRADI- ercising his’’ and inserting the following: ment of this paragraph.’’. TIONAL USES. ‘‘(b) OFFERS BY INDIVIDUALS.—In exercising (b) LIMITATION ON ACQUISITIONS OF LAND ‘‘(a) DEFINITIONS.—In this section: the’’. FOR ACADIA NATIONAL PARK.—Section 102 of ‘‘(1) LAND WITHIN THE PARK.—The term SEC. 2108. ACADIA NATIONAL PARK BOUNDARY. Public Law 99–420 (16 U.S.C. 341 note) is ‘land within the Park’ means land owned or (a) BOUNDARY CLARIFICATION.—Section 101 amended— controlled by the United States— of Public Law 99–420 (16 U.S.C. 341 note) is (1) in subsection (a), in the matter pre- ‘‘(A) that is within the boundary of the amended— ceding paragraph (1), by striking ‘‘of the In- Park established by section 101; or (1) in the first sentence, by striking ‘‘In terior (hereinafter in this title referred to as ‘‘(B)(i) that is outside the boundary of the order to’’ and inserting the following: ‘the Secretary’)’’; Park; and ‘‘(a) BOUNDARIES.—Subject to subsections (2) in subsection (d)(1), in the first sen- ‘‘(ii) in which the Secretary has or acquires (b) and (c)(2), to’’; tence, by striking ‘‘the the’’ and inserting a property interest or conservation easement (2) in the second sentence— ‘‘the’’; pursuant to this title. (A) by striking ‘‘The map shall be on file’’ (3) in subsection (k)— ‘‘(2) MARINE SPECIES; MARINE WORM; SHELL- and inserting the following: (A) by redesignating the subsection as FISH.—The terms ‘marine species’, ‘marine ‘‘(c) AVAILABILITY AND REVISIONS OF paragraph (4) and indenting the paragraph worm’, and ‘shellfish’ have the meanings MAPS.— appropriately; and given those terms in section 6001 of title 12 of ‘‘(1) AVAILABILITY.—The map, together (B) by moving the paragraph so as to ap- the Maine Revised Statutes (as in effect on with the map described in subsection (b)(1) pear at the end of subsection (b); and the date of enactment of this section). and any revised boundary map published (4) by adding at the end the following: ‘‘(3) STATE LAW.—The term ‘State law’ under paragraph (2), if applicable, shall be— ‘‘(k) REQUIREMENTS.—Before revising the means the law (including regulations) of the ‘‘(A) on file’’; and boundaries of the Park pursuant to this sec- State of Maine, including the common law.

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‘‘(4) TAKING.—The term ‘taking’ means the (ii) in paragraph (2) (as redesignated by for public inspection in the appropriate of- removal or attempted removal of a marine subparagraph (A))— fices of the National Park Service. species, marine worm, or shellfish from the (I) by striking ‘‘Farm House’’ and inserting (c) BOUNDARY ADJUSTMENT; ADMINISTRA- natural habitat of the marine species, ma- ‘‘Farm Home’’; and TION.—On acquisition of the land referred to rine worm, or shellfish. (II) by striking the paragraph designation in subsection (a), the Secretary shall— ‘‘(b) CONTINUATION OF TRADITIONAL USES.— and all that follows through ‘‘authorized and (1) adjust the boundary of the Home of The Secretary shall allow for the traditional directed to’’ and inserting the following: Franklin D. Roosevelt National Historic Site taking of marine species, marine worms, and ‘‘(2) TECHNICAL AND PLANNING ASSIST- to reflect the acquisition; and shellfish, on land within the Park between ANCE.—The Secretary shall’’; (2) administer the acquired land as part of the mean high watermark and the mean low (C) in subsection (b)— the Home of Franklin D. Roosevelt National watermark in accordance with State law.’’. (i) by striking ‘‘(b)(1) The Secretary is fur- Historic Site, in accordance with applicable (g) CONVEYANCE OF CERTAIN LAND IN ACA- ther authorized to’’ and inserting the fol- laws. DIA NATIONAL PARK TO THE TOWN OF BAR lowing: Subtitle C—National Park System HARBOR, MAINE.— ‘‘(b) NOLAND/HAUKENBERRY AND WALLACE Redesignations (1) IN GENERAL.—The Secretary shall con- HOUSES.— SEC. 2201. DESIGNATION OF SAINT-GAUDENS NA- vey to the Town of Bar Harbor all right, ‘‘(1) IN GENERAL.—The Secretary may’’; and TIONAL HISTORICAL PARK. title, and interest of the United States in (ii) in paragraph (1), by indenting subpara- (a) IN GENERAL.—The Saint-Gaudens Na- and to the .29-acre parcel of land in Acadia graphs (A) and (B) appropriately; tional Historic Site shall be known and des- National Park identified as lot 110–055–000 on (D) by adding at the end the following: ignated as the ‘‘Saint-Gaudens National His- the tax map of the Town of Bar Harbor for ‘‘(e) ADDITIONAL LAND IN INDEPENDENCE FOR torical Park’’. section 110, dated April 1, 2015, to be used VISITOR CENTER.— (b) AMENDMENTS TO PUBLIC LAW 88–543.— for— ‘‘(1) IN GENERAL.—The Secretary may ac- Public Law 88–543 (78 Stat.749) is amended— (A) a solid waste transfer facility; or quire, by donation from the city of Independ- (1) by striking ‘‘National Historic Site’’ (B) other public purposes consistent with ence, Missouri, the land described in para- each place it appears and inserting ‘‘Na- uses allowed under the Act of June 14, 1926 graph (2) for— tional Historical Park’’; (commonly known as the ‘‘Recreation and ‘‘(A) inclusion in the Harry S Truman Na- (2) in section 2(a), by striking ‘‘historic Public Purposes Act’’) (44 Stat. 741, chapter tional Historic Site; and site’’ and inserting ‘‘Saint-Gaudens National 578; 43 U.S.C. 869 et seq.). ‘‘(B) if the Secretary determines appro- Historical Park’’; (2) REVERSION.—If the land conveyed under priate, use as a visitor center of the historic (3) in section 3, by— paragraph (1) is used for a purpose other than site, which may include administrative serv- (A) striking ‘‘national historical site’’ and a purpose described in that paragraph, the ices. inserting ‘‘Saint-Gaudens National Histor- land shall, at the discretion of the Secretary, ‘‘(2) DESCRIPTION OF LAND.—The land re- ical Park’’; and revert to the United States. ferred to in paragraph (1) consists of the ap- (B) striking ‘‘part of the site’’ and insert- SEC. 2109. AUTHORITY OF SECRETARY OF THE IN- proximately 1.08 acres of land— ing ‘‘part of the park’’; and TERIOR TO ACCEPT CERTAIN PROP- ‘‘(A) owned by the city of Independence, (4) in section 4(b), by striking ‘‘traditional ERTIES, MISSOURI. Missouri; to the site’’ and inserting ‘‘traditional to the (a) STE. GENEVIEVE NATIONAL HISTORICAL ‘‘(B) designated as Lots 6 through 19, park’’. PARK.—Section 7134(a)(3) of the Energy and DELAYS Subdivision, a subdivision in Inde- (c) REFERENCES.—Any reference in any Natural Resources Act of 2017 (as enacted pendence, Jackson County, Missouri; and law, regulation, document, record, map, or into law by section 121(a)(2) of division G of ‘‘(C) located in the area of the city bound other paper of the United States to the the Consolidated Appropriations Act, 2018 by Truman Road on the south, North Lynn Saint-Gaudens National Historic Site shall (Public Law 115–141)) is amended by striking Street on the west, East White Oak Street be considered to be a reference to the ‘‘Saint- ‘‘ ‘Ste. Genevieve National Historical Park on the north, and the city transit center on Gaudens National Historical Park’’. Proposed Boundary’, numbered 571/132,626, the east. SEC. 2202. REDESIGNATION OF ROBERT EMMET and dated May 2016’’ and inserting ‘‘ ‘Ste. ‘‘(3) BOUNDARY MODIFICATION.—On acquisi- PARK. Genevieve National Historical Park Pro- tion of the land under this subsection, the (a) REDESIGNATION.—The small triangular posed Boundary Addition’, numbered 571/ Secretary shall modify the boundary of the property designated by the National Park 149,942, and dated December 2018’’. Harry S Truman National Historic Site to Service as reservation 302, shall be known as (b) HARRY S TRUMAN NATIONAL HISTORIC reflect that acquisition.’’; and ‘‘Robert Emmet Park’’. SITE.—Public Law 98–32 (54 U.S.C. 320101 (E) in subsection (a)— (b) REFERENCE.—Any reference in any law, note) is amended— (i) in the second sentence, by striking ‘‘The regulation, document, record, map, paper, or (1) in section 3, by striking the section des- Secretary may also acquire, by any of the other record of the United States to the ignation and all that follows through ‘‘is au- above means, fixtures,’’ and inserting the property referred to in subsection (a) is thorized’’ and inserting the following: following: deemed to be a reference to ‘‘Robert Emmet ‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS. ‘‘(2) FIXTURES AND PERSONAL PROPERTY.— Park’’. ‘‘There are authorized’’; The Secretary may acquire, by any means (c) SIGNAGE.—The Secretary may post (2) in section 2— described in paragraph (1), any fixtures’’; and signs on or near Robert Emmet Park that in- (A) in the second sentence, by striking (ii) in the first sentence— clude 1 or more of the following: ‘‘The Secretary is further authorized, in the (I) by striking ‘‘of the Interior (hereinafter (1) Information on Robert Emmet, his con- administration of the site, to’’ and inserting referred to as the ‘Secretary’)’’; and tribution to Irish Independence, and his re- the following: (II) by striking ‘‘That (a) in order to’’ and spect for the United States and the Amer- ‘‘(b) USE BY MARGARET TRUMAN DANIEL.— inserting the following: ican Revolution. In administering the Harry S Truman Na- ‘‘SECTION 1. SHORT TITLE; DEFINITION OF SEC- (2) Information on the history of the statue tional Historic Site, the Secretary may’’; RETARY. of Robert Emmet located in Robert Emmet and ‘‘(a) SHORT TITLE.—This Act may be cited Park. (B) by striking the section designation and as the ‘Harry S Truman National Historic SEC. 2203. FORT SUMTER AND FORT MOULTRIE all that follows through ‘‘and shall be’’ in Site Establishment Act’. NATIONAL HISTORICAL PARK. the first sentence and inserting the fol- ‘‘(b) DEFINITION OF SECRETARY.—In this (a) DEFINITIONS.—In this section: lowing: Act, the term ‘Secretary’ means the Sec- (1) MAP.—The term ‘‘map’’ means the map ‘‘SEC. 3. DESIGNATION; USE BY MARGARET TRU- retary of the Interior. entitled ‘‘Boundary Map, Fort Sumter and MAN DANIEL. ‘‘SEC. 2. PURPOSE; ACQUISITION OF PROPERTY. Fort Moultrie National Historical Park’’, ‘‘(a) DESIGNATION.—Any property acquired ‘‘(a) PURPOSE; ACQUISITION.— numbered 392/80,088, and dated August 2009. pursuant to section 2— ‘‘(1) IN GENERAL.—To’’. (2) PARK.—The term ‘‘Park’’ means the ‘‘(1) is designated as the ‘Harry S Truman SEC. 2110. HOME OF FRANKLIN D. ROOSEVELT Fort Sumter and Fort Moultrie National National Historic Site’; and NATIONAL HISTORIC SITE. Historical Park established by subsection ‘‘(2) shall be’’; and (a) LAND ACQUISITION.—The Secretary may (b). (3) in the first section— acquire, by donation, purchase from a will- (3) STATE.—The term ‘‘State’’ means the (A) by redesignating subsection (e) as para- ing seller using donated or appropriated State of South Carolina. graph (2), indenting the paragraph appro- funds, or exchange, the approximately 89 (4) SULLIVAN’S ISLAND LIFE SAVING STATION priately, and moving the paragraph so as to acres of land identified as the ‘‘Morgan Prop- HISTORIC DISTRICT.—The term ‘‘Sullivan’s Is- appear at the end of subsection (c); erty’’ and generally depicted on the map en- land Life Saving Station Historic District’’ (B) in subsection (c)— titled ‘‘Home of Franklin D. Roosevelt Na- means the Charleston Lighthouse, the boat- (i) by striking the subsection designation tional Historic Site, Proposed Park Addi- house, garage, bunker/sighting station, sig- and all that follows through ‘‘authorized to’’ tion’’, numbered 384/138,461, and dated May nal tower, and any associated land and im- and inserting the following: 2017. provements to the land that are located be- ‘‘(c) TRUMAN FARM HOME.— (b) AVAILABILITY OF MAP.—The map re- tween Sullivan’s Island Life Saving Station ‘‘(1) IN GENERAL.—The Secretary may’’; and ferred to in subsection (a) shall be available and the mean low water mark.

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(b) ESTABLISHMENT.—There is established bered 550/135,755, and dated January 2017; (A) establish, within the National Park the Fort Sumter and Fort Moultrie National ‘‘Reconstruction Era National Monument Service, a program to be known as the ‘‘Re- Historical Park in the State as a single unit Darrah Hall and Brick Baptist Church’’, construction Era National Historic Net- of the National Park System to preserve, numbered 550/135,756, and dated January 2017; work’’; maintain, and interpret the nationally sig- and ‘‘Reconstruction Era National Monu- (B) not later than 1 year after the date of nificant historical values and cultural re- ment Camp Saxton’’, numbered 550/135,757, enactment of this Act, solicit proposals from sources associated with Fort Sumter Na- and dated January 2017, collectively. sites interested in being a part of the Net- tional Monument, Fort Moultrie National (3) NETWORK.—The term ‘‘Network’’ means work; and Monument, and the Sullivan’s Island Life the Reconstruction Era National Historic (C) administer the Network through the Saving Station Historic District. Network established pursuant to this sec- historical park. (c) BOUNDARY.—The boundary of the Park tion. (2) DUTIES OF SECRETARY.—In carrying out shall be as generally depicted on the map. (b) RECONSTRUCTION ERA NATIONAL HISTOR- the Network, the Secretary shall— (d) AVAILABILITY OF MAP.—The map shall ICAL PARK.— (A) review studies and reports to com- be on file and available for public inspection (1) REDESIGNATION OF RECONSTRUCTION ERA plement and not duplicate studies of the his- in the appropriate offices of the National NATIONAL MONUMENT.— torical importance of Reconstruction Era Park Service. (A) IN GENERAL.—The Reconstruction Era that may be underway or completed, such as (e) ADMINISTRATION.— National Monument is redesignated as the the National Park Service Reconstruction (1) IN GENERAL.—The Secretary, acting Reconstruction Era National Historical Handbook and the National Park Service through the Director of the National Park Park, as generally depicted on the Map. Theme Study on Reconstruction; Service, shall administer the Park in accord- (B) AVAILABILITY OF FUNDS.—Any funds (B) produce and disseminate appropriate ance with this section and the laws generally available for the purposes of the Reconstruc- educational and promotional materials re- applicable to units of the National Park Sys- tion Era National Monument shall be avail- lating to the Reconstruction Era and the tem, including— able for the purposes of the historical park. sites in the Network, such as handbooks, (A) section 100101(a), chapter 1003, and sec- maps, interpretive guides, or electronic in- (C) REFERENCES.—Any references in a law, tions 100751(a), 100752, 100753, and 102101 of regulation, document, record, map, or other formation; title 54, United States Code; and paper of the United States to the Recon- (C) enter into appropriate cooperative agreements and memoranda of under- (B) chapter 3201 of title 54, United States struction Era National Monument shall be standing to provide technical assistance; Code. considered to be a reference to the historical (D)(i) create and adopt an official, uniform (2) INTERPRETATION OF HISTORICAL park. EVENTS.—The Secretary shall provide for the symbol or device for the Network; and (2) BOUNDARY EXPANSION.— interpretation of historical events and ac- (ii) issue regulations for the use of the (A) BEAUFORT NATIONAL HISTORIC LANDMARK tivities that occurred in the vicinity of Fort symbol or device adopted under clause (i); DISTRICT.—Subject to subparagraph (D), the and Sumter and Fort Moultrie, including— Secretary is authorized to acquire land or in- (E) conduct research relating to Recon- (A) the Battle of Sullivan’s Island on June terests in land within the Beaufort National struction and the Reconstruction Era. 28, 1776; Historic Landmark District that has historic (B) the Siege of Charleston during 1780; (3) ELEMENTS.—The Network shall encom- connection to the Reconstruction Era. Upon pass the following elements: (C) the Civil War, including— finalizing an agreement to acquire land, the (i) the bombardment of Fort Sumter by (A) All units and programs of the National Secretary shall expand the boundary of the Park Service that are determined by the Confederate forces on April 12, 1861; and historical park to encompass the property. (ii) any other events of the Civil War that Secretary to relate to the Reconstruction (B) ST. HELENA ISLAND.—Subject to sub- are associated with Fort Sumter and Fort Era. paragraph (D), the Secretary is authorized to (B) Other Federal, State, local, and pri- Moultrie; acquire the following and shall expand the (D) the development of the coastal defense vately owned properties that the Secretary boundary of the historical park to include determines— system of the United States during the pe- acquisitions under this authority: riod from the Revolutionary War to World (i) relate to the Reconstruction Era; and (i) Land and interests in land adjacent to (ii) are included in, or determined by the War II, including— the existing boundary on St. Helena Island, (i) the Sullivan’s Island Life Saving Sta- Secretary to be eligible for inclusion in, the South Carolina, as reflected on the Map. National Register of Historic Places. tion; (ii) Land or interests in land on St. Helena (ii) the lighthouse associated with the Sul- (C) Other governmental and nongovern- Island, South Carolina, that has a historic mental sites, facilities, and programs of an livan’s Island Life Saving Station; and connection to the Reconstruction Era. (iii) the coastal defense sites constructed educational, research, or interpretive nature (C) CAMP SAXTON.—Subject to subpara- during the period of fortification construc- that are directly related to the Reconstruc- graph (D), the Secretary is authorized to ac- tion Era. tion from 1898 to 1942, known as the ‘‘Endi- cept administrative jurisdiction of Federal cott Period’’; and (4) COOPERATIVE AGREEMENTS AND MEMO- land or interests in Federal land adjacent to RANDA OF UNDERSTANDING.—To achieve the (E) the lives of— the existing boundary at Camp Saxton, as re- (i) the free and enslaved workers who built purposes of this section and to ensure effec- flected on the Map. Upon finalizing an agree- tive coordination of the Federal and non- and maintained Fort Sumter and Fort ment to accept administrative jurisdiction Moultrie; Federal elements of the Network and units of Federal land or interests in Federal land, and programs of the National Park Service, (ii) the soldiers who defended the forts; the Secretary shall expand the boundary of (iii) the prisoners held at the forts; and the Secretary may enter into cooperative the historical park to encompass that Fed- agreements and memoranda of under- (iv) captive Africans bound for slavery eral land or interests in Federal land. who, after first landing in the United States, standing with, and provide technical assist- (D) LAND ACQUISITION AUTHORITY.—The Sec- ance to, the heads of other Federal agencies, were brought to quarantine houses in the vi- retary may only acquire land under this sec- cinity of Fort Moultrie in the 18th century, States, units of local government, regional tion by donation, exchange, or purchase with governmental bodies, and private entities. if the Secretary determines that the quar- donated funds. antine houses and associated historical val- SEC. 2205. GOLDEN SPIKE NATIONAL HISTORICAL (3) ADMINISTRATION.— ues are nationally significant. PARK. (A) IN GENERAL.—The Secretary shall ad- (f) COOPERATIVE AGREEMENTS.—The Sec- (a) DEFINITIONS.—In this section: minister the historical park in accordance retary may enter into cooperative agree- (1) PARK.—The term ‘‘Park’’ means the with this section and with the laws generally ments with public and private entities and Golden Spike National Historical Park des- applicable to units of the National Park Sys- individuals to carry out this section. ignated by subsection (b)(1). tem. (g) REPEAL OF EXISTING LAW.—Section 2 of (2) PROGRAM.—The term ‘‘Program’’ means the Joint Resolution entitled ‘‘Joint Resolu- (B) MANAGEMENT PLAN.—If the manage- the program to commemorate and interpret tion to establish the Fort Sumter National ment plan for the Reconstruction Era Na- the Transcontinental Railroad authorized Monument in the State of South Carolina’’, tional Monument— under subsection (c). approved April 28, 1948 (16 U.S.C. 450ee–1), is (i) has not been completed on or before the (3) SECRETARY.—The term ‘‘Secretary’’ repealed. date of enactment of this Act, the Secretary means the Secretary, acting through the Di- shall incorporate all provisions of this sec- SEC. 2204. RECONSTRUCTION ERA NATIONAL HIS- rector of the National Park Service. TORICAL PARK AND RECONSTRUC- tion into the planning process and complete (4) TRANSCONTINENTAL RAILROAD.—The TION ERA NATIONAL HISTORIC NET- a management plan for the historical park term ‘‘Transcontinental Railroad’’ means WORK. within 3 years; and the approximately 1,912-mile continuous (a) DEFINITIONS.—In this section: (ii) has been completed on or before the railroad constructed between 1863 and 1869 (1) HISTORICAL PARK.—The term ‘‘historical date of enactment of this Act, the Secretary extending from Council Bluffs, Iowa, to San park’’ means the Reconstruction Era Na- shall update the plan incorporating the pro- Francisco, California. tional Historical Park. visions of this section. (b) REDESIGNATION.— (2) MAP.—The term ‘‘Map’’ means the maps (c) RECONSTRUCTION ERA NATIONAL HIS- (1) REDESIGNATION.—The Golden Spike Na- entitled ‘‘Reconstruction Era National TORIC NETWORK.— tional Historic Site designated April 2, 1957, Monument Old Beaufort Firehouse’’, num- (1) IN GENERAL.—The Secretary shall— and placed under the administration of the

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RIAL.— record of the United States to the Golden (d) PROGRAMMATIC AGREEMENT.— (i) IN GENERAL.—The land and interests in Spike National Historic Site shall be consid- (1) IN GENERAL.—Not later than 180 days land excluded from the monument under sub- ered to be a reference to the ‘‘Golden Spike after the date of enactment of this Act, the paragraph (A) are incorporated in and made National Historical Park’’. Secretary shall seek to enter into a pro- part of the National Memorial in accordance (c) TRANSCONTINENTAL RAILROAD COMMEMO- grammatic agreement with the Utah State with this subsection. RATION AND PROGRAM.— Historic Preservation Officer to add to the (ii) USE OF FUNDS.—Any funds for the pur- (1) IN GENERAL.—Subject to paragraph (2), list of undertakings eligible for streamlined poses of the land and interests in land ex- the Secretary shall establish within the Na- review under section 306108 of title 54, United cluded from the monument under subpara- tional Park Service a program to commemo- States Code, certain uses that would have graph (A) shall be made available for the rate and interpret the Transcontinental limited physical impact to land in the Park. purposes of the National Memorial. Railroad. (2) DEVELOPMENT AND CONSULTATION.—The (iii) REFERENCES.—Any reference in a law (2) STUDY.—Before establishing the Pro- programmatic agreement entered into under (other than this section), regulation, docu- gram, the Secretary shall conduct a study of paragraph (1) shall be developed— ment, record, map, or other paper of the alternatives for commemorating and inter- (A) in accordance with applicable laws (in- United States to resources in the State of preting the Transcontinental Railroad that cluding regulations); and Hawai’i included in the World War II Valor includes— (B) in consultation with adjacent land- in the Pacific National Monument shall be (A) a historical assessment of the Trans- owners, Indian Tribes, and other interested considered a reference to the ‘‘Pearl Harbor continental Railroad; parties. National Memorial’’. (B) the identification of— (3) APPROVAL.—The Secretary shall— (b) TULE LAKE NATIONAL MONUMENT, CALI- (i) existing National Park System land and (A) consider any application for uses cov- FORNIA.— affiliated areas, land managed by other Fed- ered by the programmatic agreement; and (1) IN GENERAL.—The areas of the World eral agencies, and Federal programs that (B) not later than 60 days after the receipt War II Valor in the Pacific National Monu- may be related to preserving, commemo- of an application described in subparagraph ment located in the State of California, as rating, and interpreting the Trans- (A), approve the application, if the Secretary established by Presidential Proclamation continental Railroad; determines the application is consistent 8327 (73 Fed. Reg. 75293; December 10, 2008), (ii) any properties relating to the Trans- with— are redesignated as the ‘‘Tule Lake National continental Railroad— (i) the programmatic agreement entered Monument’’. (I) that are designated as, or could meet into under paragraph (1); and (2) ADMINISTRATION.—The Secretary shall the criteria for designation as, National His- (ii) applicable laws (including regulations). administer the Tule Lake National Monu- toric Landmarks; or (e) INVASIVE SPECIES.—The Secretary shall ment in accordance with the provisions of (II) that are included, or eligible for inclu- consult with, and seek to coordinate with, Presidential Proclamation 8327 (73 Fed. Reg. sion, on the National Register of Historic adjacent landowners to address the treat- 75293; December 10, 2008) applicable to the Places; ment of invasive species adjacent to, and sites and resources in the State of California (iii) any objects relating to the Trans- within the boundaries of, the Park. that are subject to that proclamation. continental Railroad that have educational, SEC. 2206. WORLD WAR II PACIFIC SITES. (3) REFERENCES.—Any reference in a law research, or interpretative value; and (a) PEARL HARBOR NATIONAL MEMORIAL, (other than this section), regulation, docu- (iv) any governmental programs and non- HAWAI’I.— ment, record, map, or other paper of the governmental programs of an educational, (1) DEFINITIONS.—In this subsection: United States to resources in the State of research, or interpretive nature relating to (A) MAP.—The term ‘‘Map’’ means the map California included in the World War II the Transcontinental Railroad; and entitled ‘‘Pearl Harbor National Memorial— Valor in the Pacific National Monument (C) recommendations for— Proposed Boundary’’, numbered 580/140,514, shall be considered to be a reference to ‘‘Tule (i) incorporating the resources identified and dated November 2017. Lake National Monument’’. under subparagraph (B) into the Program; (B) NATIONAL MEMORIAL.—The term ‘‘Na- (c) ALEUTIAN ISLANDS WORLD WAR II NA- and tional Memorial’’ means the Pearl Harbor TIONAL MONUMENT, ALASKA.— (ii) other appropriate ways to enhance his- National Memorial established by paragraph (1) IN GENERAL.—The areas of the World torical research, education, interpretation, (2)(A)(i). War II Valor in the Pacific National Monu- and public awareness of the Trans- (2) PEARL HARBOR NATIONAL MEMORIAL.— ment located in the State of Alaska, as es- continental Railroad. (A) ESTABLISHMENT.— tablished by Presidential Proclamation 8327 (3) REPORT.—Not later than 3 years after (i) IN GENERAL.—There is established the (73 Fed. Reg. 75293; December 10, 2008), are re- the date on which funds are made available Pearl Harbor National Memorial in the State designated as the ‘‘Aleutian Islands World to carry out the study under paragraph (2), of Hawai’i as a unit of the National Park War II National Monument’’. the Secretary shall submit to the Committee System. (2) ADMINISTRATION.—The Secretary shall on Natural Resources of the House of Rep- (ii) BOUNDARIES.—The boundaries of the administer the Aleutian Islands World War II resentatives and the Committee on Energy National Memorial shall be the boundaries National Monument in accordance with the and Natural Resources of the Senate a report generally depicted on the Map. provisions of Presidential Proclamation 8327 containing the findings and recommenda- (iii) AVAILABILITY OF MAP.—The Map shall (73 Fed. Reg. 75293; December 10, 2008) appli- tions of the study. be on file and available for public inspection cable to the sites and resources in the State (4) FREIGHT RAILROAD OPERATIONS.—The in appropriate offices of the National Park of Alaska that are subject to that proclama- Program shall not include any properties Service. tion. that are— (B) PURPOSES.—The purposes of the Na- (3) REFERENCES.—Any reference in a law (A) used in active freight railroad oper- tional Memorial are to preserve, interpret, (other than this section), regulation, docu- ations (or other ancillary purposes); or and commemorate for the benefit of present ment, record, map, or other paper of the (B) reasonably anticipated to be used for and future generations the history of World United States to the sites and resources in freight railroad operations in the future. War II in the Pacific from the events leading the State of Alaska included in the World (5) ELEMENTS OF THE PROGRAM.—In car- to the December 7, 1941, attack on O’ahu, to War II Valor in the Pacific National Monu- rying out the Program under this subsection, peace and reconciliation. ment shall be considered to be a reference to the Secretary— (3) ADMINISTRATION.—The Secretary shall the ‘‘Aleutian Islands World War II National (A) shall produce and disseminate appro- administer the National Memorial in accord- Monument’’. priate education materials relating to the ance with this subsection, section 121 of Pub- (d) HONOULIULI NATIONAL HISTORIC SITE, history, construction, and legacy of the lic Law 111–88 (123 Stat. 2930), and the laws HAWAI’I.— Transcontinental Railroad, such as hand- generally applicable to units of the National (1) DEFINITIONS.—In this subsection: books, maps, interpretive guides, or elec- Park System including— (A) HISTORIC SITE.—The term ‘‘Historic tronic information; (A) section 100101(a), chapter 1003, and sec- Site’’ means the Honouliuli National His- (B) may enter into appropriate cooperative tions 100751(a), 100752, 100753, and 102101 of toric Site established by paragraph (2)(A)(i). agreements and memoranda of under- title 54, United States Code; and (B) MAP.—The term ‘‘Map’’ means the map standing and provide technical assistance to (B) chapter 3201 of title 54, United States entitled ‘‘Honouliuli National Historic Site— the heads of other Federal agencies, States, Code. Proposed Boundary’’, numbered 680/139428, units of local government, regional govern- (4) REMOVAL OF PEARL HARBOR NATIONAL and dated June 2017. mental bodies, and private entities to fur- MEMORIAL FROM THE WORLD WAR II VALOR IN (2) HONOULIULI NATIONAL HISTORIC SITE.— ther the purposes of the Program and this THE PACIFIC NATIONAL MONUMENT.— (A) ESTABLISHMENT.— section; and (A) BOUNDARIES.—The boundaries of the (i) IN GENERAL.—There is established the (C) may— World War II Valor in the Pacific National Honouliuli National Historic Site in the

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State of Hawai’i as a unit of the National (b) ESTABLISHMENT.— Park System, the Mill Springs Battlefield Park System. (1) IN GENERAL.—Subject to paragraph (2), National Monument in the State of Ken- (ii) BOUNDARIES.—The boundaries of the there is established the Medgar and Myrlie tucky, to preserve, protect, and interpret for Historic Site shall be the boundaries gen- Evers Home National Monument in the State the benefit of present and future genera- erally depicted on the Map. of Mississippi as a unit of the National Park tions— (iii) AVAILABILITY OF MAP.—The Map shall System to preserve, protect, and interpret (A) the nationally significant historic re- be on file and available for public inspection for the benefit of present and future genera- sources of the Mill Springs Battlefield; and in appropriate offices of the National Park tions resources associated with the pivotal (B) the role of the Mill Springs Battlefield Service. roles of Medgar and Myrlie Evers in the in the Civil War. (B) PURPOSES.—The purposes of the His- American Civil Rights Movement. (2) DETERMINATION BY THE SECRETARY.—The toric Site are to preserve and interpret for (2) DETERMINATION BY THE SECRETARY.—The Monument shall not be established until the the benefit of present and future generations Monument shall not be established until the date on which the Secretary determines that the history associated with the internment date on which the Secretary determines that a sufficient quantity of land or interests in and detention of civilians of Japanese and a sufficient quantity of land or interests in land has been acquired to constitute a man- other ancestries during World War II in Ha- land has been acquired to constitute a man- ageable park unit. wai’i, the impacts of war and martial law on ageable park unit. (3) NOTICE.—Not later than 30 days after society in the Hawaiian Islands, and the co- (c) BOUNDARIES.—The boundaries of the the date on which the Secretary makes a de- location and diverse experiences of Prisoners Monument shall be the boundaries generally termination under paragraph (2), the Sec- of War at the Honouliuli Internment Camp depicted on the Map. retary shall publish in the Federal Register (d) AVAILABILITY OF MAP.—The Map shall site. notice of the establishment of the Monu- be on file and available for public inspection (3) ADMINISTRATION.— ment. in the appropriate offices of the National (A) IN GENERAL.—The Secretary shall ad- (4) BOUNDARY.—The boundary of the Monu- Park Service. minister the Historic Site in accordance ment shall be as generally depicted on the (e) ACQUISITION AUTHORITY.—The Secretary with this subsection and the laws generally may only acquire any land or interest in Map. applicable to units of the National Park Sys- land located within the boundary of the (5) AVAILABILITY OF MAP.—The Map shall tem, including— Monument by— be on file and available for public inspection (i) section 100101(a), chapter 1003, and sec- (1) donation; in the appropriate offices of the National tions 100751(a), 100752, 100753, and 102101 of (2) purchase from a willing seller with do- Park Service. title 54, United States Code; and nated or appropriated funds; or (6) ACQUISITION AUTHORITY.—The Secretary (ii) chapter 3201 of title 54, United States (3) exchange. may only acquire land or an interest in land Code. (f) ADMINISTRATION.— located within the boundary of the Monu- (B) PARTNERSHIPS.— (1) IN GENERAL.—The Secretary shall ad- ment by— (i) IN GENERAL.—The Secretary may enter minister the Monument in accordance with— (A) donation; into agreements with, or acquire easements (A) this section; and (B) purchase from a willing seller with do- from, the owners of property adjacent to the (B) the laws generally applicable to units nated or appropriated funds; or Historic Site to provide public access to the of the National Park System, including— (C) exchange. Historic Site. (i) section 100101(a), chapter 1003, and sec- (c) ADMINISTRATION.— (ii) INTERPRETATION.—The Secretary may tions 100751(a), 100752, 100753, and 102101 of (1) IN GENERAL.—The Secretary shall ad- enter into cooperative agreements with gov- title 54, United States Code; and minister the Monument in accordance with— ernmental and nongovernmental organiza- (ii) chapter 3201 of title 54, United States (A) this section; and tions to provide for interpretation at the Code. (B) the laws generally applicable to units Historic Site. (2) MANAGEMENT PLAN.— of the National Park System, including— (C) SHARED RESOURCES.—To the maximum (A) IN GENERAL.—Not later than 3 years (i) section 100101(a), chapter 1003, and sec- extent practicable, the Secretary may use after the date on which funds are first made tions 100751(a), 100752, 100753, and 102101 of the resources of the Pearl Harbor National available to the Secretary for this purpose, title 54, United States Code; and Memorial to administer the Historic Site. the Secretary shall prepare a general man- (ii) chapter 3201 of title 54, United States (4) ABOLISHMENT OF HONOULIULI NATIONAL agement plan for the Monument in accord- Code. MONUMENT.— ance with section 100502 of title 54, United (2) MANAGEMENT PLAN.— (A) IN GENERAL.—In light of the establish- States Code. (A) IN GENERAL.—Not later than 3 years ment of the Honouliuli National Historic (B) SUBMISSION.—On completion of the gen- after the date on which funds are first made Site, the Honouliuli National Monument is eral management plan under subparagraph available to prepare a general management abolished and the lands and interests therein (A), the Secretary shall submit it to the plan for the Monument, the Secretary shall are incorporated within and made part of Committee on Natural Resources of the prepare the general management plan in ac- Honouliuli National Historic Site. Any funds House of Representatives and the Committee cordance with section 100502 of title 54, available for purposes of Honouliuli National on Energy and Natural Resources of the Sen- United States Code. ate. Monument shall be available for purposes of (B) SUBMISSION TO CONGRESS.—On comple- (g) AGREEMENTS.— the Historic Site. tion of the general management plan, the (1) MONUMENT.—The Secretary— (B) REFERENCES.—Any references in law Secretary shall submit to the Committee on (A) shall seek to enter into an agreement (other than in this section), regulation, doc- Natural Resources of the House of Rep- with the College to provide interpretive and ument, record, map or other paper of the resentatives and the Committee on Energy educational services relating to the Monu- United States to Honouliuli National Monu- and Natural Resources of the Senate the gen- ment; and ment shall be considered a reference to eral management plan. Honouliuli National Historic Site. (B) may enter into agreements with the College and other entities for the purposes of (d) PRIVATE PROPERTY PROTECTION.—Noth- Subtitle D—New Units of the National Park carrying out this section. ing in this section affects the land use rights System (2) HISTORIC DISTRICT.—The Secretary may of private property owners within or adja- SEC. 2301. MEDGAR AND MYRLIE EVERS HOME enter into agreements with the owner of a cent to the Monument. NATIONAL MONUMENT. nationally significant property within the (e) NO BUFFER ZONES.— (a) DEFINITIONS.—In this section: Historic District, to identify, mark, inter- (1) IN GENERAL.—Nothing in this section (1) COLLEGE.—The term ‘‘College’’ means pret, and provide technical assistance with creates a protective perimeter or buffer zone Tougaloo College, a private educational in- respect to the preservation and interpreta- around the Monument. stitution located in Tougaloo, Mississippi. tion of the property. (2) ACTIVITIES OUTSIDE NATIONAL MONU- (2) HISTORIC DISTRICT.—The term ‘‘Historic SEC. 2302. MILL SPRINGS BATTLEFIELD NA- MENT.—The fact that an activity or use on District’’ means the Medgar Evers Historic TIONAL MONUMENT. land outside the Monument can be seen or District, as included on the National Reg- (a) DEFINITIONS.—In this section: heard within the Monument shall not pre- ister of Historic Places, and as generally de- (1) MAP.—The term ‘‘Map’’ means the map clude the activity or use outside the bound- picted on the Map. entitled ‘‘Mill Springs Battlefield National ary of the Monument. (3) MAP.—The term ‘‘Map’’ means the map Monument, Nancy, Kentucky’’, numbered entitled ‘‘Medgar and Myrlie Evers Home Na- 297/145513, and dated June 2018. SEC. 2303. CAMP NELSON HERITAGE NATIONAL MONUMENT. tional Monument’’, numbered 515/142561, and (2) MONUMENT.—The term ‘‘Monument’’ dated September 2018. means the Mill Springs Battlefield National (a) DEFINITIONS.—In this section: (4) MONUMENT.—The term ‘‘Monument’’ Monument established by subsection (b)(1). (1) MAP.—The term ‘‘Map’’ means the map means the Medgar and Myrlie Evers Home (3) SECRETARY.—The term ‘‘Secretary’’ entitled ‘‘Camp Nelson Heritage National National Monument established by sub- means the Secretary, acting through the Di- Monument Nicholasville, Kentucky’’, num- section (b). rector of the National Park Service. bered 532/144,148, and dated April 2018. (5) SECRETARY.—The term ‘‘Secretary’’ (b) ESTABLISHMENT.— (2) MONUMENT.—The term ‘‘Monument’’ means the Secretary, acting through the Di- (1) IN GENERAL.—Subject to paragraph (2), means the Camp Nelson Heritage National rector of the National Park Service. there is established as a unit of the National Monument established by subsection (b)(1).

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(3) SECRETARY.—The term ‘‘Secretary’’ Subtitle E—National Park System (3) Developing management plans for med- means the Secretary, acting through the Di- Management ical facilities, equipment, vehicles, and other rector of the National Park Service. SEC. 2401. DENALI NATIONAL PARK AND PRE- needs and costs of services listed in sub- section (a). (b) ESTABLISHMENT.— SERVE NATURAL GAS PIPELINE. (4) Training related to providing services (1) IN GENERAL.—Subject to paragraph (2), (a) PERMIT.—Section 3(b)(1) of the Denali there is established, as a unit of the National National Park Improvement Act (Public Law listed in subsection (a). Park System, the Camp Nelson Heritage Na- 113–33; 127 Stat. 516) is amended by striking (5) Obtaining or improving medical facili- tional Monument in the State of Kentucky, ‘‘within, along, or near the approximately 7- ties, equipment, vehicles, and other needs to preserve, protect, and interpret for the mile segment of the George Parks Highway and costs of providing services listed in sub- benefit of present and future generations, that runs through the Park’’. section (a). the nationally significant historic resources (b) TERMS AND CONDITIONS.—Section 3(c)(1) SEC. 2405. AUTHORITY TO GRANT EASEMENTS of Camp Nelson and the role of Camp Nelson of the Denali National Park Improvement AND RIGHTS-OF-WAY OVER FEDERAL in the American Civil War, Reconstruction, Act (Public Law 113–33; 127 Stat. 516) is LANDS WITHIN GATEWAY NATIONAL RECREATION AREA. and African American history and civil amended— rights. (1) in subparagraph (A), by inserting ‘‘and’’ Section 3 of Public Law 92–592 (16 U.S.C. after the semicolon; (2) CONDITIONS.—The Monument shall not 460cc–2) is amended by adding at the end the be established until after the Secretary— (2) by striking subparagraph (B); and following: (A) has entered into a written agreement (3) by redesignating subparagraph (C) as ‘‘(j) AUTHORITY TO GRANT EASEMENTS AND with the owner of any private or non-Federal subparagraph (B). RIGHTS-OF-WAY.— (c) APPLICABLE LAW.—Section 3 of the land within the boundary of the Monument, ‘‘(1) IN GENERAL.—The Secretary of the In- Denali National Park Improvement Act as depicted on the Map, providing that the terior may grant, to any State or local gov- (Public Law 113–33; 127 Stat. 515) is amended property shall be donated to the United ernment, an easement or right-of-way over by adding at the end the following: States for inclusion in the Monument, to be Federal lands within Gateway National ‘‘(d) APPLICABLE LAW.—A high pressure gas Recreation Area for construction, operation, managed consistently with the purposes of transmission pipeline (including appur- the Monument; and and maintenance of projects for control and tenances) in a nonwilderness area within the prevention of flooding and shoreline erosion. (B) has determined that sufficient land or boundary of the Park, shall not be subject to ‘‘(2) CHARGES AND REIMBURSEMENT OF interests in land have been acquired within title XI of the Alaska National Interest COSTS.—The Secretary may grant such an the boundary of the Monument to constitute Lands Conservation Act (16 U.S.C. 3161 et a manageable unit. easement or right-of-way without charge for seq.).’’. the value of the right so conveyed, except for (c) BOUNDARIES.—The boundaries of the SEC. 2402. HISTORICALLY BLACK COLLEGES AND reimbursement of costs incurred by the Monument shall be the boundaries generally UNIVERSITIES HISTORIC PRESERVA- United States for processing the application TION PROGRAM REAUTHORIZED. depicted on the Map. therefore and managing such right. Amounts Section 507(d)(2) of the Omnibus Parks and received as such reimbursement shall be (d) AVAILABILITY OF MAP.—The Map shall Public Lands Management Act of 1996 (54 credited to the relevant appropriation ac- be on file and available for public inspection U.S.C. 302101 note) is amended by striking count.’’. in the appropriate offices of the National the period at the end and inserting ‘‘and Park Service. each of fiscal years 2019 through 2025.’’. SEC. 2406. ADAMS MEMORIAL COMMISSION. (e) ACQUISITION AUTHORITY.—The Secretary SEC. 2402A. JOHN H. CHAFEE COASTAL BARRIER (a) COMMISSION.—There is established a may only acquire any land or interest in RESOURCES SYSTEM. commission to be known as the ‘‘Adams Me- land located within the boundary of the (a) IN GENERAL.—Section 2(b) of the morial Commission’’ (referred to in this sec- Monument by donation, purchase with do- Strengthening Coastal Communities Act of tion as the ‘‘Commission’’) for the purpose of nated or appropriated funds, or exchange. 2018 (Public Law 115–358) is amended by add- establishing a permanent memorial to honor ing at the end the following: John Adams and his legacy as authorized by (f) ADMINISTRATION.— ‘‘(36) The map entitled ‘Cape San Blas Unit Public Law 107–62 (115 Stat. 411), located in (1) IN GENERAL.—The Secretary shall ad- P30/P30P (1 of 2)’ and dated December 19, the city of Washington, District of Columbia, minister the Monument in accordance with— 2018, with respect to Unit P30 and Unit P30P. including sites authorized by Public Law 107– (A) this section; ‘‘(37) The map entitled ‘Cape San Blas Unit 315 (116 Stat. 2763). (B) Presidential Proclamation 9811 (83 Fed. P30/P30P (2 of 2)’ and dated December 19, (b) MEMBERSHIP.—The Commission shall be Reg. 54845 (October 31, 2018)); and 2018, with respect to Unit P30 and Unit composed of— (C) the laws generally applicable to units P30P.’’. (1) 4 persons appointed by the President, of the National Park System, including— (b) EFFECT.—Section 7003 shall have no not more than 2 of whom may be members of (i) section 100101(a), chapter 1003, and sec- force or effect. the same political party; tions 100751(a), 100752, 100753, and 102101 of SEC. 2403. AUTHORIZING COOPERATIVE MANAGE- (2) 4 Members of the Senate appointed by title 54, United States Code; and MENT AGREEMENTS BETWEEN THE the President pro tempore of the Senate in (ii) chapter 3201 of title 54, United States DISTRICT OF COLUMBIA AND THE consultation with the Majority Leader and Code. SECRETARY OF THE INTERIOR. Minority Leader of the Senate, of which not (2) MANAGEMENT PLAN.— The Secretary may enter into a coopera- more than 2 appointees may be members of (A) IN GENERAL.—Not later than 3 years tive management agreement with the Dis- the same political party; and after the date on which funds are first made trict of Columbia in accordance with section (3) 4 Members of the House of Representa- available to the Secretary for the prepara- 101703 of title 54, United States Code. tives appointed by the Speaker of the House tion of a general management plan for the SEC. 2404. FEES FOR MEDICAL SERVICES. of Representatives in consultation with the Monument, the Secretary shall prepare a (a) FEES AUTHORIZED.—The Secretary may Majority Leader and Minority Leader of the general management plan for the Monument establish and collect fees for medical serv- House of Representatives, of which not more in accordance with section 100502 of title 54, ices provided to persons in units of the Na- than 2 appointees may be members of the United States Code. tional Park System or for medical services same political party. (B) SUBMISSION TO CONGRESS.—On comple- provided by National Park Service personnel (c) CHAIR AND VICE CHAIR.—The members of tion of the general management plan, the outside units of the National Park System. the Commission shall select a Chair and Vice Secretary shall submit to the Committee on (b) NATIONAL PARK MEDICAL SERVICES Chair of the Commission. The Chair and Vice Energy and Natural Resources of the Senate FUND.—There is established in the Treasury and the Committee on Natural Resources of a fund, to be known as the ‘‘National Park Chair shall not be members of the same po- the House of Representatives the general Medical Services Fund’’ (referred to in this litical party. management plan. section as the ‘‘Fund’’). The Fund shall con- (d) VACANCIES.—Any vacancy in the Com- sist of— mission shall not affect its powers if a (g) NO BUFFER ZONES.— (1) donations to the Fund; and quorum is present, but shall be filled in the (1) IN GENERAL.—Nothing in this section same manner as the original appointment. creates a protective perimeter or buffer zone (2) fees collected under subsection (a). (c) AVAILABILITY OF AMOUNTS.—All (e) MEETINGS.— around the Monument. amounts deposited into the Fund shall be (1) INITIAL MEETING.—Not later than 45 (2) ACTIVITIES OUTSIDE NATIONAL MONU- available to the Secretary, to the extent pro- days after the date on which a majority of MENT.—The fact that an activity or use on vided in advance by Acts of appropriation, the members of the Commission have been land outside the Monument can be seen or for the following in units of the National appointed, the Commission shall hold its heard within the Monument shall not pre- Park System: first meeting. clude the activity or use outside the bound- (1) Services listed in subsection (a). (2) SUBSEQUENT MEETINGS.—The Commis- ary of the Monument. (2) Preparing needs assessments or other sion shall meet at the call of the Chair. (h) CONFLICTS.—If there is conflict between programmatic analyses for medical facili- (f) QUORUM.—A majority of the members of this section and Proclamation 9811 (83 Fed. ties, equipment, vehicles, and other needs the Commission shall constitute a quorum Reg. 54845; October 31, 2018), this section and costs of providing services listed in sub- but a lesser number of members may hold shall control. section (a). hearings.

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(g) NO COMPENSATION.—A member of the improvements within the land assignment ‘‘§ 104908. Bows in parks Commission shall serve without compensa- and right of way, including the James J. ‘‘(a) DEFINITION OF NOT READY FOR IMME- tion, but may be reimbursed for expenses in- Howard Marine Sciences Laboratory (‘Lab- DIATE USE.—The term ‘not ready for imme- curred in carrying out the duties of the Com- oratory’), two parking lots, and the seawater diate use’ means— mission. supply and backflow pipes as generally de- ‘‘(1) a bow or crossbow, the arrows of which (h) DUTIES.—The Commission shall con- picted on the map entitled ‘Gateway Na- are secured or stowed in a quiver or other sider and formulate plans for a permanent tional Recreation Area, James J. Howard arrow transport case; and memorial to honor John Adams and his leg- Marine Science Laboratory Land Assign- ‘‘(2) with respect to a crossbow, uncocked. acy, including the nature, location, design, ment’, numbered 646/142,581A, and dated ‘‘(b) VEHICULAR TRANSPORTATION AUTHOR- and construction of the memorial. April 2018 (‘Map’) and any related State per- IZED.—The Director shall not promulgate or (i) POWERS.—The Commission may— sonal property. enforce any regulation that prohibits an in- (1) make such expenditures for services and ‘‘(2) LEASE AMENDMENT.—Upon the transfer dividual from transporting bows and cross- materials for the purpose of carrying out authorized in paragraph (1), the Lease shall bows that are not ready for immediate use this section as the Commission considers ad- be amended to exclude any obligations of the across any System unit in the vehicle of the visable from funds appropriated or received State and the Department of the Interior re- individual if— as gifts for that purpose; lated to the Laboratory and associated prop- ‘‘(1) the individual is not otherwise prohib- (2) accept gifts, including funds from the erty and improvements transferred to the ited by law from possessing the bows and Adams Memorial Foundation, to be used in National Oceanic and Atmospheric Adminis- crossbows; carrying out this section or to be used in tration. However, all obligations of the State ‘‘(2) the bows or crossbows that are not connection with the construction or other to rehabilitate Building 74 and modify land- ready for immediate use remain inside the expenses of the memorial; and scaping on the surrounding property as de- vehicle of the individual throughout the pe- (3) hold hearings, enter into contracts for picted on the Map, under the Lease and pur- riod during which the bows or crossbows are personal services and otherwise, and do such suant to subsection (a), shall remain in full transported across System land; and other things as are necessary to carry out force and effect. ‘‘(3) the possession of the bows and cross- this section. ‘‘(3) USE BY THE NATIONAL OCEANIC AND AT- bows is in compliance with the law of the (j) REPORTS.—The Commission shall— MOSPHERIC ADMINISTRATION.—Upon the trans- State in which the System unit is located.’’. (1) report the plans required by subsection fer authorized in paragraph (1), the Adminis- (b) CLERICAL AMENDMENT.—The table of (h), together with recommendations, to the trator of the National Oceanic and Atmos- sections for chapter 1049 of title 54, United President and the Congress at the earliest pheric Administration is authorized to use States Code, is amended by inserting after practicable date; and the land generally depicted on the Map as a the item relating to section 104907 the fol- (2) in the interim, make annual reports on land assignment and right of way and associ- lowing: its progress to the President and the Con- ated land and appurtenances for continued ‘‘104908. Bows in parks.’’. gress. use of the Laboratory, including providing SEC. 2410. WILDLIFE MANAGEMENT IN PARKS. (k) APPLICABILITY OF OTHER LAWS.—The maintenance and repair, and access to the (a) IN GENERAL.—Chapter 1049 of title 54, Federal Advisory Committee Act (5 U.S.C. Laboratory, the parking lots and the sea- United States Code (as amended by section App.) shall not apply to the Commission. water supply and back flow pipes, without 2409(a)), is amended by adding at the end the (l) TERMINATION.—The Commission shall consideration, except for reimbursement to following: terminate on December 2, 2025. the National Park Service of agreed upon ‘‘§ 104909. Wildlife management in parks (m) AMENDMENTS TO PUBLIC LAW 107–62.— reasonable actual costs of subsequently pro- ‘‘(a) USE OF QUALIFIED VOLUNTEERS.—If the (1) REFERENCES TO COMMISSION.—Public vided goods and services. Secretary determines it is necessary to re- Law 107–62 (115 Stat. 411) is amended by ‘‘(4) AGREEMENT BETWEEN THE NATIONAL duce the size of a wildlife population on Sys- striking ‘‘Adams Memorial Foundation’’ PARK SERVICE AND THE NATIONAL OCEANIC AND tem land in accordance with applicable law each place it occurs and inserting ‘‘Adams ATMOSPHERIC ADMINISTRATION.—Upon the (including regulations), the Secretary may Memorial Commission’’. transfer authorized in paragraph (1), the Di- use qualified volunteers to assist in carrying XTENSION OF AUTHORIZATION.—Section (2) E rector of the National Park Service and the out wildlife management on System land. 1(c) of Public Law 107–62 (115 Stat. 411; 124 Administrator of the National Oceanic and ‘‘(b) REQUIREMENTS FOR QUALIFIED VOLUN- Stat. 1192; 127 Stat. 3880) is amended by Atmospheric Administration shall enter into TEERS.—Qualified volunteers providing as- striking ‘‘2020’’ and inserting ‘‘2025’’. an agreement addressing responsibilities per- sistance under subsection (a) shall be subject SEC. 2407. TECHNICAL CORRECTIONS TO REF- taining to the use of the land assignment to— ERENCES TO THE AFRICAN AMER- within the Sandy Hook Unit of the Gateway ‘‘(1) any training requirements or quali- ICAN CIVIL RIGHTS NETWORK. National Recreation Area as authorized in fications established by the Secretary; and (a) CHAPTER AMENDMENTS.—Chapter 3084 of paragraph (3). The agreement shall prohibit ‘‘(2) any other terms and conditions that title 54, United States Code, is amended by the Secretary may require. striking ‘‘U.S. Civil Rights Network’’ each any new construction on this land, perma- nent or nonpermanent, or significant alter- ‘‘(c) DONATIONS.—The Secretary may au- place it appears and inserting ‘‘African thorize the donation and distribution of American Civil Rights Network’’ (using iden- ation to the exterior of the Laboratory, without National Park Service approval. meat from wildlife management activities tical font as used in the text being replaced). carried out under this section, including the ‘‘(5) RESTORATION.— (b) AMENDMENTS TO LIST OF ITEMS.—The donation and distribution to Indian Tribes, ‘‘(A) Notwithstanding any provision of the list of items of title 54, United States Code, qualified volunteers, food banks, and other Lease to the contrary, if the State does not is amended by striking ‘‘U.S. Civil Rights organizations that work to address hunger, transfer the improvements as authorized in Network’’ each place it appears and inserting in accordance with applicable health guide- paragraph (1), and these improvements are ‘‘African American Civil Rights Network’’ lines and such terms and conditions as the not used as or in support of a marine science (using identical font as used in the text Secretary may require.’’. being replaced). laboratory, the State shall demolish and re- (b) CLERICAL AMENDMENT.—The table of (c) REFERENCES.—Any reference in any law move the improvements and restore the land sections for chapter 1049 of title 54 (as (other than in this section), regulation, doc- in accordance with the standards set forth amended by section 2409(b)), United States ument, record, map, or other paper of the by the National Park Service, free of unac- Code, is amended by inserting after the item United States to the ‘‘U.S. Civil Rights Net- ceptable encumbrances and in compliance relating to section 104908 the following: with all applicable laws and regulations re- work’’ shall be considered to be a reference ‘‘104909. Wildlife management in parks.’’. to the ‘‘African American Civil Rights Net- garding known contaminants. ‘‘(B) If the National Oceanic and Atmos- SEC. 2411. POTTAWATTAMIE COUNTY REVER- work’’. SIONARY INTEREST. pheric Administration accepts the improve- SEC. 2408. TRANSFER OF THE JAMES J. HOWARD Section 2 of Public Law 101–191 (103 Stat. MARINE SCIENCES LABORATORY. ments as authorized in paragraph (1) and 1697) is amended by adding at the end the fol- Section 7 of Public Law 100–515 (16 U.S.C. these improvements are not used as or in lowing: 1244 note) is amended by striking subsection support of a marine science laboratory, the ‘‘(g) CONVEYANCE OF REVERSIONARY INTER- (b) and inserting the following: National Oceanic and Atmospheric Adminis- EST.— ‘‘(b) TRANSFER FROM THE STATE TO THE NA- tration shall be responsible for demolishing ‘‘(1) IN GENERAL.—If the Secretary deter- TIONAL OCEANIC AND ATMOSPHERIC ADMINIS- and removing these improvements and re- mines that it is no longer in the public inter- TRATION.— storing the land, in accordance with the est to operate and maintain the center, sub- ‘‘(1) IN GENERAL.—Notwithstanding any standards set forth by the National Park ject to paragraph (2), the Secretary may other provision of law, or the provisions of Service, free of unacceptable encumbrances enter into 1 or more agreements— the August 13, 1991, Ground Lease Agreement and in compliance with all applicable laws ‘‘(A) to convey the reversionary interest (‘Lease’) between the Department of the In- and regulations regarding known contami- held by the United States and described in terior and the State of New Jersey (‘State’), nants.’’. the quitclaim deed dated April 13, 1998, in- upon notice to the National Park Service, SEC. 2409. BOWS IN PARKS. strument number 19170, and as recorded in the State may transfer without consider- (a) IN GENERAL.—Chapter 1049 of title 54, book 98, page 55015, in Pottawattamie Coun- ation, and the National Oceanic and Atmos- United States Code, is amended by adding at ty, Iowa (referred to in this subsection as the pheric Administration may accept, all State the end the following: ‘deed’); and

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2189 ‘‘(B) to extinguish the requirement in the (A) the Secretary, with respect to Federal with the head of each affected Federal agen- deed that alterations to structures on the land under the jurisdiction of the Secretary; cy, shall annually develop a priority list for property may not be made without the au- or projects that, through acquisition of land (or thorization of the Secretary. (B) the Secretary of Agriculture, with re- an interest in land), secure recreational pub- ‘‘(2) CONSIDERATION.—A reversionary inter- spect to Federal land under the jurisdiction lic access to Federal land under the jurisdic- est may be conveyed under paragraph of the Secretary of Agriculture. tion of the applicable Secretary for hunting, (1)(A)— (2) TRAIL.—The term ‘‘Trail’’ means the fishing, recreational shooting, or other out- ‘‘(A) without consideration, if the land sub- trail known as the ‘‘American Discovery door recreational purposes.’’. ject to the reversionary interest is required Trail’’, which consists of approximately 6,800 (e) ACQUISITION CONSIDERATIONS.—Section to be used in perpetuity for public rec- miles of trails extending from Cape Henlopen 200306 of title 54, United States Code (as reational, educational, or similar purposes; State Park in Delaware to Point Reyes Na- amended by subsection (d)), is amended by or tional Seashore in California, as generally adding at the end the following: ‘‘(B) for consideration in an amount equal described in volume 2 of the National Park ‘‘(d) ACQUISITION CONSIDERATIONS.—In de- to the fair market value of the reversionary Service feasibility study dated June 1995. termining whether to acquire land (or an in- interest, as determined based on an appraisal (b) SIGNAGE AUTHORIZED.—As soon as prac- terest in land) under this section, the Sec- that is conducted in accordance with— ticable after the date on which signage ac- retary and the Secretary of Agriculture shall ‘‘(i) the Uniform Appraisal Standards for ceptable to the Secretary concerned is do- take into account— Federal Land Acquisitions; and nated to the United States for placement on ‘‘(1) the significance of the acquisition; ‘‘(ii) the Uniform Standards of Professional Federal land at points along the Trail, the ‘‘(2) the urgency of the acquisition; Appraisal Practice. Secretary concerned shall place the signage ‘‘(3) management efficiencies; ‘‘(3) EXECUTION OF AGREEMENTS.—The Sec- on the Federal land. ‘‘(4) management cost savings; retary shall execute appropriate instruments (c) NO FEDERAL FUNDS.—No Federal funds ‘‘(5) geographic distribution; to carry out an agreement entered into may be used to acquire signage authorized ‘‘(6) threats to the integrity of the land; under paragraph (1). for placement under subsection (b). and ‘‘(4) EFFECT ON PRIOR AGREEMENT.—Effec- SEC. 2504. PIKE NATIONAL HISTORIC TRAIL ‘‘(7) the recreational value of the land.’’. tive on the date on which the Secretary has STUDY. SEC. 3002. CONSERVATION INCENTIVES LAND- executed instruments under paragraph (3) Section 5(c) of the National Trails System OWNER EDUCATION PROGRAM. and all Federal interests in the land and Act (16 U.S.C. 1244(c)) is amended by adding (a) IN GENERAL.—Not later than 1 year properties acquired under this Act have been at the end the following: after the date of enactment of this Act, the conveyed, the agreement between the Na- ‘‘(46) PIKE NATIONAL HISTORIC TRAIL.—The Secretary shall establish a conservation in- tional Park Service and the State Historical Pike National Historic Trail, a series of centives landowner education program (re- Society of Iowa, dated July 21, 1995, and en- routes extending approximately 3,664 miles, ferred to in this section as the ‘‘program’’). tered into under subsection (d), shall have no which follows the route taken by Lt. Zebulon (b) PURPOSE OF PROGRAM.—The program force or effect.’’. Montgomery Pike during the 1806–1807 Pike shall provide information on Federal con- SEC. 2412. DESIGNATION OF DEAN STONE expedition that began in Fort Bellefontaine, servation programs available to landowners BRIDGE. Missouri, extended through portions of the interested in undertaking conservation ac- (a) DESIGNATION.—The bridge located in States of Kansas, Nebraska, Colorado, New tions on the land of the landowners, includ- Blount County, Tennessee, on the Foothills Mexico, and Texas, and ended in ing options under each conservation program Parkway (commonly known as ‘‘Bridge 2’’) Natchitoches, Louisiana.’’. available to achieve the conservation goals shall be known and designated as the ‘‘Dean TITLE III—CONSERVATION of the program, such as— Stone Bridge’’. AUTHORIZATIONS (1) fee title land acquisition; (b) REFERENCES.—Any reference in a law, SEC. 3001. REAUTHORIZATION OF LAND AND (2) donation; and map, regulation, document, paper, or other WATER CONSERVATION FUND. (3) perpetual and term conservation ease- record of the United States to the bridge re- (a) IN GENERAL.—Section 200302 of title 54, ments or agreements. ferred to in subsection (a) shall be deemed to United States Code, is amended— (c) AVAILABILITY.—The Secretary shall en- be a reference to the ‘‘Dean Stone Bridge’’. (1) in subsection (b), in the matter pre- sure that the information provided under the Subtitle F—National Trails and Related ceding paragraph (1), by striking ‘‘During program is made available to— Matters the period ending September 30, 2018, there’’ (1) interested landowners; and SEC. 2501. NORTH COUNTRY SCENIC TRAIL and inserting ‘‘There’’; and (2) the public. ROUTE ADJUSTMENT. (2) in subsection (c)(1), by striking (d) NOTIFICATION.—In any case in which the Section 5(a)(8) of the National Trails Sys- ‘‘through September 30, 2018’’. Secretary contacts a landowner directly tem Act (16 U.S.C. 1244(a)(8)) is amended in (b) ALLOCATION OF FUNDS.—Section 200304 about participation in a Federal conserva- the first sentence— of title 54, United States Code, is amended— tion program, the Secretary shall, in writ- (1) by striking ‘‘thirty two hundred miles, (1) by striking the second sentence; ing— extending from eastern New York State’’ and (2) by striking ‘‘There’’ and inserting the (1) notify the landowner of the program; inserting ‘‘4,600 miles, extending from the following: and Appalachian Trail in Vermont’’; and ‘‘(a) IN GENERAL.—There’’; and (2) make available information on the con- (2) by striking ‘‘Proposed North Country (3) by adding at the end the following: servation program options that may be Trail’’ and all that follows through ‘‘June ‘‘(b) ALLOCATION OF FUNDS.—Of the total available to the landowner. 1975.’’ and inserting ‘‘ ‘North Country Na- amount made available to the Fund through TITLE IV—SPORTSMEN’S ACCESS AND tional Scenic Trail, Authorized Route’, dated appropriations or deposited in the Fund RELATED MATTERS February 2014, and numbered 649/116870.’’. under section 105(a)(2)(B) of the Gulf of Mex- Subtitle A—National Policy SEC. 2502. EXTENSION OF LEWIS AND CLARK NA- ico Energy Security Act of 2006 (43 U.S.C. TIONAL HISTORIC TRAIL. 1331 note; Public Law 109–432)— SEC. 4001. CONGRESSIONAL DECLARATION OF (a) EXTENSION.—Section 5(a)(6) of the Na- ‘‘(1) not less than 40 percent shall be used NATIONAL POLICY. tional Trails System Act (16 U.S.C. 1244(a)(6)) for Federal purposes; and (a) IN GENERAL.—Congress declares that it is amended— ‘‘(2) not less than 40 percent shall be used is the policy of the United States that Fed- (1) by striking ‘‘three thousand seven hun- to provide financial assistance to States.’’. eral departments and agencies, in accord- dred’’ and inserting ‘‘4,900’’; (c) PARITY FOR TERRITORIES AND THE DIS- ance with the missions of the departments (2) by striking ‘‘Wood River, Illinois,’’ and TRICT OF COLUMBIA.—Section 200305(b) of title and agencies, Executive Orders 12962 and inserting ‘‘the Ohio River in Pittsburgh, 54, United States Code, is amended by strik- 13443 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. Pennsylvania,’’; and ing paragraph (5). Reg. 46537 (August 16, 2007)), and applicable (3) by striking ‘‘maps identified as, ‘Vicin- (d) RECREATIONAL PUBLIC ACCESS.—Section law, shall— ity Map, Lewis and Clark Trail’ study report 200306 of title 54, United States Code, is (1) facilitate the expansion and enhance- dated April 1977.’’ and inserting ‘‘the map en- amended by adding at the end the following: ment of hunting, fishing, and recreational titled ‘Lewis and Clark National Historic ‘‘(c) RECREATIONAL PUBLIC ACCESS.— shooting opportunities on Federal land, in Trail Authorized Trail Including Proposed ‘‘(1) IN GENERAL.—Of the amounts made consultation with the Wildlife and Hunting Eastern Legacy Extension’, dated April 2018, available for expenditure in any fiscal year Heritage Conservation Council, the Sport and numbered 648/143721.’’. under section 200303, there shall be made Fishing and Boating Partnership Council, (b) EFFECTIVE DATE.—The amendments available for recreational public access State and Tribal fish and wildlife agencies, made by subsection (a) shall take effect on projects identified on the priority list devel- and the public; the date that is 60 days after the date of en- oped under paragraph (2) not less than the (2) conserve and enhance aquatic systems actment of this Act. greater of— and the management of game species and the SEC. 2503. AMERICAN DISCOVERY TRAIL SIGN- ‘‘(A) an amount equal to 3 percent of those habitat of those species on Federal land, in- AGE. amounts; or cluding through hunting and fishing, in a (a) DEFINITIONS.—In this section: ‘‘(B) $15,000,000. manner that respects— (1) SECRETARY CONCERNED.—The term ‘‘Sec- ‘‘(2) PRIORITY LIST.—The Secretary and the (A) State management authority over retary concerned’’ means— Secretary of Agriculture, in consultation wildlife resources; and

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2190 CONGRESSIONAL RECORD — HOUSE February 26, 2019 (B) private property rights; and (bb) on the website of the applicable Fed- plicable law, lease or permit the use of Fed- (3) consider hunting, fishing, and rec- eral agency; eral land for a shooting range. reational shooting opportunities as part of (cc) on the website of the Federal land (b) EXCEPTION.—The Secretary concerned all Federal plans for land, resource, and trav- unit, if available; and shall not lease or permit the use of Federal el management. (dd) in at least 1 local newspaper; land for a shooting range within— (b) EXCLUSION.—In this title, the term (II) made available in advance of the public (1) a component of the National Landscape ‘‘fishing’’ does not include commercial fish- comment period to local offices, chapters, Conservation System; ing in which fish are harvested, either in and affiliate organizations in the vicinity of (2) a component of the National Wilderness whole or in part, that are intended to enter the closure that are signatories to the Preservation System; commerce through sale. memorandum of understanding entitled (3) any area that is— Subtitle B—Sportsmen’s Access to Federal ‘‘Federal Lands Hunting, Fishing, and Shoot- (A) designated as a wilderness study area; Land ing Sports Roundtable Memorandum of Un- (B) administratively classified as— derstanding’’; and SEC. 4101. DEFINITIONS. (i) wilderness-eligible; or (III) that describes— In this subtitle: (ii) wilderness-suitable; or (aa) the proposed closure; and (C) a primitive or semiprimitive area; (1) FEDERAL LAND.—The term ‘‘Federal (bb) the justification for the proposed clo- land’’ means— (4) a national monument, national volcanic sure, including an explanation of the reasons (A) any land in the National Forest Sys- monument, or national scenic area; or and necessity for the decision to close the tem (as defined in section 11(a) of the Forest (5) a component of the National Wild and area to hunting, fishing, or recreational and Rangeland Renewable Resources Plan- Scenic Rivers System (including areas des- shooting; and ning Act of 1974 (16 U.S.C. 1609(a))) that is ad- ignated for study for potential addition to (ii) an opportunity for public comment for ministered by the Secretary of Agriculture, the National Wild and Scenic Rivers Sys- a period of— acting through the Chief of the Forest Serv- tem). (I) not less than 60 days for a permanent ice; and SEC. 4105. IDENTIFYING OPPORTUNITIES FOR closure; or (B) public lands (as defined in section 103 of RECREATION, HUNTING, AND FISH- (II) not less than 30 days for a temporary the Federal Land Policy and Management ING ON FEDERAL LAND. closure. Act of 1976 (43 U.S.C. 1702)), the surface of (a) DEFINITIONS.—In this section: (B) FINAL DECISION.—In a final decision to which is administered by the Secretary, act- (1) SECRETARY.—The term ‘‘Secretary’’ permanently or temporarily close an area to ing through the Director of the Bureau of means— hunting, fishing, or recreation shooting, the Land Management. (A) the Secretary, with respect to land ad- Secretary concerned shall— (2) SECRETARY CONCERNED.—The term ‘‘Sec- ministered by— (i) respond in a reasoned manner to the retary concerned’’ means— (i) the Director of the National Park Serv- comments received; (A) the Secretary of Agriculture, with re- ice; (ii) explain how the Secretary concerned spect to land described in paragraph (1)(A); (ii) the Director of the United States Fish resolved any significant issues raised by the and and Wildlife Service; and comments; and (B) the Secretary, with respect to land de- (iii) the Director of the Bureau of Land (iii) show how the resolution led to the clo- scribed in paragraph (1)(B). Management; and sure. (B) the Secretary of Agriculture, with re- SEC. 4102. FEDERAL LAND OPEN TO HUNTING, (c) TEMPORARY CLOSURES.— FISHING, AND RECREATIONAL spect to land administered by the Chief of SHOOTING. (1) IN GENERAL.—A temporary closure the Forest Service. under this section may not exceed a period of (a) IN GENERAL.—Subject to subsection (b), (2) STATE OR REGIONAL OFFICE.—The term Federal land shall be open to hunting, fish- 180 days. ‘‘State or regional office’’ means— ing, and recreational shooting, in accordance (2) RENEWAL.—Except in an emergency, a (A) a State office of the Bureau of Land with applicable law, unless the Secretary temporary closure for the same area of land Management; or concerned closes an area in accordance with closed to the same activities— (B) a regional office of— section 4103. (A) may not be renewed more than 3 times (i) the National Park Service; (b) EFFECT OF PART.—Nothing in this sub- after the first temporary closure; and (ii) the United States Fish and Wildlife title opens to hunting, fishing, or rec- (B) must be subject to a separate notice Service; or reational shooting any land that is not open and comment procedure in accordance with (iii) the Forest Service. to those activities as of the date of enact- subsection (b)(2). (3) TRAVEL MANAGEMENT PLAN.—The term ment of this Act. (3) EFFECT OF TEMPORARY CLOSURE.—Any ‘‘travel management plan’’ means a plan for Federal land that is temporarily closed to SEC. 4103. CLOSURE OF FEDERAL LAND TO HUNT- the management of travel— ING, FISHING, AND RECREATIONAL hunting, fishing, or recreational shooting (A) with respect to land under the jurisdic- SHOOTING. under this section shall not become perma- tion of the National Park Service, on park (a) AUTHORIZATION.— nently closed to that activity without a sep- roads and designated routes under section (1) IN GENERAL.—Subject to paragraph (2) arate public notice and opportunity to com- 4.10 of title 36, Code of Federal Regulations and in accordance with section 302(b) of the ment in accordance with subsection (b)(2). (or successor regulations); Federal Land Policy and Management Act of (d) REPORTING.—On an annual basis, the (B) with respect to land under the jurisdic- 1976 (43 U.S.C. 1732(b)), the Secretary con- Secretaries concerned shall— tion of the United States Fish and Wildlife cerned may designate any area on Federal (1) publish on a public website a list of all Service, on the land under a comprehensive land in which, and establish any period dur- areas of Federal land temporarily or perma- conservation plan prepared under section ing which, for reasons of public safety, ad- nently subject to a closure under this sec- 4(e) of the National Wildlife Refuge System ministration, or compliance with applicable tion; and Administration Act of 1966 (16 U.S.C. laws, no hunting, fishing, or recreational (2) submit to the Committee on Energy and 668dd(e)); shooting shall be permitted. Natural Resources and the Committee on (C) with respect to land under the jurisdic- (2) REQUIREMENT.—In making a designation Agriculture, Nutrition, and Forestry of the tion of the Forest Service, on National For- under paragraph (1), the Secretary concerned Senate and the Committee on Natural Re- est System land under part 212 of title 36, shall designate the smallest area for the sources and the Committee on Agriculture of Code of Federal Regulations (or successor least amount of time that is required for the House of Representatives a report that regulations); and public safety, administration, or compliance identifies— (D) with respect to land under the jurisdic- with applicable laws. (A) a list of each area of Federal land tem- tion of the Bureau of Land Management, (b) CLOSURE PROCEDURES.— porarily or permanently subject to a closure; under a resource management plan devel- (1) IN GENERAL.—Except in an emergency, (B) the acreage of each closure; and oped under the Federal Land Policy and before permanently or temporarily closing (C) a survey of— Management Act of 1976 (43 U.S.C. 1701 et any Federal land to hunting, fishing, or rec- (i) the aggregate areas and acreage closed seq.). reational shooting, the Secretary concerned under this section in each State; and (b) PRIORITY LISTS REQUIRED.— shall— (ii) the percentage of Federal land in each (1) IN GENERAL.—Not later than 1 year after (A) consult with State fish and wildlife State closed under this section with respect the date of enactment of this Act, and bien- agencies; and to hunting, fishing, and recreational shoot- nially thereafter during the 10-year period (B) provide public notice and opportunity ing. beginning on the date on which the first pri- for comment under paragraph (2). (e) APPLICATION.—This section shall not ority list is completed, the Secretary shall (2) PUBLIC NOTICE AND COMMENT.— apply if the closure is— prepare a priority list, to be made publicly (A) IN GENERAL.—Public notice and com- (1) less than 14 days in duration; and available on the website of the applicable ment shall include— (2) covered by a special use permit. Federal agency referred to in subsection (i) a notice of intent— SEC. 4104. SHOOTING RANGES. (a)(1), which shall identify the location and (I) published in advance of the public com- (a) IN GENERAL.—Except as provided in acreage of land within the jurisdiction of ment period for the closure— subsection (b), the Secretary concerned may, each State or regional office on which the (aa) in the Federal Register; in accordance with this section and other ap- public is allowed, under Federal or State

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2191 law, to hunt, fish, or use the land for other (2) on foot or horseback. ference of the United States in a timely recreational purposes but— (g) EFFECT.— manner all information requested by the (A) to which there is no public access or (1) IN GENERAL.—This section shall have no Chairman to comply with the requirements egress; or effect on whether a particular recreational of subsections (e), (f), and (g).’’. (B) to which public access or egress to the use shall be allowed on the land included in (2) COURT CASES.—Section 2412(d) of title legal boundaries of the land is significantly a priority list under this section. 28, United States Code, is amended by adding restricted (as determined by the Secretary). (2) EFFECT OF ALLOWABLE USES ON AGENCY at the end the following: (2) MINIMUM SIZE.—Any land identified CONSIDERATION.—In preparing the priority ‘‘(5)(A) Not later than March 31 of the first under paragraph (1) shall consist of contig- list under subsection (b), the Secretary shall fiscal year beginning after the date of enact- uous acreage of at least 640 acres. only consider recreational uses that are al- ment of the Natural Resources Management (3) CONSIDERATIONS.—In preparing the pri- lowed on the land at the time that the pri- Act, and every fiscal year thereafter, the ority list required under paragraph (1), the ority list is prepared. Chairman of the Administrative Conference Secretary shall consider, with respect to the Subtitle C—Open Book on Equal Access to of the United States shall submit to Con- land— Justice gress and make publicly available online a (A) whether access is absent or merely re- report on the amount of fees and other ex- stricted, including the extent of the restric- SEC. 4201. FEDERAL ACTION TRANSPARENCY. penses awarded during the preceding fiscal tion; (a) MODIFICATION OF EQUAL ACCESS TO JUS- year pursuant to this subsection. (B) the likelihood of resolving the absence TICE PROVISIONS.— ‘‘(B) Each report under subparagraph (A) of or restriction to public access; (1) AGENCY PROCEEDINGS.—Section 504 of shall describe the number, nature, and (C) the potential for recreational use; title 5, United States Code, is amended— amount of the awards, the claims involved in (D) any information received from the pub- (A) in subsection (c)(1), by striking ‘‘, the controversy, and any other relevant in- lic or other stakeholders during the nomina- United States Code’’; formation that may aid Congress in evalu- tion process described in paragraph (5); and (B) by redesignating subsection (f) as sub- ating the scope and impact of such awards. (E) any other factor, as determined by the section (i); and ‘‘(C)(i) Each report under subparagraph (A) Secretary. (C) by striking subsection (e) and inserting shall account for all payments of fees and (4) ADJACENT LAND STATUS.—For each par- the following: other expenses awarded under this sub- cel of land on the priority list, the Secretary ‘‘(e)(1) Not later than March 31 of the first section that are made pursuant to a settle- shall include in the priority list whether re- fiscal year beginning after the date of enact- ment agreement, regardless of whether the solving the issue of public access or egress to ment of the Natural Resources Management settlement agreement is sealed or otherwise the land would require acquisition of an Act, and every fiscal year thereafter, the subject to a nondisclosure provision. easement, right-of-way, or fee title from— Chairman of the Administrative Conference ‘‘(ii) The disclosure of fees and other ex- (A) another Federal agency; of the United States, after consultation with penses required under clause (i) shall not af- (B) a State, local, or Tribal government; or the Chief Counsel for Advocacy of the Small fect any other information that is subject to (C) a private landowner. Business Administration, shall submit to a nondisclosure provision in a settlement (5) NOMINATION PROCESS.—In preparing a Congress and make publicly available online agreement. priority list under this section, the Sec- a report on the amount of fees and other ex- ‘‘(D) The Chairman of the Administrative retary shall provide an opportunity for mem- penses awarded during the preceding fiscal Conference of the United States shall include bers of the public to nominate parcels for in- year under this section. and clearly identify in each annual report clusion on the priority list. ‘‘(2) Each report under paragraph (1) shall under subparagraph (A), for each case in (c) ACCESS OPTIONS.—With respect to land describe the number, nature, and amount of which an award of fees and other expenses is included on a priority list described in sub- the awards, the claims involved in the con- included in the report— section (b), the Secretary shall develop and troversy, and any other relevant information ‘‘(i) any amounts paid under section 1304 of submit to the Committees on Appropriations that may aid Congress in evaluating the title 31 for a judgment in the case; and Energy and Natural Resources of the scope and impact of such awards. ‘‘(ii) the amount of the award of fees and Senate and the Committees on Appropria- ‘‘(3)(A) Each report under paragraph (1) other expenses; and tions and Natural Resources of the House of shall account for all payments of fees and ‘‘(iii) the statute under which the plaintiff Representatives a report on options for pro- other expenses awarded under this section filed suit. viding access that— that are made pursuant to a settlement ‘‘(6) As soon as practicable, and in any (1) identifies how public access and egress agreement, regardless of whether the settle- event not later than the date on which the could reasonably be provided to the legal ment agreement is sealed or otherwise sub- first report under paragraph (5)(A) is re- boundaries of the land in a manner that ject to a nondisclosure provision. quired to be submitted, the Chairman of the minimizes the impact on wildlife habitat and ‘‘(B) The disclosure of fees and other ex- Administrative Conference of the United water quality; penses required under subparagraph (A) shall States shall create and maintain online a (2) specifies the steps recommended to se- not affect any other information that is sub- searchable database containing, with respect cure the access and egress, including acquir- ject to a nondisclosure provision in a settle- to each award of fees and other expenses ing an easement, right-of-way, or fee title ment agreement. under this subsection made on or after the from a willing owner of any land that abuts ‘‘(f) As soon as practicable, and in any date of enactment of the Natural Resources the land or the need to coordinate with State event not later than the date on which the Management Act, the following information: land management agencies or other Federal, first report under subsection (e)(1) is re- ‘‘(A) The case name and number, State, or Tribal governments to allow for quired to be submitted, the Chairman of the hyperlinked to the case, if available. such access and egress; and Administrative Conference of the United ‘‘(B) The name of the agency involved in (3) is consistent with the travel manage- States shall create and maintain online a the case. ment plan in effect on the land. searchable database containing, with respect ‘‘(C) The name of each party to whom the (d) PROTECTION OF PERSONALLY IDENTI- to each award of fees and other expenses award was made as such party is identified FYING INFORMATION.—In making the priority under this section made on or after the date in the order or other court document making list and report prepared under subsections of enactment of the Natural Resources Man- the award. (b) and (c) available, the Secretary shall en- agement Act, the following information: ‘‘(D) A description of the claims in the sure that no personally identifying informa- ‘‘(1) The case name and number of the ad- tion is included, such as names or addresses case. versary adjudication, if available, of individuals or entities. ‘‘(E) The amount of the award. hyperlinked to the case, if available. (e) WILLING OWNERS.—For purposes of pro- ‘‘(F) The basis for the finding that the po- viding any permits to, or entering into ‘‘(2) The name of the agency involved in sition of the agency concerned was not sub- agreements with, a State, local, or Tribal the adversary adjudication. stantially justified. government or private landowner with re- ‘‘(3) A description of the claims in the ad- ‘‘(7) The online searchable database de- spect to the use of land under the jurisdic- versary adjudication. scribed in paragraph (6) may not reveal any tion of the government or landowner, the ‘‘(4) The name of each party to whom the information the disclosure of which is pro- Secretary shall not take into account wheth- award was made as such party is identified hibited by law or a court order. er the State, local, or Tribal government or in the order or other court document making ‘‘(8) The head of each agency (including the private landowner has granted or denied pub- the award. Attorney General of the United States) shall lic access or egress to the land. ‘‘(5) The amount of the award. provide to the Chairman of the Administra- (f) MEANS OF PUBLIC ACCESS AND EGRESS ‘‘(6) The basis for the finding that the posi- tive Conference of the United States in a INCLUDED.—In considering public access and tion of the agency concerned was not sub- timely manner all information requested by egress under subsections (b) and (c), the Sec- stantially justified. the Chairman to comply with the require- retary shall consider public access and egress ‘‘(g) The online searchable database de- ments of paragraphs (5), (6), and (7).’’. to the legal boundaries of the land described scribed in subsection (f) may not reveal any (3) TECHNICAL AND CONFORMING AMEND- in those subsections, including access and information the disclosure of which is pro- MENTS.—Section 2412 of title 28, United egress— hibited by law or a court order. States Code, is amended— (1) by motorized or non-motorized vehicles; ‘‘(h) The head of each agency shall provide (A) in subsection (d)(3), by striking and to the Chairman of the Administrative Con- ‘‘United States Code,’’; and

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Such cano observatories in the United States, (i) by striking ‘‘of section 2412 of title 28, days shall be treated as separate from, and which includes the Alaska Volcano Observ- United States Code,’’ and inserting ‘‘of this in addition to, the annual Federal frame- atory, California Volcano Observatory, Cas- section’’; and work hunting season lengths. cades Volcano Observatory, Hawaiian Vol- (ii) by striking ‘‘of such title’’ and insert- ‘‘(B) REQUIREMENTS.—In selecting days cano Observatory, and Yellowstone Volcano ing ‘‘of this title’’. under subparagraph (A), a State shall ensure Observatory; and (b) JUDGMENT FUND TRANSPARENCY.—Sec- that— (ii) to unify the monitoring systems of vol- tion 1304 of title 31, United States Code, is ‘‘(i) the days selected— cano observatories in the United States into amended by adding at the end the following: ‘‘(I) may only include the hunting of duck, a single interoperative system. ‘‘(d) Beginning not later than the date that geese, swan, merganser, coot, moorhen, and (C) OBJECTIVE.—The objective of the Sys- is 60 days after the date of enactment of the gallinule species that are eligible for hunting tem is to monitor all the volcanoes in the Natural Resources Management Act, and un- under the applicable annual Federal frame- United States at a level commensurate with less the disclosure of such information is work; the threat posed by the volcanoes by— otherwise prohibited by law or a court order, ‘‘(II) are not more than 14 days before or (i) upgrading existing networks on mon- the Secretary of the Treasury shall make after the Federal framework hunting season itored volcanoes; available to the public on a website, as soon for ducks, mergansers, and coots; and (ii) installing new networks on as practicable, but not later than 30 days ‘‘(III) are otherwise consistent with the unmonitored volcanoes; and after the date on which a payment under this Federal framework; and (iii) employing geodetic and other compo- section is tendered, the following informa- ‘‘(ii) the total number of days in a hunting nents when applicable. tion with regard to that payment: season for any migratory bird species, in- (2) SYSTEM COMPONENTS.— ‘‘(1) The name of the specific agency or en- cluding any days selected under subpara- (A) IN GENERAL.—The System shall in- tity whose actions gave rise to the claim or graph (A), is not more than 107 days. clude— judgment. ‘‘(C) LIMITATION.—A State may combine (i) a national volcano watch office that is ‘‘(2) The name of the plaintiff or claimant. the 2 days allowed for youths with the 2 days operational 24 hours a day and 7 days a week; ‘‘(3) The name of counsel for the plaintiff allowed for veterans and members of the (ii) a national volcano data center; and or claimant. Armed Forces on active duty under subpara- (iii) an external grants program to support ‘‘(4) The amount paid representing prin- graph (A), but in no circumstance may a research in volcano monitoring science and cipal liability, and any amounts paid rep- State have more than a total of 4 additional technology. resenting any ancillary liability, including days added to its regular hunting season for (B) MODERNIZATION ACTIVITIES.—Mod- attorney fees, costs, and interest. any purpose. ernization activities under the System shall ‘‘(5) A brief description of the facts that ‘‘(3) REGULATIONS.—The Secretary shall include the comprehensive application of gave rise to the claim. promulgate regulations in accordance with emerging technologies, including digital ‘‘(6) The name of the agency that sub- this subsection for the Federal framework broadband seismometers, real-time contin- mitted the claim.’’. for migratory bird hunting for the 2019–2020 uous Global Positioning System receivers, satellite and airborne radar interferometry, Subtitle D—Migratory Bird Framework and hunting season and each hunting season thereafter.’’. acoustic pressure sensors, and spectrometry Hunting Opportunities for Veterans to measure gas emissions. SEC. 4301. FEDERAL CLOSING DATE FOR HUNT- Subtitle E—Miscellaneous (3) MANAGEMENT.— ING OF DUCKS, MERGANSERS, AND SEC. 4401. RESPECT FOR TREATIES AND RIGHTS. (A) MANAGEMENT PLAN.— COOTS. Nothing in this title or the amendments (i) IN GENERAL.—Not later than 180 days Section 3 of the Migratory Bird Treaty Act made by this title— after the date of enactment of this Act, the (16 U.S.C. 704) is amended by adding at the (1) affects or modifies any treaty or other Secretary shall submit to Congress a 5-year end the following: right of any federally recognized Indian management plan for establishing and oper- ‘‘(c) FEDERAL FRAMEWORK CLOSING DATE Tribe; or ating the System. FOR HUNTING OF DUCKS, MERGANSERS, AND (2) modifies any provision of Federal law (ii) INCLUSIONS.—The management plan COOTS.— relating to migratory birds or to endangered submitted under clause (i) shall include— ‘‘(1) REGULATIONS RELATING TO FRAMEWORK or threatened species. (I) annual cost estimates for modernization CLOSING DATE.— SEC. 4402. NO PRIORITY. activities and operation of the System; ‘‘(A) IN GENERAL.—In promulgating regula- Nothing in this title or the amendments (II) annual milestones, standards, and per- tions under subsection (a) relating to the made by this title provides a preference to formance goals; and Federal framework for the closing date up to hunting, fishing, or recreational shooting (III) recommendations for, and progress to- which the States may select seasons for mi- over any other use of Federal land or water. wards, establishing new, or enhancing exist- gratory bird hunting, except as provided in SEC. 4403. STATE AUTHORITY FOR FISH AND ing, partnerships to leverage resources. paragraph (2), the Secretary shall, with re- WILDLIFE. (B) ADVISORY COMMITTEE.—The Secretary spect to the hunting season for ducks, mer- Nothing in this title— shall establish an advisory committee to as- gansers, and coots— (1) authorizes the Secretary of Agriculture sist the Secretary in implementing the Sys- ‘‘(i) subject to subparagraph (B), adopt the or the Secretary to require Federal licenses tem, to be comprised of representatives of recommendation of each respective flyway or permits to hunt and fish on Federal land; relevant agencies and members of the sci- council (as defined in section 20.152 of title or entific community, to be appointed by the 50, Code of Federal Regulations) for the Fed- (2) enlarges or diminishes the responsi- Secretary. eral framework if the Secretary determines bility or authority of States with respect to (C) PARTNERSHIPS.—The Secretary may that the recommendation is consistent with fish and wildlife management. enter into cooperative agreements with in- science-based and sustainable harvest man- TITLE V—HAZARDS AND MAPPING stitutions of higher education and State agement; and SEC. 5001. NATIONAL VOLCANO EARLY WARNING agencies designating the institutions of ‘‘(ii) allow the States to establish the clos- AND MONITORING SYSTEM. higher education and State agencies as vol- ing date for the hunting season in accord- (a) DEFINITIONS.—In this section: cano observatory partners for the System. ance with the Federal framework. (1) SECRETARY.—The term ‘‘Secretary’’ (D) COORDINATION.—The Secretary shall co- ‘‘(B) REQUIREMENT.—The framework clos- means the Secretary, acting through the Di- ordinate the activities under this section ing date promulgated by the Secretary under rector of the United States Geological Sur- with the heads of relevant Federal agencies, subparagraph (A) shall not be later than Jan- vey. including— uary 31 of each year. (2) SYSTEM.—The term ‘‘System’’ means (i) the Secretary of Transportation; ‘‘(2) SPECIAL HUNTING DAYS FOR YOUTHS, the National Volcano Early Warning and (ii) the Administrator of the Federal Avia- VETERANS, AND ACTIVE MILITARY PER- Monitoring System established under sub- tion Administration; SONNEL.— section (b)(1)(A). (iii) the Administrator of the National Oce- ‘‘(A) IN GENERAL.—Notwithstanding the (b) NATIONAL VOLCANO EARLY WARNING AND anic and Atmospheric Administration; and Federal framework closing date under para- MONITORING SYSTEM.— (iv) the Administrator of the Federal graph (1) and subject to subparagraphs (B) (1) ESTABLISHMENT.— Emergency Management Agency. and (C), the Secretary shall allow States to (A) IN GENERAL.—The Secretary shall es- (4) ANNUAL REPORT.—Annually, the Sec- select 2 days for youths and 2 days for vet- tablish within the United States Geological retary shall submit to Congress a report that erans (as defined in section 101 of title 38, Survey a system, to be known as the ‘‘Na- describes the activities carried out under United States Code) and members of the tional Volcano Early Warning and Moni- this section. Armed Forces on active duty, including toring System’’, to monitor, warn, and pro- (c) FUNDING.— members of the National Guard and Reserves tect citizens of the United States from undue (1) AUTHORIZATION OF APPROPRIATIONS.— on active duty (other than for training), to and avoidable harm from volcanic activity. There is authorized to be appropriated to hunt eligible ducks, geese, swans, mergan- (B) PURPOSES.—The purposes of the System carry out this section $55,000,000 for the pe- sers, coots, moorhens, and gallinules, if the are— riod of fiscal years 2019 through 2023. Secretary determines that the addition of (i) to organize, modernize, standardize, and (2) EFFECT ON OTHER SOURCES OF FEDERAL those days is consistent with science-based stabilize the monitoring systems of the vol- FUNDING.—Amounts made available under

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this subsection shall supplement, and not (2) MARITIME WASHINGTON NATIONAL HERIT- (B) LOCAL COORDINATING ENTITY.—The supplant, Federal funds made available for AGE AREA, WASHINGTON.— Delta Protection Commission established by other United States Geological Survey haz- (A) IN GENERAL.—There is established the section 29735 of the California Public Re- ards activities and programs. Maritime Washington National Heritage sources Code shall be the local coordinating SEC. 5002. REAUTHORIZATION OF NATIONAL Area in the State of Washington, to include entity for the National Heritage Area des- GEOLOGIC MAPPING ACT OF 1992. land in Whatcom, Skagit, Snohomish, San ignated by subparagraph (A). (a) REAUTHORIZATION.— Juan, Island, King, Pierce, Thurston, Mason, (C) EFFECT.—This paragraph shall not be (1) IN GENERAL.—Section 9(a) of the Na- Kitsap, Jefferson, Clallam, and Grays Harbor interpreted or implemented in a manner that tional Geologic Mapping Act of 1992 (43 Counties in the State that is at least par- directly or indirectly has a negative effect U.S.C. 31h(a)) is amended by striking ‘‘2018’’ tially located within the area that is 1⁄4-mile on the operations of the Central Valley and inserting ‘‘2023’’. landward of the shoreline, as generally de- Project, the State Water Project, or any (2) CONFORMING AMENDMENT.—Section picted on the map entitled ‘‘Maritime Wash- water supply facilities within the Bay-Delta 4(b)(1) of the National Geologic Mapping Act ington National Heritage Area Proposed watershed. of 1992 (43 U.S.C. 31c(b)(1)) is amended by Boundary’’, numbered 584/125,484, and dated (5) SANTA CRUZ VALLEY NATIONAL HERITAGE striking ‘‘Omnibus Public Land Management August, 2014. AREA, ARIZONA.— Act of 2009’’ each place it appears in subpara- (B) LOCAL COORDINATING ENTITY.—The (A) IN GENERAL.—There is established the graphs (A) and (B) and inserting ‘‘Natural Washington Trust for Historic Preservation Santa Cruz Valley National Heritage Area in Resources Management Act’’. shall be the local coordinating entity for the the State of Arizona, to consist of land in (b) GEOLOGIC MAPPING ADVISORY COM- National Heritage Area designated by sub- Pima and Santa Cruz Counties in the State, MITTEE.—Section 5(a)(3) of the National Geo- paragraph (A). as generally depicted on the map entitled logic Mapping Act of 1992 (43 U.S.C. 31d(a)(3)) ‘‘Santa Cruz Valley National Heritage is amended by striking ‘‘Associate Director (3) MOUNTAINS TO SOUND GREENWAY NA- Area’’, numbered T09/80,000, and dated No- for Geology’’ and inserting ‘‘Associate Direc- TIONAL HERITAGE AREA, WASHINGTON.— vember 13, 2007. tor for Core Science Systems’’. (A) IN GENERAL.—There is established the (B) LOCAL COORDINATING ENTITY.—Santa (c) CLERICAL AMENDMENTS.—Section 3 of Mountains to Sound Greenway National Her- the National Geologic Mapping Act of 1992 itage Area in the State of Washington, to Cruz Valley Heritage Alliance, Inc., a non- (43 U.S.C. 31b) is amended— consist of land in King and Kittitas Counties profit organization established under the (1) in paragraph (4), by striking ‘‘section in the State, as generally depicted on the laws of the State of Arizona, shall be the 6(d)(3)’’ and inserting ‘‘section 4(d)(3)’’; map entitled ‘‘Mountains to Sound Green- local coordinating entity for the National (2) in paragraph (5), by striking ‘‘section way National Heritage Area Proposed Heritage Area designated by subparagraph 6(d)(1)’’ and inserting ‘‘section 4(d)(1)’’; and Boundary’’, numbered 584/125,483, and dated (A). (3) in paragraph (9), by striking ‘‘section August, 2014 (referred to in this paragraph as (6) SUSQUEHANNA NATIONAL HERITAGE AREA, 6(d)(2)’’ and inserting ‘‘section 4(d)(2)’’. the ‘‘map’’). PENNSYLVANIA.— (A) IN GENERAL.—There is established the TITLE VI—NATIONAL HERITAGE AREAS (B) LOCAL COORDINATING ENTITY.—The Mountains to Sound Greenway Trust shall be Susquehanna National Heritage Area in the SEC. 6001. NATIONAL HERITAGE AREA DESIGNA- State of Pennsylvania, to consist of land in TIONS. the local coordinating entity for the Na- Lancaster and York Counties in the State. (a) IN GENERAL.—The following areas are tional Heritage Area designated by subpara- (B) LOCAL COORDINATING ENTITY.—The Sus- designated as National Heritage Areas, to be graph (A). administered in accordance with this sec- (C) MAP.—The map shall be on file and quehanna Heritage Corporation, a nonprofit tion: available for public inspection in the appro- organization established under the laws of the State of Pennsylvania, shall be the local (1) APPALACHIAN FOREST NATIONAL HERIT- priate offices of— coordinating entity for the National Herit- AGE AREA, WEST VIRGINIA AND MARYLAND.— (i) the National Park Service; (A) IN GENERAL.—There is established the (ii) the Forest Service; age Area designated by subparagraph (A). Appalachian Forest National Heritage Area (iii) the Indian Tribes; and (b) ADMINISTRATION.— in the States of West Virginia and Maryland, (iv) the local coordinating entity. (1) AUTHORITIES.—For purposes of carrying as depicted on the map entitled ‘‘Appa- (D) REFERENCES TO INDIAN TRIBE; TRIBAL.— out the management plan for each of the Na- lachian Forest National Heritage Area’’, Any reference in this paragraph to the terms tional Heritage Areas designated by sub- numbered T07/80,000, and dated October 2007, ‘‘Indian Tribe’’ and ‘‘Tribal’’ shall be consid- section (a), the Secretary, acting through including— ered, for purposes of the National Heritage the local coordinating entity, may use (i) Barbour, Braxton, Grant, Greenbrier, Area designated by subparagraph (A), to amounts made available under subsection Hampshire, Hardy, Mineral, Morgan, Nich- refer to each of the Tribal governments of (g)— olas, Pendleton, Pocahontas, Preston, Ran- the Snoqualmie, Yakama, Tulalip, (A) to make grants to the State or a polit- dolph, Tucker, Upshur, and Webster Counties Muckleshoot, and Colville Indian Tribes. ical subdivision of the State, Indian Tribes, in West Virginia; and (E) MANAGEMENT REQUIREMENTS.—With re- nonprofit organizations, and other persons; (ii) Allegany and Garrett Counties in spect to the National Heritage Area des- (B) to enter into cooperative agreements Maryland. ignated by subparagraph (A)— with, or provide technical assistance to, the (B) LOCAL COORDINATING ENTITY.—The Ap- (i) the preparation of an interpretive plan State or a political subdivision of the State, palachian Forest Heritage Area, Inc., shall under subsection (c)(2)(C)(vii) shall also in- Indian Tribes, nonprofit organizations, and be— clude plans for Tribal heritage; other interested parties; (i) the local coordinating entity for the Na- (ii) the Secretary shall ensure that the (C) to hire and compensate staff, which tional Heritage Area designated by subpara- management plan developed under sub- shall include individuals with expertise in graph (A) (referred to in this subparagraph section (c) is consistent with the trust re- natural, cultural, and historical resources as the ‘‘local coordinating entity’’); and sponsibilities of the Secretary to Indian protection, and heritage programming; (ii) governed by a board of directors that Tribes and Tribal treaty rights within the (D) to obtain money or services from any shall— National Heritage Area; source including any money or services that (I) include members to represent a geo- (iii) the interpretive plan and management are provided under any other Federal law or graphic balance across the counties de- plan for the National Heritage Area shall be program; scribed in subparagraph (A) and the States of developed in consultation with the Indian (E) to contract for goods or services; and West Virginia and Maryland; Tribes; (F) to undertake to be a catalyst for any (II) be composed of not fewer than 7, and (iv) nothing in this paragraph shall grant other activity that furthers the National not more than 15, members elected by the or diminish any hunting, fishing, or gath- Heritage Area and is consistent with the ap- membership of the local coordinating entity; ering treaty right of any Indian Tribe; and proved management plan. (III) be selected to represent a balanced (v) nothing in this paragraph affects the (2) DUTIES.—The local coordinating entity group of diverse interests, including— authority of a State or an Indian Tribe to for each of the National Heritage Areas des- (aa) the forest industry; manage fish and wildlife, including the regu- ignated by subsection (a) shall— (bb) environmental interests; lation of hunting and fishing within the Na- (A) in accordance with subsection (c), pre- (cc) cultural heritage interests; tional Heritage Area. pare and submit a management plan for the (dd) tourism interests; and (4) SACRAMENTO-SAN JOAQUIN DELTA NA- National Heritage Area to the Secretary; (ee) regional agency partners; TIONAL HERITAGE AREA, CALIFORNIA.— (B) assist Federal agencies, the State or a (IV) exercise all corporate powers of the (A) IN GENERAL.—There is established the political subdivision of the State, Indian local coordinating entity; Sacramento-San Joaquin Delta National Tribes, regional planning organizations, non- (V) manage the activities and affairs of the Heritage Area in the State of California, to profit organizations and other interested local coordinating entity; and consist of land in Contra Costa, Sacramento, parties in carrying out the approved manage- (VI) subject to any limitations in the arti- San Joaquin, Solano, and Yolo Counties in ment plan by— cles and bylaws of the local coordinating en- the State, as generally depicted on the map (i) carrying out programs and projects that tity, this section, and other applicable Fed- entitled ‘‘Sacramento-San Joaquin Delta Na- recognize, protect, and enhance important eral or State law, establish the policies of tional Heritage Area Proposed Boundary’’, resource values in the National Heritage the local coordinating entity. numbered T27/105,030, and dated October 2012. Area;

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(ii) establishing and maintaining interpre- (iii) a description of actions that the Fed- (i) IN GENERAL.—The Secretary shall ap- tive exhibits and programs in the National eral Government, State, Tribal, and local prove or disapprove each amendment to the Heritage Area; governments, private organizations, and in- management plan that the Secretary deter- (iii) developing recreational and edu- dividuals have agreed to take to protect the mines make a substantial change to the cational opportunities in the National Herit- natural, historical, cultural, scenic, and rec- management plan. age Area; reational resources of the National Heritage (ii) USE OF FUNDS.—The local coordinating (iv) increasing public awareness of, and ap- Area; entity shall not use Federal funds authorized preciation for, natural, historical, scenic, (iv) a program of implementation for the by this subsection to carry out any amend- and cultural resources of the National Herit- management plan by the local coordinating ments to the management plan until the age Area; entity that includes a description of— Secretary has approved the amendments. (v) protecting and restoring historic sites (I) actions to facilitate ongoing collabora- (d) RELATIONSHIP TO OTHER FEDERAL AGEN- and buildings in the National Heritage Area tion among partners to promote plans for re- CIES.— that are consistent with National Heritage source protection, restoration, and construc- (1) IN GENERAL.—Nothing in this section af- Area themes; tion; and fects the authority of a Federal agency to (vi) ensuring that clear, consistent, and ap- (II) specific commitments for implementa- provide technical or financial assistance propriate signs identifying points of public tion that have been made by the local co- under any other law. access and sites of interest are posted ordinating entity or any government, orga- (2) CONSULTATION AND COORDINATION.—The throughout the National Heritage Area; and nization, or individual for the first 5 years of head of any Federal agency planning to con- (vii) promoting a wide range of partner- operation; duct activities that may have an impact on ships among the Federal Government, State, (v) the identification of sources of funding a National Heritage Area designated by sub- Tribal, and local governments, organiza- for carrying out the management plan; section (a) is encouraged to consult and co- tions, and individuals to further the Na- (vi) analysis and recommendations for ordinate the activities with the Secretary tional Heritage Area; means by which Federal, State, local, and and the local coordinating entity to the (C) consider the interests of diverse units Tribal programs, including the role of the maximum extent practicable. of government, businesses, organizations, National Park Service in the National Herit- (3) OTHER FEDERAL AGENCIES.—Nothing in and individuals in the National Heritage age Area, may best be coordinated to carry this section— Area in the preparation and implementation out this subsection; and (A) modifies, alters, or amends any law or of the management plan; (vii) an interpretive plan for the National regulation authorizing a Federal agency to (D) conduct meetings open to the public at Heritage Area; and manage Federal land under the jurisdiction least semiannually regarding the develop- (D) recommend policies and strategies for of the Federal agency; ment and implementation of the manage- resource management that consider and de- (B) limits the discretion of a Federal land ment plan; tail the application of appropriate land and manager to implement an approved land use (E) for any year that Federal funds have water management techniques, including the plan within the boundaries of a National been received under this subsection— development of intergovernmental and inter- Heritage Area designated by subsection (a); (i) submit to the Secretary an annual re- agency cooperative agreements to protect or port that describes the activities, expenses, the natural, historical, cultural, educational, (C) modifies, alters, or amends any author- and income of the local coordinating entity scenic, and recreational resources of the Na- ized use of Federal land under the jurisdic- (including grants to any other entities dur- tional Heritage Area. tion of a Federal agency. ing the year that the report is made); (3) DEADLINE.—If a proposed management (e) PRIVATE PROPERTY AND REGULATORY (ii) make available to the Secretary for plan is not submitted to the Secretary by PROTECTIONS.—Nothing in this section— audit all records relating to the expenditure the date that is 3 years after the date of en- (1) abridges the rights of any property of the funds and any matching funds; and actment of this Act, the local coordinating owner (whether public or private), including (iii) require, with respect to all agreements entity shall be ineligible to receive addi- the right to refrain from participating in any authorizing expenditure of Federal funds by tional funding under this section until the plan, project, program, or activity conducted other organizations, that the organizations date on which the Secretary receives and ap- within a National Heritage Area designated receiving the funds make available to the proves the management plan. by subsection (a); Secretary for audit all records concerning (4) APPROVAL OR DISAPPROVAL OF MANAGE- (2) requires any property owner— the expenditure of the funds; and MENT PLAN.— (A) to permit public access (including ac- (F) encourage by appropriate means eco- (A) IN GENERAL.—Not later than 180 days cess by Federal, State, or local agencies) to nomic viability that is consistent with the after the date of receipt of the management the property of the property owner; or National Heritage Area. plan under paragraph (1), the Secretary, in (B) to modify public access or use of prop- (3) PROHIBITION ON THE ACQUISITION OF REAL consultation with State and Tribal govern- erty of the property owner under any other PROPERTY.—The local coordinating entity ments, shall approve or disapprove the man- Federal, State, or local law; shall not use Federal funds made available agement plan. (3) alters any duly adopted land use regula- under subsection (g) to acquire real property (B) CRITERIA FOR APPROVAL.—In deter- tion, approved land use plan, or other regu- or any interest in real property. mining whether to approve the management latory authority of any Federal, State, Trib- (c) MANAGEMENT PLAN.— plan, the Secretary shall consider whether— al, or local agency; (1) IN GENERAL.—Not later than 3 years (i) the local coordinating entity is rep- (4) conveys any land use or other regu- after the date of enactment of this Act, the resentative of the diverse interests of the latory authority to the local coordinating local coordinating entity for each of the Na- National Heritage Area, including Federal, entity; tional Heritage Areas designated by sub- State, Tribal, and local governments, nat- (5) authorizes or implies the reservation or section (a) shall submit to the Secretary for ural and historic resource protection organi- appropriation of water or water rights; approval a proposed management plan for zations, educational institutions, businesses, (6) enlarges or diminishes the treaty rights the National Heritage Area. and recreational organizations; of any Indian Tribe within the National Her- (2) REQUIREMENTS.—The management plan (ii) the local coordinating entity has af- itage Area; shall— forded adequate opportunity, including pub- (7) diminishes— (A) incorporate an integrated and coopera- lic hearings, for public and governmental in- (A) the authority of the State to manage tive approach for the protection, enhance- volvement in the preparation of the manage- fish and wildlife, including the regulation of ment, and interpretation of the natural, cul- ment plan; and fishing and hunting within a National Herit- tural, historic, scenic, and recreational re- (iii) the resource protection and interpre- age Area designated by subsection (a); or sources of the National Heritage Area; tation strategies contained in the manage- (B) the authority of Indian Tribes to regu- (B) take into consideration Federal, State, ment plan, if implemented, would adequately late members of Indian Tribes with respect local, and Tribal plans and treaty rights; protect the natural, historical, and cultural to fishing, hunting, and gathering in the ex- (C) include— resources of the National Heritage Area. ercise of treaty rights; or (i) an inventory of— (C) ACTION FOLLOWING DISAPPROVAL.—If the (8) creates any liability, or affects any li- (I) the resources located in the National Secretary disapproves the management plan ability under any other law, of any private Heritage Area; and under subparagraph (A), the Secretary property owner with respect to any person (II) any other property in the National shall— injured on the private property. Heritage Area that— (i) advise the local coordinating entity in (f) EVALUATION AND REPORT.— (aa) is related to the themes of the Na- writing of the reasons for the disapproval; (1) IN GENERAL.—For each of the National tional Heritage Area; and (ii) make recommendations for revisions to Heritage Areas designated by subsection (a), (bb) should be preserved, restored, man- the management plan; and not later than 3 years before the date on aged, or maintained because of the signifi- (iii) not later than 180 days after the re- which authority for Federal funding termi- cance of the property; ceipt of any proposed revision of the manage- nates for each National Heritage Area, the (ii) comprehensive policies, strategies and ment plan from the local coordinating enti- Secretary shall— recommendations for conservation, funding, ty, approve or disapprove the proposed revi- (A) conduct an evaluation of the accom- management, and development of the Na- sion. plishments of the National Heritage Area; tional Heritage Area; (D) AMENDMENTS.— and

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(B) prepare a report in accordance with (i) have heritage aspects that are similar (c) OHIO & ERIE NATIONAL HERITAGE paragraph (3). to the areas described in subparagraph (A); CANALWAY.—Section 810(a) of the Omnibus (2) EVALUATION.—An evaluation conducted and Parks and Public Lands Management Act of under paragraph (1)(A) shall— (ii) are adjacent to, or in the vicinity of, 1996 (Public Law 104–333; 110 Stat. 4275; 122 (A) assess the progress of the local man- those areas. Stat. 826) is amended by striking the second agement entity with respect to— (b) STUDY.— sentence and inserting the following: ‘‘Not (i) accomplishing the purposes of the au- (1) IN GENERAL.—The Secretary, in con- more than a total of $20,000,000 may be appro- thorizing legislation for the National Herit- sultation with State and local historic pres- priated for the canalway under this title.’’. age Area; and ervation officers, State and local historical (d) BLUE RIDGE NATIONAL HERITAGE (ii) achieving the goals and objectives of societies, State and local tourism offices, AREA.—The Blue Ridge National Heritage the approved management plan for the Na- and other appropriate organizations and gov- Area Act of 2003 (Public Law 108–108; 117 tional Heritage Area; ernmental agencies, shall conduct a study to Stat. 1274; 131 Stat. 461; 132 Stat. 661) is (B) analyze the investments of the Federal assess the suitability and feasibility of desig- amended— Government, State, Tribal, and local govern- nating the study area as a National Heritage (1) in subsection (i)(1), by striking ments, and private entities in each National Area, to be known as the ‘‘Finger Lakes Na- ‘‘$12,000,000’’ and inserting ‘‘$14,000,000’’; and Heritage Area to determine the impact of tional Heritage Area’’. (2) by striking subsection (j) and inserting the investments; and (2) REQUIREMENTS.—The study shall in- the following: (C) review the management structure, clude analysis, documentation, and deter- ‘‘(j) TERMINATION OF AUTHORITY.—The au- partnership relationships, and funding of the minations on whether the study area— thority of the Secretary to provide assist- National Heritage Area for purposes of iden- (A) has an assemblage of natural, historic, ance under this section terminates on Sep- tifying the critical components for sustain- and cultural resources that— tember 30, 2021.’’. ability of the National Heritage Area. (i) represent distinctive aspects of the her- (e) MOTORCITIES NATIONAL HERITAGE (3) REPORT.—Based on the evaluation con- itage of the United States; AREA.—Section 110(a) of the Automobile Na- ducted under paragraph (1)(A), the Secretary (ii) are worthy of recognition, conserva- tional Heritage Area Act (Public Law 105– shall submit to the Committee on Energy tion, interpretation, and continuing use; and 355; 112 Stat. 3252) is amended, in the second and Natural Resources of the Senate and the (iii) would be best managed— sentence, by striking ‘‘$10,000,000’’ and in- Committee on Natural Resources of the (I) through partnerships among public and serting ‘‘$12,000,000’’. (f) WHEELING NATIONAL HERITAGE AREA.— House of Representatives a report that in- private entities; and Subsection (h)(1) of the Wheeling National cludes recommendations for the future role (II) by linking diverse and sometimes non- Heritage Area Act of 2000 (Public Law 106– of the National Park Service, if any, with re- contiguous resources and active commu- 291; 114 Stat. 967; 128 Stat. 2421; 129 Stat. 2550) spect to the National Heritage Area. nities; is amended by striking ‘‘$13,000,000’’ and in- (g) AUTHORIZATION OF APPROPRIATIONS.— (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the serting ‘‘$15,000,000’’. (1) IN GENERAL.—There is authorized to be (g) TENNESSEE CIVIL WAR HERITAGE story of the United States; appropriated for each National Heritage AREA.—Section 208 of the Omnibus Parks (C) provides outstanding opportunities— Area designated by subsection (a) to carry and Public Lands Management Act of 1996 (i) to conserve natural, historic, cultural, out the purposes of this section $10,000,000, of (Public Law 104–333; 110 Stat. 4248; 127 Stat. or scenic features; and which not more than $1,000,000 may be made 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661) (ii) for recreation and education; available in any fiscal year. is amended by striking ‘‘after’’ and all that (D) contains resources that— (2) AVAILABILITY.—Amounts made avail- follows through the period at the end and in- (i) are important to any identified themes able under paragraph (1) shall remain avail- serting the following: ‘‘after September 30, of the study area; and able until expended. 2021.’’. (ii) retain a degree of integrity capable of (3) COST-SHARING REQUIREMENT.— (h) AUGUSTA CANAL NATIONAL HERITAGE supporting interpretation; (A) IN GENERAL.—The Federal share of the AREA.—Section 310 of the Omnibus Parks (E) includes residents, business interests, total cost of any activity under this section and Public Lands Management Act of 1996 nonprofit organizations, and State and local shall be not more than 50 percent. (Public Law 104–333; 110 Stat. 4252; 127 Stat. governments that— (B) FORM.—The non-Federal contribution 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661) (i) are involved in the planning of the Her- of the total cost of any activity under this is amended by striking ‘‘2019’’ and inserting itage Area; section may be in the form of in-kind con- ‘‘2021’’. tributions of goods or services fairly valued. (ii) have developed a conceptual financial (i) SOUTH CAROLINA NATIONAL HERITAGE (4) TERMINATION OF AUTHORITY.—The au- plan that outlines the roles of all partici- CORRIDOR.—Section 607 of the Omnibus Parks thority of the Secretary to provide assist- pants in the Heritage Area, including the and Public Lands Management Act of 1996 ance under this section terminates on the Federal Government; and (Public Law 104–333; 110 Stat. 4264; 127 Stat. date that is 15 years after the date of enact- (iii) have demonstrated support for the des- 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661) ment of this Act. ignation of the Heritage Area; is amended by striking ‘‘2019’’ and inserting (F) has a potential management entity to ‘‘2021’’. SEC. 6002. ADJUSTMENT OF BOUNDARIES OF LIN- work in partnership with the individuals and COLN NATIONAL HERITAGE AREA. (j) OIL REGION NATIONAL HERITAGE AREA.— entities described in subparagraph (E) to de- The Oil Region National Heritage Area Act (a) BOUNDARY ADJUSTMENT.—Section velop the Heritage Area while encouraging (Public Law 108–447; 118 Stat. 3368) is amend- 443(b)(1) of the Consolidated Natural Re- State and local economic activity; and ed by striking ‘‘Oil Heritage Region, Inc.’’ sources Act of 2008 (Public Law 110–229; 122 (G) has a conceptual boundary map that is each place it appears and inserting ‘‘Oil Re- Stat. 819) is amended— supported by the public. gion Alliance of Business, Industry and (1) by inserting ‘‘, Livingston,’’ after ‘‘La- (c) REPORT.—Not later than 3 years after Tourism’’. Salle’’; and the date on which funds are first made avail- (k) HUDSON RIVER VALLEY NATIONAL HERIT- (2) by inserting ‘‘, the city of Jonesboro in able to carry out this section, the Secretary AGE AREA REDESIGNATION.— Union County, and the city of Freeport in shall submit to the Committee on Natural (1) IN GENERAL.—The Hudson River Valley Stephenson County’’ after ‘‘Woodford coun- Resources of the House of Representatives National Heritage Area Act of 1996 (Public ties’’. and the Committee on Energy and Natural Law 104–333; 110 Stat. 4275) is amended by (b) MAP.—The Secretary shall update the Resources of the Senate a report that de- striking ‘‘Hudson River Valley National Her- map referred to in section 443(b)(2) of the scribes— itage Area’’ each place it appears and insert- Consolidated Natural Resources Act of 2008 (1) the findings of the study under sub- ing ‘‘Maurice D. Hinchey Hudson River Val- to reflect the boundary adjustment made by section (b); and ley National Heritage Area’’. (2) any conclusions and recommendations the amendments in subsection (a). (2) REFERENCE IN LAW.—Any reference in a of the Secretary. SEC. 6003. FINGER LAKES NATIONAL HERITAGE law, map, regulation, document, paper, or AREA STUDY. SEC. 6004. NATIONAL HERITAGE AREA AMEND- other record of the United States to the Her- MENTS. itage Area referred to in paragraph (1) shall (a) DEFINITIONS.—In this section: (a) RIVERS OF STEEL NATIONAL HERITAGE be deemed to be a reference to the ‘‘Maurice (1) HERITAGE AREA.—The term ‘‘Heritage AREA.—Section 409(a) of the Omnibus Parks D. Hinchey Hudson River Valley National Area’’ means the Finger Lakes National Her- and Public Lands Management Act of 1996 itage Area. (Public Law 104–333; 110 Stat. 4256; 129 Stat. Heritage Area’’. (2) STATE.—The term ‘‘State’’ means the 2551) is amended in the second sentence, by TITLE VII—WILDLIFE HABITAT AND State of New York. striking ‘‘$17,000,000’’ and inserting CONSERVATION (3) STUDY AREA.—The term ‘‘study area’’ ‘‘$20,000,000’’. SEC. 7001. WILDLIFE HABITAT AND CONSERVA- means— (b) ESSEX NATIONAL HERITAGE AREA.—Sec- TION. (A) the counties in the State of Cayuga, tion 508(a) of the Omnibus Parks and Public (a) PARTNERS FOR FISH AND WILDLIFE PRO- Chemung, Cortland, Livingston, Monroe, On- Lands Management Act of 1996 (Public Law GRAM REAUTHORIZATION.—Section 5 of the ondaga, Ontario, Schuyler, Seneca, Steuben, 104–333; 110 Stat. 4260; 129 Stat. 2551) is Partners for Fish and Wildlife Act (16 U.S.C. Tioga, Tompkins, Wayne, and Yates; and amended in the second sentence, by striking 3774) is amended by striking ‘‘2006 through (B) any other areas in the State that— ‘‘$17,000,000’’ and inserting ‘‘$20,000,000’’. 2011’’ and inserting ‘‘2019 through 2023’’.

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(b) FISH AND WILDLIFE COORDINATION.— ‘‘(i) the United States Fish and Wildlife section) to expedite the projects and activi- (1) PURPOSE.—The purpose of this sub- Service; ties described in paragraph (2). section is to protect water, oceans, coasts, ‘‘(ii) the Bureau of Indian Affairs; ‘‘(2) DESCRIPTION OF PROJECTS AND ACTIVI- and wildlife from invasive species. ‘‘(iii) the Bureau of Land Management; TIES.—A project or activity referred to in (2) AMENDMENTS TO FISH AND WILDLIFE CO- ‘‘(iv) the Bureau of Reclamation; or paragraph (1) is a project or activity— ORDINATION ACT.— ‘‘(v) the National Park Service; ‘‘(A) to protect water or wildlife from an (A) SHORT TITLE; AUTHORIZATION.—The first ‘‘(C) the Secretary of Agriculture, with re- invasive species that, as determined by the section of the Fish and Wildlife Coordination spect to Federal land administered by the Secretary concerned is, or will be, carried Act (16 U.S.C. 661) is amended by striking Secretary of Agriculture through the Forest out on land or water that is— ‘‘For the purpose’’ and inserting the fol- Service; and ‘‘(i) directly managed by the Secretary lowing: ‘‘(D) the head or a representative of any concerned; and ‘‘SECTION 1. SHORT TITLE; AUTHORIZATION. other Federal agency the duties of whom re- ‘‘(ii) located in an area that is— ‘‘(a) SHORT TITLE.—This Act may be cited quire planning relating to, and the treat- ‘‘(I) at high risk for the introduction, es- as the ‘Fish and Wildlife Coordination Act’. ment of, invasive species for the purpose of tablishment, or spread of invasive species; ‘‘(b) AUTHORIZATION.—For the purpose’’. protecting water and wildlife on land and and (B) PROTECTION OF WATER, OCEANS, COASTS, coasts and in oceans and water. ‘‘(II) determined by the Secretary con- AND WILDLIFE FROM INVASIVE SPECIES.—The ‘‘(8) SPECIES.—The term ‘species’ means a cerned to require immediate action to ad- Fish and Wildlife Coordination Act (16 U.S.C. group of organisms, all of which— dress the risk identified in subclause (I); and 661 et seq.) is amended by adding at the end ‘‘(A) have a high degree of genetic simi- ‘‘(B) carried out in accordance with appli- the following: larity; cable agency procedures, including any ap- ‘‘(B) are morphologically distinct; plicable— ‘‘SEC. 10. PROTECTION OF WATER, OCEANS, COASTS, AND WILDLIFE FROM ‘‘(C) generally— ‘‘(i) land or resource management plan; or INVASIVE SPECIES. ‘‘(i) interbreed at maturity only among ‘‘(ii) land use plan. ‘‘(a) DEFINITIONS.—In this section: themselves; and ‘‘(g) ALLOCATION OF FUNDING.—Of the ‘‘(1) CONTROL.—The term ‘control’, with re- ‘‘(ii) produce fertile offspring; and amount appropriated or otherwise made spect to an invasive species, means the eradi- ‘‘(D) show persistent differences from available to each Secretary concerned for a cation, suppression, or reduction of the popu- members of allied groups of organisms. fiscal year for programs that address or in- lation of the invasive species within the area ‘‘(b) CONTROL AND MANAGEMENT.—Each clude protection of land or water from an in which the invasive species is present. Secretary concerned shall plan and carry out invasive species, the Secretary concerned ‘‘(2) ECOSYSTEM.—The term ‘ecosystem’ activities on land directly managed by the shall use not less than 75 percent for on-the- means the complex of a community of orga- Secretary concerned to protect water and ground control and management of invasive nisms and the environment of the organisms. wildlife by controlling and managing species, which may include— ‘‘(3) ELIGIBLE STATE.—The term ‘eligible invasive species— ‘‘(1) the purchase of necessary products, State’ means any of— ‘‘(1) to inhibit or reduce the populations of equipment, or services to conduct that con- ‘‘(A) a State; invasive species; and trol and management; ‘‘(B) the District of Columbia; ‘‘(2) to effectuate restoration or reclama- ‘‘(2) the use of integrated pest management ‘‘(C) the Commonwealth of Puerto Rico; tion efforts. options, including options that use pesticides ‘‘(D) Guam; ‘‘(c) STRATEGIC PLAN.— authorized for sale, distribution, or use ‘‘(E) American Samoa; ‘‘(1) IN GENERAL.—Each Secretary con- under the Federal Insecticide, Fungicide, ‘‘(F) the Commonwealth of the Northern cerned shall develop a strategic plan for the and Rodenticide Act (7 U.S.C. 136 et seq.); Mariana Islands; and implementation of the invasive species pro- ‘‘(3) the use of biological control agents ‘‘(G) the United States Virgin Islands. gram to achieve, to the maximum extent that are proven to be effective to reduce ‘‘(4) INVASIVE SPECIES.— practicable, a substantive annual net reduc- invasive species populations; ‘‘(A) IN GENERAL.—The term ‘invasive spe- tion of invasive species populations or in- ‘‘(4) the use of revegetation or cultural res- cies’ means an alien species, the introduc- fested acreage on land or water managed by toration methods designed to improve the di- tion of which causes, or is likely to cause, the Secretary concerned. versity and richness of ecosystems; economic or environmental harm or harm to ‘‘(2) COORDINATION.—Each strategic plan ‘‘(5) the use of monitoring and detection human health. under paragraph (1) shall be developed— activities for invasive species, including ‘‘(B) ASSOCIATED DEFINITION.—For purposes ‘‘(A) in coordination with affected— equipment, detection dogs, and mechanical of subparagraph (A), the term ‘alien species’, ‘‘(i) eligible States; and devices; with respect to a particular ecosystem, ‘‘(ii) political subdivisions of eligible ‘‘(6) the use of appropriate methods to re- means any species (including the seeds, eggs, States; move invasive species from a vehicle or ves- spores, or other biological material of the ‘‘(B) in consultation with federally recog- sel capable of conveyance; or species that are capable of propagating the nized Indian tribes; and ‘‘(7) the use of other effective mechanical species) that is not native to the affected ‘‘(C) in accordance with the priorities es- or manual control methods. ecosystem. tablished by 1 or more Governors of the eligi- ‘‘(h) INVESTIGATIONS, OUTREACH, AND PUB- ‘‘(5) MANAGE; MANAGEMENT.—The terms ble States in which an ecosystem affected by LIC AWARENESS.—Of the amount appro- ‘manage’ and ‘management’, with respect to an invasive species is located. priated or otherwise made available to each an invasive species, mean the active imple- ‘‘(3) FACTORS FOR CONSIDERATION.—In de- Secretary concerned for a fiscal year for pro- mentation of any activity— veloping a strategic plan under this sub- grams that address or include protection of ‘‘(A) to reduce or stop the spread of the section, the Secretary concerned shall take land or water from an invasive species, the invasive species; and into consideration the economic and ecologi- Secretary concerned may use not more than ‘‘(B) to inhibit further infestations of the cal costs of action or inaction, as applicable. 15 percent for investigations, development invasive species, the spread of the invasive ‘‘(d) COST-EFFECTIVE METHODS.—In select- activities, and outreach and public aware- species, or harm caused by the invasive spe- ing a method to be used to control or man- ness efforts to address invasive species con- cies, including investigations regarding age an invasive species as part of a specific trol and management needs. methods for early detection and rapid re- control or management project conducted as ‘‘(i) ADMINISTRATIVE COSTS.—Of the sponse, prevention, control, or management part of a strategic plan developed under sub- amount appropriated or otherwise made of the invasive species. section (c), the Secretary concerned shall available to each Secretary concerned for a ‘‘(6) PREVENT.—The term ‘prevent’, with prioritize the use of methods that— fiscal year for programs that address or in- respect to an invasive species, means— ‘‘(1) effectively control and manage clude protection of land or water from an ‘‘(A) to hinder the introduction of the invasive species, as determined by the Sec- invasive species, not more than 10 percent invasive species onto land or water; or retary concerned, based on sound scientific may be used for administrative costs in- ‘‘(B) to impede the spread of the invasive data; curred to carry out those programs, includ- species within land or water by inspecting, ‘‘(2) minimize environmental impacts; and ing costs relating to oversight and manage- intercepting, or confiscating invasive species ‘‘(3) control and manage invasive species in ment of the programs, recordkeeping, and threats prior to the establishment of the the most cost-effective manner. implementation of the strategic plan devel- invasive species onto land or water of an eli- ‘‘(e) COMPARATIVE ECONOMIC ASSESSMENT.— oped under subsection (c). gible State. To achieve compliance with subsection (d), ‘‘(j) REPORTING REQUIREMENTS.—Not later ‘‘(7) SECRETARY CONCERNED.—The term the Secretary concerned shall require a com- than 60 days after the end of the second fis- ‘Secretary concerned’ means— parative economic assessment of invasive cal year beginning after the date of enact- ‘‘(A) the Secretary of the Army, with re- species control and management methods to ment of this section, each Secretary con- spect to Federal land administered by the be conducted. cerned shall submit to Congress a report— Corps of Engineers; ‘‘(f) EXPEDITED ACTION.— ‘‘(1) describing the use by the Secretary ‘‘(B) the Secretary of the Interior, with re- ‘‘(1) IN GENERAL.—The Secretaries con- concerned during the 2 preceding fiscal years spect to Federal land administered by the cerned shall use all tools and flexibilities of funds for programs that address or include Secretary of the Interior through— available (as of the date of enactment of this invasive species management; and

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2197 ‘‘(2) specifying the percentage of funds ex- ness effort that have been determined to be 6303) is amended by adding at the end the fol- pended for each of the purposes specified in efficient to inform national, regional, State, lowing: subsections (g), (h), and (i). Tribal, or local audiences regarding invasive ‘‘(j) MULTIYEAR GRANTS.— ‘‘(k) RELATION TO OTHER AUTHORITY.— species control and management. ‘‘(1) AUTHORIZATION.—The Secretary may ‘‘(1) OTHER INVASIVE SPECIES CONTROL, PRE- ‘‘(n) INVESTIGATIONS.—The purpose of any award to a person who is otherwise eligible VENTION, AND MANAGEMENT AUTHORITIES.— invasive species-related investigation carried for a grant under this section a multiyear Nothing in this section precludes the Sec- out under a contract or cooperative agree- grant to carry out a project that the person retary concerned from pursuing or sup- ment under subsection (l) shall be— demonstrates is an effective, long-term con- porting, pursuant to any other provision of ‘‘(1) to develop solutions and specific rec- servation strategy for great apes and the law, any activity regarding the control, pre- ommendations for control and management habitat of great apes. vention, or management of an invasive spe- of invasive species; and ‘‘(2) EFFECT OF SUBSECTION.—Nothing in cies, including investigations to improve the ‘‘(2) specifically to provide faster imple- this subsection precludes the Secretary from control, prevention, or management of the mentation of control and management meth- awarding a grant on an annual basis.’’. invasive species. ods. (C) ADMINISTRATIVE EXPENSES.—Section ‘‘(2) PUBLIC WATER SUPPLY SYSTEMS.—Noth- ‘‘(o) COORDINATION WITH AFFECTED LOCAL 5(b)(2) of the Great Ape Conservation Act of ing in this section authorizes the Secretary GOVERNMENTS.—Each project and activity 2000 (16 U.S.C. 6304(b)(2)) is amended by strik- concerned to suspend any water delivery or carried out pursuant to this section shall be ing ‘‘$100,000’’ and inserting ‘‘$150,000’’. diversion, or otherwise to prevent the oper- coordinated with affected local governments (D) AUTHORIZATION OF APPROPRIATIONS.— ation of a public water supply system, as a in a manner that is consistent with section Section 6 of the Great Ape Conservation Act measure to control, manage, or prevent the 202(c)(9) of the Federal Land Policy and Man- of 2000 (16 U.S.C. 6305) is amended by striking introduction or spread of an invasive species. agement Act of 1976 (43 U.S.C. 1712(c)(9)).’’. ‘‘2006 through 2010’’ and inserting ‘‘2019 ‘‘(l) USE OF PARTNERSHIPS.—Subject to the (c) WILDLIFE CONSERVATION.— through 2023’’. (1) REAUTHORIZATIONS.— subsections (m) and (n), the Secretary con- (3) AMENDMENTS TO MARINE TURTLE CON- (A) REAUTHORIZATION OF AFRICAN ELEPHANT cerned may enter into any contract or coop- SERVATION ACT OF 2004.— CONSERVATION ACT.—Section 2306(a) of the Af- erative agreement with another Federal (A) PURPOSE.—Section 2 of the Marine Tur- rican Elephant Conservation Act (16 U.S.C. agency, an eligible State, a federally recog- tle Conservation Act of 2004 (16 U.S.C. 6601) is 4245(a)) is amended by striking ‘‘2007 through nized Indian tribe, a political subdivision of amended by striking subsection (b) and in- 2012’’ and inserting ‘‘2019 through 2023’’. an eligible State, or a private individual or serting the following: (B) REAUTHORIZATION OF ASIAN ELEPHANT entity to assist with the control and man- ‘‘(b) PURPOSE.—The purpose of this Act is agement of an invasive species. CONSERVATION ACT OF 1997.—Section 8(a) of to assist in the conservation of marine tur- ‘‘(m) MEMORANDUM OF UNDERSTANDING.— the Asian Elephant Conservation Act of 1997 tles, freshwater turtles, and tortoises and ‘‘(1) IN GENERAL.—As a condition of a con- (16 U.S.C. 4266(a)) is amended by striking the habitats of marine turtles, freshwater tract or cooperative agreement under sub- ‘‘2007 through 2012’’ and inserting ‘‘2019 turtles, and tortoises in foreign countries section (l), the Secretary concerned and the through 2023’’. and territories of the United States by sup- applicable Federal agency, eligible State, po- (C) REAUTHORIZATION OF RHINOCEROS AND porting and providing financial resources for litical subdivision of an eligible State, or TIGER CONSERVATION ACT OF 1994.—Section projects— private individual or entity shall enter into 10(a) of the Rhinoceros and Tiger Conserva- ‘‘(1) to conserve marine turtle, freshwater a memorandum of understanding that de- tion Act of 1994 (16 U.S.C. 5306(a)) is amended turtle, and tortoise habitats under the juris- scribes— by striking ‘‘2007 through 2012’’ and inserting diction of United States Fish and Wildlife ‘‘(A) the nature of the partnership between ‘‘2019 through 2023’’. Service programs; the parties to the memorandum of under- (2) AMENDMENTS TO GREAT APE CONSERVA- ‘‘(2) to conserve marine turtles, freshwater standing; and TION ACT OF 2000.— turtles, and tortoises in those habitats; and ‘‘(B) the control and management activi- (A) PANEL.—Section 4(i) of the Great Ape ‘‘(3) to address other threats to the sur- ties to be conducted under the contract or Conservation Act of 2000 (16 U.S.C. 6303(i)) is vival of marine turtles, freshwater turtles, cooperative agreement. amended— and tortoises, including habitat loss, poach- ‘‘(2) CONTENTS.—A memorandum of under- (i) by striking paragraph (1) and inserting ing of turtles or their eggs, and wildlife traf- standing under this subsection shall contain, the following: ficking.’’. at a minimum, the following: ‘‘(1) CONVENTION.—Not later than 1 year (B) DEFINITIONS.—Section 3 of the Marine ‘‘(A) A prioritized listing of each invasive after the date of enactment of the Natural Turtle Conservation Act of 2004 (16 U.S.C. species to be controlled or managed. Resources Management Act, and every 5 6602) is amended— ‘‘(B) An assessment of the total acres of years thereafter, the Secretary may convene (i) in paragraph (2)— land or area of water infested by the invasive a panel of experts on great apes to identify (I) in the matter preceding subparagraph species. the greatest needs and priorities for the con- (A), by striking ‘‘nesting habitats of marine ‘‘(C) An estimate of the expected total servation of great apes.’’; turtles in foreign countries and of marine acres of land or area of water infested by the (ii) by redesignating paragraph (2) as para- turtles in those habitats’’ and inserting ‘‘ma- invasive species after control and manage- graph (5); and rine turtles, freshwater turtles, and tor- ment of the invasive species is attempted. (iii) by inserting after paragraph (1) the toises, and the habitats of marine turtles, ‘‘(D) A description of each specific, inte- following: freshwater turtles, and tortoises, in foreign grated pest management option to be used, ‘‘(2) COMPOSITION.—The Secretary shall en- countries and territories of the United including a comparative economic assess- sure that the panel referred to in paragraph States under the jurisdiction of United ment to determine the least-costly method. (1) includes, to the maximum extent prac- States Fish and Wildlife Service programs’’; ‘‘(E) Any map, boundary, or Global Posi- ticable, 1 or more representatives— (II) in subparagraphs (A), (B), and (C), by tioning System coordinates needed to clear- ‘‘(A) from each country that comprises the striking ‘‘nesting’’ each place it appears; ly identify the area in which each control or natural range of great apes; and (III) in subparagraph (D)— management activity is proposed to be con- ‘‘(B) with expertise in great ape conserva- (aa) in the matter preceding clause (i), by ducted. tion. striking ‘‘countries to—’’ and inserting ‘‘(F) A written assurance that each partner ‘‘(3) CONSERVATION PLANS.—In identifying ‘‘countries—’’; will comply with section 15 of the Federal the conservation needs and priorities under (bb) in clause (i)— Noxious Weed Act of 1974 (7 U.S.C. 2814). paragraph (1), the panel referred to in that (AA) by inserting ‘‘to’’ before ‘‘protect’’; ‘‘(3) COORDINATION.—If a partner to a con- paragraph shall consider any relevant great and tract or cooperative agreement under sub- ape conservation plan or strategy, including (BB) by striking ‘‘nesting’’ each place it section (l) is an eligible State, political sub- scientific research and findings relating to— appears; and division of an eligible State, or private indi- ‘‘(A) the conservation needs and priorities (cc) in clause (ii), by inserting ‘‘to’’ before vidual or entity, the memorandum of under- of great apes; ‘‘prevent’’; standing under this subsection shall include ‘‘(B) any regional or species-specific action (IV) in subparagraph (E)(i), by striking a description of— plan or strategy; ‘‘turtles on nesting habitat’’ and inserting ‘‘(A) the means by which each applicable ‘‘(C) any applicable strategy developed or ‘‘turtles, freshwater turtles, and tortoises’’; control or management effort will be coordi- initiated by the Secretary; and (V) in subparagraph (F), by striking ‘‘tur- nated; and ‘‘(D) any other applicable conservation tles over habitat used by marine turtles for ‘‘(B) the expected outcomes of managing plan or strategy. nesting’’ and inserting ‘‘turtles, freshwater and controlling the invasive species. ‘‘(4) FUNDS.—Subject to the availability of turtles, and tortoises over habitats used by ‘‘(4) PUBLIC OUTREACH AND AWARENESS EF- appropriations, the Secretary may use marine turtles, freshwater turtles, and tor- FORTS.—If a contract or cooperative agree- amounts available to the Secretary to pay toises’’; and ment under subsection (l) involves any out- for the costs of convening and facilitating (VI) in subparagraph (H), by striking reach or public awareness effort, the memo- any meeting of the panel referred to in para- ‘‘nesting’’ each place it appears; randum of understanding under this sub- graph (1).’’. (ii) by redesignating paragraphs (3), (4), (5), section shall include a list of goals and ob- (B) MULTIYEAR GRANTS.—Section 4 of the and (6) as paragraphs (4), (6), (7), and (8), re- jectives for each outreach or public aware- Great Ape Conservation Act of 2000 (16 U.S.C. spectively;

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(iii) by inserting before paragraph (4) (as so or tortoises and the habitats of marine tur- (ii) COMPOSITION.—The Board shall be com- redesignated) the following: tles, freshwater turtles, or tortoises’’. posed of not fewer than 9 members appointed ‘‘(3) FRESHWATER TURTLE.— (D) MARINE TURTLE CONSERVATION FUND.— by the Secretary, who shall provide expertise ‘‘(A) IN GENERAL.—The term ‘freshwater Section 5 of the Marine Turtle Conservation in— turtle’ means any member of the family Act of 2004 (16 U.S.C. 6604) is amended— (I) wildlife trafficking and trade; Carettochelyidae, Chelidae, Chelydridae, (i) in subsection (a)(2), by striking ‘‘section (II) wildlife conservation and management; Dermatemydidae, Emydidae, Geoemydidae, 6’’ and inserting ‘‘section 7(a)’’; and (III) biology; Kinosternidae, Pelomedusidae, (ii) in subsection (b)(2), by striking ‘‘3 per- (IV) technology development; Platysternidae, Podocnemididae, or cent, or up to $80,000’’ and inserting ‘‘5 per- (V) engineering; Trionychidae. cent, or up to $150,000’’. (VI) economics; ‘‘(B) INCLUSIONS.—The term ‘freshwater (E) ADVISORY GROUP.—Section 6(a) of the (VII) business development and manage- turtle’ includes— Marine Turtle Conservation Act of 2004 (16 ment; and ‘‘(i) any part, product, egg, or offspring of U.S.C. 6605(a)) is amended by inserting ‘‘, (VIII) any other discipline, as the Sec- a turtle described in subparagraph (A); and freshwater turtles, or tortoises’’ after ‘‘ma- retary determines to be necessary to achieve ‘‘(ii) a carcass of such a turtle.’’; rine turtles’’. the purposes of this paragraph. (iv) by inserting after paragraph (4) (as so (F) AUTHORIZATION OF APPROPRIATIONS.— (iii) DUTIES.—Subject to clause (iv), with redesignated) the following: Section 7 of the Marine Turtle Conservation respect to the prize competition, the Board ‘‘(5) HABITAT.—The term ‘habitat’ means Act of 2004 (16 U.S.C. 6606) is amended to read shall— any marine turtle, freshwater turtle, or tor- as follows: (I) select a topic; toise habitat (including a nesting habitat) ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (II) issue a problem statement; that is under the jurisdiction of United ‘‘(a) IN GENERAL.—There is authorized to (III) advise the Secretary regarding any op- States Fish and Wildlife Service programs.’’; be appropriated to the Fund $5,000,000 for portunity for technological innovation to and each of fiscal years 2019 through 2023. prevent wildlife poaching and trafficking; (v) by inserting after paragraph (8) (as so ‘‘(b) ALLOCATION.—Of the amounts made and redesignated) the following: available for each fiscal year pursuant to (IV) advise winners of the prize competi- ‘‘(9) TERRITORY OF THE UNITED STATES.— subsection (a)— tion regarding opportunities to pilot and im- The term ‘territory of the United States’ ‘‘(1) not less than $1,510,000 shall be used by plement winning technologies in relevant means— the Secretary for marine turtle conservation fields, including in partnership with con- ‘‘(A) American Samoa; purposes in accordance with this Act; and servation organizations, Federal or State ‘‘(B) the Commonwealth of the Northern ‘‘(2) of the amounts in excess of the agencies, federally recognized Indian tribes, Mariana Islands; amount described in paragraph (1), not less private entities, and research institutions ‘‘(C) the Commonwealth of Puerto Rico; than 40 percent shall be used by the Sec- with expertise or interest relating to the pre- ‘‘(D) Guam; retary for freshwater turtle and tortoise con- vention of wildlife poaching and trafficking. ‘‘(E) the United States Virgin Islands; and servation purposes in accordance with this (iv) CONSULTATION.—In selecting a topic ‘‘(F) any other territory or possession of Act.’’. and issuing a problem statement for the the United States. (d) PRIZE COMPETITIONS.— prize competition under subclauses (I) and ‘‘(10) TORTOISE.— (1) DEFINITIONS.—In this subsection: (II) of clause (iii), respectively, the Board ‘‘(A) IN GENERAL.—The term ‘tortoise’ (A) NON-FEDERAL FUNDS.—The term ‘‘non- shall consult widely with Federal and non- means any member of the family Federal funds’’ means funds provided by— Federal stakeholders, including— Testudinidae. (i) a State; (I) 1 or more Federal agencies with juris- ‘‘(B) INCLUSIONS.—The term ‘tortoise’ in- (ii) a territory of the United States; diction over the prevention of wildlife poach- cludes— (iii) 1 or more units of local or tribal gov- ing and trafficking; ‘‘(i) any part, product, egg, or offspring of ernment; (II) 1 or more State agencies with jurisdic- a tortoise described in subparagraph (A); and (iv) a private for-profit entity; tion over the prevention of wildlife poaching ‘‘(ii) a carcass of such a tortoise.’’. (v) a nonprofit organization; or and trafficking; (C) CONSERVATION ASSISTANCE.—Section 4 (vi) a private individual. (III) 1 or more State, regional, or local of the Marine Turtle Conservation Act of (B) SECRETARY.—The term ‘‘Secretary’’ wildlife organizations, the mission of which 2004 (16 U.S.C. 6603) is amended— means the Secretary, acting through the Di- relates to the prevention of wildlife poaching rector of the United States Fish and Wildlife (i) in the section heading, by striking ‘‘MA- and trafficking; and RINE TURTLE’’; Service. (IV) 1 or more wildlife conservation groups, (ii) in subsection (a), by inserting ‘‘, fresh- (C) WILDLIFE.—The term ‘‘wildlife’’ has the technology companies, research institutions, water turtles, or tortoises’’ after ‘‘marine meaning given the term in section 8 of the institutions of higher education, industry as- turtles’’; Fish and Wildlife Coordination Act (16 U.S.C. sociations, or individual stakeholders with (iii) in subsection (b)(1)— 666b). an interest in the prevention of wildlife (I) in the matter preceding subparagraph (2) THEODORE ROOSEVELT GENIUS PRIZE FOR poaching and trafficking. (A), by inserting ‘‘, freshwater turtles, or PREVENTION OF WILDLIFE POACHING AND TRAF- (v) REQUIREMENTS.—The Board shall com- tortoises’’ after ‘‘marine turtles’’; FICKING.— ply with all requirements under paragraph (II) by striking subparagraph (A) and in- (A) DEFINITIONS.—In this paragraph: (7)(A). serting the following: (i) BOARD.—The term ‘‘Board’’ means the (D) AGREEMENT WITH NATIONAL FISH AND ‘‘(A) any wildlife management authority of Prevention of Wildlife Poaching and Traf- WILDLIFE FOUNDATION.— a foreign country or territory of the United ficking Technology Advisory Board estab- (i) IN GENERAL.—The Secretary shall offer States that has within its boundaries marine lished by subparagraph (C)(i). to enter into an agreement under which the turtle, freshwater turtle, or tortoise habitat, (ii) PRIZE COMPETITION.—The term ‘‘prize National Fish and Wildlife Foundation shall if the activities of the authority directly or competition’’ means the Theodore Roosevelt administer the prize competition. indirectly affect marine turtle, freshwater Genius Prize for the prevention of wildlife (ii) REQUIREMENTS.—An agreement entered turtle, or tortoise conservation; or’’; and poaching and trafficking established under into under clause (i) shall comply with all re- (III) in subparagraph (B), by inserting ‘‘, subparagraph (B). quirements under paragraph (7)(B). freshwater turtles, or tortoises’’ after ‘‘ma- (B) AUTHORITY.—Not later than 180 days (E) JUDGES.— rine turtles’’; after the date of enactment of this Act, the (i) APPOINTMENT.—The Secretary shall ap- (iv) in subsection (c)(2), in each of subpara- Secretary shall establish under section 24 of point not fewer than 3 judges who shall, ex- graphs (A) and (C), by inserting ‘‘and terri- the Stevenson-Wydler Technology Innova- cept as provided in clause (ii), select the 1 or tory of the United States’’ after ‘‘each coun- tion Act of 1980 (15 U.S.C. 3719) a prize com- more annual winners of the prize competi- try’’; petition, to be known as the ‘‘Theodore Roo- tion. (v) by striking subsection (d) and inserting sevelt Genius Prize for the prevention of (ii) DETERMINATION BY SECRETARY.—The the following: wildlife poaching and trafficking’’— judges appointed under clause (i) shall not ‘‘(d) CRITERIA FOR APPROVAL.—The Sec- (i) to encourage technological innovation select any annual winner of the prize com- retary may approve a project proposal under with the potential to advance the mission of petition if the Secretary makes a determina- this section if the Secretary determines that the United States Fish and Wildlife Service tion that, in any fiscal year, none of the the project will help to restore, recover, and with respect to the prevention of wildlife technological advancements entered into the sustain a viable population of marine tur- poaching and trafficking; and prize competition merits an award. tles, freshwater turtles, or tortoises in the (ii) to award 1 or more prizes annually for (F) REPORT TO CONGRESS.—Not later than wild by assisting efforts in a foreign country a technological advancement that prevents 60 days after the date on which a cash prize or territory of the United States to imple- wildlife poaching and trafficking. is awarded under this paragraph, the Sec- ment a marine turtle, freshwater turtle, or (C) ADVISORY BOARD.— retary shall submit to the Committee on En- tortoise conservation program.’’; and (i) ESTABLISHMENT.—There is established vironment and Public Works of the Senate (vi) in subsection (e), by striking ‘‘marine an advisory board, to be known as the ‘‘Pre- and the Committee on Natural Resources of turtles and their nesting habitats’’ and in- vention of Wildlife Poaching and Trafficking the House of Representatives a report on the serting ‘‘marine turtles, freshwater turtles, Technology Advisory Board’’. prize competition that includes—

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2199 (i) a statement by the Board that describes shall consult widely with Federal and non- sevelt Genius Prize for the management of the activities carried out by the Board relat- Federal stakeholders, including— invasive species’’— ing to the duties described in subparagraph (I) 1 or more Federal agencies with juris- (i) to encourage technological innovation (C)(iii); diction over the promotion of wildlife con- with the potential to advance the mission of (ii) if the Secretary has entered into an servation; the United States Fish and Wildlife Service agreement under subparagraph (D)(i), a (II) 1 or more State agencies with jurisdic- with respect to the management of invasive statement by the National Fish and Wildlife tion over the promotion of wildlife conserva- species; and Foundation that describes the activities car- tion; (ii) to award 1 or more prizes annually for ried out by the National Fish and Wildlife (III) 1 or more State, regional, or local a technological advancement that manages Foundation relating to the duties described wildlife organizations, the mission of which invasive species. in paragraph (7)(B); and relates to the promotion of wildlife con- (C) ADVISORY BOARD.— (iii) a statement by 1 or more of the judges servation; and (i) ESTABLISHMENT.—There is established appointed under subparagraph (E) that ex- (IV) 1 or more wildlife conservation groups, an advisory board, to be known as the ‘‘Man- plains the basis on which the winner of the technology companies, research institutions, agement of Invasive Species Technology Ad- cash prize was selected. institutions of higher education, industry as- visory Board’’. (ii) COMPOSITION.—The Board shall be com- (G) TERMINATION OF AUTHORITY.—The sociations, or individual stakeholders with Board and all authority provided under this an interest in the promotion of wildlife con- posed of not fewer than 9 members appointed paragraph shall terminate on December 31, servation. by the Secretary, who shall provide expertise in— 2023. (v) REQUIREMENTS.—The Board shall com- (I) invasive species; (3) THEODORE ROOSEVELT GENIUS PRIZE FOR ply with all requirements under paragraph (II) biology; PROMOTION OF WILDLIFE CONSERVATION.— (7)(A). (III) technology development; (A) DEFINITIONS.—In this paragraph: (D) AGREEMENT WITH NATIONAL FISH AND (IV) engineering; (i) BOARD.—The term ‘‘Board’’ means the WILDLIFE FOUNDATION.— (V) economics; Promotion of Wildlife Conservation Tech- (i) IN GENERAL.—The Secretary shall offer (VI) business development and manage- nology Advisory Board established by sub- to enter into an agreement under which the ment; and paragraph (C)(i). National Fish and Wildlife Foundation shall (VII) any other discipline, as the Secretary (ii) PRIZE COMPETITION.—The term ‘‘prize administer the prize competition. determines to be necessary to achieve the competition’’ means the Theodore Roosevelt (ii) REQUIREMENTS.—An agreement entered purposes of this paragraph. Genius Prize for the promotion of wildlife into under clause (i) shall comply with all re- (iii) DUTIES.—Subject to clause (iv), with conservation established under subparagraph quirements under paragraph (7)(B). respect to the prize competition, the Board (B). (E) JUDGES.— shall— (B) AUTHORITY.—Not later than 180 days (i) APPOINTMENT.—The Secretary shall ap- (I) select a topic; after the date of enactment of this Act, the point not fewer than 3 judges who shall, ex- (II) issue a problem statement; Secretary shall establish under section 24 of cept as provided in clause (ii), select the 1 or (III) advise the Secretary regarding any op- the Stevenson-Wydler Technology Innova- more annual winners of the prize competi- portunity for technological innovation to tion Act of 1980 (15 U.S.C. 3719) a prize com- tion. manage invasive species; and petition, to be known as the ‘‘Theodore Roo- (ii) DETERMINATION BY SECRETARY.—The (IV) advise winners of the prize competi- sevelt Genius Prize for the promotion of judges appointed under clause (i) shall not tion regarding opportunities to pilot and im- wildlife conservation’’— select any annual winner of the prize com- plement winning technologies in relevant (i) to encourage technological innovation petition if the Secretary makes a determina- fields, including in partnership with con- with the potential to advance the mission of tion that, in any fiscal year, none of the servation organizations, Federal or State the United States Fish and Wildlife Service technological advancements entered into the agencies, federally recognized Indian tribes, with respect to the promotion of wildlife prize competition merits an award. private entities, and research institutions conservation; and (F) REPORT TO CONGRESS.—Not later than with expertise or interest relating to the (ii) to award 1 or more prizes annually for 60 days after the date on which a cash prize management of invasive species. a technological advancement that promotes is awarded under this paragraph, the Sec- (iv) CONSULTATION.—In selecting a topic wildlife conservation. retary shall submit to the Committee on En- and issuing a problem statement for the (C) ADVISORY BOARD.— vironment and Public Works of the Senate prize competition under subclauses (I) and (i) ESTABLISHMENT.—There is established and the Committee on Natural Resources of (II) of clause (iii), respectively, the Board an advisory board, to be known as the ‘‘Pro- the House of Representatives a report on the shall consult widely with Federal and non- motion of Wildlife Conservation Technology prize competition that includes— Federal stakeholders, including— Advisory Board’’. (i) a statement by the Board that describes (I) 1 or more Federal agencies with juris- (ii) COMPOSITION.—The Board shall be com- the activities carried out by the Board relat- diction over the management of invasive posed of not fewer than 9 members appointed ing to the duties described in subparagraph species; by the Secretary, who shall provide expertise (C)(iii); (II) 1 or more State agencies with jurisdic- in— (ii) if the Secretary has entered into an tion over the management of invasive spe- (I) wildlife conservation and management; agreement under subparagraph (D)(i), a cies; (II) biology; statement by the National Fish and Wildlife (III) 1 or more State, regional, or local (III) technology development; Foundation that describes the activities car- wildlife organizations, the mission of which (IV) engineering; ried out by the National Fish and Wildlife relates to the management of invasive spe- (V) economics; Foundation relating to the duties described cies; and (VI) business development and manage- in paragraph (7)(B); and (IV) 1 or more wildlife conservation groups, ment; and (iii) a statement by 1 or more of the judges technology companies, research institutions, (VII) any other discipline, as the Secretary appointed under subparagraph (E) that ex- institutions of higher education, industry as- determines to be necessary to achieve the plains the basis on which the winner of the sociations, or individual stakeholders with purposes of this paragraph. cash prize was selected. an interest in the management of invasive (iii) DUTIES.—Subject to clause (iv), with (G) TERMINATION OF AUTHORITY.—The species. respect to the prize competition, the Board Board and all authority provided under this (v) REQUIREMENTS.—The Board shall com- shall— paragraph shall terminate on December 31, ply with all requirements under paragraph (I) select a topic; 2023. (7)(A). (II) issue a problem statement; (4) THEODORE ROOSEVELT GENIUS PRIZE FOR (D) AGREEMENT WITH NATIONAL FISH AND (III) advise the Secretary regarding any op- MANAGEMENT OF INVASIVE SPECIES.— WILDLIFE FOUNDATION.— portunity for technological innovation to (A) DEFINITIONS.—In this paragraph: (i) IN GENERAL.—The Secretary shall offer promote wildlife conservation; and (i) BOARD.—The term ‘‘Board’’ means the to enter into an agreement under which the (IV) advise winners of the prize competi- Management of Invasive Species Technology National Fish and Wildlife Foundation shall tion regarding opportunities to pilot and im- Advisory Board established by subparagraph administer the prize competition. plement winning technologies in relevant (C)(i). (ii) REQUIREMENTS.—An agreement entered fields, including in partnership with con- (ii) PRIZE COMPETITION.—The term ‘‘prize into under clause (i) shall comply with all re- servation organizations, Federal or State competition’’ means the Theodore Roosevelt quirements under paragraph (7)(B). agencies, federally recognized Indian tribes, Genius Prize for the management of invasive (E) JUDGES.— private entities, and research institutions species established under subparagraph (B). (i) APPOINTMENT.—The Secretary shall ap- with expertise or interest relating to the (B) AUTHORITY.—Not later than 180 days point not fewer than 3 judges who shall, ex- promotion of wildlife conservation. after the date of enactment of this Act, the cept as provided in clause (ii), select the 1 or (iv) CONSULTATION.—In selecting a topic Secretary shall establish under section 24 of more annual winners of the prize competi- and issuing a problem statement for the the Stevenson-Wydler Technology Innova- tion. prize competition under subclauses (I) and tion Act of 1980 (15 U.S.C. 3719) a prize com- (ii) DETERMINATION BY SECRETARY.—The (II) of clause (iii), respectively, the Board petition, to be known as the ‘‘Theodore Roo- judges appointed under clause (i) shall not

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select any annual winner of the prize com- (IV) advise winners of the prize competi- (i) BOARD.—The term ‘‘Board’’ means the petition if the Secretary makes a determina- tion regarding opportunities to pilot and im- Nonlethal Management of Human-Wildlife tion that, in any fiscal year, none of the plement winning technologies in relevant Conflicts Technology Advisory Board estab- technological advancements entered into the fields, including in partnership with con- lished by subparagraph (C)(i). prize competition merits an award. servation organizations, Federal or State (ii) PRIZE COMPETITION.—The term ‘‘prize (F) REPORT TO CONGRESS.—Not later than agencies, federally recognized Indian tribes, competition’’ means the Theodore Roosevelt 60 days after the date on which a cash prize private entities, and research institutions Genius Prize for the nonlethal management is awarded under this paragraph, the Sec- with expertise or interest relating to the of human-wildlife conflicts established under retary shall submit to the Committee on En- protection of endangered species. subparagraph (B). vironment and Public Works of the Senate (iv) CONSULTATION.—In selecting a topic (B) AUTHORITY.—Not later than 180 days and the Committee on Natural Resources of and issuing a problem statement for the after the date of enactment of this Act, the the House of Representatives a report on the prize competition under subclauses (I) and Secretary shall establish under section 24 of prize competition that includes— (II) of clause (iii), respectively, the Board the Stevenson-Wydler Technology Innova- (i) a statement by the Board that describes shall consult widely with Federal and non- tion Act of 1980 (15 U.S.C. 3719) a prize com- the activities carried out by the Board relat- Federal stakeholders, including— petition, to be known as the ‘‘Theodore Roo- ing to the duties described in subparagraph (I) 1 or more Federal agencies with juris- sevelt Genius Prize for the nonlethal man- (C)(iii); diction over the protection of endangered agement of human-wildlife conflicts’’— (ii) if the Secretary has entered into an species; (i) to encourage technological innovation agreement under subparagraph (D)(i), a (II) 1 or more State agencies with jurisdic- with the potential to advance the mission of statement by the National Fish and Wildlife tion over the protection of endangered spe- the United States Fish and Wildlife Service Foundation that describes the activities car- cies; with respect to the nonlethal management of ried out by the National Fish and Wildlife (III) 1 or more State, regional, or local human-wildlife conflicts; and Foundation relating to the duties described wildlife organizations, the mission of which (ii) to award 1 or more prizes annually for in paragraph (7)(B); and relates to the protection of endangered spe- a technological advancement that promotes (iii) a statement by 1 or more of the judges cies; and the nonlethal management of human-wildlife appointed under subparagraph (E) that ex- (IV) 1 or more wildlife conservation groups, conflicts. plains the basis on which the winner of the technology companies, research institutions, (C) ADVISORY BOARD.— cash prize was selected. institutions of higher education, industry as- (i) ESTABLISHMENT.—There is established (G) TERMINATION OF AUTHORITY.—The sociations, or individual stakeholders with an advisory board, to be known as the ‘‘Non- Board and all authority provided under this an interest in the protection of endangered lethal Management of Human-Wildlife Con- paragraph shall terminate on December 31, species. flicts Technology Advisory Board’’. 2023. (v) REQUIREMENTS.—The Board shall com- (ii) COMPOSITION.—The Board shall be com- (5) THEODORE ROOSEVELT GENIUS PRIZE FOR ply with all requirements under paragraph posed of not fewer than 9 members appointed PROTECTION OF ENDANGERED SPECIES.— (7)(A). by the Secretary, who shall provide expertise (A) DEFINITIONS.—In this paragraph: (D) AGREEMENT WITH NATIONAL FISH AND in— (i) BOARD.—The term ‘‘Board’’ means the WILDLIFE FOUNDATION.— (I) nonlethal wildlife management; Protection of Endangered Species Tech- (i) IN GENERAL.—The Secretary shall offer (II) social aspects of human-wildlife con- nology Advisory Board established by sub- to enter into an agreement under which the flict management; paragraph (C)(i). National Fish and Wildlife Foundation shall (III) biology; (ii) PRIZE COMPETITION.—The term ‘‘prize administer the prize competition. (IV) technology development; competition’’ means the Theodore Roosevelt (ii) REQUIREMENTS.—An agreement entered (V) engineering; Genius Prize for the protection of endan- into under clause (i) shall comply with all re- (VI) economics; gered species established under subparagraph quirements under paragraph (7)(B). (VII) business development and manage- (B). (E) JUDGES.— ment; and (B) AUTHORITY.—Not later than 180 days (i) APPOINTMENT.—The Secretary shall ap- (VIII) any other discipline, as the Sec- after the date of enactment of this Act, the point not fewer than 3 judges who shall, ex- retary determines to be necessary to achieve Secretary shall establish under section 24 of cept as provided in clause (ii), select the 1 or the purposes of this paragraph. the Stevenson-Wydler Technology Innova- more annual winners of the prize competi- (iii) DUTIES.—Subject to clause (iv), with tion Act of 1980 (15 U.S.C. 3719) a prize com- tion. respect to the prize competition, the Board petition, to be known as the ‘‘Theodore Roo- (ii) DETERMINATION BY SECRETARY.—The shall— sevelt Genius Prize for the protection of en- judges appointed under clause (i) shall not (I) select a topic; dangered species’’— select any annual winner of the prize com- (II) issue a problem statement; (i) to encourage technological innovation petition if the Secretary makes a determina- (III) advise the Secretary regarding any op- with the potential to advance the mission of tion that, in any fiscal year, none of the portunity for technological innovation to the United States Fish and Wildlife Service technological advancements entered into the promote the nonlethal management of with respect to the protection of endangered prize competition merits an award. human-wildlife conflicts; and species; and (F) REPORT TO CONGRESS.—Not later than (IV) advise winners of the prize competi- (ii) to award 1 or more prizes annually for 60 days after the date on which a cash prize tion regarding opportunities to pilot and im- a technological advancement that protects is awarded under this paragraph, the Sec- plement winning technologies in relevant endangered species. retary shall submit to the Committee on En- fields, including in partnership with con- (C) ADVISORY BOARD.— vironment and Public Works of the Senate servation organizations, Federal or State (i) ESTABLISHMENT.—There is established and the Committee on Natural Resources of agencies, federally recognized Indian tribes, an advisory board, to be known as the ‘‘Pro- the House of Representatives a report on the private entities, and research institutions tection of Endangered Species Technology prize competition that includes— with expertise or interest relating to the Advisory Board’’. (i) a statement by the Board that describes nonlethal management of human-wildlife (ii) COMPOSITION.—The Board shall be com- the activities carried out by the Board relat- conflicts. posed of not fewer than 9 members appointed ing to the duties described in subparagraph (iv) CONSULTATION.—In selecting a topic by the Secretary, who shall provide expertise (C)(iii); and issuing a problem statement for the in— (ii) if the Secretary has entered into an prize competition under subclauses (I) and (I) endangered species; agreement under subparagraph (D)(i), a (II) of subparagraph (C), respectively, the (II) biology; statement by the National Fish and Wildlife Board shall consult widely with Federal and (III) technology development; Foundation that describes the activities car- non-Federal stakeholders, including— (IV) engineering; ried out by the National Fish and Wildlife (I) 1 or more Federal agencies with juris- (V) economics; Foundation relating to the duties described diction over the management of native wild- (VI) business development and manage- in paragraph (7)(B); and life species at risk due to conflict with ment; and (iii) a statement by 1 or more of the judges human activities; (VII) any other discipline, as the Secretary appointed under subparagraph (E) that ex- (II) 1 or more State agencies with jurisdic- determines to be necessary to achieve the plains the basis on which the winner of the tion over the management of native wildlife purposes of this paragraph. cash prize was selected. species at risk due to conflict with human (iii) DUTIES.—Subject to clause (iv), with (G) TERMINATION OF AUTHORITY.—The activities; respect to the prize competition, the Board Board and all authority provided under this (III) 1 or more State, regional, or local shall— paragraph shall terminate on December 31, wildlife organizations, the mission of which (I) select a topic; 2023. relates to the management of native wildlife (II) issue a problem statement; (6) THEODORE ROOSEVELT GENIUS PRIZE FOR species at risk due to conflict with human (III) advise the Secretary regarding any op- NONLETHAL MANAGEMENT OF HUMAN-WILDLIFE activities; and portunity for technological innovation to CONFLICTS.— (IV) 1 or more wildlife conservation groups, protect endangered species; and (A) DEFINITIONS.—In this paragraph: technology companies, research institutions,

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2201 institutions of higher education, industry as- hear each other participating member during shall determine the amount of the additional sociations, or individual stakeholders with the meeting. cash prize. an interest in the management of native (bb) PRESENCE.—A member of the Board SEC. 7002. REAUTHORIZATION OF NEOTROPICAL wildlife species at risk due to conflict with who participates in a meeting remotely MIGRATORY BIRD CONSERVATION human activities. under item (aa) shall be considered to be ACT. (v) REQUIREMENTS.—The Board shall com- present at the meeting. Section 10 of the Neotropical Migratory ply with all requirements under paragraph (iv) QUORUM.—A majority of the members Bird Conservation Act (16 U.S.C. 6109) is (7)(A). of the Board shall constitute a quorum, but amended to read as follows: (D) AGREEMENT WITH NATIONAL FISH AND a lesser number of members may hold a ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. WILDLIFE FOUNDATION.— meeting. ‘‘(a) IN GENERAL.—There is authorized to (i) IN GENERAL.—The Secretary shall offer (v) CHAIRPERSON AND VICE CHAIRPERSON.— be appropriated to carry out this Act to enter into an agreement under which the The Board shall select a Chairperson and $6,500,000 for each of fiscal years 2019 through National Fish and Wildlife Foundation shall Vice Chairperson from among the members 2023. administer the prize competition. of the Board. ‘‘(b) USE OF FUNDS.—Of the amounts made (ii) REQUIREMENTS.—An agreement entered (vi) ADMINISTRATIVE COST REDUCTION.—The available under subsection (a) for each fiscal into under clause (i) shall comply with all re- Board shall, to the maximum extent prac- year, not less than 75 percent shall be ex- quirements under paragraph (7)(B). ticable, minimize the administrative costs of pended for projects carried out at a location (E) JUDGES.— the Board, including by encouraging the re- outside of the United States.’’. (i) APPOINTMENT.—The Secretary shall ap- mote participation described in clause SEC. 7003. JOHN H. CHAFEE COASTAL BARRIER point not fewer than 3 judges who shall, ex- (iii)(II)(aa) to reduce travel costs. RESOURCES SYSTEM. cept as provided in clause (ii), select the 1 or (B) AGREEMENTS WITH NATIONAL FISH AND (a) REPLACEMENT OF JOHN H. CHAFEE more annual winners of the prize competi- WILDLIFE FOUNDATION.—Any agreement en- COASTAL BARRIER RESOURCES SYSTEM tion. tered into under paragraph (2)(D)(i), (3)(D)(i), MAPS.— (1) IN GENERAL.—Subject to paragraph (3), (ii) DETERMINATION BY SECRETARY.—The (4)(D)(i), (5)(D)(i), or (6)(D)(i) shall comply judges appointed under clause (i) shall not with the following requirements: each map included in the set of maps re- select any annual winner of the prize com- (i) DUTIES.—An agreement shall provide ferred to in section 4(a) of the Coastal Bar- petition if the Secretary makes a determina- that the National Fish and Wildlife Founda- rier Resources Act (16 U.S.C. 3503(a)) that re- tion that, in any fiscal year, none of the tion shall— lates to a Unit of such System referred to in technological advancements entered into the (I) advertise the prize competition; paragraph (2) is replaced in such set with the prize competition merits an award. (II) solicit prize competition participants; map described in that paragraph with re- spect to that Unit. (F) REPORT TO CONGRESS.—Not later than (III) administer funds relating to the prize 60 days after the date on which a cash prize competition; (2) REPLACEMENT MAPS DESCRIBED.—The re- is awarded under this paragraph, the Sec- (IV) receive Federal funds— placement maps referred to in paragraph (1) retary shall submit to the Committee on En- (aa) to administer the prize competition; are the following: vironment and Public Works of the Senate and (A) The map entitled ‘‘Delaware Seashore and the Committee on Natural Resources of (bb) to award a cash prize; Unit DE–07/DE–07P North Bethany Beach the House of Representatives a report on the (V) carry out activities to generate con- Unit H01’’ and dated March 18, 2016, with re- prize competition that includes— tributions of non-Federal funds to offset, in spect to Unit DE–07, Unit DE–07P, and Unit (i) a statement by the Board that describes whole or in part— H01. the activities carried out by the Board relat- (aa) the administrative costs of the prize (B) The map entitled ‘‘Pine Island Bay ing to the duties described in subparagraph competition; and Unit NC–01/NC–01P’’ and dated March 18, (C)(iii); (bb) the costs of a cash prize; 2016, with respect to Unit NC–01 and Unit (ii) if the Secretary has entered into an (VI) in consultation with, and subject to NC–01P. agreement under subparagraph (D)(i), a final approval by, the Secretary, develop cri- (C) The map entitled ‘‘Roosevelt Natural statement by the National Fish and Wildlife teria for the selection of prize competition Area Unit NC–05P’’ and dated March 18, 2016, Foundation that describes the activities car- winners; with respect to Unit NC–05P. ried out by the National Fish and Wildlife (VII) provide advice and consultation to (D) The map entitled ‘‘Hammocks Beach Foundation relating to the duties described the Secretary on the selection of judges Unit NC–06/NC–06P (2 of 2) Onslow Beach in paragraph (7)(B); and under paragraphs (2)(E), (3)(E), (4)(E), (5)(E), Complex L05 (1 of 2)’’ and dated March 18, (iii) a statement by 1 or more of the judges and (6)(E) based on criteria developed in con- 2016, with respect to Unit L05. appointed under subparagraph (E) that ex- sultation with, and subject to the final ap- (E) The map entitled ‘‘Onslow Beach Com- plains the basis on which the winner of the proval of, the Secretary; plex L05 (2 of 2) Topsail Unit L06 (1 of 2)’’ and cash prize was selected. (VIII) announce 1 or more annual winners dated November 20, 2013, with respect to Unit (G) TERMINATION OF AUTHORITY.—The of the prize competition; L05 and Unit L06. Board and all authority provided under this (IX) subject to clause (ii), award 1 cash (F) The map entitled ‘‘Topsail Unit L06 (2 paragraph shall terminate on December 31, prize annually; and of 2)’’ and dated November 20, 2013, with re- 2023. (X) protect against unauthorized use or spect to Unit L06. (7) ADMINISTRATION OF PRIZE COMPETI- disclosure by the National Fish and Wildlife (G) The map entitled ‘‘Litchfield Beach TIONS.— Foundation of any trade secret or confiden- Unit M02 Pawleys Inlet Unit M03’’ and dated (A) ADDITIONAL REQUIREMENTS FOR ADVI- tial business information of a prize competi- March 18, 2016, with respect to Unit M02 and SORY BOARDS.—An advisory board established tion participant. Unit M03. under paragraph (2)(C)(i), (3)(C)(i), (4)(C)(i), (ii) ADDITIONAL CASH PRIZES.—An agree- (H) The map entitled ‘‘Fort Clinch Unit (5)(C)(i), or (6)(C)(i) (referred to in this para- ment shall provide that the National Fish FL–01/FL–01P’’ and dated March 18, 2016, graph as a ‘‘Board’’) shall comply with the and Wildlife Foundation may award more with respect to Unit FL–01 and Unit FL–01P. following requirements: than 1 cash prize annually if the initial cash (I) The map entitled ‘‘Usina Beach Unit (i) TERM; VACANCIES.— prize referred to in clause (i)(IX) and any ad- P04A Conch Island Unit P05/P05P’’ and dated (I) TERM.—A member of the Board shall ditional cash prize are awarded using only March 18, 2016, with respect to Unit P04A, serve for a term of 5 years. non-Federal funds. Unit P05, and Unit P05P. (II) VACANCIES.—A vacancy on the Board— (iii) SOLICITATION OF FUNDS.—An agree- (J) The map entitled ‘‘Ponce Inlet Unit (aa) shall not affect the powers of the ment shall provide that the National Fish P08/P08P’’ and dated March 18, 2016, with re- Board; and and Wildlife Foundation— spect to Unit P08 and Unit P08P. (bb) shall be filled in the same manner as (I) may request and accept Federal funds (K) The map entitled ‘‘Spessard Holland the original appointment was made. and non-Federal funds for a cash prize; Park Unit FL–13P Coconut Point Unit P09A/ (ii) INITIAL MEETING.—Not later than 30 (II) may accept a contribution for a cash P09AP’’ and dated March 18, 2016, with re- days after the date on which all members of prize in exchange for the right to name the spect to Unit FL–13P, Unit P09A, and Unit the Board have been appointed, the Board prize; and P09AP. shall hold the initial meeting of the Board. (III) shall not give special consideration to (L) The map entitled ‘‘Blue Hole Unit P10A (iii) MEETINGS.— any Federal agency or non-Federal entity in Pepper Beach Unit FL–14P’’ and dated March (I) IN GENERAL.—The Board shall meet at exchange for a donation for a cash prize 18, 2016, with respect to Unit P10A and Unit the call of the Chairperson. awarded under this subsection. FL–14P. (II) REMOTE PARTICIPATION.— (C) AWARD AMOUNTS.— (M) The map entitled ‘‘Hutchinson Island (aa) IN GENERAL.—Any member of the (i) IN GENERAL.—The amount of the initial Unit P11/P11P (1 of 2)’’ and dated March 18, Board may participate in a meeting of the cash prize referred to in subparagraph 2016, with respect to Unit P11 and Unit P11P. Board through the use of— (B)(i)(IX) shall be $100,000. (N) The map entitled ‘‘Hutchinson Island (AA) teleconferencing; or (ii) ADDITIONAL CASH PRIZES.—On notifica- Unit P11 (2 of 2)’’ and dated March 18, 2016, (BB) any other remote business tele- tion by the National Fish and Wildlife Foun- with respect to Unit P11. communications method that allows each dation that non-Federal funds are available (O) The map entitled ‘‘Blowing Rocks Unit participating member to simultaneously for an additional cash prize, the Secretary FL–15 Jupiter Beach Unit FL–16P Carlin

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Unit FL–17P’’ and dated March 18, 2016, with (4) CONFORMING AMENDMENT.—Section 4(a) maintain Reclamation project facilities in respect to Unit FL–15, Unit FL–16P, and Unit of the Coastal Barrier Resources Act (16 accordance with the authorization for the FL–17P. U.S.C. 3503(a)) is amended— Reclamation project. (P) The map entitled ‘‘MacArthur Beach (A) in the matter preceding paragraph (1), (5) QUALIFYING ENTITY.—The term ‘‘quali- Unit FL–18P’’ and dated March 18, 2016, with by inserting ‘‘replaced,’’ after ‘‘may be’’; and fying entity’’ means an agency of a State or respect to Unit FL–18P. (B) in paragraph (3), by inserting ‘‘replaces political subdivision of a State, a joint ac- (Q) The map entitled ‘‘Birch Park Unit FL– such a map or’’ after ‘‘that specifically’’. tion or powers agency, a water users associa- 19P’’ and dated March 18, 2016, with respect (b) DIGITAL MAPS OF JOHN H. CHAFEE tion, or an Indian Tribe or Tribal utility au- to Unit FL–19P. COASTAL BARRIER RESOURCES SYSTEM thority that— (R) The map entitled ‘‘Lloyd Beach Unit UNITS.—Section 4(b) of the Coastal Barrier (A) as of the date of conveyance under this FL–20P North Beach Unit P14A’’ and dated Resources Act (16 U.S.C. 3503(b)) is amend- subtitle, is the current operator of the eligi- March 18, 2016, with respect to Unit FL–20P ed— ble facility pursuant to a contract with Rec- and Unit P14A. (1) by inserting before the first sentence lamation; and (S) The map entitled ‘‘Tavernier Key Unit the following: (B) as determined by the Secretary, has FL–39 Snake Creek Unit FL–40’’ and dated ‘‘(1) IN GENERAL.—’’; and the capacity to continue to manage the eligi- March 18, 2016, with respect to Unit FL–39 (2) by adding at the end the following: ble facility for the same purposes for which and Unit FL–40. ‘‘(2) DIGITAL MAPS.— the property has been managed under the (T) The map entitled ‘‘Channel Key Unit ‘‘(A) AVAILABILITY.—The Secretary shall reclamation laws. FL–43 Toms Harbor Keys Unit FL–44 Deer/ make available to the public on the Internet (6) RECLAMATION.—The term ‘‘Reclama- Long Point Keys Unit FL–45’’ and dated web site of the United States Fish and Wild- tion’’ means the Bureau of Reclamation. March 18, 2016, with respect to Unit FL–43, life Service digital versions of the maps in- (7) RECLAMATION PROJECT.—The term ‘‘Rec- Unit FL–44, and FL–45. cluded in the set of maps referred to in sub- lamation project’’ means— (U) The map entitled ‘‘Boot Key Unit FL– section (a). (A) any reclamation or irrigation project, 46’’ and dated March 18, 2016, with respect to ‘‘(B) EFFECT.—Any determination as to including incidental features of the project— Unit FL–46. whether a location is inside or outside the (i) that is authorized by the reclamation (V) The map entitled ‘‘Bowditch Point System shall be made without regard to the laws; Unit P17A Bunche Beach Unit FL–67/FL–67P digital maps available under this paragraph, (ii) that is constructed by the United Sanibel Island Complex P18P (1 of 2)’’ and except that this subparagraph does not apply States pursuant to the reclamation laws; or dated March 18, 2016, with respect to Unit with respect to any printed version of such a (iii) in connection with which there is a re- P17A, Unit FL–67, and Unit FL–67P. digital map if the printed version is included payment or water service contract executed (W) The map entitled ‘‘Bocilla Island Unit in the maps referred to in subsection (a). by the United States pursuant to the rec- P21/P21P’’ and dated March 18, 2016, with re- ‘‘(C) REPORT.—No later than 180 days after lamation laws; or spect to Unit P21 and Unit P21P. the date of the enactment of Natural Re- (B) any project constructed by the Sec- (X) The map entitled ‘‘Venice Inlet Unit sources Management Act, the Secretary retary for the reclamation of land. FL–71P Casey Key Unit P22’’ and dated shall submit to the Committee on Natural (8) RESERVED WORKS.—The term ‘‘reserved March 18, 2016, with respect to Unit P22. Resources of the House of Representatives works’’ means any building, structure, facil- (Y) The map entitled ‘‘Lido Key Unit FL– and the Committee on Environment and ity, or equipment— 72P’’ and dated March 18, 2016, with respect Public Works of the Senate a report regard- (A) that is owned by the Bureau; and to Unit FL–72P. ing the progress and challenges in the transi- (B) for which operations and maintenance (Z) The map entitled ‘‘De Soto Unit FL– tion from paper to digital maps and a time- are performed, regardless of the source of 73P Rattlesnake Key Unit FL–78 Bishop Har- table for completion of the digitization of all funding— bor Unit FL–82’’ and dated March 18, 2016, maps related to the System.’’. (i) by an employee of the Bureau; or with respect to Unit FL–73P, Unit FL–78, and (c) REPEAL OF REPORT.—Section 3 of Public (ii) through a contract entered into by the Unit FL–82. Law 109–226 (16 U.S.C. 3503 note) is repealed. Commissioner. (AA) The map entitled ‘‘Passage Key Unit TITLE VIII—WATER AND POWER (9) SECRETARY.—The term ‘‘Secretary’’ FL–80P Egmont Key Unit FL–81/FL–81P The Reefs Unit P24P (1 of 2)’’ and dated March 18, Subtitle A—Reclamation Title Transfer means the Secretary, acting through the 2016, with respect to Unit FL–80P, Unit FL– SEC. 8001. PURPOSE. Commissioner of Reclamation. 81, and Unit FL–81P. The purpose of this subtitle is to facilitate SEC. 8003. AUTHORIZATION OF TRANSFERS OF (BB) The map entitled ‘‘Cockroach Bay the transfer of title to Reclamation project TITLE TO ELIGIBLE FACILITIES. Unit FL–83’’ and dated March 18, 2016, with facilities to qualifying entities on the com- (a) AUTHORIZATION.— respect to Unit FL–83. pletion of repayment of capital costs. (1) IN GENERAL.—Subject to the require- (CC) The map entitled ‘‘Sand Key Unit FL– SEC. 8002. DEFINITIONS. ments of this subtitle, the Secretary, with- 85P’’ and dated March 18, 2016, with respect In this subtitle: out further authorization from Congress, to Unit FL–85P. (1) CONVEYED PROPERTY.—The term ‘‘con- may, on application of a qualifying entity, (DD) The map entitled ‘‘Pepperfish Keys veyed property’’ means an eligible facility convey to a qualifying entity all right, title, Unit P26’’ and dated March 18, 2016, with re- that has been conveyed to a qualifying enti- and interest of the United States in and to spect to Unit P26. ty under section 8003. any eligible facility, if— (EE) The map entitled ‘‘Peninsula Point (2) ELIGIBLE FACILITY.—The term ‘‘eligible (A) not later than 90 days before the date Unit FL–89’’ and dated March 18, 2016, with facility’’ means a facility that meets the cri- on which the Secretary makes the convey- respect to Unit FL–89. teria for potential transfer established under ance, the Secretary submits to Congress— (FF) The map entitled ‘‘Phillips Inlet Unit section 8004(a). (i) a written notice of the proposed convey- FL–93/FL–93P Deer Lake Complex FL–94’’ (3) FACILITY.— ance; and and dated March 18, 2016, with respect to (A) IN GENERAL.—The term ‘‘facility’’ in- (ii) a description of the reasons for the con- Unit FL–93, Unit FL–93P, and Unit FL–94. cludes a dam or appurtenant works, canal, veyance; and (GG) The map entitled ‘‘St. Andrew Com- lateral, ditch, gate, control structure, pump- (B) a joint resolution disapproving the con- plex P31 (1 of 3)’’ and dated October 7, 2016, ing station, other infrastructure, rec- veyance is not enacted before the date on with respect to Unit P31. reational facility, building, distribution and which the Secretary makes the conveyance. (HH) The map entitled ‘‘St. Andrew Com- drainage works, and associated land or inter- (2) CONSULTATION.—A conveyance under plex P31 (2 of 3)’’ and dated October 7, 2016, est in land or water. paragraph (1) shall be made by written agree- with respect to Unit P31. (B) EXCLUSIONS.—The term ‘‘facility’’ does ment between the Secretary and the quali- (II) The map entitled ‘‘St. Andrew Complex not include a Reclamation project facility, fying entity, developed in consultation with P31/P31P (3 of 3)’’ and dated October 7, 2016, or a portion of a Reclamation project facil- any existing water and power customers af- with respect to Unit P31 and Unit P31P. ity— fected by the conveyance of the eligible fa- (3) LIMITATIONS.—For purposes of para- (i) that is a reserved works as of the date cility. graph (1)— of enactment of this Act; (b) RESERVATION OF EASEMENT.—The Sec- (A) nothing in this subsection affects the (ii) that generates hydropower marketed retary may reserve an easement over a con- boundaries of any of Units NC–06 and NC– by a Federal power marketing administra- veyed property if— 06P; tion; or (1) the Secretary determines that the ease- (B) the occurrence in paragraph (2) of the (iii) that is managed for recreation under a ment is necessary for the management of name of a Unit solely in the title of a map lease, permit, license, or other management any interests retained by the Federal Gov- shall not be construed to be a reference to agreement that does contribute to capital re- ernment under this subtitle; such Unit; and payment. (2) the Reclamation project or a portion of (C) the depiction of boundaries of any of (4) PROJECT USE POWER.—The term ‘‘project the Reclamation project remains under Fed- Units P18P, FL–71P, and P24P in a map re- use power’’ means the electrical capacity, eral ownership; and ferred to in subparagraph (V), (X), or (AA) of energy, and associated ancillary service (3) the Secretary enters into an agreement paragraph (2) shall not be construed to affect components required to provide the min- regarding the easement with the applicable the boundaries of such Unit. imum electrical service needed to operate or qualifying entity.

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(c) INTERESTS IN WATER.—No interests in (i) the Secretary determines in writing (1) by striking paragraph (1) and inserting water shall be conveyed under this subtitle that the withdrawn land is encumbered by the following: unless the conveyance is provided for in a facilities to the extent that the withdrawn ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— separate, quantified agreement between the land is unsuitable for return to the public ‘‘(A) IN GENERAL.—There is authorized to Secretary and the qualifying entity, subject domain; and be appropriated to the Secretary to be used to applicable State law and public process (ii) the qualifying entity agrees to pay fair by the Bureau of Reclamation to make the requirements. market value based on historical or existing annual base funding contributions to the Re- SEC. 8004. ELIGIBILITY CRITERIA. uses for the withdrawn land to be conveyed. covery Implementation Programs $10,000,000 (a) ESTABLISHMENT.—The Secretary shall (c) HOLD HARMLESS.—No conveyance under for each of fiscal years 2020 through 2023. establish criteria for determining whether a this subtitle shall adversely impact applica- ‘‘(B) NONREIMURSABLE FUNDS.—The funds facility is eligible for conveyance under this ble Federal power rates, repayment obliga- contributed to the Recovery Implementation subtitle. tions, or other project power uses. Programs under subparagraph (A) shall be (b) MINIMUM REQUIREMENTS.— SEC. 8005. LIABILITY. considered a nonreimbursable Federal ex- (1) AGREEMENT OF QUALIFYING ENTITY.—The (a) IN GENERAL.—Effective on the date of penditure.’’; and criteria established under subsection (a) conveyance of any eligible facility under this (2) in paragraph (2), by striking the fourth, shall include a requirement that a qualifying subtitle, the United States shall not be held fifth, sixth, and seventh sentences. entity shall agree— liable by any court for damages of any kind SEC. 8102. REPORT ON RECOVERY IMPLEMENTA- (A) to accept title to the eligible facility; arising out of any act, omission, or occur- TION PROGRAMS. (B) to use the eligible facility for substan- rence relating to the eligible facility, other Section 3 of Public Law 106–392 (114 Stat. tially the same purposes for which the eligi- than damages caused by acts of negligence 1603; 126 Stat. 2444) is amended by adding at ble facility is being used at the time the Sec- committed by the United States or by agents the end the following: retary evaluates the potential transfer; and or employees of the United States prior to ‘‘(j) REPORT.— (C) to provide, as consideration for the as- the date of the conveyance. ‘‘(1) IN GENERAL.—Not later than Sep- sets to be conveyed, compensation to the (b) EFFECT.—Nothing in this section in- tember 30, 2021, the Secretary shall submit reclamation fund established by the first creases the liability of the United States be- to the appropriate committees of Congress a section of the Act of June 17, 1902 (32 Stat. yond that currently provided in chapter 171 report that— 388, chapter 1093), in an amount that is the of title 28, United States Code (commonly ‘‘(A) describes the accomplishments of the equivalent of the net present value of any re- known as the ‘‘Federal Tort Claims Act’’). Recovery Implementation Programs; payment obligation to the United States or SEC. 8006. BENEFITS. ‘‘(B) identifies— other income stream that the United States After a conveyance of an eligible facility ‘‘(i) as of the date of the report, the listing derives from the eligible facility to be trans- under this subtitle— status under the Endangered Species Act of ferred, as of the date of the transfer. (1) the conveyed property shall no longer 1973 (16 U.S.C. 1531 et seq.) of the Colorado (2) DETERMINATIONS OF SECRETARY.—The be considered to be part of a Reclamation pikeminnow, humpback chub, razorback criteria established under subsection (a) project; sucker, and bonytail; and shall include a requirement that the Sec- (2) except as provided in paragraph (3), the ‘‘(ii) as of September 30, 2023, the projected retary shall— qualifying entity to which the conveyed listing status under that Act of each of the (A) be able to enter into an agreement with property is conveyed shall not be eligible to species referred to in clause (i); the qualifying entity with respect to the receive any benefits, including project use ‘‘(C)(i) identifies— legal, institutional, and financial arrange- power, with respect to the conveyed prop- ‘‘(I) the total expenditures and the expend- ments relating to the conveyance; erty, except for any benefit that would be itures by categories of activities by the Re- (B) determine that the proposed transfer— available to a similarly situated entity with covery Implementation Programs during the (i) would not have an unmitigated signifi- respect to property that is not a part of a period beginning on the date on which the cant effect on the environment; Reclamation project; and applicable Recovery Implementation Pro- (ii) is consistent with the responsibilities (3) the qualifying entity to which the con- gram was established and ending on Sep- of the Secretary— veyed property is conveyed may be eligible tember 30, 2021; and (I) in the role as trustee for federally rec- to receive project use power if— ‘‘(II) projected expenditures by the Recov- ognized Indian Tribes; and (A) the qualifying entity is receiving ery Implementation Programs during the pe- (II) to ensure compliance with any applica- project use power as of the date of enact- riod beginning on October 1, 2021, and ending ble international and Tribal treaties and ment of this Act; on September 30, 2023; and agreements and interstate compacts and (B) the project use power will be used for ‘‘(ii) for purposes of the expenditures iden- agreements; the delivery of Reclamation project water; tified under clause (i), includes a description (iii) is in the financial interest of the and of— United States; (C) the Secretary and the qualifying entity ‘‘(I) any expenditures of appropriated (iv) protects the public aspects of the eligi- enter into an agreement under which the funds; ble facility, including water rights managed qualifying entity agrees to continue to be re- ‘‘(II) any power revenues; ‘‘(III) any contributions by the States, for public purposes, such as flood control or sponsible for a proportionate share of oper- power customers, Tribes, water users, and fish and wildlife; ation and maintenance and capital costs for environmental organizations; and (v) complies with all applicable Federal the Federal facilities that generate and de- ‘‘(IV) any other sources of funds for the Re- and State law; and liver, if applicable, power used for delivery of covery Implementation Programs; and (vi) will not result in an adverse impact on Reclamation project water after the date of ‘‘(D) describes— fulfillment of existing water delivery obliga- conveyance, in accordance with Reclamation ‘‘(i) any activities to be carried out under tions consistent with historical operations project use power rates. and applicable contracts; and the Recovery Implementation Program after SEC. 8007. COMPLIANCE WITH OTHER LAWS. (C) if the eligible facility proposed to be September 30, 2023; and (a) IN GENERAL.—Before conveying an eli- transferred is a dam or diversion works (not ‘‘(ii) the projected cost of the activities de- gible facility under this subtitle, the Sec- scribed under clause (i). including canals or other project features retary shall comply with all applicable Fed- that receive or convey water from the divert- ‘‘(2) CONSULTATION REQUIRED.—The Sec- eral environmental laws, including— retary shall consult with the participants in ing works) diverting water from a water (1) the National Environmental Policy Act body containing a species listed as a threat- the Recovery Implementation Programs in of 1969 (42 U.S.C. 4321 et seq.); preparing the report under paragraph (1).’’. ened species or an endangered species or crit- (2) the Endangered Species Act of 1973 (16 ical habitat under the Endangered Species U.S.C. 1531 et seq.); and Subtitle C—Yakima River Basin Water Enhancement Project Act of 1973 (16 U.S.C. 1531 et seq.), determine (3) subtitle III of title 54, United States that— Code. SEC. 8201. AUTHORIZATION OF PHASE III. (i) the eligible facility continues to comply (b) SENSE OF CONGRESS.—It is the sense of (a) DEFINITIONS.—In this section: with the Endangered Species Act of 1973 (16 Congress that any Federal permitting and (1) INTEGRATED PLAN.—The term ‘‘Inte- U.S.C. 1531 et seq.) in a manner that provides review processes required with respect to a grated Plan’’ means the Yakima River Basin no less protection to the listed species as ex- conveyance of an eligible facility under this Integrated Water Resource Management isted under Federal ownership; and subtitle should be completed with the max- Plan, the Federal elements of which are (ii) the eligible facility is not part of the imum efficiency and effectiveness. known as ‘‘phase III of the Yakima River Central Valley Project in the State of Cali- Subtitle B—Endangered Fish Recovery Basin Water Enhancement Project’’, as de- fornia. Programs scribed in the Bureau of Reclamation docu- (3) STATUS OF RECLAMATION LAND.—The cri- ment entitled ‘‘Record of Decision for the teria established under subsection (a) shall SEC. 8101. EXTENSION OF AUTHORIZATION FOR Yakima River Basin Integrated Water Re- ANNUAL BASE FUNDING OF FISH RE- require that any land to be conveyed out of COVERY PROGRAMS; REMOVAL OF source Management Plan Final Pro- Federal ownership under this subtitle is— CERTAIN REPORTING REQUIRE- grammatic Environmental Impact State- (A) land acquired by the Secretary; or MENT. ment’’ and dated March 2, 2012. (B) land withdrawn by the Secretary, only Section 3(d) of Public Law 106–392 (114 Stat. (2) IRRIGATION ENTITY.—The term ‘‘irriga- if— 1604; 126 Stat. 2444) is amended— tion entity’’ means a district, project, or

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State-recognized authority, board of control, and operation of a proposed project or activ- (A) IN GENERAL.—Any additional stored agency, or entity located in the Yakima ity is in the best interest of the public; and water made available by the construction of River basin that manages and delivers irriga- (D) in accordance with applicable laws, in- a facility to access and deliver inactive and tion water to farms in the Yakima River cluding— natural storage in Kachess Lake and Res- basin. (i) the National Environmental Policy Act ervoir under this subsection— (3) PRORATABLE IRRIGATION ENTITY.—The of 1969 (42 U.S.C. 4321 et seq.); and (i) shall be considered to be Yakima term ‘‘proratable irrigation entity’’ means (ii) the Endangered Species Act of 1973 (16 Project water; an irrigation entity that possesses, or the U.S.C. 1531 et seq.). (ii) shall be used exclusively by the Sec- members of which possess, proratable water (4) EFFECT OF SUBSECTION.—Nothing in this retary to enhance the water supply during (as defined in section 1202 of Public Law 103– subsection— years for which the total water supply avail- 434 (108 Stat. 4551)). (A) shall be considered to be a new or sup- able is not sufficient to provide a percentage (4) STATE.—The term ‘‘State’’ means the plemental benefit for purposes of the Rec- of proratable entitlements in order to make State of Washington. lamation Reform Act of 1982 (43 U.S.C. 390aa that additional water available, in a quan- (5) TOTAL WATER SUPPLY AVAILABLE.—The et seq.); tity representing not more than 70 percent of term ‘‘total water supply available’’ has the (B) affects— proratable entitlements to the Kittitas Rec- meaning given the term in applicable civil (i) any contract in existence on the date of lamation District, the Roza Irrigation Dis- actions, as determined by the Secretary. enactment of this Act that was executed pur- trict, or any other proratable irrigation enti- (6) YAKIMA RIVER BASIN WATER ENHANCE- suant to the reclamation laws; or ty participating in the construction, oper- MENT PROJECT.—The term ‘‘Yakima River (ii) any contract or agreement between the ation, or maintenance costs of a facility Basin Water Enhancement Project’’ means Bureau of Indian Affairs and the Bureau of under this section, in accordance with such the Yakima River basin water enhancement Reclamation; terms and conditions as the districts may project authorized by Congress pursuant to (C) affects, waives, abrogates, diminishes, agree, subject to the conditions that— title XII of Public Law 103–434 (108 Stat. 4550; defines, or interprets any treaty between the (I) the Bureau of Indian Affairs, the 114 Stat. 1425) and other Acts (including Pub- Yakama Nation and the United States; or Wapato Irrigation Project, and the Yakama lic Law 96–162 (93 Stat. 1241), section 109 of (D) constrains the authority of the Sec- Nation, on an election to participate, may Public Law 98–381 (16 U.S.C. 839b note), and retary to provide fish passage in the Yakima also obtain water from Kachess Reservoir in- Public Law 105–62 (111 Stat. 1320)) to promote River basin, in accordance with the Hoover active storage to enhance applicable existing water conservation, water supply, habitat, Power Plant Act of 1984 (43 U.S.C. 619 et irrigation water supply in accordance with and stream enhancement improvements in seq.). such terms and conditions as the Bureau of the Yakima River basin. (5) PROGRESS REPORT.—Not later than 5 Indian Affairs and the Yakama Nation may (b) INTEGRATED PLAN.— years after the date of enactment of this agree; and (1) INITIAL DEVELOPMENT PHASE.— Act, the Secretary, in conjunction with the (II) the additional supply made available (A) IN GENERAL.—As the initial develop- State and in consultation with the Yakama under this clause shall be available to par- ment phase of the Integrated Plan, the Sec- Nation, shall submit to the Committee on ticipating individuals and entities based on— retary, in coordination with the State and Energy and Natural Resources of the Senate (aa) the proportion that— the Yakama Nation, shall identify and im- and the Committee on Natural Resources of plement projects under the Integrated Plan the House of Representatives a progress re- (AA) the proratable entitlement of each that are prepared to be commenced during port on the development and implementa- participating individual or entity; bears to the 10-year period beginning on the date of tion of the Integrated Plan. (BB) the proratable entitlements of all par- enactment of this Act. (c) FINANCING, CONSTRUCTION, OPERATION, ticipating individuals and entities; or (B) REQUIREMENT.—The initial develop- AND MAINTENANCE OF KACHESS DROUGHT RE- (bb) such other proportion as the partici- ment phase of the Integrated Plan under sub- LIEF PUMPING PLANT AND KEECHELUS TO pating entities may agree; and paragraph (A) shall be carried out in accord- KACHESS PIPELINE.— (iii) shall not be any portion of the total ance with— (1) LONG-TERM AGREEMENTS.— water supply available. (i) this subsection, including any related (A) IN GENERAL.—A long-term agreement (B) EFFECT OF PARAGRAPH.—Nothing in this plans, reports, and correspondence referred negotiated pursuant to this section or the paragraph affects, as in existence on the date to in this subsection; and reclamation laws between the Secretary and of enactment of this Act, any— (ii) title XII of Public Law 103–434 (108 a participating proratable irrigation entity (i) contract; Stat. 4550; 114 Stat. 1425). in the Yakima River basin for the non-Fed- (ii) law (including regulations) relating to (2) INTERMEDIATE AND FINAL DEVELOPMENT eral financing, construction, operation, or repayment costs; PHASES.— maintenance of the Drought Relief Pumping (iii) water rights; or (A) PLANS.—The Secretary, in coordination Plant or the Keechelus to Kachess Pipeline (iv) treaty right of the Yakama Nation. with the State and the Yakama Nation, shall shall include provisions regarding— (3) PROJECT POWER FOR KACHESS PUMPING develop plans for the intermediate and final (i) responsibilities of each participating PLANT.— development phases of the Integrated Plan proratable irrigation entity for— (A) IN GENERAL.—Subject to subparagraphs to achieve the purposes of title XII of Public (I) the planning, design, and construction (B) through (D), the Administrator of the Law 103–434 (108 Stat. 4550; 114 Stat. 1425), in- of infrastructure, in consultation and coordi- Bonneville Power Administration, pursuant cluding conducting applicable feasibility nation with the Secretary; and to the Pacific Northwest Electric Power studies, environmental reviews, and other (II) the pumping and operational costs nec- Planning and Conservation Act (16 U.S.C. 839 relevant studies required to develop those essary to provide the total water supply et seq.), shall provide to the Secretary plans. available that is made inaccessible due to project power to operate the Kachess Pump- (B) INTERMEDIATE DEVELOPMENT PHASE.— drought pumping during any preceding cal- ing Plant constructed under this section if The Secretary, in coordination with the endar year, if the Kachess Reservoir fails to inactive storage in the Kachess Reservoir is State and the Yakama Nation, shall develop refill as a result of pumping drought storage needed to provide drought relief for irriga- an intermediate development phase of the water during such a calendar year; tion. Integrated Plan, to commence not earlier (ii) property titles and responsibilities of (B) DETERMINATIONS BY SECRETARY.—The than the date that is 10 years after the date each participating proratable irrigation enti- project power described in subparagraph (A) of enactment of this Act. ty for the maintenance of, and liability for, may be provided only if the Secretary deter- (C) FINAL DEVELOPMENT PHASE.—The Sec- all infrastructure constructed under title XII mines that— retary, in coordination with the State and of Public Law 103–434 (108 Stat. 4550; 114 Stat. (i) there are in effect— the Yakama Nation, shall develop a final de- 1425); (I) a drought declaration issued by the velopment phase of the Integrated Plan, to (iii) operation and integration of the State; and commence not earlier than the date that is projects by the Secretary in the operation of (II) conditions that have led to 70 percent 20 years after the date of enactment of this the Yakima Project; and or lower water delivery to proratable irriga- Act. (iv) costs associated with the design, fi- tion districts; and (3) REQUIREMENTS.—The projects and ac- nancing, construction, operation, mainte- (ii) it is appropriate to provide the power tivities identified by the Secretary for im- nance, and mitigation of projects, with the under that subparagraph. plementation under the Integrated Plan costs of Federal oversight and review to be (C) PERIOD OF AVAILABILITY.—The power shall be carried out only— nonreimbursable to the participating prorat- described in subparagraph (A) shall be pro- (A) subject to authorization and appropria- able irrigation entities and the Yakima vided during the period— tion; Project. (i) beginning on the date on which the Sec- (B) contingent on the completion of appli- (B) TREATMENT.—A facility developed or retary makes the determinations described cable feasibility studies, environmental re- operated by a participating proratable irri- in subparagraph (B); and views, and cost-benefit analyses that include gation entity under this subsection shall not (ii) ending on the earlier of— favorable recommendations for further be considered to be a supplemental work for (I) the date that is 1 year after that date; project development; purposes of section 9(a) of the Reclamation and (C) on public review and a determination Project Act of 1939 (43 U.S.C. 485h(a)). (II) the date on which the Secretary deter- by the Secretary that design, construction, (2) KACHESS RESERVOIR.— mines that—

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2205 (aa) drought mitigation measures are still intended to partially implement the Inte- (A) by inserting ‘‘an increase in’’ before necessary in the Yakima River basin; or grated Plan by providing conserved water to ‘‘voluntary’’; and (bb) the power should no longer be provided improve tributary and mainstem stream (B) by striking ‘‘and’’ at the end; for any other reason. flow. (9) by inserting after paragraph (6) (as so (D) RATE.— (h) INDIAN IRRIGATION PROJECTS.— redesignated) the following: (i) IN GENERAL.—The Administrator of the (1) IN GENERAL.—The Secretary, acting ‘‘(7) to encourage an increase in the use of, Bonneville Power Administration shall pro- through the Commissioner of Reclamation, and reduce the barriers to, water transfers, vide project power under subparagraph (A) at may contribute funds for the preparation of leasing, markets, and other voluntary trans- the then-applicable lowest Bonneville Power plans and investigation measures, and, after actions among public and private entities to Administration rate for public body, cooper- the date on which the Secretary certifies enhance water management in the Yakima ative, and Federal agency customer firm ob- that the measures are consistent with the River basin;’’; ligations on the date on which the authority water conservation objectives of this section, (10) in paragraph (8) (as so redesignated), is provided. to any Indian irrigation project— by striking the period at the end and insert- (ii) NO DISCOUNTS.—The rate under clause (A) that is located in the Pacific Northwest ing ‘‘; and’’; and (i) shall not include any irrigation discount. Region; (11) by adding at the end the following: (E) LOCAL PROVIDER.—During any period (B) that is identified in the report of the ‘‘(9) to improve the resilience of the eco- for which project power is not provided Government Accountability Office numbered systems, economies, and communities in the under subparagraph (A), the Secretary shall GAO–15–453T; Yakima River basin facing drought, hydro- obtain power to operate the Kachess Pump- (C) that has been identified as part of a Bu- logic changes, and other related changes and ing Plant from a local provider. reau of Reclamation basin study pursuant to variability in natural and human systems, subtitle F of title IX of Public Law 111–11 (42 (F) OTHER COSTS.—The cost of power for for the benefit of the people, fish, and wild- pumping and station service, and the costs of U.S.C. 10361 et seq.) to increase water supply life of the region.’’. transmitting power from the Federal Colum- for the Pacific Northwest Region; and (D) an improvement to which would con- (b) DEFINITIONS.—Section 1202 of Public bia River power system to the pumping fa- Law 103–434 (108 Stat. 4550) is amended— cilities of the Yakima River Basin Water En- tribute to the flow of interstate water. UTHORIZATION OF APPROPRIATIONS.— (1) by redesignating paragraphs (6), (7), (8), hancement Project, shall be borne by the ir- (2) A There is authorized to be appropriated to (9), (10), (11), (12), (13), and (14) as paragraphs rigation districts receiving the benefits of carry out this subsection $75,000,000. (8), (10), (11), (12), (13), (14), (15), (17), and (18), the applicable water. SEC. 8202. MODIFICATION OF PURPOSES AND respectively; (G) DUTIES OF COMMISSIONER.—For purposes DEFINITIONS. (2) by inserting after paragraph (5) the fol- of this paragraph, the Commissioner of Rec- (a) PURPOSES.—Section 1201 of Public Law lowing: lamation shall arrange transmission for any 103–434 (108 Stat. 4550) is amended— ‘‘(6) DESIGNATED FEDERAL OFFICIAL.—The delivery of— (1) by striking paragraph (1) and inserting term ‘designated Federal official’ means the (i) Federal power over the Bonneville sys- the following: Commissioner of Reclamation (or a des- tem through applicable tariff and business ‘‘(1) to protect, mitigate, and enhance fish ignee), acting pursuant to the charter of the practice processes of that system; or and wildlife and the recovery and mainte- Conservation Advisory Group. (ii) power obtained from any local pro- nance of self-sustaining harvestable popu- ‘‘(7) INTEGRATED PLAN.—The term ‘Inte- vider. lations of fish and other aquatic life, both grated Plan’ has the meaning given the term (d) DESIGN AND USE OF GROUNDWATER RE- anadromous and resident species, throughout in section 8201(a) of the Natural Resources CHARGE PROJECTS.—The Secretary, in coordi- their historic distribution range in the Yak- Management Act, to be carried out in co- nation with the State and the Yakama Na- ima Basin through— operation with, and in addition to, activities tion, may provide technical assistance for, ‘‘(A) improved water management and the of the State of Washington and the Yakama participate in, and enter into agreements, in- constructions of fish passage at storage and Nation.’’; cluding with irrigation entities for the use of diversion dams, as authorized under the Hoo- excess conveyance capacity in Yakima River (3) by inserting after paragraph (8) (as re- ver Power Plant Act of 1984 (43 U.S.C. 619 et Basin Water Enhancement Project facilities, designated by paragraph (1)) the following: seq.); for— ‘‘(9) MUNICIPAL, INDUSTRIAL, AND DOMESTIC ‘‘(B) improved instream flows and water (1) groundwater recharge projects; and WATER SUPPLY AND USE.—The term ‘munic- supplies; (2) aquifer storage and recovery projects. ipal, industrial, and domestic water supply ‘‘(C) improved water quality, watershed, (e) OPERATIONAL CONTROL OF WATER SUP- and use’ means the supply and use of water and ecosystem function; PLIES.— for— ‘‘(D) protection, creation, and enhance- (1) IN GENERAL.—The Secretary shall retain ‘‘(A) domestic consumption (whether urban authority and discretion over the manage- ment of wetlands; and or rural); ment of Yakima River Basin Water Enhance- ‘‘(E) other appropriate means of habitat ‘‘(B) maintenance and protection of public ment Project supplies— improvement;’’; health and safety; (A) to optimize operational use and flexi- (2) in paragraph (2), by inserting ‘‘, munic- ‘‘(C) manufacture, fabrication, processing, bility; and ipal, industrial, and domestic water supply assembly, or other production of a good or (B) to ensure compliance with all applica- and use purposes, especially during drought commodity; ble Federal and State laws, treaty rights of years, including reducing the frequency and ‘‘(D) production of energy; the Yakama Nation, and legal obligations, severity of water supply shortages for pro- ‘‘(E) fish hatcheries; or including those under title XII of Public Law ratable irrigation entities’’ before the semi- ‘‘(F) water conservation activities relating 103–434 (108 Stat. 4550; 114 Stat. 1425). colon at the end; to a use described in subparagraphs (A) (3) by striking paragraph (4); (2) INCLUSION.—The authority and discre- through (E).’’; and tion described in paragraph (1) shall include (4) by redesignating paragraph (3) as para- (4) by inserting after paragraph (15) (as so the ability of the United States to store, de- graph (4); redesignated) the following: liver, conserve, and reuse water supplies de- (5) by inserting after paragraph (2) the fol- ‘‘(16) YAKIMA ENHANCEMENT PROJECT; YAK- riving from projects authorized under title lowing: IMA RIVER BASIN WATER ENHANCEMENT XII of Public Law 103–434 (108 Stat. 4550; 114 ‘‘(3) to authorize the Secretary to make PROJECT.—The terms ‘Yakima Enhancement Stat. 1425). water available for purchase or lease for Project’ and ‘Yakima River Basin Water En- (f) COOPERATIVE AGREEMENTS AND meeting municipal, industrial, and domestic hancement Project’ mean the Yakima River GRANTS.—The Secretary may enter into co- water supply purposes;’’; basin water enhancement project authorized operative agreements and make grants to (6) by redesignating paragraphs (5) and (6) by Congress pursuant to this Act and other carry out this section, including for the pur- as paragraphs (6) and (8), respectively; Acts (including Public Law 96–162 (93 Stat. poses of land and water transfers, leases, and (7) by inserting after paragraph (4) (as re- 1241), section 109 of Public Law 98–381 (16 acquisitions from willing participants, sub- designated by paragraph (4)) the following: U.S.C. 839b note; 98 Stat. 1340), Public Law ject to the condition that the acquiring enti- ‘‘(5) to realize sufficient water savings 105–62 (111 Stat. 1320), and Public Law 106–372 ty shall hold title to, and be responsible for, from implementing the Yakima River Basin (114 Stat. 1425)) to promote water conserva- all required operation, maintenance, and Integrated Water Resource Management tion, water supply, habitat, and stream en- management of the acquired land or water Plan, so that not less than 85,000 acre feet of hancement improvements in the Yakima during any period in which the acquiring en- water savings are achieved by implementing River basin.’’. tity holds title to the acquired land. the initial development phase of the Inte- SEC. 8203. YAKIMA RIVER BASIN WATER CON- (g) WATER CONSERVATION PROJECTS.—The grated Plan pursuant to section 8201(b)(1) of SERVATION PROGRAM. Secretary may participate in, provide fund- the Natural Resources Management Act, in ing for, and accept non-Federal financing for addition to the 165,000 acre-feet of water sav- Section 1203 of Public Law 103–434 (108 water conservation projects, regardless of ings targeted through the Basin Conserva- Stat. 4551) is amended— whether the projects are in accordance with tion Program, as authorized on October 31, (1) in subsection (a)— the Yakima River Basin Water Conservation 1994;’’; (A) in paragraph (1)— Program established under section 1203 of (8) in paragraph (6) (as redesignated by (i) in the second sentence, by striking Public Law 103–434 (108 Stat. 4551), that are paragraph (6))— ‘‘title’’ and inserting ‘‘section’’; and

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2206 CONGRESSIONAL RECORD — HOUSE February 26, 2019 (ii) in the third sentence, by striking (6) in subsection (j)(4), in the first sen- tributary enhancement projects pursuant to ‘‘within 5 years of the date of enactment of tence, by striking ‘‘initial acquisition’’ and this section’’ after ‘‘water right owners’’; and this Act’’; and all that follows through ‘‘flushing flows’’ and (ii) in subparagraph (B), by inserting ‘‘non- (B) in paragraph (2), by striking ‘‘irriga- inserting ‘‘acquisition of water from willing participating’’ before ‘‘tributary water tion’’ and inserting ‘‘the number of irrigated sellers or lessors specifically to provide im- users’’; acres’’; proved instream flows for anadromous and (3) in subsection (b)— (2) in subsection (c)— resident fish and other aquatic life, including (A) in paragraph (1)— (A) in paragraph (2)— pulse flows to facilitate outward migration (i) by striking the paragraph designation (i) in each of subparagraphs (A) through of anadromous fish’’. and all that follows through ‘‘(but not lim- (D), by striking the comma at the end of the SEC. 8204. YAKIMA BASIN WATER PROJECTS, OP- ited to)—’’ and inserting the following: subparagraph and inserting a semicolon; ERATIONS, AND AUTHORIZATIONS. ‘‘(1) IN GENERAL.—The Secretary, following (ii) in subparagraph (E), by striking the (a) REDESIGNATION OF YAKAMA NATION.— consultation with the State of Washington, comma at the end and inserting ‘‘; and’’; Section 1204(g) of Public Law 103–434 (108 tributary water right owners, and the (iii) in subparagraph (F), by striking ‘‘De- Stat. 4557) is amended— Yakama Nation, and on agreement of appro- partment of Wildlife of the State of Wash- (1) by striking the subsection designation priate water right owners, is authorized to ington, and’’ and inserting ‘‘Department of and heading and all that follows through conduct studies to evaluate measures to fur- Fish and Wildlife of the State of Wash- paragraph (1) and inserting the following: ther Yakima Project purposes on tributaries ington.’’; and ‘‘(g) REDESIGNATION OF YAKAMA INDIAN NA- to the Yakima River. Enhancement pro- (iv) by striking subparagraph (G); TION TO YAKAMA NATION.— grams that use measures authorized by this (B) in paragraph (3)— ‘‘(1) REDESIGNATION.—The Confederated subsection may be investigated and imple- (i) in each of subparagraphs (A) through Tribes and Bands of the Yakama Indian Na- mented by the Secretary in tributaries to (C), by striking the comma at the end of the tion shall be known and designated as the the Yakima River, including Taneum Creek, subparagraph and inserting a semicolon; ‘Confederated Tribes and Bands of the other areas, or tributary basins that cur- (ii) in subparagraph (D), by striking ‘‘, Yakama Nation’.’’; and rently or could potentially be provided sup- and’’ at the end and inserting a semicolon; (2) in paragraph (2), by striking ‘‘deemed to plemental or transfer water by entities, such (iii) in subparagraph (E), by striking the be a reference to the ‘Confederated Tribes as the Kittitas Reclamation District or the period at the end and inserting ‘‘; and’’; and and Bands of the Yakama Indian Nation’.’’ Yakima-Tieton Irrigation District, subject (iv) by adding at the end the following: and inserting ‘‘deemed to be a reference to to the condition that activities may com- ‘‘(F) provide recommendations to advance the ‘Confederated Tribes and Bands of the mence on completion of applicable and re- the purposes and programs of the Yakima Yakama Nation’.’’. quired feasibility studies, environmental re- Enhancement Project, including the Inte- (b) OPERATION OF YAKIMA BASIN views, and cost-benefit analyses that include grated Plan.’’; and PROJECTS.—Section 1205 of Public Law 103– favorable recommendations for further (C) by striking paragraph (4) and inserting 434 (108 Stat. 4557) is amended— project development, as appropriate. Meas- the following: (1) in subsection (a)(4)— ures to evaluate include—’’; ‘‘(4) AUTHORITY OF DESIGNATED FEDERAL OF- (A) in subparagraph (A)— (ii) by indenting subparagraphs (A) FICIAL.—The designated Federal official (i) in clause (i)— through (F) appropriately; may— (I) by inserting ‘‘additional’’ after ‘‘se- (iii) in subparagraph (A), by inserting be- ‘‘(A) arrange and provide logistical support cure’’; fore the semicolon at the end the following: for meetings of the Conservation Advisory (II) by striking ‘‘flushing’’ and inserting ‘‘, including irrigation efficiency improve- Group; ‘‘pulse’’; and ments (in coordination with programs of the ‘‘(B) use a facilitator to serve as a moder- (III) by striking ‘‘uses’’ and inserting Department of Agriculture), consolidation of ator for meetings of the Conservation Advi- ‘‘uses, in addition to the quantity of water diversions or administration, and diversion sory Group or provide additional logistical provided under the treaty between the scheduling or coordination’’; support; and Yakama Nation and the United States’’; (iv) by redesignating subparagraphs (C) ‘‘(C) grant any request for a facilitator by (ii) by striking clause (ii); through (F) as subparagraphs (E) through any member of the Conservation Advisory (iii) by redesignating clause (iii) as clause (H), respectively; Group.’’; (ii); and (v) by inserting after subparagraph (B) the (3) in subsection (d), by adding at the end (iv) in clause (ii) (as so redesignated) by in- following: the following: serting ‘‘and water rights mandated’’ after ‘‘(C) improvements in irrigation system ‘‘(4) PAYMENT OF LOCAL SHARE BY STATE OR ‘‘goals’’; and management or delivery facilities within the FEDERAL GOVERNMENT.— (B) in subparagraph (B)(i), in the first sen- Yakima River basin when those improve- ‘‘(A) IN GENERAL.—The State or the Fed- tence, by inserting ‘‘in proportion to the ments allow for increased irrigation system eral Government may fund not more than funding received’’ after ‘‘Program’’; conveyance and corresponding reduction in the 17.5-percent local share of the costs of (2) in subsection (b), in the second sen- diversion from tributaries or flow enhance- the Basin Conservation Program in exchange tence, by striking ‘‘instream flows for use by ments to tributaries through direct flow sup- for the long-term use of conserved water, the Yakima Project Manager as flushing plementation or groundwater recharge; subject to the requirement that the funding flows or as otherwise’’ and inserting ‘‘fishery ‘‘(D) improvements of irrigation system by the Federal Government of the local purposes, as’’; and management or delivery facilities to reduce share of the costs shall provide a quantifi- (3) in subsection (e), by striking paragraph or eliminate excessively high flows caused able public benefit in meeting Federal re- (1) and inserting the following: by the use of natural streams for conveyance sponsibilities in the Yakima River basin and ‘‘(1) IN GENERAL.—Additional purposes of or irrigation water or return water;’’; the purposes of this title. the Yakima Project shall be any of the fol- (vi) in subparagraph (E) (as redesignated ‘‘(B) USE OF CONSERVED WATER.—The Yak- lowing: by clause (iv)), by striking ‘‘ground water’’ ima Project Manager may use water result- ‘‘(A) To recover and maintain self-sus- and inserting ‘‘groundwater recharge and’’; ing from conservation measures taken under taining harvestable populations of native (vii) in subparagraph (G) (as so redesig- this title, in addition to water that the Bu- fish, both anadromous and resident species, nated), by inserting ‘‘or transfer’’ after ‘‘pur- reau of Reclamation may acquire from any throughout their historic distribution range chase’’; and willing seller through purchase, donation, or in the Yakima River basin. (viii) in subparagraph (H) (as so redesig- lease, for water management uses pursuant ‘‘(B) To protect, mitigate, and enhance nated), by inserting ‘‘stream processes and’’ to this title.’’; aquatic life and wildlife. before ‘‘stream habitats’’; (4) in subsection (e), by striking the first ‘‘(C) Recreation. (B) in paragraph (2)— sentence and inserting the following: ‘‘To ‘‘(D) Municipal, industrial, and domestic (i) in the matter preceding subparagraph participate in the Basin Conservation Pro- use.’’. (A), by striking ‘‘the Taneum Creek study’’ gram, as described in subsection (b), an enti- (c) ENHANCEMENT OF WATER SUPPLIES FOR and inserting ‘‘studies under this sub- ty shall submit to the Secretary a proposed YAKIMA BASIN TRIBUTARIES.—Section 1207 of section’’; water conservation plan.’’; Public Law 103–434 (108 Stat. 4560) is amend- (ii) in subparagraph (B)— (5) in subsection (i)(3)— ed— (I) by striking ‘‘and economic’’ and insert- (A) by striking ‘‘purchase or lease’’ each (1) in the section heading, by striking ing ‘‘, infrastructure, economic, and land place it appears and inserting ‘‘purchase, ‘‘SUPPLIES’’ and inserting ‘‘MANAGEMENT’’; use’’; and lease, or management’’; and (2) in subsection (a)— (II) by striking ‘‘and’’ at the end; (B) in the third sentence, by striking (A) in the matter preceding paragraph (1), (iii) in subparagraph (C), by striking the ‘‘made immediately upon availability’’ and by striking ‘‘supplies’’ and inserting ‘‘man- period at the end and inserting ‘‘; and’’; and all that follows through ‘‘Committee’’ and agement’’; (iv) by adding at the end the following: inserting ‘‘continued as needed to provide (B) in paragraph (1), by inserting ‘‘and ‘‘(D) any related studies already underway water to be used by the Yakima Project water supply entities’’ after ‘‘owners’’; and or undertaken.’’; and Manager as recommended by the System Op- (C) in paragraph (2)— (C) in paragraph (3), in the first sentence, erations Advisory Committee and the Con- (i) in subparagraph (A), by inserting ‘‘that by inserting ‘‘of each tributary or group of servation Advisory Group’’; and choose not to participate in, or opt out of, tributaries’’ after ‘‘study’’;

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2207 (4) in subsection (c)— (2) the District shall not be eligible to re- tion of the Rock Slough fish screen facility, (A) in the subsection heading, by inserting ceive any benefits with respect to any facil- as required under the Central Valley Project ‘‘AND NONSURFACE STORAGE’’ after ‘‘NON- ity comprising that Maintenance Complex Improvement Act (Public Law 102–575; 106 STORAGE’’; and and District Office, other than benefits that Stat. 4706). (B) in the matter preceding paragraph (1), would be available to a similarly situated (7) ROCK SLOUGH FISH SCREEN FACILITY by inserting ‘‘and nonsurface storage’’ after person with respect to a facility that is not TITLE TRANSFER AGREEMENT.—The term ‘‘nonstorage’’; part of a Federal reclamation project. ‘‘Rock Slough fish screen facility title trans- (5) by striking subsection (d); (e) COMMUNICATION.—If the Secretary has fer agreement’’ means an agreement between (6) by redesignating subsection (e) as sub- not completed the conveyance required the District and the Bureau of Reclamation section (d); and under subsection (b) by the date that is 1 to— (7) in paragraph (2) of subsection (d) (as so year after the date of enactment of this Act, (A) determine the legal, institutional, and redesignated)— the Secretary shall submit to Congress a let- financial terms surrounding the transfer of (A) in the first sentence— ter with sufficient detail that— the Rock Slough fish screen facility; and (i) by inserting ‘‘and implementation’’ (1) explains the reasons the conveyance has (B) ensure the continued safe and reliable after ‘‘investigation’’; not been completed; and operations of the Rock Slough fish screen fa- (ii) by striking ‘‘other’’ before ‘‘Yakima (2) specifies the date by which the convey- cility. River’’; and ance will be completed. (b) CONVEYANCE OF LAND AND FACILITIES.— (1) IN GENERAL.—Not later than 180 days (iii) by inserting ‘‘and other water supply SEC. 8302. CONTRA COSTA CANAL TRANSFER. entities’’ after ‘‘owners’’; and after the date of enactment of this Act, in (a) DEFINITIONS.—In this section: consideration for the District assuming from (B) by striking the second sentence. (1) ACQUIRED LAND.—The term ‘‘acquired (d) CHANDLER PUMPING PLANT AND POWER- the United States all liability for the admin- land’’ means land in Federal ownership and istration, operation, maintenance, and re- PLANT-OPERATIONS AT PROSSER DIVERSION land over which the Federal Government DAM.—Section 1208(d) of Public Law 103–434 placement of the Contra Costa Canal, con- holds an interest for the purpose of the con- sistent with the terms and conditions set (108 Stat. 4562; 114 Stat. 1425) is amended by struction and operation of the Contra Costa inserting ‘‘negatively’’ before ‘‘affected’’. forth in the Contra Costa Canal Agreement Canal, including land under the jurisdiction and subject to valid existing rights and ex- Subtitle D—Bureau of Reclamation Facility of— isting recreation agreements between the Conveyances (A) the Bureau of Reclamation; Bureau of Reclamation and the East Bay Re- SEC. 8301. CONVEYANCE OF MAINTENANCE COM- (B) the Western Area Power Administra- gional Park District for Contra Loma Re- PLEX AND DISTRICT OFFICE OF THE tion; and gional Park and other local agencies within ARBUCKLE PROJECT, OKLAHOMA. (C) the Department of Defense in the case the Contra Costa Canal, the Secretary shall (a) DEFINITIONS.—In this section: of the Clayton Canal diversion traversing the offer to convey and assign to the District— (1) AGREEMENT.—The term ‘‘Agreement’’ Concord Naval Weapons Station. (A) all right, title, and interest of the means the agreement entitled ‘‘Agreement (2) CONTRA COSTA CANAL.— United States in and to— between the United States and the Arbuckle (A) IN GENERAL.—The term ‘‘Contra Costa (i) the Contra Costa Canal; and Master Conservancy District for Transfer- Canal’’ means the Contra Costa Canal Unit (ii) the acquired land; and ring Title to the Federally Owned Mainte- of the Central Valley Project, which exclu- (B) all interests reserved and developed as nance Complex and District Office to the Ar- sively serves the Contra Costa Water Dis- of the date of enactment of this Act for the buckle Master Conservancy District’’ and trict in an urban area of Contra Costa Coun- Contra Costa Canal in the acquired land, in- numbered 14AG640141. ty, California. cluding existing recreation agreements be- (2) DISTRICT.—The term ‘‘District’’ means (B) INCLUSIONS.—The term ‘‘Contra Costa tween the Bureau of Reclamation and the the Arbuckle Master Conservancy District, Canal’’ includes pipelines, conduits, pumping East Bay Regional Park District for Contra located in Murray County, Oklahoma. plants, aqueducts, laterals, water storage Loma Regional Park and other local agen- (3) DISTRICT OFFICE.—The term ‘‘District and regulatory facilities, electric sub- cies within the Contra Costa Canal. Office’’ means— stations, related works and improvements, (2) ROCK SLOUGH FISH SCREEN FACILITY.— (A) the headquarters building located at and all interests in land associated with the (A) IN GENERAL.—The Secretary shall con- 2440 East Main, Davis, Oklahoma; and Contra Costa Canal Unit of the Central Val- vey and assign to the District all right, title, (B) the approximately 0.83 acres of land de- ley Project in existence on the date of enact- and interest of the United States in and to scribed in the Agreement. ment of this Act. the Rock Slough fish screen facility pursu- (4) MAINTENANCE COMPLEX.—The term (C) EXCLUSION.—The term ‘‘Contra Costa ant to the Rock Slough fish screen facility ‘‘Maintenance Complex’’ means the care- Canal’’ does not include the Rock Slough title transfer agreement. taker’s residence, shop buildings, and any fish screen facility. (B) COOPERATION.—Not later than 180 days appurtenances located on the land described (3) CONTRA COSTA CANAL AGREEMENT.—The after the conveyance of the Contra Costa in the Agreement comprising approximately term ‘‘Contra Costa Canal Agreement’’ Canal, the Secretary and the District shall 2 acres. means an agreement between the District enter into good faith negotiations to accom- (b) CONVEYANCE TO DISTRICT.—As soon as and the Bureau of Reclamation to determine plish the conveyance and assignment under practicable after the date of enactment of the legal, institutional, and financial terms subparagraph (A). this Act, the Secretary shall convey to the surrounding the transfer of the Contra Costa (3) PAYMENT OF COSTS.—The District shall District, all right, title, and interest of the Canal, including compensation to the rec- pay to the Secretary any administrative and United States in and to the Maintenance lamation fund established by the first sec- real estate transfer costs incurred by the Complex and District Office, Arbuckle tion of the Act of June 17, 1902 (32 Stat. 388, Secretary in carrying out the conveyances Project, Oklahoma, consistent with the chapter 1093), equal to the net present value and assignments under paragraphs (1) and terms and conditions of the Agreement. of miscellaneous revenues that the United (2), including the cost of any boundary sur- (c) LIABILITY.— States would otherwise derive over the 10 vey, title search, cadastral survey, appraisal, (1) IN GENERAL.—Effective on the date of years following the date of enactment of this and other real estate transaction required conveyance to the District of the Mainte- Act from the eligible land and facilities to be for the conveyances and assignments. nance Complex and District Office under this transferred, as governed by reclamation law (4) COMPLIANCE WITH ENVIRONMENTAL section, the United States shall not be held and policy and the contracts. LAWS.— liable by any court for damages of any kind (4) CONTRACTS.—The term ‘‘contracts’’ (A) IN GENERAL.—Before carrying out the arising out of any act, omission, or occur- means the existing water service contract conveyances and assignments under para- rence relating to the Maintenance Complex between the District and the United States, graphs (1) and (2), the Secretary shall comply or District Office, except for damages caused Contract No. 175r–3401A–LTR1 (2005), Con- with all applicable requirements under— by acts of negligence committed by the tract No. 14–06–200–6072A (1972, as amended), (i) the National Environmental Policy Act United States or by an employee or agent of and any other contract or land permit in- of 1969 (42 U.S.C. 4321 et seq.); the United States prior to the date of con- volving the United States, the District, and (ii) the Endangered Species Act of 1973 (16 veyance. Contra Costa Canal. U.S.C. 1531 et seq.); and (2) APPLICABLE LAW.—Nothing in this sec- (5) DISTRICT.—The term ‘‘District’’ means (iii) any other law applicable to the Contra tion increases the liability of the United the Contra Costa Water District, a political Costa Canal or the acquired land. States beyond the liability provided in chap- subdivision of the State of California. (B) EFFECT.—Nothing in this section modi- ter 171 of title 28, United States Code (com- (6) ROCK SLOUGH FISH SCREEN FACILITY.— fies or alters any obligations under— monly known as the ‘‘Federal Tort Claims (A) IN GENERAL.—The term ‘‘Rock Slough (i) the National Environmental Policy Act Act’’), on the date of enactment of this Act. fish screen facility’’ means the fish screen of 1969 (42 U.S.C. 4321 et seq.); or (d) BENEFITS.—After the conveyance of the facility at the Rock Slough intake to the (ii) the Endangered Species Act of 1973 (16 Maintenance Complex and District Office to Contra Costa Canal. U.S.C. 1531 et seq.). the District under this section— (B) INCLUSIONS.—The term ‘‘Rock Slough (c) RELATIONSHIP TO EXISTING CENTRAL (1) the Maintenance Complex and District fish screen facility’’ includes the screen VALLEY PROJECT CONTRACTS.— Office shall not be considered to be a part of structure, rake cleaning system, and acces- (1) IN GENERAL.—Nothing in this section af- a Federal reclamation project; and sory structures integral to the screen func- fects—

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2208 CONGRESSIONAL RECORD — HOUSE February 26, 2019 (A) the application of the reclamation laws ‘‘(II) to otherwise increase the consump- (ii) subject to the guidance and instruc- to water delivered to the District pursuant tive use of water more than the water right tions issued under subparagraph (B). to any contract with the Secretary; or of the Indian tribe described in subclause (B) GUIDANCE.—As soon as practicable after (B) subject to paragraph (2), the contracts. (I).’’. the date of enactment of this Act, the Sec- (2) AMENDMENTS TO CONTRACTS.—The Sec- Subtitle G—Bureau of Reclamation retary shall issue guidance that describes retary and the District may modify the con- Transparency the applicability of the rating system appli- tracts as necessary to comply with this sec- cable under paragraph (2)(B) to Reclamation SEC. 8601. DEFINITIONS. tion. In this part: facilities. (3) LIABILITY.— (4) PUBLIC AVAILABILITY.—Except as pro- (1) ASSET.— (A) IN GENERAL.—Except as provided in vided in paragraph (5), the Secretary shall (A) IN GENERAL.—The term ‘‘asset’’ means subparagraph (B), the United States shall any of the following assets that are used to make publicly available, including on the not be liable for damages arising out of any achieve the mission of the Bureau to man- internet, the Asset Management Report re- act, omission, or occurrence relating to the age, develop, and protect water and related quired under subsection (a). Contra Costa Canal or the acquired land. resources in an environmentally and eco- (5) CONFIDENTIALITY.—The Secretary may (B) EXCEPTION.—The United States shall nomically sound manner in the interest of exclude from the public version of the Asset continue to be liable for damages caused by the people of the United States: Management Report made available under acts of negligence committed by the United (i) Capitalized facilities, buildings, struc- paragraph (4) any information that the Sec- States or by any employee or agent of the tures, project features, power production retary identifies as sensitive or classified, United States before the date of the convey- equipment, recreation facilities, or quarters. but shall make available to the Committee ance and assignment under subsection (b)(1), (ii) Capitalized and noncapitalized heavy on Energy and Natural Resources of the Sen- consistent with chapter 171 of title 28, United equipment and other installed equipment. ate and the Committee on Natural Resources States Code (commonly known as the ‘‘Fed- of the House of Representatives a version of (B) INCLUSIONS.—The term ‘‘asset’’ includes eral Tort Claims Act’’). assets described in subparagraph (A) that are the report containing the sensitive or classi- IMITATION.—Nothing in this section (C) L considered to be mission critical. fied information. increases the liability of the United States (c) UPDATES.—Not later than 2 years after (2) ASSET MANAGEMENT REPORT.—The term beyond the liability provided under chapter the date on which the Asset Management Re- ‘‘Asset Management Report’’ means— 171 of title 28, United States Code (commonly port is submitted under subsection (a) and (A) the annual plan prepared by the Bureau known as the ‘‘Federal Tort Claims Act’’). biennially thereafter, the Secretary shall up- known as the ‘‘Asset Management Plan’’; (d) REPORT.—If the conveyance and assign- date the Asset Management Report, subject and ment authorized by subsection (b)(1) is not to the requirements of section 8603(b)(2). (B) any publicly available information re- completed by the date that is 1 year after (d) CONSULTATION.—To the extent that lating to the plan described in subparagraph the date of enactment of this Act, the Sec- such consultation would assist the Secretary (A) that summarizes the efforts of the Bu- retary shall submit to Congress a report in preparing the Asset Management Report reau to evaluate and manage infrastructure that— under subsection (a) and updates to the assets of the Bureau. (1) describes the status of the conveyance Asset Management Report under subsection (3) MAJOR REPAIR AND REHABILITATION and assignment; (c), the Secretary shall consult with— NEED.—The term ‘‘major repair and rehabili- (2) describes any obstacles to completing (1) the Secretary of the Army (acting tation need’’ means major nonrecurring the conveyance and assignment; and through the Chief of Engineers); and maintenance at a Reclamation facility, in- (3) specifies an anticipated date for com- (2) water and power contractors. pletion of the conveyance and assignment. cluding maintenance related to the safety of dams, extraordinary maintenance of dams, SEC. 8603. ASSET MANAGEMENT REPORT EN- Subtitle E—Project Authorizations HANCEMENTS FOR TRANSFERRED deferred major maintenance activities, and SEC. 8401. EXTENSION OF EQUUS BEDS DIVISION WORKS. all other significant repairs and extraor- (a) IN GENERAL.—The Secretary shall co- OF THE WICHITA PROJECT. dinary maintenance. Section 10(h) of Public Law 86–787 (74 Stat. ordinate with the non-Federal entities re- 1026; 120 Stat. 1474) is amended by striking SEC. 8602. ASSET MANAGEMENT REPORT EN- sponsible for the operation and maintenance HANCEMENTS FOR RESERVED of transferred works in developing reporting ‘‘10 years’’ and inserting ‘‘20 years’’. WORKS. requirements for Asset Management Reports Subtitle F—Modifications of Existing (a) IN GENERAL.—Not later than 2 years with respect to major repair and rehabilita- Programs after the date of enactment of this Act, the tion needs for transferred works that are SEC. 8501. WATERSMART. Secretary shall submit to Congress an Asset similar to the reporting requirements de- Section 9504 of the Omnibus Public Land Management Report that— scribed in section 8602(b). Management Act of 2009 (42 U.S.C. 10364) is (1) describes the efforts of the Bureau— (b) GUIDANCE.— amended in subsection (a)— (A) to maintain in a reliable manner all re- (1) IN GENERAL.—After considering input (1) in paragraph (2)(A)— served works at Reclamation facilities; and from water and power contractors of the Bu- (A) by striking ‘‘within the States’’ and in- (B) to standardize and streamline data re- reau, the Secretary shall develop and imple- serting the following: ‘‘within— porting and processes across regions and ment a rating system for transferred works ‘‘(i) the States’’; areas for the purpose of maintaining re- that incorporates, to the maximum extent (B) in clause (i) (as so designated), by served works at Reclamation facilities; and practicable, the rating system for major re- striking ‘‘and’’ at the end; and (2) expands on the information otherwise pair and rehabilitation needs for reserved (C) by adding at the end the following: provided in an Asset Management Report, in works developed under section 8602(b)(3). ‘‘(ii) the State of Alaska; or accordance with subsection (b). (2) UPDATES.—The ratings system devel- ‘‘(iii) the State of Hawaii; and’’; and (b) INFRASTRUCTURE MAINTENANCE NEEDS oped under paragraph (1) shall be included in (2) in paragraph (3)(B)— ASSESSMENT.— the updated Asset Management Reports (A) by redesignating clauses (i) and (ii) as (1) IN GENERAL.—The Asset Management under section 8602(c). subclauses (I) and (II), respectively, and in- Report submitted under subsection (a) shall denting appropriately; include— TITLE IX—MISCELLANEOUS (B) in the matter preceding subclause (I) (A) a detailed assessment of major repair SEC. 9001. EVERY KID OUTDOORS ACT. (as so redesignated), by striking ‘‘In car- and rehabilitation needs for all reserved (a) DEFINITIONS.—In this section: rying’’ and inserting the following: works at all Reclamation projects; and (1) FEDERAL LAND AND WATERS.—The term ‘‘(i) IN GENERAL.—Except as provided in (B) to the maximum extent practicable, an ‘‘Federal land and waters’’ means any Fed- clause (ii), in carrying’’; and itemized list of major repair and rehabilita- eral land or body of water under the jurisdic- (C) by adding at the end the following: tion needs of individual Reclamation facili- tion of any of the Secretaries to which the ‘‘(ii) INDIAN TRIBES.—In the case of an eligi- ties at each Reclamation project. public has access. ble applicant that is an Indian tribe, in car- (2) INCLUSIONS.—To the maximum extent (2) PROGRAM.—The term ‘‘program’’ means rying out paragraph (1), the Secretary shall practicable, the itemized list of major repair the Every Kid Outdoors program established not provide a grant, or enter into an agree- and rehabilitation needs under paragraph under subsection (b)(1). ment, for an improvement to conserve irriga- (1)(B) shall include— (3) SECRETARIES.—The term ‘‘Secretaries’’ tion water unless the Indian tribe agrees (A) a budget level cost estimate of the ap- means— not— propriations needed to complete each item; (A) the Secretary, acting through— ‘‘(I) to use any associated water savings to and (i) the Director of the National Park Serv- increase the total irrigated acreage more (B) an assignment of a categorical rating ice; than the water right of that Indian tribe, as for each item, consistent with paragraph (3). (ii) the Director of the United States Fish determined by— (3) RATING REQUIREMENTS.— and Wildlife Service; ‘‘(aa) a court decree; (A) IN GENERAL.—The system for assigning (iii) the Director of the Bureau of Land ‘‘(bb) a settlement; ratings under paragraph (2)(B) shall be— Management; and ‘‘(cc) a law; or (i) consistent with existing uniform cat- (iv) the Commissioner of Reclamation; ‘‘(dd) any combination of the authorities egorization systems to inform the annual (B) the Secretary of Agriculture, acting described in items (aa) through (cc); or budget process and agency requirements; and through the Chief of the Forest Service;

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2209 (C) the Secretary of Commerce, acting (B) composed entirely of members who, at ships with search-and-recovery organiza- through the Administrator of the National the time of the good Samaritan search-and- tions— Oceanic and Atmospheric Administration; recovery mission, have attained the age of (1) to coordinate good Samaritan search- and majority under the law of the State where and-recovery missions on Federal land under (D) the Secretary of the Army, acting the mission takes place. the administrative jurisdiction of the Sec- through the Assistant Secretary of the Army (2) GOOD SAMARITAN SEARCH-AND-RECOVERY retary; and for Civil Works. MISSION.—The term ‘‘good Samaritan search- (2) to expedite and accelerate good Samari- (4) STATE.—The term ‘‘State’’ means each and-recovery mission’’ means a search con- tan search-and-recovery mission efforts for of the several States, the District of Colum- ducted by an eligible organization or indi- missing individuals on Federal land under bia, American Samoa, Guam, the Northern vidual for 1 or more missing individuals be- the administrative jurisdiction of the Sec- Mariana Islands, Puerto Rico, the Virgin Is- lieved to be deceased at the time that the retary. lands of the United States, and any other search is initiated. (f) REPORT.—Not later than 180 days after territory or possession of the United States. (3) SECRETARY.—The term ‘‘Secretary’’ the date of enactment of this Act, the Secre- (5) STUDENT OR STUDENTS.—The term ‘‘stu- means the Secretary or the Secretary of Ag- taries shall submit to Congress a joint report dent’’ or ‘‘students’’ means any fourth grader riculture, as applicable. describing— or home-schooled learner 10 years of age re- (b) PROCESS.— (1) plans to develop partnerships described siding in the United States, including any (1) IN GENERAL.—Each Secretary shall de- territory or possession of the United States. velop and implement a process to expedite in subsection (e)(1); and (b) EVERY KID OUTDOORS PROGRAM.— access to Federal land under the administra- (2) efforts carried out to expedite and ac- (1) ESTABLISHMENT.—The Secretaries shall tive jurisdiction of the Secretary for eligible celerate good Samaritan search-and-recov- jointly establish a program, to be known as organizations and individuals to request ac- ery mission efforts for missing individuals on the ‘‘Every Kid Outdoors program’’, to pro- cess to Federal land to conduct good Samari- Federal land under the administrative juris- vide free access to Federal land and waters tan search-and-recovery missions. diction of each Secretary pursuant to sub- for students and accompanying individuals (2) INCLUSIONS.—The process developed and section (e)(2). in accordance with this subsection. implemented under this subsection shall in- SEC. 9003. 21ST CENTURY CONSERVATION SERV- (2) ANNUAL PASSES.— clude provisions to clarify that— ICE CORPS ACT. (A) IN GENERAL.—At the request of a stu- (A) an eligible organization or individual (a) DEFINITIONS.—Section 203 of the Public dent, the Secretaries shall issue a pass to the granted access under this section— Lands Corps Act of 1993 (16 U.S.C. 1722) is student, which allows access to Federal (i) shall be acting for private purposes; and amended— lands and waters for which access is subject (ii) shall not be considered to be a Federal (1) in paragraph (2), by striking ‘‘under sec- to an entrance, standard amenity, or day use volunteer; tion 204’’ and inserting ‘‘by section 204(a)(1)’’; fee, free of charge for the student and— (B) an eligible organization or individual (2) by redesignating paragraphs (8) through (i) in the case of a per-vehicle fee area— conducting a good Samaritan search-and-re- (13) as paragraphs (9) through (14), respec- (I) any passengers accompanying the stu- covery mission under this section shall not tively; dent in a private, noncommercial vehicle; or be considered to be a volunteer under section (3) by inserting after paragraph (7) the fol- (II) not more than three adults accom- 102301(c) of title 54, United States Code; lowing: panying the student on bicycles; or (C) chapter 171 of title 28, United States ‘‘(8) INSTITUTION OF HIGHER EDUCATION.— (ii) in the case of a per-person fee area, not Code (commonly known as the ‘‘Federal Tort ‘‘(A) IN GENERAL.—The term ‘institution of more than three adults accompanying the Claims Act’’), shall not apply to an eligible higher education’ has the meaning given the student. organization or individual carrying out a pri- term in section 102 of the Higher Education (B) TERM.—A pass described in subpara- vately requested good Samaritan search-and- Act of 1965 (20 U.S.C. 1002). graph (A) shall be effective during the period recovery mission under this section; and ‘‘(B) EXCLUSION.—The term ‘institution of beginning on September 1 and ending on Au- (D) chapter 81 of title 5, United States Code higher education’ does not include— gust 31 of the following year. (commonly known as the ‘‘Federal Employ- ‘‘(i) an institution described in section (C) PRESENCE OF A STUDENT IN GRADE FOUR ees Compensation Act’’), shall not apply to 101(b) of the Higher Education Act of 1965 (20 REQUIRED.—A pass described in subparagraph an eligible organization or individual con- U.S.C. 1001(b)); or (A) shall be effective only if the student to ducting a good Samaritan search-and-recov- ‘‘(ii) an institution outside the United which the pass was issued is present at the ery mission under this section, and the con- States, as described in section 102(a)(1)(C) of point of entry to the applicable Federal land duct of the good Samaritan search-and-re- the Higher Education Act of 1965 (20 U.S.C. or water. covery mission shall not constitute civilian 1002(a)(1)(C)).’’; (3) OTHER ACTIVITIES.—In carrying out the employment. program, the Secretaries— (c) RELEASE OF FEDERAL GOVERNMENT (4) in paragraph (9) (as so redesignated)— (A) may collaborate with State Park sys- FROM LIABILITY.—The Secretary shall not re- (A) in the matter preceding subparagraph tems that opt to implement a complemen- quire an eligible organization or individual (A), by striking ‘‘, as follows’’ and inserting tary Every Kid Outdoors State park pass; to have liability insurance as a condition of ‘‘and other conservation and restoration ini- (B) may coordinate with the Secretary of accessing Federal land under this section, if tiatives, as follows’’; and Education to implement the program; the eligible organization or individual— (B) by adding at the end the following: (C) shall maintain a publicly available (1) acknowledges and consents, in writing, ‘‘(E) To protect, restore, or enhance ma- website with information about the program; to the provisions described in subparagraphs rine, estuarine, riverine, and coastal habitat (D) may provide visitor services for the (A) through (D) of subsection (b)(2); and ecosystem components— program; and (2) signs a waiver releasing the Federal ‘‘(i) to promote the recovery of threatened (E) may support approved partners of the Government from all liability relating to the species, endangered species, and managed Federal land and waters by providing the access granted under this section and agrees fisheries; partners with opportunities to participate in to indemnify and hold harmless the United ‘‘(ii) to restore fisheries, protected re- the program. States from any claims or lawsuits arising sources, and habitats impacted by oil and (4) REPORTS.—The Secretary, in coordina- from any conduct by the eligible organiza- chemical spills and natural disasters; or tion with each Secretary described in sub- tion or individual on Federal land. ‘‘(iii) to enhance the resilience of coastal paragraphs (B) through (D) of subsection (d) APPROVAL AND DENIAL OF REQUESTS.— ecosystems, communities, and economies (a)(3), shall prepare a comprehensive report (1) IN GENERAL.—The Secretary shall notify through habitat conservation.’’; to Congress each year describing— an eligible organization or individual of the (5) in subparagraph (A) of paragraph (11) (A) the implementation of the program; approval or denial of a request by the eligi- (as so redesignated), by striking ‘‘individuals (B) the number and geographical distribu- ble organization or individual to carry out a between the ages of 16 and 30, inclusive,’’ and tion of students who participated in the pro- good Samaritan search-and-recovery mission inserting ‘‘individuals between the ages of 16 gram; and under this section by not later than 48 hours and 30, inclusive, or veterans age 35 or (C) the number of passes described in para- after the request is made. younger’’; graph (2)(A) that were distributed. (2) DENIALS.—If the Secretary denies a re- (6) in paragraph (13) (as so redesignated)— (5) SUNSET.—The authorities provided in quest from an eligible organization or indi- (A) in subparagraph (A), by striking ‘‘and’’ this section, including the reporting require- vidual to carry out a good Samaritan search- at the end; ment, shall expire on the date that is 7 years and-recovery mission under this section, the (B) in subparagraph (B), by striking the pe- after the date of enactment of this Act. Secretary shall notify the eligible organiza- riod at the end and inserting ‘‘; and’’; and SEC. 9002. GOOD SAMARITAN SEARCH AND RE- tion or individual of— (C) by adding at the end the following: COVERY ACT. (A) the reason for the denial of the request; ‘‘(C) with respect to the National Marine (a) DEFINITIONS.—In this section: and Sanctuary System, coral reefs, and other (1) ELIGIBLE.—The term ‘‘eligible’’, with re- (B) any actions that the eligible organiza- coastal, estuarine, and marine habitats, and spect to an organization or individual, means tion or individual can take to meet the re- other land and facilities administered by the that the organization or individual, respec- quirements for the request to be approved. National Oceanic and Atmospheric Adminis- tively, is— (e) PARTNERSHIPS.—Each Secretary shall tration, the Secretary of Commerce.’’; and (A) acting in a not-for-profit capacity; and develop search-and-recovery-focused partner- (7) by adding at the end the following:

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‘‘(15) VETERAN.—The term ‘veteran’ has the cational credit that may be applied toward a ‘‘(d) COORDINATION.— meaning given the term in section 101 of program of postsecondary education at an ‘‘(1) IN GENERAL.—The Secretaries shall, to title 38, United States Code.’’. institution of higher education that agrees the maximum extent practicable, coordinate (b) PUBLIC LANDS CORPS PROGRAM.—Sec- to award the credit for participation in the with each other to carry out activities au- tion 204 of the Public Lands Corps Act of 1993 Corps.’’; thorized under this Act, including— (16 U.S.C. 1723) is amended— (4) in subsection (c) (as so redesignated)— ‘‘(A) the data collection and reporting re- (1) by striking subsection (a) and inserting (A) by striking ‘‘Each participant’’ and in- quirements of this section; and the following: serting the following: ‘‘(B) implementing and issuing guidance on ‘‘(a) ESTABLISHMENT OF PUBLIC LANDS ‘‘(1) IN GENERAL.—Each participant’’; and eligibility for noncompetitive hiring status CORPS.— (B) by adding at the end the following: under section 207(d). ‘‘(1) IN GENERAL.—There is established in ‘‘(2) INDIAN YOUTH SERVICE CORPS.—With re- ‘‘(2) DESIGNATION OF COORDINATORS.—The the Department of the Interior, the Depart- spect to the Indian Youth Service Corps es- Secretary shall designate a coordinator to ment of Agriculture, and the Department of tablished under section 210, the Secretary coordinate and serve as the primary point of Commerce a corps, to be known as the ‘Pub- shall establish the term of service of partici- contact for any activity of the Corps carried lic Lands Corps’. pants in consultation with the affected In- out by the Secretary.’’; and ‘‘(2) NO EFFECT ON OTHER AGENCIES.—Noth- dian tribe.’’; (3) in subsection (c) of section 212 (as so re- ing in this subsection precludes the estab- (5) in subsection (d) (as so redesignated)— designated), by striking ‘‘211’’ and inserting lishment of a public lands corps by the head (A) by redesignating paragraphs (1) and (2) ‘‘213’’. of a Federal department or agency other as subparagraphs (A) and (B), respectively, (g) INDIAN YOUTH SERVICE CORPS.—Title II than a department described in paragraph and indenting the subparagraphs appro- of the Public Lands Corps Act of 1993 (16 (1), in accordance with this Act.’’; priately; U.S.C. 1721 et seq.) (as amended by sub- (2) in subsection (b)— (B) in the matter preceding subparagraph section (f)) is amended by inserting after sec- (A) in the first sentence, by striking ‘‘indi- (A) (as so redesignated), by striking ‘‘The tion 209 the following: viduals between the ages of 16 and 30, inclu- Secretary’’ and inserting the following: ‘‘SEC. 210. INDIAN YOUTH SERVICE CORPS. sive,’’ and inserting ‘‘individuals between the ‘‘(1) IN GENERAL.—The Secretary’’; and ‘‘(a) IN GENERAL.—There is established ages of 16 and 30, inclusive, and veterans age (C) by adding at the end the following: within the Public Lands Corps a program to 35 or younger’’; and ‘‘(2) TIME-LIMITED APPOINTMENT.—For pur- be known as the ‘Indian Youth Service (B) in the second sentence, by striking poses of section 9602 of title 5, United States Corps’ that— ‘‘section 137(b) of the National and Commu- Code, a former member of the Corps hired by ‘‘(1) enrolls participants between the ages nity Service Act of 1990’’ and inserting the Secretary under paragraph (1)(B) for a of 16 and 30, inclusive, and veterans age 35 or ‘‘paragraphs (1), (2), (4), and (5) of section time-limited appointment shall be consid- younger, a majority of whom are Indians; 137(a) of the National and Community Serv- ered to be appointed initially under open, ‘‘(2) is established pursuant to an agree- ice Act of 1990 (42 U.S.C. 12591(a))’’; and competitive examination.’’; and ment between an Indian tribe and a qualified (3) by adding at the end the following: (6) by adding at the end the following: youth or conservation corps for the benefit ‘‘(g) EFFECT.—Nothing in this section au- ‘‘(e) APPLICABILITY TO QUALIFIED YOUTH OR of the members of the Indian tribe; and thorizes the use of the Public Lands Corps CONSERVATION CORPS.—The hiring and com- ‘‘(3) carries out appropriate conservation for projects on or impacting real property pensation standards described in this section projects on eligible service land. owned by, operated by, or within the cus- shall apply to any individual participating in ‘‘(b) AUTHORIZATION OF COOPERATIVE tody, control, or administrative jurisdiction an appropriate conservation project through AGREEMENTS.—The Secretary may enter into of the Administrator of General Services a qualified youth or conservation corps, in- cooperative agreements with Indian tribes without the express permission of the Ad- cluding an individual placed through a con- and qualified youth or conservation corps for ministrator of General Services.’’. tract or cooperative agreement, as approved the establishment and administration of the (c) TRANSPORTATION.—Section 205 of the by the Secretary.’’. Indian Youth Service Corps. Public Lands Corps Act of 1993 (16 U.S.C. ‘‘(c) GUIDELINES.—Not later than 18 months (f) REPORTING AND DATA COLLECTION.— 1724) is amended by adding at the end the fol- Title II of the Public Lands Corps Act of 1993 after the date of enactment of the Natural lowing: (16 U.S.C. 1721 et seq.) is amended— Resources Management Act, the Secretary of ‘‘(e) TRANSPORTATION.—The Secretary may the Interior, in consultation with Indian (1) by redesignating sections 209 through provide to Corps participants who reside in tribes, shall issue guidelines for the manage- 211 as sections 211 through 213, respectively; their own homes transportation to and from ment of the Indian Youth Service Corps, in (2) by inserting after section 208 the fol- appropriate conservation project sites.’’. accordance with this Act and any other ap- lowing: (d) RESOURCE ASSISTANTS.— plicable Federal laws.’’. ‘‘SEC. 209. REPORTING AND DATA COLLECTION. (1) IN GENERAL.—Section 206(a) of the Pub- SEC. 9004. NATIONAL NORDIC MUSEUM ACT. lic Lands Corps Act of 1993 (16 U.S.C. 1725(a)) ‘‘(a) REPORT.—Not later than 2 years after (a) DESIGNATION.—The Nordic Museum lo- is amended by striking the first sentence and the date of enactment of the Natural Re- cated at 2655 N.W. Market Street, Seattle, inserting the following: ‘‘The Secretary may sources Management Act, and annually Washington, is designated as the ‘‘National provide individual placements of resource as- thereafter, the Chief Executive Officer of the Nordic Museum’’. sistants to carry out research or resource Corporation for National and Community (b) EFFECT OF DESIGNATION.— protection activities on behalf of the Sec- Service, in coordination with the Secre- (1) IN GENERAL.—The museum designated retary.’’. taries, shall submit to Congress a report that by subsection (a) is not a unit of the Na- (2) DIRECT HIRE AUTHORITY.—Section 121(a) includes data on the Corps, including— tional Park System. of the Department of the Interior, Environ- ‘‘(1) the number of participants enrolled in (2) USE OF FEDERAL FUNDS.—The designa- ment, and Related Agencies Appropriations the Corps and the length of the term of serv- tion of the museum by subsection (a) shall Act, 2012 (16 U.S.C. 1725a), is amended— ice for each participant; not require Federal funds to be expended for (A) in paragraph (1)— ‘‘(2) the projects carried out by Corps par- any purpose related to the museum. (i) by striking ‘‘Secretary of the Interior’’ ticipants, categorized by type of project and SEC. 9005. DESIGNATION OF NATIONAL GEORGE and inserting ‘‘Secretary (as defined in sec- Federal agency; C. MARSHALL MUSEUM AND LI- tion 203 of the Public Lands Corps Act of 1993 ‘‘(3) the total amount and sources of fund- BRARY. (16 U.S.C. 1722))’’; ing provided for the service of participants; (a) DESIGNATION.—The George C. Marshall (ii) by striking ‘‘paragraph (1)’’ and insert- ‘‘(4) the type of service performed by par- Museum and the George C. Marshall Re- ing ‘‘paragraph (2)’’; and ticipants and the impact and accomplish- search Library in Lexington, Virginia, are (iii) by striking ‘‘with a land managing ments of the service; and designated as the ‘‘National George C. Mar- agency of the Department of the Interior’’; ‘‘(5) any other similar data determined to shall Museum and Library’’ (referred to in and be appropriate by the Chief Executive Officer this section as the ‘‘museum)’’. (B) in paragraph (2)(A), by striking ‘‘with a of the Corporation for National and Commu- (b) EFFECT OF DESIGNATION.— land managing agency’’ and inserting ‘‘with nity Service or the Secretaries. (1) IN GENERAL.—The museum designated the Secretary (as so defined)’’. ‘‘(b) DATA.—Not later than 1 year after the by subsection (a) is not a unit of the Na- (e) COMPENSATION AND EMPLOYMENT STAND- date of enactment of the Natural Resources tional Park System. ARDS.—Section 207 of the Public Lands Corps Management Act, and annually thereafter, (2) USE OF FEDERAL FUNDS.—The designa- Act of 1993 (16 U.S.C. 1726) is amended— the Secretaries shall submit to the Chief Ex- tion of the museum by subsection (a) shall (1) by striking the section heading and in- ecutive Officer of the Corporation for Na- not require Federal funds to be expended for serting ‘‘COMPENSATION AND TERMS OF SERV- tional and Community Service the data de- any purpose related to the museum. ICE’’; scribed in subsection (a). SEC. 9006. 21ST CENTURY RESPECT ACT. (2) by redesignating subsections (b) and (c) ‘‘(c) DATA COLLECTION.—The Chief Execu- (a) AMENDMENTS TO REGULATIONS RE- as subsections (c) and (d), respectively; tive Officer of the Corporation for National QUIRED.— (3) by inserting after subsection (a) the fol- and Community Service may coordinate (1) SECRETARY OF AGRICULTURE.—The Sec- lowing: with qualified youth or conservation corps to retary of Agriculture shall amend section ‘‘(b) EDUCATIONAL CREDIT.—The Secretary improve the collection of the required data 1901.202 of title 7, Code of Federal Regula- may provide a Corps participant with an edu- described in subsection (a). tions, for purposes of—

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2211 (A) replacing the reference to the term (D) organizing groups of veterans and may have 5 legislative days in which to ‘‘Negro or Black’’ with ‘‘Black or African home-front workers and their recognition; revise and extend their remarks and in- American’’; (E) presentation of cultural events such as clude extraneous material on the meas- (B) replacing the reference to the term dances, plays, and lectures; ure under consideration. ‘‘Spanish Surname’’ with ‘‘Hispanic’’; and (F) public relations outreach through the (C) replacing the reference to the term print and electronic media, and books; and The SPEAKER pro tempore. Is there ‘‘Oriental’’ with ‘‘Asian American or Pacific (G) recognition and ceremonies remem- objection to the request of the gen- Islander’’. bering wartime event anniversaries. tleman from Arizona? (2) ADMINISTRATOR OF GENERAL SERVICES.— SEC. 9008. QUINDARO TOWNSITE NATIONAL COM- There was no objection. The Administrator of General Services shall MEMORATIVE SITE. Mr. GRIJALVA. Mr. Speaker, I yield amend section 906.2 of title 36, Code of Fed- (a) DEFINITIONS.—In this section: myself such time as I may consume. eral Regulations, for purposes of— (1) COMMEMORATIVE SITE.—The term ‘‘Com- Mr. Speaker, it is my pleasure to rise (A) replacing the references to the term memorative Site’’ means the Quindaro today on behalf of a significant bipar- ‘‘Negro’’ with ‘‘Black or African American’’; Townsite National Commemorative Site des- tisan benefit for conservation in the (B) replacing the definition of ‘‘Negro’’ ignated by subsection (b)(1). United States. with the definition of ‘‘Black or African (2) STATE.—The term ‘‘State’’ means the American’’ as ‘‘ an individual having origins State of Kansas. S. 47, the lands package, is the prod- in any of the Black racial groups of Africa’’; (b) DESIGNATION.— uct of many months of negotiation and (C) replacing the references to the term (1) IN GENERAL.—The Quindaro Townsite in many years of committee process. ‘‘Oriental’’ with ‘‘Asian American or Pacific Kansas City, Kansas, as listed on the Na- The bill benefits all Americans. Islander’’; and tional Register of Historic Places, is des- By protecting ecosystems, preserving (D) replacing the references to the terms ignated as the ‘‘Quindaro Townsite National our cultural heritage, and connecting ‘‘Eskimo’’ and ‘‘Aleut’’ with ‘‘Alaska Na- Commemorative Site’’. the people to their lands, we dem- (2) EFFECT OF DESIGNATION.—The Com- tive’’. onstrate this Congress’ commitment to (b) RULE OF CONSTRUCTION.—Nothing in memorative Site shall not be considered to this section, or the amendments required by be a unit of the National Park System. public lands that serve all Americans. this section, shall be construed to affect Fed- (c) COOPERATIVE AGREEMENTS.— I am particularly proud that this eral law, except with respect to the use of (1) IN GENERAL.—The Secretary, in con- package will permanently authorize terms by the Secretary of Agriculture and sultation with the State, Kansas City, Kan- the Land and Water Conservation the Administrator of General Services, re- sas, and affected subdivisions of the State, Fund, a program that supports recre- spectively, to the regulations affected by may enter into cooperative agreements with ation access and conservation in all 50 this section. appropriate public or private entities, for the States. SEC. 9007. AMERICAN WORLD WAR II HERITAGE purposes of— CITIES. (A) protecting historic resources at the LWCF works for the people at no di- (a) DESIGNATION.—In order to recognize and Commemorative Site; and rect cost to the taxpayer. It enhances ensure the continued preservation and im- (B) providing educational and interpretive Americans’ enjoyment of public lands portance of the history of the United States facilities and programs at the Commemora- across this Nation. It is time to guar- involvement in World War II, each calendar tive Site for the public. antee the future of this very important year the Secretary may designate 1 or more (2) TECHNICAL AND FINANCIAL ASSISTANCE.— program. cities located in 1 of the several States or a The Secretary may provide technical and fi- territory of the United States as an ‘‘Amer- In addition to LWCF, the package nancial assistance to any entity with which would add over 1 million acres of wil- ican World War II Heritage City’’. Not more the Secretary has entered into a cooperative than 1 city in each State or territory may be agreement under paragraph (1). derness, designate new national monu- designated under this section. (d) NO EFFECT ON ACTIONS OF PROPERTY ments, and expand three national (b) APPLICATION FOR DESIGNATION.—The OWNERS.—Designation of the Quindaro parks, to name a few of the over 100 Secretary may— Townsite as a National Commemorative Site provisions. (1) establish and publicize the process by shall not prohibit any actions that may oth- I am proud to support LWCF; I am which a city may apply for designation as an erwise be taken by a property owner (includ- American World War II Heritage City based proud to support S. 47; and I hope my ing any owner of the Commemorative Site) colleagues will similarly support this on the criteria in subsection (c); and with respect to the property of the owner. (2) encourage cities to apply for designa- bipartisan effort. (e) NO EFFECT ON ADMINISTRATION.—Noth- tion as an American World War II Heritage ing in this section affects the administration I want to offer my sincere thanks to City. of the Commemorative Site by Kansas City, my fellow collaborators on the legisla- (c) CRITERIA FOR DESIGNATION.—The Sec- Kansas, or the State. tion: Congressman BISHOP and Sen- retary, in consultation with the Secretary of ators MURKOWSKI, MANCHIN, and CANT- the Smithsonian Institution or the President SEC. 9009. DESIGNATION OF NATIONAL COMEDY CENTER IN JAMESTOWN, NEW YORK. of the National Trust for Historic Preserva- WELL. Their willingness to work and to (a) CONGRESSIONAL RECOGNITION.—Con- tion, shall make each designation under sub- compromise was crucial in turning this section (a) based on the following criteria: gress— bill into a reality. I congratulate them (1) Contributions by a city and its environs (1) recognizes that the National Comedy on their efforts. to the World War II home-front war effort, Center, located in Jamestown, New York, is the only museum of its kind that exists for Mr. Speaker, I reserve the balance of including contributions related to— my time. (A) defense manufacturing, such as ships, the exclusive purpose of celebrating comedy in all its forms; and Mr. BISHOP of Utah. Mr. Speaker, I aircraft, uniforms, and equipment; yield myself such time as I may con- (B) production of foodstuffs and consumer (2) officially designates the National Com- items for Armed Forces and home consump- edy Center as the ‘‘National Comedy Center’’ sume. tion; (referred to in this section as the ‘‘Center’’). Mr. Speaker, when I became chair- (b) EFFECT OF RECOGNITION.—The National (C) war bond drives; man of this committee, I vowed never Comedy Center recognized in this section is (D) adaptations to wartime survival; to do this kind of a package. I thought not a unit of the National Park System and (E) volunteer participation; the designation of the Center shall not be that each bill deserved to be debated (F) civil defense preparedness; construed to require or permit Federal funds and to be moved as a standalone. (G) personnel serving in the Armed Forces, to be expended for any purpose related to the Basically, we in the House did that. their achievements, and facilities for their Center. Unfortunately, the Senate did not, rest and recreation; or (H) the presence of Armed Forces camps, The SPEAKER pro tempore. Pursu- which is why there are at least 63 bases, airfields, harbors, repair facilities, and ant to the order of the House of today, House-passed bills in this package, 62 other installations within or in its environs. the gentleman from Arizona (Mr. GRI- of which were passed on suspension, (2) Achievements by a city and its environs JALVA) and the gentleman from Utah that have been sitting in the Senate, to preserve the heritage and legacy of the (Mr. BISHOP) each will control 25 min- languishing for up to a year and a half. city’s contributions to the war effort and to utes. If somebody says they don’t have preserve World War II history, including— time to look at all the stuff that is in (A) the identification, preservation, res- The Chair recognizes the gentleman from Arizona. here, there have been months that they toration, and interpretation of World War II- have been able to look at this stuff as related structures, facilities and sites; b 1715 (B) establishment of museums, parks, and it has been sitting over in the Senate. markers; GENERAL LEAVE Much of it is of parochial signifi- (C) establishment of memorials to area Mr. GRIJALVA. Mr. Speaker, I ask cance, which means it solves local men who lost their lives in service; unanimous consent that all Members challenges.

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.026 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2212 CONGRESSIONAL RECORD — HOUSE February 26, 2019 The very basis of all the bills that my home State of Utah, but, as Mr. port of H.R. 972, the Reconstruction are in here is to put people above gov- CURTIS will tell you, the county com- Era National Historical Park Act. ernment. If indeed we are going to have missioners, the local officials, endorse I joined Majority Whip CLYBURN in public lands, there should be access to this action. They are happy with it be- reintroducing the Reconstruction Era those lands. cause they gain access to other areas National Historical Park Act, which That is one of the reasons why, for that can promote recreation and eco- expands the Reconstruction Era Na- the first time in years, we have had nomic development, which they have tional Monument in Beaufort, South some sportsmen’s activities that are been trying to get for several decades. Carolina, and makes it a national park. put into this particular bill. So the A quarter of this is also in California, This bill also creates a national net- sportsmen can assume if they are on in one district. So we create wilderness work of reconstruction era historical public land, it is going to be open for in the national park, but, at the same sites so they can receive the recogni- recreational hunting and fishing and time, we are taking wilderness study tion that they deserve. shooting and all kinds of outdoor recre- areas and releasing those at the same The Lowcountry’s vibrant recon- ation, unless it is specifically closed. time. We are making exchanges so that struction history is often overlooked or And a land manager cannot be arbi- some of the lands go into trust funds misunderstood, and this act would seek trary with that. If they are going to for education purposes, to fund the to correct that. close it, there has to be a public proc- education of our kids—something that I am honored to work with Majority ess they go through that mandates the East doesn’t need, but those of us Whip CLYBURN to preserve, protect, and consultation with local officials. who live in the Federally controlled promote reconstruction history. Mr. Speaker, I urge my colleagues to It is extremely important that bow West, we desperately need to do that. support H.R. 972. hunters get some protection. Even For the first time we are taking Mr. BISHOP of Utah. Mr. Speaker, I duck hunters get some certainty in EAJA, and we will actually have some yield 2 minutes to the gentleman from here. For the first time, we are going transparency so we will really know Alaska (Mr. YOUNG), the dean of the to have special days for duck hunting, what it costs for environmental litiga- House, someone who has forgotten for youth and veterans, as well as those tion. more about public lands than the rest who are on Active Duty. These are all issues we have been of us will ever know. For the first time, there are real re- talking about for years in the House. These are issues that we repeatedly (Mr. YOUNG asked and was given forms of the Land and Water Conserva- permission to revise and extend his re- tion Fund. When that program was es- passed in the House. But, for now, we have a chance of actually making it marks.) tablished a half century ago, 60 percent Mr. YOUNG. Mr. Speaker, I want to of all the land was supposed to go into happen. Is this bill perfect? No. It is too big thank former Chairman BISHOP and the State and local funds. Chairman GRIJALVA for their work on Those are the programs that your to be perfect. Is the process for creating this per- this legislation. constituents are calling you and say- fect? Hell, no. But I am perfectly satis- This is a proud moment. We listened ing: These are the good things on why fied and willing to vote for this, be- to a lot of angst a while ago, and now this program should be reauthorized. cause without this there will be no we look at two people working to- But when that cap was taken off, the progress. The status quo will be main- gether to solve a problem. This is how amount of money going to State and tained, and that is bad. Congress should work. local programs was reduced. In the Senator GRAHAM used to say: If I am I am especially proud of this legisla- time of the Obama administration, it going from Washington back to Hous- tion because, as the chairman men- was down to 12 percent. Everything ton and I get as far as Memphis, that is tioned, there are 62 pieces of legisla- else was for land acquisition. not bad. If I end up in Boston, it is bad, tion that passed this House that are in This bill reforms that permanently but for Memphis, that is not nec- this bill somewhere, including five by saying no less than 40 percent has to essarily bad. which are mine. go to those State and local funds that We have been complaining for years I think it is important to the State your constituents like. about elements that are in this pack- of Alaska. What this bill does, as men- No less than 3 percent has to go to age of bills, and now we have a chance tioned by the chairman and the past fulfilling facility recreation access. to actually be positive, to get to Mem- chairman, is gives opportunity to ev- That means that we are, for the first phis and beyond, and to actually get erybody to be involved. As the chair- time now, really empowering people something done. man said, it may not be everything we and communities, State and local gov- And if someone says: ‘‘It is not good want. I had a couple of things we didn’t ernments, as well as sportsmen. enough; I am holding out for something get in it, but this is the beginning of I have always said that I want to better,’’ we are holding out for some- working together on public lands as shrink the Federal estate. This bill fi- thing that never has been and never they should be, with those that are di- nally does shrink the Federal estate, in will be. rectly involved in it. my State as well as nationwide. And it puts to the lie the complaints The legislation that was in this bill We create four new monuments in that we have exaggerated in the past. that was mine: There was the Alaska this bill, but the right way; not expect- Congress is finally ready to act. Native veterans and selection of ing the President to make a declara- We should not refuse the solutions lands—first time. Been trying 15 years, tion but, actually, for the Congress to that are in front of us right now. This and we finally got it done. pass a bill, to debate the bill, and then is a step forward, and this, obviously, It also has and expands the long over- to pass the bill at the same time. is better than the alternatives. due sand and gravel mineral rights to This administration actually did use I urge adoption of this package of Alaskan Natives in Barrow. A lot of the Antiquities Act on one of these compromise bills that have been this land surrounds Native villages, so monuments—nice and cute—but we are worked out in advance, and I appre- this legislation solves a lot of those going to do it the right way in this par- ciate my colleagues on the Democratic conflicts. And everybody supports it. ticular bill. side who have worked so hard to try I am very excited about this legisla- We are going to do wilderness the and come up with a package of bills tion. I want to thank my senators for right way. No longer should an agency that we can all support. working on it and finally getting it simply create wilderness by dicta or Mr. Speaker, I reserve the balance of done but, most of all, the committee, fiat. Congress will make those deci- my time. the Natural Resources Committee, sions of what is wilderness and what is Mr. GRIJALVA. Mr. Speaker, I yield where I was chairman for 6 years. This not going to be wilderness. 1 minute to the gentleman from South is a good piece of legislation, and I urge Let me talk for just a second about Carolina (Mr. CUNNINGHAM), a member passage of this piece of legislation. wilderness, because it has some con- of the Committee on Natural Re- Mr. GRIJALVA. Mr. Speaker, I yield troversy in here. sources. 1 minute to the gentleman from Colo- Over half the wilderness that is es- Mr. CUNNINGHAM. Mr. Speaker, I rado (Mr. NEGUSE), a member of the tablished in this section of bills is in am proud to stand here today in sup- Committee on Natural Resources.

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.074 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2213 Mr. NEGUSE. Mr. Speaker, I rise work on these bills. I would especially dangered species, as well as other today as a Coloradoan, an environ- like to thank Republican leader areas. mentalist, and a conservationist to BISHOP, who has been invaluable in The WILD Act, and S. 47 more broad- support S. 47. pushing these bills across the finish ly, will help wildlife and land conserva- I want to thank my home-State col- line and, on a personal note, has tion efforts in the United States and leagues in the Senate; of course, my mentored me through very difficult around the world. I strongly support friends from the other side of the aisle; public lands issues. this legislation, and I urge my col- and, most importantly, our chairman, Especially today, I would like to give leagues to do the same. Chairman GRIJALVA, for his leadership appreciation and recognition to Emery Mr. BISHOP of Utah. Mr. Speaker, I with respect to this bill. County commissioners, who had the yield 1 minute to the gentleman from In the great State of Colorado, we ability to see into the future to under- Kentucky (Mr. ROGERS), one of the sen- understand the value of our public stand how important this was for their ior members from Kentucky who can lands. Our State’s outdoor recreation county and to work through all the dif- talk about how you do a monument the economy brings in $28 billion and $10 ficult issues. right way. billion in workers’ wages alone. Finally, I would like to thank my Mr. ROGERS of Kentucky. Mr. Investing in our public lands, con- colleagues on the Democratic side of Speaker, I thank Ranking Member serving our wild places, is good for our the aisle for their willingness to work BISHOP for yielding me this time and economy, and it is good for our future with me, to see this through our eyes mainly for his support of the Mill generations. and to explain this through their eyes. Springs Battlefield National Monu- I am proud that this bill not only in- I am grateful for the friendships and ment Act, which is included in this cludes nine measures that would im- relationships that I have developed great package before us today. And he pact my State, but two provisions, in through this process. did it the right way, Mr. Speaker. particular, that I introduced earlier Mr. Speaker, I look forward to seeing The nonprofit Mill Springs Battle- this Congress that directly benefit both of my bills headed to the Presi- field Association has worked tirelessly Colorado’s Second Congressional Dis- dent’s desk with the passage of S. 47. for nearly three decades to preserve trict. Mr. GRIJALVA. Mr. Speaker, I yield and maintain more than 900 acres to First, the Bolts Ditch Access and Use 2 minutes to the gentleman from Cali- honor and commemorate the first Act is an important provision that al- fornia (Mr. LOWENTHAL), chair of the major Union victory in the Civil War, lows the town of Minturn, in Eagle Subcommittee on Energy and Mineral even constructing a 10,000-square-foot County in my district, water access Resources of the Committee on Natural visitor center and museum at the site with use of the Bolts Ditch headgate. where the national cemetery is located. Secondly, the WEDGE Act incor- Resources. I was proud to introduce legislation porates 124 acres of land adjacent to b 1730 that would add this historic battlefield Rocky Mountain National Park into Mr. LOWENTHAL. Mr. Speaker, I in Kentucky’s Wayne and Pulaski Arapahoe National Forest. strongly support the passage of this bi- I am excited to take up both of these Counties to the national park system. partisan public lands package. This Enactment of S. 27 today will ensure provisions on the House floor today, broad, sweeping legislation is impor- both of which will have a real local im- that this national treasure is pro- tant because it includes provisions that tected, preserved, and promoted well pact on the communities that I am so will permanently reauthorize the Land honored to represent in Colorado’s Sec- into the future. and Water Conservation Fund, but it I, therefore, urge your support. ond. will also designate over 1 million acres Not only this, but, of course, S. 47 And especially to Mr. BISHOP, who, of wilderness on Federal lands in provides permanent authorization of over the years, as chairman of the com- States across the West, including over the Land and Water Conservation mittee, worked with us in great detail 300,000 acres in California alone. Fund, which is long overdue and a on this project, I want to especially say The bill also includes the Wildlife In- my thanks to Ranking Member BISHOP milestone for future generations. novation and Longevity Driver Act, or Mr. Speaker, I would urge my col- and the committee. the WILD Act, a bill I am proud to leagues to support this bill and look Mr. GRIJALVA. Mr. Speaker, I yield colead in the House with my Alaska forward to continuing to work to con- 1 minute to the gentlewoman from New colleague, Representative DON YOUNG. serve our public lands. Mexico (Ms. HAALAND), chair of the Na- Mr. BISHOP of Utah. Mr. Speaker, I The WILD Act reauthorizes the Part- tional Parks, Forests, and Public yield 2 minutes to the gentleman from ners for Fish and Wildlife Program, as Lands Subcommittee on the Natural well as the Multinational Species Con- Utah (Mr. CURTIS), my colleague. Resources Committee. Mr. CURTIS. Mr. Speaker, I rise servation Funds, which will include Ms. HAALAND. Mr. Speaker, as a today in support of this very important dedicated funds for rhinos, for tigers, 35th-generation New Mexican, I rise package, S. 47, the Natural Resources for great apes, for marine turtles, as today in support of S. 47. This bill rep- Management Act. well as for African and Asian ele- resents a major victory for conserva- This bill is comprised of dozens of phants. tion, and I want to congratulate the smaller bills, including two that I have The WILD Act will also expand the chairman and his co-drafters on its had the opportunity to sponsor: the Marine Turtle Conservation Fund to success. Emery County Public Land Manage- include tortoises and freshwater tur- In my home State of New Mexico, ment Act and the Endangered Fish Re- tles, establishing a new source of fund- new protections in the Organ Moun- covery Programs Extension Act. ing for these priority species. tains, the Cerros del Norte, and San The Emery County bill has been a lo- As we all know, over 60 percent of Juan County will add over 250,000 acres cally driven effort and will bring long- these 330 modern species are now either of new wilderness, the highest con- term certainty to the area through threatened, are endangered, or, unfor- servation protection this Congress can various designations and expanding tunately, are now extinct. bestow. Goblin Valley State Park for better The WILD Act will also protect eco- These lands will preserve our eco- management. It will also generate mil- systems and wildlife from invasive spe- systems, protect access to clean, con- lions of dollars for Utah school kids cies through the development of stra- sistent water flows, and help our State through the School Trust Land Ex- tegic plans for reducing invasive spe- to begin to adapt to the realities of cli- changes. cies populations on land or water man- mate change. Also in this package, the Endangered aged by Federal agencies. By permanently authorizing the Fish Recovery Programs Extension Act Finally, the WILD Act also includes Land and Water Conservation Fund, S. will ensure access to critical water a newly created Theodore Roosevelt 47 will help my home State and every sources and continue to promote the Genius Prize, a concept that will en- State in this Nation, and I strongly en- recovery of four endangered species. courage innovation in wildlife con- courage my colleagues to vote ‘‘yes.’’ There are many, many who deserve servation, combating wildlife traf- Mr. BISHOP of Utah. Mr. Speaker, I praise for their years and decades of ficking and poaching, protecting en- yield 2 minutes to the gentleman from

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.075 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2214 CONGRESSIONAL RECORD — HOUSE February 26, 2019 Oregon (Mr. WALDEN), someone who Mrs. DINGELL. Mr. Speaker, I thank servation Fund. I am also proud to see used to be on our committee but went the gentleman from Arizona for yield- the important sportsmen’s titles in- over to the dark side and is now former ing and for his leadership on this issue. cluded in this bill that will expand ac- chairman somewhere else. I rise in strong support of S. 47, the cess for recreation, fishing, and hunt- Mr. WALDEN. Mr. Speaker, as the Natural Resources Management Act. ing on public lands. top Republican on the Energy and And as my colleague from Utah so elo- I would like to thank Ranking Mem- Commerce Committee, I enjoy the rela- quently stated, this landmark public ber BISHOP and Chairman GRIJALVA for tionship and camaraderie I have with lands legislation is the product of their tireless work to help make this the Natural Resources Committee, and years, decades of work at the com- bill a reality. I want to thank the gentleman from mittee level, and months of bipartisan, As a lifelong sportsman and sup- Utah and my friend Mr. GRIJALVA, the bicameral negotiations. It includes porter of our Nation’s refuges, parks, chairman of the committee for once support from key conservation, sports- and public lands, I urge every Member again bringing this measure forward af- men, and environmental stakeholders. of this body to support this legislation fecting Crooked River Ranch. The outstanding provisions in this so that we can provide permanent sta- The Crooked River Ranch Fire Pro- bill will enshrine and safeguard our Na- bility for the Land and Water Con- tection Act is essential to saving lives tion’s conservation legacy for decades servation Fund to improve access for in central Oregon. With another wild- to come. This begins with permanent sportsmen and to conserve wildlife fire season just on the horizon, the peo- reauthorization of the Land and Water habitat for future generations. ple of Crooked River Ranch are really Conservation Fund. It should never Mr. GRIJALVA. Mr. Speaker, I yield deeply concerned that they could be- have expired. Permanent reauthoriza- 1 minute to the gentleman from Ne- come the next Paradise, California, and tion of LWCF will mean this program vada (Mr. HORSFORD), a member of the they are deeply concerned that their and its important work can continue Natural Resources Committee. community could be turned into ash as unimpeded for future generations. Mr. HORSFORD. Mr. Speaker, as the wildfire feeds off the dense fuel loads Almost 20 years ago, John Dingell led Representative of Nevada’s Fourth that surround this community of 5,000 the first effort to permanently reau- Congressional District, a district that people. thorize it with his friends DON YOUNG, is home to over 50,000 square miles of They are there because of a lack of George Miller, Billy Tauzin, and Chris geographically diverse land, including proper management to thin out the John, a geographically and diverse several national monuments and parks, fuel loads because this area is in a wil- group of leaders who happened to like I am proud to voice my support for the derness study area. What we are doing the outdoors and, yes, hunting and Natural Resources Management Act. is moving the boundary back about 800 fishing. As we have heard, this bill perma- acres. So at the BLM, it will all stay LWCF funding has protected some of nently reauthorizes the Land and public. The BLM can come in and use our country’s most treasured natural Water Conservation Fund, an integral mechanical treatment, literally, to re- resources, while creating jobs, sup- conservation program that has pro- duce juniper and sagebrush so that the porting local economies, and providing vided the State of Nevada with $40 mil- firefighters can come in and fight fire countless opportunities for recreation. lion for investment in local parks and if they do get one. Since 1965, LWCS has provided over $3.9 another $60 million to benefit our pub- We know what happens in this kind billion for over 40,000 projects in every lic lands. of terrain, the tragedy, the loss of life, county across this country, with every Moreover, this bill expands access to loss of homes, the loss of community. $1 invested returning $4 in economic outdoor recreation opportunities for There are 5,000 people out on a rim, if value. communities across America. Outdoor you will, in a canyon with only one This benefits every congressional dis- recreation is a vital aspect of Nevada’s way in and one way out. The fire chief trict, every county, and every State in economy. In 2017, it supported nearly has told me that if fire breaks out and this country. Preserving our beautiful 90,000 jobs, contributed $4 billion in it is the wrong kind with enough wind, and iconic places matters to us all and wages, and spurred $12 billion of con- he might not put his firefighters in was the reason for initially starting it. sumer spending in our State. there. So today we are going to save The SPEAKER pro tempore. The I am proud to vote for this bill to ex- lives, thanks to your work. time of the gentlewoman has expired. pand outdoor recreation opportunities, Harry Ward, the fire chief, said this Mr. GRIJALVA. I yield the gentle- particularly for our underserved com- ‘‘has created a dangerous environment woman from Michigan an additional 30 munities, many of whom depend on and continues to threaten the people seconds. Federal funding to develop parks and that live here.’’ Mrs. DINGELL. Being here today recreation. This legislation will adjust that with this bipartisan group of people As the 116th Congress continues, I WSA. The important public safety leg- working to preserve our land, he is look forward to working with my col- islation will give peace of mind to the looking from up above and saying: Well leagues on both sides of the aisle to residents of Crooked River Ranch. done, all of you. continue to develop conservation pro- Last year, a fire only a few miles Mr. BISHOP of Utah. Mr. Speaker, I grams that work for all of America. away burned 2,000 acres. It destroyed yield 1 minute to the gentleman from Mr. BISHOP of Utah. Mr. Speaker, I two homes in less than a day. The next Virginia (Mr. WITTMAN), one of the yield 1 minute to the gentleman from fire season is not far away. We do not hardworking members of our com- North Carolina (Mr. MCHENRY), a gen- want to see images like this of homes mittee. tleman who has never been on our com- turned to ash and lives destroyed in Mr. WITTMAN. Mr. Speaker, I rise mittee, but we have appreciated his central Oregon, where we have a real today in strong support of S. 47, the friendship and helping to move this opportunity to prevent that from hap- Natural Resources Management Act. package. pening thanks to this bipartisan legis- Mr. Speaker, this bill signifies a Mr. MCHENRY. Mr. Speaker, I want lation. strong bipartisan consensus and com- to thank the former chairman and the So I want to thank my Senators who mitment to protecting our Nation’s ranking member for bringing this worked on this. I want to thank Mr. public resources, including parks, wild- package today, and the bipartisan GRIJALVA and Mr. BISHOP for their life, habitat, and access to the out- work that we are advocating for here work on this, and I appreciate its being doors. on the House floor. brought in as part of the package of Today’s vote will help preserve thou- I rise in support of this important bills that now will go to President sands of acres of public land so that bill for two reasons, two reasons di- Trump, who I am convinced will sign it Americans can visit, explore, fish, rectly related to western North Caro- into law. hunt, and enjoy wildlife in the out- lina, where I am honored to represent. Mr. GRIJALVA. Mr. Speaker, I yield doors for generations to come. First, it has a permanent reauthor- 2 minutes to the gentlewoman from I am particularly proud of the meas- ization of the Land and Water Con- Michigan (Mrs. DINGELL), a member of ure which will provide long-term sus- servation Fund. This is a very impor- the Natural Resources Committee. tainability of the Land and Water Con- tant program that uses offshore energy

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.077 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2215 resources to fund protected lands that House is considering. It includes one of Mr. Speaker, I urge the bill’s swift are of national importance: our rivers, my bills, the Yakima River Basin passage. our scenic byways, our lakes. Clean Water Enhancement Project Phase III Mr. BISHOP of Utah. Mr. Speaker, I water in western North Carolina, ac- Act. This legislation authorizes the yield 1 minute to the gentleman from cess to the great outdoors has been a next phase of the Yakima Basin Inte- Montana (Mr. GIANFORTE), who worked great driver of our economy, and LWCF grated Plan, which is a decades-long ef- very hard, especially in December, for has helped fund the preservation and fort to address the vital water needs of the passage of this package. protection of those areas. the ag community, conservationists, Mr. GIANFORTE. Mr. Speaker, I rise Second, I stand in support of this im- and certainly my constituents today in strong support of S. 47, this portant bill because it reauthorizes the throughout the Yakima Basin. lands package. Blue Ridge National Heritage Area. Mr. Speaker, I have not only worked Mr. Speaker, I want to thank both These two pieces of legislation, the on this project for the last three Con- the chairman and the ranking member LWCF reauthorization, and the Blue gresses, but I hate to say it, my efforts for their bipartisan work on this im- Ridge National Heritage Area, are two go back even further, almost 30 years, portant bill. items that I have sponsored independ- more than I would like to admit, as a Our public lands define our Montana ently of this package, and I am glad farmer, former State legislator, and as way of life. Three principles guide my they are a part of this resolution before director of the State department of ag- approach: conserve our public lands, in- us. riculture. Today demonstrates the crease public access, and trust our The Blue Ridge National Heritage closest we have ever come to sending local communities. Area ensures the preservation of the this crucial legislation to the President These principles guided me to protect unique cultural history of western to sign into law. the gateway to Yellowstone National North Carolina and provides access to I firmly believe that the Yakima Park. I met with the residents and our land surrounding the Blue Ridge Workgroup and the Implementation community leaders, and the consensus Parkway. Committee are a model for the rest of is clear: They don’t want mining in So those two important areas are the Nation to follow to address divisive Paradise Valley. That is why I intro- just a small part of this larger package issues. I invite all of my colleagues to duced the legislation to permanently that has been hammered out in a bipar- come see for themselves. This group ban mining on 30,000 acres of public tisan way. I commit it to my col- represents a diverse array of local, land just outside Yellowstone Park. leagues, and I ask for a ‘‘yea’’ vote. Tribal, State, Federal, ag, environ- That measure is included in this pack- age today. b 1745 mental, and private interests. They have worked through decades of pains- This package also permanently reau- Mr. GRIJALVA. Mr. Speaker, I yield taking compromise, collaboration, and thorizes the Land and Water Conserva- 1 minute to the gentlewoman from efforts to find solutions. tion Fund. California (Ms. HILL). So I rise to thank all of them for Susan and I raised our kids hunting, Ms. HILL of California. Mr. Speaker, their hard work, all of the Tribal lead- fishing, and backpacking on our public I thank the chairman for yielding to ers, the State-Federal partners, the lands in Montana, and I know how crit- me. commissioners of the counties, con- ical LWCF is to Montana. Mr. Speaker, I rise in support of S. servation organizations, the cities, Permanently protecting the gateway 47. In addition to permanently reau- local irrigation representatives, and to Yellowstone and permanently reau- thorizing the Land and Water Con- certainly the Natural Resources staff thorizing LWCF will help preserve and servation Fund, which is, of course, who have worked very hard on this all expand public access to our public critically important, this bill also es- along, including Mr. Bill Ball. Without lands. tablishes a memorial for the St. their hard work and deep commitment Mr. Speaker, I strongly urge passage Francis Dam disaster. This memorial is to addressing this comprehensive issue, of this bill. It is so important to Mon- a project that has been a priority for we would not be as close as we are tana. my hometown, the city of Santa today to getting this crucial step done. Mr. GRIJALVA. Mr. Speaker, I yield Clarita, for many years, and the site is Mr. Speaker, I urge the strong sup- 1 minute to the gentleman from Oregon just miles from where I grew up and port of all my colleagues on both sides (Mr. SCHRADER). where my sister now lives. of the aisle for this package of legisla- Mr. SCHRADER. Mr. Speaker, I rise The St. Francis Dam was an integral tion that we consider today. to speak in support of the Natural Re- part of our city’s water infrastructure Mr. GRIJALVA. Mr. Speaker, I yield sources Management Act, a bipartisan back in the 1920s. On March 12, 1928, the 1 minute to the gentlewoman from package that includes my bill, the dam failed, and the resulting flood Massachusetts (Mrs. TRAHAN). Molalla River Wild and Scenic Rivers killed over 450 people, cost millions of Mrs. TRAHAN. Mr. Speaker, I rise to Act. dollars, and destroyed many homes and commend the gentleman from Arizona This legislation would designate over other property. The collapse of the St. and his staff for their tremendous work 21 miles of the Molalla River as wild Francis Dam is considered one of the on this bipartisan bill. and scenic, a Federal designation that worst civil engineering failures of the I particularly appreciate its inclu- will permanently ensure its protection 20th century and is the second dead- sion of a provision originally authored and preservation as one of Oregon’s liest disaster in California history. by my predecessor, Niki Tsongas, to many national State treasures. I am proud that, in the 116th Con- add the Nashua River to the Wild and The idea to designate the Molalla gress, we will finally be able to mag- Scenic River System. River as a wild and scenic recreational nify the stories of this tragedy and pro- Seeking this designation has been a river was initiated over 12 years ago by vide a constant reminder of how crit- labor of love for the communities in Molalla residents who were looking to ical infrastructure is to the safety and the watershed and local leaders like preserve and protect their river. Mr. security of our communities. Marion Stoddart and Elizabeth Ainsley Speaker, I want to acknowledge and Mr. BISHOP of Utah. Mr. Speaker, I Campbell. thank these community partners, chief yield 2 minutes to the gentleman from I also value the bill’s funding cap ad- among them the Molalla River Alli- Washington (Mr. NEWHOUSE). We are justment for Essex National Heritage ance, American Rivers, Molalla River sending out our members all over the Area. Watch, Northwest Steelheaders, the place. He used to be a member of our Finally, it is outstanding to see the Oregon Department of Fish and Wild- committee. He has moved on to lesser bill’s renewal of the Land and Water life, and the city of Molalla. roles now. Conservation Fund, a program that has Mr. Speaker, I would also like to rec- Mr. NEWHOUSE. Mr. Speaker, I benefited nearly every corner of the ognize the efforts of a few key individ- thank Mr. BISHOP, as well as Mr. GRI- Nation, including Minute Man and uals: Mike Moody, John Atkins, Jack JALVA. Lowell National Parks in the district I Hammond, Mike Clarke, Kay Patter- Mr. Speaker, I rise enthusiastically grew up in and am proud to represent son, Craig Roberts, Bill Taylor, David today to support this package that the today. Moryc, Bob Rees, and, frankly, so

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.079 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2216 CONGRESSIONAL RECORD — HOUSE February 26, 2019 many others who have worked tire- This forward-thinking legislation my good friends for working together lessly on this project. It is because of will ensure water security for our to produce this magnificent lands their hard work that the cultural, his- farmers, rivers, salmon, and commu- package. torical, and recreational benefits of the nities for the foreseeable future. It al- Mr. Speaker, this lands package Molalla River will be protected for gen- lows Tribes to make important infra- takes all our precious land seriously, erations to come. structure improvements, protects local including our urban parks. I particu- Mr. Speaker, I urge support for the salmon habitat, and, therefore, is also larly appreciate that this bill allows Natural Resources Management Act. instrumental in saving our dwindling the District of Columbia to receive full Mr. BISHOP of Utah. Mr. Speaker, I Puget Sound orcas. State grant funding for our city parks. yield 1 minute to the gentleman from Mr. Speaker, I applaud my Repub- First off is Franklin Park in down- South Carolina (Mr. DUNCAN), a former lican colleague, Mr. NEWHOUSE, and town D.C. to be rehabilitated with pub- member of our committee, but also a also our Senators, MARIA CANTWELL lic-private partnership money using leader in the sportsmen’s community. and PATTY MURRAY, and so many peo- Federal, local, and private-sector fund- Mr. DUNCAN. Mr. Speaker, I thank ple who worked hard on this plan to ing. the chairman for yielding me time. make it come true, for the effort they This bill incentivizes the private sec- Mr. Speaker, as the former chairman have put in over so many years to see tor to step up and do its part to see of the Congressional Sportsmen’s Cau- this legislation through. that our public parks are as good for cus and an avid outdoorsman, I rise The Yakima River Basin Integrated business as they are for people. The today in support of S. 47, the Natural Plan is a model for the rest of the Founders of the Capital city made sure Resources Management Act. country on how to address water scar- that the Capital would be a city of But let’s be clear. Where does most of city in a changing climate. Partners parks. Watch us set an example for the funding come from to fund the with very divergent interests all came urban parks throughout the country by Land and Water Conservation Fund? together with a common goal of pro- supporting this important legislation. The Land and Water Conservation tecting Washington’s environment and Mr. BISHOP of Utah. Mr. Speaker, I Fund is overwhelmingly funded by roy- wildlife and ensuring our communities am pleased to yield 1 minute to the alties from offshore oil and gas leasing are resilient in the face of a changing gentleman from Tennessee (Mr. on the Outer Continental Shelf. It is climate. BURCHETT). funded mostly from money energy This agreement will help Washington Mr. BURCHETT. Mr. Speaker, I companies that produce fossil fuels pay State for years to come. thank Ranking Member BISHOP for the Federal Government. Mr. BISHOP of Utah. Mr. Speaker, I yielding me this time. Even though we are going to over- yield 1 minute to the gentleman from Mr. Speaker, the Natural Resources whelmingly, even with bipartisan sup- Pennsylvania (Mr. FITZPATRICK). Management Act is notable for its bi- port, permanently reauthorize a pro- Mr. FITZPATRICK. Mr. Speaker, I partisan support and for the conserva- gram that has enjoyed success since rise today in strong support of the Nat- tion of our natural treasures. 1964, it will remain in jeopardy. Why? ural Resources Management Act. I am Tennessee’s Second District, the dis- Because many of the Democrats sup- especially proud this bill will perma- trict I represent, is home to a large porting this have also supported this nently reauthorize the Land and Water portion of the Great Smoky Mountains asinine, illogical, and scientifically un- Conservation Fund. National Park, Mr. Speaker, the most founded proposal called the Green New This vital piece of legislation will visited national park in our Nation. Deal. A shift under the Green New Deal benefit millions of Americans in innu- Last year, more than 10 million visi- away from oil and gas to complete de- merable ways, from promoting rec- tors enjoyed the park, its wildlife, and pendence on renewables, and you can reational activity to contributing to its beautiful views and vistas. kiss this fund good-bye. our Nation’s robust economy, along The Foothills Parkway traverses the How will they propose to pay for the with furthering environmental protec- park, and it includes a bridge currently Land and Water Conversation Fund? I tion and wildlife conservation. called, creatively enough, Bridge 2. S. can assure you it won’t be from royal- The Land and Water Conservation 47 would rename the bridge for the late ties generated by renewable energy. It Fund benefits 98 percent of counties Dean Stone, a longtime editor of The will be from higher taxes. across the United States and contrib- Daily Times in Maryville, Tennessee. I support energy exploration. I sup- utes to an economy that encompasses 1 During his tenure at The Daily port conservation and this bill with as out of 15 American jobs. Times, Dean advocated for the comple- little cost to the American taxpayer. Since its establishment over 50 years tion of the Foothills Parkway that en- That is why I rise in support, but I im- ago, the Land and Water Conservation ables so many to view the park. I hope plore everyone to think about how Fund has greatly benefited my home to take my daughter, Isabel, and my counterproductive the Green New Deal district in Bucks and Montgomery wife, Kelly, up there shortly. really is in actually conserving our Counties in Pennsylvania. Bridge 2 posed one of the greatest precious environment. Treasured public lands, such as challenges to the parkway’s comple- It is time we hold the Green New Nockamixon State Park and Tyler tion. It has been described as an engi- Deal’s supporters accountable to the State Park, and cherished community neering marvel, Mr. Speaker, for the lack of logic and science behind their venues, such as Hatfield Community construction techniques that mini- proposals that have been estimated to Park, are all just a few of the examples mized its environmental impact. cost up to $93 trillion. of the beneficiaries of this valuable It is fitting that this bridge bears Mr. GRIJALVA. Mr. Speaker, I yield fund. Dean’s name, not only so we can con- 1 minute to the gentlewoman from Mr. Speaker, I am encouraged by the tinue our stewardship of these land- Washington (Ms. SCHRIER). strong bipartisan support the Natural scapes, but also so that we can honor Ms. SCHRIER. Mr. Speaker, I thank Resources Management Act has re- the people who pushed us to preserve Mr. GRIJALVA for yielding to me. ceived, and I compliment my col- them and increase their accessibility. Mr. Speaker, I am excited to have the leagues from both sides of the aisle for Mr. GRIJALVA. Mr. Speaker, I won- opportunity to speak on this bill, and I advancing this. It is long overdue, and der if I may inquire if the gentleman strongly encourage all of my col- I urge all of my colleagues to vote in from Utah has any additional speakers. leagues to support this important lands favor of this bill. Mr. BISHOP of Utah. Yes, I have a package. Mr. GRIJALVA. Mr. Speaker, I yield couple speakers. Now, there is one section, the same 1 minute to the gentlewoman from the Mr. GRIJALVA. Mr. Speaker, I re- as DAN NEWHOUSE’s, that is particu- District of Columbia (Ms. NORTON) for serve the balance of my time. larly near and dear to my heart and her comments. Mr. BISHOP of Utah. Mr. Speaker, I critical for my district and for the yield 2 minutes to the gentleman from State of Washington. It is the Yakima b 1800 Georgia (Mr. CARTER). River Basin Integrated Plan that you Ms. NORTON. Mr. Speaker, I thank Mr. CARTER of Georgia. Mr. Speak- just heard about. the gentleman for yielding, and I thank er, I thank the gentleman for yielding.

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.081 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2217 Mr. Speaker, I rise today to encour- Mr. Speaker, in closing, I appreciate And, S. 47 includes my language to encour- age my colleagues to support S. 47, the those who have come down and spoken age innovative ways for citizens to work along- Natural Resources Management Act. on this particular bill, especially when side natural resource agencies to conserve This legislation includes important you can say the word ‘‘Oglethorpe’’ all wildlife and its habitat. provisions for public lands across our the time. It is one of the great names I thank my colleagues on both sides of the Nation, but specifically for three na- in American history. aisle who worked to negotiate this important tional parks in the State of Georgia. This is a good piece of legislation public lands package and I urge my col- One of those includes my own piece of that will make some solutions and leagues to vote yes on S. 47. legislation, a boundary expansion for move this forward. It is not perfect, The SPEAKER pro tempore. The the Fort Frederica National Monument but it actually solves some problems. question is on the motion offered by in the First Congressional District of Many are parochial, but significant, the gentleman from Arizona (Mr. GRI- Georgia. local concerns. JALVA) that the House suspend the Designed by General James That is why this package is here. It rules and pass the bill, S. 47. Oglethorpe in 1733 on St. Simons Is- passed the 63 bills that we have passed The question was taken. land, Fort Frederica was built to de- in the House but were sitting in the The SPEAKER pro tempore. In the fend the young colony against attack Senate. This has a chance of actually opinion of the Chair, two-thirds being from the Spanish in Florida. Nine bringing some kind of cloture to all of in the affirmative, the ayes have it. years later, in 1742, General that. Mr. BISHOP of Utah. Mr. Speaker, on Oglethorpe’s design was put to the test. Mr. Speaker, I urge favorable adop- that I demand the yeas and nays. The Spanish invaded the Georgia col- tion of this piece of legislation, and I The yeas and nays were ordered. ony as part of the larger War of Jen- yield back the balance of my time. The SPEAKER pro tempore. Pursu- kins’ Ear headed directly for Fort Mr. GRIJALVA. Mr. Speaker, I yield ant to clause 8 of rule XX, further pro- Frederica. myself such time as I may consume. ceedings on this motion will be post- The Spaniards numbered around 5,000 Mr. Speaker, I thank everyone who poned. troops, while General Oglethorpe had voiced their support for S. 47. fewer than 1,000 regular soldiers, Na- Before we close and turn to a vote, I f tive Americans, and local colonists again express my thanks to my col- ANNOUNCEMENT BY THE SPEAKER garrisoned inside the tabby structure. leagues who helped bring this bill be- PRO TEMPORE The English detected the Spanish inva- fore us today. It is a major win for con- sion, waded into the marsh, and am- servation across the United States, and The SPEAKER pro tempore. Pro- bushed the enemy troops in an engage- I strongly encourage all my colleagues ceedings will resume on questions pre- ment now called the Battle of Bloody to vote in favor of this legislation. viously postponed. Marsh. Consequently, this battle The American people need to know Votes will be taken in the following turned back the Spanish and was the from this Congress that there are op- order: last of their offensives into the colony portunities to produce bipartisan wins, Passage of H.J. Res. 46; and of Georgia. whether it is for conservation or public Motion to suspend the rules and pass This story, battle, and fort is an im- lands or, more importantly, for the S. 47. portant moment in Georgia history, people of this country. I think this bill The first electronic vote will be con- taught to elementary students represents that. ducted as a 15-minute vote. Pursuant throughout the State as a marker of I extend my appreciation and my to clause 9 of rule XX, the second elec- our resolve and a turning point that thanks to respective staffs on both tronic vote will be conducted as a 5- helped to create the State of Georgia sides of the aisle, for their hard work minute vote. that we now know. in bringing this together. f In passing years, specifically with up- As my friend from Utah said at the dates in technology, we increase our outset of this conversation today, it is TERMINATION OF NATIONAL knowledge of history through new find- not a perfect bill, but it is an effort on EMERGENCY DECLARED BY THE ings. That is exactly the opportunity the part of many of us who came to PRESIDENT ON FEBRUARY 15, we have here with Fort Frederica and this with disparate views, different 2019 why we need this legislation. opinions, and opposition to some of its The SPEAKER pro tempore. Pursu- Studies now show that land just out- content. It was an effort to try to do ant to clause 8 of rule XX, the unfin- side the national park boundary was something that reflected common ished business is the vote on passage of used as a campground and even a bat- ground. I think this bill reflects com- the joint resolution (H.J. Res. 46) relat- tery that protected the area from war- mon ground. I think it is a win for all ing to a national emergency declared ships. This bill adjusts the existing of us. by the President on February 15, 2019, Fort Frederica National Monument to Mr. Speaker, I encourage all my col- on which the yeas and nays were or- include those locations inside the leagues to vote in support of S. 47, and dered. boundary, in an effort to better pre- I yield back the balance of my time. The Clerk read the title of the joint serve those locations and continue to Mr. THOMPSON of California. Mr. Speaker, resolution. learn more about this area and the I rise in strong support of S. 47, the Natural The SPEAKER pro tempore. The critical events that unfolded here in Resources Management Act. question is on the passage of the joint the First Congressional District of This public lands package represents a real resolution. Georgia to create our home State of investment in our natural heritage. The vote was taken by electronic de- By protecting over 1.3 million acres as wil- Georgia. vice, and there were—yeas 245, nays derness, and making significant expansions of This legislation has been in the 182, not voting 5, as follows: works for the last 12 years, beginning some of our most sacred national parks, this when the Saint Simons Land Trust legislation will ensure that our public lands are [Roll No. 94] temporarily purchased the additional pristine and accessible for our children and YEAS—245 land in 2007. grandchildren. Adams Boyle, Brendan Castro (TX) As a lifelong hunter and outdoorsman, I am Aguilar F. Chu, Judy Mr. Speaker, I thank the committee Allred Brindisi Cicilline for their work on this. We need to pre- especially proud that this package includes Amash Brown (MD) Cisneros serve this history for generations to legislation from my ACCESS ACT that is cru- Axne Brownley (CA) Clark (MA) come. cial to sportsmen and sportswomen across the Barraga´ n Bustos Clarke (NY) Bass Butterfield Clay Mr. GRIJALVA. Mr. Speaker, I con- country. Beatty Carbajal Cleaver tinue to reserve the balance of my This includes my legislation to permanently Bera Ca´ rdenas Clyburn time. reauthorize the Land and Water Conservation Beyer Carson (IN) Connolly Mr. BISHOP of Utah. Mr. Speaker, I Fund, our nation’s most successful conserva- Bishop (GA) Cartwright Cooper Blumenauer Case Correa yield myself such time as I may con- tion program in all 50 states, for over 50 Blunt Rochester Casten (IL) Costa sume. years. Bonamici Castor (FL) Courtney

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.083 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2218 CONGRESSIONAL RECORD — HOUSE February 26, 2019 Cox (CA) Kildee Raskin Holding Meuser Smith (NE) Bera Gabbard McAdams Craig Kilmer Rice (NY) Hollingsworth Miller Smith (NJ) Bergman Gaetz McBath Crist Kim Richmond Hudson Mitchell Smucker Beyer Gallagher McCaul Crow Kind Rodgers (WA) Huizenga Moolenaar Spano Bilirakis Gallego McClintock Cuellar Kirkpatrick Rooney (FL) Hunter Mooney (WV) Stauber Bishop (GA) Garamendi McCollum Cummings Krishnamoorthi Rose (NY) Johnson (LA) Mullin Steil Bishop (UT) Garcı´a (IL) McEachin Cunningham Kuster (NH) Rouda Johnson (OH) Newhouse Steube Blumenauer Garcia (TX) McGovern Davids (KS) Lamb Roybal-Allard Jordan Norman Stewart Blunt Rochester Gianforte McHenry Davis (CA) Langevin Ruiz Joyce (OH) Nunes Stivers Bonamici Gibbs McKinley Davis, Danny K. Larsen (WA) Ruppersberger Joyce (PA) Olson Taylor Bost Golden McNerney Kelly (MS) Palazzo Dean Larson (CT) Rush Thompson (PA) Boyle, Brendan Gomez Meeks Kelly (PA) Palmer DeGette Lawrence Ryan Thornberry F. Gonzalez (OH) Meng DeLauro Lawson (FL) King (IA) Pence Sa´ nchez Timmons Brady Gonzalez (TX) Meuser DelBene Lee (CA) King (NY) Perry Sarbanes Tipton Brindisi Gosar Miller Delgado Lee (NV) Kinzinger Posey Scanlon Turner Brooks (IN) Gottheimer Mitchell Demings Levin (CA) Kustoff (TN) Ratcliffe Brown (MD) Schakowsky Walberg Granger Moolenaar DeSaulnier Levin (MI) LaHood Reed Brownley (CA) Green (TX) Mooney (WV) Schiff Walker Deutch Lewis LaMalfa Reschenthaler Buchanan Grijalva Moore Schneider Walorski Dingell Lieu, Ted Lamborn Rice (SC) Bucshon Grothman Morelle Schrader Waltz Doggett Lipinski Latta Riggleman Burchett Guest Moulton Schrier Watkins Doyle, Michael Loebsack Lesko Roby Bustos Guthrie Mucarsel-Powell Scott (VA) Weber (TX) F. Lofgren Long Roe, David P. Butterfield Haaland Murphy Scott, David Webster (FL) Engel Lowenthal Loudermilk Rogers (AL) Byrne Harder (CA) Nadler Sensenbrenner Wenstrup Escobar Lowey Lucas Rogers (KY) Calvert Hartzler Napolitano Serrano Westerman Eshoo Luja´ n Luetkemeyer Rose, John W. Carbajal Hastings Neal Sewell (AL) Williams Espaillat Luria Marchant Rouzer Ca´ rdenas Hayes Neguse Shalala Wilson (SC) Evans Lynch Marshall Roy Carson (IN) Heck Newhouse Sherman Wittman Finkenauer Malinowski Mast Rutherford Carter (GA) Herrera Beutler Norcross Womack Fitzpatrick Maloney, Sherrill McCarthy Scalise Cartwright Higgins (NY) O’Halleran Woodall Fletcher Carolyn B. Sires McCaul Schweikert Case Hill (AR) Ocasio-Cortez Wright Foster Maloney, Sean Slotkin McClintock Scott, Austin Casten (IL) Hill (CA) Omar McHenry Shimkus Yoho Fudge Massie Smith (WA) Castor (FL) Himes Palazzo McKinley Simpson Young Gabbard Matsui Soto Castro (TX) Hollingsworth Pallone Meadows Smith (MO) Zeldin Gallagher McAdams Spanberger Chu, Judy Horn, Kendra S. Panetta Gallego McBath Speier Cicilline Horsford Pappas Garamendi McCollum NOT VOTING—5 Stanton Cisneros Houlahan Pascrell Garcı´a (IL) McEachin Stefanik Cohen Frankel Wagner Clark (MA) Hoyer Payne Garcia (TX) McGovern Stevens DeFazio Katko Clarke (NY) Hudson Pence Golden McNerney Suozzi Clay Huffman Perlmutter Gomez Meeks Swalwell (CA) b 1832 Cleaver Hurd (TX) Peters Gonzalez (TX) Meng Takano Clyburn Jackson Lee Peterson Gottheimer Moore So the joint resolution was passed. Thompson (CA) Cole Jayapal Phillips Green (TX) Morelle Thompson (MS) The result of the vote was announced Collins (GA) Jeffries Pingree Grijalva Moulton Titus as above recorded. Collins (NY) Johnson (GA) Pocan Haaland Mucarsel-Powell Tlaib Comer Johnson (OH) Porter Harder (CA) Murphy A motion to reconsider was laid on Tonko Conaway Hastings Nadler Johnson (SD) Posey Torres (CA) the table. Hayes Napolitano Connolly Johnson (TX) Pressley Torres Small Heck Neal f Cook Joyce (OH) Price (NC) (NM) Herrera Beutler Neguse Cooper Joyce (PA) Quigley Trahan Higgins (NY) Norcross ANNOUNCEMENT BY THE SPEAKER Correa Kaptur Raskin Trone Hill (CA) O’Halleran PRO TEMPORE Costa Keating Ratcliffe Underwood Himes Ocasio-Cortez Courtney Kelly (IL) Reed Horn, Kendra S. Omar Upton The SPEAKER pro tempore. The Cox (CA) Kelly (MS) Reschenthaler Horsford Pallone Van Drew Chair will remind all persons in the Craig Kelly (PA) Rice (NY) Vargas Houlahan Panetta gallery that they are here as guests of Crawford Kennedy Rice (SC) Hoyer Pappas Veasey Crenshaw Khanna Richmond Huffman Pascrell Vela the House and that any manifestation Crist Kildee Riggleman Hurd (TX) Payne Vela´ zquez of approval or disapproval of pro- Crow Kilmer Roby Jackson Lee Pelosi Visclosky ceedings is in violation of the rules of Cuellar Kim Rodgers (WA) Walden Cummings Kind Roe, David P. Jayapal Perlmutter the House. Jeffries Peters Wasserman Cunningham King (NY) Rogers (AL) Curtis Kinzinger Rogers (KY) Johnson (GA) Peterson Schultz f Johnson (SD) Phillips Waters Davids (KS) Kirkpatrick Rooney (FL) Johnson (TX) Pingree Watson Coleman Davis (CA) Krishnamoorthi Rose (NY) NATURAL RESOURCES Davis, Danny K. Kuster (NH) Rouda Kaptur Pocan Welch MANAGEMENT ACT Keating Porter Wexton Davis, Rodney Kustoff (TN) Rouzer Kelly (IL) Pressley Wild Dean LaHood Roybal-Allard The SPEAKER pro tempore. Pursu- DeGette Lamb Ruiz Kennedy Price (NC) Wilson (FL) ant to clause 8 of rule XX, the unfin- Khanna Quigley Yarmuth DeLauro Lamborn Ruppersberger ished business is the vote on the mo- DelBene Langevin Rush NAYS—182 tion to suspend the rules and pass the Delgado Larsen (WA) Rutherford Demings Larson (CT) Ryan Abraham Calvert Flores bill (S. 47) to provide for the manage- DeSaulnier Latta Sa´ nchez Aderholt Carter (GA) Fortenberry ment of the natural resources of the DesJarlais Lawrence Sarbanes Allen Carter (TX) Foxx (NC) United States, and for other purposes, Deutch Lawson (FL) Scanlon Amodei Chabot Fulcher Diaz-Balart Lee (CA) Schakowsky Armstrong Cheney Gaetz on which the yeas and nays were or- Dingell Lee (NV) Schiff Arrington Cline Gianforte dered. Doggett Lesko Schneider Babin Cloud Gibbs The Clerk read the title of the bill. Doyle, Michael Levin (CA) Schrader Bacon Cole Gohmert The SPEAKER pro tempore. The F. Levin (MI) Schrier Baird Collins (GA) Gonzalez (OH) Duncan Lieu, Ted Schweikert Balderson Collins (NY) Gooden question is on the motion offered by Dunn Lipinski Scott (VA) Banks Comer Gosar the gentleman from Arizona (Mr. GRI- Emmer Loebsack Scott, Austin Barr Conaway Granger JALVA) that the House suspend the Engel Lofgren Scott, David Bergman Cook Graves (GA) Escobar Long Serrano Biggs Crawford Graves (LA) rules and pass the bill. Eshoo Loudermilk Sewell (AL) Bilirakis Crenshaw Graves (MO) This is a 5-minute vote. Espaillat Lowenthal Shalala Bishop (UT) Curtis Green (TN) The vote was taken by electronic de- Estes Lowey Sherman Bost Davidson (OH) Griffith vice, and there were—yeas 363, nays 62, Evans Luetkemeyer Sherrill Brady Davis, Rodney Grothman Ferguson Luja´ n Shimkus Brooks (AL) DesJarlais Guest not voting 6, as follows: Finkenauer Luria Simpson Brooks (IN) Diaz-Balart Guthrie [Roll No. 95] Fitzpatrick Lynch Sires Buchanan Duffy Hagedorn Fleischmann Malinowski Slotkin Buck Duncan Harris YEAS—363 Fletcher Maloney, Smith (NE) Bucshon Dunn Hartzler Adams Amodei Balderson Flores Carolyn B. Smith (NJ) Budd Emmer Hern, Kevin Aderholt Armstrong Barr Fortenberry Maloney, Sean Smith (WA) Burchett Estes Hice (GA) Aguilar Axne Barraga´ n Foster Marshall Smucker Burgess Ferguson Higgins (LA) Allen Bacon Bass Foxx (NC) Mast Soto Byrne Fleischmann Hill (AR) Allred Baird Beatty Fudge Matsui Spanberger

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.028 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2219 Spano Tonko Wasserman H. CON. RES. 21 tive change that will last for genera- Speier Torres (CA) Schultz Resolved by the House of Representatives (the tions both in Onondaga County and Stanton Torres Small Waters Senate concurring), That in the enrollment of Stefanik (NM) Watkins throughout the State of New York. Steil Trahan Watson Coleman the bill S. 47, the Secretary of the Senate Mr. Speaker, I ask that my col- Stevens Trone Webster (FL) shall make the following corrections: leagues join me in celebrating Samuel Stewart Turner Welch (1) Strike subsection (a) of section 1 and in- D. Roberts, a pioneering community Stivers Underwood Westerman sert the following: ‘‘(a) SHORT TITLE.—This Suozzi Upton leader. Wexton Act may be cited as the ‘John D. Dingell, Jr. Swalwell (CA) Van Drew Wild f Takano Vargas Conservation, Management, and Recreation Wilson (FL) Thompson (CA) Veasey Act’.’’. COMMENDING CORRECTIONS Wilson (SC) Thompson (MS) Vela (2) Strike the header of section 9003 and in- OFFICERS Thompson (PA) Vela´ zquez Wittman sert ‘‘JOHN S. MCCAIN III 21ST CENTURY CON- Womack Thornberry Visclosky SERVATION SERVICE CORPS ACT’’ (and conform (Mr. THOMPSON of Pennsylvania Timmons Walberg Woodall the table of sections accordingly). asked and was given permission to ad- Tipton Walden Yarmuth dress the House for 1 minute and to re- Titus Walorski Young The concurrent resolution was agreed Tlaib Waltz Zeldin to. vise and extend his remarks.) Mr. THOMPSON of Pennsylvania. NAYS—62 A motion to reconsider was laid on the table. Madam Speaker, this month I met with Abraham Graves (LA) Mullin representatives from two Federal cor- Amash Graves (MO) Norman f Arrington Green (TN) Nunes rectional institutions located in the Babin Griffith Olson b 1845 15th District of Pennsylvania: FCI Banks Hagedorn Palmer McKean and FCI Loretto. Biggs Harris Perry REQUEST TO CONSIDER H.R. 962, I thank the representatives for vis- Brooks (AL) Hern, Kevin Rose, John W. BORN-ALIVE ABORTION SUR- iting my Washington, D.C., office and Buck Hice (GA) Roy Budd Higgins (LA) VIVORS PROTECTION ACT taking the time to discuss their prior- Scalise Burgess Holding Sensenbrenner Mr. PALMER. Mr. Speaker, I ask ities for the year ahead. They shared Carter (TX) Huizenga the need to increase staffing levels at Chabot Hunter Smith (MO) unanimous consent that the Com- Cheney Johnson (LA) Stauber mittee on the Judiciary be discharged Federal prisons because low personnel Cline Jordan Steube from further consideration of H.R. 962, numbers can result in a more dan- Cloud King (IA) Taylor gerous working environment. Walker the Born-Alive Abortion Survivors Pro- Davidson (OH) LaMalfa Today I commend corrections offi- Duffy Lucas Weber (TX) tection Act, and ask for its immediate Fulcher Marchant Wenstrup consideration in the House. cers at FCI McKean and Loretto and Gohmert Massie Williams The SPEAKER pro tempore. Under all across our country who help protect Gooden McCarthy Wright our communities and uphold the values Graves (GA) Meadows Yoho guidelines consistently issued by suc- cessive Speakers, and recorded in sec- of our justice system. Officers face dan- NOT VOTING—6 tion 956 of the House Rules and Man- gerous situations in the workplace Cohen Frankel Lewis ual, the Chair is constrained not to en- every day, but that does not deter DeFazio Katko Wagner tertain the request unless it has been them. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE cleared by the bipartisan floor and Just like our first responders, correc- The SPEAKER pro tempore (during committee leaderships. tions officers are regularly risking the vote). There are 2 minutes remain- Mr. PALMER. Mr. Speaker, if this their lives to keep their community ing. unanimous consent request, which members safe. They enforce the rule of law, and they carry out their duties b 1841 would prevent the killing of a living child, cannot be entertained, I wonder without complaint. Their dedication So (two-thirds being in the affirma- what might be. and sacrifice often goes unnoticed by tive) the rules were suspended and the The SPEAKER pro tempore. The gen- the public, but we owe them our grati- bill was passed. tleman has not been recognized for de- tude. The result of the vote was announced bate. Madam Speaker, let us always thank as above recorded. them for the important work that they A motion to reconsider was laid on f do to keep us safe. the table. HONORING SAMUEL D. ROBERTS f f (Mr. PAYNE asked and was given GUN VIOLENCE ANNOUNCEMENT BY THE SPEAKER permission to address the House for 1 (Mr. MORELLE asked and was given PRO TEMPORE minute and to revise and extend his re- permission to address the House for 1 The SPEAKER pro tempore. The marks.) minute and to revise and extend his re- Chair will remind all persons in the Mr. PAYNE. Mr. Speaker, I rise marks.) gallery that they are here as guests of today to honor Samuel D. Roberts for Mr. MORELLE. Madam Speaker, I the House and that any manifestation his lifetime of service to the people of rise today to urge my colleagues to of approval or disapproval of pro- New York. vote ‘‘yes’’ on an historic piece of legis- ceedings is in violation of the rules of Sam’s career began with General Mo- lation that will make its way to the the House. tors, where he was a union worker who floor tomorrow, H.R. 8, which will re- served as chairman of the UAW Local f quire background checks on all gun 465 Education and Civil Rights Com- sales in the United States. DIRECTING THE SECRETARY OF mittees. While at GM, Sam served five In 2017, almost 40,000 Americans died THE SENATE TO MAKE A COR- terms as an Onondaga County legis- from gun violence—the highest total RECTION IN THE ENROLLMENT lator. Then the people of New York on record since the Centers for Disease OF THE BILL S. 47 State’s 128th Assembly District sent Control began tracking the statistics Mr. GRIJALVA. Mr. Speaker, I send him to represent them in Albany. 50 years ago. This is an epidemic that to the desk a concurrent resolution and After 5 years in the State assembly, for far too long has gone unaddressed ask unanimous consent for its imme- Governor Andrew Cuomo tapped Sam at the Federal level. But that stops diate consideration in the House. to serve as commissioner of New now. The Clerk read the title of the con- York’s Office of Temporary and Dis- Thoughts and prayers cannot stop current resolution. ability Assistance, a $5.4 billion office the never-ending string of gun violence The SPEAKER pro tempore. Is there that oversees more than 2,000 workers. that terrorizes communities across the objection to the request of the gen- Sam recently retired from govern- Nation, but commonsense legislation tleman from Arizona? ment to serve as a special advisor to can. That is why I am so proud to co- There was no objection. SUNY Oswego’s president. sponsor H.R. 8, which marks a signifi- The text of the concurrent resolution Throughout it all, Sam has kept cant step forward in our efforts to keep is as follows: community first. He has created posi- guns out of the wrong hands.

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.029 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2220 CONGRESSIONAL RECORD — HOUSE February 26, 2019 I urge my colleagues to vote in favor minute and to revise and extend his re- THE STORY OF MICHAEL COHEN of this legislation tomorrow and to marks.) (Mr. GAETZ asked and was given per- continue our work to ensure safer Mr. SMUCKER. Madam Speaker, as mission to address the House for 1 neighborhoods across America. you know, this month is Black History minute and to revise and extend his re- Month, and I am taking some time to f marks.) remember African Americans who have Mr. GAETZ. Madam Speaker, I guess TRAGIC FLOODING made a difference in the community tomorrow we will find out if there is (Mr. BURCHETT asked and was given where I live. anyone that Michael Cohen hasn’t lied permission to address the House for 1 I rise today to honor one of my com- to. We already know he lied to Con- minute and to revise and extend his re- munity’s civil rights and community gress. We already know he lied to law leaders, Mr. Nelson Polite, Sr., of Lan- marks.) enforcement, lied to the IRS, lied to caster. Mr. Polite was one of the early Mr. BURCHETT. Madam Speaker, I three banks, and he is going to prison leaders in the civil rights movement in rise tonight concerned about residents for his lies. So I guess it will be rel- Lancaster in the 1960s. He was a fierce of my district dealing with flooding evant for us to determine: Does he lie advocate who worked hard to change that claimed one life there and has to his own family? Does he lie to his the unjust policies of segregation. financiers? Does he lie to his financiers damaged roads and private property Mr. Polite devoted his life to the throughout the region. The loss of life who are members of his family? ideals of fairness and justice for every- It will be one heck of an inquiry for during this recent flooding is tragic, one, regardless of their skin color. He and my family and I continue to pray us because this is someone who has organized protests against Whites-only tangled such a web of lies that he is for everyone affected back home. admittance at Rocky Springs pool and not to be believed. I think it is entirely One group of people deserves to be followed in the footsteps of his father, appropriate for any Member of this recognized for the work they do in who helped found the Lancaster body to challenge the truthfulness, ve- times of crisis, and they are our first NAACP. racity, and character of people who responders and other emergency per- Mr. Polite led by example and rep- have a history of lying and have a fu- sonnel. When the rest of us are seeking resented the goodness of our commu- ture that undoubtedly contains noth- shelter from the storm, the men and nity. He was active in his church and ing but lies. That is the story of Mi- women who make up our fire and police worked to ensure that residents had chael Cohen. departments, rescue crews, and emer- job opportunities, housing, and overall We will see it play out tomorrow, and gency communications professionals quality of life. I for one can’t wait to get to the bot- are going to work to coordinate a rapid He served as a Lancaster councilman tom of things and can’t wait to get to response that will save lives and help for 12 years. This month, Black History the truth. limit property damage. Month, marks 3 years since he passed f It is appropriate that during these away, but the evidence of the change times of disaster we continue to pray that he fought for is evident in our HIGH-SPEED RAIL IN CALIFORNIA for those who are suffering and show community. I was proud to count him (Mr. LAMALFA asked and was given appreciation for those who work so as a personal friend, and it is my honor permission to address the House for 1 hard to protect us. to remember him today and, this minute and to revise and extend his re- Madam Speaker, I ask that all my month, highlight the work that he did. marks.) House colleagues join me in doing that. f Mr. LAMALFA. Madam Speaker, f California’s high-speed rail system has GUN VIOLENCE broken promise after promise and GUN VIOLENCE (Mrs. HAYES asked and was given made false claim after false claim. (Mr. NORCROSS asked and was given permission to address the House for 1 I want to commend President Trump permission to address the House for 1 minute.) for working to pull back the $928 mil- Mrs. HAYES. Madam Speaker, I rise minute.) lion that is still authorized, that could today to voice my support for two bills Mr. NORCROSS. Madam Speaker, I be reachable, and turn this money into that the House will consider this week: am here to tell a story about gun vio- something that could be useful for H.R. 8 and H.R. 1112. These bills are the lence that spans multiple generations, more Americans or even for more Cali- first comprehensive gun violence pre- and it started in my hometown of Cam- fornians. vention bills to be considered in the Now, we also need to send a bill to den, a city in New Jersey. House since the Violent Crime Control the State of California for $2.5 billion A tragic event happened in Camden and Law Enforcement Act was signed for the money they wasted for a project in 1949. Howard Unruh shot and killed into law in 1994. that has not fulfilled what was re- 13 people. This event is now considered Far too often innocent lives are quired in the proposition the people the first modern mass shooting in our claimed due to gun violence. Nearly passed by 52 percent to 48 percent. The country’s history. 40,000 people die of gun-related injuries price has more than tripled since then. During those horrific events that un- per year. We need to focus on doing the trans- folded, a 12-year-old boy hid in the While mass shootings often dominate portation projects in the country that closet as his mother and father were the headlines, we cannot continue to would actually help move people in a slaughtered. His name was Charles turn a blind eye to the gun violence fashion that they can use. Cohen, and nearly 70 years later in a happening on a daily basis in cities all Governor Newsom was right there school in Parkland, Florida, his own over the country and even my own with his State of the State speech the granddaughter, Carly Novell, hid in a hometown of Waterbury, Connecticut. I other day. I know he knows different. closet, just like her grandfather did. have lived in a neighborhood where the Let’s go ahead and put a stop to this Carly is with us today to see how true sound of gunshots in the distance was project, put the money back into fixing democracy works. as normal as hearing church bells, and, our highway system or our levee sys- I will end with Carly’s words. She as a teacher and a mother, I have seen tem or our water system in the State said: ‘‘This pain shouldn’t be genera- firsthand how the fear of violence af- of California and not send the bill to tional.’’ fects our children. the other 49 States of this country She is right. It shouldn’t have hap- For far too long, Congress has failed that, in good faith, initially sent that pened, and we must do more for our our communities by remaining silent as part of the stimulus package. Let’s children, for our grandchildren, and for on this issue. America is ready for put it into good, solid projects. everyone in our communities. commonsense background check legis- f f lation. I owe it to my community, I b 1900 owe it to my State, and I owe it to the BLACK HISTORY MONTH people of Newtown, Connecticut. That BORDER SECURITY (Mr. SMUCKER asked and was given is why I look forward to casting my (Mr. HARRIS asked and was given permission to address the House for 1 vote in support of H.R. 8 and H.R. 1112. permission to address the House for 1

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.093 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2221 minute and to revise and extend his re- Lucas, a disability rights attorney who pio- but that was disrupted due to prejudice marks.) neered representation for parents with dis- against parents with disabilities. Where Mr. HARRIS. Madam Speaker, it is a abilities, died after an arbitrary denial from most people might be upset and feel helpless, shame that the new House majority, an insurance company caused a plethora of Carrie Ann was furious and went to law instead of fully funding border secu- health problems, exacerbating her disabil- school to represent parents with disabilities. ities and eventually leading to her pre- Carrie adopted three more children over rity, a few minutes ago actually passed mature death. She was 47 years old. the years, Adrianne Lucas, Azisa Lucas and H.J. Res. 46, which would reverse the Carrie Ann Lucas is known around the Anthony Lucas. All of her accomplishments President’s emergency declaration that state and the country for her strong advo- centered on her dedication to her children he signed 2 weeks ago that secures our cacy. and her role as a mother. All of her children border. Carrie Ann grew up in Windsor, Colorado, have significant disabilities and Carrie Ann Now, in Maryland, we have a real and had several careers including being a always made sure that they were not only problem. We are the second most ac- teacher, ordained minister and legal assist- educated and included in their communities, ant before becoming an attorney. Carrie but that they were loved, respected, and sup- tive State for MS–13, which just walks graduated from Whitworth College in 1994, across our border now because we don’t ported in their individual hopes and dreams. traveled and taught in Saipan, and then re- Carrie had a severe neuromuscular disease, have barriers. We have a huge problem, turned to the states to attend the Iliff a rare form of muscular dystrophy. She re- like every State in the Union, with School of Theology. She received a Master’s lied on a power wheelchair, and had used a drugs, with opioids that are just of Divinity with Justice and Peace Con- ventilator for years. However, her death was walked across our border, which isn’t centration from Iliff in 1999, but during her premature and caused by inappropriate and secured. And, Madam Speaker, we have time there, became increasingly involved in brutal cost containment procedures of an in- a huge problem with human traf- disability advocacy. After she graduated, she surance company. Because Carrie Ann started working as an advocate and later worked for the state, she had use state insur- ficking. legal assistant for the Colorado Cross-Dis- If this resolution is passed by the ance which was primary ahead of her Medi- ability Coalition, investigating, preparing, care and Medicaid. In January of 2018 she got Senate, I hope that the President ve- and monitoring disability rights cases and toes the resolution, we sustain that a cold which turned into a trach and lung in- providing informal advocacy on a wide range fection. Her insurance company veto, and we finally secure our border. of topics. While there, she was granted a full UnitedHealthcare, refused to pay for the one f scholarship as a Chancellor’s Scholar at the specific inhaled antibiotic that she really University of Denver School of Law. needed. She had to take a less effective drug HONORING THE LIFE OF CARRIE Following her graduation from law school and had a bad reaction to that drug. This in 2005, she was awarded a prestigious Equal ANN LUCAS created a cascade of problems, loss of func- Justice Works fellowship to create a pro- (Mr. NEGUSE asked and was given tion (including her speech). United gram to combat discrimination that impacts Healthcare’s attempt to save $2,000 cost over permission to address the House for 1 parenting for parents with disabilities. This $1 million in health care costs over the past minute.) program, initially started within the Colo- year. This includes numerous hospitaliza- Mr. NEGUSE. Madam Speaker, I rise rado Cross-Disability Coalition, spun off to tions, always involving the Intensive Care today because, on February 24, Colo- be Disabled Parents Rights, one of the only Unit which is par for the course for venti- rado and our Nation lost a fierce and organizations in the country devoted to this lator users. issue. She also became a national expert and fearless advocate, Carrie Ann Lucas of Carrie Ann had hoped to spend a lot of trainer on the rights of parents with disabil- Windsor, Colorado. time in 2019 using her tragedy to work to fix ities and, through her legal advocacy, se- A mother, an activist, and an attor- our broken health care system. Her blog cured decisions upholding and promoting ney, Carrie practiced family law to pre- www.disabilitypride.com provides more de- those rights here in Colorado. Most recently vent discrimination against parents tails. For all intents and purposes a shero of she was recruited by the Colorado Office of our community was murdered in the name of with disabilities. She adopted four chil- Respondent Parents Counsel to help set up a cost containment. This is why we MUST dren, and her accomplishments cen- program to train other lawyers around the fight these measures with all we have. Insur- tered on her dedication to them. All state to replicate the sort of impact she was ance companies and government programs her children have significant disabil- making. must not be allowed to deny people what ities, and Carrie always ensured that In addition to these professional activities, Ms. Lucas was an advocate with the dis- they need. Just last month she was having to they were loved, respected, and sup- ration her insulin for her type 1 diabetes be- ported in their individual hopes and ability rights groups ADAPT and Not Dead Yet, speaking, teaching, writing, testifying, cause of the same insurance company and dreams. and protesting on disability justice and the how impossible it is to work between private Carrie devoted so much to ensuring rights of people with disabilities to insurance and Medicare and Medicaid. This her wisdom never stayed with just her healthcare and respect. She was also a tal- is a great example of why people with dis- but was shared throughout the dis- ented photographer and cook. Carrie Ann abilities should not be forced into insurance ability rights community, the legal was an activist at heart. She graduated from or health plans and why we need Medicaid as EMERGE, ran for Windsor City Council in the primary health delivery system for this world, and our Nation. She spoke out country. strongly and protested each day for the 2017, and was planning on additional political activity. She was chair of Colorado Demo- In addition to her four children, Carrie rights of people with disabilities to Arm is survived by her parents Phil and Lee comprehensive healthcare with dignity crats with Disabilities for the past several years. She was a member of the ADAPT Lucas, sister Courtney Lucas, brother Eric and respect. group that protested in Cory Gardner’s office Gover, her niece Danielle Mann, nephews It is a permanent scar on our Nation and got arrested to help save the Affordable Cody Mann, Gavin and Colin Lucas, that Carrie was lost to the refusal of an Care Act in 2017, particularly Medicaid. She Danielle’s partner Aaron Boone and their insurance company to cover one par- served on the Board of Directors of the sons Izaiah, Kyal and Eli, Gavin’s wife Kath- ticular medication, which led to esca- American Civil Liberties Union of Colorado. leen and their daughter Emily and Colin’s She was active with Not Dead Yet and fought son Dakota. She is predeceased by a sister, lating health issues and, eventually, Kelli Mann and her grandparents. She is also her premature death. hard against physician assisted suicide and the notion that life with a disability is not survived by her partner Dr. Kimberley Jack- Carrie’s activism knew only the son, a CCDC Board member and activist in bounds of freedom and of justice. She worth living. She demonstrated every day how amazing life with a disability can be. the disability community. She will be missed was ceaselessly bold, brave, and self- She was given the Intersectionality Award by a wide circle of friends and colleagues less. from The Civil Rights Education and En- throughout the country. My thoughts are with her family, and forcement Center in 2016. She was a leader in f I pray that this body will gain some of passing HB 18–1104 which changed Colorado APPOINTMENT OF MEMBER TO the bravery that never faltered in her law to make sure that disability was no CONGRESSIONAL-EXECUTIVE and use it as an inspiration to ensure longer a reason to remove a child from a pa- COMMISSION ON THE PEOPLE’S that no American goes without rental home. There is much, much more. REPUBLIC OF CHINA healthcare—ever. Carrie became a lawyer to practice family Madam Speaker, I include in the law after lived experience of discrimination The SPEAKER pro tempore (Ms. against parents with disabilities firsthand. SCANLON). The Chair announces the RECORD the obituary of Carrie Ann In 1998 fostered and later adopted her oldest Lucas. daughter, Heather Lucas. Heather has sig- Speaker’s appointment, pursuant to 22 OBITUARY FOR CARRIE A. LUCAS nificant developmental disabilities and was U.S.C. 6913, and the order of the House The disability community lost one of its languishing in another state. She fostered of January 3, 2019, of the following fiercest advocates on 2/24/19. Carrie Ann and was preparing to adopt a second child, Member on the part of the House to the

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.095 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2222 CONGRESSIONAL RECORD — HOUSE February 26, 2019 Congressional-Executive Commission ship on this matter, and I appreciate mandatory spending—spending on on the People’s Republic of China: his leadership very much on H. Res. Medicare, Medicaid, and Social Secu- Mr. MCGOVERN, Massachusetts, Chair 149, a resolution recognizing the na- rity—all go up. The question I would ask is: When f tional debt as a threat to our national security. are we going to stop? Is it going to APPOINTMENT OF MEMBER TO In February 2000, the total national take placing a debt clock over the SERVE AS CO-CHAIR OF THE debt, including intragovernmental chair of the Speaker? Do we need to TOM LANTOS HUMAN RIGHTS holdings, was $5.7 trillion. Federal have something to remind us, sitting COMMISSION spending as a percentage of gross do- here in the body, what we are going to The SPEAKER pro tempore. The mestic product was 17.5 percent. Today, be leaving to our children? Because it Chair announces the Speaker’s ap- the total national debt now exceeds $22 is our responsibility, what we leave be- pointment, pursuant to section 104(b) trillion. hind to our kids. It is irresponsible when we look at of House Resolution 6, 116th Congress, The last balanced budget was signed every bill, every one of these little bills and the order of the House of January into law in 1997, and the Congressional Budget Office projects that Federal that comes across our desk. 3, 2019, of the following Member to People say, well, why did you vote serve as co-chair of the Tom Lantos spending as a percentage of GDP is pro- jected to be 20.8 percent this year. In ‘‘no,’’ Mr. ROY? Well, it was just an- Human Rights Commission: February 2018, Congress passed a budg- other $500,000. It was just another $5 Mr. MCGOVERN, Massachusetts et agreement that busted the pre- million. f viously established spending caps by That is not how you spend at home. It is time that this body gets serious APPOINTMENT OF MEMBER TO MI- almost $300 billion over 2 years. All those numbers don’t mean any- about spending restraint. It is time GRATORY BIRD CONSERVATION that this body recognize—as I am very COMMISSION thing to the American people tuning in to C–SPAN right now. They are giant happy that my friend from Arizona The SPEAKER pro tempore. The numbers. They are really difficult for has, and I am proud to join him in say- Chair announces the Speaker’s ap- people to understand and comprehend. ing that this is an impact on our na- pointment, pursuant to section 2 of the But we are talking about the future of tional security and a threat to our na- Migratory Bird Conservation Act (16 our Nation and what we are leaving to tional security. When we know right now that the in- U.S.C. 715a), and the order of the House our children. of January 3, 2019, of the following We are leaving them with an econ- terest on our debt is pretty soon going Member on the part of the House to the omy that is anchored by $22 trillion in to eclipse the amount of spending we Migratory Bird Conservation Commis- debt that is going to turn to $25, $30 are spending at the Department of De- fense, that is a threat to our national sion: and $40 trillion because, this year security. We can’t sustain it. Mr. THOMPSON, California alone, we are going to have a trillion- When we say now that we are going f dollar deficit, with no end in sight. to spend more money for the tools that We are making it to where our chil- our men and women need, how are we RECOGNIZING NATIONAL DEBT AS dren can’t comprehend what freedom is going to afford to spend on those tools THREAT TO NATIONAL SECURITY like in this country and what oppor- in 2030 or 2040 when we are spending tunity is like in this country because The SPEAKER pro tempore. Under more, literally, on interest than we are they are going to have an economy the Speaker’s announced policy of Jan- on what they need? uary 3, 2019, the gentleman from Ari- that is weighted down by this body’s I am proud to join my friend to make zona (Mr. BIGGS) is recognized for 60 and the Senate’s irresponsibility. the case here that this is a threat to minutes as the designee of the minor- Nobody in America balances their our national security. I call on my col- ity leader. budgets at home like this. I assure my leagues to join us, to join this resolu- friend from Arizona, our States don’t GENERAL LEAVE tion. I call on them to have the same balance their budgets like this. Nobody Mr. BIGGS. Madam Speaker, I ask level of resolve to limit spending and looks at the total number for income unanimous consent that all Members to make sure that we pass down the you have, then blows it by 25 or 30 per- may have 5 legislative days in which to greatest country to our kids that the cent, and then goes to the bank and revise and extend their remarks and in- world has ever known. wonders why they might not give you a clude extraneous materials on the Mr. BIGGS. Madam Speaker, when loan or help you finance a car. topic of my Special Order. the gentleman from Texas talks about My concern is that we are allowing the crowd-out effect, that is what we The SPEAKER pro tempore. Is there this to happen on the backs of our men objection to the request of the gen- see as one of the threats to our na- and women in uniform. We are saying tional security. tleman from Arizona? that, as a need to defend the United There was no objection. When you look at the spending that States of America and to spend is being bloated and plussed-up and in- Mr. BIGGS. Madam Speaker, it is my money—which our men and women in privilege to lead this Special Order to- creased, the ramifications of borrowing uniform deserve to have the resources more and more money for an insatiable night as we consider the national debt necessary as we ask them to go around appetite to spend the Federal revenues as a security threat to the United the globe—we are using that as an ex- and beyond to the tune of almost a tril- States of America. cuse to continue to bust caps and to lion dollars a year—and it will con- I thank Senator DAVID PERDUE for bust the limits that we put in place to tinue to rise, make no mistake about his leadership. He introduced a con- hold us in check. that, unless we do something—it will comitant resolution in the Senate. I Of that $300 billion that I was talking ultimately crowd out spending for also thank the more than 50 Members about the last 2 years, about 40 percent things like the military, spending for of this body who are original cospon- of that is nondefense discretionary things like transportation and infra- sors to this resolution. that rode on the back of what we are structure, spending for any discre- I also thank the more than one dozen trying to do to help our men and tionary item. conservative groups that endorsed this women in uniform have the tools they We are on that fast track today, so I resolution and have come to under- need. appreciate my friend from Texas talk- stand that a structural deficit that There used to be an adage of guns ing and discussing the crowd-out and nears a trillion dollars every year, a and butter. We don’t have a choice any- the impacts on our future and our fu- national debt that exceeds $22 trillion, more about choosing between guns and ture generations. is indeed a threat to our national secu- butter. Have we cut butter at all while Madam Speaker, it is my privilege to rity. we go and increase money for the guns yield to the gentleman from Texas (Mr. Madam Speaker, I yield to my friend, for our men and women in uniform? WILLIAMS). the gentleman from Texas (Mr. ROY). Have we even held it in check? No. Mr. WILLIAMS. Madam Speaker, I Mr. ROY. Madam Speaker, I thank We have plussed it up and continued thank Congressman BIGGS for leading my friend from Arizona for his leader- to bust the caps, all while we know this tonight.

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.096 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2223 Madam Speaker, the national debt is look at a few pictures about our na- ative to our economy, what our net in- the single greatest threat to our na- tional debt. terest on our debt is; and then other tional security. Since 1997, Congress This first picture is a 110-year period things, like Medicaid, the Children’s has failed to do its job and balance the going from 1930, before World War II, to Health Insurance Program, things that budget. Earlier this month, the na- 2050, just 30 years away. It shows what we think are important, defense. The tional debt reached $22 trillion. our national debt has looked like as a yellow line, the defense budget, non- For this reason, I am proud to co- percent of our economy, and it is pret- defense, discretionary spending, all sponsor Congressman ANDY BIGGS’ res- ty striking. these are relatively constant. All of olution to recognize the national debt For the first 90 years of it, there is them are going to be crowded out by as a threat to national security. I com- one huge peak: World War II, a world net interest on the debt. mend him for introducing this impor- at war. At that time, our debt exceeded Madam Speaker, Americans under- tant resolution in the U.S. House of the size of our gross domestic product, stand, you can’t borrow forever. You Representatives, and I also commend the size of everything produced in the can’t do it on your cars; you can’t do it Senator DAVID PERDUE for bringing it United States. Our debt rose to that on your houses; you can’t do it on your to the U.S. Senate. amount after World War II. credit cards; and we can’t do it here in We must no longer rely on routine The Greatest Generation spent the Congress anymore. This threatens our debt ceiling increases, nor can we risk next 30 years paying down our debt and security, when, in 5 years, we will pay the devastating effects that a growing growing our economy, so that we had more interest on our national debt deficit will inevitably have on our mili- an affordable debt. than we pay defending this country. We tary and our national security agen- We had a little bit of rise in the 1980s can’t do it. cies. and 1990s, as we defeated communism— Congress has to get its act together, In an effort to reduce the deficit and again, a war situation. clean up its act, and get our budget in regain responsible spending practices, Then, following 2008 and following balance. President Trump has laid out his Na- the last administration, we have sky- Mr. BIGGS. Madam Speaker, I thank tional Security Strategy that high- rocketing debt once again to the point the gentleman from Maryland, and I appreciate his focusing on the interest, lights this critical need to reduce the where, within 5 years, we will approach because he is right. In just a few short debt through smart, fiscally respon- the debt we had during World War II, years, we will be spending more of our sible decisions. fighting the largest war this world has While it is clear we cannot undo the budget on interest than we do on de- fought. past, it is also clear that Federal fense; and then a couple of years after Then, by 2048, 30 years from now, ac- spending cannot continue to go un- that, more on our interest than we tually having a debt that is 150 percent checked and immediate action must be spend on Medicare. of everything we make in this country, taken. We can no longer defer to future Think about that. Think about where that is the level we see with failing generations to solve our problem and we are headed because of our profligate economies, some of the economies like to bear this burden. ways. I will continue to support legislation Greece, Italy, the ones that have In the first chart he showed, I was that cuts unnecessary spending and op- unsustainable debts. We are on a clear struck, as I remembered growing up in pose legislation that recklessly adds to path to that. the Cold War era. Now, let’s talk about the size of our the debt. I ask my colleagues on both Madam Speaker, I think those of us national debt. This chart goes from sides of the aisle to get serious and who grew up in the Cold War era re- 2010. This is just 18 years, starting from support this important resolution. member that contest between us and It is time we stopped writing blank 2010 and going to 2028. This is the inter- the former Soviet Union and the checks, and it is time to stop risking est payment on our national debt be- amount of money spent by both sides. the national security of the United cause, Madam Speaker, like every It is dwarfed by the spending that we States of America. It is simple: Bal- American knows, if you borrow money, are embarking on today as a percent of ance your books. you have to pay interest on it. our GDP. That is where we are. That is In God we trust. b 1915 where we have come. So it continues to Mr. BIGGS. Madam Speaker, I thank be a problem in so many ways and on The fact of the matter is that right my friend, Congressman WILLIAMS from so many levels. now, our interest, total interest pay- Texas, for his willingness to take a Madam Speaker, it is my privilege ment, is about $200 billion. strong stand on this. I am particularly now to yield to the gentleman from But, Madam Speaker, every Amer- impressed by his reference to President Colorado (Mr. BUCK). ican family knows, every senior who Trump’s National Security Strategy, Mr. BUCK. Madam Speaker, I thank has saved for retirement knows that which specifically mentions a portion my friend from Arizona for yielding, interest rates right now are very low. of it is to bring down our national debt, and I thank him for his leadership on If you go and get a CD, what are you to try to become a better fiscally situ- this important issue. getting, a 1 percent, 2 percent return. ated nation. Madam Speaker, we have $22 trillion That will help our national security, Those interest rates will return to nor- of debt, over $22 trillion of debt now. now and in the future. This is exactly mal. We are accumulating debt at approxi- what President Trump is talking And as the gentleman from Texas mately $1 trillion a year. America is fi- about. That is what we are talking mentioned, we are accruing debt at $1 nancially bankrupt, and if we continue about. That is one of the issues that we trillion a year, so that by the time we to place this burden on our children have before us today. reach 2028, the interest payment on our and grandchildren, we are also morally I am grateful to my friend, the gen- debt alone, due to the increased size of bankrupt. tleman from Texas, who brought that our debt and the increased interest We are threatening our ability to forward and is supporting this impor- rate is going to approach $1 trillion a react to world affairs, our ability to tant resolution. year. deal with the dynamic threats that we Madam Speaker, it is my privilege to Now, what does that mean? face in this world, not just land, not yield to my friend from Maryland (Mr. Well, Madam Speaker, there are a lot just sea, not just air, but space also. HARRIS), the great congressman. of things that the government funds. We need to balance the budget, but it Mr. HARRIS. Madam Speaker, I Those of you who are interested in the requires us to make difficult decisions thank the gentleman from Arizona for safety of Social Security, of Medicare today, to ensure a prosperous future. yielding time. and Medicaid, of Federal pensions, they And it requires us to make significant I thank the two gentlemen from know that we are approaching a zero cuts to our discretionary spending. Texas for introducing the topic to the sum game. We can’t keep this debt One of the amazing, unique charac- American people. This is something going forever. teristics of this place, of Congress, is every American should be aware of. In fact, this final chart I am going to that for some reason, we make a dis- They say a picture is worth a thou- show is 10 years, starting now, it shows tinction between discretionary spend- sand words. Every American should the percent spending of GDP, so rel- ing and mandatory spending.

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.097 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2224 CONGRESSIONAL RECORD — HOUSE February 26, 2019 My grandchildren don’t care if they has relied too much on raising the debt somehow—and we all know how—our have to pay back a debt that was cre- ceiling. Federal outlays totaled $4.1 trillion, ated by mandatory spending or a debt Because of this practice, on August 5, with a deficit of $780 billion. And we that was created by discretionary 2011, the credit rating of the United know how. We know how that hap- spending. They don’t care. A dollar is a States was reduced by Standard & pened. We look to each other in this dollar to them, and it should be to us, Poor’s from AAA to AA+, and has re- body. and we should take control of manda- mained at that level ever since. Since the last time Congress bal- tory spending, just as we take control Virginia, through its fiscal responsi- anced the Federal budget in 1997, Con- of discretionary spending. bility, has maintained its AAA bond gress has failed to maintain a fiscally- Since I was elected to Congress, I rating, one of only a few States to have responsible budget and has relied on have fought hard against our country’s that honor. raising the debt ceiling. How many out-of-control spending, and I have ad- Not only is the current practice of times have we raised the debt ceiling? vocated for a balanced budget amend- not passing a balanced budget fiscally It is almost more than you can count. ment to the Constitution that would irresponsible, it poses a threat to our Congress failed to pass a balanced force Congress to pass a balanced budg- national security. As part of his Na- budget for fiscal year 2019 and failed to et every year. tional Security Strategy, President restore regular order to the legislative For the economic well-being of our Trump has highlighted the need to re- process by not allowing Representa- country, I am proud to join my col- duce the national debt through fiscal tives to offer and debate amendments. leagues in cosponsoring this important responsibility, and I commend him for When we have regular order, it permits resolution, and I would like to thank it. the House to separately debate and In September 2011, former Chairman my dear friend and colleague, Mr. adopt all appropriation bills in a time- of the Joint Chiefs of Staff, Michael BIGGS, for recognizing our country’s se- ly fashion and facilitates congressional Mullen warned: ‘‘I believe the single rious spending problem before it’s too oversight on Federal spending. biggest threat to our national security late. Estimates are Medicare will run out is debt.’’ And at that time, our na- Mr. BIGGS. Madam Speaker, I thank of money in 2026, Social Security in tional debt was close to $15 trillion. my friend from Colorado, Mr. BUCK, 2034. Now, almost 10 years later, our na- and I appreciate him raising that im- As my friend from Virginia, Mr. tional debt has increased by $7 trillion, portant issue, that it is an oddity, isn’t CLINE, said: Congress’ ineffectiveness a 46 percent increase. has caused the U.S. credit rating from it, in Congress, that somehow we seg- Madam Speaker, I am proud to stand regate money. We segregate money and Standard & Poor’s to drop from AAA to with Congressman BIGGS, my fellow co- say, oh, well, this money doesn’t mat- AA+. Without a targeted effort to bal- sponsors, and a bipartisan group of na- ance the Federal budget, our credit will ter so much. But it becomes fungible tional security leaders, in support of when you are looking at the accumula- surely continue to fall. this resolution: President Trump’s National Security tion of debt that we are heaping upon Recognizing that the national debt our future generations. Strategy highlights the need to reduce is, indeed, a threat to the national se- the national debt through fiscal re- I appreciate the gentleman bringing curity of the United States; that to our attention and reminding us, sponsibility. Recognizing that deficits are Former Secretary of Defense James and I would just say, I appreciate his unsustainable, irresponsible, and dan- voting record, because I have watched Mattis warned that: ‘‘Any nation that gerous; and can’t keep its fiscal house in order it closely, and he is a man of his word Committing Congress to restoring eventually cannot maintain its mili- when he says he has been fighting to regular order in the appropriations balance the budget and reduce our def- tary power.’’ process and addressing the fiscal crisis Director of National Intelligence Dan icit since he got here, because his vot- faced by the United States. The future ing record is actually true to that, and Coats warned that: ‘‘Our continued of our great republic depends on it. plunge into debt is unsustainable and I appreciate that very much. Mr. BIGGS. Madam Speaker, I thank represents a dire future threat to our Madam Speaker, it is now my pleas- the gentleman from Virginia (Mr. ure to yield to the gentleman from Vir- economy and to our national security.’’ CLINE), for his comments and his ef- Former Secretaries of Defense Leon ginia (Mr. CLINE). forts and his willingness to stand on Panetta, Ash Carter, and Chuck Hagel Mr. CLINE. Madam Speaker, I want this important issue and recognizing— to thank the gentleman from Arizona warned: ‘‘Increase in the debt will, in and promising to people and responding the absence of a comprehensive budget for the time, and thank him for bring- to that promise; because I can tell you, ing this issue to the forefront. that addresses both entitlements and when I first considered even running revenues, force even deeper reductions Madam Speaker, I am distressed by for Congress, one of the things that the lack of numbers in the Chamber in our national security capabilities.’’ motivated me was this horrific debt, And former Chairman of the Joint right now because this truly is the which I have watched explode even Chiefs of Staff Michael Mullen warned: greatest threat to the security of this more since I got here; not because I am ‘‘I believe the single biggest threat to Nation that we face. here, but in spite of my efforts. When I ran for office last fall, I prom- our national security is debt.’’ So, today, we are preparing to intro- And so what must the House do? ised the citizens of Virginia’s Sixth duce our resolution, which will be later First, we have to recognize that the Congressional District that I would re- this week, Senator PERDUE, his cospon- national debt is, indeed, a threat to our introduce 4 words to Washington: ‘‘We sors, my 50 original cosponsors—more national security. We must realize that can’t afford it.’’ These are four words than 50 original cosponsors. And we deficits are unsustainable, irrespon- that have been needed to have been re- recognize that, as of today, the na- sible, and dangerous. peated over the last 22 years, as the tional debt is more than $22 trillion. last time a Federal budget with a sur- You have heard that. Can you hear it b 1930 plus was signed into law was 1997. enough without taking action? We must restore regular order in the In Virginia, where I served in the The resulting total interest expense appropriations process, and we must House of Delegates until last year, we for the fiscal year 2019 is $192 billion. commit to addressing the fiscal crisis are required to balance our budget each $192 billion. Interest does not sleep. It faced by the United States. year. And because we have placed a pri- doesn’t take a holiday; it doesn’t take I mentioned it before, but when you ority on fiscal responsibility, Virginia a vacation. Interest accumulates with- are spending a pot of money and you is frequently listed among the best out ceasing until you pay your debt. have limited resources, regardless of states in which to do business. Our national debt as a percentage of how great those resources are—I mean, In contrast, the Federal Government GDP is 104 percent. The last time a we have had record tax revenue for the has an outstanding public debt of more Federal budget was balanced and was last 14 months, record revenue, more than $22 trillion. Every year, since 1997, signed was 1997. than any time in the history of the Congress has failed to maintain a fis- Our total Federal tax receipts for fis- United States of America, and we still cally responsible budget and, instead, cal year 2018 were $3.329 trillion. But outspend that revenue.

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.099 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2225 As we do so, we have to borrow the money we have left over at the end they haven’t paid attention to the money, because we have created a of the month after we pay all of our things that are the very basic. structural deficit. So, foundationally, bills. That is discretionary. Madam Speaker, I appreciate my col- we put ourselves in a position where we The interesting thing is, in 1964, league for bringing this up. This is have to borrow money; and when you those numbers were reversed. Manda- something that repeatedly—if you look have to borrow money, you have to pay tory spending was 29 percent, discre- at this Congress, the Democrats have interest. As you have to borrow more tionary was 71 percent. So we were a been in charge of the House since Janu- money, which we do, you are going to cash-rich Nation. We could do things. ary 2 or 3. We don’t have a budget. We start crowding out what you can spend We could do a space program. We could haven’t addressed anything dealing those limited resources on. do the infrastructure bills that we did with debt. But they have spent a lot of Who holds our debt? One of the big- that this Nation needed. time dealing with President Trump and gest holders of our debt is also one of Today, that is flipped around to trying to remove him from office and our greatest potential adversaries, and where 71 percent of every dollar this finding out reasons why he shouldn’t that is China. China has been, for the government takes in is already spent. be the President. Madam Speaker, we last 25 years, expanding their military, We don’t vote on that in Congress. as Americans need to come together building a blue-water navy, expanding Those are things that happen without and deal with the debt, and I appre- their capacity for rockets and missiles, us. The only things we vote and we ciate the gentleman’s efforts. and also taking in our debt. shut the government down on is that 29 Mr. BIGGS. Madam Speaker, I thank This places us at risk if we are ever percent. my friend from Florida for taking time in a conflict, which I pray we never If we do not address our mandatory to come down and give us his insight are. I hope we never are. But if we are spending, mandatory spending will ad- on this monumental problem. in a conflict with an adversary who dress us as a Nation. One of the things that he talked holds significant amounts of our na- I was on an interview, and they said, about, Madam Speaker, is that we have tional debt, we are at risk. And you well, President Obama doesn’t want to got to take care of our processes, our have to acknowledge that. mess with mandatory spending, which procedures. He is right. It doesn’t mat- What has helped us out so far is the is Social Security, Medicare, Medicaid, ter whether it is Republican or Demo- fact that the U.S. dollar is the inter- interest on our debt, retirement pro- crat; our processes have been broken. I can’t even begin to tell you. I have national medium of exchange in inter- grams for our Federal employees. And I been here a little over 2 years. I bet national transactions, economic trans- reminded the interviewer, and they you we have done a dozen and a half actions. If we were to lose that, the said this about President Trump: He short-term spending bills, continuing ability to borrow funds to sustain our doesn’t want to deal with mandatory resolutions. I bet it is that many. It unsustainable spending would go away. spending. seems to me like that many. I think we And I bring that back to China. I said: I understand that. But either did three government shutdowns last China has ambitions to make its own this President or the next President year. I don’t know when the next one is currency a regional currency of ex- deals with mandatory spending or man- going to be. It wouldn’t surprise me if change. They would like to replace the datory spending will dictate to this Na- it was 2 weeks from now, whenever it United States dollar as the inter- tion what we have to cut, and those are is. But the reason we do those things is national medium of exchange as well. called austerity measures. because our budget process fails. All you have to do is look at Puerto What else is an actual physical prob- I remember sitting in a meeting and lem when you have the kind of debt Rico, Spain, Portugal, Greece, where I heard someone say: We have got a 10- and deficit spending that we have is they had mandatory austerity meas- year budget plan to balance our budg- that you cannot pay to replace and ures where programs were cut, and et. And I heard somebody else stand up maintain your internal infrastructure, they were cut by other governments and say: Well, I have been here 10 and we see that today. Bridges, roads, that controlled their debt. years. Ten years ago, I was told we had airports, all of these need maintenance. Today, about 30 percent of our debt is a 10-year budget plan, so we ought to They need upkeep. They need expan- controlled by foreign nations, the other be up to snuff. We ought to be balanced sion. We need new roads. We need new 70 percent, the American taxpayer by now, because it is 10 years since highways, but we can’t pay for it, be- owns, but it would be tragic to allow us that 10-year budget plan. cause we are going to be in a position in this body to allow another nation to I think it was Mr. YOHO who said of being overextended. That places us say: You have got to get rid of that that. at risk, because you do need internal program. Madam Speaker, I yield back to Mr. infrastructure. That is unconscionable. It is irre- YOHO. Madam Speaker, it is now my pleas- sponsible of us. And if we do not deal Mr. YOHO. Madam Speaker, I appre- ure to yield to my good friend, the gen- with that debt, that debt will deal with ciate the gentleman yielding, because I tleman from Florida (Mr. YOHO). us. came here and they said: Well, don’t Mr. YOHO. Madam Speaker, I would Madam Speaker, this is something I worry about this, because this will bal- like to thank my colleague, Mr. BIGGS appreciate Mr. BIGGS standing up and ance in 5 years or this will balance in from Arizona, for yielding. This is such having this Special Order on. This is 10 years. an important topic that we are talking something we talk about repeatedly in And I laugh, but I shouldn’t be laugh- about, national debt. our district. We have town halls on ing. We should be crying, because here I remember when I came to Congress this. I am, 7 years, and guess what: It will in 2013, Admiral Mullen said that the When you look at the discretionary balance in 10 years. biggest threat to America is our na- spending, that is the stuff that runs all It will not balance. And, again, it is tional debt. Hillary Clinton, Secretary of government outside of Social Secu- up to us, the Members of the House and of State at the time, said she agreed rity, Medicare, Medicaid, the retire- the Senate, because we control the with that. One of the few times I have ment programs. That means the De- purse strings. But we have done a ter- agreed with Mrs. Clinton. partment of Defense. That means the rible job at it, and it goes back to lead- But national debt today is $22 tril- Department of Education, Justice, the ership on both sides. lion. When I came into Congress, it was Department of Homeland Security. All This is something that should not be $14.5 trillion. When President Reagan the research money that goes into our a partisan issue. This is something left office, it was about $2.5 trillion. It research universities comes out of the that should be an American issue, be- doesn’t matter who is in the White discretionary funding of government. cause America is at stake here. It is House. Our debt is going up until this I am telling you, as a Nation, if we do not a Republican Party or a Demo- body, Congress, addresses our debt. not address this, this Nation will not cratic Party. We don’t serve a party is If you do a pie chart of our debt, 71 survive, and history will repeat itself what I tell people in my district, and I percent of our debt is mandatory from great countries that have lasted am sure you do the same thing. I serve spending, 29 percent is discretionary. for a period of time. They have always a Nation, and that Nation is the great- Discretionary was described to me as come to a demise, and it was because est Nation on Earth. If we don’t get our

VerDate Sep 11 2014 03:37 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.101 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2226 CONGRESSIONAL RECORD — HOUSE February 26, 2019 fiscal house in order, this Nation will or omnibus bills or minibus bills, we PERDUE and those who have signed on not be the Nation it is. are not going to be able to exit the and sponsored a companion resolution So, again, I don’t think it will bal- path that we are on. in the Senate, and let’s make the hard ance in 10 years. It won’t balance in 20 If we are going to sustain this Na- choices today so that we might pre- years unless we change the dynamics, tion, we are going to need to exit the serve the freedoms for our children and and they need to change now. path that we are on and move to a grandchildren. Mr. BIGGS. Madam Speaker, I thank more optimal path. Madam Speaker, I yield back the bal- the gentleman for his comments. b 1945 ance of my time. Madam Speaker, reclaiming my time f from the gentleman from Florida, when That is really what this resolution is we look at that and the promises con- about. It is encouraging people from AMERICAN VOTING SYSTEM stantly, this is getting to my point: both sides of the aisle. I am not blam- The SPEAKER pro tempore. Under The process needs to get back to reg- ing one side or the other. I am just say- the Speaker’s announced policy of Jan- ular order. It needs to get back to 12 ing that if we are going to get this uary 3, 2019, the Chair recognizes the individual bills—this is what we talked done, everybody in this House has to gentleman from Florida (Mr. YOHO) for about—12 individual bills that go look internally. Everybody in this 30 minutes. through a process where there is de- House needs to say: What are we doing Mr. YOHO. Madam Speaker, my col- bate; there are amendments; there is with our process? Everybody needs to leagues and I rise today in opposition discussion; and there is accountability. recognize that if we continue on this of H.R. 1. This bill is nothing more Nothing provides more account- path, at some point there is no more than a thinly veiled attack on the ability than bills that have single sub- path to run down. American voting system designed to jects; nothing provides more trans- We just heard from a series of speak- allow Democrats to keep the majority parency than bills that have single sub- ers that the numbers go up and, at in the House of Representatives, and I jects; and nothing allows the American some point, you reach a tipping point, will explain and illustrate. people to see what we are doing in Con- and that tipping point says you cannot As a Member of Congress, we have a gress like single subjects. go forward. I would rather we move responsibility to ensure that every So when you take 12 subjects, which over to a suboptimal path now and pay American vote is counted and pro- are your budget bills, and you combine that price, which is typically a short- tected, especially because our demo- 3 or 4 of them into a minibus and 6 or term, corrective price. In the scheme of cratic society relies on participation in 7 into an omnibus, and you say vote on things, it may take longer than just a the democratic process through free these things—usually we are given just short-term, but we have to move over and fair elections. While I support ef- a short period of time to read those because, if we don’t, our choices are forts to involve all Americans in our things and analyze them anyway; usu- taken away from us. electoral process, I cannot support this ally they come in under some closed I will tell you that if we would have unconstitutional legislation. rule or some highly structured rule— gotten on the path 2 years ago, we Madam Speaker, let me lay out for well, you are preventing a couple of would have had more choices and more you some of the most absurd provisions things: options. Every day we go further down in this legislation. Number one, we are not going to get this path, the fewer options we have H.R. 1 creates Federal Government to a balanced budget because, ulti- until the end. Mr. YOHO is correct, and subsidized elections. For the people mately, what you are also preventing all of my friends who have spoken to- watching on C–SPAN, if they don’t is accountability, because when the night were correct, and the more than have insomnia, I want them to hear American people can see how you voted 50 cosponsors here, they are all correct: that again. H.R. 1 creates Federal Gov- in a single area on a single issue, they If we don’t do something, it will be im- ernment subsidized elections through a know whether they agree with you or posed upon us. 6–1 ratio for government matches to not. They know whether you should be If it is imposed upon us, we won’t small donor contributions for congres- doing that, and they will let you know. have control. We will not be able to sional or Presidential campaigns. They give you the feedback. That is handle this in a way where we hurt the For the government to give the accountability that we need if we fewest people, where we can feather the matches—subsidized elections—that are going to balance this budget over landing as much as possible, where we means they are taking money from you time and correct our course. can maintain our economic status, to go to candidates, hopefully of your Now, there is an economic theory where people can still find jobs, and choice, but not necessarily. So the called path dependence. Sometimes it where people can achieve the American donor contributions for congressional is called increasing returns. Kenneth Dream that they perceive that they or Presidential campaigns, which Arrow wrote a lot about this, and what want to achieve. Those things get means for every $200 an individual do- it boils down to is this: It is an anal- taken away from us because, ulti- nates, the Federal Government will ysis, really, of why decisionmakers mately, this country is built on indi- take $1,200 of the American taxpayers’ make suboptimum decisions and then vidual freedom and individual account- money and distribute it. persist on the course even after they ability. Additionally, H.R. 1 removes the know it is a suboptimum decision. If we have to take that horrible checks our current voting system has Well, what typically happens is re- measure of receiving something like in place to ensure eligible voters are gimes and institutions are built up. our debts being called in, or we can’t casting ballots by forcing States to ac- There is feedback, and people will per- find lenders, or the cost of our loans— cept online and same-day voter reg- sist on that because they are building imagine if the cost of our debt today istration. I don’t think that has ever up regimes and institutions; and, ulti- would just move up a couple of points— happened before, where H.R. 1 removes mately, they have propelled them- imagine what that would look like. If the checks our current voting system selves so far down, they are what we we can’t do this of our own volition, we has in place to ensure only eligible vot- call locked in. To exit that path, the will be subject to someone else’s will ers are casting vote ballots by forcing cost is so high that they don’t want to and the very essence of the American States to accept online and same-day exit that suboptimal path and move to Dream—individual freedom and indi- voter registration with no penalties for a more optimal path. vidual accountability—will go away. ineligible voters. But I am here to tell you tonight And why? Because that accountability That means somebody could show up, that as long as we stay on this sub- will be foisted upon us by coercive an individual, and cast multiple ballots optimal path where we don’t have forces. or votes, or vote without meeting the these 12 budget bills, we don’t get back Madam Speaker, I conclude tonight current requirements, and they will to regular order in budgeting, as long with gratitude to the 50-some-odd men not be reprimanded. There is no re- as we do CRs and then claim that we and women who have signed on to this course. Who is going to go after some- have done a normal budgeting path resolution. I implore all in this body to body after they have already cast their when we have created cromnibus bills join myself, to join me, to join Senator vote and they weren’t an eligible

VerDate Sep 11 2014 04:01 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.102 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2227 voter? Nobody will go after these peo- H.R. 1 would restrict freedom of I have got a top 10 list here—actu- ple, so it can sway elections. That is speech and undermine Americans’ con- ally, it has turned into a top 11 list—of what H.R. 1 does. stitutional rights under the First the 10 most egregious provisions of By removing the consequences of il- Amendment by increasing the power of H.R. 1. legal voting, this bill is, in turn, en- the Federal Government to regulate Again, I want to remind you that the couraging it. It should be doing the op- and control political speech. Democrats took over at the beginning posite. The right and privilege of us as It would criminalize a vast range of of the year. We are $22 trillion in debt. American citizens to vote is something legal activities, increase government And they will say: Well, it is President we should all garner and protect as censorship, and impose an enormous Trump’s fault. Well, we can say: It is American citizens. And, again, this is administrative compliance burden on President Obama’s fault. And they will not a partisan issue, it is not Demo- candidates that would make it harder say: Well, it is President Bush’s fault. crats or Republicans, this is an Amer- for everyday Americans to participate And it can go all the way back to ican issue, and I think people would be in our political system and even run George Washington, I expect. incensed on all parties. for office. But the fact is it is a bipartisan issue Additionally, this bill allows Federal It would also weaken important safe- that needs to be dealt with. So the top employees to take 6 days of paid leave guards to ensure the integrity of our 11 most egregious provisions of H.R. 1: to be poll workers. So the American electoral system and guarantee that It creates, again, a 6–1 government taxpayers are going to pay Federal every American vote is counted and match to any small donor contribution workers to be poll watchers. This is protected. This could expose future of $200 or less in a congressional or something that has always been done elections to greater risk of cyber ma- Presidential campaign, meaning for voluntarily by our precinct captains, nipulation and mass voter fraud. every $200 the government will match both Republican and Democrat, in our It could limit the ability of election $1,200. districts, where politics is always best officials to ensure that only eligible So let’s look at the facts. Where does locally. voter votes are counted and cripple the that $1,200 come from? You go to work, But the Federal Government wants effectiveness of State voter ID laws. you get a paycheck at the end of the Now, I have to speak to an issue that to intervene here and say: No, we are week, at the end of the week you no- particularly impacts those of us who going to give you guys 6 days off. How tice that you don’t get paid your gross live in States that have independent many people do you think, that are redistricting commissions. I live in Ar- pay, you get paid your net pay. The Federal employees, will take 6 days off izona. Many years ago, our voters said: rest of the money comes to the govern- of paid leave? Probably a lot, wouldn’t We don’t want the legislature design- ment and the government is going to you expect? ing the congressional districts and the use that money, when we are $22 tril- Madam Speaker, we pay our Federal State legislative districts anymore; we lion in debt, and give out subsidies to employees to do the job they were want an independent redistricting com- support, hopefully, your candidate. hired to do, not to be poll workers for mission, so they voted for it. So we This has never happened before in our our districts. That is something that have a five-member commission: two government, and we are at $22 trillion the American voting process has done Republicans, two Democrats, and an in debt. It does nothing to solve our na- for over 200 years by volunteers that Independent. They design the congres- tional debt. are passionate and care about this sional districts. b 2000 country. This bill would take that away from Number two on the list: Creates a In fact, Federal employees already them. It would bring it back to Wash- new voucher pilot program—a pilot receive paid leave that they can take ington, D.C., after creating an program. for any purpose they choose, including unelected board that would then design And I have to hand it to the Dems. being poll workers. Why should the these districts for States. Now, I ask They love programs that give out mon- Federal Government pay? And I want you, why would that be better than the eys and grants, this voucher pilot pro- to reword that, because it is not the independent redistricting commission gram that grants eligible voters a $25 Federal Government paying them. It is in Arizona that was approved by the voucher of hard-earned taxpayer dol- the American taxpayers paying money Arizona voters? It doesn’t make sense lars to donate to any campaign of their out of their paycheck that goes to the to me, and it doesn’t make sense to my choosing. Federal Government that the Federal constituents, I can tell you that. Government thinks they know better We struggle enough. We struggle The Federal Government has no need how to spend that money than they do. enough with the independent redis- to do this. Again, they are taking So why should the Federal Government tricting commission with Arizona ap- money from people and using it for pay to give them additional leave that pointees. Imagine if we have no connec- that which the government is not man- can only be used for this purpose? tion to the appointees. dated by our Constitution to do. Madam Speaker, there are just three I am also always amazed at people Number three: Authorizes an inap- provisions outlined in this almost 600- who don’t get to Arizona and don’t re- propriate use of Federal workers and page bill, and I would venture most alize the vastness of that State. It is a taxpayer dollars by granting Federal people will not read this when it comes unique State: 7 million people—5 mil- employees 6 days of paid vacation to up for a vote. And while I can further lion of them in one county, one metro- serve as poll watchers. elaborate, I will let my colleagues politan area; 1 million in another coun- I would venture that come election share their thoughts with you. ty; and then another 1 million sprin- day, the largest majority of Federal Madam Speaker, I yield to the gen- kled throughout this vast State. That employees for 6 days will be poll watch- tleman from Arizona (Mr. BIGGS). takes local knowledge and it takes ers and not running the government. Mr. BIGGS. Madam Speaker, I thank local experience to create those dis- This is just bad policy. my colleague for leading this Special tricts, there is no doubt about it. The Number four: Weakens the voting Order. Arizona Constitution is filled with the system of the American people by in- Madam Speaker, I want to speak to criterion on how to redistrict in Ari- creasing the election system’s vulnera- two specific aspects of this. zona. This would usurp the Arizona bility and failing to implement the First of all, I rise in opposition to Constitution. necessary checks and balances regard- H.R. 1, the sweeping unconstitutional H.R. 1 is fraught with many, many ing who is registering to vote. H.R. 1 attack on the electoral system that it problems. I have just gone through a will force States to allow online voter represents. It would federalize our elec- couple of them for you tonight. registration, automatic voter registra- toral system and usurp the authority Madam Speaker, I thank my friend tion, and, I think the most dangerous of States and their citizens to manage from Florida for his leadership on this, and egregious, same-day voter registra- their own elections by imposing unnec- his fight, and I appreciate him sharing tion. essary and unconstitutional restric- time with me tonight. So that means I can show up in Flor- tions that interfere with their funda- Mr. YOHO. Madam Speaker, I thank ida, my home State, and I can register mental democratic rights. Mr. BIGGS. I appreciate his help. to vote that day. I can drive to Georgia

VerDate Sep 11 2014 04:01 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.104 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2228 CONGRESSIONAL RECORD — HOUSE February 26, 2019 and register to vote that day. I can go because they have lied to the FBI. We committee on Foreign Affairs. And it to Alabama, Louisiana, North Caro- have George Papadopoulos who lied to was amazing because I got to travel to lina, South Carolina, and I can possibly the FBI, and he went to prison for 14 countries around the world that have vote in every one of those States, be- days. But I can lie and not be who I say just started free and open elections in cause the driving distance, I could I am, and I can vote on this Demo- a Western, democratic style. It pains make that. cratic bill, H.R. 1, and I have no re- me to see these countries with a new So I could vote in possibly seven or course against me. There is no con- democracy where 95 percent to 98 per- eight States as a single person on the sequence for me being a liar. cent of the people show up. day of voting. Nobody could validate And I just think a party that wants If you look at Iraq or Afghanistan, that. Yet the election gets calculated to have those kinds of policies in place they are walking around with the pur- and determined on those kinds of vot- as a whole needs to look in the mirror ple finger at risk of their lives, because ing, and I don’t think that is what any- and say: What are we trying to do? for once in their life they had an oppor- body wants. Number eight: Impedes States’ abil- tunity to vote, to vote for somebody I would hope, regardless of your po- ity to determine their registration and that they wanted in power—a foreign litical affiliation, you would stand up voting practices as protected under Ar- concept to them. Yet in this country, to say this is wrong. We need to make ticle I, Section 4 of the Constitution we want to take that away from peo- sure these safeguards are in place to and violates separation of powers by ple. protect that one very, I think, sacred, Congress mandating ethics standards As we continue on, there are some precious right of all voters, of all for the Supreme Court. H.R. 1 is a con- myths on H.R. 1. American citizens, the right to vote. stitutional overreach. It has been designed to fund, elect, Number five: Diminishes the process Number eight: Impedes States’ abil- and maintain Democratic majority, of election day voting by expanding ity to determine their registration vot- and I want the American people to ‘‘no excuse’’ absentee voting and allow- ing practices as protected, as I said, know that. The Democrats introduced ing for eligible voters to be able to cast under Article I, Section 4. this 571-page package of Democratic their ballot by mail with no additional Number nine: Violates constitutional priorities without allowing for input safeguards to this process. rights under the First Amendment by from Republican Members or going That means provisional ballots that prohibiting any false statements relat- through the standard House Com- get sent in, their signature can’t be ing to Federal elections, including mittee. This is something that they railed questioned. It doesn’t need to be ques- time, manner, place, qualifications of against us. All the 6 years I have been tioned. It doesn’t have to be the cor- candidates, or endorsements of can- in Congress, they have railed against rect signature, but it will be counted as didates enforced by a partisan FEC, us about no open process, yet they a vote. which is the Federal Elections Com- come out with a 571-page package of I would think a party that put that mittee. Democratic priorities without allowing in place would be afraid of that, be- Number 10: Empowers trial attorneys for input from one Republican Member. cause it really weakens the democratic by establishing private rights of action H.R. 1 will waste taxpayers’ money, process we go through as a constitu- by allowing candidates to litigate their federalize the election system, weaken tional republic. way to victory. safeguards surrounding voter registra- Number six: Disregards State voter We saw this in the last Presidential tion, and violate Americans’ constitu- identification laws by allowing sworn election. We saw this in the last guber- tional right to free speech under the statements to be used in place of iden- natorial election in my State of Flor- First Amendment. tification and allowing for signature ida. We saw this in the senatorial race The estimated cost of this that we verification, which can be submitted in Florida, where people were going to got for H.R. 1, because of all the sub- through a photo if the voter registers sue, and they didn’t have the legality sidies and the other garbage that is in online. of doing that, but this bill would allow this, is over $10 billion to the American Let me read that again. that. taxpayers—$10 billion—when we are al- Disregards State voter identification And I think one of the largest griev- ready at $22 trillion in debt. laws by allowing sworn statements to ances for H.R. 1 that all people ought I would like to go through a few be used in place of identification and to be upset with is that it mandates myths. allowing for signature verification, voter registration—mandates voter Democrats are empowering citizens. which can be submitted through a registration. What that means is the That is the myth. The facts are Demo- photo if the voter registers online. Federal Government says you must crats are using citizens’ hard-earned Now, think about that. I can’t get on register to vote. taxpayer dollars to fund their can- an airplane without a picture ID. I I agree, we should all register to didates: can’t purchase medication, over-the- vote, but can the government mandate Voucher from the government to the counter cold medication with phenyl- you? campaign: Through this bill, eligible ephrine in it, without a picture ID, but We tried this with the Affordable voters would receive a $25 voucher from we are going to allow people to vote Care Act that the Democrats ran the Federal Government that they can without a picture ID just by signing an through in a partisan manner in this use to donate to the campaign of their affidavit saying I am who I say I am. Chamber, no Republican support, man- choice, meaning hard-earned taxpayer And, again, that won’t be verified until dated that people had to buy a product dollars are going to be going to the after the election. even if they didn’t want that. government, to their campaign of It has fraud written all over it, and I Madam Speaker, that is wrong, and choice; think it is unconscionable that the that is why that part got struck down, Government matching campaign do- Democrats would even consider such a the individual mandate got struck nations in congressional races: Under thing on something that we hold so sa- down, as it should have, because the H.R. 1, the Federal Government will be cred in this Nation, that we brag about Federal Government was saying: If you required to match small contributions and we boast about in the world as don’t do what we say, we are going to under $200 at 6 to 1. Taxpayer dollars being the longest serving democracy in fine you. will be going to the government to the world using a democratic process in You know, that sounds like China. fund candidates; a constitutional republic, that we are China does that. They have their good Government matching campaign do- going to allow such shoddy type of ver- citizen score, the Orwellian good cit- nations in Presidential races: Also, ification. izen score that they monitor what you under H.R. 1, there is a 6-to-1 govern- Again, it is unconscionable that they do, and if you don’t do it, you don’t get ment match of small contributions in a would even consider bringing this up. the prizes of the Chinese Government. Presidential campaign, up to $250 mil- Number seven: Fails to criminalize Are we turning into that, mandating lion. A quarter of $1 billion would be fraudulent registrations. voters to register? going towards the Presidential cam- Fails to criminalize fraudulent reg- Last Congress, I chaired the Asia, the paign, and there is no limit to con- istrations. We have people going to jail Pacific, and Nonproliferation Sub- tributions.

VerDate Sep 11 2014 04:01 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00124 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.106 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2229 Another Democrat myth: Democrats the backbone of enough math to talk latory policy, and trade policy that are promoting integrity. The facts are about the reality. But let’s first sort of maximizes economic vitality. The ve- Democrats are promoting the interests set up the discussion if you haven’t locity of the size of this economy must of Washington, D.C., swamp, not yours: watched some of our other floor presen- continue to grow, and grow at a fairly Federal paid vacations: Federal tations since the beginning of this ses- substantial rate. If you look at the workers would get a 6-day paid vaca- sion. data, 91 percent of the spending in- tion to serve as poll watchers; Every week, every other week, we try creases from this government from 2008 16-year-old voters: H.R. 1 will open to take a half an hour and walk to 2028 are functionally three things: the door to 16-year-old voters by re- through our five pillars of what we be- interest, Social Security, and quiring States to allow them to reg- lieve saves us. Understand, in 9 years, healthcare entitlements. ister and vote; 50 percent of all of the noninterest So we are all going to talk about Free speech violation: Prohibits any spending that this Congress will do will debt. It is a threat to our society. false statements related to Federal be to those 65 and over. When we are going to have the honest elections, including time, manner, Understand, in 9 years, the 74 million conversation, it is substantially driven place, qualifications, candidates, or en- baby boomers will actually be in their by our demographics and our dorsement. benefit cycle. They will be 65 and up. healthcare costs. And I want to go back over this one In 9 years, two workers for one re- The next one we are going to talk other myth. Democrats are creating tiree. And when you start to look at about is labor force participation. We vulnerabilities in the voting system: the future of our debt, understand—and are going to spend time tonight on Automatic voter registration—auto- this is hard because so many don’t that. I know it is a dry subject, but matic voter registration, mandates want to hear it, and it is not Repub- this is actually trying to be intellectu- from the Federal Government, boy, lican or Democrat, it is demographics. ally honest. This is a moment where if how the Dems like that—requires all If you look at our society, we are get- you are going to call our office and say States to adopt an automatic voter ting older very fast; our birth rates we want solutions, we are working registration system that would be rely- have substantially collapsed. Family through it. But it is not trite. ing on the Federal Government for formation, we have some real issues My father used to have a saying. We records. There would be no criminal out there. were just talking about it over in the So what do you do as a society? We punishment for an ineligible voter who corner. For every complex problem, have promises that have been made, is registered in error. there is a simple solution that is abso- earned entitlements out there, your Madam Speaker, as you have heard, lutely wrong. It turns out, complex Social Security, your Medicare, and my colleagues and I have severe con- problems require complex solutions. cerns about H.R. 1. While my col- you have earned those. That is part of We are going to talk tonight about your societal contract with this gov- leagues on the other side of the aisle labor force participation. How do we ernment, but we don’t have the cash to are marketing it as a fix to the Amer- get as many Americans across the ican voting system, what it really does pay over the next 30 years. How do we get there? I am going to board to participate in the economic is degrade the standards we have had in vitality? It turns out that has an amaz- place for over 200 years to protect tell you. I am still optimistic there is a path. I see some of these slides and ing effect; everything from our American voters and the voting proc- healthcare costs, to tax collections, to ess. these boards through the eyes of my daughter. I have a 3-year-old daughter. just the economic growth. As Members in Congress, we have the The next two, there is a technology responsibility to ensure that every Best little girl ever. We actually have a coffee mug at home that says that. revolution about to happen in American has the right to vote and the healthcare. It is also happening in en- access to vote and that that vote is Doesn’t she have the right to live as well as the generations that have gone vironment. In the next couple of weeks guaranteed and protected. H.R. 1 does we are going to come here and show not do this, and I encourage my col- before her? Doesn’t she have the right to have that sort of optimistic oppor- some of the amazing technologies that leagues to consider this implication are out there that actually make some and not support this bill. tunity? I actually believe that is not lost in our society. But as you even saw of the environmental discussion seem Madam Speaker, I yield back the bal- sort of passe when you understand the ance of my time. on the floor today, we do political the- ater here because complex policy is technology that is on the cusp of roll- f hard. It actually requires math, and ing out. FIVE PILLARS OF WHAT WE Congress is substantially a math-free Let’s talk about healthcare right BELIEVE SAVES US zone. now. I have come here to the floor over The SPEAKER pro tempore. Under So we always start with this chart. the last couple of weeks and shown the Speaker’s announced policy of Jan- Understand, I believe there are five pil- things like—we nicknamed it in our of- uary 3, 2019, the Chair recognizes the lars, and you can mix them up any way fice the flu kazoo—something a mate- gentleman from Arizona (Mr. you want to. rial science professor has developed; you blow into it, and it instantly tells SCHWEIKERT) for 30 minutes. Immigration. How do you design an Mr. SCHWEIKERT. Madam Speaker, immigration system in the future that you if you have a viral infection, and in many of us really appreciate when you maximizes talent importation to the the backbone, it could automatically stay here and listen to us because we Nation? Because you need to maximize order your antivirals. Start thinking know a lot of folks out there don’t ap- economic philosophy as soon as pos- about the revolution that would hap- preciate it. It is sort of a gift of your sible. That is what the rest of the pen in the cost curve of healthcare if time to be with us. When we were in world has done. Australia, Great Brit- we had substantial change in autono- the majority, I spent much of my fresh- ain, New Zealand, and Canada have mous healthcare. man term sitting in that chair. moved to talent-based systems because In the Phoenix area, we have an orga- What we are going to do tonight is they figured out that there is some- nization that now, I believe, has seven this sort of a continuation of a theme. thing elegant about that model. of these autonomous healthcare clinics We have already heard tonight, and Now, let’s be honest. I don’t care where you go in, you sign up on an over the last couple weeks, discussions what gender you are. I don’t care your iPad, you take a picture of your insur- of debt, discussions of what is hap- religion. I don’t care your race. I don’t ance card, your driver’s license, you go pening in Medicare, and, actually, I care who you cuddle with. I don’t care in and you put your arm in, you pick want to come here behind this micro- about those things. We care about the this up, you shine it in your throat, phone and talk about what I believe is talent you bring to our society to your ear, and your nose, and the algo- a solution. maximize economic growth. I actually rithm is able to do amazingly accurate think it is a much more elegant model calculations of your health. b 2015 than we use today in immigration. Think about that type of technology I genuinely believe over the last few Economic growth. We must hunker when it is in your pocket. You have all years, we have put together at least down and embrace tax policy, regu- seen the pocket size, the size of your

VerDate Sep 11 2014 04:01 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00125 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.107 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2230 CONGRESSIONAL RECORD — HOUSE February 26, 2019 smartphone that is now an ultrasound. sync: if you care about the debt, if you thing missing. Understand, when we It is completely portable. We must, as care about spending, if you care about look at unemployment numbers, we are a body—and this is at our State legisla- opportunity in our society, understand looking at people who are actively ture, but particularly this body—we the demographic headwinds and what looking, actively searching for employ- must break down these barriers to the we must do to face that. ment. We actually have a real problem technology disruption that could be a So one of the reasons for this slide, in parts of millennial males and others, revolution in lowering healthcare and I know these are a little tough to so how do we reach out and design in- costs. watch, but what I want you to sort of centives to stay in? You have got to be intellectually see is this is 2000. At that time, actu- We are also going to go to some of honest. The ACA, the Republican alter- ally over 67 percent of our population the other tougher questions, and that natives, in much of the discussion, we was in the labor force. It functionally is: Is it time to rethink things like So- are not actually having a discussion collapsed after 2008 and never returned. cial Security disability and say, hey, if about lowering healthcare costs. We The blessing is this last year we have you earn $24,000, or you hit this point, are having discussions about who gets had a little bit of a blip. There were you hit a cliff. Your benefits disappear. to pay. these really smart economists who If you are on other safety-net pro- It is time that we embrace and truly said: Hey, you are never going to get grams, if you earn a certain amount, draw in the technology that can be back up to 62, 63 percent of labor force you hit a cliff, and it disappears. that very disruption. We have a run- participation. I believe we are now We need to have a brutally honest ning joke in our office: Did you go to around 61 or 62. We actually need to conversation of, is that incentive of Blockbuster Video last weekend? We find a way to get back to that 67 per- that cliff an incentive not to enter the all live it. It is now time that we un- cent of our brothers and sisters all up labor force? What would happen if we derstand that our future healthcare and down our society being in the labor would work out the math so it was a costs are an Achilles’ heel to this soci- force, having the honor, the elegance of much more gradual glide slope to draw ety because of our demographics and working. those individuals into labor participa- just where the costs are going. There were some amazing numbers tion? Because if we are almost a full- There is another part of that. We are last December, if you actually broke employment society but we still had going to actually do a floor presen- into what was in those statistics, of the millions and millions of Americans tation, probably at the end of the number of organizations, the number of who are choosing not to participate in month. There are incredible disrupters companies that were actually reaching the economy and we really need them coming in the pharmaceutical world. out to the handicapped community and in our economy, we have got to look to We just had some information and we making accommodations and hiring. what are the disincentives. think, actually by the end of this year, There are actually—and we are going b 2030 there may be a single shot cure for he- to touch on this—some parts of our so- It is about time that we actually mophilia A. That is only about 8,000 of ciety are moving into the labor force, start to have those social entitlement our brothers and sisters in the country, particularly in the millennials, and we conversations. I know for both Repub- and it is going to be really expensive, are seeing parts that are not. Countries licans and Democrats, these are tough but it cures. like Japan that actually have faced because it requires math. It requires us What happens as we continue to see this, are facing it, have actually been to work through certain ideological these biological, genomic pharma- trying to design incentives and pro- folklore. But if you want the wholistic ceuticals rolling out that actually grams for even those who are older, solution to make it through the next 30 cure? Or the one that we were reading who are healthy, who are capable, who years, this labor force participation is about today, that stabilizes our popu- are desirous to be welcomed to stay or one of those five pillars. lations who have ALS? enter back into the labor force. The reason I actually did this slide What does that mean to the cost It is a barbell. We have a problem is—this one is a little geeky—but it is curve of the 50 percent of healthcare with part of our younger population, actually trying to walk through what spending that is to the 5 percent of our and then, obviously, our older popu- has been happening. I am not going to population that have chronic condi- lation—which we have so much tal- walk through all the detail, but we re- tions? ent—that are retiring. We are going to cently had this wonderful pop of sort of The last one I am going to give you have to have an honest incentives dis- in the population of 25 to 34 females en- is, it is time to rethink the incen- cussion design to maintain this labor tering the workforce. That was one of tives—and this one will always be force philosophy. the great things that we actually saw tough—in Social Security, in Medicare. If you actually look at what is going last December. Great. How do we encourage an individual to on in our society right now, if I had We need to understand why millen- stay in the labor force? Are there come to you 2 years ago and said: Hey, nial women are entering the workforce things we can do to encourage waiting we are going to see all sorts of quar- in these sorts of numbers, what we to take benefits? And these are math. tiles in our society have some of the learn from that, and what we do now It is just actuarial science. lowest unemployment in modern his- for the millions of millennial males So today we are going to talk about tory, I think I would have just gotten who are still dramatically underrep- labor force participation. Isn’t that ex- blank stares. But it is happening. And resented in the economy. citing? The first slide I have already with that incredible, almost full-em- Data shows millennial women domi- mentioned, this is from the CBO report ployment society, we are actually see- nating the current job market. Look at 3 weeks ago, and I was shocked it ing—and particularly in markets like this separation right here and why this didn’t get much press or discussion in Arizona—we are actually now seeing is so important. Remember how I was this body because it is math. wages really starting to move. This is just saying something has been hap- But if you look at this chart, what it wonderful. This is something we need- pening in the last couple quarters is trying to say is, in functionally 9 ed, functionally, for a decade or two. where millennial females are entering, years, half of the spending of this We can do a much more complicated but millennial males is the lower line. body—if you remove interest—half of discussion of some of the incentives This is a conceptual problem, but it is the spending will be to those 65 and that were built in the tax reform last real math. older. year that encouraged investment in Remember we talked about our bar- It is just demographics. We got older plant and equipment to push up pro- bell? We have those who are older. How as a society. In 9 years it is the end of ductivity. Productivity allows you to do we create incentives to enter and the baby boomers, because they have be able to pay people more. But those stay in the labor force? How do we moved into being 65 and older. are the sorts of things you talk about. reach out to our younger population, But if you had seen this chart and How do you maintain economic vital- get them, incentivize them, and work then matched it up to where you start ity? with them to get them into the labor to see the debt and spending curves When we actually look at some of the force? Functionally, we just do not move up, you understand they are in unemployment numbers, there is some- have a choice.

VerDate Sep 11 2014 05:00 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00126 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.109 H26FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 26, 2019 CONGRESSIONAL RECORD — HOUSE H2231 Let me grab another slide. We will He graduated. He started at just a ergy Efficiency, Office of Electricity, Depart- put these up in our office. Remember, little over minimum wage. A year ment of Energy, transmitting the Depart- this sort of presentation is for those later, he was making, I think, $23- ment’s final rule — Administrative Updates who really care about digging in to the to Personnel References (RIN: 1901-AB49) re- something an hour. He said he hadn’t ceived February 21, 2019, pursuant to 5 U.S.C. actual math of policy. So often, what relapsed because he is working too 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 we end up doing on the floor is political much. He said he is back with his fam- Stat. 868); to the Committee on Energy and theater and folklore. ily. He gets to see his child. There are Commerce. If you look at some of these lines— these incredibly human stories. 226. A letter from the Director, Regulatory and I know this is a long time ago—but If we are in a society right now that Management Division, Environmental Pro- if you and I were to step back to 1967 is almost at full employment for those tection Agency, transmitting the Agency’s final rule — Waxes and Waxy Substances, and look at the data for males, we had looking for employment, how do we 97 percent of working-age males in the Rice Bran, Oxidized; Exemption From the reach out to those whom our society Requirement of a Tolerance [EPA-HQ-OPP- labor force. Today, if we did that same gave up on or who gave up on them- 2018-0032; FRL-9987-83] received February 22, thing, I think we are at about 88. It selves? How do we as policymakers de- 2019, pursuant to 5 U.S.C. 801(a)(1)(A); Public falls, 87, 88. sign those incentives, design the social Law 104-121, Sec. 251; (110 Stat. 868); to the One of the big things that helped us entitlement programs, and design our Committee on Energy and Commerce. grow the economy is female participa- society where we want everyone to 227. A letter from the Director, Regulatory tion in the economy. But we need to Management Division, Environmental Pro- have this opportunity within our com- tection Agency, transmitting the Agency’s find a way to get this back up. We are munities and our society? just talking a few points, but those few final authorization — Georgia: Final Author- It was one of the most touching and ization of State Hazardous Waste Manage- points of a few more million stepping amazing hearings, because when you ment Program Revisions [EPA-R04-RCRA- back into the labor market have sub- looked at those of us sitting up on the 2018-0255; FRL-9989-93-Region 4] received Feb- stantial economic impact. dais, there were actually tears hearing ruary 22, 2019, pursuant to 5 U.S.C. I want to talk about a story from Ar- his story and realizing there is hope, 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 izona. I have had this discussion with a Stat. 868); to the Committee on Energy and that this economic vitality provides couple of my Democratic friends. With- Commerce. opportunity and hope. in that, we have talked about incarcer- 228. A letter from the Director, Regulatory We turn it into a political football Management Division, Environmental Pro- ation rates and some of the other because it is not our side that wants to tection Agency, transmitting the Agency’s things that end up becoming impair- final rule — Approval and Promulgation of ments for young males to be in the get credit, or their side wants to get credit. We need to get beyond that, be- Air Quality Implementation Plans; Pennsyl- labor force. vania; Nonattainment New Source Review In Arizona right now, we have such a cause if we don’t get this math right, Requirements for 2008 8-Hour Ozone Stand- shortage of skilled trades—electricians my 3-year-old little girl won’t have the ard [EPA-R03-OAR-2017-0735; FRL-9989-99-Re- and carpenters—that a number of the same type of future I have had. gion 3] received February 22, 2019, pursuant businesses in Arizona—actually, I ap- There is a path to make this work to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, proached our Governor, Governor and continue to have an economy, a Sec. 251; (110 Stat. 868); to the Committee on Energy and Commerce. Ducey, and said: Help us. We are will- nation, that grows and provides oppor- tunities. Understand, when the United 229. A letter from the Director, Regulatory ing to take our own money and go into Management Division, Environmental Pro- Arizona correctional facilities and do a States grows, the world benefits. tection Agency, transmitting the Agency’s training program that is, when some- But we have those five pillars. Is this final rule — Air Plan Approval; Texas; Rea- one is going to be on parole in just a body capable of stepping up and doing sonably Available Control Technology [EPA- few months, we will train them, and we things that are complex without a sim- R06-OAR-2018-0675; FRL-9989-61-Region 6] re- will guarantee that we will hire them. ple solution? ceived February 22, 2019, pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 It doesn’t mean a guarantee that they Madam Speaker, I so desperately hope so. With that, I yield back the Stat. 868); to the Committee on Energy and will keep them. Commerce. So last year, we brought this young balance of my time. 230. A letter from the Director, Regulatory man out from Arizona. We brought him f Management Division, Environmental Pro- to the Ways and Means Committee. He tection Agency, transmitting the Agency’s sat down in this beautiful room. The LEAVE OF ABSENCE direct final rule — Air Plan Approval; New Ways and Means Committee room, it is By unanimous consent, leave of ab- Mexico; Approval of Revised Statutes; Error just very big and very ornate. He didn’t Correction [EPA-R06-OAR-2015-0850; FRL- sence was granted to: 9989-09-Region 6] received February 22, 2019, look like our typical witness, with a Mr. DEFAZIO (at the request of Mr. pursuant to 5 U.S.C. 801(a)(1)(A); Public Law number of piercings and a number of HOYER) for today on account of inclem- 104-121, Sec. 251; (110 Stat. 868); to the Com- tattoos around the neck. He looked up ent weather. mittee on Energy and Commerce. when it was his turn to tell his story, Mr. KATKO (at the request of Mr. 231. A letter from the Director, Regulatory and he hesitated for a moment and MCCARTHY) for today until March 1, Management Division, Environmental Pro- started with: I am a three-time con- 2019 on account of a death in the fam- tection Agency, transmitting the Agency’s final rule — Abamectin; Pesticide Tolerances victed felon. ily. He went on to tell his story of how he [EPA-HQ-OPP-2018-0037; FRL-9987-32] re- f ceived February 22, 2018, pursuant to 5 U.S.C. was an addict and the other times he 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 had gotten out of prison, he had re- ADJOURNMENT Stat. 868); to the Committee on Energy and lapsed. He had lost his family. He had Mr. SCHWEIKERT. Madam Speaker, Commerce. lost everything. He had lost contact 232. A letter from the Director, Office of I move that the House do now adjourn. with his child. the White House Liaison, Department of He was a few months from his oppor- The motion was agreed to; accord- Education, transmitting a notification of a tunity to go on probation and leave the ingly (at 8 o’clock and 38 minutes nomination, pursuant to 5 U.S.C. 3349(a); correctional facility, and he saw this p.m.), under its previous order, the Public Law 105-277, 151(b); (112 Stat. 2681-614); to the Committee on Oversight and Reform. flyer that said: We are doing training House adjourned until tomorrow, Wednesday, February 27, 2019, at 10 233. A letter from the Director, Office of for electricians. We guarantee we will the White House Liaison, Department of hire you—it doesn’t mean we are going a.m. for morning-hour debate. Education, transmitting a notification of a to keep you—if you pass this very basic f nomination, pursuant to 5 U.S.C. 3349(a); course. Public Law 105-277, 151(b); (112 Stat. 2681-614); He said: Why not? EXECUTIVE COMMUNICATIONS, to the Committee on Oversight and Reform. He took this electrician course while ETC. 234. A letter from the Director, Office of in prison, while it was paid for by pri- Under clause 2 of rule XIV, executive the White House Liaison, Department of Education, transmitting a notification of an vate industry because the job market communications were taken from the action on nomination, pursuant to 5 U.S.C. is so tight they are willing to take Speaker’s table and referred as follows: 3349(a); Public Law 105-277, 151(b); (112 Stat. risks on all sorts of populations to get 225. A letter from the Assistant General 2681-614); to the Committee on Oversight and them back into the work environment. Counsel for Legislation, Regulation and En- Reform.

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235. A letter from the Director, Office of Mr. SWALWELL of California, Mr. GONZA´ LEZ-COLO´ N of Puerto Rico, Mr. the White House Liaison, Department of TAKANO, Mr. THOMPSON of Mis- RYAN, Mr. LOWENTHAL, Mr. EVANS, Education, transmitting a notification of an sissippi, Ms. TITUS, Ms. TLAIB, Mr. Mr. WELCH, Ms. SEWELL of Alabama, action on nomination, pursuant to 5 U.S.C. TONKO, Mrs. TORRES of California, Mr. MCEACHIN, and Mr. KILDEE): 3349(a); Public Law 105-277, 151(b); (112 Stat. Mrs. TRAHAN, Mr. VELA, Ms. H.R. 1360. A bill to direct the Secretary of 2681-614); to the Committee on Oversight and WASSERMAN SCHULTZ, Mrs. WATSON Veterans Affairs to develop and implement a Reform. COLEMAN, Mr. WELCH, Ms. WILD, Ms. plan to hire directors of the medical centers WILSON of Florida, Mr. CASE, Mr. of the Department of Veterans Affairs; to the f CASTEN of Illinois, Ms. CASTOR of Committee on Veterans’ Affairs. PUBLIC BILLS AND RESOLUTIONS Florida, Mr. COHEN, Ms. DAVIDS of By Ms. MATSUI (for herself and Mr. Kansas, Mr. DESAULNIER, Ms. GUTHRIE): Under clause 2 of rule XII, public FINKENAUER, Mrs. FLETCHER, Mr. H.R. 1361. A bill to direct the Secretary of bills and resolutions of the following FOSTER, Mr. CUELLAR, Mr. CROW, Ms. Commerce to establish a working group to titles were introduced and severally re- FUDGE, Mr. KILDEE, Mr. KIND, Mr. recommend to Congress a definition of ferred, as follows: LEVIN of Michigan, Mr. LEVIN of Cali- blockchain technology, and for other pur- poses; to the Committee on Energy and Com- By Ms. SEWELL of Alabama (for her- fornia, Mr. LOEBSACK, Ms. LOFGREN, Mr. NEGUSE, Mr. MCNERNEY, Mr. merce, and in addition to the Committee on self, Mr. LEWIS, Ms. PELOSI, Mr. Oversight and Reform, for a period to be sub- HOYER, Mr. CLYBURN, Mr. LUJA´ N, Ms. PHILLIPS, Ms. PINGREE, Mr. RUIZ, Mr. SARBANES, Ms. SLOTKIN, Mr. STAN- sequently determined by the Speaker, in JUDY CHU of California, Mr. CASTRO each case for consideration of such provi- of Texas, Mr. JEFFRIES, Ms. ADAMS, TON, Ms. STEVENS, Mr. THOMPSON of California, Ms. UNDERWOOD, Mr. sions as fall within the jurisdiction of the Mr. AGUILAR, Mr. ALLRED, Ms. BASS, committee concerned. VEASEY, Ms. VELA´ ZQUEZ, Ms. WATERS, Mrs. BEATTY, Mr. BERA, Mr. BEYER, By Mr. EMMER: Ms. WEXTON, Ms. PORTER, Mr. Mr. BISHOP of Georgia, Mr. BLU- H.R. 1362. A bill to amend the Federal VARGAS, Mr. GARCI´A of Illinois, Mr. MENAUER, Ms. BLUNT ROCHESTER, Ms. Food, Drug, and Cosmetic Act to allow, dur- GONZALEZ of Texas, Mr. TRONE, Mr. BONAMICI, Mr. BRENDAN F. BOYLE of ing a lapse in appropriations, acceptance of COURTNEY, Ms. KENDRA S. HORN of Pennsylvania, Mr. BROWN of Mary- certain device submissions and registrations Oklahoma, Ms. BARRAGA´ N, Mrs. land, Ms. BROWNLEY of California, with the corresponding fees made available DAVIS of California, Mr. EVANS, Ms. Mrs. BUSTOS, Mr. BUTTERFIELD, Mr. for obligation and expenditure for the proc- FRANKEL, Mr. GRIJALVA, Mrs. HAYES, CA´ RDENAS, Mr. CARSON of Indiana, ess for the review of device applications, and Mr. NADLER, Mr. KENNEDY, and Ms. Mr. CARTWRIGHT, Mr. CICILLINE, Mr. for other purposes; to the Committee on En- CISNEROS, Ms. CLARK of Massachu- HOULAHAN): ergy and Commerce. H.R. 4. A bill to amend the Voting Rights setts, Ms. CLARKE of New York, Mr. By Ms. CASTOR of Florida (for herself, Act of 1965 to revise the criteria for deter- CLAY, Mr. CLEAVER, Mr. CONNOLLY, Mr. BILIRAKIS, and Mr. RASKIN): mining which States and political subdivi- Mr. COOPER, Mr. COSTA, Mr. COX of H.R. 1363. A bill to amend the Federal Elec- sions are subject to section 4 of the Act, and California, Mrs. CRAIG, Mr. CRIST, tion Campaign Act of 1971 to require each au- for other purposes; to the Committee on the Mr. CUMMINGS, Mr. DANNY K. DAVIS thorized committee or leadership PAC of a Judiciary. of Illinois, Ms. DEAN, Ms. DEGETTE, candidate for election for Federal office to By Mr. DOGGETT (for himself and Mr. Ms. DELAURO, Ms. DELBENE, Mr. disburse all of the funds of the committee or CICILLINE): DELGADO, Mrs. DEMINGS, Mr. DEUTCH, PAC which remain unexpended after the date H.R. 1356. A bill to require a Special Coun- Mrs. DINGELL, Mr. DOGGETT, Mr. MI- of the election, and for other purposes; to the sel report, and for other purposes; to the CHAEL F. DOYLE of Pennsylvania, Mr. Committee on House Administration, and in Committee on the Judiciary. ENGEL, Ms. ESCOBAR, Ms. ESHOO, Mr. addition to the Committee on the Judiciary, By Mr. DOGGETT (for himself, Mr. ESPAILLAT, Mr. GALLEGO, Mr. for a period to be subsequently determined CICILLINE, Ms. BASS, Mr. BLU- GARAMENDI, Mr. GOMEZ, Mr. by the Speaker, in each case for consider- MENAUER, Ms. JUDY CHU of California, GOTTHEIMER, Mr. GREEN of Texas, Ms. ation of such provisions as fall within the ju- Mr. CONNOLLY, Mr. DEFAZIO, Mrs. HAALAND, Mr. HASTINGS, Mr. HECK, risdiction of the committee concerned. DEMINGS, Mrs. DINGELL, Ms. ESHOO, Mr. HIGGINS of New York, Ms. HILL of By Mr. SCOTT of Virginia (for himself, Mr. ESPAILLAT, Mr. GRIJALVA, Ms. California, Mr. HIMES, Mr. HORSFORD, Mr. SABLAN, Mr. ESPAILLAT, Ms. JAYAPAL, Mr. LIPINSKI, Mr. Mr. HUFFMAN, Ms. JACKSON LEE, Ms. WASSERMAN SCHULTZ, Mr. THOMPSON LOWENTHAL, Mr. MCGOVERN, Ms. JAYAPAL, Ms. JOHNSON of Texas, Mr. of Mississippi, Mr. NADLER, Mr. MOORE, Ms. NORTON, Mr. PALLONE, JOHNSON of Georgia, Mr. KEATING, SCHIFF, Mrs. DINGELL, Mr. MCNER- Ms. TITUS, Mr. WELCH, and Mr. Ms. KELLY of Illinois, Mr. KHANNA, NEY, Ms. WILSON of Florida, Mr. GARAMENDI): ´ Mr. KILMER, Mrs. KIRKPATRICK, Mr. H.R. 1357. A bill to require a report of any LUJAN, Ms. PINGREE, Mr. JOHNSON of KRISHNAMOORTHI, Ms. KUSTER of New Special Counsel who is removed from office, Georgia, Mr. POCAN, Mr. TAKANO, Mr. Hampshire, Mr. LAMB, Mr. LARSEN of and for other purposes; to the Committee on CICILLINE, Mr. CRIST, Ms. MOORE, Ms. Washington, Mr. LARSON of Con- the Judiciary. BLUNT ROCHESTER, Mr. KHANNA, Ms. necticut, Mrs. LAWRENCE, Mr. By Mr. KIND (for himself, Mr. GALLA- OMAR, Mr. DEFAZIO, Ms. SCHA- LAWSON of Florida, Ms. LEE of Cali- GHER, Mr. SENSENBRENNER, Ms. KOWSKY, Mr. GALLEGO, Ms. BONAMICI, ´ fornia, Mr. TED LIEU of California, MOORE, Mr. DUFFY, Mr. POCAN, Mr. Ms. VELAZQUEZ, Ms. MENG, Ms. Mr. LOWENTHAL, Mrs. LOWEY, Mr. GROTHMAN, and Mr. STEIL): HAALAND, Mr. RYAN, Ms. NORTON, Mr. LYNCH, Mrs. CAROLYN B. MALONEY of H.R. 1358. A bill to amend title XVIII of the DESAULNIER, Ms. JACKSON LEE, Mr. New York, Mr. SEAN PATRICK MALO- Social Security Act to establish rules for GOMEZ, Ms. DELBENE, Mr. LEVIN of NEY of New York, Ms. MATSUI, Mrs. payment for graduate medical education Michigan, Mr. RASKIN, Mr. VELA, Ms. MCBATH, Ms. MCCOLLUM, Mr. (GME) costs for hospitals that establish a HILL of California, Ms. ROYBAL- MCEACHIN, Mr. MCGOVERN, Mr. new medical residency training program ALLARD, Mr. NORCROSS, Mr. HAS- MEEKS, Ms. MENG, Ms. MOORE, Mr. after hosting resident rotators for short du- TINGS, Mr. VARGAS, Ms. KAPTUR, Ms. MORELLE, Mr. MOULTON, Ms. rations; to the Committee on Ways and SPEIER, Ms. FUDGE, Mr. KILMER, Ms. MUCARSEL-POWELL, Mrs. MURPHY, Means, and in addition to the Committee on LEE of California, Mr. PRICE of North Mrs. NAPOLITANO, Mr. NORCROSS, Ms. Energy and Commerce, for a period to be Carolina, Mr. QUIGLEY, Ms. FRANKEL, NORTON, Ms. OCASIO-CORTEZ, Ms. subsequently determined by the Speaker, in Mr. DEUTCH, Mrs. WATSON COLEMAN, OMAR, Mr. PALLONE, Mr. PANETTA, each case for consideration of such provi- Ms. MCCOLLUM, Mr. SEAN PATRICK Mr. PAPPAS, Mr. PASCRELL, Mr. sions as fall within the jurisdiction of the MALONEY of New York, Mr. WELCH, PERLMUTTER, Mr. PETERS, Ms. committee concerned. Mr. COHEN, Mr. DANNY K. DAVIS of Il- PLASKETT, Mr. POCAN, Ms. PRESSLEY, By Mr. WRIGHT (for himself, Mr. linois, Mr. CUMMINGS, Mr. HECK, Ms. Mr. PRICE of North Carolina, Mr. MCCAUL, Mr. TED LIEU of California, SCHRIER, Mrs. HAYES, Ms. WILD, Mrs. QUIGLEY, Mr. RASKIN, Miss RICE of and Mr. BERA): LOWEY, Ms. BROWNLEY of California, New York, Mr. ROUDA, Ms. ROYBAL- H.R. 1359. A bill to promote Internet access Mr. MOULTON, Ms. CLARKE of New ALLARD, Mr. RUPPERSBERGER, Mr. in developing countries and update foreign York, Mr. SERRANO, Ms. KUSTER of RUSH, Mr. RYAN, Ms. SA´ NCHEZ, Ms. policy toward the Internet, and for other New Hampshire, Mr. MCEACHIN, Mr. SCANLON, Ms. SCHAKOWSKY, Mr. purposes; to the Committee on Foreign Af- KRISHNAMOORTHI, Ms. ESHOO, Mr. SCHIFF, Mr. SCHNEIDER, Ms. SCHRIER, fairs. GREEN of Texas, Mrs. TRAHAN, Mr. Mr. SCOTT of Virginia, Mr. DAVID By Mr. BOST (for himself, Mr. COSTA, PASCRELL, Mr. BEYER, Ms. ADAMS, SCOTT of Georgia, Mr. SERRANO, Ms. Mr. RODNEY DAVIS of Illinois, Mr. Ms. TLAIB, Ms. PRESSLEY, Mr. BROWN SHALALA, Mr. SHERMAN, Ms. SWALWELL of California, Mr. of Maryland, Ms. DEGETTE, Mr. CAS- SHERRILL, Mr. SIRES, Mr. SMITH of BERGMAN, Mrs. DINGELL, Mrs. TRO of Texas, Mr. RICHMOND, Mr. Washington, Mr. SOTO, Ms. HARTZLER, Mr. O’HALLERAN, Mr. LANGEVIN, Mrs. CAROLYN B. MALONEY SPANBERGER, Ms. SPEIER, Mr. SUOZZI, SUOZZI, Ms. GABBARD, Miss of New York, Mr. MCGOVERN, Mrs.

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NAPOLITANO, Mrs. LAWRENCE, Mr. TED SHERMAN, Mr. NEAL, Ms. SA´ NCHEZ, parency of Medicare secondary payer report- LIEU of California, Mrs. TORRES of Mr. BISHOP of Georgia, Mr. CARBAJAL, ing information, and for other purposes; to California, Mr. KENNEDY, Ms. Mr. KEATING, Ms. ROYBAL-ALLARD, the Committee on Ways and Means, and in SHALALA, Mr. COURTNEY, Mr. GRI- Mr. KENNEDY, Mr. CARSON of Indiana, addition to the Committee on Energy and JALVA, Ms. DELAURO, Ms. UNDER- Mr. MCNERNEY, Miss RICE of New Commerce, for a period to be subsequently WOOD, Ms. LOFGREN, Mr. COX of Cali- York, Mr. COX of California, Ms. determined by the Speaker, in each case for fornia, Mr. MORELLE, and Mr. BLU- BROWNLEY of California, and Mr. consideration of such provisions as fall with- MENAUER): CRIST): in the jurisdiction of the committee con- H.R. 1364. A bill to amend the Child Care H.R. 1368. A bill to amend the Food and Nu- cerned. and Development Block Grant Act of 1990 trition Act of 2008 to require that supple- By Mr. LOWENTHAL (for himself and and the Head Start Act to promote child mental nutrition assistance program bene- Mr. CHABOT): care and early learning, and for other pur- fits be calculated with reference to the cost H.R. 1376. A bill to require a report on the poses; to the Committee on Education and of the low-cost food plan as determined by continuing participation of Cambodia in the Labor. the Secretary of Agriculture, and for other Generalized System of Preferences; to the By Mr. SAN NICOLAS: purposes; to the Committee on Agriculture. Committee on Ways and Means. H.R. 1365. A bill to make technical correc- By Mr. BRENDAN F. BOYLE of Penn- By Ms. MENG (for herself, Mr. tions to the Guam World War II Loyalty sylvania: AGUILAR, Mrs. BEATTY, Mr. BEYER, Recognition Act; to the Committee on Nat- H.R. 1369. A bill to prohibit lifting of Ms. BONAMICI, Mrs. BUSTOS, Mr. ural Resources. United States sanctions imposed with re- CARBAJAL, Mr. CASE, Ms. JUDY CHU of By Mr. STIVERS (for himself, Mr. GON- spect to North Korea; to the Committee on California, Mr. COHEN, Mr. CONNOLLY, ZALEZ of Texas, Mr. THOMPSON of Mis- Foreign Affairs. Mr. CUMMINGS, Mr. DEFAZIO, Ms. sissippi, Mr. FITZPATRICK, Mr. MOON- By Ms. JUDY CHU of California (for DEGETTE, Ms. DELBENE, Mr. EY of West Virginia, Mr. DEFAZIO, herself and Mrs. WALORSKI): DESAULNIER, Mrs. DINGELL, Mr. Mr. DAVID P. ROE of Tennessee, Mr. H.R. 1370. A bill to amend title XVIII of the ENGEL, Mr. ESPAILLAT, Mr. RODNEY DAVIS of Illinois, Mrs. Social Security Act to provide coverage for FITZPATRICK, Mr. FOSTER, Ms. BEATTY, Mr. KILMER, Mrs. WALORSKI, custom fabricated breast prostheses fol- GABBARD, Mr. GALLAGHER, Mr. Mr. DUFFY, Mr. TURNER, Mr. SIMP- lowing a mastectomy; to the Committee on GARAMENDI, Mr. GRIJALVA, Mr. HARD- SON, Mr. RUPPERSBERGER, Ms. MENG, Energy and Commerce, and in addition to ER of California, Mr. HASTINGS, Mr. and Mr. VELA): the Committee on Ways and Means, for a pe- HECK, Mr. HIGGINS of New York, Mr. H.R. 1366. A bill to amend the Internal Rev- riod to be subsequently determined by the enue Code of 1986 to provide the opportunity Speaker, in each case for consideration of HIMES, Ms. JAYAPAL, Ms. KELLY of Il- for responsible health savings to all Amer- such provisions as fall within the jurisdic- linois, Mr. KILMER, Mr. KIND, Mr. ican families; to the Committee on Ways and tion of the committee concerned. LARSEN of Washington, Mrs. LAW- Means. By Ms. DELAURO (for herself, Ms. CAS- RENCE, Mr. LIPINSKI, Mr. LOWENTHAL, ´ By Mr. RASKIN (for himself and Mr. TOR of Florida, Mr. COHEN, Ms. JACK- Mr. LUJAN, Mrs. LURIA, Mrs. CAROLYN ALONEY BUDD): SON LEE, Mrs. CAROLYN B. MALONEY B. M of New York, Mr. H.R. 1367. A bill to amend the Public of New York, and Ms. NORTON): MASSIE, Ms. MATSUI, Mr. MCCLIN- Health Service Act to authorize a program H.R. 1371. A bill to conduct or support fur- TOCK, Ms. MCCOLLUM, Ms. MOORE, Mr. on children and the media within the Na- ther comprehensive research for the creation MOULTON, Mrs. NAPOLITANO, Ms. NOR- tional Institute of Health to study the of a universal influenza vaccine; to the Com- TON, Mr. PALLONE, Mr. PANETTA, Mr. health and developmental effects of tech- mittee on Energy and Commerce. PAPPAS, Mr. PAYNE, Mr. PERL- nology on infants, children, and adolescents; By Mr. GALLAGHER (for himself, Mr. MUTTER, Mr. PETERS, Ms. PINGREE, to the Committee on Energy and Commerce. MAST, Mr. LAMBORN, Mr. BANKS, Ms. Mr. POCAN, Mr. PRICE of North Caro- By Ms. ADAMS (for herself, Mr. STEFANIK, Mr. COLE, Mr. MEADOWS, lina, Mr. QUIGLEY, Mrs. RADEWAGEN, MCGOVERN, Ms. KAPTUR, Ms. LEE of Mr. JOHNSON of Ohio, Mr. PERRY, Mr. Miss RICE of New York, Ms. ROYBAL- California, Mr. LARSEN of Wash- MARSHALL, Mr. GREEN of Tennessee, ALLARD, Mr. RUSH, Mr. RUTHERFORD, ington, Ms. JACKSON LEE, Mrs. WAT- Mr. ZELDIN, Mr. BUDD, and Mr. HICE Mr. SABLAN, Mr. SCHNEIDER, Mr. SON COLEMAN, Mr. BLUMENAUER, Mr. of Georgia): SERRANO, Mr. SIRES, Ms. SPEIER, Ms. KHANNA, Mr. MCEACHIN, Mr. WELCH, H.R. 1372. A bill to clarify that it is United STEFANIK, Mr. SUOZZI, Mr. SWALWELL Mrs. DAVIS of California, Mr. DEUTCH, States policy to recognize Israel’s sov- of California, Mr. TAKANO, Mr. Mr. CUMMINGS, Ms. WILSON of Flor- ereignty over the Golan Heights; to the Com- THOMPSON of California, Ms. TITUS, ida, Ms. NORTON, Mr. LAWSON of Flor- mittee on Foreign Affairs, and in addition to Mrs. TORRES of California, Ms. the Committees on Ways and Means, ida, Ms. MOORE, Ms. SCHAKOWSKY, Mr. VELA´ ZQUEZ, Mrs. WATSON COLEMAN, Science, Space, and Technology, and Agri- LANGEVIN, Mr. RUPPERSBERGER, Ms. Mr. WELCH, Mr. WILSON of South culture, for a period to be subsequently de- LOFGREN, Ms. JOHNSON of Texas, Ms. Carolina, Mr. YARMUTH, Mr. ZELDIN, termined by the Speaker, in each case for DELAURO, Mr. BUTTERFIELD, Mr. Mr. BYRNE, and Mr. GOMEZ): consideration of such provisions as fall with- EVANS, Ms. VELA´ ZQUEZ, Ms. DEGETTE, H.R. 1377. A bill to amend title 38, United in the jurisdiction of the committee con- Mr. BROWN of Maryland, Mr. KILMER, States Code, to provide for the treatment of cerned. Mr. MOULTON, Mr. SWALWELL of Cali- veterans who participated in the cleanup of By Mr. GRIJALVA (for himself, Mr. fornia, Mr. GOMEZ, Mr. AGUILAR, Mr. Enewetak Atoll as radiation exposed vet- O’HALLERAN, Mrs. NAPOLITANO, Mr. PRICE of North Carolina, Mr. RICH- erans for purposes of the presumption of LOWENTHAL, Mrs. DINGELL, Mr. MOND, Mr. LEWIS, Mr. GARAMENDI, service-connection of certain disabilities by HUFFMAN, Mr. COX of California, Ms. Mr. CA´ RDENAS, Mr. CICILLINE, Mr. the Secretary of Veterans Affairs; to the HAALAND, Mr. LEVIN of California, SEAN PATRICK MALONEY of New York, Committee on Veterans’ Affairs. Mr. QUIGLEY, Mr. MCNERNEY, Mr. Ms. BARRAGA´ N, Mr. TAKANO, Mr. MI- By Ms. NORTON: SABLAN, Mr. CARBAJAL, Ms. DEGETTE, CHAEL F. DOYLE of Pennsylvania, Mr. H.R. 1378. A bill to provide that the author- Ms. SCHAKOWSKY, Mr. GALLEGO, Mr. PALLONE, Mr. ESPAILLAT, Mr. GON- ity to grant clemency for offenses against MCEACHIN, Ms. VELA´ ZQUEZ, Mr. ZALEZ of Texas, Mr. RUSH, Mr. COHEN, the District of Columbia shall be exercised in CASTEN of Illinois, and Mr. COHEN): Ms. ESHOO, Ms. OMAR, Mr. SERRANO, H.R. 1373. A bill to protect, for current and accordance with law enacted by the District Ms. JUDY CHU of California, Mr. future generations, the watershed, eco- of Columbia; to the Committee on Oversight PETERS, Ms. SPEIER, Ms. PINGREE, system, and cultural heritage of the Grand and Reform. Ms. JAYAPAL, Mr. DESAULNIER, Mr. Canyon region in the State of Arizona, and By Mr. PETERSON (for himself, Mr. POCAN, Mr. MEEKS, Ms. CLARK of for other purposes; to the Committee on Nat- RIGGLEMAN, Mrs. AXNE, Miss RICE of Massachusetts, Mr. TONKO, Ms. ural Resources. New York, Mr. SIMPSON, Mr. VIS- TLAIB, Ms. WASSERMAN SCHULTZ, Mr. By Mr. HOLLINGSWORTH (for him- CLOSKY, Mr. RODNEY DAVIS of Illinois, LYNCH, Mr. VEASEY, Mr. GALLEGO, self, Mr. CUELLAR, Mr. MITCHELL, Mr. and Mr. STIVERS): ´ Mr. HECK, Mr. GARCIA of Illinois, Mr. COOPER, Ms. JACKSON LEE, Mr. GREEN H.R. 1379. A bill to amend the Public ROUDA, Ms. CLARKE of New York, Ms. of Texas, and Mr. WESTERMAN): Health Service Act, the Employee Retire- OCASIO-CORTEZ, Mr. SCHIFF, Ms. H.R. 1374. A bill to direct the Secretary of ment Income Security Act of 1974, and the DELBENE, Mr. HASTINGS, Ms. Transportation to issue regulations relating Internal Revenue Code of 1986 to require that PRESSLEY, Ms. GARCIA of Texas, Mr. to commercial motor vehicle drivers under group and individual health insurance cov- TED LIEU of California, Mr. LEVIN of the age of 21, and for other purposes; to the erage and group health plans provide cov- Michigan, Mr. NADLER, Mrs. NAPOLI- Committee on Transportation and Infra- erage for treatment of a congenital anomaly TANO, Ms. HAALAND, Mr. GRIJALVA, structure. or birth defect; to the Committee on Energy Mrs. HAYES, Mr. NEGUSE, Mr. RYAN, By Mr. KIND (for himself and Mr. BILI- and Commerce, and in addition to the Com- Mrs. CAROLYN B. MALONEY of New RAKIS): mittees on Ways and Means, and Education York, Mr. CASTRO of Texas, Mr. SAR- H.R. 1375. A bill to amend title XVIII of the and Labor, for a period to be subsequently BANES, Ms. BASS, Mr. RASKIN, Mr. Social Security Act to provide for trans- determined by the Speaker, in each case for

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consideration of such provisions as fall with- Mr. GROTHMAN, Mr. HARRIS, Mr. Congress has the power to enact this legis- in the jurisdiction of the committee con- KEVIN HERN of Oklahoma, Mr. HOLD- lation pursuant to the following: cerned. ING, Mr. JORDAN, Mrs. LESKO, Mr. Fifteenth Amendment, Section 2 Section 1: By Mr. QUIGLEY (for himself, Mr. MARSHALL, Mr. MCCLINTOCK, Mr. The right of citizens of the United States to FITZPATRICK, Mr. BLUMENAUER, Mr. MEADOWS, Mr. MOONEY of West Vir- vote shall not be denied or abridged by the DEFAZIO, Mr. MCNERNEY, Ms. NOR- ginia, Mr. NORMAN, Mr. PALMER, Mr. U.S. or by any state on account of race, TON, Ms. ROYBAL-ALLARD, Ms. PERRY, Mr. POSEY, Mr. ROY, Mr. color, or previous condition of servitude. MCCOLLUM, Mr. SCHIFF, Mr. RASKIN, SCHWEIKERT, Mr. WEBER of Texas, Mr. By Mr. DOGGETT: Miss RICE of New York, Ms. WEBSTER of Florida, Mr. WILLIAMS, H.R. 1356. BROWNLEY of California, Mr. MCGOV- Mr. WRIGHT, Mr. BABIN, Mr. CLINE, Congress has the power to enact this legis- ERN, Mr. MALINOWSKI, Mr. SWALWELL Mr. GREEN of Tennessee, Mr. HICE of lation pursuant to the following: of California, Mr. HASTINGS, Mr. CON- Georgia, Mr. JOHNSON of Louisiana, Clause 1 of Section 8 of Article I of the NOLLY, Mr. SUOZZI, Mr. CARTWRIGHT, Mr. NEWHOUSE, Mr. SPANO, Mr. United States Constitution. Mr. RYAN, Mr. SEAN PATRICK MALO- WESTERMAN, Mr. YOHO, Mr. SMUCKER, By Mr. DOGGETT: NEY of New York, Mrs. WATSON COLE- Mr. STEUBE, Mr. WALKER, Mr. ARM- H.R. 1357. Congress has the power to enact this legis- MAN, Mr. GAETZ, Mr. GALLEGO, Mr. STRONG, Mr. EMMER, and Mr. lation pursuant to the following: CASTEN of Illinois, Ms. BLUNT ROCH- TIMMONS): Clause 1 of Section 8 of Article I of the ESTER, Ms. WILSON of Florida, Mrs. H. Res. 149. A resolution recognizing the United States Constitution. NAPOLITANO, Ms. LEE of California, national debt as a threat to national secu- By Mr. KIND: Mr. O’HALLERAN, Ms. MOORE, Mr. TED rity; to the Committee on the Budget, and in H.R. 1358. LIEU of California, Mr. KEATING, Mr. addition to the Committee on Ways and Congress has the power to enact this legis- COHEN, Mr. CRIST, Mr. LOWENTHAL, Means, for a period to be subsequently deter- lation pursuant to the following: Mr. TURNER, Mr. LYNCH, Mr. BEYER, mined by the Speaker, in each case for con- Article I, Section 8 Mr. KILMER, Mr. ZELDIN, Mrs. DAVIS sideration of such provisions as fall within By Mr. WRIGHT: of California, Ms. MENG, Mr. LAN- the jurisdiction of the committee concerned. H.R. 1359. GEVIN, Ms. JACKSON LEE, Ms. By Mr. CRAWFORD (for himself, Mr. Congress has the power to enact this legis- WASSERMAN SCHULTZ, Mr. WELCH, Mr. HILL of Arkansas, Mr. WOMACK, and lation pursuant to the following: KRISHNAMOORTHI, Ms. JAYAPAL, Mr. Mr. WESTERMAN): Article 1, Section 8 MOULTON, Mr. RUPPERSBERGER, Ms. H. Res. 150. A resolution commemorating By Mr. BOST: SPEIER, Mr. SERRANO, and Mr. the 100th anniversary of the Elaine mas- H.R. 1360. GOMEZ): sacre; to the Committee on the Judiciary. Congress has the power to enact this legis- H.R. 1380. A bill to amend the Lacey Act By Mr. HUNTER: lation pursuant to the following: Amendments of 1981 to clarify provisions en- H. Res. 151. A resolution expressing the Article I, Section 8, Clause 1. acted by the Captive Wildlife Safety Act, to support of the House of Representatives for By Ms. MATSUI: further the conservation of certain wildlife the priorities and goals of Executive Order H.R. 1361. species, and for other purposes; to the Com- 13443; to the Committee on Natural Re- Congress has the power to enact this legis- mittee on Natural Resources. sources, and in addition to the Committee on lation pursuant to the following: By Mr. RUIZ (for himself and Mr. Agriculture, for a period to be subsequently Article 1, Section 8, Clause 3 of the United WENSTRUP): determined by the Speaker, in each case for States Constitution H.R. 1381. A bill to direct the Secretary of consideration of such provisions as fall with- By Mr. EMMER: Veterans Affairs to take actions necessary to in the jurisdiction of the committee con- H.R. 1362. ensure that certain individuals may update cerned. Congress has the power to enact this legis- the burn pit registry with a registered indi- By Mr. KHANNA (for himself, Ms. lation pursuant to the following: vidual’s cause of death, and for other pur- JAYAPAL, Mr. POCAN, Ms. LEE of Cali- Article I, Section 8, Clause 1 of the United poses; to the Committee on Veterans’ Af- fornia, Ms. HAALAND, Ms. OMAR, Ms. States Constitution—The Congress shall fairs. OCASIO-CORTEZ, Ms. NORTON, Ms. have Power to lay and collect Taxes, Duties, By Ms. SCANLON (for herself, Mr. SAR- SCHAKOWSKY, Mr. GRIJALVA, Mr. Imposts and Excises, to pay the Debts and BANES, Mr. SERRANO, and Mr. RUSH, Ms. JOHNSON of Texas, Ms. provide for the common Defence and general BRENDAN F. BOYLE of Pennsylvania): GABBARD, Mr. ESPAILLAT, Mr. KIM, Welfare of the United States; but all Duties, H.R. 1382. A bill to amend the Federal Elec- Ms. TLAIB, Ms. JUDY CHU of Cali- Imposts and Excises shall be uniform tion Campaign Act of 1971 to prohibit certain fornia, Mr. SERRANO, Ms. MOORE, and throughout the United States. donations to Inaugural Committees, to es- Ms. VELA´ ZQUEZ): Article I, Section 8, Clause 3 of the United tablish limitations on donations to Inau- H. Res. 152. A resolution calling for a for- States Constitution—To regulate Commerce gural Committees, to require certain report- mal end of the Korean war; to the Com- with foreign Nation, and among the several ing by Inaugural Committees, and for other mittee on Foreign Affairs, and in addition to States, and with the Indian Tribes. purposes; to the Committee on House Admin- the Committee on Veterans’ Affairs, for a pe- Article I, Section 8, Clause 18 of the United istration, and in addition to the Committee riod to be subsequently determined by the States Constitution—To make all Laws on Oversight and Reform, for a period to be Speaker, in each case for consideration of which shall be necessary and proper for car- subsequently determined by the Speaker, in such provisions as fall within the jurisdic- rying into Execution the foregoing Powers, each case for consideration of such provi- tion of the committee concerned. and all other Powers vested by this Constitu- sions as fall within the jurisdiction of the tion in the Government of the United States, committee concerned. f or in any Department or Officer thereof. By Mr. SMITH of New Jersey (for him- MEMORIALS By Ms. CASTOR of Florida: self, Ms. LOFGREN, and Mr. H.R. 1363. LOWENTHAL): Under clause 3 of rule XII, Congress has the power to enact this legis- H.R. 1383. A bill to advance United States 3. The SPEAKER presented a memorial of lation pursuant to the following: national interests by prioritizing the protec- the Senate of the State of Louisiana, rel- Article I Section 8 of the U.S. Constitution tion of internationally-recognized human ative to Senate Concurrent Resolution No. By Mr. SCOTT of Virginia: rights and development of the rule of law in 52, requesting the Congress of the United H.R. 1364. relations between the United States and States call a convention of the states to pro- Congress has the power to enact this legis- Vietnam, and for other purposes; to the Com- pose amendments to the Constitution of the lation pursuant to the following: mittee on Foreign Affairs. United States; which was referred to the Article I, Section 8 of the Constitution of By Mr. GRIJALVA: Committee on the Judiciary. the United States. H. Con. Res. 21. Concurrent resolution di- By Mr. SAN NICOLAS: recting the Secretary of the Senate to make f H.R. 1365. a correction in the enrollment of the bill S. CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- 47; considered and agreed to. STATEMENT lation pursuant to the following: By Mr. JEFFRIES: The constitutional authority on which this H. Res. 148. A resolution electing Members Pursuant to clause 7 of rule XII of bill rests is the power of the Congress to to certain standing committees of the House the Rules of the House of Representa- make appropriations as set forth in Article I, of Representatives; considered and agreed to. tives, the following statements are sub- Section 9, Clause 7, and to make rules and By Mr. BIGGS (for himself, Mr. mitted regarding the specific powers regulations respecting the U.S. territories, ARRINGTON, Mr. BALDERSON, Mr. granted to Congress in the Constitu- as enumerated in Article IV, Section 3, BROOKS of Alabama, Mr. BUCK, Mr. Clause 2 of the Constitution; and to make all BUDD, Mr. BURCHETT, Mr. CLOUD, Mr. tion to enact the accompanying bill or rules and regulations respecting the Terri- COLE, Mr. DAVIDSON of Ohio, Mr. joint resolution. tories and possessions as enumerated in Arti- DESJARLAIS, Mr. DUNCAN, Mr. GAETZ, By Ms. SEWELL of Alabama: cle IV, Section 3, Clause 2 of the United Mr. GIBBS, Mr. GOSAR, Mr. GOHMERT, H.R. 4. States Constitution.

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By Mr. STIVERS: Article I, Section 8 of the U.S. Constitu- H.R. 299: Ms. PORTER, Mr. TED LIEU of Cali- H.R. 1366. tion fornia, Ms. SCANLON, Ms. SLOTKIN, Mr. Congress has the power to enact this legis- ‘‘The Congress shall have power to lay and STAUBER, Ms. OMAR, Ms. HERRERA BEUTLER, lation pursuant to the following: collect taxes, duties, imposts and excises, to Mr. GARCI´A of Illinois, Mr. ALLRED, Mrs. Article I, Section 8, Clause 1: The Congress pay the debts and provide for the common AXNE, Ms. DELBENE, and Ms. CASTOR of Flor- shall have Power to lay and collect Taxes, defence and general welfare of the United ida. Duties, Imposts and Excises, to pay the States; but all duties, imposts and excises H.R. 303: Mr. SUOZZI and Mr. WALDEN. Debts and provide for the common Defense shall be uniform throughout the United H.R. 305: Mr. JORDAN. and general Welfare of the United States; but States; to regulate commerce with foreign H.R. 336: Mr. BRADY. all Duties, Imposts and Excises shall be uni- nations, and among the serveral states, and H.R. 366: Mr. COHEN. form throughout the United States. with the indian tribes.’’ H.R. 394: Ms. CLARKE of New York. By Mr. RASKIN: By Ms. MENG: H.R. 397: Mr. POCAN, Mr. MORELLE, Ms. H.R. 1367. H.R. 1377. OMAR, Mr. FOSTER, Ms. LEE of California, Congress has the power to enact this legis- Congress has the power to enact this legis- Mr. SCHRADER, Mr. GARAMENDI, Ms. lation pursuant to the following: lation pursuant to the following: WASSERMAN SCHULTZ, Ms. STEVENS, and Mr. Article 1, Section 8 of the U.S. Constitu- Article I, Section 8, Clause 18 of the Con- BLUMENAUER. tion stitution H.R. 444: Ms. GABBARD and Mr. HASTINGS. By Ms. ADAMS: By Ms. NORTON: H.R. 445: Mr. HASTINGS. H.R. 1368. H.R. 1378. H.R. 510: Mr. SPANO, Mr. CUELLAR, Mr. Congress has the power to enact this legis- Congress has the power to enact this legis- LAWSON of Florida, and Mr. O’HALLERAN. lation pursuant to the following: lation pursuant to the following: H.R. 532: Ms. HAALAND. This bill is enacted pursuant to the power clause 17 of section 8 of article I of the H.R. 549: Ms. CASTOR of Florida, Mr. granted to Congress under Article I, Section Constitution. DEUTCH, and Ms. HAALAND. 8 of the United States Constitution By Mr. PETERSON: H.R. 550: Mr. OLSON, Mr. GOSAR, Ms. CAS- By Mr. BRENDAN F. BOYLE of Penn- H.R. 1379. TOR of Florida, Ms. HILL of California, Mr. sylvania: Congress has the power to enact this legis- FLEISCHMANN, Mrs. DEMINGS, Mr. CRAWFORD, H.R. 1369. lation pursuant to the following: Mr. GREEN of Texas, Mr. POSEY, Ms. SCHA- Congress has the power to enact this legis- Article 1, Section 8, Clause 3 of the United KOWSKY, Mr. HUNTER, Mr. COURTNEY, and Mr. lation pursuant to the following: States Constitution BYRNE. Article I, Section 8 of the U.S. Constitu- By Mr. QUIGLEY: H.R. 553: Ms. CHENEY, Mrs. LEE of Nevada, tion under the General Welfare Clause. H.R. 1380. Mr. LATTA, Mr. STAUBER, Mr. DAVID P. ROE By Ms. JUDY CHU of California: Congress has the power to enact this legis- of Tennessee, Mr. GAETZ, Mr. BUDD, and Mr. H.R. 1370. lation pursuant to the following: COOK. Congress has the power to enact this legis- Article 1, Section 8, Clause 3 of the U.S. H.R. 557: Mr. CA´ RDENAS. lation pursuant to the following: Constitution H.R. 570: Mr. TIPTON. Clause 1 of Section 8 of Article 1 of the By Mr. RUIZ: H.R. 582: Ms. HOULAHAN. United States Constitution. H.R. 1381. H.R. 587: Mr. FOSTER, Mr. KEVIN HERN of By Ms. DELAURO: Congress has the power to enact this legis- Oklahoma, and Mr. KELLY of Mississippi. H.R. 1371. lation pursuant to the following: H.R. 592: Mr. THOMPSON of Mississippi. Congress has the power to enact this legis- Article I, section 8, Clauses 1 and 18 of the H.R. 594: Mr. COLLINS of New York. lation pursuant to the following: H.R. 613: Mr. BISHOP of Utah, Mr. WITTMAN, United States Constitution, to provide for This bill is enacted pursuant to the power Mr. POCAN, and Mr. JOHNSON of Georgia. the general welfare and make all laws nec- granted to Congress under Article I of the H.R. 621: Mr. WEBER of Texas. essary and proper to carry out the powers of United States Constitution and its subse- H.R. 627: Mr. TIPTON. Congress. quent amendments, and further clarified and H.R. 638: Mr. GOODEN. By Ms. SCANLON: interpreted by the Supreme Court of the H.R. 644: Mr. MCADAMS. H.R. 1382. United States. H.R. 647: Mr. BRINDISI, Ms. DELBENE, Mr. Congress has the power to enact this legis- By Mr. GALLAGHER: CLAY, and Mrs. CRAIG. lation pursuant to the following: H.R. 1372. H.R. 651: Mr. CARSON of Indiana. Congress has the power to enact this legis- Article I Section 8 H.R. 663: Mr. CICILLINE, Mr. KIM, Ms. OMAR, lation pursuant to the following: By Mr. SMITH of New Jersey: Mr. PALLONE, Mr. RASKIN, Mrs. RODGERS of Section 8 of Article I of the Constitution of H.R. 1383. Washington, Ms. SLOTKIN, Mr. STAUBER, Mr. the United States, which states, ‘‘To regu- Congress has the power to enact this legis- WALDEN, Mr. YARMUTH, Ms. JACKSON LEE, late commerce with foreign nations, and lation pursuant to the following: Mr. PAPPAS, Mr. TED LIEU of California, and Article I, Section 8, Clause 3 among the several states, and with the In- Mr. GALLEGO. dian tribes’’ Article I, Section 8, Clause 4 H.R. 665: Ms. MENG and Ms. TORRES SMALL By Mr. GRIJALVA: Article I, Section 8, Clause 18 of New Mexico. H.R. 1373. f H.R. 674: Ms. UNDERWOOD. Congress has the power to enact this legis- H.R. 677: Ms. SEWELL of Alabama, Mr. ADDITIONAL SPONSORS lation pursuant to the following: JOHNSON of Georgia, and Mr. PAPPAS. U.S. Const. art. I, sec. 8, cl. 3 Under clause 7 of rule XII, sponsors H.R. 692: Ms. CHENEY and Mr. WITTMAN. To regulate Commerce with foreign Na- were added to public bills and resolu- H.R. 717: Mr. DESAULNIER. tions, and among the several States, and tions, as follows: H.R. 720: Mr. CARBAJAL and Ms. LOFGREN. with the Indian tribes; H.R. 723: Mr. PALMER. U.S. Cont. art. IV, sec, 3, cl. 2, sen. a H.R. 1: Mrs. MURPHY, Mr. BRINDISI, Mr. H.R. 724: Mr. HIMES. The Congress shall have Power to dispose SCHRADER, Mr. GONZALEZ of Texas, Mr. H.R. 732: Ms. LEE of California and Mrs. of and make all needful Rules and Regula- MCADAMS, Ms. TORRES SMALL of New Mex- LAWRENCE. tions respecting the Territory or other Prop- ico, Mr. SABLAN, Mr. CUELLAR, and Mr. RICH- H.R. 748: Mr. RUSH, Mr. BANKS, Mr. SIRES, erty belonging to the United States MOND. Mr. SCHWEIKERT, Mr. SABLAN, Mr. NEWHOUSE, By Mr. HOLLINGSWORTH: H.R. 20: Mrs. ROBY and Mr. JORDAN. Mr. DUFFY, and Mr. BROWN of Maryland. H.R. 1374. H.R. 38: Mr. BURCHETT and Mr. H.R. 764: Mr. WILSON of South Carolina. Congress has the power to enact this legis- DESJARLAIS. H.R. 784: Mrs. ROBY. lation pursuant to the following: H.R. 40: Ms. GABBARD. H.R. 808: Mr. LEVIN of Michigan and Mr. Article I, Section 8, Clause 18: To make all H.R. 93: Mr. CASTEN of Illinois. KENNEDY. Laws which shall be necessary and proper for H.R. 95: Mr. VAN DREW, Mrs. KIRKPATRICK, H.R. 842: Ms. HILL of California. carrying into Execution the foregoing Pow- Mr. MCCAUL, Ms. PORTER, Ms. ESCOBAR, Mr. H.R. 862: Mrs. MILLER. ers, and all other Powers vested by this Con- TRONE, Ms. OCASIO-CORTEZ, and Miss H.R. 864: Mr. DOGGETT. stitution in the Government of the United GONZA´ LEZ-COLO´ N of Puerto Rico. H.R. 865: Mr. LARSON of Connecticut and States, or in any Department or Officer H.R. 96: Mr. MEEKS and Ms. OCASIO-CORTEZ. Mr. LEVIN of California. thereof. H.R. 99: Mr. BARR and Mr. CARTER of Geor- H.R. 872: Ms. LOFGREN. By Mr. KIND: gia. H.R. 874: Mr. HIGGINS of New York, Ms. H.R. 1375. H.R. 141: Mrs. TRAHAN, Mr. KENNEDY, and HAALAND, and Mr. KENNEDY. Congress has the power to enact this legis- Mr. BERA. H.R. 878: Mr. ROSE of New York, Mr. COX of lation pursuant to the following: H.R. 197: Mr. NEGUSE. California, Mrs. MCBATH, and Mr. GONZALEZ Article I, Section 8 H.R. 216: Mr. RESCHENTHALER. of Texas. By Mr. LOWENTHAL: H.R. 218: Mr. GOSAR and Mrs. LESKO. H.R. 890: Mr. YOHO. H.R. 1376. H.R. 219: Mr. PERRY. H.R. 919: Ms. NORTON. Congress has the power to enact this legis- H.R. 230: Ms. CLARK of Massachusetts and H.R. 925: Mr. CUNNINGHAM and Mr. KUSTOFF lation pursuant to the following: Ms. HILL of California. of Tennessee.

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H.R. 926: Ms. BONAMICI. H.R. 1142: Ms. WILD. Georgia, Mr. FERGUSON, Mr. WENSTRUP, and H.R. 929: Mr. RODNEY DAVIS of Illinois, Mrs. H.R. 1148: Mr. GAETZ. Mr. HILL of Arkansas. LAWRENCE, Ms. CLARKE of New York, Mr. H.R. 1153: Mr. GOMEZ. H.R. 1340: Mr. LARSEN of Washington. SEAN PATRICK MALONEY of New York, and H.R. 1156: Mr. YOHO, Mr. DESJARLAIS, and H.R. 1344: Mr. GARAMENDI and Ms. PORTER. Mr. BACON. Mr. HAGEDORN. H.J. Res. 25: Mr. SPANO. H.R. 946: Mr. VAN DREW and Mr. THOMPSON H.R. 1162: Mr. LEVIN of California. of California. H.R. 1176: Mr. TRONE, Mr. MCGOVERN, and H.J. Res. 34: Mr. DESJARLAIS. H.R. 949: Mr. KEVIN HERN of Oklahoma and Mr. SMITH of Washington. H. Con. Res. 12: Ms. PRESSLEY. Mr. JORDAN. H.R. 1181: Mrs. KIRKPATRICK. H. Con. Res. 13: Ms. PRESSLEY. H.R. 962: Mr. MAST and Mr. FLEISCHMANN. H.R. 1185: Mr. GOLDEN, Mr. HECK, and Ms. H. Con. Res. 20: Mr. KEVIN HERN of Okla- H.R. 1002: Mr. DOGGETT and Ms. LOFGREN. PORTER. homa, Mr. HOLLINGSWORTH, Mr. WATKINS, H.R. 1007: Mr. LOEBSACK and Mrs. H.R. 1225: Mr. QUIGLEY, Mrs. MILLER, Mr. Mr. AMODEI, and Mr. HUDSON. WALORSKI. MEADOWS, and Mr. NEGUSE. H. Res. 23: Mrs. KIRKPATRICK, Mr. SEAN H.R. 1019: Ms. WEXTON, Mrs. HARTZLER, and H.R. 1226: Ms. DEGETTE. PATRICK MALONEY of New York, Mr. Mr. PETERSON. H.R. 1234: Mrs. WATSON COLEMAN. ESPAILLAT, Mr. GALLEGO, Mr. DELGADO, Mrs. H.R. 1023: Mr. VISCLOSKY. H.R. 1237: Mr. CASTEN of Illinois and Mr. H.R. 1024: Mr. POSEY. LEE of Nevada, Mr. AGUILAR, Ms. DELBENE, TONKO. H.R. 1044: Mr. SCHRADER, Mrs. CAROLYN B. Mr. SOTO, Mr. GONZALEZ of Texas, Mr. H.R. 1244: Mr. GARCI´A of Illinois and Mr. MALONEY of New York, Mr. LAMBORN, Mr. KHANNA, Ms. BLUNT ROCHESTER, Mr. HIMES, MCGOVERN. WRIGHT, Mr. COLE, Mr. BRINDISI, Mr. NEGUSE, Mr. VISCLOSKY, Mr. LOWENTHAL, Mr. H.R. 1249: Ms. LEE of California. Ms. CLARK of Massachusetts, Mr. DELGADO, CARBAJAL, Mr. VELA, Mr. KILMER, Mr. BERA, H.R. 1265: Mr. MARSHALL. Mr. DAVID SCOTT of Georgia, and Ms. Mr. TED LIEU of California, Mrs. NAPOLITANO, H.R. 1268: Mrs. LESKO. SA´ NCHEZ. Mr. RICHMOND, and Mr. CA´ RDENAS. H.R. 1279: Ms. JACKSON LEE, Mr. CARSON of H.R. 1050: Mr. SABLAN, Mr. MCGOVERN, Ms. Indiana, Mr. RASKIN, and Mr. GARCI´A of Illi- H. Res. 33: Mr. VISCLOSKY, Mr. FOSTER, and DAVIDS of Kansas, and Mr. LEVIN of Cali- nois. Ms. WATERS. fornia. H.R. 1289: Mr. NEWHOUSE. H. Res. 54: Mr. VISCLOSKY, Ms. WEXTON, Mr. H.R. 1058: Mr. KING of New York. H.R. 1293: Mr. GONZALEZ of Texas and Ms. LOWENTHAL, Mr. CARBAJAL, Mr. BERA, Mr. H.R. 1066: Ms. DELBENE. ICHMOND ED IEU H.R. 1080: Mr. VARGAS, Mrs. NAPOLITANO, HAALAND. R , Mr. T L of California, Mr. ILMER OX Mr. KHANNA, Ms. LOFGREN, Mr. TAKANO, Mr. H.R. 1300: Mr. HORSFORD, Mr. SUOZZI, Mr. K , and Mr. C of California. CICILLINE, Ms. HILL of California, Mr. RYAN, KILDEE, and Mrs. CAROLYN B. MALONEY of H. Res. 60: Ms. BLUNT ROCHESTER and Mr. and Mr. COHEN. New York. BRINDISI. H.R. 1081: Mr. HIMES, Mr. HURD of Texas, H.R. 1309: Ms. WASSERMAN SCHULTZ, Mrs. H. Res. 96: Ms. PRESSLEY. DAVIS of California, Ms. PORTER, Mr. LEVIN Mr. CARSON of Indiana, and Mr. TURNER. H. Res. 107: Ms. STEFANIK. EWHOUSE of Michigan, Ms. JAYAPAL, and Mr. TAKANO. H.R. 1125: Mr. N . H. Res. 119: Mr. QUIGLEY. H.R. 1133: Mr. SEAN PATRICK MALONEY of H.R. 1327: Ms. BROWNLEY of California, Ms. H. Res. 129: Ms. PINGREE, Ms. JACKSON LEE, New York, Ms. MCCOLLUM, Mr. BROWN of TITUS, Mr. MEUSER, Mr. LEVIN of Michigan, Mr. ESPAILLAT, Ms. HAALAND, and Mr. Maryland, and Ms. LEE of California. Ms. GABBARD, Mr. QUIGLEY, Mr. COHEN, Mr. H.R. 1134: Mr. ESPAILLAT. HORSFORD, Mr. NEAL, Ms. HILL of California, COHEN. H.R. 1139: Mr. CLAY, Mr. GARCI´A of Illinois, Mr. SARBANES, and Ms. MCCOLLUM. H. Res. 134: Mr. TURNER. Mr. TED LIEU of California, and Ms. H.R. 1339: Mrs. HARTZLER, Mr. ABRAHAM, H. Res. 138: Ms. MENG, Mr. PALLONE, Ms. VELA´ ZQUEZ. Mr. ZELDIN, Mr. BOST, Mr. AUSTIN SCOTT of FRANKEL, and Mr. PERLMUTTER.

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Vol. 165 WASHINGTON, TUESDAY, FEBRUARY 26, 2019 No. 35 Senate The Senate met at 10 a.m. and was are entitled to the same legal protec- be confirmed so far during the Trump called to order by the President pro tions and professional care as other administration. tempore (Mr. GRASSLEY). newborns. As I discussed yesterday, Eric Miller f In all honesty, the fact that this leg- has a distinguished record in both pub- islation even needed to be written is a lic service and private practice. He PRAYER sad reminder of the degree to which holds degrees from Harvard and the The Chaplain, Dr. Barry C. Black, of- our society is at risk of losing some University of Chicago, and his legal ex- fered the following prayer: crucial moral bearings, and the fact perience includes holding prestigious Let us pray. that the U.S. Senate could not even clerkships on our Nation’s highest Majestic God, we ask for the fruits of vote to advance this bill is beyond dis- courts. Yet, rather than take my word Your unrivaled wisdom in these chal- maying. for it, I urge my colleagues to consider lenging times. Give our leaders the The legislation was silent on the the endorsements of those with whom strength and courage to triumph over abortion issue. All it would have done the nominee has studied and worked. stagnation and conflict, and grant us is to have affirmed the rights of these For example, 54 members of the Uni- forgiveness for our shortcomings. newborn babies, but apparently even versity of Chicago Law School’s class We praise You, O Lord, for we belong that was a bridge too far, not just for of 1999, with their wide-ranging views to Your Kingdom, and we are Your the far-left fringe—not anymore—but on politics and judicial philosophy, children. Bestow upon our great Nation for the vast majority of our Demo- have offered a ringing endorsement for Your everlasting light, and let Your cratic colleagues right here in the Sen- Eric Miller. In a letter to our col- perpetual goodness shine upon us. ate. leagues on the Judiciary Committee, Lord, our greatest debt of gratitude We are no longer dealing with a nor- they cite Mr. Miller’s ‘‘diligent work is owed to You, for without You, we mal, traditional Democratic Party; we ethic, his keen legal mind, and his deep can do nothing. Give us, this day, light are looking at a party that has been consideration for every legal issue he to guide us, courage to support us, and dragged so far to the left, it would have confronts.’’ All in all, his classmates— love to unite us. been unrecognizable to folks just a few many of whom have also been his col- We pray in Your merciful Name. years ago. In 1996, Senator Daniel Pat- leagues over the years—say that Mr. Amen. rick Moynihan condemned partial- Miller is ‘‘extraordinarily well quali- f birth abortion by comparing it to in- fied to serve as a Federal judge.’’ fanticide. He was a distinguished, I urge each of my colleagues to join PLEDGE OF ALLEGIANCE mainstream Democratic Senator from me in voting to confirm this fine nomi- The President pro tempore led the New York about 20 years ago. And nee soon. Pledge of Allegiance, as follows: today? Ninety-four percent of Senate f Democrats could not even vote to pro- I pledge allegiance to the Flag of the VOTER FRAUD United States of America, and to the Repub- tect babies after they are born. The lic for which it stands, one nation under God, only explanations they could offer were Mr. MCCONNELL. Madam President, indivisible, with liberty and justice for all. bizarre euphemisms and vague ref- on a final matter, anyone who has been f erences to issues that have no bearing attentive to the news these past few once a child has already been born days has learned about the complete RECOGNITION OF THE MAJORITY alive. debacle that unfolded in last Novem- LEADER It was a sorry display, but I can say ber’s election for North Carolina’s The PRESIDING OFFICER (Mrs. this: This fight isn’t over. The Repub- Ninth Congressional District. Soon HYDE-SMITH). The majority leader is licans will not let this stunning extre- after election day, allegations of illegal recognized. mism from our Democratic colleagues ballot harvesting and vote tampering f be the last word on this subject. clouded a close result. The wrongdoing f seemed to have benefited the Repub- S. 311 lican candidate over the Democratic. Mr. MCCONNELL. Madam President, NOMINATION OF ERIC D. MILLER Just last week, we saw the State Board the Senate had an opportunity yester- Mr. MCCONNELL. Madam President, of Elections unanimously call for a new day to affirm our commitment to the on another matter, fortunately, the election. dignity of human life. We had a chance Senate did make progress in another For years and years, every Repub- to state plainly that newborn babies area. Yesterday, we advanced what will lican who dared to call for common- who happen to have survived abortions be the 31st circuit court nomination to sense safeguards for Americans’ ballots

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

S1447

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VerDate Sep 11 2014 00:26 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.000 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1448 CONGRESSIONAL RECORD — SENATE February 26, 2019 was demonized by Democrats and their turning up ballots will open the door to Democrats choose at this moment to allies. We were hit with leftwing talk- misbehavior. Remember, it is illegal in propose a sprawling Federal takeover ing points that insisted that voter North Carolina and in most States for of election law that would erode the in- fraud was not real—it never happens, the obvious reason, but I have noted tegrity of our elections even further. they said—that fraud just didn’t hap- with interest that the Democrats’ new So that, I think, pretty well under- pen and that modest efforts to ensure focus on this practice has yet to extend scores what the priorities of today’s that voters are who they say they are to California. I wonder why. Well, in Democrat Party is. and are voting in the proper places California, it is legal. It is a common f were really some sinister, rightwing practice in California. California al- plot to prevent people from voting. lows anyone—not just family members RESERVATION OF LEADER TIME As you might expect, now that an in- but anyone—to show up at polling The PRESIDING OFFICER. Under cident of very real voter fraud has be- places on election day with ballots that the previous order, the leadership time come national news and the Republican are not theirs. Welcome to California. is reserved. candidate seems to have benefited, Reports suggest that Orange County f these longstanding Democratic talking alone saw—listen to this—250,000 ab- points have been really quiet. We sentee ballots dropped off on election CONCLUSION OF MORNING haven’t heard much lately from the day last year. The county’s registrar BUSINESS Democrats about how fraud never hap- told the newspaper that some individ- The PRESIDING OFFICER. Morning pens. They have gone silent. Now some uals dropped off hundreds of other peo- business is closed. are singing a different tune. There is a ple’s ballots. We have no way to know f new interest in ensuring the sanctity if those ballots were sealed or if the of American elections. people had even voted when they were EXECUTIVE SESSION I have been focused for decades on harvested. The only evidence we have protecting the integrity of elections, so that the voter cast his or her ballot is I would like to welcome my friends on the signature. EXECUTIVE CALENDAR the left to their new realization. They This past election cycle turned out The PRESIDING OFFICER. Under have just discovered that this subject favorably for California Democrats, the previous order, the Senate will pro- really matters, but I have yet to see amazingly enough. These late-arriving ceed to executive session and resume any evidence that they are actually in- ballots seemed to help turn several consideration of the following nomina- terested in cleaning up the conditions races their way. Maybe this helps ex- tion, which the clerk will report. that lead to messes like this one in plain why: When House GOP leaders ex- The senior assistant legislative clerk North Carolina. pressed concern over ballot harvesting read the nomination of Eric D. Miller, At the root of the North Carolina de- in California, the State’s Democratic of Washington, to be United States Cir- bacle is a practice that is known as secretary of state mocked their con- cuit Judge for the Ninth Circuit. ballot harvesting. Essentially, it is a cern by saying: ‘‘What they call Mr. MCCONNELL. Madam President, means by which campaign representa- strange and bizarre we call democ- I suggest the absence of a quorum. tives can collect absentee ballots on racy.’’ Now ballot harvesting has The PRESIDING OFFICER. The the premise of delivering them to a thrown out an election result in the clerk will call the roll. polling place or an election office. That U.S. House of Representatives—legal in The senior assistant legislative clerk is what ballot harvesting is. So think California, illegal in North Carolina. proceeded to call the roll. about it. Who in American politics Maybe that helps explain why, as it Mr. SCHUMER. Madam President, I keeps long lists of potential voters? stands, the Democrat Politician Pro- ask unanimous consent that the order Who mobilizes networks of people to go tection Act—Speaker PELOSI’s massive for the quorum call be rescinded. door-to-door? Who funds and stands up new Federal takeover of the way The PRESIDING OFFICER. Without to these kinds of canvassing organiza- States and communities run their elec- objection, it is so ordered. tions? Who does those things? tions—contains no effort whatsoever to RECOGNITION OF THE MINORITY LEADER I am sorry to say that there are not crack down on ballot harvesting. It is The PRESIDING OFFICER. The huge teams of politically neutral Eagle not in there. Instead, it contains provi- Democratic leader is recognized. Scouts who rove the country and hope sion after provision that would erode to use ballot harvesting to politely the protections that are supposed to DECLARATION OF NATIONAL EMERGENCY make voters’ lives more convenient. ensure votes reflect the voices of the Mr. SCHUMER. Madam President, This is not an Eagle Scout activity. voters whose names are on the enve- today, the House of Representatives The folks who really lick their lips at lopes. will take up a motion to terminate the the prospect of mass ballot harvesting It contains provision after provision state of emergency proclaimed by are political operatives, of course—po- that would erode the protections that President Trump. For many reasons, litical operatives, interest groups, and are supposed to ensure that votes re- the measure should pass with bipar- one-sided political machines. This is flect the voice of the voter whose name tisan support. why many jurisdictions, including in is on the envelope. First, Members of both parties know North Carolina, have outlawed the Provision after provision would erode there is no actual emergency at the practice altogether. I will say that commonsense protections and bring border. Nearly 60 former national secu- again. Many jurisdictions, including in the guardrails down. So would a seri- rity advisers—Democrat and Repub- North Carolina, have outlawed this ous reform bill aimed to take away lican, bipartisan—including former practice altogether. States’ abilities to impose meaningful Secretaries of State and Defense, have Ballot harvesting threatens to ID or signature requirements for vot- written a statement saying there is change the nature of our representa- ers. Would someone concerned about ‘‘no factual evidence of an emergency tive democracy. Forget about per- restoring democracy dismiss signature at the border.’’ The President himself suading people and spurring them to verification as an obstacle to be re- said, when announcing the state of turn out to the polls; this practice moved? I don’t think so. emergency, that he ‘‘didn’t need to do makes elections a kind of scavenger Perhaps these facts signal that this.’’ hunt to see which side’s operatives can Democrats see a political advantage in An emergency, by definition, is some- return to headquarters with the most eroding commonsense protections and thing you need to do. It is an emer- ballots in the trunks of their cars, and would rather keep that advantage than gency. In the President’s own words, once those operatives take ahold of make episodes like the North Carolina this is not a state of emergency. these ballots, the voters have no way mess less likely to happen in the fu- If we let Presidents, whomever they to keep tabs on whether they were ever ture. be—Democrat or Republican—willy- delivered. An example of real-live voter fraud is nilly, because they want to get some- Of course, a system that invites po- staring the country right in the face thing done, just declare an emergency litical operatives to be rewarded for right now in North Carolina. Yet when it is clear it has been a long-term

VerDate Sep 11 2014 00:26 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.002 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1449 condition, a long-term issue, this coun- democracy, President Trump. So it is stock market rally. Many investors, try is a different country. hard to imagine a more senseless and according to the Times, are selling off That leads to my second point. Mem- destructive use of emergency powers stock. Average investors are selling off bers of both parties should be con- than what the President has proposed. stock. Pensions, and mutual funds, cerned about the President diverting So let us, Democrats and Repub- nonprofits, endowments, private equity money away from military construc- licans, House and Senate, rise to the firms, and trusts are all, in the aggre- tion projects in their districts. occasion. This will be a moment in his- gate, selling stock. Again, the President doesn’t like you tory, a point where things may turn a So then why is it rallying? The laws for some reason. He says there is an bit. If Congress stands up, it will be a of supply and demand should say the emergency and takes money away from reaffirmation of our democracy. It will stock market should go down. The a project in your State that you have be a reaffirmation of the democracy Times reports that it is corporate self- worked hard for. That is no way to gov- the Founding Fathers wanted. If Con- investment buybacks. Companies are ern. gress stands up—Democrats and Repub- buying back their own stock at such a But at the top of the list is this: the licans—when the Founding Fathers rapid clip that they are propping up Founding Fathers looking down upon look down on this Chamber after the the market and, to a great degree, this Chamber and upon these United vote occurs, they will smile because themselves. It is another clear example States of America. They set up an ex- this is the democracy they wanted. of how the recent explosion of stock quisite balance of power. They were They did not want a democracy where buybacks in corporate America is dis- worried about an overreaching Execu- a President could simply declare an torting the market—artificially, some tive. They knew what King George was emergency on a whim and overrule would argue. all about. So they named the Congress, what Congress has done. Some Democratic Senators, and even the House and Senate, the article I—ar- So let us—Congress—first the House some Republican Senators, have begun ticle I, not II, III or IV—part of the and then the Senate, speak up with one to sound the alarm about the record- government. Second, they gave the bipartisan voice to remedy this injury breaking scale of corporate buybacks. Congress one of the greatest powers that President Trump is trying to do to Over the last decade, based on analysis any government has, which is the our constitutional order. of America’s largest corporations, 466 power of the purse. Whatever you think of the best way of S&P 500 companies, 92 cents out of When the President tries to take to secure our border, this is not the every dollar of corporate profit has these powers away, which clearly he is way for a President—any President—to gone to share buybacks or dividends. doing in this case—he called for an exercise his authority. This is not Some say, well, they have already, emergency when he couldn’t get his about whether you are for or against a before the profits, put money into their way in Congress, not because some new wall, and I, of course, am against it. It workers and into their communities. facts came on the scene—it is a change is about what America is all about, We are saying they should put some in the fundamental, necessary, and, whatever your view on the wall. more, for the good of the country. often, exquisite balance of power. GUNS Stock price, when so much of it is held I know many of my friends on the Madam President, on guns, the House up by buybacks, shouldn’t be the only other side of the aisle understand that. this week will take up a measure to indicia, the only measure, of how well In fact, true conservatism worries close the dangerous loopholes in the the country is doing, especially when about too much power being central- background check system used to cer- 85 percent of the stocks are owned by ized in any place because conservatism tify firearms. For years, Democrats the top 10 percent of Americans. exalts the freedom of the individual. have tried to address these loopholes— Most Americans would completely So to look the other way because the gun show, online, and private sales agree that there are more productive Donald Trump wants this—because he loopholes—only to be met with lock- ways for corporations to allocate their is almost sometimes in a temper tan- step resistance by a Republican Con- capital than this borderline obsession trum about this issue—is so short- gress beholden to the NRA. It is 90 per- with stock buybacks—the slavery to sighted and is so detrimental to the cent of Americans who favor strength- short-term rises in price to please in- long-term health, stability, and viabil- ening the background check system, vestors—while not doing much for ity, even, of how the balance of power not 51, not 52, 90—the majority of Re- workers or for communities. works. publicans, the majority of gun owners. I hope corporate America will wake So I implore my friends on the other Any way you slice it, Americans are up. Income inequality, along with cli- side of the aisle to contemplate what it strengthening background checks. mate change, to me, are the two great- might portend for our democracy to Americans believe felons, spousal abus- est problems America faces. We need allow this emergency declaration to ers, or those adjudicated mentally ill corporate America to propose some so- stand. What would stop any future should not have guns, but Congress is lutions because when they say let gov- President from claiming an emergency paralyzed because of the other side’s ernment do it, much of corporate every week and doing what they want- obeisance to the NRA—not even after America then opposes government ed—a total subversion of the balance of Newtown, not even after Charleston, doing anything for workers or for com- powers, a derogation of huge power to not even after Las Vegas, not even munities. the Executive, which has plenty of after Orlando, not after Parkland. Let’s take a careful look at this, and power already? On guns, the tide is turning. Make no let’s see what the right solutions are. The National Emergencies Act has mistake about it, a strong majority of The status quo is not acceptable. been used only once in its relatively the American people support these CLIMATE CHANGE short history, and that was to take ac- policies now. The NRA has been consid- Madam President, on climate change, tion after 9/11—clearly, an emergency. erably weakened. They did not do very for decades we have known climate Now President Trump is trying to bend well in the last elections. Finally, change is not only a major national the law to his will, not to address a there is a House in Congress that will challenge but an existential threat to military emergency, not to address any listen to the American people and take our planet and to our future. Despite real emergency. This has been an ongo- action on guns—thoughtful, moderate the gravity and scale of this challenge, ing issue. He would say ‘‘problem.’’ action on background checks. one political party in the United States That is OK, but he is doing it for per- With each measure that passes the has largely denied the problem even ex- sonal political gain, to accomplish House, the pressure will build on the ists, denied the overwhelming con- something Congress rejected and the Senate to take up these reasonable, sensus of the scientific community, American people oppose. commonsense gun safety measures, and and denied most attempts in Congress He has tried several times to get this I hope my colleagues will join us. to tackle climate change. wall. Congress has resisted. Congress BUYBACKS President Trump’s record on climate even resisted when Democrats didn’t On another matter, buybacks. This change is one of abject failure: denying have control of the House, and now morning, the New York Times reported science, systematically rolling back they do. Elections do matter. We are a on an interesting facet of the recent environmental protections that reduce

VerDate Sep 11 2014 00:26 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.003 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1450 CONGRESSIONAL RECORD — SENATE February 26, 2019 carbon emissions, and announcing I remind my colleagues, Congress to deny the right to life of living, withdrawal from the Paris climate ac- passed sanctions against the North Ko- breathing unborn babies, but we are cords—Luddite, ostrich-like, if there rean regime for its appalling record on not even talking about abortion here. ever were, actions that can be de- human rights. Congress would need to We are talking about withholding es- scribed that way. repeal that law for President Trump to sential care from babies who are born Recently, we heard of a new effort by give North Korea reliable sanctions re- alive. My Democratic colleagues can’t the Trump administration to once lief. even bring themselves to say this is again push back against efforts to ad- The North Koreans themselves wrong. dress climate change. You see, it was should realize many of us in Congress I would say to my Democratic col- probably embarrassing for President will not, will not, will not—no matter leagues, do you really want to be the Trump when his own administration what President Trump does, many of party of Governor Northam? Do you released the National Climate Assess- us in Congress will not remove this really want to be the party of infan- ment last year, as required by law, sanction relief until North Korea ticide? which outlined the severe and imme- denuclearizes, verifiably and irrevers- The American people don’t agree diate impacts of climate change. Ac- ibly. with the Democratic Party on abortion cording to reports, the White House Make no mistake about it, no matter and on infanticide. Most Americans be- now has plans to set up a fake panel of what President Trump does in Vietnam lieve that babies born alive after an cherry-picked scientists who question this week, this Chamber will have a abortion should be provided with med- the severity of climate change in order significant role to play if President ical care. Most Americans think there to counter the scientific consensus on Trump decides to reduce sanctions as should be at least some limits on abor- this terribly urgent problem, even part of any deal with North Korea. tion. In fact, most countries in the within the administration. This new I yield the floor. world think there should be some lim- The PRESIDING OFFICER. The ma- fake panel will reportedly be set up its on abortion. The United States is jority whip. under the National Security Council, just one of a tiny handful of countries not the EPA, not NOAA, or any of the S. 311 that allow elective abortion past 20 Agencies where real scientists work— Mr. THUNE. Madam President, last weeks of pregnancy. Among the others real climate scientists. night, for the second time in a month, on that list are China and North This is maybe the most conspicuous Democrats objected to a bill to ban in- Korea—not exactly the company we symptom of the disease of climate fanticide. want to be keeping when it comes to denialism that has infected the Repub- That statement to me is absolutely protecting human rights. lican Party and the hard right. This is chilling, but for the second time in a A recent poll found that 71 percent of beyond willful ignorance. This is the month, Democrats objected to a bill Americans oppose abortion after 20 intentional, deliberate sowing of that would do nothing more than state weeks of pregnancy. Yet the Demo- disinformation about climate science that a living, breathing baby born in cratic Party is aggressively embracing by our own government. This cannot an abortion clinic is entitled to the an agenda of zero restrictions on abor- stand. same protection and medical care as a This morning, I am announcing that living, breathing baby born in a hos- tion, ever, up to—and now, apparently, if the Trump administration moves for- pital is entitled to. after—the moment of birth. ward with this fake climate panel, we It is a pretty basic bill. It just says I hope last night is not the last time will be introducing legislation to that living, breathing, born human we vote on the Born-Alive Abortion defund it. I will be doing it, along with beings are entitled to protection even Survivors Protection Act. I hope my several of my colleagues. It is long past if they are born in an abortion clinic, Democratic colleagues have a chance time for President Trump and Repub- but apparently that is not something to recast their votes. I hope, next time, lican leaders to admit that climate Democrats are prepared to say. This is they will decide to vote against infan- change is real, that human activity where Democrats’ support for abor- ticide. I hope, next time, they can af- contributes to it, and Congress must tions has led them—to being unable to firm what should be a basic, take action to counter it. condemn infanticide. foundational principle, and that is that So far, Leader McConnell and our Re- Let’s remember why we voted on this every baby, wherever he or she is born, publicans, when we ask them, do you bill last night. We voted on this bill be- deserves to be protected. believe climate change is real? Silence. cause the Democratic Governor of Vir- I yield the floor. Do you believe humans cause it? Si- ginia implicitly endorsed infanticide— The PRESIDING OFFICER. The Sen- lence. Do you believe Congress has to because the Democratic Governor of ator from Illinois. act to deal with it? Silence. That will Virginia got up and said that you could Mr. DURBIN. Madam President, I lis- not stand, and they will not be able to keep a living, breathing baby com- tened to the statements of my col- maintain that position over a period of fortable while you decided what to do league from South Dakota. I would like time. with it. to make a suggestion. NORTH KOREA There is only one answer to what you Since the Republicans are in control Madam President, finally, on North do with a living, breathing baby, and of the U.S. Senate, since there is a Re- Korea—and I appreciate the indulgence that is to provide it with the care it publican chairman of the Senate Judi- of my friend from Illinois. There are a needs. A baby born alive in an abortion ciary Committee, I would suggest to lot of topics and a lot of things going clinic is no less valuable and deserving my colleague that perhaps we have a on today. of protection than a baby born in a de- hearing on this bill he just described. As the President continues negotia- livery room. You see, it came to the floor yesterday tions in Hanoi with the North Koreans, It is horrifying that we are actually without any hearing. And the reason I want to restate that his goal should having a debate about this. Honestly, why we need a hearing is that many of be complete, verifiable, and irrevers- it is horrifying that the Democratic us—many of us—voted for an infan- ible denuclearization of Korea. An Party can’t get up and say that infan- ticide law, which is currently on the agreement that includes significant ticide is wrong. My Democratic col- books—a law that says that a child U.S. sanctions relief in exchange for leagues like to talk about protecting needs to be protected and that those something short of that will be woe- the vulnerable, but how can they claim who don’t protect that child are sub- fully insufficient. It will make North to care about helping those in need if ject to criminal penalties, as they Korea stronger and the world more they harden their hearts toward the should be. dangerous, not safer. most vulnerable among us? If they are Now, if this is a different approach to To simply say to North Korea that willing to deny living, breathing babies it, doesn’t it at least merit a hearing we are going to let you continue to be basic medical care, do you really stand from the Republican majority before it nuclear in exchange for something for the vulnerable if you can’t stand up comes to the floor for a vote? There are else—a peace treaty or some words, a and say that infanticide is wrong? many questions I would like to ask of photo op—that is not protecting the se- It is terrible enough that we have so those who propose this. I want to un- curity of the United States. far betrayed our founding principles as derstand why the law that has been on

VerDate Sep 11 2014 00:26 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.004 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1451 the books now for 17 years, as I remem- and Clay that afternoon. I talked to the police department. Then, once the ber, is inadequate to the challenges it Clay’s mom for the longest time. She word got out that a policeman had faces. wanted to tell me his whole life story, been injured, hundreds of other police- I supported the infanticide law. I will hoping that she could preserve the men, firefighters, and other first re- continue to. If there are any changes memory of this wonderful young man sponders all came to the scene. that the Republicans want to make, is and what he meant to her. I was on the phone with the Aurora it too much to ask them to have a Russell Beyer is over here. I went to police chief, Kristen Ziman. Kristen hearing in their own committee, which his memorial service. He had been at put out a statement, which I com- they chair, on this subject matter? I Henry Pratt for more than 25 years. He mended her for. It was the most elo- hope they will take it seriously enough was a mold operator and was the father quent statement. It said many things, to do it. Critics have said this has of two grown children. He was also the but I want to repeat what it said. She nothing to do with changing the law. It chairman of the union at Henry Pratt. said: ‘‘Every time an officer was hit, is just a ‘‘gotcha’’ vote on the floor—an In a terrible twist of fate, Russell had another one went in. No one re- amendment which may be used against helped the gunman get his job back treated.’’ candidates in future elections. when the company first fired him 2 All told, five members of the Aurora When it comes to children, some- months earlier. Last Thursday would Police Department were injured by thing as serious as life and death have been Russell’s 48th birthday. In- gunfire: Officer Adam Miller, Officer should be taken much more seriously stead of a birthday party, his family Marco Gomez, Officer John Cebulski, by the Republican majority. and friends gathered that day at his Officer James Zegar, and Officer AURORA, ILLINOIS, WAREHOUSE SHOOTING wake. As I went into the funeral home Reynaldo Rivera. A sixth officer, Diego Madam President, today is February in Montgomery, IL, I was struck by Avila, suffered a knee injury. They and 26. Eleven days ago, on Friday, Feb- this fact. It turns out that the family hundreds of other police officers and ruary 15, an angry man with a history decided that since Russell was such a first responders who rushed to the of violence and a Smith & Wesson .40 passionate football fan, everybody scene are heroes. Simply put, they are caliber pistol opened fire on his co- should wear NFL jerseys. The room heroes. Their quick and courageous re- workers and police officers at a ware- was filled with members of his family sponse certainly saved other lives. house in Aurora, IL, about 40 miles remembering him and paying tribute Here is the cruel irony and tragedy from the city of Chicago. to him by wearing jerseys of all of the beyond the loss of life. The gunman In a matter of just a few minutes, different teams they supported. Russell should never have had a begun. In 1995, five of this man’s coworkers at the was a Patriots fan. He wore a Patriots this gunman pleaded guilty in the Henry Pratt Company were dead. He jersey in his casket on the day that State of Mississippi to charges that he then shot and wounded five police offi- would have been his 48th birthday. had beaten a former girlfriend with a cers who rushed to the scene. An hour Vicente Juarez was a stockroom at- baseball bat and stabbed her with a and a half later, he died in an exchange tendant and a forklift operator. He had knife. He was sentenced to 5 years in of gunfire with other policemen. been at Henry Pratt for 13 years, since prison. He served 3. The day before this horrible incident the year 2006. Mr. Juarez and his wife In January of 2014—19 years later—he marked the anniversary of two other of 38 years lived in a home in Oswego applied for an Illinois firearm owner’s mass shootings: the 1-year anniversary with their three grown children and identification card. He lied on that ap- of the Parkland, FL, shooting, which eight grandchildren—all under one plication. He said he had no felony killed 17 high school students and staff, roof. record, and he was given permission and the 11-year anniversary of a shoot- I will not forget that scene at the fu- under Illinois law to buy a firearm. He ing at Northern Illinois University neral home, either, because the family got away with that lie because the that left 5 students dead and 17 injured. had decided that everyone would wear State of Mississippi had failed to sub- The gunman in the Henry Pratt a T-shirt. It was a black T-shirt with a mit his conviction record to the FBI’s warehouse massacre had just been told color photograph of Vicente in front of criminal background check system. He that day that he was going to be fired. it and one of his favorite sayings on wasn’t in the computer as being dis- His response was not just anger. His re- the back of it. There they were—grand- qualified. sponse was to pull out a firearm and children, children, older folks—all In March 2014, this man bought a murder five of his coworkers. wearing those black T-shirts in honor handgun from a gun dealer in Aurora. I want you to meet the victims of and memory of this man. Two weeks later, he applied for a con- this man’s violence. This is Trevor I met his sister. His sister told me a cealed carry permit. This time he Wehner. Trevor was 21 years old. He story that Vicente was part of the fam- slipped up. He voluntarily submitted was on the dean’s list of Northern Illi- ily who immigrated to Illinois in 1972. his fingerprints in the hopes that his nois University’s business college. He There were five boys and five girls. concealed carry permit would be expe- was on track to graduate this May. They didn’t have any money. Their fa- dited. Those fingerprints finally ex- Why was he at the Henry Pratt ware- ther died 6 years after they immi- posed his felony record in Mississippi house on that day? It was because he grated. Yet they struggled and worked and his violent past. was on his first day of an internship at and stuck together as a family. That The Illinois State Police got word of the business. Trevor was so excited beautiful family—that beautiful fam- it, rejected his concealed carry applica- about this opportunity to work at this ily—had to shoulder this tragedy, tion, revoked his firearm owner’s iden- business and to see what it was like to where this gunman walked into that tification card, and sent him a letter actually be in the real world that he warehouse and killed Vicente. saying that he needed to surrender the showed up for his internship 45 minutes Josh Pinkard’s photograph is here. Smith & Wesson firearm, which he used early that day. It was earlier than he He was the plant manager. He joined to kill these five innocent people and should have. He was that excited. He Henry Pratt’s parent company 13 years to injure these policemen. Obviously, died at the workplace that day. ago at a facility in his native Alabama. he never surrendered the weapon. It This is Clayton Parks. He was known He and his wife had moved to Illinois was that same weapon that he used to as ‘‘Clay’’ to his family and friends. He with their three little kids last spring. kill these innocent people and to injure was the human resources manager at As he lay dying, Josh pulled out his these policemen. Henry Pratt. He was also an alumnus cell phone and texted his wife. His mes- Almost 7 years ago, a disturbed of Northern Illinois University. He had sage was this: ‘‘I love you. I’ve been young man opened fire in a movie the- been working at the Henry Pratt Com- shot at work.’’ He died shortly there- ater in a suburb of Denver, killing 12 pany for 4 months. He was 32 years old. after. Josh Pinkard was 37 years old. people and injuring 70 others. The He was married to his wife Abby and How did the police respond to this name of that suburb was Aurora—Au- had a beautiful little 9-month-old baby mass shooting? Every on-duty member rora, CO. boy, Axel. of the Aurora Police Department In a sad commentary on how fre- I met them at Northern Illinois Uni- rushed to the scene, where they were quent mass shootings have become in versity when we held a vigil for Trevor joined quickly by off-duty members of this great Nation, the police chief of

VerDate Sep 11 2014 00:26 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.006 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1452 CONGRESSIONAL RECORD — SENATE February 26, 2019 Aurora, CO, tweeted after the killings killed at a music festival. He drove to founding document—the U.S. Constitu- in Aurora, IL: ‘‘Months from now, as the First Baptist Church in Sutherland tion. people talk about the mass shooting in Springs, TX, after 26 worshipers were I know the President likes to com- Aurora, someone will ask, ‘‘Which Au- killed. He drove to Pittsburgh, PA, to municate in 280 characters or less, so I rora mass shooting are you talking honor the 11 worshipers killed at the will point him to a 77-character phrase about?’’ Tree of Life synagogue. he may want to review: ‘‘No Money Mass shootings have become too Even after all that tragedy, the mass shall be drawn from the Treasury, but common in America. They make the murder at Henry Pratt hit Greg Zanis in Consequence of Appropriations made news, but tens of thousands of Ameri- especially hard. You see, Greg Zanis’s by Law.’’ cans die every year from gun violence, hometown is Aurora, IL. Mr. Zanis told That is a short sentence, but our and many of those deaths are barely re- a reporter from the New York Times Founders knew what it meant. They ported or noted. They die in suicides that he could drive away from all of enshrined it in article I, section 9 of and gun accidents, alone or in small the other tragedies, but he said: ‘‘I am the Constitution, and they established groups, in domestic disturbances, in not going to be able to get away from that Congress—and Congress alone— gang disputes, and in crossfire. this one.’’ possesses the power of the purse. That I am honored to represent the city of To those who will say that the after- Congress has exclusive power over our Chicago, but my heart breaks to know math of a mass shooting is not the government’s spending priorities is one that last year more than 2,700 people time to talk about gun safety, I have of the most critical checks and bal- were injured or killed by gun violence one simple question: When is the right ances in our constitutional system. in that great city. time to talk about gun safety? If we The President can propose funding for Let’s face it, America is confronting are going to talk about it only on the whatever project he wants. He has the an epidemic of gun violence. We need days when no one dies in America be- absolute right to propose funding, but thoughts and prayers, but we need so cause of the use of guns, then, of it is the job of Congress to decide much more. We need action to do some- course, we will never talk about it. where to invest the American people’s thing. Will you wait until this killing comes hard-earned tax dollars. Do the lives of these policemen mean to your community, your church, your Let’s review the facts. For over 2 anything? Of course, they do. They kid’s school? Is that what it will take years, the President has repeatedly mean a great deal to their families, and before Members of the Senate and the tried and has repeatedly failed to con- they mean a great deal to this Nation. people across this Nation feel as Greg vince Congress that building his south- Do the lives of these victims who Zanis does, that you just can’t escape ern border wall is a good idea. He has died mean anything? I met the fami- this carnage anymore? I pray that is failed to get a deal with Mexico despite lies—four of them. They are heart- not the case. giving his word and promising his sup- broken, and their lives will never be We need to work together. Let’s porters more than 200 times that Mex- the same. start. Let’s do something sensible and We need action to close the deadly ico would pay for it. He promised that bipartisan in the name of gun safety to Mexico would pay for it while knowing, gaps in America’s gun background make our background check systems as check system. Much of the work needs of course, that Mexico would not pay a effective as they can be. cent for it. Then he failed to get a deal to take place at the State level. State Look at those faces. Eleven days ago, and local law enforcement agencies are with his own party even during the 2 they were alive, part of a family, years when the Republicans controlled investigating how this tragedy might loved—sons, fathers, grandfathers—and have been prevented and how to pre- the Presidency, the U.S. Senate, and now they are gone because one man the U.S. House of Representatives. He vent another violent felon from slip- who never should have owned a gun ping through the cracks in the system. also failed to get a deal after he forced took it to work in a fit of anger and the country into a 35-day government We also have a responsibility here. It killed these five men. It is time for this is not enough for a moment of silence. shutdown over the issue—a shutdown, Senate and this Congress to do some- incidentally, that cost our country at It is not enough for prayers to be of- thing. fered. We need to do more to keep guns least $11 billion, to say nothing of the I yield the floor. number of people whose lives were so out of the hands of people who should I suggest the absence of a quorum. not have them. The PRESIDING OFFICER. The disrupted that many either lost their This week, the House of Representa- clerk will call the roll. apartments, were unable to pay their tives will vote on a measure to close The senior assistant legislative clerk mortgages, were unable to pay their the gun show and internet loopholes in proceeded to call the roll. bills, or were unable to pay for the our background check system. These Mr. LEAHY. Mr. President, I ask medical care they needed. loopholes make a mockery of the law, unanimous consent that the order for Yet, in the face of all of these which says we want to make sure that the quorum call be rescinded. failings, he has decided to go it alone. no dangerous person buys a firearm or The PRESIDING OFFICER. Without He has decided to stretch his powers— keeps a firearm in America. It is criti- objection, it is so ordered. beyond all recognition—under the Na- cally important, and I support the Mr. LEAHY. Mr. President, what is tional Emergencies Act. There is no ra- House’s effort, but, sadly, I have to pre- the legislative situation? tional basis to justify the use of this dict that this measure will not even The PRESIDING OFFICER. The authority. So we should look at what a come up for a debate—let alone a pending question is on the Miller nomi- bipartisan group of Republicans and vote—in this Republican-controlled nation. Democrats wrote—a group of 58 former Senate. There is just no way that they Mr. LEAHY. I thank the Presiding senior national security officials who will consider any gun safety measure. Officer. had to help secure our country under After Columbine and nearly every I ask unanimous consent to speak as both Republican and Democratic Presi- mass shooting and natural disaster in morning business. dents. since, a carpenter who lives in Illinois The PRESIDING OFFICER. Without They wrote: ‘‘There is no factual has crafted wooden memorials to honor objection, it is so ordered. basis for the declaration of a national the fallen. DECLARATION OF NATIONAL EMERGENCY emergency’’ on the southwest border. His name is Greg Zanis, 68 years old. Mr. LEAHY. Mr. President, President I ask unanimous consent that the In 20 years, he has made and deliv- Trump declared a national emergency 2 Joint Declaration of Former United ered—listen to this—more than 26,274 weeks ago. He did this in order to build States Government Officials be printed handmade wooden crosses, Stars of a pet project of his. In the process, he in the RECORD. David, and crescent moons to commu- said it was his intent to siphon billions There being no objection, the mate- nities across this country. of dollars that Congress had appro- rial was ordered to be printed in the Greg drove to Sandy Hook, CT, after priated to help our men and women in RECORD, as follows: 26 first graders and educators were uniform. Now, I am not sure what law- JOINT DECLARATION OF FORMER UNITED murdered in their grade school. He yers he consulted, but those lawyers STATES GOVERNMENT OFFICIALS drove to Las Vegas after 58 people were seem to have overlooked our Nation’s We, the undersigned, declare as follows:

VerDate Sep 11 2014 01:40 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.007 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1453 1. We are former officials in the U.S. gov- o. Jen Easterly served as Special Assistant served as the Governor of Arizona from 2003 ernment who have worked on national secu- to the President and Senior Director for to 2009. rity and homeland security issues from the Counterterrorism from 2013 to 2016. ii. James D. Nealon served as Assistant White House as well as agencies across the p. Nancy Ely-Raphel served as Senior Ad- Secretary for International Engagement at Executive Branch. We have served in senior viser to the Secretary of State and Director the U.S. Department of Homeland Security leadership roles in administrations of both of the Office to Monitor and Combat Traf- from 2017 to 2018. He served as U.S. Ambas- major political parties, and collectively we ficking in Persons from 2001 to 2003. She pre- sador to Honduras from 2014 to 2017. have devoted a great many decades to pro- viously served as the U.S. Ambassador to jj. James C. O’Brien served as Special Pres- tecting the security interests of the United Slovenia from 1998 to 2001. idential Envoy for Hostage Affairs from 2015 States. We have held the highest security q. Daniel P. Erikson served as Special Ad- to 2017. He served in the U.S. Department of clearances, and we have participated in the visor for Western Hemisphere Affairs to the State from 1989 to 2001, including as Prin- highest levels of policy deliberations on a Vice President from 2015 to 2017, and as Sen- cipal Deputy Director of Policy Planning and broad range of issues. These include: immi- ior Advisor for Western Hemisphere Affairs as Special Presidential Envoy for the Bal- gration, border security, counterterrorism, at the U.S. Department of State from 2010 to kans. military operations, and our nation’s rela- 2015. kk. Matthew G. Olsen served as Director of tionship with other countries, including r. John D. Feeley served as U.S. Ambas- the National Counterterrorism Center from those south of our border. sador to Panama from 2015 to 2018. He served 2011 to 2014. a. Madeleine K. Albright served as Sec- as Principal Deputy Assistant Secretary for ll. Leon E. Panetta served as Secretary of retary of State from 1997 to 2001. A refugee Western Hemisphere Affairs at the U.S. De- Defense from 2011 to 2013. From 2009 to 2011, and naturalized American citizen, she served partment of State from 2012 to 2015. he served as Director of the Central Intel- as U.S. Permanent Representative to the s. Daniel F. Feldman served as Special ligence Agency. United Nations from 1993 to 1997. She has Representative for Afghanistan and Pakistan mm. Anne W. Patterson served as Assist- also been a member of the Central Intel- at the U.S. Department of State from 2014 to ant Secretary of State for Near Eastern Af- ligence Agency External Advisory Board 2015. fairs from 2013 to 2017. Previously, she served since 2009 and of the Defense Policy Board t. Jonathan Finer served as Chief of Staff as the U.S. Ambassador to Egypt from 2011 since 2011, in which capacities she has re- to the Secretary of State from 2015 to 2017, to 2013, to Pakistan from 2007 to 2010, to Co- ceived assessments of threats facing the and Director of the Policy Planning Staff at lombia from 2000 to 2003, and to El Salvador United States. the U.S. Department of State from 2016 to b. Jeremy B. Bash served as Chief of Staff from 1997 to 2000. 2017. nn. Thomas R. Pickering served as Under of the U.S. Department of Defense from 2011 u. Jendayi Frazer served as Assistant Sec- to 2013, and as Chief of Staff of the Central Secretary of State for Political Affairs from retary of State for African Affairs from 2005 1997 to 2000. He served as U.S. Permanent Intelligence Agency from 2009 to 2011. to 2009. She served as U.S. Ambassador to c. John B. Bellinger III served as the Legal Representative to the United Nations from South Africa from 2004 to 2005. 1989 to 1992. Adviser to the U.S. Department of State v. Suzy George served as Executive Sec- from 2005 to 2009. He previously served as oo. Amy Pope served as Deputy Homeland retary and Chief of Staff of the National Se- Security Advisor and Deputy Assistant to Senior Associate Counsel to the President curity Council from 2014 to 2017. and Legal Adviser to the National Security the President from 2015 to 2017. w. Phil Gordon served as Special Assistant pp. Samantha J. Power served as U.S. Per- Council from 2001 to 2005. to the President and White House Coordi- d. Daniel Benjamin served as Ambassador- manent Representative to the United Na- nator for the Middle East, North Africa and at-Large for Counterterrorism at the U.S. tions from 2013 to 2017. From 2009 to 2013, she the Gulf from 2013 to 2015, and Assistant Sec- Department of State from 2009 to 2012. served as Senior Director for Multilateral e. Antony Blinken served as Deputy Sec- retary of State for European and Eurasian and Human Rights at the National Security retary of State from 2015 to 2017. He pre- Affairs from 2009 to 2013. Council. x. Chuck Hagel served as Secretary of De- viously served as Deputy National Security qq. Jeffrey Prescott served as Deputy Na- fense from 2013 to 2015, and previously served Advisor to the President from 2013 to 2015. tional Security Advisor to the Vice Presi- as Co-Chair of the President’s Intelligence f. John 0. Brennan served as Director of the dent from 2013 to 2015, and as Special Assist- Advisory Board. From 1997 to 2009, he served Central Intelligence Agency from 2013 to ant to the President and Senior Director for as U.S. Senator for Nebraska, and as a senior 2017. He previously served as Deputy Na- Iran, Iraq, Syria and the Gulf States from member of the Senate Foreign Relations and tional Security Advisor for Homeland Secu- 2015 to 2017. rity and Counterterrorism and Assistant to Intelligence Committees. rr. Nicholas Rasmussen served as Director y. Avril D. Haines served as Deputy Na- the President from 2009 to 2013. of the National Counterterrorism Center tional Security Advisor to the President g. R. Nicholas Burns served as Under Sec- from 2014 to 2017. from 2015 to 2017. From 2013 to 2015, she retary of State for Political Affairs from 2005 ss. Alan Charles Raul served as Vice Chair- served as Deputy Director of the Central In- to 2008. He previously served as U.S. Ambas- man of the Privacy and Civil Liberties Over- sador to NATO and as U.S. Ambassador to telligence Agency. z. Luke Hartig served as Senior Director sight Board from 2006 to 2008. He previously Greece. served as General Counsel of the U.S. De- h. William J. Burns served as Deputy Sec- for Counterterrorism at the National Secu- rity Council from 2014 to 2016. partment of Agriculture from 1989 to 1993, retary of State from 2011 to 2014. He pre- General Counsel of the Office of Management viously served as Under Secretary of State aa. Heather A. Higginbottom served as Deputy Secretary of State for Management and Budget in the Executive Office of the for Political Affairs from 2008 to 2011, as U.S. President from 1988 to 1989, and Associate Ambassador to Russia from 2005 to 2008, as and Resources from 2013 to 2017. bb. Roberta Jacobson served as U.S. Am- Counsel to the President from 1986 to 1989. Assistant Secretary of State for Near East- tt. Dan Restrepo served as Special Assist- ern Affairs from 2001 to 2005, and as U.S. Am- bassador to Mexico from 2016 to 2018. She previously served as Assistant Secretary of ant to the President and Senior Director for bassador to Jordan from 1998 to 2001. Western Hemisphere Affairs at the National i. Johnnie Carson served as Assistant Sec- State for Western Hemisphere Affairs from Security Council from 2009 to 2012. retary of State for African Affairs from 2009 2011 to 2016. uu. Susan E. Rice served as U.S. Perma- to 2013. He previously served as the U.S. Am- cc. Gil Kerlikowske served as Commis- nent Representative to the United Nations bassador to Kenya from 1999 to 2003, to sioner of Customs and Border Protection from 2009 to 2013 and as National Security Zimbabwe from 1995 to 1997, and to Uganda from 2014 to 2017. He previously served as Di- Advisor to the President from 2013 to 2017. from 1991 to 1994. rector of the Office of National Drug Control j. James Clapper served as U.S. Director of Policy from 2009 to 2014. vv. Anne C. Richard served as Assistant National Intelligence from 2010 to 2017. dd. John F. Kerry served as Secretary of Secretary of State for Population, Refugees, k. David S. Cohen served as Under Sec- State from 2013 to 2017. and Migration from 2012 to 2017. retary of the Treasury for Terrorism and Fi- ee. Prem Kumar served as Senior Director ww. Eric P. Schwartz served as Assistant nancial Intelligence from 2011 to 2015 and as for the Middle East and North Africa at the Secretary of State for Population, Refugees, Deputy Director of the Central Intelligence National Security Council from 2013 to 2015. and Migration from 2009 to 2011. From 1993 to Agency from 2015 to 2017. ff. John E. McLaughlin served as Deputy 2001, he was responsible for refugee and hu- l. Eliot A. Cohen served as Counselor of the Director of the Central Intelligence Agency manitarian issues at the National Security U.S. Department of State from 2007 to 2009. from 2000 to 2004 and as Acting Director in Council, ultimately serving as Special As- m. Ryan Crocker served as U.S. Ambas- 2004. His duties included briefing President- sistant to the President for National Secu- sador to Afghanistan from 2011 to 2012, as elect Bill Clinton and President George W. rity Affairs and Senior Director for Multilat- U.S. Ambassador to Iraq from 2007 to 2009, as Bush. eral and Humanitarian Affairs. U.S. Ambassador to Pakistan from 2004 to gg. Lisa O. Monaco served as Assistant to xx. Andrew J. Shapiro served as Assistant 2007, as U.S. Ambassador to Syria from 1998 the President for Homeland Security and Secretary of State for Political-Military Af- to 2001, as U.S. Ambassador to Kuwait from Counterterrorism and Deputy National Secu- fairs from 2009 to 2013. 1994 to 1997, and U.S. Ambassador to Lebanon rity Advisor from 2013 to 2017. Previously, yy. Wendy R. Sherman served as Under from 1990 to 1993. she served as Assistant Attorney General for Secretary of State for Political Affairs from n. Thomas Donilon served as National Se- National Security from 2011 to 2013. 2011 to 2015. curity Advisor to the President from 2010 to hh. Janet Napolitano served as Secretary zz. Vikram Singh served as Deputy Special 2013. of Homeland Security from 2009 to 2013. She Representative for Afghanistan and Pakistan

VerDate Sep 11 2014 00:26 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.001 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1454 CONGRESSIONAL RECORD — SENATE February 26, 2019 from 2010 to 2011 and as Deputy Assistant be the smallest number of undocumented im- gency declaration. But there is no evidence Secretary of Defense for Southeast Asia from migrants since 2004. And in fact, in recent of any such sudden crisis at the southern 2012 to 2014. years, the majority of currently undocu- border that necessitates a reprogramming of aaa. Dana Shell Smith served as U.S. Am- mented immigrants entered the United appropriations to build a border wall. bassador to Qatar from 2014 to 2017. Pre- States legally, but overstayed their visas, a a. The overwhelming majority of opioids viously, she served as Principal Deputy As- problem that will not be addressed by the that enter the United States across a land sistant Secretary of Public Affairs. declaration of an emergency along the south- border are carried through legal ports of bbb. Jeffrey H. Smith served as General ern border. entry in personal or commercial vehicles, Counsel of the Central Intelligence Agency 4. There is no documented terrorist or na- not smuggled through unauthorized border from 1995 to 1996. He previously served as tional security emergency at the southern bor- crossings. A border wall would not stop these General Counsel of the Senate Armed Serv- der. There is no reason to believe that there drugs from entering the United States. Nor ices Committee. is a terrorist or national security emergency would a wall stop drugs from entering via ccc. Jake Sullivan served as National Se- at the southern border that could justify the other routes, including smuggling tunnels, curity Advisor to the Vice President from President’s proclamation. which circumvent such physical barriers as 2013 to 2014. He previously served as Director a. This administration’s own most recent fences and walls, and international mail of Policy Planning at the U.S. Department of Country Report on Terrorism, released only (which is how high-purity fentanyl, for ex- State from 2011 to 2013. five months ago, found that ‘‘there was no ample, is usually shipped from China di- ddd. Strobe Talbott served as Deputy Sec- credible evidence indicating that inter- rectly to the United States). retary of State from 1994 to 2001. national terrorist groups have established b. Likewise, illegal crossings at the south- eee. Linda Thomas-Greenfield served as bases in Mexico, worked with Mexican drug ern border are not the principal source of Assistant Secretary for the Bureau of Afri- cartels, or sent operatives via Mexico into human trafficking victims. About two-thirds can Affairs from 2013 to 2017. She previously the United States.’’ Since 1975, there has of human trafficking victims served by non- served as U.S. Ambassador to Liberia and been only one reported incident in which im- profit organizations that receive funding Deputy Assistant Secretary for the Bureau migrants who had crossed the southern bor- from the relevant Department of Justice of- of Population, Refugees, and Migration from der illegally attempted to commit a terrorist fice are U.S. citizens, and even among non- 2004 to 2006. act. That incident occurred more than citizens, most trafficking victims usually ar- fff. Arturo A. Valenzuela served as Assist- twelve years ago, and involved three broth- rive in the country on valid visas. None of ant Secretary of State for Western Hemi- ers from Macedonia who had been brought these instances of trafficking could be ad- sphere Affairs from 2009 to 2011. He pre- into the United States as children more than dressed by a border wall. And the three viously served as Special Assistant to the twenty years earlier. states with the highest per capita trafficking President and Senior Director for Inter- b. Although the White House has claimed, reporting rates are not even located along American Affairs at the National Security as an argument favoring a wall at the south- the southern border. Council from 1999 to 2000, and as Deputy As- ern border, that almost 4,000 known or sus- 7. This proclamation will only exacerbate the sistant Secretary of State for Mexican Af- pected terrorists were intercepted at the humanitarian concerns that do exist at the fairs from 1994 to 1996. southern border in a single year, this asser- southern border. There are real humanitarian 2. On February 15, 2019, the President de- tion has since been widely and consistently concerns at the border, but they largely re- clared a ‘‘national emergency’’ for the pur- repudiated, including by this administra- sult from the current administration’s own pose of diverting appropriated funds from tion’s own Department of Homeland Secu- deliberate policies towards migrants. For ex- previously designated uses to build a wall rity. The overwhelming majority of individ- ample, the administration has used a ‘‘me- along the southern border. We are aware of uals on terrorism watchlists who were inter- tering’’ policy to turn away families fleeing extreme violence and persecution in their no emergency that remotely justifies such a cepted by U.S. Customs and Border Patrol home countries, forcing them to wait indefi- step. The President’s actions are at odds were attempting to travel to the United nitely at the border to present their asylum with the overwhelming evidence in the pub- States by air; of the individuals on the ter- cases, and has adopted a number of other pu- lic record, including the administration’s rorist watchlist who were encountered while nitive steps to restrict those seeking asylum own data and estimates. We have lived and entering the United States during fiscal year at the southern border. These actions have worked through national emergencies, and 2017, only 13 percent traveled by land. And forced asylum-seekers to live on the streets we support the President’s power to mobilize for those who have attempted to enter by or in makeshift shelters and tent cities with the Executive Branch to respond quickly in land, only a small fraction do so at the abysmal living conditions, and limited ac- genuine national emergencies. But under no southern border. Between October 2017 and cess to basic sanitation has caused outbreaks March 2018, forty-one foreign immigrants on plausible assessment of the evidence is there of disease and death. This state of affairs is the terrorist watchlist were intercepted at a national emergency today that entitles the a consequence of choices this administration the northern border. Only six such immi- President to tap into funds appropriated for has made, and erecting a wall will do noth- grants were intercepted at the southern bor- other purposes to build a wall at the south- ing to ease the suffering of these people. ern border. To our knowledge, the Presi- der.’’ 8. Redirecting funds for the claimed ‘‘national 5. There is no emergency related to violent dent’s assertion of a national emergency emergency’’ will undermine U.S. national secu- crime at the southern border. Nor can the ad- here is unprecedented, in that he seeks to ad- rity and foreign policy interests. In the face of ministration justify its actions on the dress a situation: a nonexistent threat, redirecting funds for grounds that the incidence of violent crime (1) that has been enduring, rather than one the construction of a wall along the southern on the southern border constitutes a na- that has arisen suddenly; border will undermine national security by (2) that in fact has improved over time tional emergency. Factual evidence consist- needlessly pulling resources from Depart- rather than deteriorated; ently shows that unauthorized immigrants ment of Defense programs that are respon- (3) by reprogramming billions of dollars in have no special proclivity to engage in sible for keeping our troops and our country funds in the face of clear congressional in- criminal or violent behavior. According to a safe and running effectively. tent to the contrary; and Cato Institute analysis of criminological a. Repurposing funds from the defense con- (4) with assertions that are rebutted not data, undocumented immigrants are 44 per- struction budget will drain money from crit- just by the public record, but by his agen- cent less likely to be incarcerated nationwide ical defense infrastructure projects, possibly cies’ own official data, documents, and state- than are native-born citizens. And in Texas, including improvement of military hospitals, ments. undocumented immigrants were found to construction of roads, and renovation of on- 3. Illegal border crossings are near forty-year have a first-time conviction rate 32 percent base housing. And the proclamation will lows. At the outset, there is no evidence of a below that of native-born Americans; the likely continue to divert those armed forces sudden or emergency increase in the number conviction rates of unauthorized immigrants already deployed at the southern border of people seeking to cross the southern bor- for violent crimes such as homicide and sex from their usual training activities or mis- der. According to the administration’s own offenses were also below those of native-born sions, affecting troop readiness. data, the numbers of apprehensions and un- Americans. Meanwhile, overall rates of vio- b. In addition, the administration’s unilat- detected illegal border crossings at the lent crime in the United States have de- eral, provocative actions are heightening southern border are near forty-year lows. Al- clined significantly over the past 25 years, tensions with our neighbors to the south, at though there was a modest increase in appre- falling 49 percent from 1993 to 2017. And vio- a moment when we need their help to ad- hensions in 2018, that figure is in keeping lent crime rates in the country’s 30 largest dress a range of Western Hemisphere con- with the number of apprehensions only two cities have decreased on average by 2.7 per- cerns. These actions are placing friendly years earlier, and the overall trend indicates cent in 2018 alone, further undermining any governments to the south under impossible a dramatic decline over the last fifteen years suggestion that recent crime trends cur- pressures and driving partners away. They in particular. The administration also esti- rently warrant the declaration of a national have especially strained our diplomatic rela- mates that ‘‘undetected unlawful entries’’ at emergency. tionship with Mexico, a relationship that is the southern border ‘‘fell from approxi- 6. There is no human or drug trafficking emer- vital to regional efforts ranging from critical mately 851,000 to nearly 62,000’’ between fis- gency that can be addressed by a wall at the intelligence and law enforcement partner- cal years 2006 to 2016, the most recent years southern border. The administration has ships to cooperative efforts to address the for which data are available. The United claimed that the presence of human and drug growing tensions with Venezuela. Addition- States currently hosts what is estimated to trafficking at the border justifies its emer- ally, the proclamation could well lead to the

VerDate Sep 11 2014 00:26 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.002 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1455 degradation of the natural environment in a tions that in our experience are necessary that is meant for military housing and manner that could only contribute to long- and expected before taking a decision of this military base improvements to pay for term socioeconomic and security challenges. magnitude. his wall. This is at a time when studies c. Finally, by declaring a national emer- 11. For all of the foregoing reasons, in our gency for domestic political reasons with no are coming out that show how our men professional opinion, there is no factual basis and women in the military are being compelling reason or justification from his for the declaration of a national emergency senior intelligence and law enforcement offi- for the purpose of circumventing the appro- housed in inferior or dangerous condi- cials, the President has further eroded his priations process and reprogramming bil- tions. Sometimes the buildings have credibility with foreign leaders, both friend lions of dollars in funding to construct a wall mold and decay, and it affects their and foe. Should a genuine foreign crisis at the southern border, as directed by the health. The buildings are rat invested erupt, this lack of credibility will materially Presidential Proclamation of February 15, and roach infested, but the President weaken this administration’s ability to mar- 2019. wants to take the money away from shal allies to support the United States, and Respectfully submitted, them to build a wall that we do not will embolden adversaries to oppose us. Signed, 9. The situation at the border does not require need. The President has repeatedly de- Madeleine K. Albright, Jeremy B. Bash, cried the amount of drugs coming the use of the armed forces, and a wall is unnec- John B. Bellinger III, Daniel Benjamin, essary to support the use of the armed forces. Antony Blinken, John O. Brennan, R. Nich- across our border. But now he wants to We understand that the administration is olas Burns, William J. Burns, Johnnie Car- raid money that Congress has appro- also claiming that the situation at the son, James Clapper. priated for proven drug programs and southern border ‘‘requires use of the armed David S. Cohen, Eliot A. Cohen, Ryan counter-drug programs to pay for his forces,’’ and that a wall is ‘‘necessary to sup- Crocker, Thomas Donilon, Jen Easterly, wall. port such use’’ of the armed forces. These Nancy Ely-Raphel, Daniel P. Erikson, John Let me repeat that. In order to build claims are implausible. D. Feeley, Daniel F. Feldman, Jonathan a. Historically, our country has deployed a wall that would do very little to stop Finer. National Guard troops at the border solely drugs from coming across our border, Jendayi Frazer, Suzy George, Phil Gordon, to assist the Border Patrol when there was President Trump wants to take money Chuck Hagel, Avril D. Haines, Luke Hartig, an extremely high number of apprehensions, away from law enforcement programs Heather A. Higginbottom, Roberta Jacobson, together with a particularly low number of Gil Kerlikowske, John F. Kerry. that actually prevent drugs from com- Border Patrol agents. But currently, even Prem Kumar, John E. McLaughlin, Lisa O. ing across our border or from programs with retention and recruitment challenges, Monaco, Janet Napolitano, James D. Nealon, that enhance military readiness. I wish the Border Patrol is at historically high James C. O’Brien, Matthew G. Olsen, Leon E. I were making this up. It sounds like staffing and funding levels, and apprehen- Panetta, Anne W. Patterson, Thomas R. something you hear on a comedy pro- sions—measured in both absolute and per- Pickering. agent terms—are near historic lows. gram, but it is not comedy, it is re- Amy Pope, Samantha J. Power, Jeffrey b. Furthermore, the composition of south- ality, and I have to ask, what is going Prescott, Nicholas Rasmussen, Alan Charles ern border crossings has shifted such that on? Raul, Dan Restrepo, Susan E. Rice, Anne C. families and unaccompanied minors now ac- In the days and weeks ahead, the Richard, Eric P. Schwartz, Andrew J. Sha- count for the majority of immigrants seek- President’s emergency declaration— piro. ing entry at the southern border; these indi- Wendy R. Sherman, Vikram Singh, Dana which amounts to an end run around viduals do not present a threat that would Shell Smith, Jeffrey H. Smith, Jake Sul- both the Constitution and Congress—is need to be countered with military force. going to be challenged, and it should c. Just last month, when asked what the livan, Strobe Talbott, Linda Thomas-Green- military is doing at the border that couldn’t field, Arturo A. Valenzuela. be. Over the past 2 years, we have seen be done by the Department of Homeland Se- Mr. LEAHY. Mr. President, the re- the erosion of our institutional checks curity if it had the funding for it, a top-level ality, of course, is that apprehensions and balances in the face of creeping defense official responded, ‘‘[n] one of the ca- at the southwest border have dropped authoritarianism. The time has come pabilities that we are providing [at the 75 percent since 2000. The reality is for Congress and members of the Presi- southern border] are combat capabilities. It’s that many of the southern border com- dent’s own party to take a stand. Are not a war zone along the border.’’ Finally, it munities have violent crime rates that we a democracy, or are we an authori- is implausible that hundreds of miles of wall tarian government? It is a pretty basic across the southern border are somehow nec- are lower than our national average. The reality is that the vast majority of question. essary to support the use of armed forces. We I have been here with every President are aware of no military- or security-related the drugs that are apprehended at the since President Gerald Ford. They rationale that could remotely justify such an border are seized at the ports of entry, upheld the Constitution, Republicans endeavor. and a wall would do nothing to stop and Democrats, and they believed in 10. There is no basis for circumventing the ap- this. The President is either out of propriations process with a declaration of a na- the separation of power. All of them touch with reality, willfully ignoring tional emergency at the southern border. We do did. We simply cannot afford to now re- it, or not even reading the material he not deny that our nation faces real immigra- main silent in the face of such an un- tion and national security challenges. But as gets from his administration. precedented violation of the separation the foregoing demonstrates, these challenges Presidents do have emergency pow- of powers. demand a thoughtful, evidence-based strat- ers, but they should be invoked only in It is interesting. As I sit here, I re- egy, not a manufactured crisis that rests on true times of crises. It is an abuse of falsehoods and fearmongering. In a briefing member some of my Republican power to invoke these authorities sim- friends—and they are my friends—when before the Senate Intelligence Committee on ply as a political step to energize a January 29, 2019, less than one month before President Obama was President. They the Presidential Proclamation, the Directors President’s base. It is an abuse of shouted from every rooftop about the of the CIA, DNI, FBI, and NSA testified power to invoke these authorities to lurches of an imperial Presidency. In about numerous serious current threats to fulfill a cynical campaign promise he every Executive order, they saw a U.S. national security, but none of the offi- never should have made. The President threat to Congress’s power. In every cials identified a security crisis at the U.S.- knew he would never keep his word or speech, they surmised the machina- Mexico border. In a briefing before the House the promise he had made that Mexico tions of a lawless strong man—a man Armed Services Committee the next day, would pay for this border wall. Donald Trump claimed wasn’t born in Pentagon officials acknowledged that the When Congress enacted the National 2018 National Defense Strategy does not the United States. Now, when they are identify the southern border as a security Emergencies Act of 1976 to convey faced with a President who is literally threat. Leading legislators with access to these powers to the President, it as- using his Executive powers to fund classified information the President’s own sumed whoever sat in the Oval Office what Congress specifically would not, statements have strongly suggested, if not would have enough respect for the of- my Republican friends should echo the confirmed, that there is no evidence sup- fice and the power being conveyed not same concerns. porting the administration’s claims of an to abuse it. President Trump has failed I am glad that some in the Repub- emergency. And it is reported that the Presi- that test. Since 1976, Presidents of the lican Party have begun expressing dent made the decision to circumvent the ap- United States—Republicans and Demo- propriations process and reprogram money their reservations about President without the Acting Secretary of Defense crats alike—have upheld and passed Trump’s national emergency declara- having even started to consider where the the test. President Trump has failed tion. Certainly a number of Repub- funds might come from, suggesting an ab- the test. Look what he wants to do. licans who serve in national security sence of consultation and internal delibera- The President wants to raid money positions who signed on to the material

VerDate Sep 11 2014 01:40 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.003 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1456 CONGRESSIONAL RECORD — SENATE February 26, 2019 I have put in the RECORD did. But fleet- We know what despots are like. We ture on the motion to proceed to S. 311, ing comments to reporters in the hall- see them around the world. We see the Born-Alive Abortion Survivors Pro- way are meaningless unless they are them in South America today, in one tection Act. On vote No. 27, had I been willing to follow up their words with country in particular. We see them in present, I would have been a yea vote their votes. North Korea, where the despot had his on the motion to invoke cloture. Today, the House will vote to dis- uncle executed, his own brother mur- Let me say that a little differently. approve the President’s declaration. I dered, and thousands of people are im- As I sat, waiting for my plane to leave believe that joint resolution of dis- prisoned, starved, and dying. A despot Charleston, SC, to come to the Na- approval will pass the House. In short who continues to build nuclear weap- tion’s Capital—a trip that typically order, the Senate will have to vote on ons to keep himself in power even as takes about 63 minutes—3 hours later, it. That is going to be the true test. his people die of starvation. In a de- I had not yet arrived in Washington, That will be the metric history uses to mocracy, that doesn’t happen. We have DC. determine whether Republicans are checks and balances for a reason. On a vote that, to me, should not be willing to put our country, our Con- I am going to vote aye on this joint a vote at all—this should be common stitution, and Congress itself over resolution of disapproval. I urge all sense, but it certainly was not common party. Senators to do the same. Have checks sense, so we had to have a vote on an While the President’s emergency dec- and balances. issue that is very near and dear to my laration stumbles its way through the I remind the President to treat emer- heart. courts, I hope my Republican friends gency declarations the same way they I will say without any question that take a moment to take stock of where have been treated since 1976, the way— the frustration I felt at being late to we are. President Trump will be just a certainly in my experience—Presidents that vote was one that was incredibly blip in our Nation’s history. But for the Ford, Carter, Reagan, both Bushes, irritating and infuriating. I had sake of appeasing a man who hundreds Clinton, and Obama did. That pre- planned to be on the floor of the Senate of times made a foolish campaign served democracy. Was it frustrating voting yes on a commonsense piece of promise, never grounded in reality, will to each of them at times? Of course it legislation, the Born-Alive Abortion they forever change the course of the was. I remember long discussions with Survivors Protection Act, but was un- separation of powers in our country? President Ford, President Carter, able to make it because a 1-hour flight For the sake of appeasing a President President Reagan, President George H. took more than 3 hours, and I arrived who detests any limits or checks on his W. Bush, President George W. Bush, here about 4 minutes after the close of authority, will they forever diminish President Clinton, and President the vote, which also is quite frus- the role of Congress as a coequal Obama. They would say: We want to do trating. branch of government? We are the this. A number of us had to say: You But what is even more frustrating longest surviving democracy on Earth don’t have the authority to do that. than that is that in a nation of good today because there are checks and And they realized that. conscience, we would be debating and balances. It is not the person who holds the of- having a conversation about a child I am reminded of words of caution fice. It is not the Presiding Officer. It who is born, sitting there, alive, sepa- written by George Washington, our is not me. It is not the other 98 Mem- rated from her mother, that there Founding Father and our Nation’s first bers of this body. It is not the Presi- would be a question of whether that President, in his Farewell Address. The dent of the United States. It is not the child should be able to continue to live. words are as true today, and we read Members of the House. It is not the This is an issue that has been raised this Farewell Address every year on members of the courts. What rules this by people coming out of New York and the floor of the Senate. Here is what country is our Constitution. We are a more recently by people coming out of President Washington wrote over 223 democracy. We must keep it as a de- Virginia and by the Governor—who years ago: mocracy. Look what happens in those happens to be, from my understanding, It is important, likewise, that the habits of countries where they ignore democracy a pediatric surgeon—who suggested it thinking in a free Country should inspire and have despots. In Venezuela, people is OK to allow that child to die. caution in those entrusted with its adminis- are going without food and medicine. Whether you are pro-life, as I am, or tration, to confine themselves within their pro-choice, as others, I cannot imagine respective Constitutional spheres; avoiding In the Philippines, where there is a des- in the exercise of the Powers of one depart- pot, there have been murders of people that this would even be an issue of de- ment to encroach upon another. The spirit of who are just under suspicion, encour- bate or discussion between the two encroachment tends to consolidate the pow- aged by him. We have seen the deaths sides. There is no side on this topic. ers of all the departments in one, and thus to of thousands of people in North Korea There cannot be a side about life sepa- create whatever the form of government, a because of a despot who does not care rated from the mother and whether real despotism. . . . If in the opinion of the and has no sense of morality. that life should continue to live. This People, the distribution or modification of America is so much better. Follow is common sense. This is human de- the Constitutional powers be in any par- cency. This is not an issue of being pro- ticular wrong, let it be corrected by an our Constitution. Obey our Constitu- amendment in the way which the Constitu- tion. Realize there are checks and bal- life or pro-choice. This is being pro- tion designates. But let there be no change ances. Have both Republicans and child, which we all should be. by usurpation; for though this, in one in- Democrats stand up and join. Remem- So I find myself at a loss for words, stance, may be the instrument of good, it is ber what George Washington said. It standing on the floor of the U.S. Sen- the customary weapon by which free govern- was good advice back then; it is good ate—where a vote yesterday failed by ments are destroyed. advice today. several votes—having to discuss what That is what George Washington I yield the floor. doesn’t make sense. said. He warned us against despots. Re- I suggest the absence of a quorum. I have recently spoken to a group in member, this was a man who could The PRESIDING OFFICER. The Charleston, SC, during Black History have remained President for life, and clerk will call the roll. Month, where the GOP and African he voluntarily stepped down after a The bill clerk proceeded to call the Americans were in the same room hav- second term. He was a man who did roll. ing a great conversation about the that because he wanted democracy to Mr. SCOTT of South Carolina. Mr. issues that are important to our Na- thrive. President, I ask unanimous consent tion. We talked about so many of the He spoke of the three coequal that the order for the quorum call be powerful issues of economic oppor- branches of government—the execu- rescinded. tunity and opportunity zones. There tive, the legislative, and the judici- The PRESIDING OFFICER. Without may have been some disagreement on ary—and he was reminding us that if objection, it is so ordered. whether we should have higher taxes or you let one encroach upon the other, S. 311 lower taxes, but there was no disagree- you start down the path of despotism. Mr. SCOTT of South Carolina. Mr. ment on the issue of infanticide. There We don’t need that in this country, es- President, I was necessarily absent was no disagreement whatsoever. In pecially in this age. We don’t. from yesterday evening’s vote on clo- the room, whether you were to the left

VerDate Sep 11 2014 00:27 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.011 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1457 or to the right, there was one thing by at least one Senator from the nomi- data to do their job more safely and ef- that was common, and that was the nee’s State, and to this day no circuit fectively. The combination of real-time value of life. court judge has ever been confirmed mapping and GPS locaters has been re- I traveled to Little Rock, AR, this despite opposition from their home ferred to by the industry as the ‘‘Holy weekend to speak at another Black State Senators. All that would change Grail of Wildland Firefighter Safety.’’ History Month event, where Repub- if Mr. Miller is confirmed. Last month’s report on the dev- licans and Democrats were coming to- His confirmation hearing was held astating Mendocino Complex fire shows gether at the Governor’s Mansion to during a recess last Congress, when the why this is the case. According to this have a conversation about moving this vast majority of Senators were back in report, one of the challenges frontline Nation forward and about reconcili- their States. In fact, only two Members firefighters had to face was the fact ation. In the room, we had conversa- of the U.S. Senate were present at the that they weren’t sure exactly where tions about the tragedies in Virginia, hearing, and neither one of them were the fire was. The safety officers didn’t from the blackface tragedy to the Democrats. Mr. Miller was questioned always know where the firefighters are. issues with the three ranking members for less than 5 minutes—5 minutes— In one case, no one knew where six en- in the Commonwealth of Virginia. and when the Judiciary Committee trapped firefighters were. The result When I started talking about the value Democrats requested another hearing, was that all six suffered injuries be- of human life, the intrinsic value of that request was rejected. cause it took quite a while to locate each human being, there was 100 per- Confirming Mr. Miller without a full and rescue them. cent support that we are a nation that vetting by both Democrats and Repub- Under this legislation that will be should always value the life of a born- licans is the wrong way to proceed on a voted on by the House today, we will alive child. There was not a single dis- lifetime appointment. Moreover, con- have more drones orbiting high over sent in a room of nearly 400 people. firming Mr. Miller without approval the fires, constantly updating fire To have to have a debate on the floor from Senator MURRAY and I would set maps and doing it more than just once of the Senate about something that a damaging precedent. a day, which has been the standard every American with whom I have spo- I do have concerns about Eric Mil- until now. These drones employ infra- ken, in airports or at events, agrees ler’s record. He has spent much of his red cameras that can penetrate there is nothing to debate, frustrates career fighting against the interests of through thick smoke and better iden- me. So while I am saddened and frus- Tribal governments and Tribal sov- tify hotspots. Air tankers will be able trated, I have been encouraged by my ereignty. He has argued cases opposing to more accurately drop their fuel fellow Americans—from Arkansas to Tribal fishing rights, challenging Trib- retardants, and we can tell firefighters South Carolina, to Tennessee—who al sovereignty, and fighting against the on the frontlines how to steer away have all come to the same conclusion, protection of Native American reli- from areas that are just too dangerous and that is that a born-alive child de- gious and traditional practices, so it is to tackle. serves to live. no surprise that organizations rep- When I heard the stories of brave We may disagree on other points, but resenting all 573 Tribal nations around firefighters who battled fire that raged this is a place where there is universal the United States, including the Na- in many parts of my State, I knew we agreement with the folks I have spoken tional Congress of American Indians, needed to do more to protect these un- to. These are folks who don’t vote for oppose Mr. Miller’s confirmation. believable heroes. Whether it is in Republicans or Democrats; they all I urge my colleagues to stop this Eastern Washington or Central Wash- vote for children. They all vote for life. process and oppose Mr. Miller’s con- ington—in the Okanagon and We are a nation that must continue firmation to the Ninth Circuit Court of Wenatchee forests or around Spokane— to value life. For some reason, some- Appeals. we have to do more to help those com- how, this body missed that opportunity S. 47 munities and firefighters who are put- to reinforce that value system before Mr. President, I also want to com- ting themselves on the line for us. the American public, to say to each ment on upcoming action in the House, This legislation also allows the For- child born: No matter your State, no where they are scheduled to take up S. est Service to access NASA’s mapping matter your challenges, you have in- 47, the Murkowski-Cantwell lands technology to help prevent mudslides trinsic value. package later this afternoon, which re- that are all too common after these I yield the floor. ceived 92 votes in the Senate earlier horrific fires. We all know erosion can The PRESIDING OFFICER (Mr. this month. happen shortly after the devastation of CRUZ). The Senator from Washington. It is my hope that the House will ap- vegetation, and that creates more dam- NOMINATION OF ERIC D. MILLER prove this bill with the same over- age in the community. The fact that Ms. CANTWELL. Mr. President, I whelming that it received in the Sen- we will be getting NASA access, we rise in opposition to a nomination we ate, and send this legislation quickly will then be able to come up with strat- are going to be vote on very soon—the to President Trump’s desk. egies to prevent erosion, cutting the confirmation of Eric Miller to serve on I want to take a moment to empha- time significantly from where it is the U.S. Court of Appeals for the Ninth size four important provisions of this today. Circuit. legislation as we prepare for this year’s The fourth provision is improving As a U.S. Senator, I take my obliga- upcoming fire season. smoke forecasting by assigning mete- tion to advise and consent on judicial This legislation includes four provi- orologists to every large fire. I know nominations very seriously, and I be- sions that will help firefighters im- some people are thinking this probably lieve Mr. Miller’s confirmation process prove their safety and effectiveness and has already been done. Believe me, we has gone against longstanding Senate bring state-of-the-art technology to haven’t given the Forest Service every tradition and norms and limited our combating wildfires. These provisions tool it needs. role to advise and consent on his nomi- will help firefighters and communities, Over the last few years, summers in nation. and we need to do everything we can as the Puget Sound region have suffered This nomination has proceeded over we face longer fire seasons having more as fires have blanketed our normally the objection of both myself and my catastrophic events. We need to give pristine air with smoke and unhealthy colleague from Washington, Senator communities and firefighters every air. We know this is becoming a new MURRAY. For more than 100 years, con- tool possible. normal. As the Western United States ferring with Senators and allowing First, this legislation allows for the continues to become hotter and drier, them to advise and consent on judicial use of drones to create real-time fire fires become more and more likely, and nominees in their home State has been mapping, as well as GPS to track fire- as the fuels get drier, the number of our process. fighter crews. These advances will help fires increase and get even bigger. Since 1936, only eight judges have enable real-time tracking and location This isn’t just an Eastern Wash- been confirmed when one home State of both the fire and the firefighters. ington problem. Our Washington State Senator objected. In every case, con- Why is this so important? It is be- Department of Natural Resources re- firmed nominees have been supported cause our firefighters need real-time sponded to 1,800 fires last year, and 40

VerDate Sep 11 2014 00:27 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.013 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1458 CONGRESSIONAL RECORD — SENATE February 26, 2019 percent of those were in Western Wash- of Americans said they support pro- tunately, what she saw was somebody ington. According to researchers at the viding medical treatment for babies who looked exactly like you and me. University of Washington, just 20 years who survive abortions. I can’t imagine She wrote about the moral collapse as- from now, we will see the median an- what the other 25 percent are thinking. sociated with the holocaust. She noted nual burned area in the Northwest dou- But there are no Federal laws requiring that ‘‘in the Third Reich, evil lost its ble from what we have seen in the last healthcare providers to care for these distinctive characteristic by which 50 years. babies just as they would any other in- most people had, until then, recognized We know we need more tools to com- fant in their care, and for some Mem- it.’’ She said that the problem is that bat these challenges, and the legisla- bers of the opposing party, they are at that point it became a ‘‘civil norm.’’ tion we have already passed in the Sen- just fine with that. She wrote: ate and that is before the House today We all know that a few weeks ago, Evil comes from a failure to think. It de- will provide these new technology and Virginia Governor Ralph Northam fies thought, for as soon as thought tries to training tools to empower the Forest made disturbing comments about how engage itself with evil and examine the Service to help our communities and to not care for certain newborns. He premises and principles from which it origi- our firefighters: real-time fire map- was asked: What would you do with a nates, it is frustrated because it finds noth- ing there. ping, more drone technology to give us child with birth defects? real-time information about the fires, He said: Well, the infant would be de- ‘‘That,’’ she said, ‘‘is the banality of using NASA data to help us plan post- livered. The infant would be kept com- evil.’’ fires, and giving us more smoke fore- fortable. The infant would be resusci- She concluded by saying: casting information to better help our tated, if that is what the mother and Nearly everybody who attended the trials communities and to deal with those the family desired, and then a discus- of mass killers after the war, some of them who are impacted by heavy smoke. sion would ensue between the physi- respected doctors and pharmacists, came cians and the mother. away with the disconcerting impression that I hope our colleagues will act expedi- the killers looked pretty much like you and tiously on this legislation. We know Let me be clear. The Governor, who me. that wildland fire funding, as we in- is a pediatrician, by the way, essen- tially advocated for infanticide—kill- So while Republicans and Democrats creased it in an agreement last year, disagree on a range of issues, this was so important, but we need to keep ing a child who was born alive. Instead of saying, ‘‘well, it is my duty as a phy- should not be one of them. If we have working on this problem. one shred of our humanity left, we I thank my colleague from Colorado sician under the Hippocratic Oath to provide care to save the child,’’ he be- ought to agree that protecting human for helping to sponsor the inclusion of life is essential. This should have been this legislation and hope that the lieves the child ought to be made com- fortable, and then the mother and doc- a simple vote for every single Member President will sign this legislation very of this body. I can’t tell you how dis- quickly so that tools can be put in tor sit down and decide whether the child should live or die. appointed I am that 44 of our col- place for this upcoming fire season. leagues decided to vote no. I was proud I yield the floor. That is not healthcare. That is mur- der. I believe the Senate has a duty to to vote yes on the bill, yes to pro- I suggest the absence of a quorum. tecting these newborn babies, yes to The PRESIDING OFFICER. The act and ensure that no child born alive is subjected to the treatment described equal medical care for all infants, and clerk will call the roll. yes to life. The bill clerk proceeded to call the by Governor Northam. PRESCRIPTION DRUG PRICES roll. The bill we voted on last night would Mr. LANKFORD. Mr. President, I ask protect newborns who have survived Madam President, this morning, the unanimous consent that the order for abortions and ensure that they receive Senate Finance Committee held the the quorum call be rescinded. the same level of care that any other second in a series of hearings on pre- The PRESIDING OFFICER. Without newborn baby would. It builds upon a scription drug pricing. We all know objection, it is so ordered. previous law, which the Senate passed that across the country, the rising Mr. LANKFORD. I yield the floor. unanimously, called the Born-Alive In- costs of prescription drugs is placing a fant Protection Act. That bill passed strain on families. f unanimously in 2002, and it clarified A survey last summer found that RECESS that every infant born alive at any many Texans are struggling to afford the rising cost of healthcare, and three Mr. CRUZ. Under the previous order, stage of development is a person, re- gardless of the manner in which they out of five people surveyed reported the Senate stands in recess until 2:15 foregoing or postponing care because of p.m. were born. Yet yesterday, 44 Senators voted to allow that same person’s life the cost. That includes cutting pills in Thereupon, the Senate, at 12:45 p.m., half, skipping or rationing doses, or recessed until 2:15 p.m. and reassem- to be ended with impunity. The legislation we voted on yester- not filling a prescription because they bled when called to order by the Pre- day would simply clarify that the in- simply can’t afford to do so. Some, siding Officer (Mrs. CAPITO). fants who survive abortions are enti- though, are taking even more drastic f tled to the same lifesaving care that steps. EXECUTIVE CALENDAR—Continued other babies should receive. That is Last year, a widow in Austin consid- why it is so shocking to me that 44 of ered selling her house to pay for the ex- The PRESIDING OFFICER. The Sen- our colleagues chose to vote against pensive drugs she needed to treat hepa- ator from Texas. even proceeding to a debate and a vote titis C, which had killed her husband S. 311 on the matter. years earlier. Many Texas families Mr. CORNYN. Madam President, yes- I am trying to think of a historical have begun the dangerous practice of terday evening the Senate had an op- counterpart to this. I was reminded of buying their drugs in Mexico—even portunity to go on record and show our a book I read not long ago called though they may be counterfeit—be- constituents that we supported the ‘‘Eichmann in Jerusalem.’’ This is cause they think they are more afford- most vulnerable among us. The Born- about the trial of Adolf Eichmann after able than filling a prescription in the Alive Abortion Survivors Protection the atrocities of the holocaust, during United States. Act would require doctors to treat a which 5 million Jews were killed. The With healthcare costs continuing to baby, once it is born, with ordinary author, Hannah Arendt, was trying to press more and more of our hard-work- medical assistance, something they figure out what kind of monster could ing families, things aren’t expected to would do under any other cir- basically provide for the machinery get any easier any time soon. The Cen- cumstances, even though this entailed that ultimately would take the lives of ters for Medicare and Medicaid Serv- surviving an abortion. 5 million Jews. ices estimated that between 2018 and If you ask the American people, they What she saw when she looked at 2027, consumers could expect to see pre- would say this is just common sense. In Eichmann was not some monster that scription drug spending increase by an a recent poll, more than three-fourths looked different from you or me. Unfor- average of 6.1 percent a year. That is a

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It accounts for a supply for Kathy’s son Hunter costs her and he told me he would work with me large portion of our national economy. family $1,700 out of pocket. to find a solution to gaming the patent In 2017, the national health expendi- Unlike many brand-name prescrip- system in order to protect that exclu- tures totaled $3.5 trillion. That is 18 tion drugs that have lower-cost alter- sive right to sell a drug beyond the percent of our gross domestic product. natives, like a generic, insulin does normal patent period because it is, ul- Prescription drugs account for 10 per- not. Part of our discussion at today’s timately, the consumers who are being cent of our total health expenditures, hearing was the topic of ‘‘biosimilars,’’ cheated and being denied access to the more than $330 billion. They have an or what could be considered a generic lower cost drugs. impact on our entire country. version of a biologic type of drug. As As with insulin, there is no good rea- The Senate Finance Committee is the FDA is moving to make insulin son why, after all of these years, con- digging into the reason behind those subject to biologic competition in the sumers have to see price increases ap- rising costs. The journey a drug takes future, I asked our witnesses about this proaching 585 percent. We need answers from research and development to the move and how it could potentially to those questions, and we will get an- manufacturing plant, to pharmacy serve as a solution for families like swers to those questions. shelves, and to our medicine cabinet is Kathy’s, who struggle with the out-of- I yield the floor. enormously complicated. I wonder pocket costs and copays as a result of I suggest the absence of a quorum. whether it is complicated by design. the insulin with which they treat their The PRESIDING OFFICER. The Once a consumer has purchased a drug, diabetes. clerk will call the roll. figuring out who gets each dollar spent As part of that effort, last week, The senior assistant legislative clerk practically requires the forensic skills Chairman GRASSLEY and Ranking proceeded to call the roll. of a Sherlock Holmes. Member WYDEN launched a bipartisan Mr. DURBIN. Madam President, I ask What I find particularly concerning, investigation into insulin prices. In let- unanimous consent that the order for and something we spoke about at ters to leading insulin manufacturers, the quorum be rescinded. length today, are the rebates and other they requested information on the re- The PRESIDING OFFICER. Without discounts provided by manufacturers. cent price increases—some as high as objection, it is so ordered. Pricing from one pharmacy to another 585 percent. NOMINATION OF ERIC D. MILLER can be wildly inconsistent, and rebates As I expressed today to one of the Mr. DURBIN. Madam President, I are often the root of the problem. In representatives from the drug com- rise in opposition to the pending nomi- another context, what is now called a pany, I understand the need for drug nation of Eric Miller to serve on the rebate might be called a kickback. Re- companies to do research and develop- Ninth Circuit Court of Appeals in a bates are the key to determining if a ment and that because they are grant- seat based out of the State of Wash- particular drug is covered by your in- ed patents for these innovative cures ington. surance, and that can impact therapies that they come up with, they have the If the Senate chooses to confirm Mr. that you have access to. Despite the exclusive right to sell those drugs dur- Miller, it will be a historic decision be- impact they have, the terms of rebates ing the terms of the patents. Yet I cause it will be the first time ever are mostly cloaked in secrecy. I don’t don’t understand why a drug that has since the introduction of blue slips think that is an accident. If you ask been around for decades, like insulin, over 100 years ago that the Senate has pharmacy benefit managers and plans still costs $1,700 for somebody to pay confirmed a nominee who is not sup- about rebates, they will argue that each month on an out-of-pocket basis, ported by either of the home State overall they are a good thing and can and where we have seen recent price in- Senators from the State in which he help lower insurance premiums across creases as high as 585 percent, it makes will be seated. the board. The issue, though, is that absolutely zero sense to me. I am eager What is a blue slip? It is basically a the extra money has to come from to hear from these manufacturers and consultation with the Senate before we somewhere. So list prices are often other players in the pharmaceutical move forward on a nomination. It is a raised to cover the difference. When system about why these prices are ris- courtesy that has been extended. It is that happens, the consumers are the ing so rapidly and how we, in working an effort to try to find some common ones who take the hit. For everything together, can provide relief to families ground, some understanding, perhaps you pay within your deductible—and who bear the brunt of manufacturers’ some moderation when it comes to the many deductibles in this post-Afford- decisions. choice of nominees. It has been abused able Care Act era are up in the thou- I conclude by saying that I also had in some cases, but the two Senators sands of dollars—you pay 100 percent of an interesting conversation with one of here—Senator CANTWELL and Senator the retail cost. You get zero benefit the witnesses from the drug companies, MURRAY—are well known in this body from the rebate. As the list price goes the manufacturer of HUMIRA. for being reasonable people who try to up, your out-of-pocket costs go up. HUMIRA is one of the best-selling find solutions to problems and work That is why the stories of families drugs in the world for the treatment of well with both sides of the aisle. Yet, struggling to cover costs are becoming rheumatoid arthritis and other things. in this case, the Trump White House more and more prevalent. The company that makes HUMIRA has decided that they are going to push Some of the people who suffer the earns $18 billion a year in revenue from this nominee for the Ninth Circuit in most from the rebate system are people the sale of HUMIRA. When I asked why their home State of Washington who take insulin. Diabetes is one of the it was necessary for the company to against their wishes. If Mr. Miller is most common and pernicious illnesses have more than 100 different patents to confirmed, we will have taken away in our healthcare system in America cover that drug when the drug is essen- yet another guardrail in the Senate ad- today. Because we eat too well and ex- tially the same molecule, the gen- vice and consent process. ercise too little, many people develop tleman representing the drug company If you follow what has happened in diabetes, and the only treatment is to did not give me a satisfactory answer. the Senate over the last 2 years and a take insulin. Unlike most of the pre- I can understand the importance of few months, you know that the highest scription drugs out there, insulin is a recouping those R&D costs and the single priority of Senator MCCON- biologic, meaning it is generally more benefits of providing a patent for a rea- NELL’s—the Republican leader—is to expensive to make and more expensive sonable period of time to recoup those fill the Federal judgeships, to put in to buy. costs and make a profit. I am OK with place men and women who will serve A few weeks ago, I spoke here on the that. Yet, when you see the patent sys- literally for a lifetime, as long as they Senate floor about a woman from Indi- tem being manipulated in a way that live. He is determined to do it. There is ana who came to the first hearing we maintains that exclusive right to sell a template for the people who they find had on prescription drug costs, Kathy that best-selling drug by a drug com- acceptable. If you have been a law

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It is the treatment of indig- home State Senators and to break a moderation, and judgment, we are enous people. century-old tradition in the Senate to going through a formula here to put Most countries in the world, includ- do it. These Senators represent mil- people on the bench for a lifetime— ing the United States, haven’t written lions of people in the State of Wash- those who have been approved on the a very admirable record when it comes ington. Their good judgment has been Republican side of the aisle. Make no to the treatment of people who were recognized by election and reelection. mistake—under Democratic Presi- here before we ‘‘arrived.’’ What we But when it comes to having a voice in dents, we look to nominees who are have done to Native Americans in this the selection of a circuit court nomi- closer to our value system, for sure, country, sadly, is nothing to brag nee who will be serving their State for but we never walked away from the about. They were dispossessed, relo- the next three decades, they have been blue slip process until this nominee— cated for their lands, and many times shunned and pushed aside. the first time ever it has been done. treated in the poorest possible fashion. I think the Republican majority is We have seen so many things change The movie ‘‘Roma’’ was about indige- making a mistake. They are so bound under the Republican leadership in the nous people of Mexico who are serv- and determined to fill these vacancies Senate when it comes to the selection ants, and some would say slaves, to that they are abandoning basic Senate of judges. families who have more money in Mex- traditions—which, in fact, will slow We used to say that if you are found ico. So the question of the treatment of things down from time to time, I am unqualified—not qualified—by the Native Americans is not something ready to admit, but also put at least a American Bar Association, forget it. that we can just push back in the pages note of caution into a critical judg- Go about your business. Do something of history; it still confronts us in the ment process. else. We are not going to put you on United States today, as it does in other Blue slips encourage consensus and the bench for life. Well, we have de- countries, like Mexico and Australia cooperation between the Senate and cided, under the Republican leadership, and so many others. the White House. There isn’t a single that is no longer the case. Simply So what does this have to do with one of us serving in the Senate who being unqualified is not enough to dis- this nominee? It turns out that in a hasn’t counted on that cooperation to qualify you. rare moment, the National Congress of make sure that lifetime appointments We have also said that when it comes American Indians weighed in against to the Federal judiciary are people who to the process of making these deci- Eric Miller for this circuit court nomi- can stand the test of time. Although sions, we will have hearings where we nation. The National Congress of they may not agree with any Senator will consider multiple candidates in American Indians opposed his nomina- every single time, they bring judg- the same day. Let’s run them through. tion. Here is what they wrote in a let- ment, experience, balance, and modera- Of course, you know what happens ter to the Judiciary Committee, and I tion to their service. Blue slips ensure when you do that: You get in a hurry, want to quote it in its substance: that the voices of the American people, and you end up putting people on the Our concern is that he chose to build a law through their Senators, are heard in bench for life who shouldn’t be there. practice on mounting repeated challenges to this process, and they help steer the We have also decided in this White tribal sovereignty, lands, religious freedom, nomination process toward the middle House that we will send people off to be and the core attribute of federal recognition of the road. Without blue slips, the Federal judges who have never been in of tribal existence. His advocacy has focused White House can ignore home State in- a courtroom in their lives—not once. on undermining the rights of Indian tribes, terests and pick extreme judges who do Maybe they watched ‘‘Perry Mason’’ on often taking extreme positions and using not have the confidence of that State’s some retro channel, but that is about pejorative language to denigrate tribal rights. Indeed, his law firm website touts his legal community. as good as it ever was for some of record, with over half of his private practice This decision—for the first time in a them. achievements coming at the expense of trib- century—to abandon blue slips for the I recall one of the nominees from the al governments. Given his strong preference sake of putting this man in a lifetime Trump White House. It was a moment for clients who oppose tribes, there are con- position on the circuit bench could af- in the history of the Senate Judiciary siderable questions about whether he would fect every one of our States someday. I Committee. Senator JOHN KENNEDY of be fair in hearing cases regarding tribal can’t understand why my Republican Louisiana asked him some basic ques- rights. colleagues want to diminish their au- tions about what it meant to be a judge You might say to yourself: Well, that thority, their ability to safeguard and some of the things he would have has to be a narrow area of the law— against judges who should not be ap- to rule on. It was a sad moment. It re- Tribal rights—and if he happens to con- pointed for life. That is what we are minded me of my worst days in law sistently get that wrong, how impor- doing on the vote to confirm Eric Mil- school when I didn’t know the answers tant could it be? ler to the Ninth Circuit. to the test or to the question being Take a look at the fact that he has I will oppose his nomination. I urge asked by the professor. This nominee, aspired to be a nominee to the circuit my colleagues to do the same, if for no thankfully, withdrew. He never should court—the second highest court in the other reason, so that when the time have been nominated. land—in the Ninth Circuit. The Ninth comes—if it ever comes—that you ask In this case, when it comes to Mr. Circuit includes 427 of the 573 federally for the respect of this body when it Miller, neither of the Washington Sen- recognized Tribal nations of America. comes to the selection of an important ators returned a blue slip on him, and That circuit he aspires to for a lifetime Federal judge, you will receive it re- they have a reason. He is 43 years old; appointment hears more cases involv- gardless of who the President may be. he may serve on the bench for three ing Tribal issues than any other Fed- Madam President, I yield the floor. decades or more. In his relatively short eral circuit. It is deeply troubling to I suggest the absence of a quorum. legal career, he has demonstrated that see a Ninth Circuit nominee whose im- Mr. CRUZ. Madam President, I ask his views are far outside the legal partiality on Tribal legal matters is in unanimous consent that the order for mainstream, particularly when it question. the quorum call be rescinded. comes to one legal issue—the issue in- Mr. Miller’s nomination is opposed The PRESIDING OFFICER. Without volving Indian Tribes. by not only the National Congress of objection, it is so ordered. I don’t know if you watched the Os- American Indians; he is also opposed 183RD ANNIVERSARY OF TEXAS’S INDEPENDENCE cars, but I did, and I was watching for by a broad array of civil rights, envi- FROM MEXICO a movie that I saw that I was im- ronmental, labor, and other organiza- Mr. CRUZ. Madam President, this pressed with. It was called ‘‘Roma.’’ It tions that are concerned about his Saturday, March 2, the great State of

VerDate Sep 11 2014 00:27 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.020 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1461 Texas celebrates the 183rd anniversary these things called debates that we There was another circumstance in of its independence from Mexico. used to have on the floor of the Senate. which Senators had recommended a Texas became a free republic—for 9 I read about something called an nominee for the district court but then years our own nation—and soon after amendment, which apparently is a way refused to submit blue slips when that became one of these United States. that an individual Senator calls up a judge was elevated to the appellate As is tradition, in commemoration of proposal or an initiative and puts it on court. Once again, Senator LEAHY hon- the brave Texans who fought and died the floor for an up-or-down vote. ored that precedent. for liberty and the rule of law, let us Those things don’t really happen Now Republicans have already taken reflect a moment on the immortal anymore in the U.S. Senate. We don’t advantage of Senator LEAHY’s decision words of Colonel William Travis, the have open-ended debates on the big to uphold precedent. I will just give leader of the besieged forces at the policies of the day. you a couple of examples. Alamo. His clarion call for reinforce- I get it. When Republicans control In the Seventh Circuit, Michael Bren- ments resounded around Texas and the Senate, they control the agenda. nan was confirmed for a seat that had still rings with strength today. When Democrats control the Senate, been held open by Republicans since Indeed, it has a special place in my they control the agenda. At the very 2010. So, had Chairman LEAHY decided heart because the very first time I least, I would have hoped that the Sen- to move forward without blue slips, spoke on this Senate floor, I read from ate majority, now in Republican hands, that Seventh Circuit seat could have Travis’s letter from the Alamo. It was would put their policy initiatives be- been filled, but because he upheld tra- during Senator RAND PAUL’s extended fore the Senate so we could have an dition, it was left open, filled by Re- filibuster in defense of individual lib- open debate. That doesn’t happen any publicans. erty. It fit then, and it fits now. It is a longer. All we seem to be doing these Similarly, for a district seat in South letter that has stood for the ages— days is voting on judges. Carolina, Marvin Quattlebaum was written to us today, demanding that we Now, that is a really important func- confirmed to a seat that had been held stand with all good and free people tion of the U.S. Senate, and I am glad open by Republicans, again, since 2013. against oppression and reminding us we are doing it, but today we are going So Republicans have already taken to do something truly exceptional, that there are some things worth dying advantage of the fact that Democrats which causes me, once again, to wonder for. upheld the blue-slip precedent, but now what my job here is and to feel a little The letter reads as follows: they are taking it a step further. bit of sadness as to how it has changed In the past, when Republicans have Commandancy of the Alamo, and how much less substantive the Bexar, February 24th, 1836 changed the rules here, as they did on To the People of Texas & All Americans in input of each individual Senator is in the number of votes required to elevate the World: the direction of this country. a judge to the Supreme Court, they Fellow citizens & compatriots—I am be- Today, for the first time in the his- claimed it was because Democrats sieged, by a thousand or more of the Mexi- tory of blue slips, we are going to vote started it. I don’t agree with that ra- cans under Santa Anna—I have sustained a and, I assume, confirm a judge who tionale. If you found the change for dis- continual Bombardment & cannonade for 24 didn’t get one blue slip from either of hours & have not lost a man. trict court nominee so objectionable, I the home State Senators from which am not sure why you would decide to The enemy has demanded a surrender at that judge comes from and is going to discretion, otherwise, the garrison are to be go further, but there is no excuse of serve. that kind here. This is just a brash put to the sword, if the fort is taken—I have This has never happened before. Yet answered the demand with a cannon shot, & power grab because there is no claim today we will vote on Eric Miller’s our flag still waves proudly from the walls. I that Democrats, when they were in the nomination to be a judge on the Ninth shall never surrender or retreat. majority, violated the blue-slip prin- Circuit from Washington. He is 43 years Then, I call on you in the name of Liberty, ciple. This is a fresh violation of tradi- of patriotism & everything dear to the Amer- old, so he is going to be there for an tion here in the Senate. ican character, to come to our aid, with all awfully long time. dispatch—The enemy is receiving reinforce- Eric Miller did not get a blue slip There is a reason we give deference ments daily & will no doubt increase to three from either of Washington’s Senators. to home State Senators. In these or four thousand in four or five days. Let me say that again. That has never States and in these districts, there are If this call is neglected, I am determined to happened before in the Senate. In fact, particular issues that are important to sustain myself as long as possible & die like their constituents that may be unique a soldier who never forgets what is due to his the last time a judge was confirmed without both blue slips was in 1989. to their area in which they have more own honor & that of his country—Victory or knowledge than the rest of us do. Some Death. That was the last time before this Con- of the reasons Senators MURRAY and William Barret Travis gress that any judge was confirmed Lieutenant Colonel Commandant without both blue slips. CANTWELL are so concerned about this P.S. The Lord is on our side—When the In that instance, it was a Democratic nominee are his extremist views on the enemy appeared in sight we had not three chairman of the Judiciary Committee issue of Tribal sovereignty, which is a bushels of corn—We have since found in de- who was confirming a judge over the very big deal in the State of Wash- serted houses 80 or 90 bushels & got into the objection of another Democrat. This is ington, and the idea that they are walls 20 or 30 head of Beeves. going to have somebody sitting in the Travis very different. These are two Demo- cratic Senators from Washington, nei- Ninth Circuit who has these extreme I yield the floor. ther of them returning a blue slip on views on limiting the rights of Tribes I suggest the absence of a quorum. Eric Miller. Yet the majority has de- is of great concern to their constitu- The PRESIDING OFFICER. The cided to go ahead and proceed with this ents. That is why, traditionally, we clerk will call the roll. confirmation. have allowed for individual Senators to The senior assistant legislative clerk This is a serious break with prece- have that kind of voice and that kind proceeded to call the roll. dent. The last time Democrats con- of say. No longer. Mr. MURPHY. Madam President, I trolled the U.S. Senate, Chairman I would just hope that my Republican ask unanimous consent that the order LEAHY was the head of the Judiciary friends understand how this works. for the quorum call be rescinded. Committee, and he did not hold a sin- Once the rule is gone, once the tradi- The PRESIDING OFFICER. Without gle hearing on an Obama nominee who tion is gone—listen, I am a relatively objection, it is so ordered. did not have two blue slips—didn’t hold junior Senator here, so I don’t want to NOMINATION OF ERIC D. MILLER a single hearing even when there were speak for those who are going to be the Mr. MURPHY. Madam President, exceptional circumstances. There was chairman and ranking members of there have been some days recently one time when Senators initially re- committees in the future, but I would when I kind of wonder why we even turned the blue slips but later re- imagine it is not coming back. I would show up to the Senate any longer. This scinded them. Those are two Repub- imagine—once we get through today job is not what it used to be. lican Senators who submitted them, re- and Republicans have decided that in- When I get the chance to read about scinded them—did not go forward with dividual Senators, unless they happen the history of the Senate, I read about the nominee. to be a member of the majority party,

VerDate Sep 11 2014 00:27 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.022 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1462 CONGRESSIONAL RECORD — SENATE February 26, 2019 no longer have any say in who is ap- our States are different. We are the more questions to get a good grade in pointed to their circuit courts—that United States, and each of our States high school than this gentleman did in horse has fully run out of the barn and has slightly different cultures, tradi- terms of the confirmation process of across the field. tions, and communities. The point of the Senate Judiciary Committee. I am I don’t know if that is a good thing having a Senate made up of 100 rep- very worried about the precedent this for this body because it is just another resentatives of our 50 States is for each sets, about what it says—which is that hit. It is just another assault on the of us to come here and carry forward we continue to push past norms and traditions of this place in which we some of the values and traditions of traditions in this body—and about used to try to work things out to- our States. where we are headed. gether, in which we used to honor the I am a member of the Delaware bar. It is my hope that some of my col- role that individual Senators have It is a bar with a great and proud tradi- leagues on the Judiciary Committee some say over what happens in their tion. It is a bar with a somewhat dif- will work with me in the months ahead own States and their own regions. ferent culture—a much more collegial to recognize that there is a long, now- I do sometimes wonder why we all culture, I would argue, than many bitter path of he said, she said, who keep on showing up here if we don’t States around us, and it was important shot John, who acted first, which has really debate legislation as we used to, to me to be able to advocate to the resulted in changes to the whole nomi- if we don’t get to offer amendments President, to the White House, for the nation process. anymore, and if we don’t have any say nomination of folks who would rep- I think we can yet pull back to a any longer in the judges who are ap- resent the best of our bench and bar. place where those who are nominated pointed in our States and our districts, Look, the President and I are in dif- are the best and brightest of our coun- and this is just another day that makes ferent parties. I understand that we try, where, in the process, there are me question that as well. will have different policy positions, but protections for the minority and the I yield the floor. in order to get the absolute best and majority, and where we can all end up The PRESIDING OFFICER. The Sen- brightest of the American bar and to voting proudly for those who are nomi- ator from Delaware. have them reflect the values and prior- nated to serve on the Federal bench of Mr. COONS. Madam President, I rise ities of the State Senators are elected the United States. today to offer brief remarks on the from, the blue slip was developed. I increasingly hear commentators on nomination of Eric Miller to serve on We have had a difficult and divisive cable talking about judges as if you the U.S. Court of Appeals for the Ninth and partisan period here in the Senate can know how they will vote based on Circuit. for as long as I have been here. I don’t the President who nominated them. I have concerns about Mr. Miller’s think it is because I am here, but it has So-and-so is described as a Bush judge controversial record—some of his ideas been as long as I have been here—since or a Reagan judge or a Clinton judge or and his jurisprudence—which I have 2010. We have had a number of regret- an Obama judge, a Trump judge or a spoken to on the Senate Judiciary table changes in the policies and the Bush judge, as if that tells you every- Committee, which informed my vote practices and the culture of this place, thing you need to know about a judge. against him on the committee. but proceeding with a confirmation It should not. But today, I want to speak about my vote of a nominee who was not sup- In my State, it doesn’t, and it is my reservations about this body’s moving ported by either home State Senator hope that we can yet pull ourselves forward with his confirmation, given for a circuit court position is unprece- back from the brink of one more step that neither of his home State Sen- dented. to a place where our judges are seen ators have returned a blue slip. I think, before we proceed, this body not as the black-robed individuals dis- Let me briefly talk about what a blue should stop and reflect on what this pensing independent justice but as slip is and why it matters. It is not in means for our future. In a district as folks wearing blue and red jerseys ad- the Constitution. It was not something small as Delaware, it is likely the Sen- vancing a partisan political agenda. imagined by the Founders. It was ators actually know the nominees. In a That way lies disaster for our constitu- something developed by the Members circuit as large as the Ninth, which is tional Republic. of this body to put one further bumper the largest, geographically, in our Both parties have taken steps that on the power of the President to nomi- whole country, it is almost a certainty have led us here. Both parties need to nate Federal judges and then for the that the Senators will not know the take steps that will heal this, and I in- Senate to carry out its constitutional judges nominated by the President to tend to vote against the nomination of advice and consent role. For a long represent their circuit. Mr. Miller because of my concerns time, it worked fine, and I actually had The blue slip has long been a proce- about these procedural changes that I a terrific experience with the blue-slip dural barrier to the President’s nomi- think are so destructive. process. Don McGahn, as the White nating people who did not reflect the I yield the floor. House Counsel, and my senior Senator, bench and bar of the States from which The PRESIDING OFFICER. The TOM CARPER, and I, when we had a va- they are drawn. The leader is pushing clerk will call the roll. cancy—two vacancies, actually, in the this forward, even over several other The legislative clerk proceeded to Federal district court in Delaware— nominees pending on this floor. call the roll. went to our local bar and asked for One other piece of the process that Mr. TILLIS. Madam President, I ask them to put together a committee to brought us to today to a vote on Eric unanimous consent that the order for interview potential candidates. Miller’s nomination for the Ninth Cir- the quorum call be rescinded. We went to the White House Counsel cuit that is worth commenting on is The PRESIDING OFFICER. Without and spoke about the importance of the that the confirmation hearing on the objection, it is so ordered. Delaware district court and the process Judiciary Committee was held while DECLARATION OF NATIONAL EMERGENCY we were following, and, in the end, out we were not in session. No Democrat Mr. TILLIS. Well, ladies and gentle- of a very wide pool of initial candidates was present to question this nominee. men, yesterday I took a position that I and the folks who were interviewed by The questions that were raised and the think some people consider to be un- a broad and nonpartisan selection com- comments that were made were only in popular—particularly some of my mittee of our local bar, we advanced writing and for the RECORD, and my un- friends back in my State—that I three names to the White House. The derstanding is, this questioning is very thought I would come back and ex- White House picked two, and they were brief—just 5 minutes before just a plain. It has to do with the President’s ultimately nominated, and Senator handful of Republican Senators, I Executive action. It also has to do with CARPER and I both returned the blue think two. communicating an important and som- slips on them. They proceeded. They This young man is going to be given ber subject. were both confirmed. They are now a lifetime appointment to one of the There is a crisis at the border. I have seated as district court judges. most important judicial posts in our been there. I didn’t read about it. I That is the way this ought to work. country. Frankly, my own kids have to didn’t watch it on TV. I didn’t read a Why does it matter? It matters because work longer and harder and answer tweet about it. I invested time down

VerDate Sep 11 2014 00:27 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.023 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1463 there, hours and hours with border se- the border, get people who will pay tional security crisis, a homeland secu- curity. I was on shallow draft boats. I thousands of dollars to cross the bor- rity crisis, and a humanitarian crisis. was on horseback. I have been on der, and then they will say: Civiliza- It is not the end; it is a portion of the ATVs. I spent a lot of time down at the tion is just an hour away. means. border, and the one thing I will tell you It is an hour plane ride away. Most I applaud the President for taking is that the President is absolutely people don’t understand the sheer size the action up here and getting things right. There is a crisis on the border— and scale of Texas, particularly those going. I hope that over time, we can and not only on the southern border, crossing the border in the dead of find a way to fully fund the border but I will state that ranchers on the night, working with basically orga- strategy on a bipartisan basis and also northern border also believe they have nized crime. You have to pay a toll to address other immigration issues that I challenges that this President is right get through the so-called plazas that believe are pressing for this Nation. to address. run the northern border of Mexico. Madam President, thank you for al- I also happen to agree with a good My problem right now has to do with lowing me to come to the floor and ex- portion of how the President is going an Executive order, the emergency dec- plain my position. to do it after Congress failed to do its laration that the President intends to If anybody in North Carolina has any job. Keep in mind that over the last send to Congress. questions, I know they know how to year, we have had on this floor Demo- My wife and I were having a discus- get ahold of me because my phones are crats and Republicans voting for as sion. She said: You just said you agree blowing up right now. But I do want to much as $25 billion for border secu- with the President that there is a crisis explain it to them in a way that makes rity—Democrats and Republicans—and on the border; you agree with the sense. I am a steward of the U.S. Sen- now we are fighting over a fraction of President that we need to send re- ate. I am a steward of the article I that. sources down to the southern border branch. That matters to me. The President needs to act. He got an and work on the northern border; you Thank you, Madam President. appropriation of about $1.5 billion agree that Congress has failed to act; The PRESIDING OFFICER. The Sen- through the negotiated settlement a and you agree that if you were Presi- ator from Minnesota. couple of weeks ago, and now he is tak- dent, you would do exactly what he is NOMINATION OF ERIC D. MILLER ing the only action he can until Con- doing. Ms. KLOBUCHAR. Madam President, gress acts, and that is to figure out I said yes. I rise today to join many of my col- other sources of funding that he be- She said: Why don’t you support it? leagues who have come to the floor and lieves he can use within current statu- I said: Because I am not the Presi- to express my opposition to the nomi- tory limits. The way he has done that dent. I am a Member of the U.S. Sen- nation of Eric Miller to be U.S. circuit is he has first taken the $1.3 billion ate. I am a Member of a coequal branch judge for the Ninth Circuit. I have al- that Congress did appropriate. He has who actually believes that this action ready expressed that opposition in my another $2.5 billion and another $600 falls within our purview. Now we are vote in the Judiciary Committee, but I million that I believe he is right to re- going to find out because I am sure we would like to explain this in more de- program, send to the southern border, are going to be challenged in the tail. and probably make some investment in courts. But I also worry not so much There are several troubling aspects of the northern border. about this one—frankly, even the way Mr. Miller’s background, particularly Here is where I have a respectful dif- this money is going to be programmed, his consistent opposition to Tribal in- ference of opinion with the President I agree with. What I worry about are terests and women’s reproductive and the administration: It is the emer- future Presidents and what they may rights. gency order, that under the emergency do if we set this precedent going into My State of Minnesota has a large powers act, he is using his authority to the future. and diverse Tribal population. I have appropriate the remaining funds. We actually have a Democratic can- always believed that our State history First off, those funds will come what didate running for President—this is has been drawn from the culture and we call the MILCON budget. That is one hypothetical. There have been traditions of our Native Americans. military construction. Right now, we some far-flung ones that I am not sure As a member of the Judiciary Com- are trying to find out what that I completely agree with, but let me mittee, I know that Tribal sovereignty means—which projects we think are give this one. It relates to border secu- is a fundamental tenet of our laws. The critical to help the readiness of our sol- rity. We have someone who is a Mem- Ninth Circuit is home to more feder- diers, sailors, airmen and marines; ber of this body who has publicly said ally recognized Tribes than any other which investments that we were going that their priority, if they were elected circuit—more than 425. So many of the to make, that we have already deter- to be President, would be to tear down cases that come before the court in- mined we should make in military con- borders, tear down walls, build bridges, volve Tribal issues. I am concerned struction, are going to be put on hold and open the borders. Well, if you that Mr. Miller has a history of rep- while we reprogram those dollars to go argue that there is a humanitarian cri- resenting interests that have sought to to the southern border. sis—and I have said there is already is undermine Tribal sovereignty. For ex- The real problem I have is that this one—what would prevent that Presi- ample, in a brief he filed before the Su- is only a fraction of what we all know dent from issuing an Executive order preme Court, he urged the Court to we need to secure the border. that would divert military construc- adopt a standard that would have un- I want to go back to the humani- tion funding to tear down the walls dermined the legitimacy of many fed- tarian crisis, though. My wife and I had that are going to be built now? If we erally recognized Tribal governments. an interesting discussion the other give this President—a President I sup- The National Congress of American night. She wasn’t too happy when I port and a President whose policies and Indians and the Native American took this position originally. I am still priorities I agree with—that authority, Rights Fund have come out against his not sure if she is happy. that could be aiding and abetting a fu- confirmation. I know the Senator from But to understand why I respectfully ture President and empowering them New Mexico, Mr. UDALL, is here and disagree with the President, you have beyond what I believe their authorities understands the major concerns, since to understand, again, as I started this are, vested in the Constitution in arti- he is the ranking member of the Indian discussion, that there is a crisis. There cle II. Affairs Committee, and how important are people dying. There are millions of So I have come here today in part to that concern is. It is only the third doses of poison coming across the bor- maybe take another stab at explaining time in the history of these two organi- der every single year that are killing to my wife why I have taken this posi- zations—the National Congress of tens of thousands of people. That is a tion but also to explain to the Amer- American Indians and the Native crisis. There are thousands of people ican people and folks in North Carolina American Rights Fund—that they have crossing the border and dying. They and across this country. I agree with opposed a judicial nominee. have what they call coyotes, human the President. I know we have a crisis In their letter to the Senate Judici- traffickers who will get them across we have to take care of. We have a na- ary Committee, they wrote that Eric

VerDate Sep 11 2014 01:13 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.025 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1464 CONGRESSIONAL RECORD — SENATE February 26, 2019 Miller ‘‘chose to build a law practice on the world about the health of this Sen- tunity to object—this courtesy has mounting repeated challenges to tribal ate. been in place for more than 100 years as sovereignty, lands, religious freedom, This is a lifetime appointment. It part of the Senate’s advice and consent and the core attribute of Federal rec- should at least have had a normal hear- responsibility. ognition of Tribal existence.’’ ing. We should have at least respected If confirmed, Mr. Miller would be the I believe we need judges, particularly the views of the home State Senators first circuit court nominee in history on the Ninth Circuit, who respect the as we have so many times in the past. to be confirmed without having a blue history and contribution of Tribal na- There are no winners in a race to the slip returned from either of his home tions, not one who seeks to undermine bottom when it comes to process in the State Senators. The lack of respect their sovereign status. Senate—a democratic process, a proc- shown for this Senate tradition by the Mr. Miller’s record on women’s repro- ess of advice and consent, a process of Republican leadership of the Judiciary ductive rights is no less troubling. Dur- checks and balances set up by our Committee is as saddening as it is ing his time at the Justice Depart- Founders so no one branch of govern- alarming. ment, he used ideological language in ment would have all the power. Another Senate tradition again flout- cases in which he advocated for restric- What do we see happening now? We ed by the majority was holding Mr. tions on a woman’s personal healthcare see judges being put forward without Miller’s confirmation hearing during a decisions. I am concerned about what blue slips. What that simply means is, Senate recess. The recess hearing— this says about how Mr. Miller will ap- the home State Senators are OK with lasting only 30 minutes, with only two proach these types of cases. that nominee. We have had blue slips Republican Members in attendance— Finally, it pains me to say that this over the years in many administra- was objected to by Democratic Mem- is a historic moment for this body—for tions for judges who perhaps were not bers who sought to question Mr. Miller the Senate—because of how we came to the first choice of the home State Sen- on a number of legal issues, including be here today. It is not historic in a ators, but they were someone they felt Indian law. Instead, the questioning good sense of the word. It is historic in could be a judge out of their State who lasted less than 5 minutes. a bad sense of the word. We are voting would have the right experience as well Bringing Mr. Miller’s nomination to on this nomination today because of an as be fair and impartial in the adminis- the floor without an adequate hearing unprecedented disregard for the Sen- trative law. is an abuse of the confirmation process ate’s traditions when it comes to judi- What else do we have going on? We by the Republican leadership of the Ju- cial nominations. According to the have a President who, after an agree- diciary Committee. Congressional Research Service, no ment was reached in the Senate, which Putting aside these abuses of the judge has ever been confirmed without is run by his own political party, on process, as significant as they are, Mr. having both blue slips returned by both how to do border security—and it was a Miller’s repeated willingness to side home State Senators until now. We widespread vote in both the Senate and against Native American Tribes in have had instances where one blue slip the House—he then decided to declare court and the likelihood that such will- was returned, and the judge went on to an emergency to do something which I ingness will follow him to the bench be confirmed, but what we have here is consider unconstitutional and has no where he would have an outsized influ- not one blue slip from either of the respect for the balance of powers. He ence on the development of Indian law home State Senators from the State of decided he would declare an emer- for decades, concerns me deeply. Washington was returned. gency, when, in fact, those kinds of As vice chair of the Senate Com- Senator CANTWELL, who also, by the emergencies are things like Hurricane mittee on Indian Affairs, I pay special way, has been a major leader when it Sandy and the weather we saw, and the attention to a nominee’s record on comes to Tribal matters, did not return damage down in Florida, or the Tribal issues, especially if a nominee a blue slip for Mr. Miller. Senator MUR- wildfires we saw in Colorado and in will preside in a jurisdiction that has RAY, a major leader when it comes to California. Those are emergencies. In 427 Tribal nations, as is the case with women’s rights, did not return a blue addition to that, it raises eminent do- Mr. Miller. I am concerned that Mr. slip for Mr. Miller. main issues at the border. Miller’s record has not shown and does In the rush to confirm judges like It also makes us question where the not have the proper respect for Tribal Mr. Miller, the Judiciary Committee money is coming from. That is why sovereignty. has chipped away at the traditions and you see these lawsuits. The money is As an attorney in private practice, rules that allow us to properly advise coming from the military budget, mili- Mr. Miller consistently advocated and consent on nominations, which is tary construction for our troops, and against Tribal interests and Tribal sov- our responsibility specifically enumer- the like. ereignty. In fact, Mr. Miller has do- ated in the Constitution. While this may seem like a very dif- nated over 675 hours of pro bono work This goes beyond disregarding the ferent issue, it is not a different issue. against Tribal sovereignty, against Na- voices of home State Senators on judi- It is the same issue. The Senate should tive American religious practices, Fed- cial nominations. This nominee’s hear- be sticking up for the individual States eral recognition, and numerous other ing was held during a monthlong recess we represent and the power of those respected Tribal doctrines. with no Democratic members of the States and the power of that balance For example, in the case of Upper Judiciary Committee. Since this was that is so important to running this Skagit v. Lundgren, Mr. Miller argued an established work period at home, government and to the very Constitu- that Tribal governments are not enti- only two Republican Members were in tion that guides us. tled to sovereign immunity because it attendance. Mr. Miller’s questioning I yield the floor. interferes with the ‘‘State’s sovereign lasted for less than 5 minutes for a life- The PRESIDING OFFICER. The Sen- interest in adjudicating disputes over time appointment. Why would you ator from New Mexico. title to land within their territory and have this hearing at a time when we Mr. UDALL. Madam President, I rise frustrate[s] the ordinary adjudication were scheduled to be working in our to oppose the nomination of Eric Mil- of competing [ownership] claims.’’ His home States? That is what happened ler to be circuit judge for the U.S. arguments in this case demonstrate he because it was rammed through the Court of Appeals for the Ninth Circuit. does not understand the inherent sov- Senate without the support of either of Senate traditions command respect, ereignty of Tribal nations. the home State Senators. and if we are going to change them, we Mr. Miller has shown a lack of re- At a time when the American people should do so in a bipartisan way. spect for Native American religious see this body shirking its responsibil- Changing rules midstream and chang- practitioners when he argued for a nar- ities to act as a check and balance on ing traditions well into the Congress row application of the Religious Free- the executive branch, and when they causes bitterness, acrimony, and it dom Restoration Act when these prac- see us divided on the basic question of hurts our ability to work with each titioners argued that the construction whether Congress has the power of the other. Such Senate traditions as the of a solar farm would substantially purse, I am concerned about what mes- blue slip, where the nominee’s home burden their ability to conduct their sage we are sending to the country and State Senators are given an oppor- religious practices.

VerDate Sep 11 2014 01:13 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.027 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1465 Mr. Miller has argued for an ex- With cancer’s being the disease that campaign. Normally, we think about tremely narrow reading of the Indian it is, it was a struggle for him, as it is ‘‘stealth’’ as associated with bombers Reorganization Act when considering for anybody who gets it. He was some- or submarines, weapons platforms de- the Federal recognition status of body who fought that disease bravely signed to go, in effect, under the radar, Tribes. He asserts that only Tribes that and proudly, but in the end, it took to avoid detection, to escape public no- possessed federally managed lands him. It took him last Wednesday, early tice or the notice of our adversaries. when the act was passed in 1934 should in the morning. We were driving to This stealth campaign is really hid- be federally recognized. This narrow Great Falls, and my wife sent a little ing in plain sight. It is a campaign to view does not acknowledge the well-es- message to Jill that read our hearts remake our Federal judiciary in the tablished principles of Indian law and were with them because we knew that image of the far-right extreme of the can lead to the termination of Tribal Jason wasn’t good. She sent back a Republican Party, the far-right ex- nations that do not meet his narrow text with hearts, and that was it. He treme ideologically and politically, a and arbitrary standard. had already passed. campaign, in effect, to outsource selec- Mr. Miller’s record on Tribal issues is In the end, though, as I think back tions of judges to groups that reflect one-sided and extreme. His history of on Jason’s life, there are some lyrics to those extreme points of view—the Her- advocating against Tribal interests a song that say ‘‘Only the good die itage Society and other such groups. does not give me confidence that he young.’’ It could not be any more true Shortly, we will consider the nomina- would be a fair and impartial jurist on than with Jason Baker. If the world tion of the latest individual nominated the Ninth Circuit Court of Appeals were full of Jason Bakers, this would by the President, outsourced to those when Tribes come before him. be a better world, but life happens, and groups: Eric Miller, of Washington, to I will vote no on Eric Miller’s con- you have to get through it. the Ninth Circuit Court of Appeals. I am sure that Jill and Peyton and firmation. I urge my colleagues to do The effort here is to drastically re- Porter will think back and remember so as well. shape our judiciary but, in the process, their dad proudly as he served proudly I yield the floor. also dismantle the norms and practices as a firefighter, as a public servant—as The PRESIDING OFFICER. The Sen- critical to the health of our democracy. ator from Montana. somebody who ran to danger while other people were running away from The judiciary is essential to the health Mr. TESTER. Madam President, be- of our democracy. fore I start with my comments, I want it. As they proceed with the ceremony In the future, when we look back on to associate my thoughts and views on today in Montana—and it is happening this era—a dark and dangerous time Mr. Miller with Ranking Member as I speak—just know, Jill, Peyton, for our democracy—the heroes will be UDALL’s points on Native American Porter, and all of the firefighters who our free press and our independent ju- sovereignty and Mr. Miller’s current are there, that we are very proud of diciary because they have been se- job and what he has done in that. your dad and his service and what he lected in the past by both Republican REMEMBERING JASON BAKER fought for. and Democratic Presidents based on Madam President, I come here today Two years ago, there was a bill in the qualities of integrity, intelligence, and in a sad time. As I speak, about right Montana Legislature on presumptive independence. now in Montana, a funeral is beginning illness for firefighters. I do not believe That norm, common to both Repub- for Jason Baker. Jason would have contracted cancer if lican and Democratic administrations Jason was originally from Fort Ben- not for his job, if not for the kinds of in the past, has been broken by this ton, MT, which is a town right down fumes he breathed when he protected one. One of the norms that has been the road from where I live in Big neighborhoods and families. I think it broken in the U.S. Senate relates to Sandy. Jason was a firefighter. Jason is only right that when people sacrifice the use of blue slips. Most of the public passed away on February 20, early in for their communities, we sacrifice for has no idea what blue slips are. They the morning. He was far, far too them. Two years ago, the legislature are the traditional mechanism used young—the age of 45. He had been a did not pass that presumptive illness over decades to afford home State Sen- firefighter for 16 years with Great Falls bill. I think it made a mistake. ators the opportunity to express their Fire Rescue. He was incredibly tal- When I gave my speech to the House approval or disapproval for fitness, a ented and incredibly professional, and of Representatives in the Montana Leg- basic quality of a President’s judicial he was somebody who loved being a islature, one of the points I made in nominee to a court that has jurisdic- firefighter. His life of public service, that speech was that they needed to tion over their State. whether it was helping out kids or pass the presumptive healthcare bill What is the reason? Well, Senators helping out adults or helping out com- for firefighters. Jason was alive when I just happen to spend a lot of time talk- munities, was a part of who he was as gave that speech, and now he has ing with folks at home. We talk to a person. passed. I think, in memory of Jason farmers, businesspeople, lawyers. A lot Jason was also married to my wife’s Baker, at the very least, the Montana of those lawyers know fellow lawyers. cousin Jill. They have two children, Legislature could pass that bill. I un- Of course, we receive the ABA qualified Peyton and Porter, whose hearts have derstand it has passed one of the or unqualified ratings, but they are to be aching. This day is a day, I am houses but that it hasn’t passed both of single words based on fact gathering sure, that they had to have planned for them. If it passes both houses, I know that may or may not be as reliable as the last 3 or so years after his diag- Governor Bullock will sign that bill. our colleagues—the lawyers who ap- nosis of stage IV lung cancer. I guess it So, with that, we bid adieu to a great pear in front of judges, who go to court was 2 years ago. American, a great community man— every day, who have settlement con- I have a number of memories of somebody who literally gave it all for ferences, who rely on the word of their Jason from my days in the State legis- his country and his State and his town. colleagues, which is either good or bad, lature, when he showed up as a rel- We will miss you, Jason Baker. I yield the floor. who know their integrity and intel- atively young firefighter, to my days I suggest the absence of a quorum. ligence, who know whether they have as a U.S. Senator, when he showed up The PRESIDING OFFICER. The the temperament to sit in judgment of to my offices here in Washington, DC, clerk will call the roll. cases that will have enduring and ir- to advocate for firefighters’ issues. The bill clerk proceeded to call the reparable ramifications for the liti- More important than all of that, Jason roll. gants who appear in front of them. was a friend. He happened to also be a Mr. BLUMENTHAL. Madam Presi- Respecting the blue-slip tradition en- relative. He was somebody who, when dent, I ask unanimous consent that the sures that when there is a Federal judi- his wife’s grandfather passed away and order for the quorum call be rescinded. cial vacancy—for Connecticut, for ex- they had the funeral up in Havre, was The PRESIDING OFFICER. Without ample—that the President nominate a at the height of who he was as a human objection, it is so ordered. qualified candidate from Connecticut being. He wasn’t sick and hadn’t been NOMINATION OF ERIC D. MILLER with the advice and consent of Con- diagnosed with anything. He was just Mr. BLUMENTHAL. Madam Presi- necticut Senators. The same is true for vibrant and full of life. dent, we are in the midst of a stealth the Presiding Officer’s home State of

VerDate Sep 11 2014 01:13 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.028 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1466 CONGRESSIONAL RECORD — SENATE February 26, 2019 Tennessee or any of the other States that case as ‘‘a disgrace.’’ He painted taken extraordinary steps to rush this involved here. I am sure my colleagues the ruling of the Ninth Circuit as bi- nomination. Republicans held Mr. Mil- from Texas or North Carolina or wher- ased by describing one of the judges as ler’s confirmation hearing during an ever would want a Democratic Presi- an ‘‘Obama judge.’’ President Trump October recess, without the consent of dent to consult them when making ap- ultimately stated that the Ninth Cir- minority members of the committee, pointments to the courts that have ju- cuit is ‘‘not fair’’ because every case questioning him for just 5 minutes and risdiction over the people, the liti- the administration files in the Ninth then gaveling out. As you heard, only gants, the folks who have to go to Circuit results in a loss. two Senators were at that hearing. court with their grievances in their He has made no secret of his frustra- That is not regular order in the Senate. States. Blue slips may be a courtesy, tion about judges generally, whether Unfortunately, the Republican lead- but they are important to the func- they were chosen by Republican or ership continues to attack regular tioning of our society. Democratic Presidents in the past. He order in the Senate by attacking Sen- Until the Trump administration, has made no secret of his contempt for ate precedent. This nominee, if con- only five judges had ever been con- judges who uphold the rule of law and, firmed, will be the first circuit court firmed with only one blue slip in the as Chief Justice Roberts said, ‘‘do judge advanced without the support of last 100 years. That means one Senator equal right to those appearing before either of their home State Senators. from that State objected. Only five them.’’ That is the blue-slip process. went through with that one objection Chief Justice Roberts also stated The blue-slip process is an essential and with the other Senator saying OK. that an ‘‘independent judiciary is tradition of respecting the wishes of To our knowledge, no judge has ever something we should all be thankful each nominee’s home State Senators, been confirmed without having both for.’’ and it is the start of the advice and blue slips from their home State Sen- The nomination of Eric Miller be- consent process. ators. Eric Miller would be a first. trays that essential principle of the This is about our system of checks Sometimes it is good to be a first but American judiciary. It diminishes and and balances, respecting one another, not so here. We are witnessing another reduces the independence of our judici- and the prerogatives of the Senate that norm being shattered in realtime. We ary at a level that we can ill afford and ensure every Senator has a voice in the need to know from the majority: Is this at a time when independence is most selection of judges in their home State. the road we really want to go down in important. I think this nomination is This institutional check has never been this Chamber? particularly objectionable in light of more important than it is today be- I take my constitutional responsibil- that lack of independence. cause we have a President who under- Mr. Miller’s nomination is opposed ities very seriously, especially when it mines the legitimacy and impartiality by the National Congress of American comes to the confirmation of judges, as of the courts. Indians, the Native American Rights By bringing up this confirmation for someone who has spent most of my Fund, Winnebago Tribe of Nebraska, a vote before the Senate, Republican professional career in the courtroom, and NARAL Pro-Choice America be- leaders are circumventing Senators, ig- either as a lawyer in private practice cause of positions he has taken. Those noring the people we were elected to or a U.S. attorney for Connecticut or positions are also objectionable to me, represent, and damaging our critical as attorney general in my State for 20 but what is most important is his lack role in appropriately deliberating on years. lifetime judicial nominees and rep- This issue is important because not of independence, the lack of proper resenting the will of our constituents only is it a matter of courtesy, but it is process in his confirmation, and his who elected us. This is a dereliction of a matter of completeness. lack of qualifications for this job. I hope my colleagues will join me in the Senate’s duty, and it is an assault This nomination is a stealth nomina- voting against him today. on our institutions. tion in a very important sense, also, as Thank you. If confirmed, Mr. Miller will have a far as the process for his confirmation I yield the floor. lifetime appointment to one of the is concerned. Only one Senator—one The PRESIDING OFFICER. The Sen- highest courts in America. He will Senator—has actually asked him ques- ator from Nevada. make decisions on our Nation’s most tions on the record in public. That is Ms. CORTEZ MASTO. Mr. President, important issues and will have the because his confirmation hearing was I rise today to speak in opposition to power to change Americans’ lives. Yet scheduled at a time when only one the nomination of Eric Miller to the this Republican leadership believes a 5- Member of the U.S. Senate was there Ninth Circuit Court of Appeals. minute hearing is enough for a circuit to ask him questions. As an attorney and former attorney court nominee who doesn’t have the It was held during a month-long re- general, like my good colleague from support of his own home State Sen- cess in October. Only two members of Connecticut, I have a deep respect and ators. the committee—Senators Hatch and appreciation for our Federal judiciary. When the confirmation process is CRAPO—could attend the hearing. Only I believe that carefully guarding the rushed like this, critical information Senator CRAPO questioned Mr. Miller professional reputation of our Federal about the history and character of the for a 5-minute round of questions. bench is critical to maintaining re- nominees will be missed. These lapses All 10 Democratic members of the Ju- spect for the rule of law in our country. undermine the integrity of our con- diciary, including me, wrote to Senator The American people must be able to firmation process and ultimately un- GRASSLEY to have the hearing resched- trust that our Federal judges will be dermine the public’s faith in our Fed- uled. We asked, and he refused. We fair and neutral arbiters of any dispute eral judiciary. wrote Senator GRASSLEY again to have before them. So in considering whether I share many of the same concerns of a second hearing so that the full com- a nominee is deserving of the awesome Senators CANTWELL and MURRAY about mittee could provide advice and con- responsibility of a lifetime appoint- Mr. Miller’s views on Tribal sov- sent after questioning Mr. Miller’s ment to the Federal bench, we must ereignty and other critical issues. Mr. nomination. We had no success. carefully evaluate their professional Miller’s past work in undermining If Mr. Miller is confirmed, he will and personal qualifications to ensure Tribal sovereignty and Tribal rights have been questioned by that one Sen- that they are of the highest intellec- raises questions about how he would ator, Mr. CRAPO—out of 100—for a tual, professional, and moral caliber. treat Tribes who come before him as a grand total of 5 minutes. That is not I have carefully reviewed Mr. Miller’s circuit court judge. His confirmation the way this system should work. record, and I believe that he is the could have serious ramifications for I do take my constitutional respon- wrong candidate to fill this judicial Native communities in Washington, sibilities seriously. This process makes seat. I believe my Republican col- Nevada, and across the country. a sham of the obligations we all have a leagues know it. That is why they have Each one of us is elected to represent sworn duty to fulfill. made every effort to jam this con- our State and its people. Today’s move In conclusion, let me say that in No- firmation through. by the majority is nothing less than an vember of 2018, the Ninth Circuit ruled The majority-led Judiciary Com- assault on our oath to the Constitution against the President. He described mittee and Republican leadership have and our duty to serve our constituents.

VerDate Sep 11 2014 01:13 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.030 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1467 I urge my colleagues to vote no on Abandoning the blue-slip process and Hearing none, the question is, Will this nomination and stand together in instead bending to the will of a Presi- the Senate advise and consent to the a bipartisan way to confirm nominees dent, by the way, who has dem- Miller nomination? who reflect our States, our country, onstrated time and again his ignorance Mr. MCCONNELL. I ask for the yeas and respect the Senators. and disdain for the Constitution and and nays. Thank you. rule of law is a mistake. At a time The PRESIDING OFFICER. Is there a I yield the floor. when we have a President whose poli- sufficient second? I suggest the absence of a quorum. cies keep testing the limits of the There appears to be a sufficient sec- The PRESIDING OFFICER. The law—from a ban on Muslims entering ond. clerk will call the roll. the United States, to a family separa- The clerk will call the roll. The senior assistant legislative clerk tion policy at our southern border, to The senior assistant legislative clerk proceeded to call the roll. declaring a national emergency with- called the roll. Mrs. MURRAY. Mr. President, I ask out a real emergency—it is now more Mr. DURBIN. I announce that the unanimous consent that the order for important than ever that we have well- Senator from Arizona (Ms. SINEMA) is the quorum call be rescinded. qualified, consensus judges on the necessarily absent. The PRESIDING OFFICER. Without bench. The PRESIDING OFFICER (Ms. objection, it is so ordered. This new precedent of my Republican MCSALLY). Are there any other Sen- Mrs. MURRAY. Mr. President, I am colleagues turning a blind eye to the ators in the Chamber desiring to vote? here joining my colleagues on the floor blue slip and shunning longstanding bi- The result was announced—yeas 53, to sound the alarm because right now, partisan processes should stop every nays 46, as follows: this Senate is being steered down a one of my colleagues, Republican or [Rollcall Vote No. 29 Ex.] very dangerous path. I spoke last night Democratic, in their tracks because YEAS—53 today the two home State Senators left about this and laid out my case, and I Alexander Fischer Perdue am here again to make it one more holding their blue slips are me and my Barrasso Gardner Portman time. colleague Senator CANTWELL, but in Blackburn Graham Risch Republican leaders are now barreling the future, it could be any Member of Blunt Grassley Roberts Boozman Hawley Romney toward a confirmation vote on a Ninth this body. Today it is Washington Braun Hoeven State families who are getting cut out Rounds Circuit nominee—a flashpoint that, if Burr Hyde-Smith Rubio it succeeds, will mark a massive depar- from an important process. It is their Capito Inhofe Sasse Cassidy Isakson ture from the longstanding bipartisan concerns about Eric Miller’s long his- Scott (FL) Collins Johnson Scott (SC) process that has been in place for gen- tory of fighting against Tribal rights Cornyn Kennedy Shelby erations. It is a bipartisan process that that will be cast aside. But tomorrow Cotton Lankford it could be the concerns of any of your Cramer Lee Sullivan has helped this Senate put consensus Thune constituents and any of your home Crapo McConnell nominees on the bench for as long as Cruz McSally Tillis we have all been here. This is wrong, States that get tossed aside for a Presi- Daines Moran Toomey and it is the American people who we dent’s crusade to reshape our courts Enzi Murkowski Wicker represent who will be hurt. and satisfy their political base, and it Ernst Paul Young Let’s recap the facts. Neither I nor could be your constituents and your NAYS—46 my colleague Senator CANTWELL re- home States hurt by Senate leaders un- Baldwin Hassan Rosen turned a blue slip on the nomination of willing to stand up for norms and Bennet Heinrich Sanders Eric Miller to serve on the Ninth Cir- precedents and our constitutional Blumenthal Hirono Schatz Booker Jones Schumer cuit court. I have deep concerns about duty. Brown Kaine Again, I am here today to urge my Shaheen Mr. Miller’s work fighting against Cantwell King Smith Tribes. Despite our objections, Repub- colleagues to truly think about what Cardin Klobuchar Stabenow moving ahead with this nomination Carper Leahy Tester licans went ahead with Mr. Miller’s Casey Manchin means and to ask themselves, are we Udall confirmation hearing during a Senate Coons Markey Van Hollen still able to work together in a bipar- Cortez Masto Menendez recess when just two Senators—both Warner tisan way and find common ground for Duckworth Merkley Republicans—were able to attend, and Warren the good of the country and the people Durbin Murphy the hearing included less than 5 min- Feinstein Murray Whitehouse utes of questioning. It was a sham we serve? Can we still even engage in a Gillibrand Peters Wyden hearing. It was simply done to check bipartisan process to find consensus Harris Reed candidates to serve on our courts, or the box. NOT VOTING—1 will our work in the Senate be reduced For this Senate to go ahead and con- Sinema firm this Ninth Circuit court nominee to partisan extremes and political The nomination was confirmed. without the consent of or true input gamesmanship? Will Republicans ac- from both home State Senators and cept simply being a rubberstamp for f after a sham hearing—that would be a their leader in the White House? Will CLOTURE MOTION dangerous first for this Senate. my colleagues be complicit in allowing our courts to be taken over by ideology The PRESIDING OFFICER. Pursuant This is not a partisan issue; this is a to rule XXII, the Chair lays before the question of this Senate’s ability and alone, abandoning pragmatism and a commitment to justice for all? That is Senate the pending cloture motion, commitment to properly review nomi- which the clerk will state. nees. a choice every Senator faces now and, I sincerely hope, a choice for which The senior assistant bill clerk read as The only logical conclusion I can follows: draw as to why we are here at these every Senator will be held accountable. CLOTURE MOTION crossroads is that Republican leaders I yield the floor. I suggest the absence of a quorum. are hoping that most Americans won’t We, the undersigned Senators, in accord- The PRESIDING OFFICER. The ance with the provisions of rule XXII of the notice, that they are doing everything clerk will call the roll. Standing Rules of the Senate, do hereby in their power to pander to President The senior assistant legislative clerk move to bring to a close debate on the nomi- Trump and in doing that are trampling proceeded to call the roll. nation of Michael J. Desmond, of California, all over Senate norms in order to move Mr. MCCONNELL. I ask unanimous to be Chief Counsel for the Internal Revenue our courts to the far right. consent that the order for the quorum Service and an Assistant General Counsel in We are standing here today because the Department of the Treasury. call be rescinded. James E. Risch, Johnny Isakson, Todd this is too important and because the The PRESIDING OFFICER. Without short- and long-term consequences of Young, Mike Crapo, Pat Roberts, John objection, it is so ordered. Thune, Rob Portman, Roy Blunt, Thom letting any President steamroll the Mr. MCCONNELL. I know of no fur- Tillis, John Boozman, Roger F. Wicker, Senate on something as critical as our ther debate on the Miller nomination. James Lankford, Tim Scott, Steve judicial nominees are far too impor- The PRESIDING OFFICER. Is there Daines, Michael B. Enzi, John Hoeven, tant. further debate? Mitch McConnell.

VerDate Sep 11 2014 02:25 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.032 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1468 CONGRESSIONAL RECORD — SENATE February 26, 2019 The PRESIDING OFFICER. By unan- Many years ago, I was a young naval mistaken, but I believe those 13 Fed- imous consent, the mandatory quorum flight officer stationed at a mock field eral Agencies were acting under law call has been waived. naval air station in the Bay area out in signed by a Republican President. I be- The question is, Is it the sense of the California, preparing for the first of lieve it was George Herbert Walker Senate that debate on the nomination what would be three tours of duty in Bush. of Michael J. Desmond, of California, Southeast Asia during the Vietnam This report is the Fourth National to be Chief Counsel for the Internal war. I joined there with tens of thou- Climate Assessment. It was developed Revenue Service and an Assistant Gen- sands of people one day to celebrate over a 3-year period by more than 300 eral Counsel in the Department of the our country’s first-ever Earth Day. I Federal experts and non-Federal ex- Treasury, shall be brought to a close? will never forget it. perts who volunteered their time—who The yeas and nays are mandatory This was back when polluters volunteered their time. under the rule. dumped waste into our waterways with Here is a brief summary of their re- The clerk will call the roll. impunity. Garbage littered our shores, port: The science behind climate The senior assistant bill clerk called and too many rivers oozed instead of change is settled. Let me say that the roll. flowed. One of them was in Cleveland, again. The science behind climate Mr. DURBIN. I announce that the OH. The Cuyahoga River, north of change is settled. Senator from Arizona (Ms. SINEMA) is where I went to school at Ohio State, From our warming oceans to our at- necessarily absent. actually caught on fire. Factories mosphere, climate change is hap- The PRESIDING OFFICER. Are there spewed toxic fumes, and acid rain fell pening, and human activity, such as any other Senators in the Chamber de- from the sky. The urgency was clear burning fossil fuels, is greatly contrib- siring to vote? then, and it is even clearer today. uting to this crisis. The yeas and nays resulted—yeas 84, That very first Earth Day was a Our Nation’s scientists have found a nays 15, as follows: transformative experience for me, and direct link between climate change and [Rollcall Vote No. 30 Ex.] it will serve as an inspiration for me the extreme weather we experienced in YEAS—84 for the rest of my life. 2017, which altogether cost the Amer- As I look at what is happening across Alexander Ernst Paul ican economy more than $300 billion— Baldwin Feinstein Perdue our country today, I see the movement that is $300 billion in economic dam- Barrasso Fischer Peters for bold and transformative action to ages, more than any year before. Bennet Gardner Portman save our planet. I see the faces of those Blackburn Graham Risch Scientists are no longer asking if cli- Blumenthal Grassley Roberts who were there with me that day in mate change is happening but rather Blunt Hassan Romney Golden Gate State Park. how bad is it going to be. How bad is it Boozman Hawley Rosen I have had a lot of different jobs since going to be? Numbers and the facts Braun Heinrich Rounds then, but it is not lost on me that I Brown Hoeven Rubio don’t lie. It will only get worse if we do stand here today on the brink of yet Burr Hyde-Smith Sasse nothing. Cantwell Inhofe Scott (FL) another watershed moment as the top If we don’t act on climate change by Capito Isakson Scott (SC) Democrat on the Senate Committee on Cardin Johnson Shaheen 2050, wildfire seasons could burn up to Environment and Public Works—the Carper Jones Shelby six times—six times—more forest area committee that oversees our Nation’s Casey Kaine Smith every year. If we don’t act on climate Cassidy Kennedy Stabenow environmental laws—to talk about cli- change, we will see more extreme Collins King Sullivan mate change. Coons Lankford Tester In the days and weeks ahead, Senator flooding that devastates small commu- Cornyn Leahy Thune nities like Ellicott City, MD, not far Cortez Masto Lee Tillis MCCONNELL intends to engage in a ploy Cotton Manchin Toomey to try and undermine the Green New from here, which has been hit by not Cramer McConnell Udall one 1,000-year flood in the past year Crapo McSally Van Hollen Deal by calling a vote for a resolution he does not even support. I believe he but two. These are floods that are sup- Cruz Moran Warner posed to occur maybe once every 1,000 Daines Murkowski Wicker hopes that, in turn, there may be some Durbin Murphy Wyden disruption and damage inflicted on the years. They had two of them in the last Enzi Murray Young Democratic Party and the climate 2 years. NAYS—15 change movement. If we don’t act on climate change, Booker Klobuchar Sanders To the American people, hear this; it rising temperatures, combined with in- Duckworth Markey Schatz is a simple message: We cannot—we creasingly frequent and severe rain, Gillibrand Menendez Schumer will not—allow cynicism to win, not mean farmers are likely to experience Harris Merkley Warren a reduction in corn and soybean yields Hirono Reed Whitehouse now and not with so much at stake. When it comes to climate action, by up to 25 percent. If we don’t act on NOT VOTING—1 there could not be a starker difference climate change, we will see more dead- Sinema in this Chamber between the Demo- ly category 5 hurricanes and storm The PRESIDING OFFICER. On this cratic Party and the Republican Party surges like the ones we saw with Hurri- vote, the yeas are 84, the nays are 15. in this debate. canes Irma and Maria just 2 years ago. The motion is agreed to. We, as Democrats, may not agree on If we do not act on climate change, f exactly how we should address climate we will see economic pain across every major sector of our economy in this EXECUTIVE CALENDAR change, but we all agree it is hap- pening. We agree that human activity country. The 2018 National Climate As- The PRESIDING OFFICER. The is the main cause, and we agree that sessment concludes that at the end of clerk will report the nomination. we must act now. this century, climate change could The senior assistant bill clerk read Democrats know that climate science slash our gross domestic product by 10 the nomination of Michael J. Desmond, isn’t part of some grand hoax. It is not percent. of California, to be Chief Counsel for an alarmist prediction. It doesn’t come How much is that compared to what? the Internal Revenue Service and an from some left-leaning organization. It Well, compared to the losses we sus- Assistant General Counsel in the De- doesn’t come from talk radio. It comes tained in the great recession just a dec- partment of the Treasury. directly from our Nation’s leading sci- ade ago, 10 percent is more than double The PRESIDING OFFICER. The Sen- entists and leading scientists from all those losses—more than double. ator from Delaware. around the world. It doesn’t matter if you are from a CLIMATE CHANGE Just 3 months ago, 13 Federal Agen- coastal State or from a landlocked Mr. CARPER. Madam President, I cies released a comprehensive climate State. I have lived in both. It doesn’t rise this evening to speak on a subject report that described the dire economic matter if you care about public health that, with the groundswell of activism, and health consequences we face if we or the environment or if you care has once again captured national at- fail to take meaningful action to ad- about our economy or national secu- tention—and rightfully so. dress climate change now. I may be rity. The fact is, every person living in

VerDate Sep 11 2014 03:55 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.036 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1469 this country will eventually see or ex- country went to work today in the not yet approach the scale necessary to perience the effects of climate change clean energy sector—3 million and avoid substantial damages to the econ- if they haven’t already done so today. growing. omy, environment, and human health. We have two options. We confront Democrats know we must build on These are Earth-shattering reports this challenge head on—reduce carbon this progress, and that is why we con- about the state of our Earth. These are emissions, enhance resiliency, and sup- tinue to support policies that reduce the doomsday reports about what hap- port millions of new clean energy our Nation’s carbon footprint, help cre- pens if we do not take bold action. jobs—or we could choose to ignore the ate a fair economy, and support those problem and pass the buck. To whom? most vulnerable to climate effects, but The dire consequences of climate To our children, to their children, and in the U.S. Senate, as in most places, it change, in fact, are arriving. A tenfold to their children. takes two to tango, and for over two increase in ice-free summers in the Senator MCCONNELL, President decades Democrats have put forth dif- Arctic, 99 percent loss of coral reefs, Trump, and Andrew Wheeler at EPA ferent policies that use market forces, and a doubling of species lost around want to pass the buck. They prefer to make big investments in technology, the world. In the Northeast, in worst- walk away from the growing threat we or set strict standards. We have done case scenarios, by the end of the cen- face. Instead of pursuing any ideas to them all, and we don’t seem to get very tury, both the Massachusetts Institute address climate change and protect far with our friends on the other side of of Technology and Logan Airport will Americans from its effect, sadly, the this aisle. I know because I have co- be under water, and over 20 percent of Trump administration has promoted sponsored many of these efforts. Boston’s population will face flood policies that increase our dependency Let me just say this. We are not risk. going to give up. We are going to keep on dirty energy. The climate emissions are not slow- President Trump has even said he on trying. We will not back down. We ing down. In 2018, emissions increased doesn’t believe in climate change. He are going to stand our ground. 2.8 percent. We have the ‘‘Denier in doubts the credibility of his own sci- Let me leave our colleagues with this Chief’’ in the White House, and this entists at NASA and at NOAA, as well message today. This should not be an as 97 percent of the global scientific issue. Climate action should not be an week Republicans in the Senate are community. Continuing to misinform issue that divides us as a body. It poised to confirm a coal lobbyist to the American people and delay real cli- shouldn’t divide us as a country or as a head the Environmental Protection mate action puts American lives and world. It should unify us. Agency. I thank Senator MCCONNELL in ad- our economy at risk. During his confirmation hearing, vance for allowing the Senate to devote It doesn’t have to be this way. As when I asked whether he agreed with Democrats, we choose to confront cli- a fulsome period of time to this impor- tant discussion. How we choose to act the conclusions of the National Cli- mate change. We choose to do so now. today will not decide our fates. How we mate Assessment report, Mr. Wheeler We know our communities are feeling choose to act today will decide the said he still needed additional briefings the pain now from the climate crisis fates of generations of Americans—not before he could make a public com- because we see the effects of climate just our fates but generations of Amer- ment on it. Let me repeat that. The change every day across this country. icans that will be on this Earth long nominee of Donald Trump to run the We may not yet agree on exactly how after the rest of us are gone. So let’s Agency charged with protecting the we must address climate change, but get to work. Time is wasting. Let’s get planet from climate change had not we all agree on three things. Here they to work. even sufficiently reviewed the climate are. One, we agree climate change is I yield the floor to the Senator from report from our own Federal Agencies real; two, human activity during the Massachusetts, who has done great before his confirmation hearing. He last 100 years is a dominant cause of work on this for as long as I have been the climate crisis we face today; and also said he considered the report to be alive—almost as long as I have been a representation of the worst-case sce- three, the United States, and especially alive, my friend and my colleague who the Congress, that is us, the House and nario and that what we face is ‘‘a cli- has been a giant on these issues for a mate issue.’’ the Senate, and the administration long time and continues to be. should take immediate action to ad- I yield the floor. Well, the worst-case scenario is one dress the challenge of climate change. Mr. MARKEY. Madam President, I in which the Republican Senate will That is why I will be introducing a thank our great leader on the Environ- confirm a former coal lobbyist to head resolution that says just that. Demo- ment Committee for his visionary work the Environmental Protection Agency. crats know we can have a healthy cli- on this issue. I am here for the same The worst-case scenario is the Trump mate and a strong economy. They are purpose today. I am here to talk about administration’s plans to roll back the not mutually exclusive. Anyone who climate change, about our climate cri- Clean Power Plan and the fuel econ- says otherwise is preaching a false sis, and about the mistake it would be omy emission standards, the single choice. to put Andrew Wheeler in charge of the largest steps we have ever taken to ad- Democrats know this because of the Environmental Protection Agency. dress climate change. We are in a work we started with President Obama Climate change is an existential worst-case scenario, and we need to in the White House, where we accom- threat to our country and to the plan- dramatically change course. plished real actions to put this Nation et. We know this because the world’s on a path of net zero emissions. Our leading scientists, the United Nation’s That should start by not confirming Republicans friends across the aisle Intergovernmental Panel on Climate Andrew Wheeler, a coal lobbyist, to run should know this because of the work Change, just made that warning late the Agency charged with protecting done by the former President, the late last year. It is an existential threat to our planet. Andrew Wheeler’s answers George Herbert Walker Bush, years the planet. on the climate crisis should be dis- earlier that I just alluded to a minute The U.N. report told us we have very qualifying. His record as a coal lob- ago. limited time until we are past the byist should be disqualifying. We During the Obama administration, point of no return, and the most cata- should come together and reject An- starting with the Recovery Act, the strophic impacts of climate change are drew Wheeler as the head of the EPA. Federal Government provided eco- irreversible. The impact of climate change on or- nomic incentives, environmental tar- Our own Federal scientists across 13 dinary families on their health, on our gets, and supported market develop- Agencies also just warned in the Na- Nation, on our security, and on our fu- ments to encourage investments in the tional Climate Assessment that the im- ture is too urgent. We must be bold. We clean energy of the future. pacts of climate change are not in the must be ambitious. Thanks to the investments during future, but they are happening in our the previous administration, con- communities right now. That is why I have introduced the sumers are paying less for energy, and Here is what all 13 U.S. Federal Green New Deal resolution. It lays out more than 3 million people in this Agencies said. They said our efforts do a serious, bold, aspirational set of goals

VerDate Sep 11 2014 03:55 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.039 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1470 CONGRESSIONAL RECORD — SENATE February 26, 2019 that meet the scale of the threat we have 350,000 people who are employed. that the only people who are watching are facing. It is a set of principles, not That didn’t happen 10 years ago; it is this conversation are fossil fuel indus- prescriptions. The Green New Deal will happening today. try lobbyists and CEOs and election- allow us to engage in massive job cre- The Green New Deal is not just a res- eers. ation to save all of creation. It calls for olution; it is a revolution. Republicans So we are going through, shortly, a a massive 10-year mobilization to and climate deniers are taking mathe- truly preposterous exercise on the floor transform our climate, our economy, matical liberties to say it would cost of the Senate, which is that a party our democracy. It is about jobs and jus- too much to act, but the cost of inac- that has brought up no significant leg- tice. tion on climate will be far higher. Over islation in the time that Leader An overwhelming number of Ameri- just the past 2 years, the cost of storms McConnell has had the floor is now cans support climate action, and a ma- and the cost of fires in our country cre- going to bring its first measure related jority of Americans support a Green ated over $400 billion in damages. By to climate for a floor vote, and it is New Deal. Never in our history have the end of this century, it will be tens something they intend to vote against. the interests of all Americans been so of trillions of dollars that we will lose. It is something they intend to vote united in a single issue: climate An ounce of prevention is worth a against. When you bring a measure to change. pound of cure. If we start today, we can the floor that it is your intention to From the air we breathe to the jobs avoid the worst, most catastrophic vote against, that is not legislating. that employ us, to the neighborhoods consequences. For those who say we Something else is going on. we live in, to the economy we operate can’t afford to act to address this cri- Now I think this was a very clever within, climate change defines our ex- sis, I say we can’t afford not to. stunt. We don’t know quite where it istence. This is the time for serious so- The question is, Will any Republican was cooked up, but we have observed lutions. Global temperatures are the stand up to fight for these goals? The that the Wall Street Journal editorial highest in recorded history. Wealth in- Republican Party is about to confirm a page is a relentless mouthpiece for the equality is at its highest point since coal lobbyist to run the Environmental fossil fuel industry, having published the era of the Great Depression. The Protection Agency. That is where we climate denial articles literally within erosion of our coastlines, the erosion of are in 2019, with the worst scientific re- the last year. The Wall Street Journal earning power of workers, the pollution ports coming from the U.N. and our editorial page called for this stunt of our planet, the pollution of our de- own scientists—a threat of an existen- vote, and it was less than 24 hours be- mocracy by Big Oil and Koch brothers tial risk for the planet—and we are fore the Republicans in the Senate financing, the relationship between about to confirm a coal lobbyist. jumped up, scampered out, and did ex- these ills and injustices is undeniable, Ladies and gentlemen, we have to be actly what they were told to do by the but the challenge is not insurmount- bold the way President Kennedy was in fossil fuel industry’s mouthpiece, the able. 1962 when he called for a mission to the Wall Street Journal editorial page. It will only be through a historic Moon to be accomplished within 10 I am sure there were champagne intergenerational commitment to end years. He said it would not be easy. He corks banging into the ceilings of the climate change that we create the kind said we would have to invent metal boardrooms for ExxonMobil, Ameri- of democracy that works for all Ameri- that did not exist and propulsion sys- cans for Prosperity, and the Koch In- cans. This Green New Deal mobiliza- tems that did not exist. He said we dustries as all of these fossil fuel ex- tion will make the United States the would have to bring that mission back ecutives and lobbyists cheered this global leader on clean energy and cli- safely through heat half the intensity stunt. But in the Senate, we actually mate action. of the Sun, and we would have to do so have a larger audience than just fossil This mobilization will be the greatest safely within 10 years so that we could fuel donors; the country is watching blue-collar jobs program in a genera- control outer space. We did that, ladies and the world is watching, and what tion. This mobilization will be an op- and gentlemen, and we can do it again. they are seeing right now is, frankly, portunity to repair the historic oppres- We have to accept this challenge. We an embarrassment. sion of frontline and vulnerable com- can do it. We can unleash an innova- It is not just this stunt that reflects munities that have borne the worst tion revolution in our country, and a broken Senate; it is a much larger burdens of pollution from our fossil again we will do it to save all creation problem of a Senate that cannot deal fuel economy—these communities that by engaging in massive job creation, a with the climate change issue in a bi- also will be the most affected and the blue-collar revolution hiring millions partisan fashion. least able to respond to the impacts of of workers to do this job. I would state that when I got here in I thank you, Madam President. This climate change. The Green New Deal 2007, the Senate could deal with cli- is a very important week before us. mate change in a bipartisan fashion. In represents an opportunity to lift up all I yield back to my colleague. 2008, the Senate could deal with cli- workers and all communities. The PRESIDING OFFICER. The Sen- mate change in a bipartisan fashion. In President Roosevelt was right when ator from Rhode Island. he said about the New Deal that Mr. WHITEHOUSE. Madam Presi- 2009, the Senate could deal with cli- ‘‘statesmanship and vision, my friends, dent, I am honored to follow the distin- mate change in a bipartisan fashion. require relief to all at the same time.’’ guished ranking member on our Envi- The reason I know that is because I We are talking about a historic, 10- ronment and Public Works Committee was here then, and I saw as many as year mobilization that will mitigate and one of the coauthors of the Wax- five bipartisan efforts to deal with cli- climate emissions and build climate re- man-Markey bill—the one significant mate change during that period, with siliency. We have acted on this scale piece of climate legislation that has different Republican and Democratic before, and we must do it again. passed a House of Congress—and to add Senators. Then along came the Citizens We have already laid the foundation my voice. United decision in January 2010, and for our climate future. In 2008, we had Mr. MARKEY. Would the Senator from that moment after, it was like only 1,200 megawatts of total solar ca- yield? watching a patient drop dead in the pacity in the United States. Today, we Mr. WHITEHOUSE. Gladly. emergency room. The heartbeat of ac- have 65,000 megawatts. In 2008, we had Mr. MARKEY. I just want to say that tivity on climate change just flatlined only 25,000 megawatts of total wind ca- there is no climate warrior like SHEL- on the Republican side of this Cham- pacity. Today, we have 98,000 DON WHITEHOUSE from Rhode Island. He ber. megawatts of wind capacity. In 2008, is up every day of his life on this issue, I think the fossil fuel industry—I there were only 2,500 all-electric vehi- and when he speaks, he speaks with au- know the fossil fuel industry asked for cles in our country. Today, we have 1 thority. I just want to say what an that decision from the Supreme Court million, with 500,000 new all-electric honor it is to be here today. and the five Republican Justices. I vehicles to be sold this year. Most of Mr. WHITEHOUSE. It goes the other think they anticipated what the deci- all, what we have seen over the past 10 way. sion was going to be, and they imme- years is a growing movement for cli- Sometimes it seems that our friends diately went to work to squelch and mate action. In wind and solar, we now on the other side of the aisle think crush any dissent from their orthodoxy

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.040 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1471 on that side of the aisle. The result has sen to head the EPA—a fossil fuel lob- byist who would be overseeing the been that there has been no significant byist—when there has not been a bill same special interests who have paid piece of climate legislation to reduce on this floor or any motion coming his salary. Andrew Wheeler is just the carbon dioxide emissions and to deal from Senator MCCONNELL to deal with latest in a long line of cronies from the with this problem since Citizens United climate change, to deal with one of the fossil fuel industry who President that any of our colleagues now will co- greatest if not the greatest moral issue Trump has put in charge at the EPA sponsor or support. It has just been si- of our times—nothing on this floor. and the Department of the Interior. lent, and it is a dramatic failure in this You heard what Senator MARKEY said. Climate change is not a future prob- greatest deliberative body. This administration has done nothing lem. It does damage to this country I will state, as others have stated, as to address this issue, and President right now. It is threatening thousands Ranking Member CARPER and Senator Trump selects a fossil fuel lobbyist to of Ohio workers who rely on Lake Erie MARKEY have said, that the science on be head of the EPA. It is the same for their livelihood, whether it is tour- this is now beyond dispute. The science thing over and over again. ism or other industries that rely on on this is irrefutable. If we fail to deal We have to take aggressive action to clean water. with this problem, the consequences protect our planet and protect our fu- Climate change makes algal blooms will be catastrophic and irreversible. ture now. That means accelerating our worse. Off the shores of Toledo, it con- ‘‘Irrefutable science.’’ ‘‘Catastrophic transition to carbon-free power. It taminates our lake, threatens our and irreversible consequences.’’ I am means investing in technologies that drinking water, and hurts small busi- actually quoting somebody when I say make our manufacturers the most en- ness. Nobody on that side of the aisle that. Do you know whom I am quoting? ergy efficient in the world. It means seems to give a darn. I have talked to farmers who have I am quoting from 2009 Donald Trump— creating jobs in clean energy all been farming in the Western Lake Erie Donald Trump, Donald Trump, Jr., around the country. Basin for decades. They tell me they Eric Trump, Ivanka Trump, and the I have always, as a House Member are experiencing heavier rain events living in Lorain, OH, and as a Member Trump Organization signed this full- more often and with greater intensity of the Senate—for years, I have always page advertisement in the New York compared to even 15 years ago. Hotter refused to accept the idea that you Times in 2009. ‘‘If we fail to act now,’’ summers and shorter winters will only have to choose between good environ- they said, ‘‘it is scientifically irref- make this problem worse. utable that there will be catastrophic mental policy and good-paying jobs. It is time for the President of the and irreversible consequences for hu- We have proved that is simply not true. United States to stop sabotaging the manity and our planet.’’ So as much as We have proved it in my State, where country he is supposed to lead. It is the fossil fuel-funded mockery in which we have lots of wind turbines, made past time to rejoin the Paris Agree- the Republican Party has engaged, usually with American-made steel. We ment, to restart the Clean Power Plan, challenges these facts, even the have proved it in Toledo, where we and to implement aggressive fuel econ- Trumps knew this a decade ago. have one of the biggest solar energy omy standards for cars and trucks. It is In trying to describe the Green New manufacturers in the country. We time to create new jobs in clean energy Deal, one might describe it as some- proved it in the auto industry, where and energy-efficient manufacturing. It thing that, if you invested in it, would the auto industry has generally had a is time for the United States to be the ‘‘drive state-of-the-art technologies pretty good decade making more fuel- leader the world looks to. It is time to that will spur economic growth, create efficient cars. We put Americans to take this threat seriously to preserve new energy jobs, and increase our en- work, and we can change course on cli- our country for our children, and their ergy security all while reducing the mate change before it is too late. children, and their children’s children harmful emissions that are putting our MITCH MCCONNELL and President before it is too late. planet at risk.’’ That is a pretty good Trump seem to think climate change— S. 311 capsule of the Green New Deal. that is notwithstanding what Senator Madam President, yesterday we saw Guess what Donald Trump and his WHITEHOUSE said—is a joke. I have yet another attempt by Republican family said in the same advertisement. news for them. Climate change is not politicians to put themselves in the Investing in a Clean Energy Economy will something to play political games middle of the sacred doctor-patient re- drive state-of-the-art technologies that will with; it is a crisis we need to confront lationship and to take away the free- spur economic growth, create new energy and set an example around the world. dom of women to make their own jobs, and increase our energy security all It is a crisis we need to confront and to healthcare decisions. Supporters of this while reducing the harmful emissions that set an example for our partners around are putting our planet at risk. bill, including President Trump, have the world. spread lies and they spread misin- All you have to do is listen to the It would be shameful enough to have formation. 2009 Donald Trump to understand that no ideas and no plan to confront our This bill is about intimidating doc- the science of climate change was then biggest threats. But not only do Presi- tors. It is about making it harder for irrefutable and it is even stronger now dent Trump and Leader McConnell women to get comprehensive care, and and that the consequences of our fail- have no plan, not only are they deny- they simply don’t care. It is despicable. ure to act and our obedience, our ad- ing the problem, and not only are they That is why doctors and medical ex- herence to fossil fuel-funded propa- standing in the way of solutions, but perts oppose this bill. Let me give you ganda and orthodoxy will lead to con- they are actually working to make cli- a few: the American College of Nurse- sequences that are catastrophic and ir- mate change worse. It is just des- Midwives, the American College of Ob- reversible—said a decade ago. We have picable. stetricians and Gynecologists, the had 10 more years of unrestricted emis- They are spreading lies and stacking American Medical Women’s Associa- sions since then. the administration with shills for the tion, the American Public Health Asso- Just the basic tenets of the Green fossil fuel industry. They stacked the ciation, the American Society for Re- New Deal are ‘‘a clean energy economy administration with Wall Street cro- productive Medicine, and the Associa- [that] will drive state-of-the-art tech- nies to do bank regulation. They tion of Physician Assistants in Obstet- nologies that will spur economic stacked the administration with fossil rics and Gynecology. The list goes on growth, create new energy jobs, and in- fuel cronies and shills to do energy and and on. crease our energy security.’’ climate and environmental regulation. Yet President Trump and most Re- With the words of Donald Trump, I We got news this week that the publican politicians—most Republican rest my case and yield the floor. White House is going to use your tax- Members of the Senate—think they The PRESIDING OFFICER. The Sen- payer dollars to set up a panel to pro- know better than you and your doctor. ator from Ohio. mote junk science and spread the de- It is nothing new. We have seen it over Mr. BROWN. Madam President, think bunked conspiracy theory that climate and over. Washington politicians— about what we just heard, first from change is a hoax. most of them men—are obsessed with Senator MARKEY talking about a fossil This week we will vote on the Presi- trying to insert themselves into wom- fuel lobbyist in the year 2019 being cho- dent’s nominee to head the EPA, a lob- en’s private healthcare decisions. They

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.045 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1472 CONGRESSIONAL RECORD — SENATE February 26, 2019 just can’t help themselves. But those laid upon the table and the President (c) will tend to charge an individual with a decisions should be and are between a be immediately notified of the Senate’s crime or misconduct, to disgrace or injure woman and her doctor—period. That is action; finally, that there be 2 minutes the professional standing of an individual, or why we defeated this bill yesterday. It of debate equally divided prior to the otherwise to expose an individual to public contempt or obloquy or will represent a is why I will always support women’s cloture vote on the Wheeler nomina- clearly unwarranted invasion of the privacy freedom to make their own healthcare tion. of an individual; decisions. The PRESIDING OFFICER. Without (d) will disclose the identity of any in- I suggest the absence of a quorum. objection, it is so ordered. former or law enforcement agent or will dis- The PRESIDING OFFICER. The f close any information relating to the inves- clerk will call the roll. tigation or prosecution of a criminal offense LEGISLATIVE SESSION The senior assistant legislative clerk that is required to be kept secret in the in- terests of effective law enforcement; proceeded to call the roll. (e) will disclose information relating to the Ms. MURKOWSKI. Madam President, MORNING BUSINESS trade secrets or financial or commercial in- I ask unanimous consent that the order Ms. MURKOWSKI. Madam President, formation pertaining specifically to a given for the quorum call be rescinded. I ask unanimous consent that the Sen- person if— (1) an Act of Congress requires the infor- The PRESIDING OFFICER. Without ate proceed to legislative session for a objection, it is so ordered. mation to be kept confidential by Govern- period of morning business, with Sen- ment officers and employees; or NATURAL RESOURCES MANAGEMENT ACT ators permitted to speak for up to 10 (2) the information has been obtained by Ms. MURKOWSKI. Madam President, minutes each. the Government on a confidential basis, before I wrap for the end of the day at The PRESIDING OFFICER. Without other than through an application by such the request of the leader, I want to objection, it is so ordered. person for a specific Government financial or other benefit, and is required to be kept se- share my thanks, my appreciation— f truly, my appreciation—for an action cret in order to prevent undue injury to the that the House just took up. SENATE COMMITTEE ON ARMED competitive position of such person; or SERVICES RULES OF PROCEDURE (f) may divulge matters required to be kept It was just about an hour or so ago confidential under other provisions of law or that the House took up the bill that we Mr. INHOFE. Madam President, the Government regulations. had passed out of the Senate here, our rules governing the procedure of the 5. Presiding Officer—The Chairman shall lands and water conservation bill, Committee on Armed Services have preside at all meetings and hearings of the which was a very significant measure not changed for the 116th Congress. Committee except that in his absence the of about 120 different conservation, Pursuant to rules XXVI, paragraph 2, Ranking Majority Member present at the lands, waters, and sportsmen’s bills— of the Standing Rules of the Senate, on meeting or hearing shall preside unless by majority vote the Committee provides other- all rolled into one package—that behalf of myself and Senator REED, I wise. passed out of here by 92 to 8. It just ask unanimous consent that a copy of 6. Quorum—(a) A majority of the members passed out of the House by a signifi- the committee rules be printed in the of the Committee are required to be actually cant, significant margin. RECORD. present to report a matter or measure from It is, I think, a real testament not There being no objection, the mate- the Committee. (See Standing Rules of the only to the work that has been done rial was ordered to be printed in the Senate 26.7(a)(1)). within this body on a very strong bi- RECORD, as follows: (b) Except as provided in subsections (a) and (c), and other than for the conduct of UNITED STATES SENATE partisan basis but, really, to the work hearings, nine members of the Committee, that we have done with the House, in COMMITTEE ON ARMED SERVICES including one member of the minority party; our working with the other body in a RULES OF PROCEDURE, 116TH CONGRESS or a majority of the members of the Com- bipartisan, bicameral way. I think it 1. Regular Meeting Day—The Committee mittee, shall constitute a quorum for the goes a long way to showing that we shall meet at least once a month when Con- transaction of such business as may be con- really can come together as a Congress gress is in session. The regular meeting days sidered by the Committee. on issues that are important to each of of the Committee shall be Tuesday and (c) Three members of the Committee, one of whom shall be a member of the minority us individually. Thursday, unless the Chairman, after con- sultation with the Ranking Minority Mem- party, shall constitute a quorum for the pur- I give my thanks and my apprecia- ber, directs otherwise. pose of taking sworn testimony, unless oth- tion to Chairman GRIJALVA, to Mr. 2. Additional Meetings—The Chairman, erwise ordered by a majority of the full Com- BISHOP, who was the former chairman after consultation with the Ranking Minor- mittee. of that committee and who worked on ity Member, may call such additional meet- (d) Proxy votes may not be considered for this with us last year, and to all of ings as he deems necessary. the purpose of establishing a quorum. their teams, as well as to the House 3. Special Meetings—Special meetings of 7. Proxy Voting—Proxy voting shall be al- leadership, which has helped to ad- the Committee may be called by a majority lowed on all measures and matters before the of the members of the Committee in accord- Committee. The vote by proxy of any mem- vance this to this moment in time. ance with paragraph 3 of Rule XXVI of the ber of the Committee may be counted for the We look forward to the President’s Standing Rules of the Senate. purpose of reporting any measure or matter signing that very, very shortly, and I 4. Open Meetings—Each meeting of the to the Senate if the absent member casting know that it will come as a real posi- Committee, or any subcommittee thereof, such vote has been informed of the matter on tive moment for so many. I thank all including meetings to conduct hearings, which the member is being recorded and has who helped us with this. shall be open to the public, except that a affirmatively requested that he or she be so meeting or series of meetings by the Com- recorded. Proxy must be given in writing. UNANIMOUS CONSENT AGREEMENT—EXECUTIVE mittee or a subcommittee thereof on the 8. Announcement of Votes—The results of CALENDAR same subject for a period of no more than all roll call votes taken in any meeting of Ms. MURKOWSKI. Madam President, fourteen (14) calendar days may be closed to the Committee on any measure, or amend- I ask unanimous consent that with re- the public on a motion made and seconded to ment thereto, shall be announced in the spect to the Miller nomination, the go into closed session to discuss only wheth- Committee report, unless previously an- motion to reconsider be considered er the matters enumerated below in clauses nounced by the Committee. The announce- made and laid upon the table and that (a) through (f) would require the meeting to ment shall include a tabulation of the votes the President be immediately notified be closed, followed immediately by a record cast in favor and votes cast in opposition to each such measure and amendment by each of the Senate’s action. vote in open session by a majority of the members of the Committee or subcommittee member of the Committee who was present The PRESIDING OFFICER. Without when it is determined that the matters to be at such meeting. The Chairman, after con- objection, it is so ordered. discussed or the testimony to be taken at sultation with the Ranking Minority Mem- ORDER OF PROCEDURE such meeting or meetings— ber, may hold open a roll call vote on any Ms. MURKOWSKI. Madam President, (a) will disclose matters necessary to be measure or matter which is before the Com- I ask unanimous consent that the kept secret in the interests of national de- mittee until no later than midnight of the fense or the confidential conduct of the for- day on which the Committee votes on such postcloture time on the Desmond nom- eign relations of the United States; measure or matter. ination expire at 12:15 p.m. tomorrow; (b) will relate solely to matters of Com- 9. Subpoenas—Subpoenas for attendance of further, that if confirmed, the motion mittee staff personnel or internal staff man- witnesses and for the production of memo- to reconsider be considered made and agement or procedure; randa, documents, records, and the like may

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.041 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1473 be issued, after consultation with the Rank- 13. Legislative Calendar—(a) The clerk of (c) (1) A majority of the members of the ing Minority Member, by the Chairman or the Committee shall keep a printed calendar Select Committee shall constitute a quorum any other member designated by the Chair- for the information of each Committee mem- for the transaction of business involving man, but only when authorized by a major- ber showing the bills introduced and referred complaints or allegations of, or information ity of the members of the Committee. The to the Committee and the status of such about, misconduct, including resulting pre- subpoena shall briefly state the matter to bills. Such calendar shall be revised from liminary inquiries, adjudicatory reviews, which the witness is expected to testify or time to time to show pertinent changes in recommendations or reports, and matters re- the documents to be produced. such bills, the current status thereof, and lating to Senate Resolution 400, agreed to 10. Hearings—(a) Public notice shall be new bills introduced and referred to the May 19, 1976. given of the date, place and subject matter of Committee. A copy of each new revision (2) Three members shall constitute a any hearing to be held by the Committee, or shall be furnished to each member of the quorum for the transaction of routine busi- any subcommittee thereof, at least 1 week in Committee. ness of the Select Committee not covered by advance of such hearing, unless the Com- (b) Unless otherwise ordered, measures re- the first paragraph of this subparagraph, in- mittee or subcommittee determines that ferred to the Committee shall be referred by cluding requests for opinions and interpreta- good cause exists for beginning such hear- the clerk of the Committee to the appro- tions concerning the Code of Official Con- ings at an earlier time. priate department or agency of the Govern- duct or any other statute or regulation (b) Hearings may be initiated only by the ment for reports thereon. under the jurisdiction of the Select Com- specified authorization of the Committee or 14. Except as otherwise specified herein, mittee, if one member of the quorum is a subcommittee. the Standing Rules of the Senate shall gov- member of the majority Party and one mem- (c) Hearings shall be held only in the Dis- ern the actions of the Committee. Each sub- ber of the quorum is a member of the minor- trict of Columbia unless specifically author- committee of the Committee is part of the ity Party. During the transaction of routine ized to be held elsewhere by a majority vote Committee, and is therefore subject to the business any member of the Select Com- of the Committee or subcommittee con- Committee’s rules so far as applicable. mittee constituting the quorum shall have ducting such hearings. 15. Powers and Duties of Subcommittees— the right to postpone further discussion of a (d) The Chairman of the Committee or sub- Each subcommittee is authorized to meet, pending matter until such time as a major- committee shall consult with the Ranking hold hearings, receive evidence, and report ity of the members of the Select Committee Minority Member thereof before naming wit- to the full Committee on all matters referred are present. nesses for a hearing. to it. Subcommittee chairmen, after con- (3) The Select Committee may fix a lesser (e) Witnesses appearing before the Com- sultation with Ranking Minority Members of number as a quorum for the purpose of tak- mittee shall file with the clerk of the Com- the subcommittees, shall set dates for hear- ing sworn testimony. mittee a written statement of their proposed ings and meetings of their respective sub- (d) (1) A member of the Select Committee testimony prior to the hearing at which they committees after consultation with the shall be ineligible to participate in— are to appear unless the Chairman and the Chairman and other subcommittee chairmen (A) any preliminary inquiry or adjudica- Ranking Minority Member determine that with a view toward avoiding simultaneous tory review relating to— there is good cause not to file such a state- scheduling of full Committee and sub- (i) the conduct of— ment. Witnesses testifying on behalf of the committee meetings or hearings whenever (I) such member; Administration shall furnish an additional 50 possible. (II) any officer or employee the member copies of their statement to the Committee. supervises; or All statements must be received by the Com- f (III) any employee of any officer the mem- mittee at least 48 hours (not including week- SENATE SELECT COMMITTEE ON ber supervises; or ends or holidays) before the hearing. ETHICS RULES OF PROCEDURE (ii) any complaint filed by the member; (f) Confidential testimony taken or con- and fidential material presented in a closed hear- Mr. ISAKSON. Madam President, in (B) the determinations and recommenda- ing of the Committee or subcommittee or accordance with rule XXVI, paragraph tions of the Select Committee with respect any report of the proceedings of such hearing 2 of the Standing Rules of the Senate, to any preliminary inquiry or adjudicatory shall not be made public in whole or in part I ask unanimous consent, for myself as review described in subparagraph (A). or by way of summary unless authorized by chairman of the Select Committee on For purposes of this paragraph, a member a majority vote of the Committee or sub- of the Select Committee and an officer of the Ethics and for Senator CHRISTOPHER A. committee. Senate shall be deemed to supervise any offi- (g) Any witness summoned to give testi- COONS, vice chairman of the com- cer or employee consistent with the provi- mony or evidence at a public or closed hear- mittee, that the rules of procedure of sion of paragraph 12 of Rule XXXVII of the ing of the Committee or subcommittee may the Select Committee on Ethics, which Standing Rules of the Senate. be accompanied by counsel of his own choos- were adopted February 23, 1978, and re- (2) A member of the Select Committee ing who shall be permitted at all times dur- vised November 1999, be printed in the may, at the discretion of the member, dis- ing such hearing to advise such witness of RECORD for the 116th Congress. qualify himself or herself from participating his legal rights. There being no objection, the mate- in any preliminary inquiry or adjudicatory (h) Witnesses providing unsworn testimony review pending before the Select Committee to the Committee may be given a transcript rial was ordered to be printed in the and the determinations and recommenda- of such testimony for the purpose of making RECORD, as follows: tions of the Select Committee with respect minor grammatical corrections. Such wit- RULES OF THE SELECT COMMITTEE ON to any such preliminary inquiry or adjudica- nesses will not, however, be permitted to ETHICS tory review. Notice of such disqualification alter the substance of their testimony. Any PART I: ORGANIC AUTHORITY shall be given in writing to the President of question involving such corrections shall be the Senate. SUBPART A—S. RES. 338 AS AMENDED decided by the Chairman. (3) Whenever any member of the Select 11. Nominations—Unless otherwise ordered S. Res. 338, 88th Cong., 2d Sess. (1964) Committee is ineligible under paragraph (1) by the Committee, nominations referred to Resolved, That (a) there is hereby estab- to participate in any preliminary inquiry or the Committee shall be held for at least lished a permanent select committee of the adjudicatory review or disqualifies himself seven (7) days before being voted on by the Senate to be known as the Select Committee or herself under paragraph (2) from partici- Committee. Each member of the Committee on Ethics (referred to hereinafter as the ‘‘Se- pating in any preliminary inquiry or adju- shall be furnished a copy of all nominations lect Committee’’) consisting of six Members dicatory review, another Senator shall, sub- referred to the Committee. of the Senate, of whom three shall be se- ject to the provisions of subsection (d), be 12. Real Property Transactions—Each lected from members of the majority party appointed to serve as a member of the Select member of the Committee shall be furnished and three shall be selected from members of Committee solely for purposes of such pre- with a copy of the proposals of the Secre- the minority party. Members thereof shall be liminary inquiry or adjudicatory review and taries of the Army, Navy, and Air Force, sub- appointed by the Senate in accordance with the determinations and recommendations of mitted pursuant to 10 U.S.C. 2662 and with a the provisions of Paragraph 1 of Rule XXIV the Select Committee with respect to such copy of the proposals of the Director of the of the Standing Rules of the Senate at the preliminary inquiry or adjudicatory review. Federal Emergency Management Agency, beginning of each Congress. For purposes of Any Member of the Senate appointed for submitted pursuant to 50 U.S.C. App. 2285, re- paragraph 4 of Rule XXV of the Standing such purposes shall be of the same party as garding the proposed acquisition or disposi- Rules of the Senate, service of a Senator as the Member who is ineligible or disqualifies tion of property of an estimated price or a member or chairman of the Select Com- himself or herself. rental of more than $50,000. Any member of mittee shall not be taken into account. Sec. 2. (a) It shall be the duty of the Select the Committee objecting to or requesting in- (b) Vacancies in the membership of the Se- Committee to— formation on a proposed acquisition or dis- lect Committee shall not affect the author- (1) receive complaints and investigate alle- posal shall communicate his objection or re- ity of the remaining members to execute the gations of improper conduct which may re- quest to the Chairman of the Committee functions of the committee, and shall be flect upon the Senate, violations of law, vio- within thirty (30) days from the date of sub- filled in the same manner as original ap- lations of the Senate Code of Official Con- mission. pointments thereto are made. duct and violations of rules and regulations

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If the employees of the Senate, and to make appro- (A) adjudicatory review of conduct of a motion to proceed to consideration of the ap- priate findings of fact and conclusions with Member or officer of the Senate may be con- peal is agreed to, the appeal shall be decided respect thereto; ducted; on the basis of the Select Committee’s report (2) (A) recommend to the Senate by report (B) report, resolution, or recommendation to the Senate. Debate on the appeal shall be or resolution by a majority vote of the full relating to such an adjudicatory review of limited to 10 hours, which shall be divided committee disciplinary action to be taken conduct may be made; and equally between, and controlled by, those fa- with respect to such violations which the Se- (C) letter of admonition pursuant to sub- voring and those opposing the appeal. lect Committee shall determine, after ac- section (d)(3) may be issued, unless approved (f) The Select Committee may, in its dis- cording to the individual concerned due no- by the affirmative recorded vote of no fewer cretion, employ hearing examiners to hear tice and opportunity for a hearing, to have than 4 members of the Select Committee. testimony and make findings of fact and/or (2) No other resolution, report, rec- occurred; recommendations to the Select Committee ommendation, interpretative ruling, or advi- (B) pursuant to subparagraph (A) rec- concerning the disposition of complaints. sory opinion may be made without an affirm- ommend discipline, including— (g) Notwithstanding any other provision of ative vote of a majority of the Members of (i) in the case of a Member, a recommenda- this section, no adjudicatory review shall be the Select Committee voting. tion to the Senate for expulsion, censure, initiated of any alleged violation of any law, (d) (1) When the Select Committee receives the Senate Code of Official Conduct, rule, or payment of restitution, recommendation to a sworn complaint or other allegation or in- a Member’s party conference regarding the regulation which was not in effect at the formation about a Member, officer, or em- time the alleged violation occurred. No pro- Member’s seniority or positions of responsi- ployee of the Senate, it shall promptly con- visions of the Senate Code of Official Con- bility, or a combination of these; and duct a preliminary inquiry into matters duct shall apply to or require disclosure of (ii) in the case of an officer or employee, raised by that complaint, allegation, or in- any act, relationship, or transaction which dismissal, suspension, payment of restitu- formation. The preliminary inquiry shall be occurred prior to the effective date of the ap- tion, or a combination of these; of duration and scope necessary to determine plicable provision of the Code. The Select (3) subject to the provisions of subsection whether there is substantial credible evi- Committee may initiate an adjudicatory re- (e), by a unanimous vote of 6 members, order dence which provides substantial cause for view of any alleged violation of a rule or law that a Member, officer, or employee be rep- the Select Committee to conclude that a vio- which was in effect prior to the enactment of rimanded or pay restitution, or both, if the lation within the jurisdiction of the Select the Senate Code of Official Conduct if the al- Select Committee determines, after accord- Committee has occurred. The Select Com- leged violation occurred while such rule or ing to the Member, officer, or employee due mittee may delegate to the chairman and law was in effect and the violation was not a notice and opportunity for a hearing, that vice chairman the discretion to determine matter resolved on the merits by the prede- misconduct occurred warranting discipline the appropriate duration, scope, and conduct cessor Select Committee. less serious than discipline by the full Sen- of a preliminary inquiry. (h) The Select Committee shall adopt writ- ate; (2) If, as a result of a preliminary inquiry ten rules setting forth procedures to be used (4) in the circumstances described in sub- under paragraph (1), the Select Committee in conducting preliminary inquiries and ad- section (d)(3), issue a public or private letter determines by a recorded vote that there is judicatory reviews. of admonition to a Member, officer, or em- not such substantial credible evidence, the (i) The Select Committee from time to ployee, which shall not be subject to appeal Select Committee shall dismiss the matter. time shall transmit to the Senate its rec- to the Senate; The Select Committee may delegate to the ommendation as to any legislative measures (5) recommend to the Senate, by report or chairman and vice chairman the authority, which it may consider to be necessary for resolution, such additional rules or regula- on behalf of the Select Committee, to dis- the effective discharge of its duties. tions as the Select Committee shall deter- miss any matter that they determine, after a Sec. 3. (a) The Select Committee is author- mine to be necessary or desirable to insure preliminary inquiry, lacks substantial merit. ized to (1) make such expenditures; (2) hold proper standards of conduct by Members of The Select Committee shall inform the indi- such hearings; (3) sit and act at such times the Senate, and by officers or employees of vidual who provided to the Select Committee and places during the sessions, recesses, and the Senate, in the performance of their du- the complaint, allegation, or information, adjournment periods of the Senate; (4) re- ties and the discharge of their responsibil- and the individual who is the subject of the quire by subpoena or otherwise the attend- ities; complaint, allegation, or information, of the ance of such witnesses and the production of (6) by a majority vote of the full com- dismissal, together with an explanation of such correspondence, books, papers, and doc- mittee, report violations of any law, includ- the basis for the dismissal. uments; (5) administer such oaths; (6) take ing the provision of false information to the (3) If, as a result of a preliminary inquiry such testimony orally or by deposition; (7) Select Committee, to the proper Federal and under paragraph (1), the Select Committee employ and fix the compensation of a staff State authorities; and determines that a violation is inadvertent, director, a counsel, an assistant counsel, one (7) develop and implement programs and technical, or otherwise of a de minimis na- or more investigators, one or more hearing materials designed to educate Members, offi- ture, the Select Committee may dispose of examiners, and such technical, clerical, and cers, and employees about the laws, rules, the matter by issuing a public or private let- other assistants and consultants as it deems advisable; and (8) to procure the temporary regulations, and standards of conduct appli- ter of admonition, which shall not be consid- services (not in excess of one year) or inter- cable to such individuals in the performance ered discipline. The Select Committee may mittent services of individual consultants, or of their duties. issue a public letter of admonition upon a organizations thereof, by contract as inde- (b) For the purposes of this resolution— similar determination at the conclusion of (1) the term ‘‘sworn complaint’’ means a pendent contractors or, in the case of indi- an adjudicatory review. viduals, by employment at daily rates of written statement of facts, submitted under (4) If, as a result of a preliminary inquiry compensation not in excess of the per diem penalty of perjury, within the personal under paragraph (1), the Select Committee equivalent of the highest rate of compensa- knowledge of the complainant alleging a vio- determines that there is such substantial tion which may be paid to a regular em- lation of law, the Senate Code of Official credible evidence and the matter cannot be Conduct, or any other rule or regulation of ployee of the Select Committee. appropriately disposed of under paragraph (b) (1) The Select Committee is authorized the Senate relating to the conduct of indi- (3), the Select Committee shall promptly ini- to retain and compensate counsel not em- viduals in the performance of their duties as tiate an adjudicatory review. Upon the con- ployed by the Senate (or by any department Members, officers, or employees of the Sen- clusion of such adjudicatory review, the Se- or agency of the executive branch of the ate; lect Committee shall report to the Senate, as Government) whenever the Select Com- (2) the term ‘‘preliminary inquiry’’ means soon as practicable, the results of such adju- mittee determines that the retention of out- a proceeding undertaken by the Select Com- dicatory review, together with its rec- side counsel is necessary or appropriate for mittee following the receipt of a complaint ommendations (if any) pursuant to sub- any action regarding any complaint or alle- or allegation of, or information about, mis- section (a)(2). gation, which, in the determination of the conduct by a Member, officer, or employee of (e) (1) Any individual who is the subject of Select Committee is more appropriately con- the Senate to determine whether there is a reprimand or order of restitution, or both, ducted by counsel not employed by the Gov- substantial credible evidence which provides pursuant to subsection (a)(3) may, within 30 ernment of the United States as a regular substantial cause for the Select Committee days of the Select Committee’s report to the employee. to conclude that a violation within the juris- Senate of its action imposing a reprimand or (2) Any adjudicatory review as defined in diction of the Select Committee has oc- order of restitution, or both, appeal to the section 2(b)(3) shall be conducted by outside curred; and Senate by providing written notice of the counsel as authorized in paragraph (1), un- (3) the term ‘‘adjudicatory review’’ means basis for the appeal to the Select Committee less the Select Committee determines not to a proceeding undertaken by the Select Com- and the presiding officer of the Senate. The use outside counsel. mittee after a finding, on the basis of a pre- presiding officer of the Senate shall cause (c) With the prior consent of the depart- liminary inquiry, that there is substantial the notice of the appeal to be printed in the ment or agency concerned, the Select Com- credible evidence which provides substantial Congressional Record and the Senate Jour- mittee may (1) utilize the services, informa- cause for the Select Committee to conclude nal. tion and facilities of any such department or

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If the select committee Senate, or any subcommittee thereof, the under paragraph 2(c) [NOTE: Now Paragraph finds, in its written decision, that a violation Select Committee may utilize the facilities 1] of Rule XXXIV or paragraph 1 of Rule has occurred or is about to occur, the com- and the services of the staff of such other XXXV of the Standing Rules of the Senate mittee may take such action and enforce- committee or subcommittee whenever the shall be made available upon request in the ment as it considers appropriate in accord- chairman of the Select Committee deter- Select Committee office with appropriate de- ance with applicable rules, precedents, and mines that such action is necessary and ap- letions to assure the privacy of the indi- standing orders of the Senate, and such propriate. vidual concerned. other standards as may be prescribed by such (d) (1) Subpoenas may be authorized by— Sec. 4. The expenses of the Select Com- committee. (A) the Select Committee; or mittee under this resolution shall be paid (c) Notwithstanding any other provision of (B) the chairman and vice chairman, act- from the contingent fund of the Senate upon law, no court or administrative body in the ing jointly. vouchers approved by the chairman of the United States or in any territory thereof (2) Any such subpoena shall be issued and Select Committee. shall have jurisdiction to entertain any civil signed by the chairman and the vice chair- Sec. 5. As used in this resolution, the term action of any character concerning or re- lated to a violation of the franking laws or man and may be served by any person des- ‘‘officer or employee of the Senate’’ means— an abuse of the franking privilege by any ignated by the chairman and vice chairman. (1) an elected officer of the Senate who is person listed under subsection (a) of this sec- (3) The chairman or any member of the Se- not a Member of the Senate; tion as entitled to send mail as franked mail, lect Committee may administer oaths to (2) an employee of the Senate, any com- until a complaint has been filed with the se- witnesses. mittee or subcommittee of the Senate, or lect committee and the committee has ren- (e) (1) The Select Committee shall pre- any Member of the Senate; dered a decision under subsection (b) of this scribe and publish such regulations as it (3) the Legislative Counsel of the Senate or feels are necessary to implement the Senate section. any employee of his office; (d) The select committee shall prescribe Code of Official Conduct. (4) an Official Reporter of Debates of the (2) The Select Committee is authorized to regulations for the holding of investigations Senate and any person employed by the Offi- and hearings, the conduct of proceedings, issue interpretative rulings explaining and cial Reporters of Debates of the Senate in clarifying the application of any law, the and the rendering of decisions under this connection with the performance of their of- subsection providing for equitable proce- Code of Official Conduct, or any rule or regu- ficial duties; dures and the protection of individual, pub- lation of the Senate within its jurisdiction. (5) a Member of the Capitol Police force lic, and Government interests. The regula- (3) The Select Committee shall render an whose compensation is disbursed by the Sec- tions shall, insofar as practicable, contain advisory opinion, in writing within a reason- retary of the Senate; the substance of the administrative proce- able time, in response to a written request (6) an employee of the Vice President if dure provisions of sections 551–559 and 701– by a Member or officer of the Senate or a such employee’s compensation is disbursed 706, of title 5, United States Code. These reg- candidate for nomination for election, or by the Secretary of the Senate; and ulations shall govern matters under this sub- election to the Senate, concerning the appli- (7) an employee of a joint committee of the section subject to judicial review thereof. cation of any law, the Senate Code of Official Congress whose compensation is disbursed by (e) The select committee shall keep a com- Conduct, or any rule or regulation of the the Secretary of the Senate. plete record of all its actions, including a Senate within its jurisdiction to a specific SUBPART B—PUBLIC LAW 93–191—FRANKED MAIL, record of the votes on any question on which factual situation pertinent to the conduct or PROVISIONS RELATING TO THE SELECT COM- a record vote is demanded. All records, data, proposed conduct of the person seeking the MITTEE and files of the select committee shall be the advisory opinion. property of the Senate and shall be kept in (4) The Select Committee may in its dis- Sec. 6. (a) The Select Committee on Stand- the offices of the select committee or such cretion render an advisory opinion in writing ards and Conduct of the Senate [NOTE: Now other places as the committee may direct. within a reasonable time in response to a the Select Committee on Ethics] shall pro- SUBPART C—STANDING ORDERS OF THE SENATE written request by any employee of the Sen- vide guidance, assistance, advice and coun- REGARDING UNAUTHORIZED DISCLOSURE OF ate concerning the application of any law, sel, through advisory opinions or consulta- INTELLIGENCE INFORMATION, S. RES. 400, 94TH the Senate Code of Official Conduct, or any tions, in connection with the mailing or con- CONGRESS, PROVISIONS RELATING TO THE SE- rule or regulation of the Senate within its templated mailing of franked mail under sec- LECT COMMITTEE jurisdiction to a specific factual situation tion 3210, 3211, 3212, 3218(2) or 3218, and in SEC. 8. * * * pertinent to the conduct or proposed conduct connection with the operation of section 3215, of title 39, United States Code, upon the (c) (1) No information in the possession of of the person seeking the advisory opinion. the select committee relating to the lawful (5) Notwithstanding any provision of the request of any Member of the Senate or intelligence activities of any department or Senate Code of Official Conduct or any rule Member-elect, surviving spouse of any of the agency of the United States which has been foregoing, or other Senate official, entitled or regulation of the Senate, any person who classified under established security proce- to send mail as franked mail under any of relies upon any provision or finding of an ad- dures and which the select committee, pur- those sections. The select committee shall visory opinion in accordance with the provi- suant to subsection (a) or (b) of this section, prescribe regulations governing the proper sions of paragraphs (3) and (4) and who acts has determined should not be disclosed, shall use of the franking privilege under those sec- in good faith in accordance with the provi- be made available to any person by a Mem- tions by such persons. sions and findings of such advisory opinion ber, officer, or employee of the Senate except (b) Any complaint filed by any person with shall not, as a result of any such act, be sub- in a closed session of the Senate or as pro- the select committee that a violation of any ject to any sanction by the Senate. vided in paragraph (2). (6) Any advisory opinion rendered by the section of title 39, United State Code, re- (2) The select committee may, under such Select Committee under paragraphs (3) and ferred to in subsection (a) of this section is regulations as the committee shall prescribe (4) may be relied upon by (A) any person in- about to occur or has occurred within the to protect the confidentiality of such infor- volved in the specific transaction or activity immediately preceding period of 1 year, by mation, make any information described in with respect to which such advisory opinion any person referred to in such subsection (a), paragraph (1) available to any other com- is rendered: Provided, however, that the re- shall contain pertinent factual material and mittee or any other Member of the Senate. quest for such advisory opinion included a shall conform to regulations prescribed by Whenever the select committee makes such complete and accurate statement of the spe- the select committee. The select committee, information available, the committee shall cific factual situation; and, (B) any person if it determines there is reasonable justifica- keep a written record showing, in the case of involved in any specific transaction or activ- tion for the complaint, shall conduct an in- any particular information, which com- ity which is indistinguishable in all its mate- vestigation of the matter, including an in- mittee or which Members of the Senate re- rial aspects from the transaction or activity vestigation of reports and statements filed ceived such information. No Member of the with respect to which such advisory opinion by that complainant with respect to the Senate who, and no committee which, re- is rendered. matter which is the subject of the complaint. ceives any information under this sub- (7) Any advisory opinion issued in response The committee shall afford to the person section, shall disclose such information ex- to a request under paragraph (3) or (4) shall who is the subject of the complaint due no- cept in a closed session of the Senate. be printed in the Congressional Record with tice and, if it determines that there is sub- (d) It shall be the duty of the Select Com- appropriate deletions to assure the privacy stantial reason to believe that such violation mittee on Standards and Conduct to inves- of the individual concerned. The Select Com- has occurred or is about to occur, oppor- tigate any unauthorized disclosure of intel- mittee shall, to the extent practicable, be- tunity for all parties to participate in a ligence information by a Member, officer or fore rendering an advisory opinion, provide hearing before the select committee. The se- employee of the Senate in violation of sub- any interested party with an opportunity to lect committee shall issue a written decision section (c) and to report to the Senate con- transmit written comments to the Select on each complaint under this subsection not cerning any allegation which it finds to be Committee with respect to the request for later than thirty days after such a complaint substantiated.

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.043 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1476 CONGRESSIONAL RECORD — SENATE February 26, 2019 (e) Upon the request of any person who is changes in the consumer price index for the (f) for that gift. subject to any such investigation, the Select immediately preceding 3-year period; and ‘‘(d) The Congress consents to the accept- Committee on Standards and Conduct shall ‘‘(B) regulations of an employing agency ing, retaining, and wearing by an employee release to such individual at the conclusion may define ‘minimal value’ for its employees of a decoration tendered in recognition of ac- of its investigation a summary of its inves- to be less than the value established under tive field service in time of combat oper- tigation together with its findings. If, at the this paragraph; and ations or awarded for other outstanding or conclusion of its investigation, the Select ‘‘(6) ‘employing agency’ means— unusually meritorious performance, subject Committee on Standards and Conduct deter- ‘‘(A) the Committee on Standards of Offi- to the approval of the employing agency of mines that there has been a significant cial Conduct of the House of Representa- such employee. Without this approval, the breach of confidentiality or unauthorized tives, for Members and employees of the decoration is deemed to have been accepted disclosure by a Member, officer, or employee House of Representatives, except that those on behalf of the United States, shall become of the Senate, it shall report its findings to responsibilities specified in subsections the property of the United States, and shall the Senate and recommend appropriate ac- (c)(2)(A), (e)(1), and (g)(2)(B) shall be carried be deposited by the employee, within sixty tion such as censure, removal from com- out by the Clerk of the House; days of acceptance, with the employing mittee membership, or expulsion from the ‘‘(B) the Select Committee on Ethics of the agency for official use, for forwarding to the Senate, in the case of a Member, or removal Senate, for Senators and employees of the Administrator of General Services for dis- from office or employment or punishment Senate, except that those responsibilities posal in accordance with subsection (e)(1), or for contempt, in the case of an officer or em- (other than responsibilities involving ap- for disposal in accordance with subsection ployee. proval of the employing agency) specified in (e)(2). subsections (c)(2), (d), and (g)(2)(B) shall be ‘‘(e) (1) Except as provided in paragraph (2), SUBPART D—RELATING TO RECEIPT AND DIS- carried out by the Secretary of the Senate; gifts and decorations that have been depos- POSITION OF FOREIGN GIFTS AND DECORA- ‘‘(C) the Administrative Office of the ited with an employing agency for disposal TIONS RECEIVED BY MEMBERS, OFFICERS AND United States Courts, for judges and judicial shall be (A) returned to the donor, or (B) for- EMPLOYEES OF THE SENATE OR THEIR branch employees; and warded to the Administrator of General SPOUSES OR DEPENDENTS, PROVISIONS RELAT- ‘‘(D) the department, agency, office, or Services for transfer, donation, or other dis- ING TO THE SELECT COMMITTEE ON ETHICS other entity in which an employee is em- posal in accordance with the provisions of Section 7342 of title 5, United States Code, ployed, for other legislative branch employ- the Federal Property and Administrative states as follows: ees and for all executive branch employees. Services Act of 1949. However, no gift or Sec. 7342. Receipt and disposition of foreign ‘‘(b) An employee may not— decoration that has been deposited for dis- gifts and decorations. ‘‘(l) request or otherwise encourage the posal may be sold without the approval of ‘‘(a) For the purpose of this section— tender of a gift or decoration; or the Secretary of State, upon a determination ‘‘(1) ‘employee’ means— ‘‘(2) accept a gift or decoration, other than that the sale will not adversely affect the ‘‘(A) an employee as defined by section 2105 in accordance with, the provisions of sub- foreign relations of the United States. Gifts of this title and an officer or employee of the sections (c) and (d).(c)‘‘(1) The Congress con- and decorations may be sold by negotiated United States Postal Service or of the Postal sents to— sale. Rate Commission; ‘‘(A) the accepting and retaining by an em- ‘‘(2) Gifts and decorations received by a ‘‘(B) an expert or consultant who is under ployee of a gift of minimal value tendered Senator or an employee of the Senate that contract under section 3109 of this title with and received as a souvenir or mark of cour- are deposited with the Secretary of the Sen- the United States or any agency, depart- tesy; and ate for disposal, or are deposited for an offi- ment, or establishment thereof, including, in ‘‘(B) the accepting by an employee of a gift cial use which has terminated, shall be dis- the case of an organization performing serv- of more than minimal value when such gift posed of by the Commission on Arts and An- ices under such section, any individual in- is in the nature of an educational scholar- tiquities of the United States Senate. Any volved in the performance of such services; ship or medical treatment or when it appears such gift or decoration may be returned by ‘‘(C) an individual employed by, or occu- that to refuse the gift would likely cause of- the Commission to the donor or may be pying an office or position in, the govern- fense or embarrassment or otherwise ad- transferred or donated by the Commission, ment of a territory or possession of the versely affect the foreign relations of the subject to such terms and conditions as it United States or the government of the Dis- United States, except that may prescribe, (A) to an agency or instru- trict of Columbia; ‘‘(i) a tangible gift of more than minimal mentality of (i) the United States, (ii) a ‘‘(D) a member of a uniformed service; value is deemed to have been accepted on be- State, territory, or possession of the United ‘‘(E) the President and the Vice President; half of the United States and, upon accept- States, or a political subdivision of the fore- ‘‘(F) a Member of Congress as defined by ance, shall become the property of the going, or (iii) the District of Columbia, or (B) section 2106 of this title (except the Vice United States; and to an organization described in section President) and any Delegate to the Congress; ‘‘(ii) an employee may accept gifts of trav- 501(c)(3) of the Internal Revenue Code of 1986 and el or expenses for travel taking place en- which is exempt from taxation under section ‘‘(G) the spouse of an individual described tirely outside the United States (such as 501(a) of such Code. Any such gift or decora- in subparagraphs (A) through (F) (unless transportation, food, and lodging) of more tion not disposed of as provided in the pre- such individual and his or her spouse are sep- than minimal value if such acceptance is ap- ceding sentence shall be forwarded to the Ad- arated) or a dependent (within the meaning propriate, consistent with the interests of ministrator of General Services for disposal of section 152 of the Internal Revenue Code the United States, and permitted by the em- in accordance with paragraph (1). If the Ad- of 1986) of such an individual, other than a ploying agency and any regulations which ministrator does not dispose of such gift or spouse or dependent who is an employee may be prescribed by the employing agency. decoration within one year, he shall, at the under subparagraphs (A) through (F); ‘‘(2) Within 60 days after accepting a tan- request of the Commission, return it to the ‘‘(2) ‘foreign government’ means— gible gift of more than minimal value (other Commission and the Commission may dis- ‘‘(A) any unit of foreign governmental au- than a gift described in paragraph (1)(B)(ii)), pose of such gift or decoration in such man- thority, including any foreign national, an employee shall— ner as it considers proper, except that such State, local, and municipal government; ‘‘(A) deposit the gift for disposal with his gift or decoration may be sold only with the ‘‘(B) any international or multinational or- or her employing agency; or approval of the Secretary of State upon a de- ganization whose membership is composed of ‘‘(B) subject to the approval of the employ- termination that the sale will not adversely any unit of foreign government described in ing agency, deposit the gift with that agency affect the foreign relations of the United subparagraph (A); and for official use. Within 30 days after termi- States. ‘‘(C) any agent or representative of any nating the official use of a gift under sub- ‘‘(f)(1) Not later than January 31 of each such unit or such organization, while acting paragraph (B), the employing agency shall year, each employing agency or its delegate as such; forward the gift to the Administrator of Gen- shall compile a listing of all statements filed ‘‘(3) ‘gift’ means a tangible or intangible eral Services in accordance with subsection during the preceding year by the employees present (other than a decoration) tendered (e)(1) or provide for its disposal in accord- of that agency pursuant to subsection (c)(3) by, or received from, a foreign government; ance with subsection (e)(2). and shall transmit such listing to the Sec- ‘‘(4) ‘decoration’ means an order, device, ‘‘(3) When an employee deposits a gift of retary of State who shall publish a com- medal, badge, insignia, emblem, or award more than minimal value for disposal or for prehensive listing of all such statements in tendered by, or received from, a foreign gov- official use pursuant to paragraph (2), or the Federal Register. ernment; within 30 days after accepting travel or trav- ‘‘(2) Such listings shall include for each ‘‘(5) ‘minimal value’ means a retail value el expenses as provided in paragraph tangible gift reported— in the United States at the time of accept- (1)(B)(ii) unless such travel or travel ex- ‘‘(A) the name and position of the em- ance of $100 or less, except that— penses are accepted in accordance with spe- ployee; ‘‘(A) on January 1, 1981, and at 3 year inter- cific instructions of his or her employing ‘‘(B) a brief description of the gift and the vals thereafter, ‘minimal value’ shall be re- agency, the employee shall file a statement circumstances justifying acceptance; defined in regulations prescribed by the Ad- with his or her employing agency or its dele- ‘‘(C) the identity, if known, of the foreign ministrator of General Services, in consulta- gate containing the information prescribed government and the name and position of tion with the Secretary of State, to reflect in subsection the individual who presented the gift;

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.044 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1477 ‘‘(D) the date of acceptance of the gift; the Congressional Record not later than hearing to be conducted by it at least one ‘‘(E) the estimated value in the United thirty days after adoption, and copies shall week before the commencement of that hear- States of the gift at the time of acceptance; be made available by the Committee office ing, and shall publish such announcement in and upon request. the Congressional Record. If the Committee ‘‘(F) disposition or current location of the (c) MEETINGS: determines that there is good cause to com- gift. (1) The regular meeting of the Committee mence a hearing at an earlier date, such no- ‘‘(3) Such listings shall include for each shall be the first Thursday of each month tice will be given at the earliest possible gift of travel or travel expenses— while the Congress is in session. time. ‘‘(A) the name and position of the em- (2) Special meetings may be held at the (g) OPEN AND CLOSED COMMITTEE ployee; call of the Chairman or Vice Chairman if at MEETINGS: Meetings of the Committee ‘‘(B) a brief description of the gift and the least forty-eight hours notice is furnished to shall be open to the public or closed to the circumstances justifying acceptance; and all members. If all members agree, a special public (executive session), as determined ‘‘(C) the identity, if known, of the foreign meeting may be held on less than forty-eight under the provisions of paragraphs 5 (b) to government and the name and position of hours notice. (d) of Rule XXVI of the Standing Rules of the individual who presented the gift. (3) (A) If any member of the Committee de- the Senate. Executive session meetings of ‘‘(4) In transmitting such listings for the sires that a special meeting of the Com- the Committee shall be closed except to the Central Intelligence Agency, the Director of mittee be called, the member may file in the members and the staff of the Committee. On Central Intelligence may delete the informa- office of the Committee a written request to the motion of any member, and with the ap- tion described in subparagraphs (A) and (C) the Chairman or Vice Chairman for that spe- proval of a majority of the Committee mem- of paragraphs (2) and (3) if the Director cer- cial meeting. bers present, other individuals may be ad- tifies in writing to the Secretary of State (B) Immediately upon the filing of the re- mitted to an executive session meeting for a that the publication of such information quest the Clerk of the Committee shall no- specific period or purpose. could adversely affect United States intel- tify the Chairman and Vice Chairman of the (h) RECORD OF TESTIMONY AND COM- ligence sources. filing of the request. If, within three cal- MITTEE ACTION: An accurate stenographic ‘‘(g)(1) Each employing agency shall pre- endar days after the filing of the request, the or transcribed electronic record shall be kept scribe such regulations as may be necessary Chairman or the Vice Chairman does not call of all Committee proceedings, whether in ex- to carry out the purpose of this section. For the requested special meeting, to be held ecutive or public session. Such record shall all employing agencies in the executive within seven calendar days after the filing of include Senators’ votes on any question on branch, such regulations shall be prescribed the request, any three of the members of the which a recorded vote is held. The record of pursuant to guidance provided by the Sec- Committee may file their written notice in a witness’s testimony, whether in public or retary of State. These regulations shall be the office of the Committee that a special executive session, shall be made available for implemented by each employing agency for meeting of the Committee will be held at a inspection to the witness or his counsel its employees. specified date and hour; such special meeting under Committee supervision; a copy of any ‘‘(2) Each employing agency shall— may not occur until forty-eight hours after testimony given by that witness in public ‘‘(A) report to the Attorney General cases the notice is filed. The Clerk shall imme- session, or that part of the testimony given in which there is reason to believe that an diately notify all members of the Committee by the witness in executive session and sub- employee has violated this section; of the date and hour of the special meeting. sequently quoted or made part of the record ‘‘(B) establish a procedure for obtaining an The Committee shall meet at the specified in a public session shall be made available to appraisal, when necessary, of the value of date and hour. any witness if he so requests. (See Rule 5 on gifts; and (d) QUORUM: Procedures for Conducting Hearings.) ‘‘(C) take any other actions necessary to (1) A majority of the members of the Select (i) SECRECY OF EXECUTIVE TESTI- carry out the purpose of this section. Committee shall constitute a quorum for the MONY AND ACTION AND OF COMPLAINT ‘‘(h) The Attorney General may bring a transaction of business involving complaints PROCEEDINGS: civil action in any district court of the or allegations of, or information about, mis- (1) All testimony and action taken in exec- United States against any employee who conduct, including resulting preliminary in- utive session shall be kept secret and shall knowingly solicits or accepts a gift from a quiries, adjudicatory reviews, recommenda- not be released outside the Committee to foreign government not consented to by this tions or reports, and matters relating to any individual or group, whether govern- section or who fails to deposit or report such Senate Resolution 400, agreed to May 19, mental or private, without the approval of a gift as required by this section. The court in 1976. majority of the Committee. which such action is brought may assess a (2) Three members shall constitute a (2) All testimony and action relating to a penalty against such employee in any quorum for the transaction of the routine complaint or allegation shall be kept secret amount not to exceed the retail value of the business of the Select Committee not cov- and shall not be released by the Committee gift improperly solicited or received plus ered by the first subparagraph of this para- to any individual or group, whether govern- $5,000. graph, including requests for opinions and mental or private, except the respondent, ‘‘(i) The President shall direct all Chiefs of interpretations concerning the Code of Offi- without the approval of a majority of the a United States Diplomatic Mission to in- cial Conduct or any other statute or regula- Committee, until such time as a report to form their host governments that it is a gen- tion under the jurisdiction of the Select the Senate is required under Senate Resolu- eral policy of the United States Government Committee, if one member of the quorum is tion 338, 88th Congress, as amended, or unless to prohibit United States Government em- a Member of the Majority Party and one otherwise permitted under these Rules. (See ployees from receiving gifts or decorations of member of the quorum is a Member of the Rule 8 on Procedures for Handling Com- more than minimal value. Minority Party. During the transaction of mittee Sensitive and Classified Materials.) ‘‘(j) Nothing in this section shall be con- routine business any member of the Select (j) RELEASE OF REPORTS TO PUBLIC: strued to derogate any regulation prescribed Committee constituting the quorum shall No information pertaining to, or copies of by any employing agency which provides for have the right to postpone further discussion any Committee report, study, or other docu- more stringent limitations on the receipt of of a pending matter until such time as a ma- ment which purports to express the view, gifts and decorations by its employees. jority of the members of the Select Com- findings, conclusions or recommendations of ‘‘(k) The provisions of this section do not mittee are present. the Committee in connection with any of its apply to grants and other forms of assistance (3) Except for an adjudicatory hearing activities or proceedings may be released to to which section 108A of the Mutual Edu- under Rule 5 and any deposition taken out- any individual or group whether govern- cational and Cultural Exchange Act of 1961 side the presence of a Member under Rule 6, mental or private, without the authorization applies.’’ one Member shall constitute a quorum for of the Committee. Whenever the Chairman PART II: SUPPLEMENTARY PROCEDURAL RULES hearing testimony, provided that all Mem- or Vice Chairman is authorized to make any bers have been given notice of the hearing 145 Cong. Rec. S1832 (daily ed. Feb. 23, 1999) determination, then the determination may and the Chairman has designated a Member be released at his or her discretion. Each RULE 1: GENERAL PROCEDURES of the Majority Party and the Vice Chairman member of the Committee shall be given a (a) OFFICERS: In the absence of the Chair- has designated a Member of the Minority reasonable opportunity to have separate man, the duties of the Chair shall be filled by Party to be in attendance, either of whom in views included as part of any Committee re- the Vice Chairman or, in the Vice Chair- the absence of the other may constitute the port. (See Rule 8 on Procedures for Handling man’s absence, a Committee member des- quorum. Committee Sensitive and Classified Mate- ignated by the Chairman. (e) ORDER OF BUSINESS: Questions as to rials.) (b) PROCEDURAL RULES: The basic pro- the order of business and the procedure of (k) INELIGIBILITY OR DISQUALIFICA- cedural rules of the Committee are stated as the Committee shall in the first instance be TION OF MEMBERS AND STAFF: a part of the Standing Orders of the Senate decided by the Chairman and Vice Chairman, (1) A member of the Committee shall be in- in Senate Resolution 338, 88th Congress, as subject to reversal by a vote by a majority of eligible to participate in any Committee pro- amended, as well as other resolutions and the Committee. ceeding that relates specifically to any of laws. Supplementary Procedural Rules are (f) HEARINGS ANNOUNCEMENTS: The the following: stated herein and are hereinafter referred to Committee shall make public announcement (A) a preliminary inquiry or adjudicatory as the Rules. The Rules shall be published in of the date, place and subject matter of any review relating to (i) the conduct of (I) such

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.045 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1478 CONGRESSIONAL RECORD — SENATE February 26, 2019 member; (II) any officer or employee the tion or with the consent of the staff director ety of sources, including but not limited to member supervises; or (ii) any complaint or outside counsel, a staff member may also the following: filed by the member; and be disqualified from participating in a Com- (1) sworn complaints, defined as a written (B) the determinations and recommenda- mittee proceeding in other circumstances statement of facts, submitted under penalty tions of the Committee with respect to any not listed above. of perjury, within the personal knowledge of preliminary inquiry or adjudicatory review (l) RECORDED VOTES: Any member may the complainant alleging a violation of law, described in subparagraph (A). require a recorded vote on any matter. the Senate Code of Official Conduct, or any For purposes of this paragraph, a member (m) PROXIES; RECORDING VOTES OF other rule or regulation of the Senate relat- of the committee and an officer of the Sen- ABSENT MEMBERS: ing to the conduct of individuals in the per- ate shall be deemed to supervise any officer (1) Proxy voting shall not be allowed when formance of their duties as members, offi- or employee consistent with the provision of the question before the Committee is the ini- cers, or employees of the Senate; paragraph 12 of Rule XXXVII of the Standing tiation or continuation of a preliminary in- (2) anonymous or informal complaints; Rules of the Senate. quiry or an adjudicatory review, or the (3) information developed during a study or (2) If any Committee proceeding appears to issuance of a report or recommendation re- inquiry by the Committee or other commit- relate to a member of the Committee in a lated thereto concerning a Member or officer tees or subcommittees of the Senate, includ- manner described in subparagraph (1) of this of the Senate. In any such case an absent ing information obtained in connection with paragraph, the staff shall prepare a report to member’s vote may be announced solely for legislative or general oversight hearings; (4) information reported by the news the Chairman and Vice Chairman. If either the purpose of recording the member’s posi- the Chairman or the Vice Chairman con- media; or tion and such announced votes shall not be (5) information obtained from any indi- cludes from the report that it appears that counted for or against the motion. the member may be ineligible, the member vidual, agency or department of the execu- (2) On matters other than matters listed in tive branch of the Federal Government. shall be notified in writing of the nature of paragraph (m)(1) above, the Committee may the particular proceeding and the reason (c) FORM AND CONTENT OF COM- order that the record be held open for the that it appears that the member may be in- PLAINTS: A complaint need not be sworn vote of absentees or recorded proxy votes if eligible to participate in it. If the member nor must it be in any particular form to re- the absent Committee member has been in- agrees that he or she is ineligible, the mem- ceive Committee consideration, but the pre- formed of the matter on which the vote oc- ber shall so notify the Chairman or Vice ferred complaint will: curs and has affirmatively requested of the Chairman. If the member believes that he or (1) state, whenever possible, the name, ad- Chairman or Vice Chairman in writing that she is not ineligible, he or she may explain dress, and telephone number of the party fil- he be so recorded. the reasons to the Chairman and Vice Chair- ing the complaint; (3) All proxies shall be in writing, and shall man, and if they both agree that the member (2) provide the name of each member, offi- be delivered to the Chairman or Vice Chair- is not ineligible, the member shall continue cer or employee of the Senate who is specifi- man to be recorded. to serve. But if either the Chairman or Vice cally alleged to have engaged in improper (4) Proxies shall not be considered for the Chairman continues to believe that the conduct or committed a violation; purpose of establishing a quorum. (3) state the nature of the alleged improper member is ineligible, while the member be- (n) APPROVAL OF BLIND TRUSTS AND conduct or violation; lieves that he or she is not ineligible, the FOREIGN TRAVEL REQUESTS BETWEEN (4) supply all documents in the possession matter shall be promptly referred to the SESSIONS AND DURING EXTENDED RE- of the party filing the complaint relevant to Committee. The member shall present his or CESSES: During any period in which the or in support of his or her allegations as an her arguments to the Committee in execu- attachment to the complaint. tive session. Any contested questions con- Senate stands in adjournment between ses- RULE 3: PROCEDURES FOR CONDUCTING A cerning a member’s eligibility shall be de- sions of the Congress or stands in a recess PRELIMINARY INQUIRY cided by a majority vote of the Committee, scheduled to extend beyond fourteen days, meeting in executive session, with the mem- the Chairman and Vice Chairman, or their (a) DEFINITION OF PRELIMINARY IN- ber in question not participating. designees, acting jointly, are authorized to QUIRY: A ‘‘preliminary inquiry’’ is a pro- (3) A member of the Committee may, at approve or disapprove blind trusts under the ceeding undertaken by the Committee fol- the discretion of the member, disqualify provision of Rule XXXIV. lowing the receipt of a complaint or allega- himself or herself from participating in any (o) COMMITTEE USE OF SERVICES OR tion of, or information about, misconduct by preliminary inquiry or adjudicatory review EMPLOYEES OF OTHER AGENCIES AND a Member, officer, or employee of the Senate pending before the Committee and the deter- DEPARTMENTS: With the prior consent of to determine whether there is substantial minations and recommendations of the Com- the department or agency involved, the Com- credible evidence which provides substantial mittee with respect to any such preliminary mittee may (1) utilize the services, informa- cause for the Committee to conclude that a inquiry or adjudicatory review. tion, or facilities of any such department or violation within the jurisdiction of the Com- (4) Whenever any member of the Com- agency of the Government, and (2) employ on mittee has occurred. mittee is ineligible under paragraph (1) to a reimbursable basis or otherwise the serv- (b) BASIS FOR PRELIMINARY INQUIRY: participate in any preliminary inquiry or ad- ices of such personnel of any such depart- The Committee shall promptly commence a judicatory review, or disqualifies himself or ment or agency as it deems advisable. With preliminary inquiry whenever it has received herself under paragraph (3) from partici- the consent of any other committee of the a sworn complaint, or other allegation of, or pating in any preliminary inquiry or adju- Senate, or any subcommittee, the Com- information about, alleged misconduct or dicatory review, another Senator shall be ap- mittee may utilize the facilities and the violations pursuant to Rule 2. pointed by the Senate to serve as a member services of the staff of such other committee (c) SCOPE OF PRELIMINARY INQUIRY: of the Committee solely for purposes of such or subcommittee whenever the Chairman (1) The preliminary inquiry shall be of such preliminary inquiry or adjudicatory review and Vice Chairman of the Committee, acting duration and scope as is necessary to deter- and the determinations and recommenda- jointly, determine that such action is nec- mine whether there is substantial credible tions of the Committee with respect to such essary and appropriate. evidence which provides substantial cause for the Committee to conclude that a viola- preliminary inquiry or adjudicatory review. RULE 2: PROCEDURES FOR COMPLAINTS, Any member of the Senate appointed for tion within the jurisdiction of the Com- ALLEGATIONS, OR INFORMATION mittee has occurred. The Chairman and Vice such purposes shall be of the same party as (a) COMPLAINT, ALLEGATION, OR IN- the member who is ineligible or disqualifies Chairman, acting jointly, on behalf of the FORMATION: Any member or staff member Committee may supervise and determine the himself or herself. of the Committee shall report to the Com- (5) The President of the Senate shall be appropriate duration, scope, and conduct of a mittee, and any other person may report to given written notice of the ineligibility or preliminary inquiry. Whether a preliminary the Committee, a sworn complaint or other disqualification of any member from any inquiry is conducted jointly by the Chairman allegation or information, alleging that any preliminary inquiry, adjudicatory review, or and Vice Chairman or by the Committee as Senator, or officer, or employee of the Sen- other proceeding requiring the appointment a whole, the day to day supervision of a pre- ate has violated a law, the Senate Code of Of- of another member in accordance with sub- liminary inquiry rests with the Chairman ficial Conduct, or any rule or regulation of paragraph (k)(4). and Vice Chairman, acting jointly. (6) A member of the Committee staff shall the Senate relating to the conduct of any in- (2) A preliminary inquiry may include any be ineligible to participate in any Com- dividual in the performance of his or her inquiries, interviews, sworn statements, mittee proceeding that the staff director or duty as a Member, officer, or employee of the depositions, or subpoenas deemed appro- outside counsel determines relates specifi- Senate, or has engaged in improper conduct priate to obtain information upon which to cally to any of the following: which may reflect upon the Senate. Such make any determination provided for by this (A) the staff member’s own conduct; complaints or allegations or information Rule. (B) the conduct of any employee that the may be reported to the Chairman, the Vice (d) OPPORTUNITY FOR RESPONSE: A staff member supervises; Chairman, a Committee member, or a Com- preliminary inquiry may include an oppor- (C) the conduct of any member, officer or mittee staff member. tunity for any known respondent or his or employee for whom the staff member has (b) SOURCE OF COMPLAINT, ALLEGA- her designated representative to present ei- worked for any substantial period; or TION, OR INFORMATION: Complaints, alle- ther a written or oral statement, or to re- (D) a complaint, sworn or unsworn, that gations, and information to be reported to spond orally to questions from the Com- was filed by the staff member. At the direc- the Committee may be obtained from a vari- mittee. Such an oral statement or answers

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.045 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1479 shall be transcribed and signed by the person known respondent who is the subject of an (iv) In the case where the Committee de- providing the statement or answers. adjudicatory review. The notice shall be sent termines that misconduct is inadvertent, (e) STATUS REPORTS: The Committee to the respondent no later than five working technical, or otherwise of a de minimis na- staff or outside counsel shall periodically re- days after the Committee has voted to con- ture, issue a public or private letter of admo- port to the Committee in the form and ac- duct an adjudicatory review. The notice nition to a Member, officer or employee, cording to the schedule prescribed by the shall include a statement of the nature of which shall not be subject to appeal to the Committee. The reports shall be confiden- the possible violation, and description of the Senate. tial. evidence indicating that a possible violation (3) In the case where the Committee deter- (f) FINAL REPORT: When the preliminary occurred. The Committee may offer the re- mines, upon consideration of all the evi- inquiry is completed, the staff or outside spondent an opportunity to present a state- dence, that the facts do not warrant a find- counsel shall make a confidential report, ment, orally or in writing, or to respond to ing that there is substantial credible evi- oral or written, to the Committee on find- questions from members of the Committee, dence which provides substantial cause for ings and recommendations, as appropriate. the Committee staff, or outside counsel. the Committee to conclude that a violation (g) COMMITTEE ACTION: As soon as prac- (d) RIGHT TO A HEARING: The Com- within the jurisdiction of the Committee has ticable following submission of the report on mittee shall accord a respondent an oppor- occurred, the Committee may dismiss the the preliminary inquiry, the Committee tunity for a hearing before it recommends matter. shall determine by a recorded vote whether disciplinary action against that respondent (4) Promptly, after the conclusion of the there is substantial credible evidence which to the Senate or before it imposes an order of adjudicatory review, the Committee’s report provides substantial cause for the Com- restitution or reprimand (not requiring dis- and recommendation, if any, shall be for- mittee to conclude that a violation within cipline by the full Senate). warded to the Secretary of the Senate, and a the jurisdiction of the Committee has oc- (e) PROGRESS REPORTS TO COM- copy shall be provided to the complainant curred. The Committee may make any of the MITTEE: The Committee staff or outside and the respondent. The full report and rec- following determinations: counsel shall periodically report to the Com- ommendation, if any, shall be printed and (1) The Committee may determine that mittee concerning the progress of the adju- there is not such substantial credible evi- made public, unless the Committee deter- dicatory review. Such reports shall be deliv- mines by the recorded vote of not less than dence and, in such case, the Committee shall ered to the Committee in the form and ac- four members of the Committee that it dismiss the matter. The Committee, or cording to the schedule prescribed by the should remain confidential. Chairman and Vice Chairman acting jointly Committee, and shall be confidential. (h) RIGHT OF APPEAL: on behalf of the Committee, may dismiss any (f) FINAL REPORT OF ADJUDICATORY (1) Any individual who is the subject of a matter which, after a preliminary inquiry, is REVIEW TO COMMITTEE: Upon completion reprimand or order of restitution, or both, determined to lack substantial merit. The of an adjudicatory review, including any pursuant to subsection (g)(2)(iii), may, with- Committee shall inform the complainant of hearings held pursuant to Rule 5, the outside in 30 days of the Committee’s report to the the dismissal. counsel or the staff shall submit a confiden- (2) The Committee may determine that tial written report to the Committee, which Senate of its action imposing a reprimand or there is such substantial credible evidence, shall detail the factual findings of the adju- order of restitution, or both, appeal to the but that the alleged violation is inadvertent, dicatory review and which may recommend Senate by providing written notice of the ap- technical, or otherwise of a de minimis na- disciplinary action, if appropriate. Findings peal to the Committee and the presiding offi- ture. In such case, the Committee may dis- of fact of the adjudicatory review shall be de- cer of the Senate. The presiding officer shall pose of the matter by issuing a public or pri- tailed in this report whether or not discipli- cause the notice of the appeal to be printed vate letter of admonition, which shall not be nary action is recommended. in the Congressional Record and the Senate considered discipline and which shall not be (g) COMMITTEE ACTION: Journal. subject to appeal to the Senate. The issuance (1) As soon as practicable following sub- (2) S. Res. 338 provides that a motion to of a letter of admonition must be approved mission of the report of the staff or outside proceed to consideration of an appeal pursu- by the affirmative recorded vote of no fewer counsel on the adjudicatory review, the Com- ant to paragraph (1) shall be highly privi- than four members of the Committee voting. mittee shall prepare and submit a report to leged and not debatable. If the motion to (3) The Committee may determine that the Senate, including a recommendation or proceed to consideration of the appeal is there is such substantial credible evidence proposed resolution to the Senate concerning agreed to, the appeal shall be decided on the and that the matter cannot be appropriately disciplinary action, if appropriate. A report basis of the Committee’s report to the Sen- disposed of under paragraph (2). In such case, shall be issued, stating in detail the Commit- ate. Debate on the appeal shall be limited to the Committee shall promptly initiate an tee’s findings of fact, whether or not discipli- 10 hours, which shall be divided equally be- adjudicatory review in accordance with Rule nary action is recommended. The report tween, and controlled by, those favoring and 4. No adjudicatory review of conduct of a shall also explain fully the reasons under- those opposing the appeal. Member, officer, or employee of the Senate lying the Committee’s recommendation con- RULE 5: PROCEDURES FOR HEARINGS may be initiated except by the affirmative cerning disciplinary action, if any. No adju- (a) RIGHT TO HEARING: The Committee recorded vote of not less than four members dicatory review of conduct of a Member, offi- may hold a public or executive hearing in cer or employee of the Senate may be con- of the Committee. any preliminary inquiry, adjudicatory re- ducted, or report or resolution or rec- RULE 4: PROCEDURES FOR CONDUCTING AN view, or other proceeding. The Committee ommendation relating to such an adjudica- ADJUDICATORY REVIEW shall accord a respondent an opportunity for tory review of conduct may be made, except a hearing before it recommends disciplinary (a) DEFINITION OF ADJUDICATORY RE- by the affirmative recorded vote of not less action against that respondent to the Senate VIEW: An ‘‘adjudicatory review’’ is a pro- than four members of the Committee. ceeding undertaken by the Committee after (2) Pursuant to S. Res. 338, as amended, or before it imposes an order of restitution a finding, on the basis of a preliminary in- section 2(a), subsections (2), (3), and (4), after or reprimand. (See Rule 4(d).) quiry, that there is substantial cause for the receipt of the report prescribed by paragraph (b) NON-PUBLIC HEARINGS: The Com- Committee to conclude that a violation (f) of this rule, the Committee may make mittee may at any time during a hearing de- within the jurisdiction of the Committee has any of the following recommendations for termine in accordance with paragraph 5(b) of occurred. disciplinary action or issue an order for rep- Rule XXVI of the Standing Rules of the Sen- (b) SCOPE OF ADJUDICATORY REVIEW: rimand or restitution, as follows: ate whether to receive the testimony of spe- When the Committee decides to conduct an (i) In the case of a Member, a recommenda- cific witnesses in executive session. If a wit- adjudicatory review, it shall be of such dura- tion to the Senate for expulsion, censure, ness desires to express a preference for testi- tion and scope as is necessary for the Com- payment of restitution, recommendation to fying in public or in executive session, he or mittee to determine whether a violation a Member’s party conference regarding the she shall so notify the Committee at least within its jurisdiction has occurred. An adju- Member’s seniority or positions of responsi- five days before he or she is scheduled to tes- dicatory review shall be conducted by out- bility, or a combination of these; tify. side counsel as authorized by section 3(b)(1) (ii) In the case of an officer or employee, a (c) ADJUDICATORY HEARINGS: The of Senate Resolution 338 unless the Com- recommendation to the Senate of dismissal, Committee may, by the recorded vote of not mittee determines not to use outside coun- suspension, payment of restitution, or a less than four members of the Committee, sel. In the course of the adjudicatory review, combination of these; designate any public or executive hearing as designated outside counsel, or if the Com- (iii) In the case where the Committee de- an adjudicatory hearing; and any hearing mittee determines not to use outside coun- termines, after according to the Member, of- which is concerned with possible disciplinary sel, the Committee or its staff, may conduct ficer, or employee due notice and oppor- action against a respondent or respondents any inquiries or interviews, take sworn tunity for a hearing, that misconduct oc- designated by the Committee shall be an ad- statements, use compulsory process as de- curred warranting discipline less serious judicatory hearing. In any adjudicatory scribed in Rule 6, or take any other actions than discipline by the full Senate, and sub- hearing, the procedures described in para- that the Committee deems appropriate to se- ject to the provisions of paragraph (h) of this graph (j) shall apply. cure the evidence necessary to make a deter- rule relating to appeal, by a unanimous vote (d) SUBPOENA POWER: The Committee mination. of six members order that a Member, officer may require, by subpoena or otherwise, the (c) NOTICE TO RESPONDENT: The Com- or employee be reprimanded or pay restitu- attendance and testimony of such witnesses mittee shall give written notice to any tion or both; and the production of such correspondence,

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.046 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1480 CONGRESSIONAL RECORD — SENATE February 26, 2019 books, papers, documents or other articles as (ii) copies of all documents expected to be Committee. Such rulings shall be final un- it deems advisable. (See Rule 6.) introduced as exhibits at the hearing; and less reversed or modified by a recorded vote (e) NOTICE OF HEARINGS: The Com- (iii) a brief statement as to the nature of of not less than four members of the Com- mittee shall make public an announcement the testimony expected to be given by each mittee before the recess of that day’s hear- of the date, place, and subject matter of any witness to be called at the hearing. ings. hearing to be conducted by it, in accordance (B) At least two working days prior to the (C) Notwithstanding paragraphs (A) and with Rule 1(f). commencement of an adjudicatory hearing, (B), in any matter before the Committee in- (f) PRESIDING OFFICER: The Chairman the respondent, if any, shall provide the in- volving allegations of sexual discrimination, shall preside over the hearings, or in his ab- formation and documents described in divi- including sexual harassment, or sexual mis- sence the Vice Chairman. If the Vice Chair- sions (i), (ii) and (iii) of subparagraph (A) to conduct, b a Member, officer, or employee man is also absent, a Committee member the Committee. within the jurisdiction of the Committee, designated by the Chairman shall preside. If (C) At the discretion of the Committee, the the Committee shall be guided by the stand- an oath or affirmation is required, it shall be information and documents to be exchanged ards and procedures of Rule 412 of the Fed- administered to a witness by the Presiding under this paragraph shall be subject to an eral Rules of Evidence, except that the Com- Officer, or in his absence, by any Committee appropriate agreement limiting access and mittee may admit evidence subject to the member. disclosure. provisions of this paragraph only upon a de- (g) WITNESSES: (D) If a respondent refuses to provide the termination of not less than four members of (1) A subpoena or other request to testify information and documents to the Com- the full Committee that the interests of jus- shall be served on a witness sufficiently in mittee (see (A) and (B) of this subparagraph), tice require that such evidence be admitted. advance of his or her scheduled appearance or if a respondent or other individual vio- (7) SUPPLEMENTARY HEARING PROCE- to allow the witness a reasonable period of lates an agreement limiting access and dis- DURES: The Committee may adopt any ad- time, as determined by the Committee, to closure, the Committee, by majority vote, ditional special hearing procedures that it prepare for the hearing and to employ coun- may recommend to the Senate that the of- deems necessary or appropriate to a par- sel if desired. fender be cited for contempt of Congress. ticular adjudicatory hearing. Copies of such (2) The Committee may, by recorded vote (3) SWEARING OF WITNESSES: All wit- supplementary procedures shall be furnished of not less than four members of the Com- nesses who testify at adjudicatory hearings to witnesses and respondents, and shall be mittee, rule that no member of the Com- shall be sworn unless the Presiding Officer, made available upon request to any member mittee or staff or outside counsel shall make for good cause, decides that a witness does of the public. public the name of any witness subpoenaed not have to be sworn. (k) TRANSCRIPTS: by the Committee before the date of that (4) RIGHT TO COUNSEL: Any witness at (1) An accurate stenographic or recorded witness’s scheduled appearance, except as an adjudicatory hearing may be accom- transcript shall be made of all public and ex- specifically authorized by the Chairman and panied by counsel of his or her own choosing, ecutive hearings. Any member of the Com- Vice Chairman, acting jointly. who shall be permitted to advise the witness mittee, Committee staff member, outside (3) Any witness desiring to read a prepared of his or her legal rights during the testi- counsel retained by the Committee, or wit- or written statement in executive or public mony. ness may examine a copy of the transcript hearings shall file a copy of such statement (5) RIGHT TO CROSS-EXAMINE AND retained by the Committee of his or her own with the Committee at least two working CALL WITNESSES: remarks and may suggest to the official re- days in advance of the hearing at which the (A) In adjudicatory hearings, any respond- porter any typographical or transcription er- statement is to be presented. The Chairman ent and any other person who obtains the rors. If the reporter declines to make the re- and Vice Chairman shall determine whether permission of the Committee, may person- quested corrections, the member, staff mem- such statements may be read or placed in the ally or through counsel cross-examine wit- ber, outside counsel or witness may request record of the hearing. nesses called by the Committee and may call a ruling by the Chairman and Vice Chair- (4) Insofar as practicable, each witness witnesses in his or her own behalf. man, acting jointly. Any member or witness shall be permitted to present a brief oral (B) A respondent may apply to the Com- shall return the transcript with suggested opening statement, if he or she desires to do mittee for the issuance of subpoenas for the corrections to the Committee offices within so. appearance of witnesses or the production of five working days after receipt of the tran- (h) RIGHT TO TESTIFY: Any person whose documents on his or her behalf. An applica- script, or as soon thereafter as is practicable. name is mentioned or who is specifically tion shall be approved upon a concise show- If the testimony was given in executive ses- identified or otherwise referred to in testi- ing by the respondent that the proposed tes- sion, the member or witness may only in- mony or in statements made by a Committee timony or evidence is relevant and appro- spect the transcript at a location determined member, staff member or outside counsel, or priate, as determined by the Chairman and by the Chairman and Vice Chairman, acting any witness, and who reasonably believes Vice Chairman. jointly. Any questions arising with respect that the statement tends to adversely affect (C) With respect to witnesses called by a to the processing and correction of tran- his or her reputation may— respondent, or other individual given permis- scripts shall be decided by the Chairman and (1) Request to appear personally before the sion by the Committee, each such witness Vice Chairman, acting jointly. Committee to testify in his or her own be- shall first be examined by the party who (2) Except for the record of a hearing which half; or called the witness or by that party’s counsel. is closed to the public, each transcript shall (D) At least one working day before a (2) File a sworn statement of facts relevant be printed as soon as is practicable after re- witness’s scheduled appearance, a witness or to the testimony or other evidence or state- ceipt of the corrected version. The Chairman a witness’s counsel may submit to the Com- ment of which he or she complained. Such and Vice Chairman, acting jointly, may mittee written questions proposed to be request and such statement shall be sub- order the transcript of a hearing to be print- asked of that witness. If the Committee de- mitted to the Committee for its consider- ed without the corrections of a member or termines that it is necessary, such questions ation and action. witness if they determine that such member may be asked by any member of the Com- (i) CONDUCT OF WITNESSES AND or witness has been afforded a reasonable mittee, or by any Committee staff member if OTHER ATTENDEES: The Presiding Officer time to correct such transcript and such directed by a Committee member. The wit- may punish any breaches of order and deco- transcript has not been returned within such ness or witness’s counsel may also submit rum by censure and exclusion from the hear- time. ings. The Committee, by majority vote, may additional sworn testimony for the record (3) The Committee shall furnish each wit- recommend to the Senate that the offender within twenty-four hours after the last day ness, at no cost, one transcript copy of that be cited for contempt of Congress. that the witness has testified. The insertion witness’s testimony given at a public hear- (j) ADJUDICATORY HEARING PROCE- of such testimony in that day’s record is sub- ing. If the testimony was given in executive DURES: ject to the approval of the Chairman and session, then a transcript copy shall be pro- (1) NOTICE OF HEARINGS: A copy of the Vice Chairman acting jointly within five vided upon request, subject to appropriate public announcement of an adjudicatory days after the testimony is received. conditions and restrictions prescribed by the hearing, required by paragraph (e), shall be (6) ADMISSIBILITY OF EVIDENCE: Chairman and Vice Chairman. If any indi- furnished together with a copy of these (A) The object of the hearing shall be to as- vidual violates such conditions and restric- Rules to all witnesses at the time that they certain the truth. Any evidence that may be tions, the Committee may recommend by are subpoenaed or otherwise summoned to relevant and probative shall be admissible majority vote that he or she be cited for con- testify. unless privileged under the Federal Rules of tempt of Congress. (2) PREPARATION FOR ADJUDICATORY Evidence. Rules of evidence shall not be ap- HEARINGS: plied strictly, but the Presiding Officer shall RULE 6: SUBPOENAS AND DEPOSITIONS (A) At least five working days prior to the exclude irrelevant or unduly repetitious tes- (a) SUBPOENAS: commencement of an adjudicatory hearing, timony. Objections going only to the weight (1) AUTHORIZATION FOR ISSUANCE: the Committee shall provide the following that should be given evidence will not justify Subpoenas for the attendance and testimony information and documents to the respond- its exclusion. of witnesses at depositions or hearings, and ent, if any: (B) The Presiding Officer shall rule upon subpoenas for the production of documents (i) a list of proposed witnesses to be called any question of the admissibility of testi- and tangible things at depositions, hearings, at the hearing; mony or other evidence presented to the or other times and places designated therein,

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.047 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1481 may be authorized for issuance by either (A) tion, the Chairman, Vice Chairman, or the initiated of any alleged violation of any law, a majority vote of the Committee, or (B) the Committee as the case may be, may direct the Senate Code of Official Conduct, rule, or Chairman and Vice Chairman, acting jointly, the witness to answer the question or regulation which was not in effect at the at any time during a preliminary inquiry, produce the document. The Committee shall time the alleged violation occurred. No pro- adjudicatory review, or other proceeding. not initiate procedures leading to civil or visions of the Senate Code of Official Con- (2) SIGNATURE AND SERVICE: All sub- criminal enforcement unless the witness re- duct shall apply to or require disclosure of poenas shall be signed by the Chairman or fuses to testify or produce documents after any act, relationship, or transaction which the Vice Chairman and may be served by any having been directed to do so. occurred prior to the effective date of the ap- person eighteen years of age or older, who is (5) FILING OF DEPOSITIONS: Deposition plicable provision of the Code. designated by the Chairman or Vice Chair- testimony shall be transcribed or electroni- (2) The Committee may initiate an adju- man. Each subpoena shall be served with a cally recorded. If the deposition is tran- dicatory review of any alleged violation of a copy of the Rules of the Committee and a scribed, the individual administering the rule or law which was in effect prior to the brief statement of the purpose of the Com- oath shall certify on the transcript that the enactment of the Senate Code of Official mittee’s proceeding. witness was duly sworn in his or her presence Conduct if the alleged violation occurred (3) WITHDRAWAL OF SUBPOENA: The and the transcriber shall certify that the while such rule or law was in effect and the Committee, by recorded vote of not less than transcript is a true record of the testimony. violation was not a matter resolved on the four members of the Committee, may with- The transcript with these certifications shall merits by the predecessor Committee. draw any subpoena authorized for issuance be filed with the chief clerk of the Com- RULE 8: PROCEDURES FOR HANDLING COMMITTEE by it or authorized for issuance by the Chair- mittee, and the witness shall be furnished SENSITIVE AND CLASSIFIED MATERIALS man and Vice Chairman, acting jointly. The with access to a copy at the Committee’s of- (a) PROCEDURES FOR HANDLING COM- Chairman and Vice Chairman, acting jointly, fices for review. Upon inspecting the tran- MITTEE SENSITIVE MATERIALS: may withdraw any subpoena authorized for script, within a time limit set by the Chair- (1) Committee Sensitive information or issuance by them. man and Vice Chairman, acting jointly, a material is information or material in the (b) DEPOSITIONS: witness may request in writing changes in possession of the Select Committee on Eth- (1) PERSONS AUTHORIZED TO TAKE the transcript to correct errors in tran- ics which pertains to illegal or improper con- DEPOSITIONS: Depositions may be taken by scription. The witness may also bring to the duct by a present or former Member, officer, any member of the Committee designated by attention of the Committee errors of fact in or employee of the Senate; to allegations or the Chairman and Vice Chairman, acting the witness’s testimony by submitting a accusations of such conduct; to any resulting jointly, or by any other person designated by sworn statement about those facts with a re- preliminary inquiry, adjudicatory review or the Chairman and Vice Chairman, acting quest that it be attached to the transcript. other proceeding by the Select Committee jointly, including outside counsel, Com- The Chairman and Vice Chairman, acting on Ethics into such allegations or conduct; mittee staff, other employees of the Senate, jointly, may rule on the witness’s request, to the investigative techniques and proce- or government employees detailed to the and the changes or attachments allowed dures of the Select Committee on Ethics; or Committee. shall be certified by the Committee’s chief to other information or material designated (2) DEPOSITION NOTICES: Notices for the clerk. If the witness fails to make any re- by the staff director, or outside counsel des- taking of depositions shall be authorized by quest under this paragraph within the time ignated by the Chairman and Vice Chairman. the Committee, or the Chairman and Vice limit set, this fact shall be noted by the (2) The Chairman and Vice Chairman of the Chairman, acting jointly, and issued by the Committee’s chief clerk. Any person author- Committee shall establish such procedures Chairman, Vice Chairman, or a Committee ized by the Committee may stipulate with as may be necessary to prevent the unau- staff member or outside counsel designated the witness to changes in this procedure. thorized disclosure of Committee Sensitive by the Chairman and Vice Chairman, acting information in the possession of the Com- jointly. Depositions may be taken at any RULE 7: VIOLATIONS OF LAW; PERJURY; LEGIS- LATIVE RECOMMENDATIONS; EDUCATIONAL mittee or its staff. Procedures for protecting time during a preliminary inquiry, adjudica- Committee Sensitive materials shall be in tory review or other proceeding. Deposition MANDATE; AND APPLICABLE RULES AND STANDARDS OF CONDUCT writing and shall be given to each Com- notices shall specify a time and place for ex- mittee staff member. amination. Unless otherwise specified, the (a) VIOLATIONS OF LAW: Whenever the (b) PROCEDURES FOR HANDLING CLAS- deposition shall be in private, and the testi- Committee determines by the recorded vote SIFIED MATERIALS: mony taken and documents produced shall of not less than four members of the full (1) Classified information or material is in- be deemed for the purpose of these rules to Committee that there is reason to believe formation or material which is specifically have been received in a closed or executive that a violation of law, including the provi- designated as classified under the authority session of the Committee. The Committee sion of false information to the Committee, of Executive Order 11652 requiring protection shall not initiate procedures leading to may have occurred, it shall report such pos- of such information or material from unau- criminal or civil enforcement proceedings for sible violation to the proper Federal and thorized disclosure in order to prevent dam- a witness’s failure to appear, or to testify, or state authorities. age to the United States. to produce documents, unless the deposition (b) PERJURY: Any person who knowingly (2) The Chairman and Vice Chairman of the notice was accompanied by a subpoena au- and willfully swears falsely to a sworn com- Committee shall establish such procedures thorized for issuance by the Committee, or plaint or any other sworn statement to the as may be necessary to prevent the unau- the Chairman and Vice Chairman, acting Committee does so under penalty of perjury. thorized disclosure of classified information jointly. The Committee may refer any such case to in the possession of the Committee or its (3) COUNSEL AT DEPOSITIONS: Wit- the Attorney General for prosecution. staff. Procedures for handling such informa- nesses may be accompanied at a deposition (c) LEGISLATIVE RECOMMENDATIONS: tion shall be in writing and a copy of the by counsel to advise them of their rights. The Committee shall recommend to the Sen- procedures shall be given to each staff mem- (4) DEPOSITION PROCEDURE: Witnesses ate by report or resolution such additional ber cleared for access to classified informa- at depositions shall be examined upon oath rules, regulations, or other legislative meas- tion. administered by an individual authorized by ures as it determines to be necessary or de- (3) Each member of the Committee shall law to administer oaths, or administered by sirable to ensure proper standards of conduct have access to classified material in the any member of the Committee if one is by Members, officers, or employees of the Committee’s possession. Only Committee present. Questions may be propounded by Senate. The Committee may conduct such staff members with appropriate security any person or persons who are authorized to inquiries as it deems necessary to prepare clearances and a need-to-know, as approved take depositions for the Committee. If a wit- such a report or resolution, including the by the Chairman and Vice Chairman, acting ness objects to a question and refuses to tes- holding of hearings in public or executive jointly, shall have access to classified infor- tify, or refuses to produce a document, any session and the use of subpoenas to compel mation in the Committee’s possession. member of the Committee who is present the attendance of witnesses or the produc- (c) PROCEDURES FOR HANDLING COM- may rule on the objection and, if the objec- tion of materials. The Committee may make MITTEE SENSITIVE AND CLASSIFIED tion is overruled, direct the witness to an- legislative recommendations as a result of DOCUMENTS: swer the question or produce the document. its findings in a preliminary inquiry, adju- (1) Committee Sensitive documents and If no member of the Committee is present, dicatory review, or other proceeding. materials shall be stored in the Committee’s the individual who has been designated by (d) Educational Mandate: The Committee offices, with appropriate safeguards for the Chairman and Vice Chairman, acting shall develop and implement programs and maintaining the security of such documents jointly, to take the deposition may proceed materials designed to educate Members, offi- or materials. Classified documents and mate- with the deposition, or may, at that time or cers, and employees about the laws, rules, rials shall be further segregated in the Com- at a subsequent time, seek a ruling by tele- regulations, and standards of conduct appli- mittee’s offices in secure filing safes. Re- phone or otherwise on the objection from the cable to such individuals in the performance moval from the Committee offices of such Chairman or Vice Chairman of the Com- of their duties. documents or materials is prohibited except mittee, who may refer the matter to the (e) APPLICABLE RULES AND STAND- as necessary for use in, or preparation for, Committee or rule on the objection. If the ARDS OF CONDUCT: interviews or Committee meetings, including Chairman or Vice Chairman, or the Com- (1) Notwithstanding any other provision of the taking of testimony, or as otherwise spe- mittee upon referral, overrules the objec- this section, no adjudicatory review shall be cifically approved by the staff director or by

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.048 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1482 CONGRESSIONAL RECORD — SENATE February 26, 2019 outside counsel designated by the Chairman mittee on Ethics, in such a manner as may tion of any law, the Senate Code of Official and Vice Chairman. be determined by its successor or by the Sen- Conduct, or any rule or regulation of the (2) Each member of the Committee shall ate. Senate within the Committee’s jurisdiction, have access to all materials in the Commit- (2) No member of the Select Committee on to a specific factual situation pertinent to tee’s possession. The staffs of members shall Ethics staff or any person engaged by con- the conduct or proposed conduct of the per- not have access to Committee Sensitive or tract or otherwise to perform services for the son seeking the advisory opinion. classified documents and materials without Select Committee on Ethics, shall be grant- (b) FORM OF REQUEST: A request for an the specific approval in each instance of the ed access to classified or Committee Sen- advisory opinion shall be directed in writing Chairman, and Vice Chairman, acting joint- sitive information or material in the posses- to the Chairman of the Committee and shall ly. Members may examine such materials in sion of the Select Committee on Ethics un- include a complete and accurate statement the Committee’s offices. If necessary, re- less and until such person agrees in writing, of the specific factual situation with respect quested materials may be hand delivered by as a condition of employment, to the non- to which the request is made as well as the a member of the Committee staff to the disclosure policy. The agreement shall be- specific question or questions which the re- member of the Committee, or to a staff per- come effective when signed by the Chairman questor wishes the Committee to address. son(s) specifically designated by the mem- and Vice Chairman on behalf of the Com- (c) OPPORTUNITY FOR COMMENT: ber, for the Member’s or designated staffer’s mittee. (1) The Committee will provide an oppor- examination. A member of the Committee RULE 9: BROADCASTING AND NEWS COVERAGE OF tunity for any interested party to comment who has possession of Committee Sensitive COMMITTEE PROCEEDINGS on a request for an advisory opinion— documents or materials shall take appro- (a) Whenever any hearing or meeting of the (A) which requires an interpretation on a priate safeguards for maintaining the secu- Committee is open to the public, the Com- significant question of first impression that rity of such documents or materials in the mittee shall permit that hearing or meeting will affect more than a few individuals; or possession of the Member or his or her des- to be covered in whole or in part, by tele- (B) when the Committee determines that ignated staffer. comments from interested parties would be (3) Committee Sensitive documents that vision broadcast, radio broadcast, still pho- tography, or by any other methods of cov- of assistance. are provided to a Member of the Senate in (2) Notice of any such request for an advi- connection with a complaint that has been erage, unless the Committee decides by re- corded vote of not less than four members of sory opinion shall be published in the Con- filed against the Member shall be hand deliv- gressional Record, with appropriate dele- ered to the Member or to the Member’s Chief the Committee that such coverage is not ap- propriate at a particular hearing or meeting. tions to insure confidentiality, and inter- of Staff or Administrative Assistant. Com- ested parties will be asked to submit their mittee Sensitive documents that are pro- (b) Any witness served with a subpoena by the Committee may request not to be photo- comments in writing to the Committee with- vided to a Member of the Senate who is the in ten days. subject of a preliminary inquiry, adjudica- graphed at any hearing or to give evidence or testimony while the broadcasting, reproduc- (3) All relevant comments received on a tory review, or other proceeding, shall be timely basis will be considered. hand delivered to the Member or to his or tion, or coverage of that hearing, by radio, television, still photography, or other meth- (d) ISSUANCE OF AN ADVISORY OPIN- her specifically designated representative. ION: (4) Any Member of the Senate who is not a ods is occurring. At the request of any such witness who does not wish to be subjected to (1) The Committee staff shall prepare a member of the Committee and who seeks ac- proposed advisory opinion in draft form cess to any Committee Sensitive or classi- radio, television, still photography, or other methods of coverage, and subject to the ap- which will first be reviewed and approved by fied documents or materials, other than doc- the Chairman and Vice Chairman, acting uments or materials which are matters of proval of the Committee, all lenses shall be covered and all microphones used for cov- jointly, and will be presented to the Com- public record, shall request access in writing. mittee for final action. If (A) the Chairman The Committee shall decide by majority erage turned off. (c) If coverage is permitted, it shall be in and Vice Chairman cannot agree, or (B) ei- vote whether to make documents or mate- ther the Chairman or Vice Chairman re- rials available. If access is granted, the accordance with the following requirements: (1) Photographers and reporters using me- quests that it be taken directly to the Com- Member shall not disclose the information mittee, then the proposed advisory opinion except as authorized by the Committee. chanical recording, filming, or broadcasting apparatus shall position their equipment so shall be referred to the Committee for its de- (5) Whenever the Committee makes Com- cision. mittee Sensitive or classified documents or as not to interfere with the seating, vision, and hearing of the Committee members and (2) An advisory opinion shall be issued only materials available to any Member of the by the affirmative recorded vote of a major- Senate who is not a member of the Com- staff, or with the orderly process of the meeting or hearing. ity of the members voting. mittee, or to a staff person of a Committee (3) Each advisory opinion issued by the member in response to a specific request to (2) If the television or radio coverage of the hearing or meeting is to be presented to the Committee shall be promptly transmitted the Chairman and Vice Chairman, a written for publication in the Congressional Record record shall be made identifying the Member public as live coverage, the coverage shall be conducted and presented without commer- after appropriate deletions are made to in- of the Senate requesting such documents or sure confidentiality. The Committee may at materials and describing what was made cial sponsorship. (3) Personnel providing coverage by the any time revise, withdraw, or elaborate on available and to whom. any advisory opinion. (d) NON-DISCLOSURE POLICY AND television and radio media shall be currently (e) RELIANCE ON ADVISORY OPINIONS: AGREEMENT: accredited to the Radio and Television Cor- (1) Except as provided in the last sentence respondents’ Galleries. (1) Any advisory opinion issued by the of this paragraph, no member of the Select (4) Personnel providing coverage by still Committee under Senate Resolution 338, 88th Committee on Ethics, its staff or any person photography shall be currently accredited to Congress, as amended, and the rules may be engaged by contract or otherwise to perform the Press Photographers’ Gallery Committee relied upon by— (A) Any person involved in the specific services for the Select Committee on Ethics of Press Photographers. transaction or activity with respect to which shall release, divulge, publish, reveal by (5) Personnel providing coverage by the such advisory opinion is rendered if the re- writing, word, conduct, or disclose in any television and radio media and by still pho- quest for such advisory opinion included a way, in whole, or in part, or by way of sum- tography shall conduct themselves and the complete and accurate statement of the spe- mary, during tenure with the Select Com- coverage activities in an orderly and unob- cific factual situation; and mittee on Ethics or anytime thereafter, any trusive manner. (B) any person involved in any specific testimony given before the Select Com- RULE 10: PROCEDURES FOR ADVISORY OPINIONS transaction or activity which is indistin- mittee on Ethics in executive session (in- (a) WHEN ADVISORY OPINIONS ARE guishable in all its material aspects from the cluding the name of any witness who ap- RENDERED: transaction or activity with respect to which peared or was called to appear in executive (1) The Committee shall render an advisory such advisory opinion is rendered. session), any classified or Committee Sen- opinion, in writing within a reasonable time, (2) Any person who relies upon any provi- sitive information, document or material, in response to a written request by a Member sion or finding of an advisory opinion in ac- received or generated by the Select Com- or officer of the Senate or a candidate for cordance with the provisions of Senate Reso- mittee on Ethics or any classified or Com- nomination for election, or election to the lution 338, 88th Congress, as amended, and of mittee Sensitive information which may Senate, concerning the application of any the rules, and who acts in good faith in ac- come into the possession of such person dur- law, the Senate Code of Official Conduct, or cordance with the provisions and findings of ing tenure with the Select Committee on any rule or regulation of the Senate within such advisory opinion shall not, as a result Ethics or its staff. Such information, docu- the Committee’s jurisdiction, to a specific of any such act, be subject to any sanction ments, or material may be released to an of- factual situation pertinent to the conduct or by the Senate. ficial of the executive branch properly proposed conduct of the person seeking the cleared for access with a need-to-know, for advisory opinion. RULE 11: PROCEDURES FOR INTERPRETATIVE any purpose or in connection with any pro- (2) The Committee may issue an advisory RULINGS ceeding, judicial or otherwise, as authorized opinion in writing within a reasonable time (a) BASIS FOR INTERPRETATIVE RUL- by the Select Committee on Ethics, or in the in response to a written request by any em- INGS: Senate Resolution 338, 88th Congress, event of termination of the Select Com- ployee of the Senate concerning the applica- as amended, authorizes the Committee to

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issue interpretative rulings explaining and (1) Section 101(h) of the Ethics in Govern- RULE 15: COMMITTEE STAFF clarifying the application of any law, the ment Act of 1978, as amended (Rule XXXIV), (a) COMMITTEE POLICY: Code of Official Conduct, or any rule or regu- relating to the filing of financial disclosure (1) The staff is to be assembled and re- lation of the Senate within its jurisdiction. reports by individuals who are expected to tained as a permanent, professional, non- The Committee also may issue such rulings perform or who have performed the duties of partisan staff. clarifying or explaining any rule or regula- their offices or positions for less than one (2) Each member of the staff shall be pro- tion of the Select Committee on Ethics. hundred and thirty days in a calendar year; fessional and demonstrably qualified for the (b) REQUEST FOR RULING: A request for (2) Section 102(a)(2)(D) of the Ethics in position for which he or she is hired. such a ruling must be directed in writing to Government Act, as amended (Rule XXXIV), (3) The staff as a whole and each member the Chairman or Vice Chairman of the Com- relating to the reporting of gifts; of the staff shall perform all official duties mittee. (3) Paragraph 1 of Rule XXXV relating to in a nonpartisan manner. (c) ADOPTION OF RULING: acceptance of gifts; or (4) No member of the staff shall engage in (1) The Chairman and Vice Chairman, act- (4) Paragraph 5 of Rule XLI relating to ap- any partisan political activity directly af- ing jointly, shall issue a written interpreta- plicability of any of the provisions of the fecting any congressional or presidential tive ruling in response to any such request, Code of Official Conduct to an employee of election. unless— the Senate hired on a per diem basis. (5) No member of the staff or outside coun- (A) they cannot agree, (b) REQUESTS FOR WAIVERS: A request sel may accept public speaking engagements (B) it requires an interpretation of a sig- for a waiver under paragraph (a) must be di- or write for publication on any subject that nificant question of first impression, or rected to the Chairman or Vice Chairman in is in any way related to his or her employ- (C) either requests that it be taken to the writing and must specify the nature of the ment or duties with the Committee without Committee, in which event the request shall waiver being sought and explain in detail the specific advance permission from the Chair- be directed to the Committee for a ruling. facts alleged to justify a waiver. In the case man and Vice Chairman. (2) A ruling on any request taken to the of a request submitted by an employee, the (6) No member of the staff may make pub- Committee under subparagraph (1) shall be views of his or her supervisor (as determined lic, without Committee approval, any Com- adopted by a majority of the members voting under paragraph 12 of Rule XXXVII of the mittee Sensitive or classified information, and the ruling shall then be issued by the Standing Rules of the Senate) should be in- documents, or other material obtained dur- Chairman and Vice Chairman. cluded with the waiver request. ing the course of his or her employment with (d) PUBLICATION OF RULINGS: The (c) RULING: The Committee shall rule on the Committee. Committee will publish in the Congressional a waiver request by recorded vote with a ma- (b) APPOINTMENT OF STAFF: Record, after making appropriate deletions jority of those voting affirming the decision. (1) The appointment of all staff members to ensure confidentiality, any interpretative With respect to an individual’s request for a shall be approved by the Chairman and Vice rulings issued under this Rule which the waiver in connection with the acceptance or Chairman, acting jointly. Committee determines may be of assistance reporting the value of gifts on the occasion (2) The Committee may determine by ma- or guidance to other Members, officers or of the individual’s marriage, the Chairman jority vote that it is necessary to retain staff employees. The Committee may at any time and the Vice Chairman, acting jointly, may members, including a staff recommended by revise, withdraw, or elaborate on interpreta- rule on the waiver. a special counsel, for the purpose of a par- tive rulings. (d) AVAILABILITY OF WAIVER DETER- ticular preliminary inquiry, adjudicatory re- (e) RELIANCE ON RULINGS: Whenever an MINATIONS: A brief description of any view, or other proceeding. Such staff shall be individual can demonstrate to the Commit- waiver granted by the Committee, with ap- retained only for the duration of that par- tee’s satisfaction that his or her conduct was propriate deletions to ensure confidentiality, ticular undertaking. in good faith reliance on an interpretative shall be made available for review upon re- (3) The Committee is authorized to retain ruling issued in accordance with this Rule, quest in the Committee office. Waivers and compensate counsel not employed by the the Committee will not recommend sanc- granted by the Committee pursuant to the Senate (or by any department or agency of tions to the Senate as a result of such con- Ethics in Government Act of 1978, as amend- the Executive Branch of the Government) duct. ed, may only be granted pursuant to a pub- whenever the Committee determines that (f) RULINGS BY COMMITTEE STAFF: licly available request as required by the the retention of outside counsel is necessary The Committee staff is not authorized to Act. or appropriate for any action regarding any make rulings or give advice, orally or in RULE 14: DEFINITION OF ‘‘OFFICER OR complaint or allegation, preliminary in- writing, which binds the Committee in any EMPLOYEE’’ quiry, adjudicatory review, or other pro- way. ceeding, which in the determination of the (a) As used in the applicable resolutions RULE 12: PROCEDURES FOR COMPLAINTS INVOLV- Committee, is more appropriately conducted and in these rules and procedures, the term ING IMPROPER USE OF THE MAILING FRANK by counsel not employed by the Government ‘‘officer or employee of the Senate’’ means: of the United States as a regular employee. (a) AUTHORITY TO RECEIVE COM- (1) An elected officer of the Senate who is The Committee shall retain and compensate PLAINTS: The Committee is directed by sec- not a Member of the Senate; outside counsel to conduct any adjudicatory tion 6(b) of Public Law 93–191 to receive and (2) An employee of the Senate, any com- review undertaken after a preliminary in- dispose of complaints that a violation of the mittee or subcommittee of the Senate, or quiry, unless the Committee determines that use of the mailing frank has occurred or is any Member of the Senate; the use of outside counsel is not appropriate about to occur by a Member or officer of the (3) The Legislative Counsel of the Senate in the particular case. Senate or by a surviving spouse of a Member. or any employee of his office; (c) DISMISSAL OF STAFF: A staff mem- All such complaints will be processed in ac- (4) An Official Reporter of Debates of the ber may not be removed for partisan, polit- cordance with the provisions of these Rules, Senate and any person employed by the Offi- ical reasons, or merely as a consequence of except as provided in paragraph (b). cial Reporters of Debates of the Senate in the rotation of the Committee membership. (b) DISPOSITION OF COMPLAINTS: connection with the performance of their of- The Chairman and Vice Chairman, acting (1) The Committee may dispose of any such ficial duties; jointly, shall approve the dismissal of any complaint by requiring restitution of the (5) A member of the Capitol Police force staff member. cost of the mailing, pursuant to the franking whose compensation is disbursed by the Sec- (d) STAFF WORKS FOR COMMITTEE AS statute, if it finds that the franking viola- retary of the Senate; WHOLE: All staff employed by the Com- tion was the result of a mistake. (6) An employee of the Vice President, if mittee or housed in Committee offices shall (2) Any complaint disposed of by restitu- such employee’s compensation is disbursed work for the Committee as a whole, under tion that is made after the Committee has by the Secretary of the Senate; the general direction of the Chairman and formally commenced an adjudicatory review, (7) An employee of a joint committee of Vice Chairman, and the immediate direction must be summarized, together with the dis- the Congress whose compensation is dis- of the staff director or outside counsel. position, in a report to the Senate, as appro- bursed by the Secretary of the Senate; (e) NOTICE OF SUMMONS TO TESTIFY: priate. (8) An officer or employee of any depart- Each member of the Committee staff or out- (3) If a complaint is disposed of by restitu- ment or agency of the Federal Government side counsel shall immediately notify the tion, the complainant, if any, shall be noti- whose services are being utilized on a full- Committee in the event that he or she is fied of the disposition in writing. time and continuing basis by a Member, offi- (c) ADVISORY OPINIONS AND INTER- called upon by a properly constituted au- cer, employee, or committee of the Senate in PRETATIVE RULINGS: Requests for advi- thority to testify or provide confidential in- accordance with Rule XLI(3) of the Standing sory opinions or interpretative rulings in- formation obtained as a result of and during Rules of the Senate; and his or her employment with the Committee. volving franking questions shall be processed (9) Any other individual whose full-time in accordance with Rules 10 and 11. services are utilized for more than ninety RULE 16: CHANGES IN SUPPLEMENTARY RULE 13: PROCEDURES FOR WAIVERS days in a calendar year by a Member, officer, PROCEDURAL RULES (a) AUTHORITY FOR WAIVERS: The Com- employee, or committee of the Senate in the (a) ADOPTION OF CHANGES IN SUPPLE- mittee is authorized to grant a waiver under conduct of official duties in accordance with MENTARY RULES: The Rules of the Com- the following provisions of the Standing Rule XLI(4) of the Standing Rules of the mittee, other than rules established by stat- Rules of the Senate: Senate. ute, or by the Standing Rules and Standing

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.050 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1484 CONGRESSIONAL RECORD — SENATE February 26, 2019 Orders of the Senate, may be modified, occurred prior to the effective date of the ap- (6) may divulge matters required to be amended, or suspended at any time, pursuant plicable provision of the Code. The Select kept confidential under other provisions of to a recorded vote of not less than four mem- Committee may initiate an adjudicatory re- law or Government regulations. bers of the full Committee taken at a meet- view of any alleged violation of a rule or law (c) Whenever any hearing conducted by ing called with due notice when prior written which was in effect prior to the enactment of any such committee or subcommittee is notice of the proposed change has been pro- the Senate Code of Official Conduct if the al- open to the public, that hearing may be vided each member of the Committee. leged violation occurred while such rule or broadcast by radio or television, or both, (b) PUBLICATION: Any amendments law was in effect and the violation was not a under such rules as the committee or sub- adopted to the Rules of this Committee shall matter resolved on the merits by the prede- committee may adopt. be published in the Congressional Record in cessor Select Committee. (d) Whenever disorder arises during a com- accordance with Rule XXVI(2) of the Stand- APPENDIX A—OPEN AND CLOSED mittee meeting that is open to the public, or ing Rules of the Senate. MEETINGS any demonstration of approval or dis- SELECT COMMITTEE ON ETHICS Paragraphs 5(b) to (d) of Rule XXVI of the approval is indulged in by any person in at- PART III—SUBJECT MATTER JURISDICTION Standing Rules of the Senate reads as fol- tendance at any such meeting, it shall be the Following are sources of the subject mat- lows: duty of the Chair to enforce order on his own ter jurisdiction of the Select Committee: (b) Each meeting of a standing, select, or initiative and without any point of order (a) The Senate Code of Official Conduct ap- special committee of the Senate, or any sub- being made by a Senator. When the Chair proved by the Senate in Title I of S. Res. 110, committee thereof, including meetings to finds it necessary to maintain order, he shall 95th Congress, April 1, 1977, as amended, and conduct hearings, shall be open to the public, have the power to clear the room, and the stated in Rules 34 through 43 of the Standing except that a meeting or series of meetings committee may act in closed session for so Rules of the Senate; by a committee or a subcommittee thereof long as there is doubt of the assurance of (b) Senate Resolution 338, 88th Congress, as on the same subject for a period of no more order. amended, which states, among others, the than fourteen calendar days may be closed to APPENDIX B—‘‘SUPERVISORS’’ DEFINED duties to receive complaints and investigate the public on a motion made and seconded to allegations of improper conduct which may go into closed session to discuss only wheth- Paragraph 12 of Rule XXXVII of the Stand- reflect on the Senate, violations of law, vio- er the matters enumerated in classes (1) ing Rules of the Senate reads as follows: lations of the Senate Code of Official Con- through (6) would require the meeting to be For purposes of this rule— duct and violations of rules and regulations closed followed immediately by a record vote (a) a Senator or the Vice President is the of the Senate; recommend disciplinary ac- in open session by a majority of the members supervisor of his administrative, clerical, or tion; and recommend additional Senate of the committee or subcommittee when it is other assistants; Rules or regulations to insure proper stand- determined that the matters to be discussed (b) a Senator who is the chairman of a ards of conduct; or the testimony to be taken at such meet- committee is the supervisor of the profes- (c) Residual portions of Standing Rules 41, ing or meetings— sional, clerical, or other assistants to the 42, 43 and 44 of the Senate as they existed on (1) will disclose matters necessary to be committee except that minority staff mem- the day prior to the amendments made by kept secret in the interests of national de- bers shall be under the supervision of the Title I of S. Res. 110; fense or the confidential conduct of the for- ranking minority Senator on the committee; (d) Public Law 93–191 relating to the use of eign relations of the United States; (c) a Senator who is a chairman of a sub- the mail franking privilege by Senators, offi- (2) will relate solely to matters of com- committee which has its own staff and finan- cers of the Senate; and surviving spouses of mittee staff personnel or internal staff man- cial authorization is the supervisor of the Senators; agement or procedure; professional, clerical, or other assistants to (e) Senate Resolution 400, 94th Congress, (3) will tend to charge an individual with the subcommittee except that minority staff Section 8, relating to unauthorized disclo- crime or misconduct, to disgrace or injure members shall be under the supervision of sure of classified intelligence information in the professional standing of an individual, or the ranking minority Senator on the sub- the possession of the Select Committee on otherwise to expose an individual to public committee; Intelligence; contempt or obloquy, or will represent a (d) the President pro tempore is the super- (f) Public Law 95–105, Section 515, relating clearly unwarranted invasion of the privacy visor of the Secretary of the Senate, Ser- to the receipt and disposition of foreign gifts of an individual; geant at Arms and Doorkeeper, the Chaplain, and decorations received by Senate mem- (4) will disclose the identity of any in- the Legislative Counsel, and the employees bers, officers and employees and their former or law enforcement agent or will dis- of the Office of the Legislative Counsel; close any information relating to the inves- spouses or dependents; (e) the Secretary of the Senate is the su- (g) Preamble to Senate Resolution 266, 90th tigation or prosecution of a criminal offense pervisor of the employees of his office; Congress, 2d Session, March 22, 1968; and that is required to be kept secret in the in- (f) the Sergeant at Arms and Doorkeeper is (h) The Code of Ethics for Government terests of effective law enforcement; Service, H. Con. Res. 175, 85th Congress, 2d (5) will disclose information relating to the the supervisor of the employees of his office; Session, July 11, 1958 (72 Stat. B12). Except trade secrets or financial or commercial in- (g) the Majority and Minority Leaders and that S. Res. 338, as amended by Section 202 of formation pertaining specifically to a given the Majority and Minority Whips are the su- S. Res. 110 (April 2, 1977), and as amended by person if— pervisors of the research, clerical, and other Section 3 of S. Res. 222 (1999), provides: (A) an Act of Congress requires the infor- assistants assigned to their respective of- (g) Notwithstanding any other provision of mation to be kept confidential by Govern- fices; this section, no adjudicatory review shall be ment officers and employees; or (h) the Majority Leader is the supervisor of initiated of any alleged violation of any law, (B) the information has been obtained by the Secretary for the Majority and the Sec- the Senate Code of Official Conduct, rule, or the Government on a confidential basis, retary for the Majority is the supervisor of regulation which was not in effect at the other than through an application by such the employees of his office; and time the alleged violation occurred. No pro- person for a specific Government financial or (i) the Minority Leader is the supervisor of visions of the Senate Code of Official Con- other benefit, and is required to be kept se- the Secretary for the Minority and the Sec- duct shall apply to or require disclosure of cret in order to prevent undue injury to the retary for the Minority is the supervisor of any act, relationship, or transaction which competitive position of such person; or the employees of his office. REVISIONS Rules of Procedure—Select Committee on Ethics

Date revised Amendment

December 1989 ...... Allows for a reduced quorum to take testimony except during an adjudicatory hearing. February 1993 ...... Adopted, under Admissibility of Evidence, paragraph (C), Rule 412 of the Federal Rules of Evidence. May 1993 ...... Corrected the following grammatical errors in the publication: page 2 section (d)(1) change paragraph 11 to paragraph 12; page 14 section (k)(B) change paragraph 11 to paragraph 12; page 15 sec- tion (5) change to ‘‘Whenever a member of the Committee is ineligible . . .’’ April 1997 ...... Amends Rule 9(c) Procedures for Handling Committee Sensitive and Classified Documents: (1) Strike ‘‘Committee Sensitive and classified documents and materials shall be segregated in secure filing safes.’’ Insert ‘‘Committee Sensitive documents and materials shall be stored in the Com- mittee’s offices, with appropriate safeguards for maintaining the security of such documents or materials. Classified documents and materials shall be further segregated in the Committee’s offices in secure filing safes.’’ (2) Strike ‘‘If necessary, requested materials may be taken by a member of the Committee staff to the office of a member of the Committee for his or her examination, but the Committee staff mem- ber shall remain with the Committee Sensitive or classified documents or materials at all times except as specifically authorized by the Chairman or Vice Chairman.’’ Insert ‘‘If necessary, requested materials may be hand delivered by a member of the Committee staff to the member of the Committee, or to a staff person(s) specifically designated by the member, for the member’s or des- ignated staffer’s examination. A member of the Committee who has possession of Committee Sensitive documents or materials shall take appropriate safeguards for maintaining the security of such documents or materials in the possession of the member or his or her designated staffer. (3) Committee Sensitive documents that are provided to a Member of the Senate in connection with a complaint that has been filed against the Member shall be hand delivered to the Member or to the Member’s Chief of Staff or Administrative Assistant. Committee Sensitive documents that are provided to a Member of the Senate who is the subject of a preliminary inquiry, an initial review, or an investigation, shall be hand delivered to the Member or to his or her specifically designated representative. (4) [Renumbered] (5) [Renumbered]

VerDate Sep 11 2014 05:49 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.051 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1485 REVISIONS—Continued Rules of Procedure—Select Committee on Ethics

Date revised Amendment

Amends Committee Rule 14 by adding the following sentence to paragraph (c). ‘‘The Committee shall rule on a waiver request by recorded vote, with a majority of those voting affirming the decision. With respect to an individual’s request for a waiver in connection with the acceptance or reporting the value of gifts on the occasion of the individual’s marriage, the Chairman and the Vice Chair- man, acting jointly, may rule on the waiver.’’ November 1999 ...... Extensively amends the Supplementary Procedural Rules to reflect changes to the Committee charter as agreed to by S. Res. 222 [‘‘Senate Ethics Procedure Reform Resolution of 1999’’].

FEDERAL DEBT perts has formed a citizens’ committee, the current level of 73.1 percent of all mar- called the Debt Default Clock Review Com- ketable Treasury debt? Mr. PAUL. Madam President, as I mittee, to maintain an objective, fact-based 9. Are federal revenues below 17.5 percent stand before you, we are facing a finan- federal government Debt Default Clock. The of GDP? cial calamity that could make the last Clock is designed to help the public to see 10. Does the rate of real U.S. economic financial crisis look like the good old and track the nearness of the danger. On growth, as measured in GDP, exceed 3 per- days. I have become aware of a com- September 10, 2018, the Review Committee cent annually? mittee of respected financial industry announced significant revisions in the design 11. Has Congress enacted a law prohibiting experts that has developed a Debt De- of the Clock from its original version to the Treasury from resorting to ‘‘extraor- dinary measures’’ in the future? fault Clock, which conceptualizes the make it more accurate. This announcement is found at: https://debtdefaultclock.us/wp- 12. Is Congress scaling back programmatic risk associated with a potential Fed- content/uploads/press-release-02a.pdf. ‘‘mandatory spending’’ and eventually phas- eral debt crisis that leads to the insol- For the Committee’s purposes, ‘‘default’’ is ing it out? vency of the government. The Debt De- defined simply as a failure by the U.S. Treas- While economists and financial experts fault Clock is the same concept as the ury to make a scheduled interest payment will readily appreciate the relevance of each famous Doomsday Clock, only in this on just one direct U.S. Government obliga- of these factors, we realize that the lay read- case illustrating how close we are to tion such as a Treasury note or bond. ‘‘Insol- er may find them confusing. For everyone’s vency’’ is defined as the point beyond which benefit, the following is a detailed, plain- fiscal meltdown. English explanation of each factor, together The Debt Default Clock has 12 factors default becomes a virtual certainty. Since 2013, Congress has gotten into the with all of its underlying data and assump- that are used to measure the risk asso- habit of temporarily suspending the govern- tions. ciated with the burgeoning Federal ment’s statutory debt ceiling, for a year or WARNING: DEFAULT AHEAD debt. The Clock currently stands at 4 two at a go, during which time the Treasury The United States will reach insolvency— minutes to midnight, which means may incur unlimited amounts of debt. This the point of no return—when the federal gov- that insolvency of the Federal Govern- practice is dangerous. Repealing the debt ernment fails at least ten of the twelve tests ment is close at hand, and we have lit- ceiling does not repeal the threat of a de- set according to the questions listed above. tle time to act. Although the 12 cri- fault. Indeed, to think that it would or could As of right now, the federal government is teria were developed on the basis of de- is akin to thinking we can be assured of per- currently failing in seven of them. These are petually sunny days if we simply destroy the Factors 1, 2, 3, 8, 10, 11 and 12, but one (Fac- fining the circumstances leading to barometer! Congress seems to be telling government insolvency and default, tor 9) is projected to right itself before the itself: ‘‘If I just increase the credit limit on end of the current ten-year budget period. they were also created with the idea of my credit card, I will never have to pay it The design of the Clock permits the Review identifying metrics that can be meas- off!’’ Committee to discount up to two factors at The debt ceiling is our most important fis- ured, watched, and compared over time any one time. The Committee is currently cal barometer, and we hope our new Debt De- to identify the time remaining before discounting Factor 9 in accordance with the fault Clock will help the public to read that the sequence of insolvency and default. design. The federal government is passing important gauge more easily, by showing us the remaining four tests now, but are pro- Eight of these factors are already in in a clear and simple way how close we are jected to fail in all of them sometime during negative territory, and the others are to midnight. Its purpose is to spur fiscal pol- the 10-year budget period. moving in that direction. icy makers to change course before it’s too As of today, the Federal Government De- In 2010, I ran for the Senate out of late. fault Clock stands at just four minutes from concern that our out-of-control debt THE TWELVE TESTS midnight. If the federal government remains might finally take us off the cliff. It is The Clock continuously measures twelve of on its currently projected fiscal trajectory, frustration with rampant, deficit-fi- the most relevant budget factors, or tests, the more politically difficult and economi- nanced spending that sparked the Tea each of which is framed as a simple yes-no cally painful its choices will become as time Party; yet the situation continues to question. At any given moment, the status passes. get worse. So I urge my colleagues to of ten of the twelve factors collectively de- The Default Clock is ticking. find out more about the Debt Default termines the number of minutes from mid- DATABASES BEHIND TEN OF THE FACTORS OF night the Clock stands at any point in time. DEBT DEFAULT CLOCK Clock and the role of Congress, the ad- The number of minutes, of course, changes (Note: graphs for each of the factors are ministration, and the States as to how as time passes and new data is received. shown at https://DebtDefaultClock.us) each of the factors might be mitigated Each factor assesses, not just where things if the political will exists to do so be- currently stand, but also where things are FACTOR #1: DO FEDERAL OUTLAYS EXCEED 17.5 fore calamity hits us square in the projected to move over the course of the next PERCENT OF GDP? face. ten years. Each of the twelve tests is objec- The data associated with Factor #1 in the Accordingly, I respectfully request tive. None is arbitrary or influenced by opin- initial Debt Default Clock showed that fed- eral outlays were already well above 17.5 per- that the following information related ion. Here are the twelve factors: cent of GDP, and peaked in the final year of to the Debt Default Clock be printed in 1. Do federal outlays exceed 17.5 percent of the budget period (2027) at 23.1 percent of the RECORD. gross domestic product (GDP)? GDP. The updated version shows that in the There being no objection, the mate- 2. Is there a U.S. dollar-denominated debt final year of the current budget period (2028) rial was ordered to be printed in the ceiling in law presently, and will the pro- outlays will rise to 23.3 percent of GDP. RECORD, as follows: jected federal debt stay below that ceiling Thus, Factor #1 remains set at buying zero FOUR MINUTES TO MIDNIGHT: THE REVISED during the ten-year budget period? minutes from midnight. The data bases for 3. Does the debt held by the public exceed ‘‘FEDERAL GOVERNMENT DEBT DEFAULT this factor are as follows: (1) Congressional 70 percent of GDP, and does the gross federal CLOCK’’ Budget Office, ‘‘Budget and Economic Data,’’ debt exceed 100 percent of GDP? [From the Default Clock Committee] under the headings ‘‘Historical Budget Data/ 4. Do gross federal interest payments ex- Revenues, Outlays, Deficits, Surpluses, and Beyond the troubling debt-ceiling ceed 15 percent of federal revenues? Debt Held by the Public Since 1967 to 2017,’’ standoffs we witness every few years, looms 5. Do gross federal interest payments, on a April 2018; and (2) ‘‘10-Year Budget Projec- a far more dire threat: a true U.S. govern- sustained basis, exceed 70 percent of the tions/CBO’s Baseline Budget Projections, by ment default, which economists warn could money the federal government brings in Category,’’ April 2018. lead to a collapse of confidence in the Amer- through the issuance of new debt? ican economy, a run on the dollar, and per- 6. Does the debt held by the public exceed FACTOR #2: IS THERE A DOLLAR-DENOMINATED haps even a global economic meltdown. 80 percent of the gross debt? DEBT CEILING IN PLACE, AND IF SO, DOES THE How close are we to such a catastrophic 7. Does the debt held by foreigners exceed DEBT SUBJECT TO LIMIT STAY UNDER THE federal default? 50 percent of the debt held by the public? CEILING DURING THE BUDGET PERIOD? To answer this question, a group of pri- 8. Will short-term maturities and floating Currently, there is no dollar-denominated vate-sector economists and fiscal policy ex- rate obligations of the Treasury decline from debt ceiling in place because the debt ceiling

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.053 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1486 CONGRESSIONAL RECORD — SENATE February 26, 2019 law has been suspended. Thus, Factor #2 also to buy one minute from midnight. The data rities, but generally describes them as long buys zero minutes from midnight. Accord- bases for this factor are: (1) Office of Man- term. Thus, they are not included in ingly, there are no data bases and graph as- agement and Budget, ‘‘Historical Tables,’’ STMFROs and set aside here. sociated with Factor #2 at this point. They Table 7.1, February 2018, at https:// As of September 30, 2018, all the STMFROs will appear when a dollar-denominated debt www.whitehouse.gov/omb/historical-tables/; constituted 73.1 percent of all the market- ceiling is put back into place. (2) Congressional Budget Office, ‘‘Budget and able Treasury debt outstanding, as measured FACTOR #3: DOES THE DEBT HELD BY THE PUB- Economic Data,’’ under the headings ‘‘10- in dollars. This structure of the marketable LIC EXCEED 70 PERCENT OF GDP, AND DOES Year Budget Projections/Federal Debt Pro- debt jeopardizes the financial position of the THE GROSS DEBT EXCEED 100 PERCENT OF GDP? jected in CBOs Baseline,’’ Table 5, April 2018; Treasury by leaving it vulnerable to in- Under the initial Default Clock setting, (3) Department of the Treasury, ‘‘Interest creases in both the inflation rate and inter- the gross debt peaked in the final year of the Expense on the Debt Outstanding,’’ (accessed est rates. Specifically, Treasury interest budget period (2027) at just under 110 percent April 12, 2018); and (4) Congressional Budget costs would rise very quickly with higher in- of GDP. The initial version did not include Office, ‘‘Budget and Economic Data,’’ under flation and interest rates because of the cur- data on the debt held by the public. The cur- the headings ‘‘10-Year Budget Projections/ rent structure of the debt. It is the view of rent version shows that the gross debt will CBO’s Baseline Budget Projections by Cat- the Debt Default Clock Review Committee again peak in the final year of the budget pe- egory’’ and ‘‘Spending Projections by Budget that the portion of all Treasury marketable riod (2028) at over 113 percent of GDP. The Account’’ (specifically Line 1682, ‘‘Interest securities made up by the STMFROs, as debt held by the public is also projected to on Treasury Debt Securities (gross)’’), April measured in dollars, should be reduced to 50 peak in 2028 at over 96 percent of GDP. Since 2018. percent of the total. Factor #8 of the Debt both the debt held by the public and the FACTOR #6: DOES THE DEBT HELD BY THE PUB- Default Clock will move the minute hand gross debt exceeded 70 and 100 percent of LIC EXCEED 80 PERCENT OF THE GROSS DEBT? one minute away from midnight for every five percentage points reduced from the 71.3 GDP respectively in 2012, and are projected The original version of the Default Clock percent of marketable securities that con- to grow, Factor #3 will continue to buy zero estimated that the debt held by the public stitute the STMFROs at the end of fiscal minutes from midnight. The data bases for would exceed 80 percent of the gross debt year 2018. Currently, Factor #8 buys zero Factor #3 are as follows: (1) Office of Man- starting in 2025. This same year is the esti- minutes from midnight. The formula for ar- agement and Budget, ‘‘Historical Tables,’’ mated cross-over point for Factor #6 under riving at this percentage at any particular Table 7.1, February 2018; (2) Congressional the updated Default Clock. Once again, this time is as follows: the value of the STMFROs Budget Office, ‘‘Budget and Economic Data,’’ Factor will buy one minute from midnight. ÷ the total value of all marketable securities under the headings ‘‘10-Year Budget Projec- The data bases for this factor are: 1) Office of outstanding = percent of all marketable se- tions/Federal Debt Projected in CBOs Base- Management and Budget, ‘‘Historical Ta- curities in STMFROs. line,’’ Table 5, April 2018; and (3) Congres- bles,’’ Table 7.1, February 2018, here; and 2) sional Budget Office, ‘‘Budget and Economic Congressional Budget Office, ‘‘Budget and FACTOR #9: ARE FEDERAL REVENUES BELOW 17.5 Data,’’ under the headings ‘‘10-Year Eco- Economic Data,’’ under the headings ‘‘His- PERCENT OF GDP? nomic Projections/April 2018 Baseline Projec- torical Budget Data/Revenues, Outlays, Defi- The data bases for this Factor are found at: tion—Data Release (Fiscal Year).’’ cits, Surpluses, and Debt Held by the Public Congressional Budget Office, ‘‘The Budget FACTOR #4: WILL GROSS INTEREST COSTS Since 1967’’ and ‘‘10-Year Budget Projections/ and Economic Outlook: 2018 to 2028,’’ April 9, EXCEED 15 PERCENT OF FEDERAL REVENUES? CBO’s Baseline Budget Projections, by Cat- 2018, pp. 67 and 145, here. There is no formula In the initial Default Clock assessment, egory,’’ April 2018, here. for the projected data under this factor be- gross federal interest costs were projected to FACTOR #7: DOES THE DEBT HELD BY FOR- cause CBO provides the amounts directly. Federal revenues were at 17.3 percent of exceed 15 percent of federal revenues in 2020. EIGNERS EXCEED 50 PERCENT OF THE DEBT GDP in 2017. CBO projects they will fall to The revised assessment shows the threshold HELD BY THE PUBLIC? 16.5 percent in 2019, but grow to the 17.5 per- will be exceeded this year. This is shown in The original version of the Default Clock cent of GDP in 2025 and exceed 18 percent of the accompanying graph. While the actual showed that the share of the debt held by the GDP before the end of the budget period. data is not yet available, the gross interest public owned by foreigners would exceed 50 Given that Factor #9 is the only factor costs may already be above 15 percent of rev- percent in 2021. The updated version of the among the 12 that moves in the right direc- enues, and are all but certain to remain Clock shows this Factor’s cross-over date re- tion over the course of the budget period, above this threshold during the budget pe- mains 2021. Thus, Factor #8 continues to buy this factor is currently discounted by the Re- riod. For the time being, Factor #4 continues one minute from midnight. The data bases view Committee. to buy one minute from midnight. It remains for this Factor are: 1) here, under the head- likely, however, that Factor #4 will buy no ing ‘‘Ownership of Federal Securities;’’ 2) FACTOR #10: DOES REAL RATE OF U.S. ECONOMIC minutes away from midnight at the time of here (accessed on April 13, 2018); and 3) here, GROWTH, AS MEASURED IN GDP, MEET OR EX- the next assessment. If so, this will force the February 2018. CEED 3 PERCENT ANNUALLY? Clock to three minutes from midnight if all FACTOR #8: WILL SHORT-TERM MATURITIES AND The data bases for Factor #10 are found at: the other factors remain stable relative to FLOATING RATE OBLIGATIONS OF THE TREAS- 1) Bureau of Economic Analysis (BEA), De- their thresholds. The data bases for this Fac- URY DECLINE FROM THE CURRENT LEVEL OF partment of Commerce, here, Table 5 under tor are as follows: (1) Department of the 73.1 PERCENT OF ALL MARKETABLE TREASURY ‘‘Tables Only,’’ under the heading ‘‘Gross Do- Treasury, ‘‘Interest Expense on the Debt DEBT? mestic Product’’ (historical data); 2) Con- Outstanding,’’ at here (accessed April 12, gressional Budget Office, ‘‘The Budget and The Monthly Statement of the Public Debt 2018); (2) Congressional Budget Office, ‘‘Budg- Economic Outlook: 2018 to 2028,’’ April 9, of The United States (the ‘‘Monthly State- et and Economic Data,’’ under the headings 2018, p. 140, here (projected data). There is no ment’’) describes six types of securities com- ‘‘Historical Budget Data/Historical Budget formula for either the historical or projected prising the marketable Treasury debt out- Data/ Revenues, Outlays, Deficits, Surpluses, data on Factor #10 because BEA and CBO standing. They are Treasury Bills (‘‘Bills’’), and Debt Held by the Public Since 1967,’’ provide the data directly. Treasury Notes (‘‘Notes’’), Treasury Bonds April 2018, here; and (3) Congressional Budget GDP grew at the rate of 2.3 percent in real (‘‘Bonds’’), Treasury Inflation-Protected Se- Office, ‘‘Budget and Economic Data,’’ under terms in 2017. CBO projects will reach a rate curities (‘‘TIPS’’), Treasury Floating Rate the headings ‘‘10-Year Budget Projections/ of 3 percent in 2019, but will fall below 3 per- Notes (‘‘FRN’s’’) and Federal Financing CBO’s Baseline Budget Projections by Cat- cent in each of the remaining years of the Bank (‘‘FFB’’) securities. The Monthly egory’’ and ‘‘Spending Projections by Budget ten-year budget period. Therefore, Factor Statements, including attached Excel Account’’ (specifically Line 1682, ‘‘Interest #10 currently buys no minutes from mid- spreadsheets, are available at https:// on Treasury Debt Securities (gross)’’), April night. www.treasurydirect.gov/govt/reports/pd/ 2018, also here. The formula for Factor #4 is: FACTOR #11: HAS CONGRESS ENACTED A LAW ÷ mspd/mspd.htm. gross interest costs federal revenues = per- Treasury Bills are short-term obligations PROHIBITING THE TREASURY FROM RESORTING cent of federal revenues going to cover gross with a maturity of less than one year. Treas- TO ‘‘EXTRAORDINARY MEASURES’’ IN THE FU- interest costs. ury Notes are issued with maturities of be- TURE? FACTOR #5: DO GROSS FEDERAL INTEREST PAY- tween one and ten years. Treasury Bonds are This is a purely qualitative factor. It ad- MENTS, ON A SUSTAINED BASIS, EXCEED 70 issued with maturities in excess of ten years. justs the minute hand on the Debt Default PERCENT OF THE MONEY THE FEDERAL GOV- For purposes of the Debt Default Clock on Clock on the basis of the legislative actions ERNMENT BRINGS IN THROUGH THE ISSUANCE any given date, all Bills and previously or the lack thereof taken by Congress in the OF NEW DEBT? issued Notes and Bonds maturing within five applicable legislative period. Specifically, if The original version of the Default Clock years of that date, along with all TIPS and either house of Congress has passed such a estimated that the level of gross interest FRN’s, which are adjustable rate securities bill during the current Congress, it will buy costs would exceed 70 percent of the money subject to periodic adjustments in their in- one minute away from midnight. If such a brought in by the issuance of new debt (in terest rates, are categorized as short-term law is enacted and remains on the books at net terms) in 2023. The updated version maturities and floating rate obligations the time of the applicable review by the Re- shows the cross-over point should be reached (‘‘STMFROs’’). The Monthly Statement does view Committee, it will buy two minutes in the same year. Thus, Factor #5 continues not provide the maturity dates for FFB secu- from midnight. Therefore, there are neither

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.039 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1487 data bases, nor formulas, nor graphs associ- 44,000 visitors. Today, Arizona hosts $100,000 to help local residents with ated with Factor #11. Since current law per- more than 6 million visitors each year, sight preservation and provided sup- mits the Treasury to undertake extraor- and with a total economic impact of al- port to many local children’s organiza- dinary measures, Factor #11 buys no minutes most $1 billion a year, it is the greatest tions including the Fort Smith Boys from midnight at this time. attraction in our State. Club, Good Samaritan Clinic, Clearing- FACTOR #12: IS CONGRESS SCALING BACK PRO- All Americans, but especially Arizo- house Backpack Program, Special GRAMMATIC ‘‘MANDATORY SPENDING’’ AND EVENTUALLY PHASING IT OUT? nans, are truly blessed to have such a Olympics, and the Children’s Emer- Mandatory programmatic spending, which natural wonder to visit like the Grand gency Shelter. sets aside net interest payments, does not re- Canyon. I share in Teddy Roosevelt’s In addition, the club has provided all quire the annual appropriation of money by amazement, passion, and wonderment of the equipment and support needed Congress. Effectively, these spending pro- of the Grand Canyon, and I will con- for the Safety Patrol program in the grams are on autopilot. According to CBO, tinue to advocate for this park so that Fort Smith Public Schools since 1946. programmatic mandatory spending was more it may last for many more generations As an optometrist whose hometown than $2.5 trillion in 2017. It projects this to come. is Fort Smith, AR, I am proud of the spending to grow to more than $4.5 trillion in great work done by this club and Lions 2028. f chapters around the world. Congress needs to rein in these programs ADDITIONAL STATEMENTS by moving them back into the appropriated I congratulate the Fort Smith Noon accounts of the budget. By starting to take f Lions Club on its 100th anniversary and such steps, Congress should be able to reduce RECOGNIZING THE FORT SMITH hope that these Knights for the Blind this category of spending dramatically. In NOON LIONS CLUB continue to prosper in their mission.∑ fact, it should phase it out altogether. Under f the Debt Default Clock, if Congress returns ∑ Mr. BOOZMAN. Madam President, enough of this spending to the appropriated today I wish to recognize and congratu- TRIBUTE TO OLIVER DIEZ category so that by the end of the ten-year late the Fort Smith Noon Lion’s Club ∑ Mr. RUBIO. Madam President, today budget period the mandatory category is less on its centennial celebration. I recognize Oliver Diez, the Miami- than what it was in 2017, it will buy one The Fort Smith Noon Lions Club minute away from midnight. If the manda- Dade County Teacher of the Year from tory category is projected to be phased out first met on March 8, 1919, only 2 years Palmetto Elementary School in altogether by the end of the budget period, it after the creation of Lions Club Inter- Pinecrest, FL. will buy two minutes from midnight. There- national. With 25 charter members, the Oliver received this award in recogni- fore, Factor #12 currently buys no minutes club’s mission was to encourage fellow- tion for his dedication to teaching chil- from midnight. ship and civic participation by local dren a passion for music before they The data bases for Factor #12 are found at: businessmen. Many prominent business leave elementary school. He begins the Congressional Budget Office, ‘‘The Budg- leaders were part of that founding teaching students how to play an intro- et and Economic Outlook: 2018 to 2028,’’ April group, including Dr. Charles Holt, 9, 2018, pp. 44 and 148, here. The formula for ductory instrument, the recorder, at an calculating whether mandatory spending is founder of Holt Crock Clinic; Fagan early age. From there, they can join increasing or decreasing during the projected Bourland, who served as the city’s one of his school’s before and after- budget period under Factor #12 is: manda- mayor for many years; and W.E. Har- school offerings of chorus, concert tory outlays (less offsetting receipts)—$2.5 ding, the founder of Harding Glass, one band, jazz combo, orchestra, and drum- trillion (mandatory spending in 2017) = dollar of the city’s largest companies at the line. Once they join a music program, level increase (decrease) in mandatory time. his lessons focus on teaching them not spending. If mandatory spending is projected The club met for many years at the only how to play instruments, but also by CBO to be at zero dollars before the end historic Goldman Hotel in downtown of the budget period, it will be considered to its history. He believes this builds an have been phased out. Fort Smith and, later, at the Ward appreciation for music in his young Hotel on Garrison Avenue. Among its f students. earliest projects was supporting the Throughout his two-decade long GRAND CANYON CENTENNIAL Victory Loan Campaign designed to teaching career at Palmetto Elemen- Ms. MCSALLY. Madam President, in pay off debt from WWI. In the early tary School, he has built a successful January 1908, President Theodore Roo- days, it held festivals, hosted free con- music program at south Florida’s larg- sevelt famously declared, ‘‘Let this certs, and played an annual baseball est elementary school. His fourth and great wonder of nature remain as it is game against the local Rotary Club. fifth grade student were invited to play now. You cannot improve on it.’’ He In addition to supporting local causes at Carnegie Hall in New York City this said these words while designating the and providing a networking tool for March, the only elementary school stu- Grand Canyon as a national monu- businessmen, the club’s mission came dents to play. While he believes teach- ment. Eleven years later, it became a into focus after Helen Keller spoke at ing is messy at times, he knows it National Park, and today marks the the Lions Club International conven- unites students to work together for centennial of that designation. tion in 1925. She concluded her speech the final performance. Known as one of the Seven Natural by saying, ‘‘I appeal to you Lions, you Oliver graduated from Florida Inter- Wonders of the World, the Grand Can- who have your sight, your hearing, you national University with his bachelor’s yon is more than history to Arizona, it who are strong and brave and kind. degree in 1999 and returned for his mas- is a part of who we are. Millions of visi- Will you not constitute yourselves ter’s degree in 2016, both majoring in tors come to see this magnificent na- Knights of the Blind in this crusade music education. He also helped launch tional park, from its archeological against darkness?’’ Her eloquent plea a booster club at his school that is a sites to its one-of-a-kind trails; and for transformed the Lions and made sight registered nonprofit for travel expenses centuries, this vast array of canyons conservation the organization’s pri- for performances. and mountains has served as a home to mary mission. I express my sincere appreciation to many different peoples, including Throughout its 100-year history, the Oliver for all of the accomplished work many Native American tribes. Fort Smith Noon Lions Club has con- with his students and wish him contin- It was in 1869 that geologist John tributed greatly to this mission by ued success in the years to come.∑ Wesley Powell first led an expedition raising money to provide eye exams f down the hazardous Colorado River, and glasses to local students and during which he noted the ancient adults. Lions Club members have also TRIBUTE TO IAN JACKSON clues he found hidden in the layers of collected thousands of pairs of glasses ∑ Mr. RUBIO. Madam President, today rock that told the story of its creation. which are donated to the Southern Col- I honor Ian Jackson, the Volusia Coun- His expedition led to future explo- lege of Optometry in Memphis where ty Teacher of the Year from T. Dewitt rations further chartering and mapping students take the glasses on inter- Taylor Middle-High School in Pierson, the great canyon. By the time it offi- national mission trips. FL. cially became a National Park in 1919, In recent years, the Fort Smith Noon Ian is an Advancement Via Indi- the Grand Canyon attracted some Lions Club has donated more than vidual Determination teacher, working

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.041 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1488 CONGRESSIONAL RECORD — SENATE February 26, 2019 with students from 8th to 12th grade alties for pirate radio, and for other pur- tion Supplement: Amendments Related to and considers it his job to change the poses. General Solicitations’’ ((RIN0750–AJ83) trajectories of his students for the bet- H.R. 1235. An act to provide that the term (DFARS Case 2018–D021)) received during ad- ter. After receiving this award, Ian of office of certain members of the Merit journment of the Senate in the Office of the Systems Protection Board shall be extended President of the Senate on February 15, 2019; noted that it was not just him being by a period of 1 year, and for other purposes. to the Committee on Armed Services. recognized, but also his students for The message also announced that the EC–348. A communication from the Acting their success. Principal Director, Defense Pricing and Con- Ian urges his students to strive for House has agreed to H. Res. 143, resolv- tracting, Department of Defense, transmit- greatness in their middle school and ing that Cheryl L. Johnson, of the ting, pursuant to law, the report of a rule en- high school coursework in preparation State of Louisiana, be, and is hereby titled ‘‘Defense Federal Acquisition Regula- for the college workload. He focuses on chosen Clerk of the House of Rep- tion Supplement: Use of Commercial or Non- resentatives. Government Standards’’ ((RIN0750–AJ23) ensuring his classroom feels like a sec- (DFARS Case 2017–D014)) received during ad- f ond home to his students when they journment of the Senate in the Office of the struggle and are in need of support. MEASURES REFERRED President of the Senate on February 15, 2019; Many of Ian’s students come from to the Committee on Armed Services. difficult circumstances, so he works to The following bills were read the first EC–349. A communication from the Acting establish strong relationships and cre- and the second times by unanimous Principal Director, Defense Pricing and Con- ate a positive environment for them. consent, and referred as indicated: tracting, Department of Defense, transmit- He dedicates his time to listening to H.R. 276. An act to direct the Secretary of ting, pursuant to law, the report of a rule en- Education to establish the Recognizing In- titled ‘‘Defense Federal Acquisition Regula- the needs of his students and conveying tion Supplement; Appendix A, Armed Serv- to them that he cares about their well- spiring School Employees (RISE) Award Pro- gram recognizing excellence exhibited by ices Board of Contract Appeals, Part 1 - being. Eighty percent of his students classified school employees providing serv- Charter’’ (RIN0750–AK46) received during ad- are accepted into 4-year universities ices to students in prekindergarten through journment of the Senate in the Office of the and many stay in contact with him high school; to the Committee on Health, President of the Senate on February 15, 2019; through college and beyond. Education, Labor, and Pensions. to the Committee on Armed Services. Ian has taught at T. Dewitt Taylor H.R. 425. An act to promote veteran in- EC–350. A communication from the Acting Middle-High School since 2005. He pre- volvement in STEM education, computer Principal Director, Defense Pricing and Con- science, and scientific research, and for other tracting, Department of Defense, transmit- viously taught English as a second lan- ting, pursuant to law, the report of a rule en- guage classes in Georgia. He earned his purposes; to the Committee on Commerce, Science, and Transportation. titled ‘‘Defense Federal Acquisition Regula- bachelor’s degree from Tocca Falls Col- H.R. 501. An act to amend the Public tion Supplement: Antiterrorism Training lege. Health Service Act to reauthorize and en- Requirements for Contractors’’ ((RIN0750– I extend my sincere thanks and grati- hance the poison center national toll-free AJ45) (DFARS Case 2017–D034)) received dur- tude to Ian for his dedication to help- number, national media campaign, and grant ing adjournment of the Senate in the Office ing his students succeed in life. I look program, and for other purposes; to the Com- of the President of the Senate on February forward to learning of his continued mittee on Health, Education, Labor, and 15, 2019; to the Committee on Armed Serv- ices. success in the coming years.∑ Pensions. H.R. 525. An act to amend title XI of the EC–351. A communication from the Acting f Social Security Act to direct the Secretary Principal Director, Defense Pricing and Con- tracting, Department of Defense, transmit- MESSAGE FROM THE HOUSE of Health and Human Services to establish a public-private partnership for purposes of ting, pursuant to law, the report of a rule en- At 2:15 p.m., a message from the identifying health care waste, fraud, and titled ‘‘Defense Federal Acquisition Regula- House of Representatives, delivered by abuse; to the Committee on Finance. tion Supplement: Exemption from Design- Mr. Novotny, one of its reading clerks, H.R. 539. An act to require the Director of Build Selection Procedures’’ ((RIN0750–AJ75) announced that the House has passed the National Science Foundation to develop (DFARS Case 2018–D011)) received during ad- the following bill, with an amendment, an I–Corps course to support commercializa- journment of the Senate in the Office of the President of the Senate on February 15, 2019; in which it requests the concurrence of tion-ready innovation companies, and for other purposes; to the Committee on Health, to the Committee on Armed Services. the Senate: EC–352. A communication from the Acting Education, Labor, and Pensions. S. 483. An act to enact into law a bill by Principal Director, Defense Pricing and Con- H.R. 583. An act to amend the Communica- reference. tracting, Department of Defense, transmit- tions Act of 1934 to provide for enhanced pen- ting, pursuant to law, the report of a rule en- The message further announced that alties for pirate radio, and for other pur- titled ‘‘Defense Federal Acquisition Regula- the House has passed the following poses; to the Committee on Commerce, tion Supplement: Modification of DFARS Science, and Transportation. bills, in which it requests the concur- Clause ’Transportation of Supplies by Sea’’’ H.R. 1235. An act to provide that the term rence of the Senate: ((RIN0750–AJ94) (DFARS Case 2018–D028)) re- of office of certain members of the Merit H.R. 276. An act to direct the Secretary of ceived during adjournment of the Senate in Systems Protection Board shall be extended Education to establish the Recognizing In- the Office of the President of the Senate on by a period of 1 year, and for other purposes; spiring School Employees (RISE) Award Pro- February 15, 2019; to the Committee on to the Committee on Homeland Security and gram recognizing excellence exhibited by Armed Services. Governmental Affairs. classified school employees providing serv- EC–353. A communication from the Deputy ices to students in prekindergarten through f General Counsel for Operations, Department high school. of Housing and Urban Development, trans- H.R. 425. An act to promote veteran in- EXECUTIVE AND OTHER mitting, pursuant to law, a report relative to volvement in STEM education, computer COMMUNICATIONS a vacancy in the position of Assistant Sec- science, and scientific research, and for other The following communications were retary, Community Planning and Develop- purposes. laid before the Senate, together with ment, Department of Housing and Urban De- H.R. 501. An act to amend the Public accompanying papers, reports, and doc- velopment, received in the Office of the Health Service Act to reauthorize and en- President of the Senate on February 13, 2019; hance the poison center national toll-free uments, and were referred as indicated: to the Committee on Banking, Housing, and number, national media campaign, and grant EC–346. A communication from the Senior Urban Affairs. program, and for other purposes. Official performing the duties of the Under EC–354. A communication from the Chief H.R. 525. An act to amend title XI of the Secretary of Defense (Personnel and Readi- Counsel, Federal Emergency Management Social Security Act to direct the Secretary ness), transmitting the report of an officer Agency, Department of Homeland Security, of Health and Human services to establish a authorized to wear the insignia of the grade transmitting, pursuant to law, the report of public-private partnership for purposes of of brigadier general in accordance with title a rule entitled ‘‘Suspension of Community identifying health care waste, fraud, and 10, United States Code, section 777, this will Eligibility; Florida: Inglis’’ ((44 CFR Part 64) abuse. not cause the Department to exceed the (Docket No. FEMA–2018–0002)) received in the H.R. 539. An act to require the Director of number of frocked officers authorized; to the Office of the President of the Senate on Feb- the National Science Foundation to develop Committee on Armed Services. ruary 12, 2019; to the Committee on Banking, an I-Corps course to support commercializa- EC–347. A communication from the Acting Housing, and Urban Affairs. tion-ready innovation companies, and for Principal Director, Defense Pricing and Con- EC–355. A communication from the Chief other purposes. tracting, Department of Defense, transmit- Counsel, Federal Emergency Management H.R. 583. An act to amend the Communica- ting, pursuant to law, the report of a rule en- Agency, Department of Homeland Security, tions Act of 1934 to provide for enhanced pen- titled ‘‘Defense Federal Acquisition Regula- transmitting, pursuant to law, the report of

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.033 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1489 a rule entitled ‘‘Suspension of Community bia, transmitting, pursuant to law, a report EC–377. A communication from the Man- Eligibility; Maryland: Garrett County, Unin- on D.C. Act 22–601, ‘‘Southwest Waterfront agement and Program Analyst, Federal corporated Areas’’ ((44 CFR Part 64) (Docket Park Bus Prohibition Act of 2018’’; to the Aviation Administration, Department of No. FEMA–2018–0002)) received during ad- Committee on Homeland Security and Gov- Transportation, transmitting, pursuant to journment of the Senate in the Office of the ernmental Affairs. law, the report of a rule entitled ‘‘Part 95 In- President of the Senate on February 15, 2019; EC–366. A communication from the Chair- strument Flight Rules; Miscellaneous to the Committee on Banking, Housing, and man of the Council of the District of Colum- Amendments; Amendment No. 544’’ Urban Affairs. bia, transmitting, pursuant to law, a report ((RIN2120–AA63)(Docket No. 31237)) received EC–356. A communication from the Assist- on D.C. Act 22–602, ‘‘East End Health Equity during adjournment of the Senate in the Of- ant Secretary of the Army (Civil Works), Amendment Act of 2018’’; to the Committee fice of the President of the Senate on Feb- transmitting, pursuant to law, a report rel- on Homeland Security and Governmental Af- ruary 15, 2019; to the Committee on Com- ative to the Lower San Joaquin River, Cali- fairs. merce, Science, and Transportation. fornia Flood Risk Management Project; to EC–367. A communication from the Chair- EC–378. A communication from the Man- the Committee on Environment and Public man of the Council of the District of Colum- agement and Program Analyst, Federal Works. bia, transmitting, pursuant to law, a report Aviation Administration, Department of EC–357. A communication from the Direc- on D.C. Act 22–603, ‘‘Warehousing and Stor- Transportation, transmitting, pursuant to tor of the Regulatory Management Division, age Eminent Domain Authority Temporary law, the report of a rule entitled ‘‘Amend- Environmental Protection Agency, transmit- Act of 2018’’; to the Committee on Homeland ment of Class E Airspace for the Following ting, pursuant to law, the report of a rule en- Security and Governmental Affairs. Alaska Towns; St. Michael, AK, Shaktoolik, titled ‘‘Air Plan Approval: Connecticut; Pre- EC–368. A communication from the Chair- AK; and Tatilek, AK’’ ((RIN2120– vention of Significant Deterioration; Revi- man of the Council of the District of Colum- AA66)(Docket No. FAA–2017–0349)) received sions to the Prevention of Significant Dete- bia, transmitting, pursuant to law, a report during adjournment of the Senate in the Of- rioration Greenhouse Gas Permitting Au- on D.C. Act 22–614, ‘‘Omnibus Public Safety fice of the President of the Senate on Feb- thority’’ (FRL No. 9984–75–Region 1) received and Justice Amendment Act of 2018’’; to the ruary 15, 2019; to the Committee on Com- in the Office of the President of the Senate Committee on Homeland Security and Gov- merce, Science, and Transportation. on February 14, 2019; to the Committee on ernmental Affairs. EC–379. A communication from the Man- Environment and Public Works. EC–369. A communication from the Chair- agement and Program Analyst, Federal EC–358. A communication from the Assist- man of the Council of the District of Colum- Aviation Administration, Department of ant Secretary, Legislative Affairs, Depart- bia, transmitting, pursuant to law, a report Transportation, transmitting, pursuant to ment of State, transmitting, pursuant to on D.C. Act 22–620, ‘‘Firearms Safety Omni- law, the report of a rule entitled ‘‘Standard section 36(c) of the Arms Export Control Act, bus Amendment Act of 2018’’; to the Com- Instrument Approach Procedures; Miscella- the certification of a proposed license for the mittee on Homeland Security and Govern- neous Amendments (9)’’ (RIN2120–AA65) re- export of defense articles, including tech- mental Affairs. ceived during adjournment of the Senate in nical data and defense services, to Norway, EC–370. A communication from the Chair- the Office of the President of the Senate on Italy, Japan, and Denmark to support the man of the Council of the District of Colum- February 15, 2019; to the Committee on Com- manufacture, integration, installation, oper- bia, transmitting, pursuant to law, a report merce, Science, and Transportation. ation, training, testing, maintenance, and on D.C. Act 22–625, ‘‘Anthony Bowen Way EC–380. A communication from the Man- repair of auxiliary aerostructures and wing Designation Act of 2018’’; to the Committee agement and Program Analyst, Federal conventional control surfaces for the F–35 on Homeland Security and Governmental Af- Aviation Administration, Department of aircraft in the amount of $100,000,000 or more fairs. Transportation, transmitting, pursuant to (Transmittal No. DDTC 18–068); to the Com- EC–371. A communication from the Chair- law, the report of a rule entitled ‘‘Standard mittee on Foreign Relations. man of the Council of the District of Colum- Instrument Approach Procedures; Miscella- EC–359. A communication from the Assist- bia, transmitting, pursuant to law, a report neous Amendments (160)’’ (RIN2120–AA65) re- ant Legal Adviser for Treaty Affairs, Depart- on D.C. Act 22–626, ‘‘District of Columbia De- ceived during adjournment of the Senate in ment of State, transmitting, pursuant to the partment of Aging and Community Living the Office of the President of the Senate on Case-Zablocki Act, 1 U.S.C. 112b, as amended, Amendment Act of 2018’’; to the Committee February 15, 2019; to the Committee on Com- the report of the texts and background state- on Homeland Security and Governmental Af- merce, Science, and Transportation. ments of international agreements, other fairs. EC–381. A communication from the Man- than treaties (List 2019–0009 - 2019–0010); to EC–372. A communication from the Chair- agement and Program Analyst, Federal the Committee on Foreign Relations. man of the Council of the District of Colum- Aviation Administration, Department of EC–360. A communication from the Chair- bia, transmitting, pursuant to law, a report Transportation, transmitting, pursuant to man of the Council of the District of Colum- on D.C. Act 22–627, ‘‘Parent-led Play Cooper- law, the report of a rule entitled ‘‘Airworthi- bia, transmitting, pursuant to law, a report ative Amendment Act of 2018’’; to the Com- ness Directives; The Boeing Company Air- on D.C. Act 22–596, ‘‘Senior Strategic Plan mittee on Homeland Security and Govern- planes’’ ((RIN2120–AA64)(Docket No. FAA– Amendment Act of 2018’’; to the Committee mental Affairs. 2019–0015)) received during adjournment of on Homeland Security and Governmental Af- EC–373. A communication from the Chair- the Senate in the Office of the President of fairs. man of the Council of the District of Colum- the Senate on February 15, 2019; to the Com- EC–361. A communication from the Chair- bia, transmitting, pursuant to law, a report mittee on Commerce, Science, and Transpor- man of the Council of the District of Colum- on D.C. Act 22–628, ‘‘Limitations on Products tation. bia, transmitting, pursuant to law, a report Containing Polycyclic Aromatic Hydro- EC–382. A communication from the Attor- on D.C. Act 22–597, ‘‘District of Columbia carbons Amendment Act of 2018’’; to the ney-Advisor, U.S. Coast Guard, Department Education Research Practice Partnership Es- Committee on Homeland Security and Gov- of Homeland Security, transmitting, pursu- tablishment and Audit Act of 2018’’; to the ernmental Affairs. ant to law, the report of a rule entitled Committee on Homeland Security and Gov- EC–374. A communication from the Acting ‘‘Drawbridge Operation Regulation; Hudson ernmental Affairs. Director, Office of Personnel Management, River, Albany and Rensselaer, NY’’ EC–362. A communication from the Chair- transmitting, pursuant to law, the report of ((RIN1625–AA09)(Docket No. USCG–2017– man of the Council of the District of Colum- a rule entitled ‘‘Federal Employees Dental 0926)) received in the Office of the President bia, transmitting, pursuant to law, a report and Vision Insurance Program: Extension of of the Senate on February 13, 2019; to the on D.C. Act 22–598, ‘‘Risk Management and Eligibility to Certain TRICARE–Eligible In- Committee on Commerce, Science, and Own Risk and Solvency Assessment Act of dividuals; Effective Date of Enrollment; Cor- Transportation. 2018’’; to the Committee on Homeland Secu- rections’’ (RIN3206–AN58) received in the Of- EC–383. A communication from the Attor- rity and Governmental Affairs. fice of the President of the Senate on Feb- ney-Advisor, U.S. Coast Guard, Department EC–363. A communication from the Chair- ruary 13, 2019; to the Committee on Home- of Homeland Security, transmitting, pursu- man of the Council of the District of Colum- land Security and Governmental Affairs. ant to law, the report of a rule entitled bia, transmitting, pursuant to law, a report EC–375. A communication from the Assist- ‘‘Safety Zone; Ohio River, Miles 73 to 74, on D.C. Act 22–599, ‘‘Temporary Parking Per- ant Secretary for Legislation, Department of Wellsburg, WV’’ ((RIN1625–AA00)(Docket No. mit Limitation Regulation Amendment Act Health and Human Services, transmitting, USCG–2018–1093)) received in the Office of the of 2018’’; to the Committee on Homeland Se- pursuant to law, a report entitled ‘‘Break- President of the Senate on February 13, 2019; curity and Governmental Affairs. through Devices Program’’; to the Com- to the Committee on Commerce, Science, EC–364. A communication from the Chair- mittee on Health, Education, Labor, and and Transportation. man of the Council of the District of Colum- Pensions. EC–384. A communication from the Attor- bia, transmitting, pursuant to law, a report EC–376. A communication from the Assist- ney-Advisor, U.S. Coast Guard, Department on D.C. Act 22–600, ‘‘District Historical ant Secretary for Legislation, Department of of Homeland Security, transmitting, pursu- Records Advisory Board Amendment Act of Health and Human Services, transmitting, ant to law, the report of a rule entitled 2018’’; to the Committee on Homeland Secu- pursuant to law, a report entitled ‘‘Fiscal ‘‘Safety Zone; Lower Mississippi River, Mile rity and Governmental Affairs. Year 2016 Report to Congress: Older Ameri- Markers 229.5 to 230.5 Baton Rouge, LA’’ EC–365. A communication from the Chair- cans Act’’; to the Committee on Health, Edu- ((RIN1625–AA08)(Docket No. USCG–2018– man of the Council of the District of Colum- cation, Labor, and Pensions. 0960)) received in the Office of the President

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.010 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1490 CONGRESSIONAL RECORD — SENATE February 26, 2019 of the Senate on February 13, 2019; to the ruary 13, 2019; to the Committee on Com- timidation against Jewish students, nega- Committee on Commerce, Science, and merce, Science, and Transportation. tively impacting student programming of Transportation. EC–393. A communication from the Direc- vital importance to all American students EC–385. A communication from the Attor- tor of the Issuances Staff, Food Safety and related to the State of Israel and politics in ney-Advisor, U.S. Coast Guard, Department Inspection Service, Department of Agri- the Middle East; and of Homeland Security, transmitting, pursu- culture, transmitting, pursuant to law, the Whereas, leaders of the Boycott, Divest- ant to law, the report of a rule entitled report of a rule entitled ‘‘Eliminating Un- ment, and Sanctions movement say their ‘‘Safety Zone; Delaware River Rock Blast- necessary Requirements for Hog Carcasses goal is to eliminate Israel as the home of the ing, Marcus Hook, PA’’ ((RIN1625–AA00) Cleaning’’ (RIN0583–AD68) received in the Of- Jewish people, and signs and messaging at (Docket No. USCG–2019–0031)) received dur- fice of the President of the Senate on Feb- anti-Israel rallies have adopted the Boycott, ing adjournment of the Senate in the Office ruary 13, 2019; to the Committee on Agri- Divestment, and Sanctions movement’s of the President of the Senate on February culture, Nutrition, and Forestry. theme slogan, ‘‘Palestine forever, Israel 22, 2019; to the Committee on Commerce, EC–394. A communication from the Pro- Never Ever’’ meaning that the State of Israel Science, and Transportation. gram Analyst, National Highway Traffic would cease to exist, falsely denying the EC–386. A communication from the Deputy Safety Administration, Department of Jewish people’s and Israel’s historical con- Assistant Administrator for Regulatory Pro- Transportation, transmitting, pursuant to nection to its ancient home in the Land of grams, National Marine Fisheries Service, law, the report of a rule entitled ‘‘Transfer Israel, including the present day State of Department of Commerce, transmitting, pur- and Sanction Programs’’ (RIN2127–AL45) re- Israel, and Jerusalem, Judea, and Samaria, suant to law, the report of a rule entitled ceived during adjournment of the Senate in which were the heartland of the ancient na- ‘‘Taking and Importing Marine Mammals; the Office of the President of the Senate on tions of Israel and Judah; and Taking Marine Mammals Incidental to the February 15, 2019; to the Committee on Envi- Whereas, Ohio’s elected representatives U.S. Navy Training and Testing Activities in ronment and Public Works. who defend the inalienable right to free the Hawaii-Southern California Training and speech understand that the goals and activi- f Testing Study Areas’’ (RIN0648–BH29) re- ties of Boycott, Divestment, and Sanctions ceived in the Office of the President of the PETITIONS AND MEMORIALS campaigns in Ohio are harmful to the State’s relationships with Ohio’s Jewish citizens, Senate on February 13, 2019; to the Com- The following petition or memorial mittee on Commerce, Science, and Transpor- with Ohio’s non-Jewish citizens who support tation. was laid before the Senate and was re- the State of Israel and the Jewish people, EC–387. A communication from the Attor- ferred or ordered to lie on the table as and with the Jewish homeland, Israel, and ney-Advisor, U.S. Coast Guard, Department indicated: have a deleterious impact on the educational of Homeland Security, transmitting, pursu- POM–6. A concurrent resolution adopted environment; and Whereas, the Boycott, Divestment, and ant to law, the report of a rule entitled by the General Assembly of the State of Ohio Sanctions campaign’s call for academic boy- ‘‘Safety Zone; Lower Mississippi River, Mile condemning the Boycott, Divestment, and cotts has been condemned by many of our Markers 99.3 to 100.3 Above Head of Passes, Sanctions movement and the increasing New Orleans, LA’’ ((RIN1625–AA00) (Docket nation’s largest academic associations, over incidences of anti-Semitism; to the Com- two hundred fifty university presidents, and No. USCG–2018–1108)) received in the Office of mittee on Foreign Relations. the President of the Senate on February 13, many other leading scholars as a violation of HOUSE CONCURRENT RESOLUTION NO. 10 2019; to the Committee on Commerce, the bedrock principle of academic freedom; Science, and Transportation. Whereas, the citizens of the State of Ohio and EC–388. A communication from the Attor- have a history of standing against bigotry, Whereas, the members of the General As- sembly condemn all groups, including white ney-Advisor, U.S. Coast Guard, Department oppression, discrimination, and injustice; nationalist, neo-Nazi, and national socialist of Homeland Security, transmitting, pursu- and groups, that promote hatred, religious perse- ant to law, the report of a rule entitled Whereas, Ohio and Israel have a long his- cution, or violence towards others; Now ‘‘Safety Zone; Puget Sound, Tacoma, WA’’ tory of friendship and are great allies in sup- port of each other’s interests; and therefore be it ((RIN1625–AA87) (Docket No. USCG–2018– Resolved, That the members of the General 1082)) received in the Office of the President Whereas, the State of Israel, the only de- mocracy in the Middle East, is the greatest Assembly condemn the international Boy- of the Senate on February 13, 2019; to the cott, Divestment, and Sanctions movement Committee on Commerce, Science, and friend and ally of the United States in the Middle East; and and its activities in Ohio for legitimizing Transportation. anti-Semitism and for seeking to undermine EC–389. A communication from the Attor- Whereas, Ohio is committed to increasing the ties and interactions in business, govern- the Jewish people’s right to self-determina- ney-Advisor, U.S. Coast Guard, Department tion, which they are fulfilling in the State of of Homeland Security, transmitting, pursu- ment, the arts, culture, and education be- tween the State of Ohio and the State of Israel; and be it further ant to law, the report of a rule entitled Resolved, That the members of the General Israel, further strengthening the historic ‘‘Safety Zone; Tumon Bay, Tumon, GU’’ Assembly condemn activities that con- ties between our State and that country; and ((RIN1625–AA00) (Docket No. USCG–2018– tribute directly or indirectly to the denial, Whereas, ties between Ohio’s and Israel’s 0864)) received in the Office of the President violation, or delegitimization of any people’s academic, research, business, and nonprofit of the Senate on February 13, 2019; to the academic freedom, including, but not limited communities are both robust and long- Committee on Commerce, Science, and to, promotion of academic boycotts by the Transportation. standing; and Boycott, Divestment, and Sanctions move- EC–390. A communication from the Attor- Whereas, the elected representatives of ment against Israel; and be it further ney-Advisor, U.S. Coast Guard, Department Ohio recognize the importance of expressing Resolved, That the members of the General of Homeland Security, transmitting, pursu- their unabridged support for the Jewish peo- Assembly consider the international Boy- ant to law, the report of a rule entitled ple and the State of Israel’s right to exist cott, Divestment, and Sanctions movement ‘‘Safety Zone for Fireworks Display; Spa and thrive, and their unabridged support for and its agenda inherently antithetical and Creek, Annapolis, MD’’ ((RIN1625–AA00) Israel’s right of self-defense; and deeply damaging to the causes of peace, jus- (Docket No. USCG–2018–1021)) received in the Whereas, there are increasing incidents of tice, equality, democracy, and human rights Office of the President of the Senate on Feb- anti-Semitism around the world, including for all peoples in the Middle East and in the ruary 13, 2019; to the Committee on Com- across the United States and in Ohio, includ- United States; and be it further merce, Science, and Transportation. ing desecration of Jewish religious sites; and Resolved, That we, the members of the EC–391. A communication from the Attor- Whereas, the international Boycott, Di- 132nd General Assembly of the State of Ohio, ney-Advisor, U.S. Coast Guard, Department vestment, and Sanctions movement is one of reaffirm our support for the State of Israel, of Homeland Security, transmitting, pursu- the main vehicles for legitimizing anti-Semi- recognize that the Jewish people are indige- ant to law, the report of a rule entitled tism on campus and advocating the elimi- nous to the land of Israel, condemn all at- ‘‘Safety Zone; Sacramento New Year’s Eve nation of the Jewish State; and tacks on the people of Israel, support Israel’s Fireworks Display, Sacramento River, Sac- Whereas, anti-Israel activities and activi- right to engage in lawful acts of self-defense, ramento, CA’’ ((RIN1625–AA00) (Docket No. ties promoting the Boycott, Divestment, and and oppose all attempts to deny the legit- USCG–2018–1089)) received in the Office of the Sanctions movement against Israel are wide- imacy of Israel as a sovereign state; and be President of the Senate on February 13, 2019; spread in the State of Ohio, including on sev- it further to the Committee on Commerce, Science, eral university campuses and in other Ohio Resolved, That we, the members of the and Transportation. communities, and contribute to anti-Semitic 132nd General Assembly of the State of Ohio, EC–392. A communication from the Attor- and anti-Zionistic propaganda and threats to reaffirm our position that the trustees, ad- ney-Advisor, U.S. Coast Guard, Department both American and Israeli Jewish students, ministrators, and educators at all levels in of Homeland Security, transmitting, pursu- and result in deliberate interference with the our universities in Ohio, must take an active ant to law, the report of a rule entitled learning environment of all students; and stand against all anti-Semitic actions and ‘‘Safety Zone; Queen Mary Fireworks Event; Whereas, the dramatic increase in Boycott, intimidation taken against Jewish students Long Beach, California’’ ((RIN1625–AA00) Divestment, and Sanctions campaign activi- on their campuses, whereby all students may (Docket No. USCG–2018–1079)) received in the ties on college campuses around the country feel safe, and be safe, from harm due to these Office of the President of the Senate on Feb- has resulted in increased animosity and in- pernicious activities; and be it further

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.012 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1491 Resolved, That the members of the General ceived by the Senate and appeared in the Air Force nomination of Tolulope O. A. Assembly encourage and support the exercise Congressional Record on January 24, 2019. Aduroja, to be Lieutenant Colonel. of free speech and civil debate, particularly Air Force nominations beginning with Air Force nomination of Erick L. Jackson, on college campuses, and further encourage Craig K. Abee and ending with Carol A. to be Major. university and college administrations to Yeager, which nominations were received by Army nomination of James B. Flowers, to curb any impediments to free speech and any the Senate and appeared in the Congres- be Colonel. abridgment of free speech on campus by any sional Record on January 24, 2019. Army nomination of Dylan T. Randazzo, to individuals or groups, and urge them to take Air Force nominations beginning with Mi- be Colonel. disciplinary action against all students, fac- chael J. Chung and ending with Bradley J. Army nomination of Jerry D. Hallman, to ulty, and administrators who engage in ac- Pierson, which nominations were received by be Colonel. tions that abridge free speech on campus in the Senate and appeared in the Congres- Army nomination of Christopher P. violation of the First Amendment to the sional Record on January 24, 2019. Moellering, to be Major. Constitution of the United States; and be it Air Force nomination of Robert T. Hines, Army nomination of Joubert N. Paulino, further Jr., to be Lieutenant Colonel. to be Major. Resolved, That the Clerk of the House of Air Force nominations beginning with Army nomination of Saw K. San, to be Representatives transmit duly authenticated Marc A. Banjak and ending with Jennifer C. Major. copies of this resolution to the President of Whitko, which nominations were received by Army nominations beginning with Rebecca the United States, the Speaker and Clerk of the Senate and appeared in the Congres- J. Quackenbush and ending with David A. the United States House of Representatives, sional Record on January 24, 2019. Watkins, which nominations were received the President and Secretary of the United Air Force nominations beginning with by the Senate and appeared in the Congres- States Senate, the Chancellor of Higher Edu- Dennis M. Britten and ending with Kristen sional Record on January 24, 2019. cation and each of the nine members of the Marie Wyrick, which nominations were re- Army nomination of Stacie L. Kervin, to Ohio Board of Regents, the provosts and ceived by the Senate and appeared in the be Major. chairpersons of the boards of trustees of all Congressional Record on January 24, 2019. Army nomination of Brian R. Kossler, to Ohio public and private colleges and univer- Air Force nominations beginning with be Major. sities, and the Israeli Embassy in Wash- Jason G. Arnold and ending with Carrie A. Army nomination of Katherine A. O’Brien, ington, D.C., for transmission to the proper Schmid, which nominations were received by to be Major. authorities in the State of Israel. the Senate and appeared in the Congres- Army nomination of Jessica N. sional Record on January 24, 2019. Peralesludemann, to be Major. f Air Force nominations beginning with Army nomination of Julia C. Phillips, to David P. Bailey and ending with Amy S. be Major. EXECUTIVE REPORTS OF Swets, which nominations were received by Army nomination of Alain M. Alexandre, COMMITTEES the Senate and appeared in the Congres- to be Major. The following executive reports of sional Record on January 24, 2019. Army nomination of Taliat A. nominations were submitted: Air Force nominations beginning with Animashaun, to be Major. Kimberly J. Kloeber and ending with Marsha Army nomination of G010349, to be Major. By Mr. INHOFE for the Committee on L. Schuman, which nominations were re- Army nomination of Jordanna M. Hostler, Armed Services. ceived by the Senate and appeared in the to be Lieutenant Colonel. Army nomination of Lt. Gen. Michael X. Congressional Record on January 24, 2019. Army nomination of Elizabeth N. Strick- Garrett, to be General. Air Force nomination of Joyce C. Beaty, to land, to be Major. Air Force nomination of Col. Timothy J. be Colonel. Army nomination of Shawn M. T. May, to Donnellan, to be Brigadier General. Air Force nominations beginning with be Major. Air Force nomination of Col. Stephen J. Timothy S. Mccarty and ending with Teresa Army nomination of Kyle A. Zahn, to be Mallette, to be Brigadier General. M. Starks, which nominations were received Major. Navy nominations beginning with Capt. by the Senate and appeared in the Congres- Army nomination of Joseph J. Fantony, to Scott M. Brown and ending with Capt. Eric sional Record on January 24, 2019. be Major. H. Verhage, which nominations were re- Air Force nominations beginning with Jen- Army nomination of Chariti D. Paden, to ceived by the Senate and appeared in the nifer J. Archer and ending with Lawrence D. be Major. Congressional Record on January 30, 2019. Peavler, which nominations were received by Army nomination of Donald W. Rakes, to Navy nominations beginning with Capt. the Senate and appeared in the Congres- be Colonel. Jeffrey T. Anderson and ending with Capt. sional Record on January 24, 2019. Army nominations beginning with Ronnie Jeromy B. Williams, which nominations Air Force nominations beginning with An- S. Barnes and ending with Francis R. Mont- were received by the Senate and appeared in drew T. Allen and ending with Assy Yacoub, gomery, which nominations were received by the Congressional Record on January 30, which nominations were received by the Sen- the Senate and appeared in the Congres- 2019. ate and appeared in the Congressional sional Record on February 12, 2019. Air Force nomination of Lt. Gen. VeraLinn Record on January 24, 2019. Army nomination of Charles A. Riley, to Jamieson, to be Lieutenant General. Air Force nominations beginning with be Major. Mr. INHOFE. Mr. President, for the Elham Barani and ending with Brandon H. Army nomination of Richard S. McNutt, to Committee on Armed Services I report Williams, which nominations were received be Major. favorably the following nomination by the Senate and appeared in the Congres- Army nomination of Lloyd V. Lozada, to sional Record on January 24, 2019. be Major. lists which were printed in the Air Force nominations beginning with Army nominations beginning with Julio RECORDS on the dates indicated, and Homayoun R. Ahmadian and ending with Joe Acosta and ending with April L. Sapp, which ask unanimous consent, to save the ex- X. Zhang, which nominations were received nominations were received by the Senate and pense of reprinting on the Executive by the Senate and appeared in the Congres- appeared in the Congressional Record on Calendar that these nominations lie at sional Record on January 24, 2019. February 12, 2019. the Secretary’s desk for the informa- Air Force nominations beginning with Marine Corps nomination of Matthew T. tion of Senators. Francis E. Becker and ending with Brent J. Coughlin, to be Colonel. Marine Corps nomination of Bethanne The PRESIDING OFFICER. Without Winward, which nominations were received by the Senate and appeared in the Congres- Canero, to be Lieutenant Colonel. objection, it is so ordered. sional Record on January 24, 2019. Marine Corps nominations beginning with Air Force nomination of Jason D. Hoskins, Air Force nominations beginning with Kevin T. Brownlee and ending with Daniel L. to be Lieutenant Colonel. Margaret E. Abbott and ending with Jeffrey Youmans, which nominations were received Air Force nominations beginning with C. Yee, which nominations were received by by the Senate and appeared in the Congres- Nancy E. Costa and ending with Alexander O. the Senate and appeared in the Congres- sional Record on January 24, 2019. Kirkpatrick, which nominations were re- sional Record on January 24, 2019. Marine Corps nominations beginning with ceived by the Senate and appeared in the Air Force nominations beginning with Jo- Kevin F. Champaigne and ending with John Congressional Record on January 24, 2019. seph L. Abrams and ending with Alyssa R. C. Johnson, which nominations were re- Air Force nomination of Saiprasad M. Zuehl, which nominations were received by ceived by the Senate and appeared in the Zemse, to be Major. the Senate and appeared in the Congres- Congressional Record on January 24, 2019. Air Force nominations beginning with Jef- sional Record on January 24, 2019. Marine Corps nominations beginning with frey Wayne Akin and ending with Steven S. Air Force nomination of Katherine R. Aaron J. Griffus and ending with Jeremiah Zasueta, which nominations were received Morganti, to be Colonel. J. Zeiszler, which nominations were received by the Senate and appeared in the Congres- Air Force nominations beginning with Pat- by the Senate and appeared in the Congres- sional Record on January 24, 2019. rick N. Westmoreland and ending with Aaron sional Record on January 24, 2019. Air Force nominations beginning with J. Lippy, which nominations were received Marine Corps nominations beginning with David C. Salisbury and ending with Robert by the Senate and appeared in the Congres- Daniel H. Cusinato and ending with Eduardo L. Wilkie, Jr., which nominations were re- sional Record on February 6, 2019. Quiroz, which nominations were received by

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the Senate and appeared in the Congres- *Robert Hunter Kurtz, of Virginia, to be an BLUMENTHAL, Mr. WYDEN, Mr. MAR- sional Record on January 24, 2019. Assistant Secretary of Housing and Urban KEY, Mr. BENNET, Ms. DUCKWORTH, Marine Corps nominations beginning with Development. Mr. SANDERS, Ms. SMITH, Ms. WAR- Armando A. Freire and ending with Andrew *Bimal Patel, of Georgia, to be an Assist- REN, Mr. BOOKER, Ms. KLOBUCHAR, J. Shriver, which nominations were received ant Secretary of the Treasury. Mrs. GILLIBRAND, Mr. KAINE, and Mr. by the Senate and appeared in the Congres- *Judith DelZoppo Pryor, of Ohio, to be a CARPER): sional Record on January 24, 2019. Member of the Board of Directors of the Ex- S. 557. A bill to reunite families separated Marine Corps nomination of Stephen R. port-Import Bank of the United States for a at or near ports of entry; to the Committee Byrnes, to be Lieutenant Colonel. term expiring January 20, 2021. on the Judiciary. Marine Corps nominations beginning with *Kimberly A. Reed, of West Virginia, to be By Mr. MARKEY (for himself, Mr. Herman E. Holley and ending with Brian E. President of the Export-Import Bank of the SASSE, Mr. BLUNT, Mr. SCHATZ, Ms. Kelly, which nominations were received by United States for a term expiring January COLLINS, and Mr. BENNET): the Senate and appeared in the Congres- 20, 2021. S. 558. A bill to amend the Public Health sional Record on January 24, 2019. *Todd M. Harper, of Virginia, to be a Mem- Service Act to authorize a program on chil- Marine Corps nominations beginning with ber of the National Credit Union Administra- dren and the media within the National In- Darren M. Gallagher and ending with Austin tion Board for a term expiring April 10, 2021. stitutes of Health to study the health and de- E. Wren, which nominations were received *Nomination was reported with rec- velopmental effects of technology on infants, by the Senate and appeared in the Congres- ommendation that it be confirmed sub- children, and adolescents; to the Committee sional Record on January 24, 2019. ject to the nominee’s commitment to on Health, Education, Labor, and Pensions. Marine Corps nominations beginning with respond to requests to appear and tes- By Mr. TESTER (for himself, Ms. MCSALLY, Mr. MARKEY, Mr. Alexander N. Abate and ending with Joseph tify before any duly constituted com- A. Zukowski, Jr., which nominations were BLUMENTHAL, Ms. WARREN, Mr. received by the Senate and appeared in the mittee of the Senate. WHITEHOUSE, Mr. VAN HOLLEN, Mr. Congressional Record on January 24, 2019. (Nominations without an asterisk COONS, and Mr. BOOKER): Marine Corps nominations beginning with were reported with the recommenda- S. 559. A bill to amend the Family and German Alicealapuerta and ending with tion that they be confirmed.) Medical Leave Act of 1993 to provide leave Lydia A. Simons, which nominations were f because of the death of a son or daughter; to received by the Senate and appeared in the the Committee on Health, Education, Labor, Congressional Record on January 24, 2019. INTRODUCTION OF BILLS AND and Pensions. Marine Corps nominations beginning with JOINT RESOLUTIONS By Ms. BALDWIN (for herself, Ms. Eric J. Adams and ending with Wayne R. The following bills and joint resolu- ERNST, Ms. MURKOWSKI, and Mr. BROWN): Zuber, which nominations were received by tions were introduced, read the first the Senate and appeared in the Congres- S. 560. A bill to amend the Public Health sional Record on January 24, 2019. and second times by unanimous con- Service Act, the Employee Retirement In- Marine Corps nomination of Joseph W. sent, and referred as indicated: come Security Act of 1974, and the Internal Crandall, to be Colonel. By Ms. KLOBUCHAR (for herself and Revenue Code of 1986 to require that group Marine Corps nominations beginning with Mr. PERDUE): and individual health insurance coverage and Aaron S. Ellis and ending with Curtis B. Mil- S. 552. A bill to amend the Commodity Ex- group health plans provide coverage for ler, which nominations were received by the change Act to exempt certain charitable or- treatment of a congenital anomaly or birth Senate and appeared in the Congressional ganizations from regulation as commodity defect; to the Committee on Health, Edu- Record on January 24, 2019. pool operators, and for other purposes; to the cation, Labor, and Pensions. Marine Corps nomination of Justin D. Committee on Agriculture, Nutrition, and By Mr. LEAHY (for himself, Mr. DUR- Mosley, to be Major. Forestry. BIN, Mrs. FEINSTEIN, Mr. JONES, Mr. Marine Corps nominations beginning with By Mr. YOUNG (for himself and Mr. SCHUMER, Mr. COONS, Ms. HARRIS, Mr. Andres J. Agramonte and ending with Ross MARKEY): WHITEHOUSE, Mr. CASEY, Mr. KAINE, A. Hrynewych, which nominations were re- S. 553. A bill to direct the Secretary of Mr. BLUMENTHAL, Mr. REED, Mr. ceived by the Senate and appeared in the Commerce to establish a working group to BROWN, Ms. SMITH, Mr. MERKLEY, Mr. Congressional Record on January 24, 2019. recommend to Congress a definition of MARKEY, Ms. CANTWELL, Mr. MURPHY, Marine Corps nominations beginning with blockchain technology, and for other pur- Ms. BALDWIN, Ms. HASSAN, Mrs. MUR- Bethany S. Peterson and ending with Jon T. poses; to the Committee on Commerce, RAY, Mr. HEINRICH, Mr. WYDEN, Mr. Peterson, which nominations were received Science, and Transportation. BOOKER, Ms. HIRONO, Mr. KING, Mrs. by the Senate and appeared in the Congres- By Mr. UDALL (for himself and Mr. SHAHEEN, Mr. SANDERS, Mr. VAN HOL- sional Record on February 6, 2019. SULLIVAN): LEN, Ms. CORTEZ MASTO, Mr. WARNER, Navy nomination of Jessica M. P. Miller, S. 554. A bill to direct the Secretary of Vet- Ms. STABENOW, Mr. CARPER, Mr. to be Lieutenant Commander. erans Affairs to take actions necessary to CARDIN, Mr. MENENDEZ, Mr. UDALL, Navy nomination of Rosemary M. ensure that certain individuals may update Mr. BENNET, Mr. SCHATZ, Mrs. GILLI- Hardesty, to be Lieutenant Commander. the burn pit registry with the cause of death BRAND, Ms. WARREN, Ms. DUCKWORTH, Navy nomination of Brett T. Thomas, to be of a registered individual, and for other pur- Ms. KLOBUCHAR, Ms. ROSEN, Mr. Lieutenant Commander. poses; to the Committee on Veterans’ Af- TESTER, Mr. PETERS, and Ms. Navy nominations beginning with Scott A. fairs. SINEMA): Adams and ending with Bret A. Yount, which By Ms. SMITH (for herself, Mr. TILLIS, S. 561. A bill to amend the Voting Rights nominations were received by the Senate and Ms. WARREN, Mr. MERKLEY, Ms. COL- Act of 1965 to revise the criteria for deter- appeared in the Congressional Record on LINS, Ms. KLOBUCHAR, Mr. LEAHY, Ms. mining which States and political subdivi- February 6, 2019. BALDWIN, Mr. WYDEN, Mr. TESTER, sions are subject to section 4 of the Act, and Navy nominations beginning with Peter D. Mr. COONS, Ms. HARRIS, Ms. HIRONO, for other purposes; to the Committee on the Allen and ending with Robert D. Williams, Mr. MARKEY, and Mr. KING): Judiciary. which nominations were received by the Sen- S. 555. A bill to amend title 38, United By Ms. DUCKWORTH (for herself, Ms. ate and appeared in the Congressional States Code, to provide for the treatment of MURKOWSKI, Ms. KLOBUCHAR, and Mr. Record on February 12, 2019. veterans who participated in the cleanup of BROWN): By Mr. CRAPO for the Committee on Enewetak Atoll as radiation exposed vet- S. 562. A bill to amend title XVIII of the Banking, Housing, and Urban Affairs. erans for purposes of the presumption of Social Security Act to provide coverage for *Mark Anthony Calabria, of Virginia, to be service-connection of certain disabilities by custom fabricated breast prostheses fol- Director of the Federal Housing Finance the Secretary of Veterans Affairs, and for lowing a mastectomy; to the Committee on Agency for a term of five years. other purposes; to the Committee on Vet- Finance. *Seth Daniel Appleton, of Missouri, to be erans’ Affairs. By Ms. DUCKWORTH (for herself and an Assistant Secretary of Housing and Urban By Mr. GRASSLEY (for himself, Mr. Mr. PERDUE): Development. COTTON, Mrs. CAPITO, Ms. ERNST, S. 563. A bill to amend title 23, United *Spencer Bachus III, of Alabama, to be a Mrs. BLACKBURN, Mr. INHOFE, Mr. States Code, to allow airport projects to be Member of the Board of Directors of the Ex- LANKFORD, Mr. BOOZMAN, Mr. eligible to participate in the TIFIA program, port-Import Bank of the United States for a PERDUE, Mr. ENZI, Mrs. HYDE-SMITH, and for other purposes; to the Committee on term expiring January 20, 2023. Mr. LEE, Mr. WICKER, and Mr. Environment and Public Works. *Dino Falaschetti, of Montana, to be Direc- THUNE): By Mr. PETERS (for himself and Mr. tor, Office of Financial Research, Depart- S. 556. A bill to expand the use of E–Verify, BURR): ment of the Treasury, for a term of six years. to hold employers accountable, and for other S. 564. A bill to establish a task force to *Rodney Hood, of North Carolina, to be a purposes; to the Committee on the Judici- identify countervailable subsidies and dump- Member of the National Credit Union Admin- ary. ing; to the Committee on Finance. istration Board for a term expiring August 2, By Ms. HARRIS (for herself, Mr. By Ms. ERNST (for herself, Mr. BRAUN, 2023. MERKLEY, Ms. CORTEZ MASTO, Mr. and Mr. PAUL):

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.023 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1493 S. 565. A bill to require the Director of the S. Res. 78. A resolution recognizing the na- Inspiring School Employees (RISE) Office of Management and Budget to submit tional debt as a threat to national security; Program recognizing excellence exhib- to Congress an annual report on projects to the Committee on Finance. ited by classified school employees pro- that are over budget and behind schedule, By Mr. KAINE (for himself, Mr. viding services to students in pre- and for other purposes; to the Committee on PORTMAN, Ms. BALDWIN, Mr. YOUNG, Homeland Security and Governmental Af- Mr. BARRASSO, Mr. BENNET, Mrs. kindergarten through high school. fairs. BLACKBURN, Mr. BLUMENTHAL, Mr. S. 343 By Mr. JONES (for himself and Mr. BOOZMAN, Mr. BRAUN, Mr. BROWN, Ms. At the request of Mr. BARRASSO, the KENNEDY): CANTWELL, Mrs. CAPITO, Mr. CARPER, name of the Senator from Iowa (Ms. S. 566. A bill to amend the Securities and Mr. CASEY, Mr. COONS, Mr. CORNYN, ERNST) was added as a cosponsor of S. Exchange Act of 1934 to expand access to Ms. CORTEZ MASTO, Mr. DAINES, Ms. 343, a bill to amend the Internal Rev- capital for rural-area small businesses, and DUCKWORTH, Mr. DURBIN, Mr. ENZI, enue Code of 1986 to terminate the for other purposes; to the Committee on Mrs. FEINSTEIN, Ms. HARRIS, Ms. HAS- credit for new qualified plug-in electric Banking, Housing, and Urban Affairs. SAN, Ms. HIRONO, Mr. HOEVEN, Mrs. By Mr. CRUZ (for himself, Mr. COTTON, HYDE-SMITH, Mr. INHOFE, Mr. ISAK- drive motor vehicles and to provide for Mr. RUBIO, Mr. CRAMER, and Mr. GRA- SON, Mr. KING, Ms. KLOBUCHAR, Mr. a Federal highway user fee on alter- HAM): MANCHIN, Mr. MURPHY, Mrs. MURRAY, native fuel vehicles. S. 567. A bill clarifying that it is United Mr. PERDUE, Mr. PETERS, Mr. ROB- S. 362 States policy to recognize Israel’s sov- ERTS, Ms. ROSEN, Mr. ROUNDS, Mr. At the request of Mr. WYDEN, the ereignty over the Golan Heights; to the Com- SANDERS, Mrs. SHAHEEN, Ms. SMITH, names of the Senator from Arizona mittee on Foreign Relations. Ms. STABENOW, Mr. THUNE, Mr. (Ms. SINEMA), the Senator from Michi- By Mrs. MURRAY (for herself, Mr. TILLIS, Mr. VAN HOLLEN, Mr. WAR- CASEY, Ms. HIRONO, Ms. BALDWIN, Mr. NER, Mr. WICKER, Mr. WYDEN, and Ms. gan (Mr. PETERS), the Senator from BLUMENTHAL, Mr. BOOKER, Mr. ERNST): Wyoming (Mr. BARRASSO), the Senator BROWN, Ms. CANTWELL, Mr. CARDIN, S. Res. 79. A resolution supporting the from Georgia (Mr. ISAKSON) and the Mr. COONS, Ms. CORTEZ MASTO, Ms. goals and ideals of Career and Technical Senator from Nevada (Ms. CORTEZ DUCKWORTH, Mr. DURBIN, Mrs. FEIN- Education Month; considered and agreed to. MASTO) were added as cosponsors of S. STEIN, Mrs. GILLIBRAND, Ms. HARRIS, f 362, a bill to amend the Internal Rev- Ms. HASSAN, Ms. KLOBUCHAR, Mr. enue Code of 1986 to reform taxation of LEAHY, Mr. MARKEY, Mr. MENENDEZ, ADDITIONAL COSPONSORS alcoholic beverages. Mr. MERKLEY, Mr. MURPHY, Mr. S. 117 PETERS, Mr. REED, Ms. ROSEN, Mr. S. 447 At the request of Mr. SCHUMER, the SANDERS, Mr. SCHATZ, Mr. SCHUMER, At the request of Mr. MENENDEZ, the name of the Senator from Minnesota Ms. SMITH, Mr. UDALL, Mr. VAN HOL- name of the Senator from Michigan (Ms. KLOBUCHAR) was added as a co- LEN, Ms. WARREN, Mr. WHITEHOUSE, (Ms. STABENOW) was added as a cospon- and Mr. WYDEN): sponsor of S. 117, a bill to prohibit dis- sor of S. 447, a bill to regulate large ca- S. 568. A bill to amend the Child Care and crimination against individuals with pacity ammunition feeding devices. Development Block Grant Act of 1990 and the disabilities who need long-term serv- S. 499 Head Start Act to promote child care and ices and supports, and for other pur- At the request of Mr. CASSIDY, the early learning, and for other purposes; to the poses. Committee on Health, Education, Labor, and name of the Senator from Hawaii (Mr. S. 150 Pensions. SCHATZ) was added as a cosponsor of S. By Mr. YOUNG (for himself, Mr. At the request of Mr. SANDERS, the 499, a bill to amend the Outer Conti- TESTER, Mr. MORAN, Mr. MANCHIN, name of the Senator from Pennsyl- nental Shelf Lands Act to apply to ter- Mr. INHOFE, Mr. KING, and Mr. COT- vania (Mr. CASEY) was added as a co- ritories of the United States, to estab- TON): sponsor of S. 150, a bill to provide for lish offshore wind lease sale require- S. 569. A bill to direct the Secretary of increases in the Federal minimum ments, to provide dedicated funding for Transportation to issue regulations relating wage, and for other purposes. to commercial motor vehicle drivers under coral reef conservation, and for other S. 172 the age of 21, and for other purposes; to the purposes. Committee on Commerce, Science, and At the request of Mr. GARDNER, the S. 500 Transportation. names of the Senator from South Da- At the request of Mr. WARNER, the By Mr. MARKEY (for himself, Mr. kota (Mr. ROUNDS) and the Senator name of the Senator from Oregon (Mr. BLUMENTHAL, Ms. BALDWIN, Mr. KING, from Missouri (Mr. BLUNT) were added MERKLEY) was added as a cosponsor of Mr. VAN HOLLEN, Ms. SMITH, and Ms. as cosponsors of S. 172, a bill to delay KLOBUCHAR): S. 500, a bill to amend title 54, United the reimposition of the annual fee on States Code, to establish, fund, and S. 570. A bill to conduct or support further health insurance providers until after comprehensive research for the creation of a provide for the use of amounts in a Na- universal influenza vaccine; to the Com- 2021. tional Park Service Legacy Restora- mittee on Health, Education, Labor, and S. 227 tion Fund to address the maintenance Pensions. At the request of Ms. MURKOWSKI, the backlog of the National Park Service, By Mr. MERKLEY (for himself and Ms. name of the Senator from Oregon (Mr. and for other purposes. SMITH): WYDEN) was added as a cosponsor of S. At the request of Mr. PORTMAN, the S. 571. A bill to provide the Bureau of Con- 227, a bill to direct the Attorney Gen- name of the Senator from Oregon (Mr. sumer Financial Protection with the author- eral to review, revise, and develop law ity to regulate land contracts, and for other WYDEN) was added as a cosponsor of S. purposes; to the Committee on Banking, enforcement and justice protocols ap- 500, supra. Housing, and Urban Affairs. propriate to address missing and mur- S. 504 By Mr. PERDUE (for himself, Mr. dered Indians, and for other purposes. At the request of Ms. SINEMA, the JONES, Mr. ISAKSON, Mr. RUBIO, Mr. S. 317 name of the Senator from Idaho (Mr. SCOTT of Florida, Mr. TILLIS, Mr. At the request of Mr. GRASSLEY, the RISCH) was added as a cosponsor of S. SULLIVAN, and Mr. SCOTT of South name of the Senator from Virginia (Mr. 504, a bill to amend title 36, United Carolina): S. 572. A bill to provide for additional sup- KAINE) was added as a cosponsor of S. States Code, to authorize The Amer- plemental appropriations for disaster relief; 317, a bill to amend title XIX of the So- ican Legion to determine the require- to the Committee on Appropriations. cial Security Act to provide States ments for membership in The Amer- with the option of providing coordi- f ican Legion, and for other purposes. nated care for children with complex S. 510 SUBMISSION OF CONCURRENT AND medical conditions through a health At the request of Mr. MARKEY, the SENATE RESOLUTIONS home. name of the Senator from Oregon (Mr. The following concurrent resolutions S. 323 MERKLEY) was added as a cosponsor of and Senate resolutions were read, and At the request of Mrs. MURRAY, the S. 510, a bill to amend the Communica- referred (or acted upon), as indicated: name of the Senator from Ohio (Mr. tions Act of 1934 to provide for certain By Mr. PERDUE (for himself, Ms. BROWN) was added as a cosponsor of S. requirements relating to charges for ERNST, Mr. LANKFORD, Mr. MORAN, 323, a bill to direct the Secretary of internet, television, and voice services, Mr. ROUNDS, and Mr. SASSE): Education to establish the Recognition and for other purposes.

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.017 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1494 CONGRESSIONAL RECORD — SENATE February 26, 2019 S.J. RES. 7 mother, I understand the difficult deci- $22,000,000,000,000, resulting in a total inter- At the request of Mr. SANDERS, the sions families have to make every day est expense of more than $192,000,000,000 for name of the Senator from Minnesota to survive. I have experienced these fiscal year 2019; challenges firsthand. Yet, all these Whereas, on December 21, 2018, the total (Ms. KLOBUCHAR) was added as a co- public debt as a percentage of gross domestic sponsor of S.J. Res. 7, a joint resolu- years later, for many Hawaii families, product was 104 percent; tion to direct the removal of United child care costs exceed all other ex- Whereas the last balanced Federal budget States Armed Forces from hostilities penses besides housing. was signed into law in 1997; in the Republic of Yemen that have not On average, Hawaii parents can ex- Whereas, in fiscal year 2018, Federal tax re- been authorized by Congress. pect to pay $8,280 per year, or $690 per ceipts totaled $3,329,000,000,000, but Federal month, in child care expenses. These outlays totaled $4,108,000,000,000, leaving the S. CON. RES. 5 costs are 25 percent higher than they Federal Government with a 1-year deficit of At the request of Mr. BARRASSO, the were just a decade ago, but wages have $779,000,000,000; names of the Senator from Wyoming hardly kept pace. As a result, Hawaii Whereas, every year since the last bal- (Mr. ENZI) and the Senator from Mon- families will dedicate around 11 per- anced Federal budget was signed in 1997, tana (Mr. DAINES) were added as co- Congress has failed to maintain a fiscally re- cent of their family budget to child sponsible budget and has typically relied on sponsors of S. Con. Res. 5, a concurrent care—exceeding the government’s resolution supporting the Local Radio raising the debt ceiling; standard for affordable care. Whereas the Social Security and Medicare Freedom Act. Unfortunately, even for families that Boards of Trustees project that the Federal S. RES. 74 can afford child care, finding that need- Hospital Insurance Trust Fund will be de- At the request of Mr. PORTMAN, the ed care may be difficult. This is be- pleted in 2026; name of the Senator from New Jersey cause our early childhood educators Whereas the Social Security and Medicare (Mr. BOOKER) was added as a cosponsor and child care workers are overworked Boards of Trustees project that the Federal of S. Res. 74, a resolution marking the and underpaid. In addition, there is a Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust fifth anniversary of Ukraine’s Revolu- severe need for more facilities to ac- Fund will be depleted in 2034; tion of Dignity by honoring the brav- commodate the families that need Whereas the credit rating of the United ery, determination, and sacrifice of the them. The need is great, and that is States was reduced by Standard and Poor’s people of Ukraine during and since the why the Child Care for Working Fami- from AAA to AA+ on August 5, 2011, and has Revolution, and condemning continued lies Act is so important. This legisla- remained at that level since that date; Russian aggression against Ukraine. tion will make sure working families Whereas, without a targeted effort to bal- have access to high-quality, affordable ance the Federal budget, the credit rating of f early childhood programs. the United States is certain to continue to STATEMENTS ON INTRODUCED Specifically, the bill expands the ex- fall; BILLS AND JOINT RESOLUTIONS isting Child Care and Development Whereas the National Security Strategy Block Grant program to guarantee issued by President Donald Trump highlights By Mrs. MURRAY (for herself, the need to reduce the national debt through that working and middle class families Mr. CASEY, Ms. HIRONO, Ms. fiscal responsibility; have access to affordable child care— BALDWIN, Mr. BLUMENTHAL, Mr. Whereas, on April 12, 2018, former Sec- ensuring that these families do not BOOKER, Mr. BROWN, Ms. CANT- retary of Defense James Mattis warned that have to pay more than 7 percent of ‘‘any Nation that can’t keep its fiscal house WELL, Mr. CARDIN, Mr. COONS, their income toward care, regardless of in order eventually cannot maintain its mili- Ms. CORTEZ MASTO, Ms. how many children they have. tary power’’; DUCKWORTH, Mr. DURBIN, Mrs. The bill also expands Head Start to Whereas, on March 6, 2018, Director of Na- FEINSTEIN, Mrs. GILLIBRAND, promote universal preschool for young tional Intelligence Dan Coats warned: ‘‘Our Ms. HARRIS, Ms. HASSAN, Ms. children. continued plunge into debt is unsustainable KLOBUCHAR, Mr. LEAHY, Mr. Additionally, the bill also addresses and represents a dire future threat to our MARKEY, Mr. MENENDEZ, Mr. the need to support our early childhood economy and to our national security’’; Whereas, on November 15, 2017, former Sec- MERKLEY, Mr. MURPHY, Mr. workers by making sure teachers, care retaries of Defense Leon Panetta, Ash Car- PETERS, Mr. REED, Ms. ROSEN, givers, and other workers responsible ter, and Chuck Hagel warned: ‘‘Increase in Mr. SANDERS, Mr. SCHATZ, Mr. for our children are fairly-compensated the debt will, in the absence of a comprehen- SCHUMER, Ms. SMITH, Mr. and fully-supported with training and sive budget that addresses both entitlements UDALL, Mr. VAN HOLLEN, Ms. professional development opportuni- and revenues, force even deeper reductions in WARREN, Mr. WHITEHOUSE, and ties. our national security capabilities’’; and Mr. WYDEN): These are the core provisions of the Whereas, on September 22, 2011, former S. 568. A bill to amend the Child Care bill, which represents an essential in- Chairman of the Joint Chiefs of Staff Mi- and Development Block Grant Act of vestment in the stability and pros- chael Mullen warned: ‘‘I believe the single, 1990 and the Head Start Act to promote perity of working families in Hawaii biggest threat to our national security is debt’’: Now, therefore, be it child care and early learning, and for and across our Nation. Every family Resolved, That the Senate— other purposes; to the Committee on deserves access to high-quality, afford- (1) recognizes that the national debt is a Health, Education, Labor, and Pen- able early childhood programs, and we threat to the national security of the United sions. will continue fighting to make child States; Ms. HIRONO. Mr. President, I come care more affordable for all children. (2) realizes that deficits are unsustainable, to the floor today to express my sup- I thank my colleagues for their con- irresponsible, and dangerous; and port for the Child Care for Working tinued support in this effort, and urge (3) commits to addressing the fiscal crisis faced by the United States. Families Act, which I was proud to in- support for this important legislation. troduce earlier this afternoon with f f Senators MURRAY, CASEY, and 30 of our SUBMITTED RESOLUTIONS SENATE RESOLUTION 79—SUP- Senate colleagues. PORTING THE GOALS AND We know that investments in early IDEALS OF CAREER AND TECH- childhood programs are foundational SENATE RESOLUTION 78—RECOG- NICAL EDUCATION MONTH for future academic and social success. NIZING THE NATIONAL DEBT AS Mr. KAINE (for himself, Mr. A THREAT TO NATIONAL SECU- Yet child care remains unaffordable for PORTMAN, Ms. BALDWIN, Mr. YOUNG, RITY too many working families in the Mr. BARRASSO, Mr. BENNET, Mrs. United States. Mr. PERDUE (for himself, Ms. ERNST, BLACKBURN, Mr. BLUMENTHAL, Mr. For parents worried about how to pay Mr. LANKFORD, Mr. MORAN, Mr. BOOZMAN, Mr. BRAUN, Mr. BROWN, Ms. for basic living expenses like housing, ROUNDS, and Mr. SASSE) submitted the CANTWELL, Mrs. CAPITO, Mr. CARPER, food, education, and transportation, in- following resolution; which was re- Mr. CASEY, Mr. COONS, Mr. CORNYN, Ms. creasing child care costs can place a ferred to the Committee on Finance: CORTEZ MASTO, Mr. DAINES, Ms. heavy burden on family budgets. S. RES. 78 DUCKWORTH, Mr. DURBIN, Mr. ENZI, As a young immigrant from Japan Whereas, in February 2019, the total public Mrs. FEINSTEIN, Ms. HARRIS, Ms. HAS- who was raised by a single, working debt outstanding was more than SAN, Ms. HIRONO, Mr. HOEVEN, Mrs.

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Last year, Con- MANCHIN, Mr. MURPHY, Mrs. MURRAY, to Rico, the United States Virgin Islands, gress affirmed the importance of CTE and outlying areas; and Mr. PERDUE, Mr. PETERS, Mr. ROBERTS, by passing the Strengthening Career Whereas February 23, 2019, marks the 102d Ms. ROSEN, Mr. ROUNDS, Mr. SANDERS, anniversary of the signing of the Act of Feb- and Technical Education for the 21st Mrs. SHAHEEN, Ms. SMITH, Ms. STABE- ruary 23, 1917 (commonly known as the Century Act which supports CTE pro- NOW, Mr. THUNE, Mr. TILLIS, Mr. VAN ‘‘Smith-Hughes Vocational Education Act of grams in secondary and postsecondary HOLLEN, Mr. WARNER, Mr. WICKER, Mr. 1917’’) (39 Stat. 929, chapter 114), which was education. WYDEN, and Ms. ERNST) submitted the the first major Federal investment in sec- Today, with my Senate CTE Caucus following resolution; which was consid- ondary CTE and laid the foundation for the co-chairs Senator PORTMAN, Senator ered and agreed to: bipartisan, bicameral support for CTE that BALDWIN, and Senator YOUNG and 47 S. RES. 79 continues as of February 2019: Now, there- colleagues in the Senate, I am pleased fore, be it Whereas a competitive global economy re- Resolved, That the Senate— to introduce a bipartisan resolution to quires workers who are prepared for skilled (1) designates February 2019 as ‘‘Career and designate February as Career and professions; Technical Education Month’’ to celebrate ca- Technical Education (CTE) month. Whereas, in the next decade, an estimated reer and technical education across the CTE Month encourages students, par- 3,000,000 new workers will be needed in infra- United States; structure positions in the United States, in- ents, counselors, educators, and school (2) supports the goals and ideals of Career cluding in positions for designing, building, leaders to learn more about the diverse and Technical Education Month; and operating transportation, housing, utili- educational opportunities offered in (3) recognizes the importance of career and ties, and telecommunications facilities; technical education in preparing a well-edu- their communities, and recognize the Whereas career and technical education cated and skilled workforce in the United valuable role of CTE in developing a (referred to in this preamble as ‘‘CTE’’) en- States; and well-educated and highly skilled work- sures that competitive and skilled workers (4) encourages educators, guidance and ca- force in the United States. are ready, willing, and capable of holding reer development professionals, administra- jobs in high-wage, high-skill, and in-demand By formally recognizing CTE Month career fields such as science, technology, en- tors, and parents to promote career and through this resolution, it is our aim gineering, mathematics, nursing, allied technical education as a respected option for to raise greater awareness of the im- health, construction, information tech- students. portance of improving access to high- nology, energy sustainability, and many Mr. KAINE. Mr. President, our Na- quality CTE for millions of America’s other career fields that are vital in keeping tion’s continued economic progress and students and our nation’s ongoing eco- the United States competitive in the global the social mobility of our citizens are nomic competitiveness. economy; contingent on the education and skills f Whereas CTE helps the United States meet of the American workforce and its abil- the very real and immediate challenges of ity to adjust and fulfill the needs of the AUTHORITY FOR COMMITTEES TO economic development, student achieve- MEET ment, and global competitiveness; 21st century economy. Career and tech- Whereas the United States has 30,000,000 nical education (CTE) programs are an Mr. LANKFORD. Mr. President, I jobs with an average income of $55,000 per essential piece of every student’s edu- have 8 requests for committees to meet year that do not require a bachelor’s degree cation, providing them access to the during today’s session of the Senate. yet increasingly require some level of post- important knowledge, skills, and cre- They have the approval of the Majority secondary education; dentials needed to obtain careers in and Minority leaders. Whereas nearly 12,200,000 students are en- rapidly growing, high-demand fields. rolled in CTE across the country at the sec- Pursuant to rule XXVI, paragraph ondary and postsecondary levels, with CTE Today, approximately 12.2 million stu- 5(a), of the Standing Rules of the Sen- programs in thousands of CTE centers, com- dents across the Nation are enrolled in ate, the following committees are au- prehensive high schools, career academies, CTE programs offered by thousands of thorized to meet during today’s session and CTE high schools, and nearly 1,000 2-year career academies, comprehensive high of the Senate: colleges; schools, CTE high schools, community COMMITTEE ON ARMED SERVICES Whereas CTE matches employability skills colleges, and CTE centers. Through in- with workforce demand and provides rel- The Committee on Armed Services is tentionally designed applied learning, authorized to meet during the session evant academic and technical coursework these students gain workplace skills leading to industry-recognized credentials of the Senate on Tuesday, February 26, and technical training that mirror in- for secondary, postsecondary, and adult 2019, at 9.30 a.m., to conduct a hearing learners; demand positions in the workforce. ‘‘United States Strategic Command In the coming decade, a projected 3 Whereas CTE affords students the oppor- and United States Northern Command million skilled workers will be needed tunity to gain the knowledge, skills, and cre- in review of the Defense Authorization to fill infrastructure positions in the dentials needed to secure careers in growing, Request for fiscal year 2020 and the Fu- high-demand fields; United States, including jobs related to ture Years Defense Program.’’ Whereas secondary CTE is associated with designing, building, and operating a lower probability of dropping out of high transportation, housing, telecommuni- COMMITTEE ON ENERGY AND NATURAL RESOURCES school and a higher likelihood of graduating cation, and utilities facilities. CTE on-time; programs intentionally match employ- The Committee on Energy and Nat- Whereas CTE students were significantly ural Resources is authorized to meet more likely than non-CTE students to report ability skills with workforce demands, lowering the probability of students during the session of the Senate on having developed problem-solving, project Tuesday, February 26, 2019, at 10 a.m., completion, research, math, college applica- dropping out of high school and in- tion, work-related, communication, time creasing their likelihood of graduating to conduct a hearing. management, and critical thinking skills on time. These skills-based training COMMITTEE ON FINANCE during high school; programs will help fill the estimated 30 The Committee on Finance is author- Whereas, according to an American Fed- million U.S. jobs available with an av- ized to meet during the session of the eration of Teachers poll, 94 percent of par- erage income annual income of $55,000 Senate on Tuesday, February 26, 2019, ents approve of expanding access to CTE and at 10:15 a.m., to conduct a hearing enti- other programs that prepare students for that do not require a bachelor’s degree jobs; yet necessitate some level of postsec- tled ‘‘Drug Pricing in America: A pre- Whereas students at schools with highly ondary education. scription for change, Part II.’’ integrated rigorous academic and CTE pro- Across Virginia, I hear from manu- COMMITTEE ON HOMELAND SECURITY AND grams are significantly more likely to meet facturers frustrated by the shortage of GOVERNMENTAL AFFAIRS college and career readiness benchmarks qualified skilled production employ- The Committee on Homeland Secu- than students at schools with less integrated ees—roles that require the training and rity and Governmental Affairs is au- programs; instruction provided in CTE class- thorized to meet during the session of Whereas, last year, Congress affirmed the importance of CTE by passing the Strength- rooms. It is essential that we elevate the Senate on Tuesday, February 26, ening Career and Technical Education for the important role of CTE in the coun- 2019, at 3:30 p.m., to conduct a hearing the 21st Century Act (Public Law 115–224), try’s ability to meet the inter- entitled ‘‘Opportunity to SOAR: 15 which supports program improvement in sec- connected challenges of economic de- years of school choice in DC.’’

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Res. 79) was agreed Committee on Armed Services is au- of the Treasury, Todd M. Harper, of to. thorized to meet during the session of Virginia, and Rodney Hood, of North The preamble was agreed to. the Senate on Tuesday, February 26, Carolina, both to be a Member of the (The resolution, with its preamble, is 2019, at 3 p.m., to conduct a closed National Credit Union Administration printed in today’s RECORD under ‘‘Sub- hearing. Board, Spencer Bachus III, of Alabama, mitted Resolutions.’’) SUBCOMMITTEE ON SURFACE TRANSPORTATION and Judith DelZoppo Pryor, of Ohio, f AND MERCHANT MARINE INFRASTRUCTURE, both to be a Member of the Board of SAFETY AND SECURITY Directors, and Kimberly A. Reed, of ORDERS FOR WEDNESDAY, The Subcommittee on Surface Trans- West Virginia, to be President, all of FEBRUARY 27, 2019 portation and Merchant Marine Infra- the Export-Import Bank of the United structure, Safely and Security of the States, and Seth Daniel Appleton, of Ms. MURKOWSKI. Madam President, Committee on Commerce, Science, and Missouri, and Robert Hunter Kurtz, of I ask unanimous consent that when the Transportation is authorized to meet Virginia, both to be an Assistant Sec- Senate completes its business today, it during the session of the Senate on retary of Housing and, Urban Develop- adjourn until 10 a.m., Wednesday, Feb- Tuesday, February 26, 2019, at 2:30 p.m., ment; to be immediately followed by a ruary 27; further, that following the to conduct a hearing entitled ‘‘Exam- hearing to examine. prayer and pledge, the morning hour be deemed expired, the Journal of pro- ining intermodal connections across f our surface transportation network.’’ ceedings be approved to date, the time SUBCOMMITTEE ON ANTITRUST, COMPETITION PRIVILEGES OF THE FLOOR for the two leaders be reserved for their POLICY AND CONSUMER RIGHTS Mr. CARPER. Mr. President, I ask use later in the day, morning business The Subcommittee on Antitrust, unanimous consent that Kaitlyn be closed, and the Senate proceed to Competition Policy and Consumer Prichard and Zach Pilchen, a legisla- executive session and resume consider- Rights of the Committee on the Judici- tive fellow and a detailee in my office, ation of the Desmond nomination ary is authorized to meet during the have privileges of the floor for the du- under the previous order. session of the Senate on Tuesday, Feb- ration of the 116th Congress. The PRESIDING OFFICER. Without objection, it is so ordered. ruary 26, 2019, at 10 a.m., to conduct a f hearing entitled ‘‘Examining the 2019 f annual intellectual property report to SUPPORTING THE GOALS AND Congress.’’ IDEALS OF CAREER AND TECH- ADJOURNMENT UNTIL 10 A.M. Mr. TILLIS. Mr. President, I have a NICAL EDUCATION MONTH TOMORROW request for one committee to meet dur- Ms. MURKOWSKI. Madam President, Ms. MURKOWSKI. Madam President, ing today’s session of the Senate. It I ask unanimous consent that the Sen- if there is no further business to come has the approval of the Majority and ate proceed to the immediate consider- before the Senate, I ask unanimous Minority leaders. ation of S. Res. 79, submitted earlier consent that it stand adjourned under Pursuant to rule XXVI, paragraph today. the previous order. 5(a), of the Standing Rules of the Sen- The PRESIDING OFFICER. The There being no objection, the Senate, ate, the following committee is author- clerk will report the resolution by at 7:07 p.m., adjourned until Wednes- ized to meet during today’s session of title. day, February 27, 2019, at 10 a.m. the Senate: The senior assistant legislative clerk COMMITTEE ON BANKING, HOUSING, AND URBAN read as follows: f AFFAIRS A resolution (S. Res. 79) supporting the The Committee on Banking, Housing, goals and ideals of Career and Technical CONFIRMATION and Urban Affairs is authorized to Education Month. Executive nomination confirmed by meet during the session of the Senate There being no objection, the Senate the Senate February 26, 2019: on Tuesday, February 26, 2019, at 9:30 proceeded to consider the resolution. THE JUDICIARY a.m., to conduct a hearing on the Semi- Ms. MURKOWSKI. I further ask ERIC D. MILLER, OF WASHINGTON, TO BE UNITED annual Monetary Policy Report to the unanimous consent that the resolution STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT.

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COMMEMORATING THE JAPANESE Greaney Jacobs, a resident of Dauphin Coun- Anne was born in Troy, New York before AMERICAN CITIZENS LEAGUE ty, Pennsylvania, who is celebrating 100 years moving to Broward County, Florida as a teen- DAY OF REMEMBRANCE ON FEB- young on Monday, April 1, 2019. ager. After high school, Anne became known RUARY 19, 2019 Mrs. Jacobs was born in Bound Brook, New for her activism in Sunrise city politics, before Jersey, and moved to New Bloomfield, Penn- retiring far too young after suffering a stroke in HON. JOHN GARAMENDI sylvania with her mother, brother and two sis- 1982. In typical Anne fashion, she fought hard OF CALIFORNIA ters after her father died. Ellen graduated from in rehab and recovered to work for local real IN THE HOUSE OF REPRESENTATIVES New Bloomfield High School and the Carlisle estate developers in Plantation and Boca Tuesday, February 26, 2019 Commercial College. She married her hus- Raton. Anne was appreciative of those who band of 69 years, Cyrus D. Jacobs, in West- helped her in her time of need, so she started Mr. GARAMENDI. Madam Speaker, I rise minster, Maryland on September 24, 1938. volunteering at the Sunrise Rehabilitation Cen- today to commemorate February 19th as a Ellen has three sons, six grandchildren, and ter and became a popular one-on-one volun- Day of Remembrance for the country and es- twelve great grandchildren. teer for victims of stroke rehabilitation and pecially for the Japanese American commu- Ellen is an active member of the Order of brain injuries. She served on the hospital’s nity. On that day in 1942, the President of the the Eastern Star (Capitol City Chapter), Dau- community advisory board, while also volun- United States signed and issued Executive phin Middle Paxton Historical Society, Dauphin teering with Shake-a-Leg, a group for individ- Order 9066, an action which ordered the Sec- Middle Paxton Area Senior Citizens, and still uals with disabilities who sailed monthly on retary of War, ‘‘to prescribe military areas . . . delivers Meals on Wheels on a regular basis. Biscayne Bay. from which any or all persons may be ex- cluded, and with respect to which, the right of She is a longtime member of Hope United Madam Speaker, Anne’s commitment to her any person to enter, remain in, or leave shall Presbyterian Church in Dauphin, where she community is a true testament to the person be subject to whatever restrictions the Sec- enjoys Christian fellowship, Bible study, and that she was. Anne will be remembered by the retary of War or the appropriate Military Com- making Easter and Christmas candy. She en- lives that she touched during her 77 years on mander may impose in his discretion.’’ joys playing pinochle with her card club, read- this earth. Many fond memories of her will for- Following this executive order, one of the ing, gardening (especially her beloved roses), ever remain with her sons, Robert and Mi- darkest chapters in American history began as watching the leaves change in the fall and chael, her sister, Maureen, her grandchildren, over 120,000 Japanese Americans throughout flowers bloom in the spring, and bird watching. Amanda, Matthew, Courtney, Casey, and Washington, Oregon and California were sum- I join Ellen’s friends and family in extending Kelly, her great-grandchild, Parker, and her marily interned in prison camps. Those com- my best and warmest wishes to her on this nieces and nephews, Ryan, Lauren, Grant, munities, uprooted until the end of World War special day, and in celebrating her life and Logan and Abby. Anne’s love for her family II, were forced to abandon their lives as they contributions to our great Commonwealth and will be forever enshrined in her last words to left behind homes, jobs, friends and loved Country. her son, Robert, when she told him ‘tell every- ones. No due process was granted and On behalf of Pennsylvania’s Tenth Congres- one I love them’. I offer my deepest condo- throughout the years of imprisonment, no one sional District, I extend God’s blessings and lences to her entire family during this time of was charged or even convicted of any action my heartfelt congratulations to Mrs. Ellen great sadness. Anne was truly a blessing to that would have betrayed the country that they Greaney Jacobs on her 100th Birthday. our community. I am so pleased to honor her called home. Their only ‘‘crime’’ was that they f memory. She will be dearly missed. were of Japanese descent. f As the Representative of California’s 3rd PERSONAL EXPLANATION District I am proud to recognize our local Jap- IN APPRECIATION OF ED anese American Citizens League Chapter of HON. ANTHONY BRINDISI CANNADY UPON HIS RETIRE- MENT FROM THE UNITED Marysville, California. Over the past few days OF NEW YORK STATES FOREST SERVICE they have taken the opportunity to honor the IN THE HOUSE OF REPRESENTATIVES memory of the hardship that was forced on Japanese Americans by engaging the commu- Tuesday, February 26, 2019 HON. MICHAEL K. SIMPSON nity-at-large to educate their neighbors on the Mr. BRINDISI. Madam Speaker, due to in- OF IDAHO importance of defending the civil rights that clement weather in central and upstate New IN THE HOUSE OF REPRESENTATIVES are due every American citizen. I commend York on February 25, 2019, I was unable to their work and aim to carry forward that very vote. Had I been present, I would have voted Tuesday, February 26, 2019 message. Yes on Roll Call No. 88 (H.R. 539, the Mr. SIMPSON. Madam Speaker, it is with Especially at a time when our nation is so Innovators to Entrepreneurs Act of 2019) and great pleasure and a little sadness that I rise divided, it is important to spend this time re- Yes on Roll Call Vote No. 89 (H.R. 276, the today to recognize Ed Cannady and the great membering what happened on that day in Recognizing Achievement in Classified School service he has given to our country, conserva- 1942 and the dangers that come from ignoring Employees Act). tion and recreation as he retires from the our most basic civil rights guaranteed by the f United States Forest Service. Constitution. I call on my fellow Americans to One of the great aspects of serving in Con- reflect on what took place during those terrible HONORING THE LIFE AND LEGACY gress is meeting people, and Ed will be one years and to fight to protect the rights of all OF ANNE MARIE LABELLE of the individuals I remember most. Over the Americans, no matter their heritage or race. years, Ed has been a guide, a teacher and a f HON. ALCEE L. HASTINGS friend to me and my staff. CELEBRATING THE 100TH BIRTH- OF FLORIDA I first met Ed in the early 2000s when I DAY OF MRS. ELLEN GREANEY IN THE HOUSE OF REPRESENTATIVES began working on my Boulder-White Clouds JACOBS Wilderness bill. I thought it would be important Tuesday, February 26, 2019 to get a first-hand look at the lands I would be Mr. HASTINGS. Madam Speaker, I rise proposing for wilderness designation so I HON. SCOTT PERRY today to honor the life and legacy of Anne asked the Sawtooth National Forest Super- OF PENNSYLVANIA Marie Labelle. Anne was a wonderful mother, visor to set up a backpacking trip for my staff IN THE HOUSE OF REPRESENTATIVES sister, grandmother, great grandmother and and me. Tuesday, February 26, 2019 aunt. She was a selfless community advocate It was my good fortune that Ed was given Mr. PERRY. Madam Speaker, today I offer and will always be remembered for her the assignment to take a Congressman and my heartfelt congratulations to Mrs. Ellen strength and love of family. his staff into the Boulder-White Clouds. I’m not

∑ 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.

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When we woke the next day to when he punched through a window to free authority to the District government and would a winter scene and the chance of even more Officer Reid. give D.C. the discretion to establish its own snow, prudence dictated that it was time to After freeing both officers and pulling them clemency system. pack up and go home early. to safety, Juan Salgado left the scene and re- This bill is an important step in establishing While it was a short trip, it made for a great turned to his familiar and comfortable state of further autonomy for the District in its own story and was the first of many enlightening obscurity. local affairs. I urge my colleagues to support trips and learning experiences into what is The day after saving Officers Daily and this measure. now the Cecil D. Andrus-White Clouds Wilder- Reid, Juan Salgado was back at work as a ness that Ed took us on. landscaper. f I also want to give special recognition to Ed This documented hero was an undocu- MONSIGNOR ROBERT T. for the help and expertise that he provided me mented immigrant. MCDERMOTT and my staff as we developed the Boulder- But it was not his immigration status that White Clouds and Jerry Peak wilderness pack- Juan Salgado thought about on that fateful HON. DONALD NORCROSS age. As far as I know, there is only one per- Christmas Eve. OF NEW JERSEY son alive who has been through and over Instead, he saw two human beings who every acre of those mountains and it happens needed assistance and he did not hesitate to IN THE HOUSE OF REPRESENTATIVES to be Ed. offer it knowing the danger it posed to him and Tuesday, February 26, 2019 As we were determining wilderness bound- his resident status in the United States. Mr. NORCROSS. Madam Speaker, I rise aries, roads, trails, creeks, snowmobile areas Madam Speaker, Juan Salgado put his today to honor the life and legacy of the late and helicopter landing and ski areas, Ed was community above himself and because of his Monsignor Robert T. McDermott of the City of the one person who could always give me the selflessness Officers Daily and Reid are alive Camden, Camden County, located in the First answers I needed. More importantly, I could today. Congressional District of the Great State of always count on Ed to give me both sides of I offer my deepest condolences to the family New Jersey, for his decades of public service. the issue in an impartial manner that was fair and loved ones of Juan Salgado as they Monsignor McDermott was born July 19, to all parties. mourn the loss of this unsung hero. 1942 in the City of Camden and attended He also identified potential conflicts for me f Saint Joseph’s Pro-Cathedral School and later with boundaries and uses so that we could re- PERSONAL EXPLANATION attended Camden Catholic High School. solve problems before they were locked into In 1969, Monsignor McDermott was or- legislation. I can say with confidence that it dained into the priesthood. He then became would have been very difficult to write the bill HON. PETER A. DeFAZIO the pastor at Saint Joseph Pro-Cathedral for without his help and expertise and for that I OF OREGON thirty years and went on to serve as Vicar want to say ‘‘thank you Ed.’’ IN THE HOUSE OF REPRESENTATIVES General for the Diocese of Camden. Ed Cannady is one of the good guys and Tuesday, February 26, 2019 While ministering to the poor and diverse my staff and I are going to miss him. Fortu- immigrant community, Monsignor McDermott Mr. DEFAZIO. Madam Speaker, I missed nately, we know he’s not really going away recognized the needs of the community and and we will keep in touch in the many years votes on Monday, February 25 due to inclem- ent weather in Oregon. Had I been present, I assisted in the facilitation of opening several to come. nonprofits including the Joseph Fund. Good luck and enjoy your retirement Ed. would have voted ‘‘yea’’ on Roll Call No. 89; and ‘‘yea’’ on Roll Call No. 88. The Joseph Fund assists other nonprofits f with fundraising and obtaining resources, such f IN REMEMBRANCE OF JUAN CAR- as; Saint Joseph Carpenter Society, which im- LOS SALGADO: HOUSTON, TEXAN INTRODUCTION OF THE DISTRICT proves affordable housing, Saint Joseph Child AND GOOD SAMARITAN OF COLUMBIA CLEMENCY HOME Development Center, LUCY Outreach, sup- RULE ACT porting youth through after-school tutoring, HON. SHEILA JACKSON LEE mentoring and trauma-informed care, Joseph’s HON. ELEANOR HOLMES NORTON House of Camden, aids the homeless, offering OF TEXAS emergency shelter, supportive housing and OF THE DISTRICT OF COLUMBIA IN THE HOUSE OF REPRESENTATIVES social services, as well as the Romero Center, Tuesday, February 26, 2019 IN THE HOUSE OF REPRESENTATIVES committed to ending poverty and discrimina- Ms. JACKSON LEE. Madam Speaker, I rise Tuesday, February 26, 2019 tion throughout the world. to pay tribute to an angel, Juan Carlos Ms. NORTON. Madam Speaker, today, I in- In the community he both loved and called Salgado, a Houston resident and Good Sa- troduce the District of Columbia Clemency home, Monsignor McDermott served with com- maritan who passed away on January 13, Home Rule Act, a bill that would give the Dis- passion and distinction. The Monsignor was a 2019, in Houston, Texas at the age of 41. trict of Columbia exclusive authority, like the role model, extraordinary public servant, a tire- On the evening of January 13, 2019, Juan states and territories, to grant clemency to of- less advocate for others and will be deeply Salgado was walking to a local market to pick fenders prosecuted under its local laws. missed. up dinner, but he never made it because while While District law appears to give the mayor Madam Speaker, I ask you to join with me crossing Telephone Road near Red Robin authority to grant clemency (D.C. Code 1– in mourning the loss and honoring the legacy Lane, Juan Salgado was struck by two cars 301.76), it is the opinion of the Department of of the late Monsignor Robert T. McDermott. and died at the scene. Justice (DOJ) that the president, and not the f Madam Speaker, Juan Salgado was not one mayor, has the authority to grant clemency for to draw attention; rather he kept to himself most offenses prosecuted under D.C. law, par- PERSONAL EXPLANATION and worked hard as a landscaper, and sent ticularly felonies prosecuted by the U.S. Attor- his extra earnings to his mother in Guerrero, ney in the D.C. Superior Court. Under current HON. LOIS FRANKEL Mexico. practice, clemency petitions for D.C. convic- OF FLORIDA But there is more to the story of this won- tions, like federal convictions, are submitted to IN THE HOUSE OF REPRESENTATIVES derful man. the DOJ for the president’s consideration. Three weeks before his death, on Decem- Whether or not DOJ’s view is correct, my Tuesday, February 26, 2019 ber 24, 2018, in the early morning hours of bill would remove all doubt that the District, Ms. FRANKEL. Madam Speaker, on roll call Christmas Eve, a drunk driver collided with a and not the president, has the authority to votes 88 and 89, I was not present because Houston Police Department cruiser that was issue clemency for local offenses. The District, I was unavoidably detained. Had I been en route to assist a fellow officer. like the states and territories, should have full present, I would have voted ‘‘yea’’ and ‘‘yea.’’

VerDate Sep 11 2014 05:15 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A26FE8.005 E26FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS February 26, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E211 PERSONAL EXPLANATION who is retiring this week after serving as Oak- civilians an opportunity to be part of a military wood City Police Chief for the past 25 years. organization without formal commitment to the HON. DORIS O. MATSUI Mr. Moon started with the Oakwood Police military. OF CALIFORNIA Department in 1990 and was quickly promoted Alumni of the Pershing Rifles have fought IN THE HOUSE OF REPRESENTATIVES to Chief in June of 1994. Over the past 29 with valor and distinction as military and naval years, Mr. Moon has witnessed the police officers in every American conflict since the Tuesday, February 26, 2019 force grow from seven officers to sixteen offi- Spanish-American War. Distinguished alumni Ms. MATSUI. Madam Speaker, had I been cers and has been key in assisting the depart- include former Secretary of State Colin Powell, present for the vote on H.R. 539, the ment as they have worked to grow the depart- among many other notable American military, Innovators to Entrepreneurs Act (Roll Call ment with an ever-changing city. Through it political, professional, and cultural leaders. Vote no. 88), I would have voted ‘‘aye’’. all, he is most proud of ‘‘maintaining an excel- Madam Speaker, I am honored to rise and Had I been present for the vote on H.R. lent workplace, with excellent pay and bene- recognize 125 years of service to the nation 276, the Recognizing Achievement in Classi- fits.’’ since the formation of the Pershing Rifles. fied School Employees Act, (Roll Call Vote no. Mr. Moon credits a presentation on bike Throughout their history, they have strived for 89) I would have voted ‘‘aye’’. safety, given to his second-grade class by two excellence in all that they do and have clearly f Georgia State Patrol troopers, as the catalyst lived up to the vision of their founder. I can TRIBUTE TO RONALD H. ROBERTS for his desire to work in law enforcement. Ever think of no tribute more fitting, to honor the liv- since, Mr. Moon knew law enforcement was ing legacy of General of the Armies John J. his calling, and he has since served in law en- Pershing and his vision for military and civic HON. KEN CALVERT forcement for over 34 years, including 29 excellence. OF CALIFORNIA years in Oakwood. f IN THE HOUSE OF REPRESENTATIVES He leaves his successor with a few words of ´ Tuesday, February 26, 2019 wisdom: be a friend, be a family, as that’s HONORING ARTURO ELIAS AYUB, what sets Oakwood apart from other police MR. AMIGO OF THE 82ND AN- Mr. CALVERT. Madam Speaker, I rise today NUAL CHARRO DAYS FIESTA to honor and pay tribute to my good friend departments. Ronald ‘‘Ron’’ Roberts, who passed away in The citizens of Northeast Georgia are fortu- San Diego, California on Monday, February 4, nate to have men like Mr. Moon serving our HON. FILEMON VELA 2019. Ron was a dedicated public servant and communities. I thank Mr. Moon for his exem- OF TEXAS he will be deeply missed. plary service, and I wish him all the best in his IN THE HOUSE OF REPRESENTATIVES Throughout his life, Ron worked to improve retirement. Tuesday, February 26, 2019 f the community around him. In the first phase Mr. VELA. Madam Speaker, I rise today in of his public service, Ron worked as a Cali- RECOGNIZING THE ACHIEVEMENTS honor of Arturo Elı´as Ayub, who has been fornia Highway Patrol officer. By the time he AND SERVICE OF THE NATIONAL named Mr. Amigo 2018 by the Mr. Amigo As- retired, Ron had risen to the rank of sergeant. SOCIETY OF PERSHING RIFLES sociation of Brownsville, Texas. A Mexican After his career in law enforcement, Ron businessman, entrepreneur, and philan- began what would eventually be a twenty-four- HON. BILLY LONG thropist, Mr. Ayub has enjoyed a distinguished year dedication to the city of Temecula. Ron career spanning over three decades. Cur- was first appointed to the Temecula Traffic OF MISSOURI IN THE HOUSE OF REPRESENTATIVES rently, he serves as the Chief Executive Offi- Commission in 1990, the year after the city in- cer (CEO) of Multimedia and Strategic Alli- corporated. Tuesday, February 26, 2019 ances of America Movil, Director of Uno TV, In 1992, Ron was elected to the Temecula Mr. LONG. Madam Speaker, I rise today to and President of the Instituto TELMEX del City Council, where he would ultimately serve honor the history, service and accomplish- Deporte. five consecutive terms, from 1992 to 2014, in- ments of the National Society of Pershing Ri- This year, from February 23rd to March 2nd, cluding five terms as the city’s mayor. The im- fles, whose members and alumni will observe citizens on both sides of the Rio Grande will pact of Ron’s leadership and hard work is on the organization’s 125th Anniversary during its gather to celebrate the 82nd Annual Charro display today throughout Temecula, particu- national convention, March 14 through 16 in Days Fiesta in Brownsville, Texas and Fiestas larly in its infrastructure, facilities, parks and li- Kansas City, Missouri. Mexicanas in Matamoros, Tamaulipas, Mex- braries. In fact, the city honored Ron by nam- In 1891, Second Lieutenant John J. Per- ico. The events of Charro Days commemorate ing its busiest library the Ronald H. Roberts shing, then a military instructor at the Univer- our shared history, culture and positive cross- Temecula Public Library. Ron was also right- sity of Nebraska-Lincoln, selected a top-tier border relationship. The Rio Grande binds our fully proud of his work granting public use of group of cadets to ‘‘promote the highest ideals city, and there isn’t a line or boundary that can the Duck Pond at the corner of Ynez and Ran- of the military profession,’’ among other things, eradicate the memories and friendships that cho California roads and revitalizing Old Town within the Nebraska cadet corps. In 1894, the have flourished over generations. Temecula. Extraordinary cities like Temecula group was named The Pershing Rifles, in Since 1967, as part of the festivities, the Mr. don’t exist by accident—they come to fruition honor of their founder and mentor. Lieutenant Amigo Association, whose mission is to pro- thanks to the vision and activism of tireless Pershing would go on to become Commander mote the international friendship and goodwill advocates like Ron Roberts. of the American Expeditionary Forces (AEF) in between the United States of America and the Ron is survived by his wife, Jeanne; son World War I, and remains the only active duty Republic of Mexico, identifies an individual to Ron, Jr. (wife Kara); daughter Wendy (hus- American to be awarded the rank of General be Mr. Amigo. The honoree must be a distin- band Sam); and five grandchildren. I extend of the Armies of the United States. guished Mexican citizen, who has contributed my heartfelt condolences to the Roberts fam- Since its humble beginnings, the Pershing to the friendship and understanding between ily, his friends, and everyone fortunate enough Rifles have vastly expanded, and now num- the U.S. and Mexico and has excelled in their to know Ron. Although Ron may be gone, the bers more than 600 ROTC cadet and mid- profession, exemplifying the highest standards many contributions he made to his country, shipman members spread across more than in their professional lives. community and family will have a lasting im- 60 campuses nationwide. Now in its 125th Mr. Amigo 2018, Arturo Elı´as Ayub, hails pact. year, members remain steadfast in their deter- from Mexico City. Since graduating from Ana- f mination to carry on the organization’s original huac University with a bachelor’s degree in RECOGNIZING OAKWOOD POLICE goal of promoting excellence in the military business management and a graduate certifi- CHIEF RANDALL MOON’S SERVICE arts. cate in senior business management from The mission of the National Society of Per- IPADE Business School in Mexico City, he HON. DOUG COLLINS shing Rifles is to aid in the development of has contributed significantly to the community OF GEORGIA successful officers in the Army, Navy and Air in which he lives, making him the perfect can- Force; foster camaraderie and esprit de corps didate for Mr. Amigo. After serving as CEO at IN THE HOUSE OF REPRESENTATIVES among all three Reserve Officers’ Training Sociedad Comercial Cadena, Ayub held many Tuesday, February 26, 2019 Corps programs; further the purposes, tradi- positions at TELMEX; his work developing crit- Mr. COLLINS of Georgia. Madam Speaker, tions, and concepts of the United States Army, ical alliances and partnerships beyond the re- I rise today to recognize Mr. Randall Moon, Navy, Air Force, and Marine Corps, and give gion contributed to the international growth of

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He was a dedicated public servant to Wor- In his position as TELMEX Telcel Founda- Undeterred and committed to her dream, thington, Ohio, for 36 years. tion CEO, Mr. Ayub has brought the resources Timmons joined the Air Force Reserves where David’s admirable career of service to Wor- of the foundation to projects in education, she flew noncombat support missions. She thington began when he interned while com- health care, natural disaster relief, human de- soon realized her dream as federal laws pleting his master’s degree at The Ohio State velopment, and sports. An avid soccer fan, he ended the discriminatory prohibition on women University. Skillfully demonstrating his capabili- translated his passion for the sport into efforts flying in combat missions, and during Oper- ties as an intern, he was hired in 1971 to to support social justice and increase access ation Desert Storm, then-Captain Timmons serve as an administrative assistant. Over the to highly-anticipated global sporting events to would become one of the first women to fly in course of the following decade, David proved the Americas. Ganar-Ganar magazine, a spe- combat. Following that operation, her career he possessed a dedicated work ethic, which cialized publication about corporate social re- would come full circle as she rejoined the helped him advance in his career. He was ap- sponsibility, selected TELMEX Telcel Founda- Delaware National Guard—flying the same C– pointed as Worthington City Manager in 1981, tion as the recipient of the 2013 Social Re- 130s she first learned to operate. a title he held for 26 years. Though he left of- sponsibility and Sustainable Award for their On January 8, 2012, then-Brigadier General fice in 2007, his legacy is not forgotten. His work in organizing the 2012 Homeless World Timmons would make history by becoming the strong ethical character, enthusiastic compas- Cup. Additionally, under Ayub’s leadership, Delaware Air National Guard’s first female sion, and devoted service to his home town Claro Sports delivered broadcasting of the commander, and again on February 1, 2017, made him the consummate example of a pub- 2014 Winter Olympics in Sochi to more than when she was promoted to the rank of Major lic servant. 50 television broadcasters in the Americas. General and named Adjunct General of the Though he will be missed dearly, I am con- This year’s Mr. Amigo award serves to rec- Delaware National Guard—the Governor’s fident that his memory will live on through his ognize the positive work Mr. Ayub has contrib- chief military advisor commanding 1,500 sol- exemplary life’s work and will continue to uted to our international relationship. It is also diers and 1,100 airmen. serve as an inspiration for individuals consid- a message of hope as he continues to help During her storied 42-year career, she ering a path in public service. Please keep his our communities, and in doing so, he inspires earned a Bronze Star for her service in Af- beloved wife, Ann, daughters Stephanie and the next generation of leaders. ghanistan and has flown over 5,200 hours in Lauren, and numerous grandchildren in your Today we honor Arturo Elı´as Ayub for his the cockpit, including 400 combat hours during prayers as they celebrate David’s life in the dedication to socioeconomic change, business contingencies, spanning Operations Desert coming days. development, and philanthropy. I join Browns- Shield, Desert Storm, Southern Watch, Joint f ville and Matamoros in welcoming Mr. Ayub to Guard, Iraqi Freedom, Enduring Freedom, and Charro Days. Inherent Resolve. She served on the National PERSONAL EXPLANATION f Guard’s Joint Diversity Executive Council and the Air Force Reserve Policy Committee. She HON. GUS M. BILIRAKIS PERSONAL EXPLANATION has received numerous honors, including in- OF FLORIDA duction into the Delaware Aviation Hall of IN THE HOUSE OF REPRESENTATIVES Fame and the Delaware Women’s Hall of HON. DANNY K. DAVIS Tuesday, February 26, 2019 OF ILLINOIS Fame. IN THE HOUSE OF REPRESENTATIVES By refusing to compromise on her dream, Mr. BILIRAKIS. Madam Speaker, yesterday, Timmons broke down barriers, blazed trails, I was unavoidably detained and unable to Tuesday, February 26, 2019 and inspired women to let nothing stand in make votes. Had I been present, I would have Mr. DANNY K. DAVIS of Illinois. Madam their way in service to our nation. I join Sen- voted: Yea on Roll Call 88, the Innovators to Speaker, I was unable to cast votes on the fol- ator CARPER and Senator COONS in thanking Entrepreneurs Act (H.R. 539), and Yea on Roll lowing legislative measures. If I were present Major General Carol Timmons for her over Call 89, the Recognizing Achievement in Clas- for roll call votes, I would have voted ‘‘aye’’ for four decades of service to our state and coun- sified School Employees Act (H.R. 276). the following votes: try, and we wish her the very best. f Roll 88, February 25, 2019: On Motion to f Suspend the Rules and Pass H.R. 539, the RECOGNIZING THE 27TH ANNIVER- Innovators to Entrepreneurs Act of 2019. PERSONAL EXPLANATION SARY OF THE KHOJALY MAS- Roll 89, February 25, 2019: On Motion to SACRE Suspend the Rules and Pass H.R. 276, Rec- HON. STEVE COHEN ognizing Achievement in Classified School OF TENNESSEE HON. STEVE COHEN Employees Act. IN THE HOUSE OF REPRESENTATIVES OF TENNESSEE f Tuesday, February 26, 2019 IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO MAJOR GENERAL Mr. COHEN. Madam Speaker, I was unable Tuesday, February 26, 2019 CAROL A. TIMMONS to vote on February 25th and 26th in order to Mr. COHEN. Madam Speaker, this week attend the funeral of Judge Russell B. marks the 27th anniversary of the massacre of HON. LISA BLUNT ROCHESTER Sugarmon, a civil rights giant from Memphis. hundreds of people in the town of Khojaly in If present, I would have voted YES on H.R. what was the largest killing of ethnic Azer- OF DELAWARE 539, H.R. 276, Motions to Order the Previous IN THE HOUSE OF REPRESENTATIVES baijani civilians in the course of the Armenia- Question, H. Res. 145, and H. Res. 144. Azerbaijan conflict. Khojaly, which is located in Tuesday, February 26, 2019 I would have also voted YES on H.J. Res. the Nagorno-Karabakh region of Azerbaijan, Ms. BLUNT ROCHESTER. Madam Speak- 46, a resolution of which I am a cosponsor, to was once home to 7,000 people. That was be- er, I rise today, on behalf of my colleagues stop President Trump’s unconstitutional at- fore Armenian armed forces massacred over tempt to circumvent Congress’s authority. Senator TOM CARPER and Senator CHRIS 600 unarmed people—including 106 women I would have also voted YES on S. 47. COONS of Delaware, to honor and congratulate and 83 children—and left less than 2,000 sur- Major General Carol Timmons for a lifetime of f vivors. Hundreds more became disabled due dedicated service to our country. DAVID ELDER to their horrific injuries. More than one hun- After graduating from William Penn High dred children lost a parent and 25 children lost School in 1977, Timmons enrolled in college HON. TROY BALDERSON both parents. At least 8 families were com- and enlisted in the Delaware National Guard. OF OHIO pletely killed. With a childhood dream of becoming an air- Even though a ceasefire went into effect IN THE HOUSE OF REPRESENTATIVES plane pilot, her career in flight would begin over two decades ago, more than 20 percent that very summer on a C–130 airplane in Tuesday, February 26, 2019 of Azerbaijan’s territory, including Nagorno- Savanah, Georgia. Despite her love of air- Mr. BALDERSON. Madam Speaker, I rise Karabakh and seven surrounding districts, re- planes, Air Force rules prevented women from today to honor the memory of David Elder, a main occupied and more than 1 million

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VerDate Sep 11 2014 05:15 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.021 E26FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS Tuesday, February 26, 2019 Daily Digest Senate Chamber Action Petitions and Memorials: Pages S1490–91 Executive Reports of Committees: Pages S1491–92 Routine Proceedings, pages S1447–S1496 Additional Cosponsors: Pages S1493–94 Measures Introduced: Twenty-one bills and two resolutions were introduced, as follows: S. 552–572, Statements on Introduced Bills/Resolutions: and S. Res. 78–79. Pages S1492–93 Pages S1494–95 Measures Passed: Additional Statements: Pages S1487–88 Career and Technical Education Month: Senate Authorities for Committees to Meet: agreed to S. Res. 79, supporting the goals and ideals Pages S1495–96 of Career and Technical Education Month. Privileges of the Floor: Page S1496 Page S1493 Record Votes: Two record votes were taken today. Desmond Nomination—Agreement: Senate re- (Today—30) Pages S1467–68 sumed consideration of the nomination of Michael J. Adjournment: Senate convened at 10 a.m. and ad- Desmond, of California, to be Chief Counsel for the journed at 7:07 p.m., until 10 a.m. on Wednesday, Internal Revenue Service and an Assistant General February 27, 2019. (For Senate’s program, see the re- Counsel in the Department of the Treasury. marks of the Acting Majority Leader in today’s Pages S1448–58, S1458–72 Record on page S1496.) During consideration of this nomination today, Senate also took the following action: By 84 yeas to 15 nays (Vote No. EX. 30), Senate Committee Meetings agreed to the motion to close further debate on the (Committees not listed did not meet) nomination. Pages S1467–68 A unanimous-consent-time agreement was reached BUSINESS MEETING providing that the post-cloture time on the nomina- tion expire at 12:15 p.m., on Wednesday, February Committee on Armed Services: Committee ordered favor- 27, 2019; and that there be two minutes of debate ably reported 1,818 nominations in the Army, Air equally divided prior to the vote on the motion to Force, Navy, and Marine Corps. invoke cloture on the nomination of Andrew Wheel- DEFENSE AUTHORIZATION REQUEST AND er, of Virginia, to be Administrator of the Environ- FUTURE YEARS DEFENSE PROGRAM mental Protection Agency. Page S1472 Committee on Armed Services: Committee concluded a A unanimous-consent agreement was reached pro- hearing to examine United States Strategic Com- viding for further consideration of the nomination at mand and United States Northern Command in re- approximately 10 a.m., on Wednesday, February 27, view of the Defense Authorization Request for fiscal 2019. Page S1496 year 2020 and the Future Years Defense Program, Nomination Confirmed: Senate confirmed the fol- after receiving testimony from General John E. lowing nomination: Hyten, USAF, Commander, United States Strategic By 53 yeas to 46 nays (Vote No. EX. 29), Eric Command, and General Terrence J. O’Shaughnessy, D. Miller, of Washington, to be United States Cir- USAF, Commander, United States Northern Com- cuit Judge for the Ninth Circuit. mand and North American Aerospace Command, Pages S1448–58, S1458–67, S1496 both of the Department of Defense. Messages from the House: Page S1488 B–21 ‘‘RAIDER’’ Measures Referred: Page S1488 Committee on Armed Services: Subcommittee on Airland Executive Communications: Pages S1488–90 received a closed briefing on the B–21 ‘‘Raider’’ D183

VerDate Sep 11 2014 06:22 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D26FE9.REC D26FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST D184 CONGRESSIONAL RECORD — DAILY DIGEST February 26, 2019 from General Stephen W. Wilson, USAF, Vice Chief culture Transportation Coalition; and Joseph Szabo, of Staff, and Randall G. Walden, Director, Rapid Chicago Metropolitan Agency for Planning, Chicago, Capabilities Office, both of the Air Force, Depart- Illinois, on behalf of the Coalition for America’s ment of Defense. Gateways and Trade Corridors. BUSINESS MEETING UNITED STATES TERRITORIES Committee on Banking, Housing, and Urban Affairs: Committee on Energy and Natural Resources: Committee Committee ordered favorably reported the nomina- concluded a hearing to examine the state of the tions of Mark Anthony Calabria, of Virginia, to be United States territories, after receiving testimony Director of the Federal Housing Finance Agency, from Puerto Rico Governor Ricardo Rossello, San Bimal Patel, of Georgia, to be an Assistant Secretary, Juan; Guam Governor Lourdes A. Leon Guerrero, and Dino Falaschetti, of Montana, to be Director, Adelup; United States Virgin Islands Governor Al- Office of Financial Research, both of the Department bert Bryan, Jr., St. Thomas; and Commonwealth of of the Treasury, Todd M. Harper, of Virginia, and the Northern Mariana Islands Governor Ralph Rodney Hood, of North Carolina, both to be a Deleon Guerrero Torres, Saipan. Member of the National Credit Union Administra- tion Board, Spencer Bachus III, of Alabama, and Ju- DRUG PRICING dith DelZoppo Pryor, of Ohio, both to be a Member Committee on Finance: Committee concluded a hearing of the Board of Directors, and Kimberly A. Reed, of to examine drug pricing in America, after receiving West Virginia, to be President, all of the Export-Im- testimony from Richard A. Gonzalez, AbbVie Inc., port Bank of the United States, and Seth Daniel Ap- North Chicago, Illinois; Pascal Soriot, AstraZeneca, pleton, of Missouri, and Robert Hunter Kurtz, of Wilmington, Delaware; Giovanni Caforio, Bristol- Virginia, both to be an Assistant Secretary of Hous- Myers Squibb, and Albert Bourla, Pfizer, both of ing and Urban Development. New York, New York; Jennifer Taubert, Johnson and Johnson, New Brunswick, New Jersey; Kenneth SEMIANNUAL MONETARY POLICY REPORT C. Frazier, Merck and Co., Inc., Kenilworth, New TO THE CONGRESS Jersey; and Olivier Brandicourt, Sanofi, Bridgewater, Committee on Banking, Housing, and Urban Affairs: New Jersey. Committee concluded a hearing to examine the Semiannual Monetary Policy Report to the Congress, YEMEN after receiving testimony from Jerome H. Powell, Committee on Foreign Relations: On Monday, February Chairman, Board of Governors of the Federal Reserve 25, 2019, Committee received a closed briefing on System. the conflict in Yemen from Timothy A. Lenderking, Deputy Assistant Secretary for Arabian Gulf Affairs, CONNECTING AMERICA Bureau of Near Eastern Affairs, Department of State; Committee on Commerce, Science, and Transportation: Sub- and Michael P. Mulroy, Deputy Assistant Secretary committee on Transportation and Safety concluded a for the Middle East, Department of Defense. hearing to examine connecting America, focusing on intermodal connections across our surface transpor- 2019 ANNUAL INTELLECTUAL PROPERTY tation network, after receiving testimony from REPORT TO CONGRESS Chuck Baker, American Short Line and Regional Committee on the Judiciary: Subcommittee on Intellec- Railroad Association, Washington, D.C.; Noel tual Property concluded a hearing to examine the Hacegaba, Port of Long Beach, Long Beach, Cali- 2019 Annual Intellectual Property Report to Con- fornia, on behalf of the Intermodal Association of gress, after receiving testimony from Vishal Amin, North America; Donna Lemm, IMC Companies, Intellectual Property Enforcement Coordinator, Exec- Inc., Memphis, Tennessee, on behalf of the Agri- utive Office of the President. h House of Representatives Con. Res. 21; and H. Res. 148–152, were intro- Chamber Action duced. Pages H2232–34 Public Bills and Resolutions Introduced: 29 pub- Additional Cosponsors: Pages H2235–36 lic bills, H.R. 4, 1356–1383; and 6 resolutions, H.

VerDate Sep 11 2014 06:22 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D26FE9.REC D26FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST February 26, 2019 CONGRESSIONAL RECORD — DAILY DIGEST D185 Reports Filed: There were no reports filed today. a yea-and-nay vote of 228 yeas to 193 nays, Roll Speaker: Read a letter from the Speaker wherein she No. 92. Pages H2128–30 appointed Representative Kelly (IL) to act as Speaker Directing the Secretary of the Senate to make a pro tempore for today. Page H2105 correction in the enrollment of the bill S. 47: Recess: The House recessed at 10:41 a.m. and re- The House agreed to H. Con. Res. 21, directing the Secretary of the Senate to make a correction in the convened at 12 noon. Page H2109 enrollment of the bill S. 47. Page H2219 Bipartisan Background Checks Act of 2019 and Enhanced Background Checks Act of 2019— Congressional-Executive Commission on the Peo- Rule for Consideration: The House agreed to H. ple’s Republic of China—Appointment: The Res. 145, providing for consideration of the bill Chair announced the Speaker’s appointment of the following Member on the part of the House to the (H.R. 8) to require a background check for every Congressional-Executive Commission on the People’s firearm sale, and providing for consideration of the Republic of China: Representative McGovern, Chair. bill (H.R. 1112) to amend chapter 44 of title 18, United States Code, to strengthen the background Pages H2221–22 check procedures to be followed before a Federal fire- Tom Lantos Human Rights Commission—Ap- arms licensee may transfer a firearm to a person who pointment: The Chair announced the Speaker’s ap- is not such a licensee, by a yea-and-nay vote of 227 pointment of the following Member to serve as Co- yeas to 194 nays, Roll No. 91, after the previous Chair of the Tom Lantos Human Rights Commis- question was ordered by a yea-and-nay vote of 229 sion: Representative McGovern. Page H2222 yeas to 191 nays, Roll No. 90. Pages H2119–28 Migratory Bird Conservation Commission—Ap- Committee Resignation: Read a letter from Rep- pointment: The Chair announced the Speaker’s ap- resentative Levin (MI) wherein he resigned from the pointment of the following Member on the part of Committee on Veterans’ Affairs. Page H2130 the House to the Migratory Bird Conservation Com- mission: Representative Thompson (CA). Page H2222 Committee Election: The House agreed to H. Res. 148, electing Members to certain standing commit- Quorum Calls—Votes: Six yea-and-nay votes devel- oped during the proceedings of today and appear on tees of the House of Representatives. Page H2130 pages H2127–28, H2128, H2128–29, H2129–30, Clerk Designation: Read a letter from the Clerk H2217–18, and H2218–19. There were no quorum wherein she designated Ms. Gloria Lett, Deputy calls. Clerk, Mr. Robert Reeves, Deputy Clerk, and Lloyd Horwich, Legal Counsel, to sign any and all papers Adjournment: The House met at 10 a.m. and ad- and do all other acts in case of her temporary ab- journed at 8:38 p.m. sence or disability. Page H2130 Extension of time: Agreed by unanimous consent Committee Meetings that debate under clause 1(c) of rule XV on a mo- PUBLIC WITNESS HEARING tion to suspend the rules relating to S. 47 be ex- Committee on Appropriations: Subcommittee on Inte- tended to 50 minutes. Page H2141 rior, Environment, and Related Agencies held a Suspensions: The House agreed to suspend the rules hearing entitled ‘‘Public Witness Hearing’’. Testi- and pass the following measure: mony was heard from public witnesses. Natural Resources Management Act: S. 47, to OVERSIGHT HEARING: UNDERSTANDING provide for the management of the natural resources THE CHANGING CLIMATE SYSTEM AND of the United States, by a 2⁄3 yea-and-nay vote of THE ROLE OF CLIMATE RESEARCH 363 yeas to 62 nays, Roll No. 95. Pages H2218–19 Committee on Appropriations: Subcommittee on Com- Relating to a national emergency declared by the merce, Justice, Science, and Related Agencies held a President on February 15, 2019: The House hearing entitled ‘‘Oversight Hearing: Understanding passed H.J. Res. 46, relating to a national emer- the Changing Climate System and the Role of Cli- gency declared by the President on February 15, mate Research’’. Testimony was heard from Michael 2019, by a yea-and-nay vote of 245 yeas to 182 H. Freilich, Director, Earth Science Division, Science nays, Roll No. 94. Pages H2130–41, H2217–18 Mission Directorate, National Aeronautics and Space H. Res. 144, the rule providing for consideration Administration; and Neil Jacobs, Assistant Secretary of the joint resolution (H.J. Res. 46) was agreed to of Commerce for Environmental Observation and by a yea-and-nay vote of 229 yeas to 193 nays, Roll Prediction, National Oceanic and Atmospheric Ad- No. 93, after the previous question was ordered by ministration, Department of Commerce.

VerDate Sep 11 2014 06:22 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D26FE9.REC D26FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST D186 CONGRESSIONAL RECORD — DAILY DIGEST February 26, 2019 LEVERAGING PRIVATE CAPITAL FOR INF WITHDRAWAL AND THE FUTURE OF UNDERSERVED COMMUNITIES AND ARMS CONTROL: IMPLICATIONS FOR THE INDIVIDUALS: A LOOK INTO COMMUNITY SECURITY OF THE UNITED STATES AND DEVELOPMENT FINANCIAL INSTITUTIONS ITS ALLIES (CDFIS) Committee on Armed Services: Subcommittee on Stra- Committee on Appropriations: Subcommittee on Finan- tegic Forces held a hearing entitled ‘‘INF With- cial Services and General Government held a hearing drawal and the Future of Arms Control: Implications entitled ‘‘Leveraging Private Capital for Underserved for the Security of the United States and its Allies’’. Communities and Individuals: A look into Commu- Testimony was heard from public witnesses. nity Development Financial Institutions (CDFIs)’’. DEPARTMENT OF DEFENSE INFORMATION Testimony was heard from public witnesses. TECHNOLOGY, CYBERSECURITY, AND INFORMATION ASSURANCE APPROPRIATIONS—ARCHITECT OF THE CAPITOL Committee on Armed Services: Subcommittee on Intel- ligence and Emerging Threats and Capabilities held Committee on Appropriations: Subcommittee on Legisla- a hearing entitled ‘‘Department of Defense Informa- tive Branch held a budget hearing on the Architect tion Technology, Cybersecurity, and Information As- of the Capitol. Testimony was heard from Christine surance’’. Testimony was heard from Dana Deasy, A. Merdon, Acting Architect of the Capitol. Chief Information Officer, Department of Defense; Lisa Hershman, Acting Chief Management Officer, DEPARTMENT OF VETERANS AFFAIRS Department of Defense; and Brigadier General Den- Committee on Appropriations: Subcommittee on Mili- nis Crall, U.S. Marine Corps, Deputy Principal tary Construction, Veterans Affairs, and Related Cyber Advisor, Department of Defense. Agencies held an oversight hearing on Department MISCELLANEOUS MEASURES of Veterans Affairs. Testimony was heard from Rich- ard A. Stone, M.D., Executive in Charge, Veterans Committee on Education and Labor: Full Committee Health Administration, Department of Veterans Af- held a markup on H.R. 865, the ‘‘Rebuild America’s fairs; and Robert Wilkie, Secretary, Department of Schools Act of 2019’’; and H.R. 7, the ‘‘Paycheck Veterans Affairs. Fairness Act’’. H.R. 865 and H.R 7 were ordered re- ported, as amended. APPROPRIATIONS—CONGRESSIONAL PROTECTING CONSUMER PRIVACY IN THE BUDGET OFFICE ERA OF BIG DATA Committee on Appropriations: Subcommittee on Legisla- Committee on Energy and Commerce: Subcommittee on tive Branch held a budget hearing on the Congres- Consumer Protection and Commerce held a hearing sional Budget Office. Testimony was heard from entitled ‘‘Protecting Consumer Privacy in the Era of Keith Hall, Director, Congressional Budget Office. Big Data’’. Testimony was heard from public wit- nesses. PUBLIC WITNESS HEARING EPA’S ENFORCEMENT PROGRAM: TAKING Committee on Appropriations: Subcommittee on Inte- THE ENVIRONMENTAL COP OFF THE BEAT rior, Environment, and Related Agencies held a hearing entitled ‘‘Public Witness Hearing’’. Testi- Committee on Energy and Commerce: Subcommittee on mony was heard from public witnesses. Oversight and Investigations held a hearing entitled ‘‘EPA’s Enforcement Program: Taking the Environ- NAVAL SURFACE FORCES READINESS: ARE mental Cop Off the Beat’’. Testimony was heard NAVY REFORMS ADEQUATE? from Susan Bodine, Assistant Administrator, Office of Enforcement and Compliance Assurance, Environ- Committee on Armed Services: Subcommittee on Readi- mental Protection Agency; and public witnesses. ness; and Subcommittee on Seapower and Projection Forces held a joint hearing entitled ‘‘Naval Surface WHO’S KEEPING SCORE? HOLDING CREDIT Forces Readiness: Are Navy Reforms Adequate?’’. BUREAUS ACCOUNTABLE AND REPAIRING Testimony was heard from Admiral Christopher W. A BROKEN SYSTEM Grady, Commander, U.S. Fleet Forces Command, Committee on Financial Services: Full Committee held and Commander, U.S. Naval Forces Northern Com- a hearing entitled ‘‘Who’s Keeping Score? Holding mand, Department of the Navy; and Admiral John Credit Bureaus Accountable and Repairing a Broken C. Aquilino, Commander, U.S. Pacific Fleet, Depart- System’’. Testimony was heard from public wit- ment of the Navy. nesses.

VerDate Sep 11 2014 06:22 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D26FE9.REC D26FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST February 26, 2019 CONGRESSIONAL RECORD — DAILY DIGEST D187 ON THE EVE OF THE SUMMIT: OPTIONS Advisor, Center for Faith and Opportunity Initia- FOR U.S. DIPLOMACY ON NORTH KOREA tives, Department of Health and Human Services; Committee on Foreign Affairs: Subcommittee on Asia, James McHenry, Director, Executive Office for Im- the Pacific, and Nonproliferation held a hearing enti- migration Review, Department of Justice; Carla Pro- tled ‘‘On the Eve of the Summit: Options for U.S. vost, Chief, U.S. Border Patrol, U.S. Customs and Diplomacy on North Korea’’. Testimony was heard Border Protection, Department of Homeland Secu- from public witnesses. rity; and Commander Jonathan White, U.S. Public Health Service Commissioned Corps, Department of MADE BY MADURO: THE HUMANITARIAN CRISIS IN VENEZUELA AND U.S. POLICY Health and Human Services. RESPONSES THE STATE OF WATER SUPPLY Committee on Foreign Affairs: Subcommittee on the RELIABILITY IN THE 21ST CENTURY Western Hemisphere, Civilian Security, and Trade held a hearing entitled ‘‘Made by Maduro: The Hu- Committee on Natural Resources: Subcommittee on manitarian Crisis in Venezuela and U.S. Policy Re- Water, Oceans, and Wildlife held a hearing entitled sponses’’. Testimony was heard from Representative ‘‘The State of Water Supply Reliability in the 21st Ruiz and public witnesses. Century’’. Testimony was heard from public wit- nesses. A GLOBAL CRISIS: REFUGEES, MIGRANTS AND ASYLUM SEEKER THE DENIAL PLAYBOOK: HOW Committee on Foreign Affairs: Subcommittee on Africa, INDUSTRIES MANIPULATE SCIENCE AND Global Health, Global Human Rights, and Inter- POLICY FROM CLIMATE CHANGE TO national Organizations held a hearing entitled ‘‘A PUBLIC HEALTH Global Crisis: Refugees, Migrants and Asylum Seek- ers’’. Testimony was heard from public witnesses. Committee on Natural Resources: Subcommittee on Oversight and Investigations held a hearing entitled SECURING U.S. SURFACE ‘‘The Denial Playbook: How Industries Manipulate TRANSPORTATION FROM CYBER ATTACKS Science and Policy from Climate Change to Public Committee on Homeland Security: Subcommittee on Health’’. Transportation and Maritime Security; and the Sub- committee on Cybersecurity, Infrastructure Protec- BUSINESS MEETING tion, and Innovation held a joint hearing entitled Committee on Oversight and Reform: Full Committee ‘‘Securing U.S. Surface Transportation from Cyber held a business meeting to consider a Resolution Of- Attacks’’. Testimony was heard from Sonya Proctor, Director for the Surface Division, Office of Security fered by Chairman Elijah E. Cummings Authorizing Policy and Industry Engagement, Transportation Se- Issuance of Subpoenas Related to Child Separation curity Administration, Department of Homeland Se- Policy. The Resolution Offered by Chairman Elijah curity; Bob Kolasky, Director of National Risk Man- E. Cummings Authorizing Issuance of Subpoenas agement Center, Cybersecurity and Infrastructure Se- Related to Child Separation Policy passed, without curity Agency, Department of Homeland Security; amendment. and public witnesses. THE FUTURE OF ARPA-E MISCELLANEOUS MEASURE Committee on Science, Space, and Technology: Sub- Committee on House Administration: Full Committee committee on Energy held a hearing entitled ‘‘The held a markup on H.R. 1, the ‘‘For the People Act Future of ARPA-E’’. Testimony was heard from pub- of 2019’’. H.R. 1 was ordered reported, as amended. lic witnesses. OVERSIGHT OF THE TRUMP ADMINISTRATION’S FAMILY SEPARATION SHUTDOWN LESSONS: SBA CAPITAL POLICY ACCESS PROGRAMS Committee on the Judiciary: Full Committee held a Committee on Small Business: Subcommittee on Inves- hearing entitled ‘‘Oversight of the Trump Adminis- tigations, Oversight, and Regulations held a hearing tration’s Family Separation Policy’’. Testimony was entitled ‘‘Shutdown Lessons: SBA Capital Access heard from Nathalie R. Asher, Acting Executive As- Programs’’. Testimony was heard from William M. sociate Director, Enforcement and Removal Oper- Manger, Associate Administrator, Office of Capital ations, Immigration and Customs Enforcement, De- Access, Small Business Administration. partment of Homeland Security; Scott Lloyd, Senior

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Testimony was ing to examine the 45th anniversary of the Native Amer- heard from public witnesses. ican Programs Act and the establishment of the Adminis- NATIONAL SECURITY IMPLICATIONS OF tration for Native Americans, 2:30 p.m., SD–628. THE RISE OF AUTHORITARIANISM Committee on Small Business and Entrepreneurship: to hold hearings to examine the future of American industry, AROUND THE WORLD 2:30 p.m., SR–428A. Permanent Select Committee on Intelligence: Full Com- Committee on Veterans’ Affairs: to hold a joint hearing mittee held a hearing entitled ‘‘National Security with the House Committee on Veterans’ Affairs to exam- Implications of the Rise of Authoritarianism Around ine the legislative presentation of The American Legion, the World’’. Testimony was heard from public wit- 10 a.m., SD–G50. nesses. House Joint Meetings Committee on Agriculture, Full Committee, business meeting to consider the Budget Views and Estimates Let- LEGISLATIVE PRESENTATION OF THE ter of the Committee on Agriculture for the Agencies and DISABLED AMERICAN VETERANS Programs under the Jurisdiction of the Committee for Committee on Veterans’ Affairs: Committee concluded a Fiscal Year 2020, 9:30 a.m., 1300 Longworth. joint hearing with the House Committee on Vet- Full Committee, hearing entitled ‘‘The State of the erans’ Affairs to examine the legislative presentation Rural Economy’’, 10 a.m., 1300 Longworth. of the Disabled American Veterans, after receiving Committee on Appropriations, Subcommittee on Financial testimony from Dennis R. Nixon, Jim Marszalek, Services and General Government, hearing entitled ‘‘Elec- tion Security: Ensuring the Integrity of U.S. Election Sys- Joy J. Ilem, Randy Reese, J. Marc Burgess, Barry A. tems’’, 10 a.m., 2362–A Rayburn. Jesinoski, John Kleindienst, Jeffrey C. Hall, and Subcommittee on the Departments of Labor, Health Ellen Timmerman, all of Disabled American Vet- and Human Services, Education, and Related Agencies, erans, Washington, D.C. hearing entitled ‘‘Reviewing the Administration’s Unac- f companied Children Program: State-Sanctioned Child Abuse’’, 10 a.m., 2358–C Rayburn. COMMITTEE MEETINGS FOR WEDNESDAY, Subcommittee on Legislative Branch, budget hearing FEBRUARY 27, 2019 on the Government Accountability Office, 10 a.m., HT–2 (Committee meetings are open unless otherwise indicated) Capitol. Subcommittee on Military Construction, Veterans Af- Senate fairs, and Related Agencies, hearing entitled ‘‘The Presi- Committee on Armed Services: Subcommittee on Cyberse- dent’s 2019 National Emergency Declaration Circum- curity, to receive a closed briefing on Department of De- venting Congress to Build a Border Wall and Its Effect fense cyber operations, 2:30 p.m., SVC–217. on Military Construction and Readiness’’, 2 p.m., 2359 Subcommittee on Personnel, to hold an oversight hear- Rayburn. ing to examine military personnel policies and military Subcommittee on State, Foreign Operations, and Re- family readiness, 2:30 p.m., SR–222. lated Programs, hearing entitled ‘‘Oversight of U.S. Committee on the Budget: to hold hearings to examine the Agency for International Development (USAID), Pro- Budget Control Act, focusing on a review of cap-adjusted grams and Policies’’, 10 a.m., 2359 Rayburn. spending, 2:30 p.m., SD–608. Subcommittee on the Departments of Transportation, Committee on Commerce, Science, and Transportation: to and Housing and Urban Development, and Related hold hearings to examine policy principles for a Federal Agencies, hearing entitled ‘‘Stakeholder Perspectives: Fair data privacy framework in the United States, 10 a.m., Housing’’, 10 a.m., 2358–A Rayburn. SH–216. Subcommittee on Legislative Branch, budget hearing Committee on Environment and Public Works: to hold hear- on the Government Publishing Office, 11 a.m., HT–2 ings to examine S. 383, to support carbon dioxide utiliza- Capitol. tion and direct air capture research, to facilitate the per- Subcommittee on Agriculture, Rural Development, mitting and development of carbon capture, utilization, Food and Drug Administration, and Related Agencies, and sequestration projects and carbon dioxide pipelines, oversight hearing on the Food and Drug Administration, 10 a.m., SD–406. 3 p.m., 2362–A Rayburn.

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Committee on Armed Services, Subcommittee on Military Committee on Oversight and Reform, Full Committee, Personnel, hearing entitled ‘‘Transgender Service Policy’’, hearing entitled ‘‘Hearing with Michael Cohen, Former 3 p.m., 2118 Rayburn. Attorney to President Donald Trump’’, 10 a.m., 2154 Committee on the Budget, Full Committee, hearing enti- Rayburn. tled ‘‘2017 Tax Law: Impact on the Budget and Amer- Committee on Science, Space, and Technology, Subcommittee ican Families’’, 10 a.m., 210 Cannon. on Environment, hearing entitled ‘‘Sea Change: Impacts Committee on Education and Labor, Subcommittee on of Climate Change on Our Oceans and Coasts’’, 10 a.m., Early Childhood, Elementary, and Secondary Education, 2318 Rayburn. hearing entitled ‘‘Classrooms in Crisis: Examining the In- Committee on Small Business, Full Committee, hearing appropriate Use of Seclusion and Restraint Practices’’, entitled ‘‘Supporting America’s Startups: Review of SBA 10:15 a.m., 2175 Rayburn. Entrepreneurial Development Programs’’, 11 a.m., 2360 Subcommittee on Workforce Protections, hearing enti- Rayburn. tled ‘‘Caring for Our Caregivers: Protecting Health Care Committee on Transportation and Infrastructure, Full Com- and Social Service Workers from Workplace Violence’’, 2 mittee, business meeting on Fiscal Year 2020 Budget p.m., 2175 Rayburn. Views and Estimates of the Committee on Transportation Committee on Energy and Commerce, Subcommittee on and Infrastructure; and markup on H. Con. Res. 16, au- Oversight and Investigations, hearing entitled ‘‘Con- thorizing the use of the Capitol Grounds for the National fronting a Growing Public Health Threat: Measles Out- Peace Officers Memorial Service and the National Honor breaks in the U.S.’’, 10 a.m., 2123 Rayburn. Guard and Pipe Band Exhibition; H. Con. Res. 19, au- Subcommittee on Energy, hearing entitled ‘‘Clean En- thorizing the use of the Capitol Grounds for the Greater ergy Infrastructure and the Workforce to Build It’’, 10:30 Washington Soap Box Derby; H.R. 1318, to direct the a.m., 2322 Rayburn. Library of Congress to obtain a stain glassed panel depict- Committee on Ethics, Full Committee, organizational ing the seal of the District of Columbia and install the meeting, 3:15 p.m., 1015 Longworth. panel among the stained glass panels depicting the seals Committee on Financial Services, Full Committee, hearing of States which overlook the Main Reading Room of the entitled ‘‘Monetary Policy and the State of the Economy’’, Library of Congress Thomas Jefferson Building; and H.R. 10 a.m., 2128 Rayburn. 639, to amend section 327 of the Robert T. Stafford Dis- Subcommittee on Diversity and Inclusion will hold a hearing entitled ‘‘An Overview of Diversity Trends in the aster Relief and Emergency Assistance Act to clarify that Financial Services Industry’’, 2 p.m., 2128 Rayburn. National Urban Search and Rescue Response System task Committee on Foreign Affairs, Full Committee, hearing forces may include Federal employees, 10 a.m., entitled ‘‘The Trump Administration’s Foreign Policy: A HVC–210. Mid-Term Assessment’’, 10 a.m., 2172 Rayburn. Committee on Veterans’ Affairs, Full Committee, hearing Subcommittee on Oversight and Investigations, hearing entitled ‘‘VA 2030: A Vision for the Future of VA’’, 2 entitled ‘‘America’s Global Leadership: Why Diplomacy p.m., 1334 Longworth. and Development Matter’’, 2 p.m., 2172 Rayburn. Committee on Ways and Means, Full Committee, hearing Committee on Homeland Security, Full Committee, hearing entitled ‘‘U.S.-China Trade’’, 10 a.m., 1100 Longworth. on ‘‘Securing out Nation’s Chemical Facilities: Building on the Progress of the CFATS Program’’, 10 a.m., 310 Joint Meetings Cannon. Joint Hearing: Senate Committee on Veterans’ Affairs, Committee on Natural Resources, Full Committee, hearing to hold a joint hearing with the House Committee on on H.R. 560, the ‘‘Northern Mariana Islands Residents Veterans’ Affairs to examine the legislative presentation of Relief Act’’, 10:30 a.m., 1324 Longworth. The American Legion, 10 a.m., SD–G50.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, February 27 10 a.m., Wednesday, February 27

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. 8—Bi- ation of the nomination of Michael J. Desmond, of Cali- partisan Background Checks Act of 2019. Consideration fornia, to be Chief Counsel for the Internal Revenue Serv- of H.R. 1112—Enhanced Background Checks Act of ice and an Assistant General Counsel in the Department 2019. of the Treasury, post-cloture, and vote on confirmation of the nomination at 12:15 p.m. Following disposition of the nomination of Michael J. Desmond, Senate will vote on the motion to invoke clo- ture on the nomination of Andrew Wheeler, of Virginia, to be Administrator of the Environmental Protection Agency.

Extensions of Remarks, as inserted in this issue

HOUSE Collins, Doug, Ga., E211 Matsui, Doris O., Calif., E211 Davis, Danny K., Ill., E212 Norcross, Donald, N.J., E210 Balderson, Troy, Ohio, E212 DeFazio, Peter A., Ore., E210 Norton, Eleanor Holmes, The District of Columbia, Bilirakis, Gus M., Fla., E212 Frankel, Lois, Fla., E210 E210 Blunt Rochester, Lisa, Del., E212 Garamendi, John, Calif., E209 Perry, Scott, Pa., E209 Brindisi, Anthony, N.Y., E209 Hastings, Alcee L., Fla., E209 Simpson, Michael K., Idaho, E209 Calvert, Ken, Calif., E211 Jackson Lee, Sheila, Tex., E210 Cohen, Steve, Tenn., E212, E212 Long, Billy, Mo., E211 Vela, Filemon, Tex., E211

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