E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, SECOND SESSION

Vol. 160 WASHINGTON, WEDNESDAY, FEBRUARY 5, 2014 No. 22 Senate The Senate was not in session today. Its next meeting will be held on Thursday, February 6, 2014, at 9:30 a.m. House of Representatives WEDNESDAY, FEBRUARY 5, 2014

The House met at 10 a.m. and was conference report, something the Imagine what happens to a child who called to order by the Speaker pro tem- House did almost 2 weeks ago. I want goes to school hungry. It is harder for pore (Mr. RIBBLE). to thank my House and Senate col- that child to pay attention in class, f leagues who stood firm and voted leading to difficulty learning and also against the conference report because leading to challenges in terms of their DESIGNATION OF SPEAKER PRO of the egregious cuts to SNAP, for- development, mentally and physically. TEMPORE merly known as food stamps. I am es- Kids who go without food are literally The SPEAKER pro tempore laid be- pecially proud and thankful that none at a disadvantage to those who are eat- fore the House the following commu- of my Massachusetts colleagues voted ing healthy meals. They are starting nication from the Speaker: for the bill. Unfortunately, I think from a much worse position, and it is WASHINGTON, DC, many of those who voted for this bill because America decides not to help. February 5, 2014. will ultimately come to regret their That is changing. Participation in I hereby appoint the Honorable REID J. vote. the school lunch program is strong, RIBBLE to act as Speaker pro tempore on this Now that the fight over SNAP fund- and the good news is that participation day. ing and the farm bill is over, it is time in the school breakfast program is ris- JOHN A. BOEHNER, to look forward and once again refocus ing. Speaker of the House of Representatives. on how we can end hunger now. Despite I want to highlight a recent report f the attacks on the poor that come from from the Food Research and Action Center, or FRAC, as they are com- MORNING-HOUR DEBATE the Republican leadership in this Con- gress, there are good things that are monly known. FRAC reports that The SPEAKER pro tempore. Pursu- happening among the antihunger com- 311,000 more kids received school ant to the order of the House of Janu- munity, and there are opportunities breakfast than the previous year. ary 7, 2014, the Chair will now recog- out there that we can take advantage We all know how important break- nize Members from lists submitted by of as we work to end hunger now. fast is. Our parents all told us to eat a the majority and minority leaders for Every day, millions of hungry kids healthy breakfast so we can learn and morning-hour debate. are able to eat a nutritious meal be- grow. I tell my kids the same thing The Chair will alternate recognition cause of the school lunch program. In every day, even though they don’t al- between the parties, with each party fact, 29 million children in more than ways pay attention. The school break- limited to 1 hour and each Member 98,000 schools and residential child care fast program is a critical part of ensur- other than the majority and minority institutions participate in the school ing that kids from poor families are leaders and the minority whip limited lunch program on a typical day. Nearly able to start the day off right; that to 5 minutes, but in no event shall de- 20 million kids receive their lunch at they don’t start the school day off hun- bate continue beyond 11:50 a.m. either a reduced price or free. gry, so they can learn properly and f The school lunch program is a life- they can develop. line for these kids who come from poor Unlike the school lunch program, END HUNGER NOW families. It is not their fault that their where the meal is served during the The SPEAKER pro tempore. The parents don’t earn enough for them to school day when kids are already in Chair recognizes the gentleman from put food on the table. For most of school, many of these school breakfast Massachusetts (Mr. MCGOVERN) for 5 these kids, this is the only nutritious programs take place before school minutes. meal, and in some cases, the only meal starts. Because of that starting time, Mr. MCGOVERN. Mr. Speaker, yes- they will eat on a weekday. That is millions of kids don’t participate in terday the Senate passed the farm bill why this program is so important. the school breakfast program. That is

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 Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.000 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1596 CONGRESSIONAL RECORD — HOUSE February 5, 2014 why this report from FRAC is so en- that. Eighty years ago, the differences Mr. GUTIE´ RREZ. Mr. Speaker, there couraging. Schools are starting to offer between rural and urban America were is no area of foreign policy that pro- breakfast free of charge to all children, even more stark. That is why today it duces greater concern amongst Amer- not just kids who qualify based on in- is my privilege to rise as we celebrate ican citizens than the prospect of a nu- come. Schools are moving breakfast the 80th anniversary of the Tennessee clear-armed Iran. Whether Democrat, out of the cafeteria and into the class- Valley Authority. In the 1930s, rural Independent, or Republican, there is re- room after school starts, something America did not have many of the markable unity across the ideological that is known as Breakfast After the basic things of life like electricity, spectrum that we must do everything Bell. running water, and a lot of the things in our power to prevent that outcome. I am pleased that a new Federal pro- that we consider frills today, like We have heard the steady drumbeat gram called Community Eligibility, a radio, music, and news. over the years that Iran is moving clos- program in seven States that allows As a result, many Americans, par- er and closer to achieving nuclear ca- high-poverty schools to provide free ticularly younger generations of Amer- pability. We have seen the regime en- breakfast and lunch to all students icans, were migrating from the small gage in dangerous provocations and without the need for an application, is towns and the farms across rural offer support to Hezbollah and other increasing daily breakfast participa- America and moving to the larger cit- militant groups that have threatened tion. FRAC found that daily breakfast ies. Seeing this shift, a couple of vi- the stability of the region and caused participation rose by 5 percent in these sionary members of the Congress, in- significant concerns for our allies and seven States compared to 21⁄2 percent in cluding my predecessor, Mississippi friends. nonparticipating States. Representative John Rankin, and Sen- The Obama administration worked We can do better, but this is encour- ator George Norris from Nebraska, with our international partners to im- aging. Kids who eat healthy, nutritious made it their mission to bring elec- pose crippling sanctions on Iran. Those meals do better in school and have tricity to rural America. sanctions covered Iran’s banking, en- fewer problems as they grow up. School On May 18, 1933, the Tennessee Valley ergy, shipping, shipbuilding, insurance, meals are a critical part of ensuring Authority was created by this Congress and broadcasting sectors, and even gold that kids eat properly. School break- in an effort to improve the living con- and precious metals. fasts are a big part of the equation. ditions and the economic conditions for Now, after decades of tension be- FRAC found that if all States increased seven southern States, including Mis- tween the United States and Iran and participation so they reached 70 poor sissippi. In 1934, President Roosevelt the escalating international pressure of kids with breakfast for every 100 that came to Tupelo, Mississippi, and lit- sanctions and isolation, we have seen ate lunch, 3.8 million children would erally flipped the switch to turn on the positive steps in relatively quick suc- have been added to the breakfast pro- lights. Shortly after that, north Mis- cession. After the election of Iranian gram, and States would have received sissippi became one of the Nation’s ear- President Hassan Rouhani in 2013, I more than $964 million in added Fed- liest regions to begin to adopt rural joined over 130 of my colleagues calling electrification. eral nutrition funding in 2012 and 2013. on President Obama to ‘‘utilize all dip- Over the past 80 years, the Tennessee We should be proud of the work that lomatic tools to reinvigorate ongoing Valley Authority has been committed USDA and States and localities are nuclear talks,’’ including the potential not only to providing reliable, cleaner, doing to increase breakfast participa- that ‘‘bilateral and multilateral sanc- and low-cost energy, but also com- tion. As we move towards a reauthor- tions be calibrated in a way that they mitted to the economic well-being of ization of the Child Nutrition Act, we induce significant and verifiable con- our region across the Tennessee Valley. must remember these important pro- They have worked with local power cessions.’’ Those diplomatic overtures, coupled grams and build on them. We must do companies, directly served customers with the debilitating sanctions on everything we can to end hunger now, and regional, State, and community Iran’s energy and banking sectors, and improving on the school breakfast development organizations. TVA works yielded the historic phone call between program is just one way to do it. to create economic development oppor- All of us, Mr. Speaker, both Demo- tunities around our region, collabo- President Obama and President crats and Republicans, need to step it ratively focusing on attracting and re- Rouhani, the first direct contact be- up in our battle to end hunger. We taining jobs, capital investment, and tween leaders of our two nations in 34 should all be ashamed that so many in helping our communities prepare for years, and, ultimately, the signing of our country, including millions of our growth. the Joint Plan of Action representing children, go hungry. Sadly, Mr. Speak- I was once told by my friend and real progress towards a nuclear agree- er, many of the actions that have been former TVA Chairman Glenn ment. taken by this Congress have made hun- McCollough that the mission of TVA There remain ample reasons to ques- ger worse in this country. We are the could be summed up in three phrases: tion the prospects of a long-term agree- richest country in the history of the keep the lights glowing; the economy ment with Iran. We have heard the world. Surely we can do better. Surely going; and the river flowing. Well, for President 1 week ago in this very room we can end hunger now. 80 years, TVA has done just that. With speak of the challenges for negotiators, f current leadership like Richard cautioning ‘‘they may not succeed. We Howorth from Oxford, who is currently are clear-eyed about Iran’s support for EIGHTIETH ANNIVERSARY OF THE terrorist organizations like Hezbollah, TENNESSEE VALLEY AUTHORITY on the TVA board of directors, TVA is helping our region achieve success. which threaten our allies, and the mis- The SPEAKER pro tempore. The The electricity provided by TVA has trust between our nations cannot be Chair recognizes the gentleman from helped attract opportunity and success simply wished away.’’ Tennessee (Mr. NUNNELEE) for 5 min- for thousands of people in Mississippi Now, Members of Congress in both utes. and throughout the valley, allowing Chambers are discussing legislation for Mr. NUNNELEE. Mr. Speaker, them to show the world that we are a new and expanded sanctions. Our con- Tupelo, Mississippi, the town of my friendly, reliable and competitive stituents, deeply concerned with the birth and my hometown, is known for a workforce. Middle East and strongly in favor of lot of things: the birthplace of Elvis So on this day of commemoration, I peace, are asking us what we think, Presley; we are the headquarters of the say happy 80th anniversary, TVA, and how we would vote, and what we should Natchez Trace Parkway. One of the my wish for you is a prosperous and do as a Congress and as a nation. things we are also very proud of is we successful future. I have had the honor of serving on are the very first TVA city. f the House Permanent Select Com- Many people around America think mittee on Intelligence and as a Mem- of the difference between rural Amer- IRAN SANCTIONS ber have regular access to the classi- ica and city as the difference between The SPEAKER pro tempore. The fied assessments of the professionals in whether you have a shopping mall, a Chair recognizes the gentleman from our intelligence community, who pro- lot of nice restaurants, things like Illinois (Mr. GUTIE´ RREZ) for 5 minutes. vide a much fuller and clearer picture

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.002 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1597 of the situation in Iran. I cannot tell CBO, issued a report stating the Af- deter the 9/11 attackers, and cannot you what the information is here or fordable Care Act, otherwise known as help us in our major strategic chal- anywhere else because it is appro- ObamaCare, will slow economic growth lenges today. They have never been priately classified, but based on the over the next decade substantially used in battle since World War II, but classified briefings I have received on more than previously predicted. Ac- they have almost been used by mis- the situation in Iran and the Joint cording to yesterday’s report, the Af- calculation and mistake. Plan of Action, I am very reluctant to fordable Care Act could lead to 2 mil- In Eric Schlosser’s recent book called support any additional sanctions at lion fewer workers in the workforce be- ‘‘Command and Control,’’ there are ter- this time. tween now and 2017, which is nearly rifying examples of what were termed Mr. Speaker, given the importance of three times as high as CBO’s earlier ‘‘broken arrows,’’ nuclear mishaps. this issue to all Members and the predictions. What is even worse, this A nuclear bomb was accidentally re- stakes involved in preventing a nu- number is supposed to rise in later leased over South Carolina, landing in clear-armed Iran, I think many of my years to the equivalent of 2.5 million Walter Greg’s backyard, leaving a 75- colleagues would be in a much better jobs by 2024. foot wide, 30-foot crater, leveling his position to evaluate the options before According to The Hill newspaper: home. Luckily, it failed to trigger the us if they also had access to the very The agency, CBO, also said employer pen- nuclear explosion. classified briefing from which I regu- alties in the law would decrease wages, and In North Carolina, a B–52 fell into a larly benefit. That is why I wrote a let- part-year workers would be slower to return tailspin carrying two hydrogen bombs, to the workforce because they would seek to ter to the Speaker of the House, JOHN retain ObamaCare insurance subsidies. each 250 times more powerful than Hir- oshima. BOEHNER, and Democratic Leader We cannot afford more blows to jobs. NANCY PELOSI last week asking them There were numerous instances when We cannot afford more blows to the our bomber fleet, which used to be on to convene a classified briefing for American workforce. We cannot afford the runway idling, on alert 24/7, was Members of the House of Representa- more blows to our economy. We as pol- prone to catching on fire while packed tives. icymakers should be focused on break- with nuclear bombs. All of us could have had access to ing down barriers to employment in A few years ago, there was a B–52 classified materials or request a brief- order to increase wages. ing if we wanted one on a case-by-case Mr. Speaker, the administration bet- which flew across the country unknow- basis, but the point is that we are fac- ter get better at explaining this law to ingly carrying six nuclear-armed air- ing a crossroads as a nation, and we are the American people or start working launched missiles. facing a crossroads as a Congress, and with this body to repeal and fix it. The By no stretch of the imagination, do I want us to be as informed as possible. American people deserve better. The we need these 450 intercontinental bal- I understand the mistrust between American people deserve jobs. listic missiles on alert, plus nuclear the United States and Iran, and the de- armed bombers, all on top of our nu- f sire of some in this body to seek addi- clear submarine-based missiles? We tional sanctions, even as we are imple- NUCLEAR WEAPONS PROGRAM don’t need a fraction of this weaponry. menting the terms of the 6-month SCANDAL At most, we need perhaps one scaled- agreement. The SPEAKER pro tempore. The down system. There is nobody left to deter. We are competing in Russia in b 1015 Chair recognizes the gentleman from Oregon (Mr. BLUMENAUER) for 5 min- the Winter Olympics right now. We need clear-eyed, apolitical, in- utes. A small portion of one of these deliv- formed decisionmaking so we can make Mr. BLUMENAUER. Mr. Speaker, be- ery systems is all the nuclear deter- the best possible choices on behalf of fore turning to the subject at hand, I rence we could ever possibly need. The our constituents and the Nation. really hope that people look at the larger and more complex the infra- I believe my colleagues would find CBO report that was referenced by my structure is not just more expensive, great value in the classified briefing good friend from Pennsylvania, and but more prone to mistake. and come away with greater confidence you will find that the 2 million people We are talking about upwards of $700 in the work of the administration and who would no longer be working, are billion over the next 10 years in oper- our international partners. not going to increase unemployment. ations, modernization, new systems, I have been convinced that now is not The unemployment rate will be lower. new nuclear submarines. It is out- the time to consider additional sanc- There are people who are trapped in rageous. It is dangerous. Let me put tions, but I want my colleagues to the workforce now because they can’t that in context. $750 billion is more make up their own minds and to do so afford health care. The Affordable Care than the Federal Government will with as much information as possible, Act will actually enable some people to spend on education in its entirety in so I renew my request for classified retire who want to retire or stop work- the next 5 years. briefings as soon as they can be ar- ing a second job. Read the report and It is time for Congress and the Amer- ranged. find out that this is actually a very ican people to put an end to this. I have every confidence that if talks positive signal. f falter or we have evidence that Iran is But, Mr. Speaker, I am here today to not abiding by the terms of the Joint reference something else that was in STOP OUTSOURCING AMERICAN Plan of Action, the Congress will not the newspapers. The papers are filled JOBS hesitate to take appropriate actions, with scandal about the nuclear weap- The SPEAKER pro tempore. The including imposing new sanctions on ons program. The real scandal is not Chair recognizes the gentlewoman from Iran. But with Iran at the negotiating the cheating or drug use by people with Ohio (Ms. KAPTUR) for 5 minutes. table, taking steps to halt enrichment their finger on the nuclear button. The Ms. KAPTUR. Mr. Speaker, I rise and submit to enhanced inspections scandal is that these people are there today in opposition to the further out- and monitoring, it is worth giving di- on the job at all, with these nuclear sourcing of American jobs through plomacy the chance to succeed. weapons; jobs and nuclear weapons more unfair trade agreements. The f that should no longer exist. Obama administration is currently Don’t get me wrong. The alleged drug working on the next executive branch AFFORDABLE CARE ACT WILL use by the people who stand watch job-killing so-called ‘‘free trade’’ agree- SLOW ECONOMIC GROWTH daily with a finger on the nuclear trig- ment. They are calling it the Trans-Pa- The SPEAKER pro tempore. The ger, or that were cheating on their pro- cific Partnership, or TPP. Chair recognizes the gentleman from ficiency exams, is outrageous, but it is The contents of this agreement have Pennsylvania (Mr. THOMPSON) for 5 scandalous that we are frozen in time been kept secret from the American minutes. linked to a nuclear Cold War past and people and Members of Congress and, Mr. THOMPSON of Pennsylvania. committed to wildly wasteful spending. as well, the general public wherever Mr. Speaker, yesterday the non- These are weapons that have never they might live. The administration is partisan Congressional Budget Office, been used in 69 years, that did not using the same old failed trade model

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.003 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1598 CONGRESSIONAL RECORD — HOUSE February 5, 2014 called ‘‘fast track’’ to negotiate this, 2000, we had a $24 billion deficit with Almighty God, You equipped the which means whatever they negotiate, Mexico. By 2012, that had gone up three Founders with great resilience as they we don’t get to see, and then they bring times more to $61 billion in the red—in sought Your wisdom in establishing it up here under a fast track procedure. the red—our jobs going there, their ex- our Nation. With that same power that That process ties our hands. They bring ports coming here, not the reverse. inspired our patriots, bless these Mem- it up in one lump-sum vote, with no That’s 244,000 more lost jobs. The num- bers of Congress today. Lift them up, O amendments allowed. And they usually bers don’t lie. God. do it in a lame-duck session of Con- In Korea, we had a discussion with When they feel discouraged, when gress after election and just try to ram some of the President’s advisers. They negative thoughts seem to dominate, it through, usually very late in the said, well, you know, that was supposed when the winds are against them, evening, often in the early morning to be the new trade model, the Korean strengthen their minds and spirits with hours. trade deal that this President proposed an inner faith that only You can pro- Since fast track was first used, the was going to change everything. Well, vide. United States has accumulated red guess what? We are in the red with As we are now united in prayer, unite ink—trade deficits, more imports com- Korea, too. In 2000, we already had a $12 their efforts. Help them leave bitter- ing in here than exports going out—for billion trade deficit. Yes, more red ink. ness by the wayside. May their deci- nearly three decades. We have accumu- After the new Korean free trade deal, sions consider the hopeful faces of par- lated over $9 trillion in trade deficits. in 2012, it has nearly doubled. It is $16.6 ents, children, elderly, soldiers, vet- If you want to know why we have a billion. And in 2013, just through No- erans; that each person in every dis- budget deficit, it is because we have a vember, it is nearly $20 billion. That is trict will be blessed by the strong lead- trade deficit. We have outsourced too a doubling of the trade deficit with ership of this Congress. many jobs to low-wage havens. Go out Korea and 80,000 more lost U.S. jobs. As many voices compete for their at- and try to buy anything made in Amer- So if this fast track free trade is such tention, create a sanctuary for them to ica; right? The American people know a great trade model, how is it working pause, reflect, and hear Your voice. this inherently. More than 7 million for the American people? It isn’t. None Equip them with a courage that con- good-paying American manufacturing of these trade deals are working. It stantly reminds them that ‘‘with God, jobs have been lost since fast track was might be working for certain all things are possible.’’ Amen. first passed. transnational corporations who can Every poll of U.S. opinion tells this pay their investors more because of the f Congress: What do the American people profits they are making off of cheap THE JOURNAL care about? Jobs and the economy. labor in low wage haven and the lack of The SPEAKER. The Chair has exam- Jobs and the economy. They care about environmental regulations in these ined the Journal of the last day’s pro- economic recovery. So why is this ad- other countries, but it is not working ceedings and announces to the House ministration using the same old model for the benefit of the American econ- his approval thereof. that goes back to 1975? Now they are omy, the American people. It is time to Pursuant to clause 1, rule I, the Jour- looking at the Pacific, the Pacific re- change the trade model. nal stands approved. gion, as if we haven’t had relations Let me just put two other numbers Mr. WILSON of South Carolina. Mr. with some of those countries before. on the record here. We have over 1.5 Speaker, pursuant to clause 1, rule I, I But every other agreement has re- million Americans over 45 years of age demand a vote on agreeing to the sulted in red ink. The American people who still are unemployed. These are Speaker’s approval of the Journal. want job creation, not job outsourcing. people who have worked their whole The SPEAKER. The question is on Actually, if this President were to re- lives. We can’t even get them unem- the Speaker’s approval of the Journal. furbish this failed trade model and ployment benefits and their jobs have The question was taken; and the really fix it, it would be the first time been shipped out someplace else. Speaker announced that the ayes ap- in modern history that our trade policy Mr. Speaker, later in the week I will peared to have it. would yield job creation in this coun- talk about the cost of environment Mr. WILSON of South Carolina. Mr. try, net job creation in this country degradation in this country because of Speaker, I object to the vote on the and real income growth for the Amer- imports that are not properly regu- ground that a quorum is not present ican people. lated by the Department of Agriculture and make the point of order that a Now, let’s look at a couple dimen- coming over our border and doing harm quorum is not present. sions of this. from coast to coast. It’s long, long over The SPEAKER. Pursuant to clause 8, The trade deficit in 2012, the last due for a new trade model that benefits rule XX, further proceedings on this year for which we have confirmed num- our nation and creates jobs here at question will be postponed. bers, was half a trillion dollars, $534 home. The point of no quorum is considered billion. That alone resulted in over 2 f withdrawn. million lost jobs in this country. That f RECESS number has just been getting worse PLEDGE OF ALLEGIANCE with each passing decade, more and The SPEAKER pro tempore. Pursu- more jobs lost. ant to clause 12(a) of rule I, the Chair The SPEAKER. Will the gentle- Let’s look at some of the countries. declares the House in recess until noon woman from Florida (Ms. ROS- Let’s take China. The trade deficit in today. LEHTINEN) come forward and lead the 2000 with China was about $83 billion. It Accordingly (at 10 o’clock and 27 House in the Pledge of Allegiance. has increased four fold. It has quad- minutes a.m.), the House stood in re- Ms. ROS-LEHTINEN led the Pledge rupled. In 2012, for which we have con- cess. of Allegiance as follows: I pledge allegiance to the Flag of the firmed numbers, we had over $315 bil- f United States of America, and to the Repub- lion in trade deficit with China. Every b 1200 lic for which it stands, one nation under God, billion equals 4,000 lost jobs in this indivisible, with liberty and justice for all. country. So we are net negative with AFTER RECESS f China—a job loss of over 1,200,000 more The recess having expired, the House U.S. jobs. was called to order by the Speaker at WELCOMING REVEREND DR. With Japan, we have been solidly noon. ANDREW CHANEY negative for decades. In 2012, our trade f The SPEAKER. Without objection, deficit with Japan was $76 billion. the gentleman from Missouri (Mr. PRAYER With Mexico, they said after NAFTA, LONG) is recognized for 1 minute. oh, it is going to be great for America; Reverend Dr. Andrew Chaney, First There was no objection. there are going to be millions of jobs in and Calvary Presbyterian Church, Mr. LONG. Mr. Speaker, today I have the United States. Wrong. Our jobs Springfield, Missouri, offered the fol- the honor of introducing my friend, were outsourced. In fact, in the year lowing prayer: Reverend Dr. Andrew Chaney.

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.010 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1599 Reverend Chaney is a third-genera- working people. Over 850,000 U.S. jobs Institution found that every $1 in- tion minister. He serves as the senior left for Mexico, and our trade deficit vested in restoration generates $2 in minister at the historic First and Cal- skyrocketed from $100 billion to $700 economic benefit and up to $4 in eco- vary Presbyterian Church in Spring- billion. Before fast track authority, the nomic activity through jobs, develop- field, Missouri, a church that is a spe- U.S. had a trade surplus. ment, and increased property values. cial place to me and my family. Rev- Fast track and the Trans-Pacific But in order to realize these benefits, erend Chaney serves as an important Partnership are not right for the Amer- we must protect from outside threats, spiritual voice for me and the Spring- ican people. We must have more trans- like nutrient runoff, invasive species, field community. parency. We must have more disclo- and harmful algae blooms. Congress has a longstanding tradi- sure. We must have good trade deals I commend the work of advocates tion of beginning each session day with that reflect the fact that the United like the Great Lakes Restoration Ini- a prayer. I am privileged and honored States workers produce great services tiative, the Environmental Protection to have the opportunity today to wel- and products. Agency, Buffalo Niagara Riverkeepers, come Reverend Dr. Andrew Chaney to The trade deals need to reflect that, Citizens Campaign for the Environ- the people’s House as he opened today’s not have a race to the bottom for ment, and my colleagues on the Con- session with a prayer. which we go to the cheapest markets gressional Great Lakes Task Force for f around the world to compete with good taking action on protecting and pre- American workers who make fair pay. serving this vital natural resource. ANNOUNCEMENT BY THE SPEAKER It is not the right thing. I am for trade, f PRO TEMPORE but not bad trade agreements that are PRESIDENT’S BROKEN PROMISE The SPEAKER pro tempore (Mr. conducted in secret. (Mr. BOEHNER asked and was given MESSER). The Chair will entertain up f permission to address the House for 1 to 15 further requests for 1-minute PRESIDENT OBAMA’S AMERICA speeches on each side of the aisle. minute.) (Mr. JOHNSON of Ohio asked and Mr. BOEHNER. Madam Speaker and f was given permission to address the my colleagues, too many middle class FAIR AND REASONABLE FLOOD House for 1 minute and to revise and Americans are out of work or worried INSURANCE RATES extend his remarks.) about losing their job, and the House Mr. JOHNSON of Ohio. Madam has passed dozens of bills to help them. (Ms. ROS-LEHTINEN asked and was Speaker, welcome to President More are in the works as we speak, in- given permission to address the House Obama’s America: where labor force cluding important legislation that fos- for 1 minute and to revise and extend participation rates are the lowest since ters more trade and opportunities for her remarks.) 1978; where good-paying jobs are scarce; growth. In Washington, it is often re- Ms. ROS-LEHTINEN. Mr. Speaker, where many health insurance pre- ferred to as TPA, trade promotion au- my home State of Florida has been an miums are skyrocketing or being can- thority. overly responsible—and even gen- celed; where jobs bills sent to the Sen- But around the country from our erous—partner in the National Flood ate collect dust on HARRY REID’s desk; farms to our factories, this means jobs. Insurance Program. where the State Department concluded It means making it easier for our In the last 20 years, Floridians have that the job-creating Keystone XL workers—including the 1.4 million in paid four times in premiums than we pipeline poses little environmental Ohio whose jobs depend on trade—to be have seen returned in claims. Yet risk, yet the President has not ap- able to compete with China and the FEMA is raising thousands upon thou- proved it; where yesterday the non- world’s growing economies. sands of policy premiums to absurd lev- partisan Congressional Budget Office This initiative has support from els, easily doubling, tripling, or quad- released a report stating that Members of both parties, including rupling them, and in some cases far ObamaCare will have substantially President Obama himself. Unfortu- higher. larger negative effects on the economy nately, like many of our jobs bills, his These radical changes are counter- than anticipated. party’s leaders in the Senate are stand- intuitive and are forcing hard-working, The CBO projects the number of full- ing in the way. The President needs to diligent, and responsible families from time workers to fall by 2.3 million, use his bully pulpit as only an Amer- their homes. It is time to take a step while increasing financial burdens on ican President can and change their back and rein in this agency and its our children and grandchildren. minds. He can do that today when he harmful belief that this is a potential I urge the President: use that pen to addresses Senate Democrats. path forward. approve House-passed jobs bills; use I certainly hope and expect he will Families in our communities need that phone to work with Congress, and help us move this bill forward on behalf and deserve relief from these ridicu- let’s work together to relieve the bur- of American workers. Otherwise, all lously high premiums. I will continue den that so many of your policies have the talk about a ‘‘year of action’’ to work with my colleagues on trying placed on the backs of the American would appear to be just another broken to find a reasonable solution to this people. promise. crisis, one that will address the imme- diate needs of local homeowners. f f PROTECTING AND PRESERVING APPLAUDING CVS CAREMARK f THE GREAT LAKES (Mr. CICILLINE asked and was given WE CANNOT AFFORD BAD TRADE (Mr. HIGGINS asked and was given permission to address the House for 1 DEALS permission to address the House for 1 minute.) (Mr. ELLISON asked and was given minute.) Mr. CICILLINE. Madam Speaker, I permission to address the House for 1 Mr. HIGGINS. Madam Speaker, this rise today to applaud CVS Caremark’s minute and to revise and extend his re- afternoon I look forward to addressing decision to stop selling cigarettes and marks.) the Great Lakes Environmental Sum- other tobacco products in its more Mr. ELLISON. Mr. Speaker, trade of mit. than 7,600 stores across the United course can be good for Americans and The history of Buffalo is deeply root- States. CVS, which is headquartered in our economy, but we cannot afford bad ed in the Great Lakes, as easy access my district in Woonsocket, Rhode Is- trade deals. Bad trade deals exacerbate to Lake Erie fueled a thriving manu- land, is leading the way in promoting inequality. It makes the ladder of op- facturing industry. Our future is also public health and wellness, and I hope portunity harder to climb for working bright thanks to growing public and other pharmacies will follow their ex- people. private investment in the waterfront. ample. Twenty years ago, Washington Moreover, the Great Lakes support I would particularly like to thank passed NAFTA, and the results have 1.5 million jobs and $62 billion in wages Larry Merlo, the president and CEO of been devastating to our economy for per year. A report by The Brookings CVS Caremark; Helena Foulkes, the

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.007 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1600 CONGRESSIONAL RECORD — HOUSE February 5, 2014 president of CVS Pharmacy; and their heritage. Half of my home State’s 6,300 the minimum wage, supporting job board and their staffs for their commit- miles of snowmobile trails are on pub- training and education, and ensuring ment to putting people over profits. As lic land. Each year, families in my dis- equal pay for equal work are all nec- one of the Nation’s largest retail and trict head into the woods to partake in essary to meet the serious economic pharmacy chains, CVS Pharmacy has this winter recreational activity. challenges of our time: stagnant wages helped countless Rhode Islanders and Snowmobiling supports our economy, and the lack of upward mobility. people all across this country better particularly in northern Michigan. But the President’s push for fast manage their health. Each year, snowmobiling pumps over track authority for the Trans-Pacific The negative impacts of tobacco are $200 million into my State’s economy, Partnership trade agreement, or TPP, well known—lung cancer, diabetes, em- supporting thousands and thousands of flies in the face of these reforms. Twen- physema, and chronic bronchitis—and jobs. Nationally, it is even greater: $26 ty years after the NAFTA agreement cigarette smoking is the leading pre- billion in economic activity annually, involving Mexico and its $10 a day ventable cause of death in the United and over 100,000 jobs directly related to wages, we know that the Trans-Pacific States. the snowmobile industry and the over Partnership, which includes Vietnam Taking this product off their shelves 225,000 miles of groomed trails that and its 28 cents per hour minimum continues CVS Caremark’s long tradi- people ride on. wage, will depress wages. It will lead to tion of helping people improve their My amendment supports these jobs, the offshoring and the loss of American jobs. health and wellness, and it undermines promotes conservation, and ensures Raising American’s living standards, Big Tobacco’s active marketing to fu- snowmobilers that they will be able to continue to enjoy our incredible win- restoring the middle class, creating ture generations of Americans to per- American jobs, and increasing wages— suade them to take up this deadly ters while preserving the natural beau- ty of our national forests. those are our economic goals. That is habit. I salute CVS Caremark in their what we should achieve as a society. f efforts to help Americans live longer, The Trans-Pacific Partnership fails on healthier lives, and I am so proud of CBO’S LATEST ECONOMIC REPORT all of these goals, and we should defeat their decision and their corporate lead- ON OBAMACARE fast track. ership. (Mr. MICA asked and was given per- f f mission to address the House for 1 THANKING THE CLEVELAND/BRAD- SCHOLARSHIPS FOR KIDS ACT minute and to revise and extend his re- LEY COUNTY CHAMBER OF COM- marks.) MERCE (Mr. MESSER asked and was given Mr. MICA. Madam Speaker, I come permission to address the House for 1 before my colleagues today as someone (Mr. DESJARLAIS asked and was minute and to revise and extend his re- who comes from a family that at times given permission to address the House marks.) did not have health care. I think we for 1 minute and to revise and extend Mr. MESSER. Madam Speaker, lots can do a much better job, and we his remarks.) of kids in America go to a great school, should do a much better job, helping Mr. DESJARLAIS. Madam Speaker, but too many kids don’t, and that is people get health care. last week, I had the honor of attending not okay. The simple truth is that too Like some predicted on both sides of the Cleveland/Bradley County Chamber many families live in neighborhoods the aisle, they said that the way of Commerce annual meeting, where with bad schools. They can’t afford to ObamaCare was crafted it could result Mrs. Margaret Schenck and Mr. Bob move, and they can’t afford tuition to in a train wreck. We didn’t really Card Both received awards for their de- go to a better school either. know, but now we do know. The facts votion to free market values and dedi- cation to our community. There is another way. Imagine a sys- are out. Everyone has seen the rollout, tem not limited by ZIP Code, where I want to thank these individuals, which was a disaster. along with the entire Cleveland/Brad- education dollars follow the child and Every American should be stunned to ley County Chamber of Commerce, for every family in America can afford to see the Congressional Budget Office re- their ongoing fight to grow and support send their child to the school of their port today. You should read that: 2.5 local businesses. choice. This dream could become re- million people will lose their jobs. That Organizations like this Chamber of ality under the Scholarships for Kids doesn’t even consider the ones who Commerce show that American small Act. We filed the bill today. It gives have already been put to part-time sta- business owners and entrepreneurs are States the option to use Federal edu- tus when they are trying to feed their doing their part in growing jobs and cation funds for scholarships to lower- families, make a living, and put gas in strengthening our economy. income families, empowering these the car. Now it is time for Washington to live families to choose the best opportuni- Here we have more people losing jobs up to its end of the bargain. We must ties for their kids. because of this. Look at this, how eliminate the numerous regulatory Let’s stop defending the indefensible many people will see a smaller amount roadblocks that are being imposed and start imagining a great future for in their paycheck thanks to upon businesses and holding them back every child in America. ObamaCare. from reaching their full potential. We f This isn’t a partisan document. This know the path to prosperity will not be is something that is put out that has paved by Washington bureaucrats. b 1215 analyzed the impact, and it could be Rather, a brighter future will be se- NATIONAL FOREST SYSTEM devastating. cured by groups like the Cleveland/ LANDS FOR SNOWMOBILES IN f Bradley County Chamber of Commerce MICHIGAN PRESIDENT OBAMA’S PROPOSALS who seek to foster innovation and em- power local businesses. (Mr. KILDEE asked and was given (Ms. DELAURO asked and was given f permission to address the House for 1 permission to address the House for 1 minute.) minute and to revise and extend her re- IMMIGRATION REFORM Mr. KILDEE. Madam Speaker, I want marks.) (Ms. KUSTER asked and was given to thank the House of Representatives Ms. DELAURO. Madam Speaker, last permission to address the House for 1 for passing my amendment yesterday, week, President Obama laid out a se- minute and to revise and extend her re- which will help preserve access to the ries of proposals: ‘‘build new ladders of marks.) National Forest System lands for opportunity into the middle class’’ and Ms. KUSTER. Madam Speaker, snowmobiles in Michigan and across revive and sustain a core tenet of our today, I rise in support of comprehen- the Nation, the same access that has American system—as he put it: ‘‘the sive immigration reform. long been granted for responsible notion that if you work hard and take Our borders remain vulnerable, em- snowmobilers. responsibility, you can get ahead.’’ ployers game the system by hiring un- In Michigan, snowmobiling has long I could not agree more with many of documented workers, and millions of been an important part of our State’s the President’s proposals. Increasing individuals are living in the shadows.

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.009 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1601 This status quo fails to meet the Mr. KILMER. Madam Speaker, I rise Wright brothers’ achievements and ex- needs of businesses, is unfair to work- today to call on the House of Rep- cite and inspire future generations. ers, and is holding back economic resentatives to take action to prevent This monument site will honor the growth and opportunity in New Hamp- enormous flood insurance rate hikes great achievements of Ohio aviation shire and all across this country. from going into effect for homeowners and aerospace leaders, including the Congress must prioritize the consid- all across this country. This is about Wright brothers, John Glenn, and Neil eration of bipartisan legislation to the basic principle of housing afford- Armstrong. comprehensively reform and modernize ability. I congratulate them again on the in- our immigration system: H.R. 15, the Recently, I met with Realtors, home- novative design, and we look forward Border Security, Economic Oppor- owners, insurance agents, and mort- to this monument rising between Inter- tunity, and Immigration Moderniza- gage brokers in my neck of the woods. states 70 and 75. tion Act. They shared with me just how dra- It has been over 200 days since the matic the impact has already been in f Senate passed similar reform legisla- our region. tion, and it is long past time for the One perspective home buyer in Grays DEBT CEILING House of Representatives to do the Harbor County was shocked to find same. (Mr. HONDA asked and was given that their flood insurance quote came permission to address the House for 1 Republicans and Democrats must out to a whopping $13,000 per year. work together to take this common minute and to revise and extend his re- After paying $600 to show that the marks.) step to better secure our country and property was elevated, the insurance to reward those who work hard and are Mr. HONDA. Madam Speaker, Treas- quote was still more than the monthly ury Secretary Jack Lew has been urg- strengthening our economy. mortgage payment would have been, Comprehensive immigration reform ing Congress to act before Friday’s and the deal fell through. debt ceiling deadline, but here we are would strengthen our borders, combat This policy has already led to a rapid illegal immigration, and create new op- again with no signs of legislative and substantial decline in property val- progress, with rumors of a ransom that portunities for individual achievement ues in a part of my district that al- and the pursuit of the American Republicans will demand before Con- ready struggles with double-digit un- gress will be allowed to do its job. Dream. employment and can’t afford another Madam Speaker, I implore you: bring The Treasury Department is once round of congressional disfunction. again being forced to resort to extraor- this important bill to the floor. Madam Speaker, the Senate has al- f dinary measures to continue financing ready acted. Let’s do the same and im- the government. PRESIDENT SHOULD ACT ON mediately take up the Homeowner These games of chicken are dan- KEYSTONE Flood Insurance Affordability Act. gerous. They are irresponsible, they (Mr. WILSON of South Carolina f have led to turmoil in the markets, and asked and was given permission to ad- TRIUMPH OF FLIGHT MONUMENT they have cost our economy billions. dress the House for 1 minute and to re- (Mr. TURNER asked and was given We have avoided disaster in the past vise and extend his remarks.) permission to address the House for 1 and I believe will avoid it this time. In Mr. WILSON of South Carolina. any game of chicken, one side always Madam Speaker, for more than 1,960 minute and to revise and extend his re- marks.) must blink. But what happens when days, the President has refused to ap- neither side blinks? Disaster. prove the construction of the Keystone Mr. TURNER. Madam Speaker, my hometown of Dayton, Ohio, is the I ask my colleagues to help me in- pipeline. The President has incorrectly stall a permanent fix that would end blamed the delay on harmful environ- birthplace of aviation. At the turn of the 20th century, Orville and Wilbur the brinksmanship surrounding the mental impacts, but last week, the debt limit. State Department released a study Wright, bicycle repair shop owners in Dayton, invented the first airplane, My H.R. 233 allows the debt limit to confirming what House Republicans be raised unless a supermajority of have been saying for years: the Key- ushering in the era of modern aviation. From their efforts, America led the Congress votes to block such action. stone pipeline will not harm the envi- development of an entire new industry. This would permanently shift the role ronment. of Congress to disapproving debt ceil- The President is placing politics over It revolutionized commerce, commu- nication, travel, and our national de- ing increases instead of being forced to job creation. On Monday, former En- approve them. ergy Secretary Steven Chu acknowl- fense. Today, Ohio continues to help the My approach has been introduced by edged that the administration’s deci- Senators SCHUMER, BOXER, and HIRONO sion is strictly political and has no sci- Nation reach new heights in aviation and in the aerospace industry. in the Senate, and has been endorsed entific backing. by a growing chorus of economists and The President says he wants to cre- For example, in Dayton, the field where the Wright brothers developed outside thought leaders. ate jobs, but his inconsistent actions I urge my colleagues to join me in have prevented over 120,000 immediate and flew ‘‘the world’s first practical aeroplane’’ is now part of Wright-Pat- pursuing these permanent, necessary shovel-ready jobs. The President has reforms. said these are temporary jobs, but he is terson Air Force Base, the largest Air Force base in the world and home to wrong. These are permanent job at f MTU of Graniteville and Michelin of the Air Force Research Laboratory, dedicated to advancing aerospace tech- Lexington, producing engines and ADDICTION AND MENTAL HEALTH earthmover tires for oil sands recovery nologies. in Alberta, Canada. That is why I am here today to con- (Mr. MURPHY of Pennsylvania asked The most environmentally secure gratulate the efforts of the Wright and was given permission to address method of transportation is by pipe- Image Group, a team of resolute indi- the House for 1 minute.) line, and the President should join Con- viduals who are preparing to construct Mr. MURPHY of Pennsylvania. gress in developing Keystone for jobs. a new monument for America to pro- Madam Speaker, Philip Seymour Hoff- In conclusion, God bless our troops, mote our Nation’s accomplishments in man, a gifted and talented actor, didn’t and we will never forget September the air and space. have to die. His death is all too com- 11th in the global war on terrorism. Calling it the ‘‘Triumph of Flight,’’ mon. In the past 6 years, heroin use has f seen here, they will place a massive doubled, with 1 million ER visits and replica of the 1905 Wright flyer 250 feet several thousand deaths that will occur FLOOD INSURANCE RATES in the air above the crossroads inter- this year from an overdose. (Mr. KILMER asked and was given section of Interstates 70 and 75. This is not just a law enforcement permission to address the House for 1 Madam Speaker, this monument’s in- issue but a public health issue because minute.) novative design will remind us of the addiction is a mental disease.

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.012 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1602 CONGRESSIONAL RECORD — HOUSE February 5, 2014 Many treatments for addiction are Dorchester was torpedoed by a German PROVIDING FOR CONSIDERATION modeled on peer support like Alco- submarine, and it sunk. Out of that OF H.R. 2954, PUBLIC ACCESS holics Anonymous and Narcotics Anon- tragedy came the story of the four AND LANDS IMPROVEMENT ACT, ymous, valuable and important organi- chaplains. AND PROVIDING FOR CONSIDER- zations that provide a pathway to help- ATION OF H.R. 3964, SAC- Four U.S. Army chaplains of dif- ing a person overcome an addiction RAMENTO-SAN JOAQUIN VALLEY through peer support, but peer support ferent faiths—one rabbi, one Roman EMERGENCY WATER DELIVERY is only support. It is not the whole Catholic priest, one Methodist, and one ACT Baptist minister, Clark Poling, who treatment. Mr. BISHOP of Utah. Mr. Speaker, by was born in Columbus, Ohio—came to- In Time magazine, a parent whose direction of the Committee on Rules, I gether on that day on the Dorchester. son died of a drug overdose said: call up House Resolution 472 and ask I did everything I could, but I failed him. As the Dorchester began sinking, they for its immediate consideration. Everything included eight residential treat- began to calm the men and organized The Clerk read the resolution, as fol- ment programs and four outpatient pro- an orderly evacuation, but it quickly lows: grams. became clear that there weren’t H. RES. 472 Addiction programs don’t always do enough life jackets. Resolved, That at any time after adoption everything right. Ninety percent of In a true display of heroism and brav- of this resolution the Speaker may, pursuant those who enter treatment programs ery, the four chaplains removed their to clause 2(b) of rule XVIII, declare the don’t receive evidence-based treat- House resolved into the Committee of the own life jackets and gave them to oth- ment. The fact is there is a lack of Whole House on the state of the Union for mental health professionals, broken ers. They helped as many men as they consideration of the bill (H.R. 2954) to au- Federal policies, and a severe shortage could on lifeboats, and then they thorize Escambia County, Florida, to convey certain property that was formerly part of of acute care facilities. linked arms, recited prayers, and sung hymns as the ship went down. These Santa Rosa Island National Monument and I encourage my colleagues to join me that was conveyed to Escambia County sub- in sponsoring the Helping Families in heroic actions must never be forgotten. ject to restrictions on use and reconveyance. Mental Health Crisis Act, H.R. 3717. I would like to thank the Wil- The first reading of the bill shall be dis- Let’s get people the help they need. mington, Ohio, American Legion post pensed with. All points of order against con- sideration of the bill are waived. General de- f and the many American Legion posts bate shall be confined to the bill and shall b 1230 and VFW posts across the country that not exceed one hour equally divided and con- helped tell this story this week. We trolled by the chair and ranking minority CORPORAL G. ROBERT SMITH must never forget. member of the Committee on Natural Re- (Mr. WENSTRUP asked and was sources. After general debate the bill shall be given permission to address the House f considered for amendment under the five- for 1 minute.) minute rule. It shall be in order to consider as an original bill for the purpose of amend- Mr. WENSTRUP. Mr. Speaker, from BUREAUCRACY STANDING IN THE ment under the five-minute rule an amend- 1942 to 1949, the African American ma- WAY OF PROGRESS ment in the nature of a substitute consisting rines who trained at Montford Point of the text of Rules Committee Print 113-35. Camp, North Carolina, fought intoler- (Mr. YODER asked and was given That amendment in the nature of a sub- ance and segregation, yet they contin- permission to address the House for 1 stitute shall be considered as read. All points ued to serve their Nation proudly. minute and to revise and extend his re- of order against that amendment in the na- I am honored to have one of these marks.) ture of a substitute are waived. No amend- men, World War II veteran Corporal G. ment to that amendment in the nature of a Mr. YODER. Mr. Speaker, Americans substitute shall be in order except those Robert Smith, amongst the ranks of want us to work together to help our printed in part A of the report of the Com- constituents in Ohio’s Second District. economy grow, to support job creation, mittee on Rules accompanying this resolu- I am personally grateful for Corporal tion. Each such amendment may be offered Smith’s service and dedication to our and to create opportunity for every only in the order printed in the report, may Nation, and I would like to offer my American to succeed, but far too often be offered only by a Member designated in sincere congratulations for being rec- our own government gets in the way of the report, shall be considered as read, shall ognized with the Congressional Gold American job opportunities—stifling be debatable for the time specified in the re- Medal. Corporal Smith lives up to the innovation and hindering job creation. port equally divided and controlled by the proponent and an opponent, shall not be sub- high standards that characterize the The construction of the Keystone ject to amendment, and shall not be subject United States Marine Corps. The state- pipeline means thousands of jobs to to a demand for division of the question in ment ‘‘once a marine, always a ma- Americans who are looking to get back the House or in the Committee of the Whole. rine’’ is a reminder that these stand- to work—it means engineering, con- All points of order against such amendments are waived. At the conclusion of consider- ards carry on long after the uniform struction, energy, transportation, and has been put away. ation of the bill for amendment the Com- manufacturing jobs—but our own gov- Corporal Smith, your fellow Ameri- mittee shall rise and report the bill to the ernment continues to stand in the way. House with such amendments as may have cans take pride in your military serv- The Congressional Budget Office now been adopted. Any Member may demand a ice and your contributions to your separate vote in the House on any amend- community after that service. says the administration’s health care ment adopted in the Committee of the Whole The freedom and liberty that we mandates will damage economic to the bill or to the amendment in the na- enjoy today is due, in large part, to the growth and will lead to as many as 2.3 ture of a substitute made in order as original sacrifices made by individuals like Cor- million American workers losing their text. The previous question shall be consid- poral G. Robert Smith. jobs because of what this government ered as ordered on the bill and amendments Corporal Smith, Semper Fi. thereto to final passage without intervening has decided to do to them. These are motion except one motion to recommit with f real consequences for real families. or without instructions. THE FOUR CHAPLAINS Mr. Speaker, our economy isn’t SEC. 2. At any time after adoption of this resolution the Speaker may, pursuant to (Mr. STIVERS asked and was given struggling because of the efforts of the clause 2(b) of rule XVIII, declare the House permission to address the House for 1 American people. No. Our economy resolved into the Committee of the Whole minute and to revise and extend his re- struggles because of bloated, expensive, House on the state of the Union for consider- marks.) and destructive bureaucracy that ation of the bill (H.R. 3964) to address certain Mr. STIVERS. Mr. Speaker, this stands in the doorway of progress. As water-related concerns in the Sacramento- this government grows, opportunity San Joaquin Valley, and for other purposes. week marks the 71st anniversary of a The first reading of the bill shall be dis- dramatic sacrifice made by four U.S. shrinks. It is time that this Congress pensed with. All points of order against con- Army chaplains during World War II on removes the weight of this government sideration of the bill are waived. General de- February 3, 1943. On that day, the USS off the backs of the American people. bate shall be confined to the bill and shall

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.012 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1603 not exceed one hour equally divided and con- for a balanced and open debate on the this drought, the water simply does not trolled by the chair and ranking minority merits of both of these important exist. member of the Committee on Natural Re- pieces of legislation. How and when to direct water is very sources. After general debate the bill shall be I reserve the balance of my time. similar to problems we face in the Ev- considered for amendment under the five- Mr. HASTINGS of Florida. I thank erglades. Without an ongoing flush of minute rule. It shall be in order to consider my friend, the gentleman from Utah as an original bill for the purpose of amend- water into the ocean, seawater in- ment under the five-minute rule an amend- (Mr. BISHOP), for yielding me the cus- trudes upon the delta. You then wind ment in the nature of a substitute consisting tomary 30 minutes, and I yield myself up with saltwater inland, and then you of the text of Rules Committee Print 113-34. such time as I may consume. might as well not have any water at That amendment in the nature of a sub- Mr. Speaker, we have real problems all. stitute shall be considered as read. All points facing our Nation. The measures before I didn’t have to deliberate long to de- of order against that amendment in the na- us today are partisan and have no cide against this bill. California, the ture of a substitute are waived. No amend- chance of becoming law. My friends State the bill supposedly helps, is ment to that amendment in the nature of a across the aisle would rather pick po- strongly opposed to it. Let me be very substitute shall be in order except those litical battles than propose real solu- clear. That means the Governor and printed in part B of the report of the Com- mittee on Rules accompanying this resolu- tions. We worked together on the farm those who are critical to it are op- tion. Each such amendment may be offered bill, on the budget, and on the omnibus posed. I understand that there are only in the order printed in the report, may appropriations bill, and I hope that members of the California delegation be offered only by a Member designated in soon we will pass a bipartisan Water who do support this matter, and I re- the report, shall be considered as read, shall Resources Development Act conference spect that. I can’t say it any better be debatable for the time specified in the re- report. Instead of continuing in a bi- myself. The only way we are going to port equally divided and controlled by the partisan manner, however, we are here help California is to realize that you proponent and an opponent, shall not be sub- once again considering partisan bills can’t play politics with a person’s ject to amendment, and shall not be subject that will not become law. For example, drinking water. to a demand for division of the question in the House or in the Committee of the Whole. H.R. 3964 is a far-reaching measure of Turning now to the other piece of All points of order against such amendments drastic and immediate consequences legislation, H.R. 2954 is no better either are waived. At the conclusion of consider- for its chosen winners, yet the bill was substantively or procedurally. My ation of the bill for amendment the Com- introduced only a week ago and with friends across the aisle continue to mittee shall rise and report the bill to the only Republican cosponsors. play fast and loose with their pledge to House with such amendments as may have California is in the middle of a ter- address one issue at a time. That is been adopted. Any Member may demand a rible drought. Some Californians are what they said. H.R. 2954 is 10 unre- separate vote in the House on any amend- already reporting that no water comes lated bills stitched together. Some of ment adopted in the Committee of the Whole out when they turn on their taps. They the provisions we are looking at today to the bill or to the amendment in the na- need a real solution. We have got our ture of a substitute made in order as original are not controversial, but rather than text. The previous question shall be consid- water issues in Florida. There is not pass noncontroversial provisions ered as ordered on the bill and amendments enough of it in places that need it and through less contentious means, my thereto to final passage without intervening too much of it where it is not needed. friends have packaged them together motion except one motion to recommit with Yet my friends across the aisle have with partisan measures for rank polit- or without instructions. decided to handpick when states’ rights ical purposes. don’t matter and to take the oppor- The SPEAKER pro tempore (Mr. b 1245 GARDNER). The gentleman from Utah is tunity to blast California’s preroga- It is Frankenstein’s parliamentary recognized for 1 hour. tive. Mr. BISHOP of Utah. Mr. Speaker, California has a plan—the Bay Delta monster. The other day at the Rules Com- for the purpose of debate only, I yield Conservation Plan—that has been mittee, my friends across the aisle the customary 30 minutes to the gen- worked on in a unanimously important talked about how much they love na- tleman from Florida (Mr. HASTINGS), way. Instead, this legislation has turned a legitimate crisis into a jus- tional parks, and shared their experi- pending which I yield myself such time ences hiking and visiting the parks as I may consume. During consider- tification for a power grab, prioritizing junior water rights holders over those with their families. Yet they are still ation of this resolution, all time yield- bringing H.R. 2954 to the floor, a bill ed is for the purpose of debate only. with senior rights. I respect my col- leagues from California, but the Gov- that would greatly hamstring the Na- GENERAL LEAVE ernor is responsible for the entire tional Park Service, Bureau of Land Mr. BISHOP of Utah. Mr. Speaker, I State, and he expressly rejects the Management, and the United States ask unanimous consent that all Mem- measure before us today. Forest Service in their capabilities to bers have 5 legislative days during Mr. Speaker, Californians already protect public land and endangered spe- which they may revise and extend their have, as I have said, a water use plan in cies. remarks. place. The plan is a result of long, de- These 10 bills are designed to influ- The SPEAKER pro tempore. Is there tailed discussions and carefully crafted ence or dictate management decisions objection to the request of the gen- policy. Yet this bill would substitute— about the conveyance or disposal of tleman from Utah? indeed, preempt—the will of the people Federal lands. They tie the hands of There was no objection. with a reactionary Federal policy. Spe- public land managers and give away Mr. BISHOP of Utah. Mr. Speaker, cifically, the bill preempts California millions of dollars worth of Federal the resolution provides a structured law, eliminates Endangered Species land to local governments without en- rule for the consideration of two sepa- Act protections for salmon and other suring the land is used in the public’s rate bills: H.R. 2954, which is the Public fisheries, overturns existing Federal best interest. Access and Lands Improvement Act, law, as well as undermines existing They include drastic changes to regu- and H.R. 3964, which is the Sac- agreements and court orders related to lations related to grazing policy and ramento-San Joaquin Valley Emer- water use in California. waive or undermine existing environ- gency Water Delivery Act. Moreover, this bill will not fix the mental law. Some of these provisions It provides for an hour of general de- problem, which is simple—there is not would be significantly less controver- bate, each measure equally divided and enough water. H.R. 3964 will not end sial were it not for the unnecessary controlled by the chairman and rank- the drought. It will not create more provisions waiving environmental pro- ing minority member of the Committee water. Simply put, it will only decide tections. It is no secret my friends on Natural Resources. The rule makes who will go thirsty. across the aisle look to undermine, if in order five amendments to H.R. 2954 California’s secretary for natural re- not eliminate, the National Environ- and eight to H.R. 3964, and of those sources, John Laird, wrote to the rel- mental Policy Act at every chance amendments made in order, nine are evant committees: they can. Democrat amendments. So this is a The bill falsely holds the promise of water These are the kinds of policies that fair and generous rule. It will provide relief that cannot be delivered because, in leave 300,000 West Virginians without

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.002 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1604 CONGRESSIONAL RECORD — HOUSE February 5, 2014 water to drink or bathe. We don’t know frastructure to allow us to prepare for With 2013 being the driest year on the effects of the chemicals that spilled those droughts, and what these regula- record since the Gold Rush, and 2014 into the drinking water for 300,000 West tions have done is allowed water to go being the third year of a drought cycle, Virginians. We don’t know yet how out into the ocean and not be in place we are being pushed to make do with much or even specifically what was to prevent us from this disastrous situ- less water than ever before. spilled. The lasting damage to West ation we face today. A statewide drought emergency has Virginia’s water supply can’t be pre- That is what we are fighting over been declared, and my district of Sac- dicted. That is why it should be an ex- today. We want to make sure that that ramento is doing its part by instituting emplar for why we need to have careful infrastructure is used and our taxpayer a mandatory reduction in water use. environmental regulations everywhere. money is put in place so that when My constituents are required by law Mr. Speaker, week after week, my those projects are there, we have water now to reduce their water use 20 to 30 Republican colleagues continue to to supply our farms and our commu- percent. Fines for multiple offenders bring up partisan bills that offer no re- nities. will reach $1,000. lief to hardworking Americans. I be- Over the last year, as a Member of Moreover, in the Sacramento region, lieve that this institution is better Congress, and the 2 years before that as the Folsom Reservoir is at dangerously than that and must change course. a member of the State house, and be- low levels and is currently only at 17 I am astounded that we haven’t au- fore that as a farmer, I have always percent of capacity. thorized unemployment insurance. dealt with and talked with my locals— Unfortunately, there is no silver bul- Let me repeat that. I am astounded and especially my local elected offi- let to solving California’s water issues. that we have not reauthorized unem- cials. My city councils, my city man- The issue of water in California has ployment insurance for now what is 1.6 agers, my board of supervisors all come been debated for so many decades be- million Americans. With each passing to me with the same issue: cause it is such a critical issue for the day, more families face the threat of What are we going to do? We have State. As a daughter of a Central Val- losing their homes. With each passing got 40 percent of our water this year ley farmer who grew up on a farm, I day, our roads, bridges, schools, parks, for our city; we have got 50 percent of deeply understand the value of and the ports, airports, and railways continue our water for our city; we have got 20 controversy over water. to degrade due to lack of adequate in- percent of our water for our farmers. In northern California, we have done vestment. With each passing day, How are we going to take care of our our best to balance our watershed to Americans burdened by long-term un- communities? How are we going to provide water for our farms, cities, and employment see little, if any, action in take care of these people. How are we habitat. the House of Representatives to give going to allow them to be successful? To say this bill will help the drought This is one of the solutions. them hope. is grossly misleading and, frankly, irre- With so many Americans and their When we talk about solutions, I am sponsible. families enduring difficult times, we fine and happy to work with Members Mr. Speaker, even if we pumped as cannot afford to wait any longer. on long-term solutions like the Bay much water south as possible, it still Americans deserve peace of mind and a Delta Conservation Plan, as long as it wouldn’t be enough. The problem is a government that functions. delivers water. I am fine talking about I reserve the balance of my time. the water bond, as long as it delivers lack of rain. There is simply no more Mr. BISHOP of Utah. My good friend water infrastructure for our Valley. water to pump from the Delta. from Florida was correct in at least We have to make sure that the crisis Mr. Speaker, instead of working to- one aspect. There are two bills that are that we are facing today is addressed. gether, this bill only further divides involved in this particular rule, one Because it is a crisis; it is affecting our State. My district, the city of Sac- which involves 10 different sections people today. We are seeing people ramento, the Sacramento region, and dealing with land issues that are crit- being laid off. Yes, that is putting a northern California as a whole, strong- ical to 10 States chagrined that they huge dent in our resources because we ly oppose this bill. Some of the con- have to come to Congress for redress- have to pay these people because they cerns include the loss of the State’s ing their grievances. The other one are not working because of a program, right to manage its own water, the dec- deals with water issues. because of regulations that were put imation of environmental protections To explain that water issue, I yield 5 into place that allowed that water to for our Sacramento-San Joaquin Delta, minutes to the gentleman from Cali- go out into the ocean for absolutely no the ability to manage Folsom Res- fornia (Mr. VALADAO), the sponsor of good reason. ervoir for the benefit of the Sac- that particular bill. So this has had an impact on my dis- ramento metropolitan area and, most Mr. VALADAO. Mr. Speaker, as a trict. We are going to continue to importantly, the overall instability farmer in the Central Valley, I grew up fight, and yes, this is a solution. If the that this bill would create in Cali- there—born and raised—on my own other side has a solution to bring to fornia. personal farm with my family. We have the table and be part of the conversa- We cannot afford to give up Califor- struggled with this water fight for tion, I am happy to hear it and happy nia’s right to control its own water fu- years, even before I was born. This to negotiate. Until then, we are going ture. The stakes are much too high. I isn’t a new issue. It is something that to continue to fight on our side and urge my colleagues to strongly oppose has been talked about for years. The push this forward. this legislation. problem is we have talked about it long Mr. HASTINGS of Florida. Mr. Mr. BISHOP of Utah. Mr. Speaker, I enough. We have got to do something. Speaker, I am very pleased at this time reserve the balance of my time. We have got to make a difference for to yield 3 minutes to the distinguished Mr. HASTINGS of Florida. Mr. these people. gentlewoman from California (Ms. Speaker, I am very pleased at this time When they talk about unemployment MATSUI), a former member of the Rules to yield 2 minutes to the distinguished benefits, these people in my district Committee. gentleman from California (Mr. would rather have a job. You turn on Ms. MATSUI. I wish to thank the MCNERNEY), a member of the Energy that water and they will be back to gentleman from Florida for yielding and Commerce Committee. work. We have got farmers in my dis- me time. Mr. MCNERNEY. I thank the gen- trict that are literally laying people off Mr. Speaker, I rise in strong opposi- tleman for yielding. today, putting more people on the un- tion to H.R. 3964. Mr. Speaker, I want to start by stat- employment line, because of environ- California is currently experiencing a ing that I am strongly opposed to H.R. mental regulations. record drought. Up until just last 3964, for a variety of reasons, but pri- Yes, there is a drought going on. Thursday, it had been 54 days without marily because it does nothing to ad- That has been going on. It has hap- rain in my district of Sacramento. dress California’s drought. However, I pened in the past. We have got at least That is almost 2 months. To put this in would like to raise two points about 10 in our recorded history in California. context, Sacramento is experiencing a the bill’s process and debate. When you look at what our fore- 130-year record for low rainfall, a I offered an amendment that would fathers have done, they created an in- record that dates back to 1884. sunset provisions of this bill in the 2015

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.015 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1605 water year. I did this because the bill’s The State and Federal Endangered overreaching expansion of Federal au- authors stated that the bill is intended Species Act; thority offered cynically today as a so- to be a short-term measure. Yet my The National Environmental Policy lution. amendment to limit the duration of Act; I know some people across the aisle the bill was prevented from coming to The San Joaquin River Settlement like to talk about the 10th Amend- the floor for a debate. Act; ment. They like to rail against expan- I offered another amendment, which The Wild & Scenic River Act protec- sion of Federal authority and Federal was actually proposed by the bill’s au- tions for the Merced River. overreach. Well, we are living in a very thors. A few weeks ago, the Speaker, If that is not enough for everyone in glass house here today, Mr. Speaker, the majority whip, and the bill’s au- the House to know, then there isn’t because this is the most overreaching thors held a press conference in Cali- anything else to know. expansion of Federal authority that I fornia, where they bemoaned the fact Vote against this bill. It is horrible. could ever imagine on something as that the Senate would not come to the Mr. BISHOP of Utah. Mr. Speaker, I basic as water rights in the Western negotiating table to address long-term continue to reserve the balance of my United States. water shortage issues. time. Mr. BISHOP of Utah. Mr. Speaker, I I agree with them that a bipartisan Mr. HASTINGS of Florida. Mr. reserve the balance of my time. discussion in both Houses of Congress Speaker, I yield 2 minutes to the dis- Mr. HASTINGS of Florida. Mr. is appropriate. That is why I offered an tinguished gentleman from California Speaker, I am very pleased to yield 1 amendment, using their own sugges- (Mr. HUFFMAN), a member of the Nat- minute to the distinguished gentleman tions, to establish a joint select com- ural Resources Committee. from California (Mr. GEORGE MILLER), mittee to address drought issues in the Mr. HUFFMAN. Mr. Speaker, the last who is a member of the Education and West. It would be comprised of 10 Mem- time California had a severe multiyear Workforce Committee and a former bers, just as the bill’s author rec- drought, something very different hap- chair of the relevant committee having ommended, and would work out a com- pened. Democrats and Republicans, to do with the environment. prehensive solution. people from the northern part of the Mr. GEORGE MILLER of California. That proposal, too, was rejected, as State, the southern part, and inland Mr. Speaker, I thank the gentleman for was a similar amendment by my Cali- came together around a historic bipar- yielding. I thank my colleagues who fornia Valley colleague, Mr. COSTA. We tisan set of water reforms. have spoken out against this legisla- wanted to bring the House and the Sen- I was fortunate to help author some tion. This legislation is in no way a solu- ate to the table but are being denied of that. I chaired the Water Committee tion to the problems that we have in the tools we need to do just that. How in the State legislature. National news- California with the continuing can the bill’s authors claim they want papers like The New York Times called drought. This legislation is simply a a bicameral discussion, yet deny a vote it the most important thing California legislative temper tantrum. on this issue—one which they just ad- had done for water in 60 years. They don’t want to nuance what has vocated for? This bill repeals it. Full stop. to be nuanced. They don’t want to have I am trying to establish a set of b 1300 each area of origin be taken into con- guidelines with what the bill’s authors sideration. They don’t want to balance say they want, but they won’t even To offer this as a solution would be urban/rural. They don’t want to bal- allow it. laughable if it weren’t such a serious offense to real solutions in California ance agriculture/technology. Mr. BISHOP of Utah. I appreciate the This is what the Governor is having gentleman’s frustration. Those very water. The Bay Delta Conservation Plan to do. This is what the resource agency proposals were offered by Chairman is having to do. This is what the entire LUCAS in the farm bill and rejected by which my friend referenced is over if this bill passes because the premise of State legislature is focusing on, trying the Senate. to figure out how all of California sur- I continue to reserve the balance of that plan is coequal goals for the envi- ronment and water supply reliability; vives the drought. my time. This one just says what we will do is Mr. HASTINGS of Florida. Mr. and when you preempt that and repeal it, there is no basis for that plan to we will kick over the barn upstate Speaker, I am very pleased to yield 1 there. We will take their water and we minute to the distinguished gentle- move forward at all. You had better include, in fact, some will be okay. woman from California (Ms. ESHOO), Well, why doesn’t San Diego look up funding for the Federal courts if this with whom I served previously on the north and say, you know what? We will bill passes because, instead of a solu- Intelligence Committee and who is as a kick over the barn. We will take their tion, you are going to be unleashing a member of the Energy and Commerce water, and we will be okay. Committee. wave of litigation unlike anything the This is the greatest intrusion into Ms. ESHOO. I thank the gentleman. State of California has ever seen. State water rights that we have seen in Mr. Speaker, I rise in fierce opposi- It is going to hurt the San Joaquin this legislature, and that is why Gov- tion to the bill that is being considered Valley, and it is going to hurt every ernors of other Western States under- because it throws decades of State and other part of the State that needs con- stand the principles that are engaged Federal water law out the window, and, structive solutions, not a new water here are an absolute attack on their in the process, it would kill thousands war. States also. That is why Representa- of jobs in the Bay area and elsewhere We have over 100 years, Mr. Speaker, tives from those States opposed this on the west coast, while pitting water of deference by the Federal Govern- legislation last time it was presented, users against one another. ment to the State of California and to and they will oppose it again this time. Salmon fishing is one of California’s all other Western States in admin- The SPEAKER pro tempore. The oldest industries. Today, the Bay-Delta istering our water rights system. That time of the gentleman has expired. salmon fishery is not nearly as healthy was made very clear by Chief Justice Mr. HASTINGS of Florida. Mr. as it once was, but it still supports Rehnquist in California v. The United Speaker, I yield the gentleman an addi- thousands of jobs up and down the en- States in the 1970s. tional 30 seconds. tire west coast. This bill would dry up The principle of State administration Mr. GEORGE MILLER of California. what is left of the once legendary salm- of water rights under the public trust I thank the gentleman. on fishery industry. doctrine is part of the California Con- So you have a bipartisan coalition in Here are some of the laws that this stitution, and the California Supreme the States trying to work this out, bill would gut or override. I think ev- Court has made it clear that that is a from every economic sector, from eryone should fasten their seatbelts: bedrock of California water law. every environmental sector, for the The California Constitution; The California Legislature, in that benefit of the State of California. The Reclamation Act of 1902; historic 2009 package, called that the This drought doesn’t have to end in The Central Valley Project Improve- fundamental principle of California this rainy season. It can go on another ment Act; water, and it is repealed by this vastly year and another year.

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.016 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1606 CONGRESSIONAL RECORD — HOUSE February 5, 2014 This legislation is destructive, de- deals with water diversions, not water beautiful area. Green lawns, people structive of our trying to make sure consumption. water their lawns. They don’t have any that every facet of the California soci- Mr. NUNES. I want to thank the water, Mr. Speaker, either, because, ety and its economy survive, and that chairman for allowing me to speak on conveniently, this body preempted is why this bill should be rejected. It is this important bill. State law, took water from our area in an assault on fundamental states’ Mr. Speaker, today we are going to the Sierra Nevadas, which is about 200 rights that every other Western Gov- hear, Mr. Speaker, a lot of falsehoods. miles away. But worse than that, they ernor recognized the moment this bill But we need to get to the bottom of went into a national park to take the was introduced, and that is why they why are we hearing those falsehoods, water. oppose it. They join the Governor of because, for 40 years in this body, peo- What national park? Yosemite Na- California, the resource agency of Cali- ple have made a career of using water tional Park. They went to Yosemite, fornia, in opposition to this bill. as a weapon. one of the treasures of our national Mr. BISHOP of Utah. Mr. Speaker, I Why? Because they never liked the park system, and they took this valley, reserve the balance of my time. fact that farmers and farm workers and they put a dam so that they could Mr. HASTINGS of Florida. Mr. were making what was once a dry area create this lake. Speaker, yesterday, we gave the House of the State the Garden of Eden of this Now, look, I want the people of San an opportunity to consider flood insur- world. They never liked that. Francisco and the bay area to have ance reform which the Senate has al- Why? Because they don’t want to water. I don’t want them to be like our ready adopted, but unfortunately it have to admit to themselves, when communities and not have any water. was denied. As incongruous as it might they live in their beautiful cities of But we have to tell the truth, Mr. be, we consider it such an important Hollywood and San Francisco and all Speaker. They dammed up this valley issue, while we are here talking about these great cities that are on the coast to create this water, but then it doesn’t an equally important issue, drought, to of California, beautiful areas, it is a go to the delta to protect their little bring up this measure having to do desert. They don’t have any water ei- fish that they care so much about. No, with flood insurance. It is an impor- ther. Mr. Speaker. It gets piped over to San tant issue for families across the Na- So they wanted to keep our area, Francisco. Here is the pipe. This is the tion, so today we will provide that op- where I grew up, they wanted to keep Sierra Nevadas. They catch the water. portunity again. it as a desert because they feel bad They pipe it all over the bay area, Sil- If we defeat the previous question, I about the destruction that they have icon Valley, San Francisco, discharge am going to offer an amendment to done on the coast of California. So if their sewer into the bay, take pristine this rule to bring up a bill that will they can keep inland California in its water from our area to feed their fami- delay flood insurance premium hikes original state, they would be happy lies, grow their grass. I don’t see any of them up here say- and provide financial relief to thou- with that. ing that they are going to tear down sands of American families and, spe- But for the farmers and the farm- this system, dump this water into the cifically, families in Florida. workers that are losing their farms, bay to protect their stupid little fish, To discuss our proposal, I yield 1 farmworkers are out of jobs. We are their little delta smelt that they care minute to the gentleman from Nevada going to lose 30,000 jobs probably this about. We don’t see that, Mr. Speaker, (Mr. HORSFORD), my good friend. year. It is an inconvenient truth that because they don’t want to tell the Mr. HORSFORD. I thank the gen- for 40 years this body has been pre- truth. This isn’t about truth telling. tleman from Florida for yielding. empting State law and taking water This is about money and power, mil- Mr. Speaker, I urge my colleagues to away from one region and dumping it lions of dollars. vote ‘‘no’’ on the previous question and and wasting it out to the ocean. The SPEAKER pro tempore. The allow us to vote on legislation to ad- You started with the Endangered time of the gentleman has expired. dress the Nation’s concerns about flood Species Act, State preemption. In 1992, Mr. BISHOP of Utah. I yield the gen- insurance and to come up with a com- a lot of talk about how we are gutting tleman an additional 1 minute. prehensive water plan to address our the Central Valley Project Improve- Mr. NUNES. So all of the radical en- drought. ment Act. That bill was a State pre- vironmental groups that were created Last month, the Senate voted over- emption. We have no way to fix the in this country started where? In that whelmingly to approve the Homeowner problems in California because of all little epicenter of Hollywood and San Flood Insurance Affordability Act. And the State preemptions that have been Francisco on the west coast of Cali- the headline of the American Banker done by the left in this body over four fornia. article says it all: ‘‘House GOP Blocks decades. Lawsuits, lawsuit after lawsuit after Vote on Senate-Passed Flood Insurance So I found it fascinating the Mem- lawsuit, millions of dollars went to Bill.’’ bers of Congress that were getting up trial lawyers. But you know what, Mr. ‘‘Florida Governor Scott Urges to speak about how we are going to kill Speaker? Those millions of dollars that Speaker Boehner to Take Up Flood In- the fish, and this water is so important came from my community to pay off surance Fix,’’ by the Palm Beach Post. for these fish; and the little Delta these rich lawyers, we don’t know how This bipartisan legislation provides a smelt, we have got to keep them and many millions it was because it is hid- 4-year timeout on rate increases trig- keep the habitat. den from the taxpayer. It is hidden gered by a property’s sale or a flood Well, there is a little more truth to from the American people, sealed by map update for a property with pre- that, Mr. Speaker. Let me tell you court order. Why don’t they come out viously grandfathered rates. The bill what they are really hiding. and tell us how much money they also creates a flood insurance advocate And I apologize to the viewers at made? to investigate homeowner complaints home. This is what they are hiding: Millionaires off of government, used of rate quotes. sewer discharge into the delta, killing the government to make millions. Used During a recent trip back to my their precious little fish. Every one of the government to dump sewage into home State in Nevada, my constituents the cities in the San Francisco Bay, the water to kill the fish; dam up Yo- told me that these increases can be ex- Sacramento, the delta, sewage runs semite to bring the water from Yosem- cessive and unfair. It is a problem that right into the waterway, kills the little ite for fresh water while our people, they want addressed now. fish. farmers and farmworkers, lose their I urge my colleagues to vote ‘‘no’’ It is pretty startling, isn’t it? jobs. and to allow us to bring up this pre- They don’t talk about that, do they? It is an inconvenient truth, Mr. vious question and offer an alternative. The other little thing that they don’t Speaker. Mr. BISHOP of Utah. Mr. Speaker, talk about is, where does their water Mr. HASTINGS of Florida. Mr. before I go into complete pivot to non- come from? Because they live in a Speaker, I am very pleased at this time germane issues, I yield 5 minutes to desert, too. People don’t realize that. to yield 1 minute to the distinguished the gentleman from California (Mr. You go visit San Francisco, visit Sil- gentleman from Connecticut (Mr. NUNES) to talk about how the first bill icon Valley, people think, oh, that is a COURTNEY), my good friend.

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.017 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1607 Mr. COURTNEY. Mr. Speaker, any- tial by the unique relationship between miums. Without it, thousands of mid- one watching this debate, I think, un- the Federal and State governments dle class homeowners will continue to derstands why the American public is with respect to California water policy, suffer from the uncertainty of not so turned off by this Congress. This is the mixture of both the Central Valley knowing whether the cost of flood in- a bill which was brought to the floor in project and the State water project. surance will make homeownership a hyperpartisan process, bypassing the To the ridiculous comment that this unaffordable. committee, hyperdivisive, and it is is a theft of northern California water This legislation passed the Senate going absolutely nowhere. In the mean- and that northern California is united Thursday with a strong bipartisan time, we have an economy which needs in its opposition, nothing could be fur- vote. The House companion has 182 bi- this Congress to act. ther from the truth. On the contrary, partisan cosponsors. I urge my col- A few days ago, the Senate did act on this bill protects the north from any leagues to support consideration of the a bipartisan basis to pass the Menen- attempt to override established Cali- Homeowner Flood Insurance Afford- dez-Isakson Homeowner Flood Insur- fornia water rights law in reallocating ability Act to provide immediate relief ance Affordability Act, which will help water from the north. for our families and our communities. coastal properties that are now locking Just to illustrate this, I would point Mr. BISHOP of Utah. I reserve the up because of skyrocketing flood insur- out that it was these provisions in the balance of my time. ance premiums which the Senate bill last session of Congress that the Cali- Mr. HASTINGS of Florida. Mr. will fix. fornia Association of Water Agencies Speaker, at this time, I am very Again, 182 cosponsors in the House, specifically pointed to in support. They pleased to yield 2 minutes to the dis- bipartisan. We have the support of the said this: The bill, if enacted, now con- tinguished gentlewoman from Cali- Bankers Association, Realtors, housing tains provisions that would not only fornia (Ms. WATERS), who is the rank- advocates, a broad consensus, broad bi- protect the interests of senior water ing member of the Committee on Fi- partisan support. It will help the real rights holders in the Sacramento Val- nancial Services. I wish to make clear to my friend on estate market, which will drive this re- ley but would also provide significant the other side who continues to say covery in a positive direction. material water policy improvements to that he wants to bring us back to the Let’s act on that, amend the rule. current Federal law. The bill, if en- subject matter of this underlying bill acted, would provide an unprecedented Let’s bring up the flood insurance re- that the minority has been granted a Federal statutory express recognition lief program and put this underlying motion to recommit, and that motion of and commitment to California’s bill back to committee where it be- to recommit is just as relevant as the State water rights priority system and longs, where many of these thorny underlying bill. issues can be worked out by Members area of origin protections. To speak to this issue, then, I yield 2 on both sides of the aisle and both sides Finally, to the argument that we minutes to the gentlewoman from Cali- of the State of California. cannot make it rain, there is not fornia. Pass the flood insurance. enough water to go around. Well, that Ms. WATERS. I thank the gentleman The SPEAKER pro tempore. The is true. One of the reasons is because in from Florida for allowing me to take time of the gentleman has expired. this third year of drought, we have some time to be on this floor to plead Mr. HASTINGS of Florida. I yield the dumped a total of 1.6 million acre-feet with my colleagues on the opposite gentleman an additional 30 seconds. of water into the Pacific Ocean that side of the aisle to join with us in sup- Mr. COURTNEY. Let’s pass this flood was desperately needed to support the port of our middle class citizens who insurance measure. In southeastern threatened human population of Cali- now have their homes at risk. Connecticut, coastal properties, again, fornia. Mr. Speaker, I plead with the oppo- if you talk to the Realtors, you talk to Mr. HASTINGS of Florida. Mr. site side of the aisle to join with what the bankers, these properties are lock- Speaker, I am very pleased at this time is a bipartisan piece of legislation, a bi- ing up because of the increase in flood to yield 11⁄2 minutes to the gentleman cameral piece of legislation, legislation insurance premiums. from Rhode Island (Mr. LANGEVIN), my that was passed out by the Senate that We can change that today, right now. good friend. would correct the unintended con- Get this bill to the President for signa- (Mr. LANGEVIN asked and was given sequences of the Biggert-Waters Act. ture. Let’s get this recovery moving. permission to revise and extend his re- Why am I so passionate about this? Let’s listen to the American people marks.) First of all, I was a coauthor of the who want to see bipartisan action that Mr. LANGEVIN. I thank the gen- Biggert-Waters Act. It was a bill that is focused on the number one issue fac- tleman for yielding. we got together on where we tried to ing this country, which is getting a Mr. Speaker, I rise to urge a ‘‘no’’ reduce the debt that we are confronted strong economic recovery. vote on the previous question so that with, providing assistance and sub- we may immediately consider H.R. b 1315 sidies to our homeowners. 3370, the Homeowner Flood Insurance Many of our homeowners, as you Mr. BISHOP of Utah. If the Speaker Affordability Act. know, across this country are put at would forgive me for trying to get us Mr. Speaker, communities in my risk. Their homes are destroyed back on the subject matter of the bill home State say, We cannot wait for re- through natural disasters. We have to in front of us, I yield 3 minutes to the lief from steep flood insurance rate in- be available to them through this kind gentleman from California (Mr. creases. Rhode Island families have of insurance program, the National MCCLINTOCK) to talk about the water told me that they are facing flood in- Flood Insurance Program. bill. surance rates upwards of $35,000, and So we have the Senate, we have Re- Mr. MCCLINTOCK. I thank the gen- they are scared of losing their homes. publicans, we have Democrats who tleman for yielding. If these rates fully go into effect, in have all joined in with us to do some- Mr. Speaker, the opposition has many cases, families are going to be thing very simple: delay this for a time erupted into a veritable Mount Vesu- paying more for flood insurance than period. Delay this for 4 years so we can vius of misinformation on the Cali- they are for their mortgage. Unless we get on FEMA, and FEMA can get it fornia water bill, and I would like to act, we could potentially see whole right. address a couple of the major points middle class neighborhoods wiped out FEMA messed up the Biggert-Waters that they have raised. because they will drown not because of bill. We said, You have to do an afford- This does not preempt State water a flood but because they will drown ability study. They did not do that. We rights. It specifically invokes and pro- under the weight of the cost of flood in- said, You have to get your mapping tects the water rights against infringe- surance. This is simply unconscionable. and your remapping right. They have ment by any bureaucracy—local, State, Implementing a delay in rate in- not done that. We said, Get a credible or Federal. This is a legitimate con- creases, Mr. Speaker, will give FEMA database. They have not done that. stitutional function of the Federal time to complete an affordability We have got to correct FEMA. There Government that dates back to the study and develop recommendations to is no reason why people should be hav- 14th Amendment, and it is made essen- help homeowners afford their pre- ing their premiums increased by 500

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.018 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1608 CONGRESSIONAL RECORD — HOUSE February 5, 2014 percent. This is wrong. We can do For this reason, I urge my colleagues to de- I have appreciated the tone and the something about it. Don’t stand in the feat the previous question so we can pass this tenor of today’s discussion and all the way of coming to the assistance of bipartisan, commonsense solution and provide words that have been said on all the American citizens who depend on us in much-needed relief for homeowners in South bills that are before us. their time of trouble. Florida and across America. We have the opportunity of making Mr. BISHOP of Utah. I reserve the Mr. BISHOP of Utah. I reserve the the desert bloom if we do things in the balance of my time. balance of my time. appropriate way. We have done it in Mr. HASTINGS of Florida. Mr. Mr. HASTINGS of Florida. Mr. the past. We can do it in the future. Speaker, I am very pleased to yield 1 Speaker, I am very pleased to yield 30 I recognize that most of the debate minute to the gentleman from Florida seconds to my good friend from Texas has been on the one bill in this par- (Mr. GARCIA) who is a dear personal (Mr. AL GREEN). ticular issue which deals with the issue friend of mine. He and I share concerns Mr. AL GREEN of Texas. I thank the of water in California. Totally ignored about issues related to Florida as well gentleman for yielding. was the other issue that is equally sig- as this Nation, as it pertains to flood Mr. Speaker, I will be very brief. nificant, especially to the 10 States insurance. There is great concern in the real es- that have an interest in that, dealing Mr. GARCIA. I would like to thank tate community. It is very difficult to with land policy. my colleague from Florida for yielding. acquire flood insurance at some of the You see, there is a role for govern- Mr. Speaker, I want to echo the prices that are being quoted. ment if government is efficient and ef- words of the previous speaker. Like the I think it is exceedingly important fective and compassionate and uses gentleman, though, I urge my col- that we adhere to the words of Ranking common sense. As I have worked with leagues to vote ‘‘no’’ on the previous Member WATERS: What is the rush? individuals, both on the ground from question so that we can take up a more Why not get the study? Why not do the Forest Service and the BLM, who important vote, so we can take up the that which we intended to do before we live in the communities and know strongly bipartisan Homeowner Flood arrived at this position in our history? those people, they are usually fair, effi- Insurance Affordability Act. My hope is that we will heed her cient, and effective people. They get it. During this Congress, we have spent words. far, far too much time on issues that But the further they ascend or are re- Mr. BISHOP of Utah. I reserve the moved from the people and go up into divide us rather than on bipartisan balance of my time. issues that unite us. The Homeowner the hierarchy of the administration, as Mr. HASTINGS of Florida. I yield they tend towards Washington, D.C., Flood Insurance Affordability Act is myself the balance of my time. just that kind of bipartisan legislation they tend to forget people and the im- Mr. Speaker, I am surprised that my portance of helping people, and they that should be at the top of the House’s friends across the aisle have failed to agenda. It would relieve homeowners of become hamstrung, as agencies, with a recognize the irony in bringing these blind obedience to policy and to regula- crushing premium rate increases, bills together to the floor at the same strengthen our housing market, and tion so that the agencies become ineffi- time. cient and ineffective. They lack com- support economic recovery. That is The California water bill is an ac- why this legislation has such strong bi- passion, and they are certainly devoid knowledgement of how important clean partisan support. of common sense. water is, while the public lands bill un- The Senate passed this bill by a 67–32 For example, we have one of the ti- margin. The House companion bill has dermines our ability keep that water tles here that deals with islands off the 182 cosponsors, including 56 Republican clean. It would be funny if it weren’t coast of Florida, in 1946, given to those cosponsors. the absolute truth of the matter. counties. They were told, as they had The SPEAKER pro tempore. The Finally, Mr. Speaker, meteorologists done that, that they could not sell the time of the gentleman has expired. are calling the high-pressure zone at land, they could only lease it, which Mr. HASTINGS of Florida. I yield the the root of the drought in California means that homeowners and businesses gentleman an additional 15 seconds. ‘‘the ridiculously resilient ridge.’’ In on this island that had been Federal Mr. GARCIA. Mr. Speaker, I ask that that spirit, one could say that the Re- property can now pay no property tax my colleagues join me in voting to publicans’ resistance to extending un- that helps the entire community to de- take up the Homeowner Flood Insur- employment insurance, fixing our fend not only those areas but also keep ance Affordability Act today. It just aging infrastructure, raising the debt the public lands open. It is an unfair can’t wait. It is time to make a dif- ceiling, fixing flood insurance, and situation. ference. For this reason, I urge my col- passing comprehensive immigration re- Now think of this: This is property leagues to defeat the previous question form is also a resilience worthy of the the Federal Government does not own, so we can take up this bipartisan legis- same adverb. they do not need, they do not use, and lation. I believe that it is time for Congress yet they still control, by policy, what Mr. Speaker, because of rising flood insur- to get serious about moving our coun- they are doing on that land which, I ance rates, people are literally walking away try forward. The motion to recommit am sorry, is a silly policy that simply from their homes. I recently heard from Robin is particularly relevant to all of us in hurts the people. and Derek, a South Florida couple whose this Nation as it pertains to flood in- landlord had increased their rent to cover the surance, and this underlying bill, as b 1330 property’s rising flood insurance rates. The the gentlewoman from California (Ms. We have the same thing across the rent increase made staying in their home too ESHOO) said earlier, is horrible. country in Alaska. In Anchorage, there expensive for Robin and Derek. Despite I ask unanimous consent, Mr. Speak- are 3 acres—3 measly acres—in the searching, they were unable to find another af- er, to insert the text of the amendment middle of the city, a city surrounded fordable house in the area. After nine years of in the RECORD along with extraneous by Federal land, and you have to come calling South Florida home, they were forced material immediately prior to the vote to Congress because the rules and pol- to leave Florida and move north to Pennsyl- on the previous question. icy of the administration—the agen- vania. The couple had to find new jobs in a The SPEAKER pro tempore. Is there cies—hurt people and lack common new town. Their young daughter had to be objection to the request of the gen- sense by denying Anchorage the ability pulled from her childhood home, her school, tleman from Florida? to use that land efficiently, as they and all of her friends. There was no objection. wish. Once again, this is land the Fed- Mr. Speaker, this is not right. I ask that my Mr. HASTINGS of Florida. Mr. eral Government does not own, they colleagues join me in recognizing that by vot- Speaker, I urge my colleagues to vote don’t need, and they don’t use, but ing to take up the Homeowners Flood Insur- ‘‘no’’ and defeat the previous question. they still control what the local gov- ance Affordability Act today. This can’t wait. I urge a ‘‘no’’ vote on the rule, and I ernment can do with that particular We have to act to protect hardworking Ameri- yield back the balance of my time. piece of property. cans from these exorbitant rate increases be- Mr. BISHOP of Utah. Mr. Speaker, I In Nevada, Fernley, Nevada, they are fore anyone else is forced to walk away from yield myself such time as I may con- willing to pay the government just to their home. sume. leave them alone. All the land they

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.019 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1609 want is within the city boundaries of I will take a simple example. The ple’s process. We find a situation where Fernley. Once again, in this case, the Forest Service had land in one of my the agencies, today, of our government Federal Government does not need this communities that they had owned for are inefficient, they are ineffective, property, and they don’t use this prop- 40 years and did not know they actu- and they lack compassion, which actu- erty. They simply insist on controlling ally had; and when the community ally hurts constituents, hurts people, it. What we need to do is simply get wanted to expand their cemetery and and they do not have common sense. them out of the way so we can help the did the title search, we finally found That is why this package is so impor- community to move forward. out this actually was Forest Service tant, and it is important to do it now It seems amazing that at many of our land. Needless to say, even though the to help people. land agencies we simply have a grid- locals wanted this land transferred and It is simply sad that we are in a situ- lock as we have a highly centralized they didn’t need it and they hadn’t ation where Congress has to push the bureaucracy that values power over the used it in decades, it still took 4 years agencies to do the right thing. We principle of actually helping people. If to try and get this Congress to actually should be better than that. We can do Congress has to be involved in moving authorize it to take place, and then the better than that, and that is what 3 acres in the middle of one commu- Forest Service still charged the com- these bills attempt to do. nity, that is a preposterous situation munity $6,000 to do the paperwork to Mr. Speaker, in closing, I want to re- which we find. transfer the land over. iterate that this rule is fair, it is ap- I recently read a book that dealt We have, in the middle of one of our propriate, as appropriate and as fair as with my church members living in National Guard units, BLM land that are the underlying measures that are Communist East Germany who had a they don’t need and they don’t use, and being presented to Congress in this very difficult time finding places in yet we are still trying to get them to rule. which they could build chapels so they transfer the land over to the State of The material previously referred to could worship. If they found an area, Utah so they can build needed infra- by Mr. HASTINGS of Florida is as fol- simply a vacant space, they had to find structure on a National Guard base lows: equivalent private property to give to that is still owned technically by the AN AMENDMENT TO H. RES. 472 OFFERED BY the state because the state government BLM. MR. HASTINGS OF FLORIDA in East Germany insisted there was no That is why we need to understand At the end of the resolution, add the fol- net loss of property by the state. What what this is. We have a simple system, lowing new sections: I find amazing is we in America, with but we have bureaucratic lethargy in See. 3. Immediately upon adoption of this these land agencies, have that exact this country. resolution the Speaker shall, pursuant to same philosophy: there can be no net We have a mountain lookout, a his- clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole loss of property to the government. torical site in Washington that was House on the state of the Union for consider- That means either we are wrong today historic before wilderness was created ation of the bill (H.R. 3370) to delay the im- or Communist East Germany was cor- in that particular area, and to try to plementation of certain provisions of the rect back then, and I really don’t think shore up that lookout so it doesn’t col- Biggert-Waters Flood Insurance Reform Act it is the latter. lapse, they were then sued by an agen- of 2012, and for other purposes. The first We have another piece of property in cy. And some judge back on the west reading of the bill shall be dispensed with. North Carolina. In 2007, the govern- coast decided you have to send heli- All points of order against consideration of ment came up with a management copters in there to tear it down be- the bill are waived. General debate shall be confined to the bill and shall not exceed one plan. It was agreed to by the commu- cause you couldn’t actually make hour equally divided and controlled by the nity, not happily, but they agreed to it. those kinds of improvements in a wil- chair and ranking minority member of the They did a biological survey and they derness area on a piece of property that Committee on Financial Services. After gen- found out that this plan does nothing is revered by that community and they eral debate the bill shall be considered for to impede or harm any of the species want to keep it there. Even the envi- amendment under the five-minute rule. All available at Cape Hatteras. Yet the ronmental community uses that as a points of order against provisions in the bill next year there was a lawsuit, and the staging point for their hikes and trails are waived. At the conclusion of consider- land agencies, instead of fighting for in that area. But this is a decision that ation of the bill for amendment the Com- mittee shall rise and report the bill to the what they knew was right and they had is silly, and we have to make that deci- House with such amendments as may have agreed to, caved, in a sue-and-settle sion by this summer to save that his- been adopted. The previous question shall be settlement, which harmed the people toric site. considered as ordered on the bill and amend- living in that area. It hurt those people In Yosemite National Park in Cali- ments thereto to final passage without inter- who were making their livelihood after fornia, a horrific fire destroyed both vening motion except one motion to recom- the tourism going to Cape Hatteras. public and private lands. We now look mit with or without instructions. If the Yes, in this case, the Federal Govern- at the fact that most of the private Committee of the Whole rises and reports ment owns the property and uses the lands are now 60 percent recovered. that it has come to no resolution on the bill, property, but their control of the prop- They have gone through to take out then on the next legislative day the House shall, immediately after the third daily erty is a total lack of common sense the dead wood and the dead timber. order of business under clause 1 of rule XIV, and a total lack of compassion and They are starting the reforestation resolve into the Committee of the Whole for hurts the people who live there. process. But on the public side of that further consideration of the bill. During the Clinton administration, land, we are still going through an Sec. 4. Clause 1(c) of rule XIX shall not the Clinton administration identified evaluation process that even under an apply to the consideration of H.R. 3370. land in the Federal Government con- expedited system simply means that it THE VOTE ON THE PREVIOUS QUESTION: WHAT IT trol that was not needed and that was will be until late summer before they REALLY MEANS useless. However, trying to find what can actually finish that, and then the This vote, the vote on whether to order the those lands are requires you to go to lawsuits get to start. previous question on a special rule, is not 150 different sites to look in 150 dif- Now, look, if you don’t remove that merely a procedural vote. A vote against or- ferent books. Why would they not put dering the previous question is a vote dead timber, that burned timber within against the Republican majority agenda and that on a computerized system so that a year, it is totally useless, and all it a vote to allow the Democratic minority to anyone can have access to it and there does is become infested and becomes a offer an alternative plan. It is a vote about is transparency in what we do and do source and a fuel for a future fire in a what the House should be debating. not have? Yet the agency simply says State that we have already heard is in Mr. Clarence Cannon’s Precedents of the that, even though that is a good idea, their third year of drought and des- House of Representatives (VI, 308–311), de- they are simply quite too busy to actu- perately needs the water for other scribes the vote on the previous question on ally accomplish that task. In a re- the rule as ‘‘a motion to direct or control the things rather than fighting a fire. consideration of the subject before the House sponse that makes the rollout of These bills in this section of land try being made by the Member in charge.’’ To ObamaCare look well-managed, why do and solve these problems so we finally defeat the previous question is to give the we need to understand where these force the agencies to do that which opposition a chance to decide the subject be- lands are? helps people instead of hindering peo- fore the House. Cannon cites the Speaker’s

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.022 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1610 CONGRESSIONAL RECORD — HOUSE February 5, 2014 ruling of January 13, 1920, to the effect that [Roll No. 36] Enyart Lewis Quigley ‘‘the refusal of the House to sustain the de- Eshoo Lipinski Rahall YEAS—226 mand for the previous question passes the Esty Loebsack Rangel Aderholt Graves (MO) Petri Farr Lofgren Richmond control of the resolution to the opposition’’ Fattah Lowenthal Roybal-Allard in order to offer an amendment. On March Amash Griffin (AR) Pittenger Bachmann Griffith (VA) Foster Lowey Ruiz 15, 1909, a member of the majority party of- Pitts Bachus Grimm Poe (TX) Frankel (FL) Lujan Grisham Ruppersberger fered a rule resolution. The House defeated Barletta Guthrie Pompeo Fudge (NM) Ryan (OH) ´ ´ the previous question and a member of the Barr Hall Posey Gabbard Lujan, Ben Ray Sanchez, Linda opposition rose to a parliamentary inquiry, Barton Hanna Price (GA) Gallego (NM) T. asking who was entitled to recognition. Benishek Harper Reed Garamendi Lynch Sanchez, Loretta Garcia Maffei Sarbanes Speaker Joseph G. Cannon (R–Illinois) said: Bentivolio Harris Reichert Bilirakis Hartzler Renacci Grayson Maloney, Schakowsky ‘‘The previous question having been refused, Green, Al Carolyn Bishop (UT) Hastings (WA) Ribble Schiff the gentleman from New York, Mr. Fitz- Green, Gene Maloney, Sean Schneider Black Heck (NV) Rice (SC) gerald, who had asked the gentleman to Grijalva Matheson Schrader Blackburn Hensarling Rigell Gutie´rrez Matsui Scott (VA) yield to him for an amendment, is entitled to Blumenauer Herrera Beutler Roby Hahn McCollum Scott, David the first recognition.’’ Boustany Holding Roe (TN) Hanabusa McDermott Serrano The Republican majority may say ‘‘the Brady (TX) Hudson Rogers (AL) Hastings (FL) McGovern Sewell (AL) Bridenstine Huelskamp Rogers (KY) vote on the previous question is simply a Heck (WA) McIntyre Shea-Porter Brooks (AL) Huizenga (MI) Rogers (MI) vote on whether to proceed to an immediate Higgins McNerney Sherman Brooks (IN) Hultgren Rohrabacher vote on adopting the resolution . . . [and] Himes Meeks Sinema Broun (GA) Hunter Rokita has no substantive legislative or policy im- Hinojosa Meng Sires Buchanan Hurt Rooney Holt Michaud Slaughter plications whatsoever.’’ But that is not what Bucshon Issa Ros-Lehtinen they have always said. Listen to the Repub- Burgess Jenkins Honda Miller, George Smith (WA) Roskam Horsford Moore Speier lican Leadership Manual on the Legislative Byrne Johnson (OH) Ross Calvert Johnson, Sam Hoyer Moran Swalwell (CA) Process in the United States House of Rep- Rothfus Huffman Murphy (FL) Takano resentatives, (6th edition, page 135). Here’s Camp Jordan Royce Campbell Joyce Israel Nadler Thompson (CA) how the Republicans describe the previous Runyan Jackson Lee Napolitano Thompson (MS) Cantor Kelly (PA) Ryan (WI) question vote in their own manual: ‘‘Al- Capito King (IA) Jeffries Neal Tierney though it is generally not possible to amend Salmon Johnson (GA) Negrete McLeod Titus Carter King (NY) Sanford Chabot Kingston Johnson, E. B. Nolan Tonko the rule because the majority Member con- Scalise Coble Kinzinger (IL) Jones O’Rourke Tsongas trolling the time will not yield for the pur- Schock Coffman Kline Kaptur Owens Van Hollen pose of offering an amendment, the same re- Schweikert Cole Labrador Keating Pallone Vargas sult may be achieved by voting down the pre- Scott, Austin Collins (GA) LaMalfa Kelly (IL) Pascrell Veasey Sensenbrenner vious question on the rule . . . When the mo- Collins (NY) Lamborn Kennedy Pastor (AZ) Vela Sessions tion for the previous question is defeated, Conaway Lance Kildee Payne Vela´ zquez Shimkus control of the time passes to the Member Cook Lankford Kilmer Pelosi Visclosky Shuster who led the opposition to ordering the pre- Costa Latham Kind Perlmutter Walz Simpson Cotton Latta Kirkpatrick Peters (CA) Wasserman vious question. That Member, because he Smith (MO) Cramer LoBiondo Kuster Peters (MI) Schultz then controls the time, may offer an amend- Smith (NE) Langevin Peterson Waters ment to the rule, or yield for the purpose of Crawford Long Crenshaw Lucas Smith (NJ) Larsen (WA) Pingree (ME) Waxman amendment.’’ Culberson Luetkemeyer Smith (TX) Larson (CT) Pocan Welch In Deschler’s Procedure in the U.S. House Daines Lummis Southerland Lee (CA) Polis Wilson (FL) of Representatives, the subchapter titled Davis, Rodney Marchant Stewart Levin Price (NC) Yarmuth Stivers ‘‘Amending Special Rules’’ states: ‘‘a refusal Denham Marino NOT VOTING—9 Dent Massie Stockman to order the previous question on such a rule Stutzman [a special rule reported from the Committee DeSantis McAllister Amodei Fincher Miller, Gary Terry Castro (TX) Gosar Rush on Rules] opens the resolution to amend- DesJarlais McCarthy (CA) Diaz-Balart McCaul Thompson (PA) Chaffetz McCarthy (NY) Schwartz ment and further debate.’’ (Chapter 21, sec- Duffy McClintock Thornberry tion 21.2) Section 21.3 continues: ‘‘Upon re- Duncan (SC) McHenry Tiberi b 1405 jection of the motion for the previous ques- Tipton Duncan (TN) McKeon Messrs. FARR and DANNY K. DAVIS tion on a resolution reported from the Com- Ellmers McKinley Turner mittee on Rules, control shifts to the Mem- Farenthold McMorris Upton of Illinois changed their vote from Fitzpatrick Rodgers Valadao ‘‘yea’’ to ‘‘nay.’’ ber leading the opposition to the previous Wagner question, who may offer a proper amendment Fleischmann Meadows Mrs. MILLER of Michigan and Mr. Fleming Meehan Walberg or motion and who controls the time for de- Flores Messer Walden BLUMENAUER changed their vote bate thereon.’’ Forbes Mica Walorski from ‘‘nay’’ to ‘‘yea.’’ Clearly, the vote on the previous question Fortenberry Miller (FL) Weber (TX) So the previous question was ordered. on a rule does have substantive policy impli- Foxx Miller (MI) Webster (FL) Franks (AZ) Mullin Wenstrup The result of the vote was announced cations. It is one of the only available tools as above recorded. for those who oppose the Republican major- Frelinghuysen Mulvaney Westmoreland Gardner Murphy (PA) Whitfield ity’s agenda and allows those with alter- The SPEAKER pro tempore. The Garrett Neugebauer Williams question is on the resolution. native views the opportunity to offer an al- Gerlach Noem Wilson (SC) ternative plan. Gibbs Nugent Wittman The question was taken; and the Mr. BISHOP of Utah. I yield back the Gibson Nunes Wolf Speaker pro tempore announced that Gingrey (GA) Nunnelee Womack the ayes appeared to have it. balance of my time, and I move the Gohmert Olson Woodall previous question on the resolution. Goodlatte Palazzo Yoder RECORDED VOTE The SPEAKER pro tempore. The Gowdy Paulsen Yoho Mr. HASTINGS of Florida. Mr. Granger Pearce Young (AK) Speaker, I demand a recorded vote. question is on ordering the previous Graves (GA) Perry Young (IN) question. A recorded vote was ordered. The question was taken; and the NAYS—196 The SPEAKER pro tempore. This is a Speaker pro tempore announced that Andrews Ca´ rdenas Crowley 5-minute vote. the ayes appeared to have it. Barber Carney Cuellar The vote was taken by electronic de- Barrow (GA) Carson (IN) Cummings vice, and there were—ayes 229, noes 190, Mr. HASTINGS of Florida. Mr. Bass Cartwright Davis (CA) Speaker, on that I demand the yeas Beatty Cassidy Davis, Danny not voting 12, as follows: and nays. Becerra Castor (FL) DeFazio [Roll No. 37] Bera (CA) Chu DeGette The yeas and nays were ordered. Bishop (GA) Cicilline Delaney AYES—229 The SPEAKER pro tempore. Pursu- Bishop (NY) Clark (MA) DeLauro Aderholt Bishop (UT) Bucshon ant to clause 9 of rule XX, the Chair Bonamici Clarke (NY) DelBene Amash Black Burgess will reduce to 5 minutes the minimum Brady (PA) Clay Deutch Bachmann Blackburn Byrne Braley (IA) Cleaver Dingell Bachus Boustany Calvert time for any electronic vote on the Brown (FL) Clyburn Doggett Barletta Brady (TX) Camp question of adoption of the resolution. Brownley (CA) Cohen Doyle Barr Bridenstine Campbell The vote was taken by electronic de- Bustos Connolly Duckworth Barton Brooks (AL) Cantor Butterfield Conyers Edwards Benishek Brooks (IN) Capito vice, and there were—yeas 226, nays Capps Cooper Ellison Bentivolio Broun (GA) Carter 196, not voting 9, as follows: Capuano Courtney Engel Bilirakis Buchanan Cassidy

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.005 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1611 Chabot Hurt Renacci Kennedy Moore Schneider Amendment No. 6 by Mr. DEFAZIO of Coble Issa Ribble Kildee Moran Schrader Oregon. Coffman Jenkins Rice (SC) Kilmer Murphy (FL) Scott (VA) Cole Johnson (OH) Rigell Kind Nadler Scott, David Amendment No. 10 by Mr. HOLT of Collins (GA) Johnson, Sam Roby Kuster Napolitano Serrano New Jersey. Collins (NY) Jones Roe (TN) Langevin Neal Sewell (AL) The Chair will reduce to 2 minutes Conaway Jordan Rogers (AL) Larsen (WA) Negrete McLeod Shea-Porter Cook Joyce Rogers (KY) Larson (CT) Nolan Sherman the minimum time for each electronic Costa Kelly (PA) Rogers (MI) Lee (CA) O’Rourke Sinema vote in this series. Cotton King (IA) Levin Owens Sires Rohrabacher AMENDMENT NO. 6 OFFERED BY MR. DEFAZIO Cramer King (NY) Rokita Lewis Pallone Slaughter Crawford Kingston Rooney Lipinski Pascrell Smith (WA) The Acting CHAIR. The unfinished Crenshaw Kinzinger (IL) Ros-Lehtinen Loebsack Pastor (AZ) Speier business is the demand for a recorded Lofgren Payne Swalwell (CA) Culberson Kirkpatrick Roskam vote on the amendment offered by the Daines Kline Ross Lowenthal Pelosi Takano Davis, Rodney Labrador Rothfus Lowey Perlmutter Thompson (CA) gentleman from Oregon (Mr. DEFAZIO) Denham LaMalfa Royce Lujan Grisham Peters (CA) Thompson (MS) on which further proceedings were Dent Lamborn Runyan (NM) Peters (MI) Tierney postponed and on which the noes pre- DeSantis Lance Luja´ n, Ben Ray Pocan Titus Ryan (WI) vailed by voice vote. DesJarlais Lankford Salmon (NM) Polis Tonko Diaz-Balart Latham Sanford Lynch Price (NC) Tsongas The Clerk will redesignate the Duffy Latta Scalise Maffei Quigley Van Hollen amendment. Maloney, Rahall Vargas Duncan (SC) LoBiondo Schock Carolyn Rangel Veasey The Clerk redesignated the amend- Duncan (TN) Long Schweikert Maloney, Sean Richmond Vela Ellmers Lucas Scott, Austin ment. Farenthold Luetkemeyer Matheson Roybal-Allard Vela´ zquez Sensenbrenner Fincher Lummis Matsui Ruiz Visclosky RECORDED VOTE Sessions Fitzpatrick Marchant McCollum Ruppersberger Walz Shimkus The Acting CHAIR. A recorded vote Fleischmann Marino McDermott Ryan (OH) Wasserman Shuster has been demanded. Fleming Massie McGovern Sa´ nchez, Linda Schultz Simpson Flores McAllister McIntyre T. Waters A recorded vote was ordered. Smith (MO) Forbes McCarthy (CA) McNerney Sanchez, Loretta Waxman Smith (NE) The Acting CHAIR. This will be a 2- Fortenberry McCaul Meeks Sarbanes Welch Smith (NJ) minute vote. Foxx McClintock Michaud Schakowsky Wilson (FL) Smith (TX) Franks (AZ) McHenry Miller, George Schiff Yarmuth The vote was taken by electronic de- Southerland Frelinghuysen McKeon vice, and there were—ayes 185, noes 237, Stewart NOT VOTING—12 Gardner McKinley not voting 9, as follows: Garrett McMorris Stivers Amodei Gosar Nugent Gerlach Rodgers Stockman Castro (TX) McCarthy (NY) Pingree (ME) [Roll No. 38] Stutzman Gibbs Meadows Chaffetz Meng Rush AYES—185 Gibson Meehan Terry Cohen Miller, Gary Schwartz Gingrey (GA) Messer Thompson (PA) Andrews Garamendi Meng Gohmert Mica Thornberry b 1413 Barber Garcia Michaud Goodlatte Miller (FL) Tiberi Bass Grayson Miller, George Tipton So the resolution was agreed to. Beatty Green, Al Moore Gowdy Miller (MI) The result of the vote was announced Granger Mullin Turner Becerra Green, Gene Moran Graves (GA) Mulvaney Upton as above recorded. Bera (CA) Grijalva Murphy (FL) ´ Graves (MO) Murphy (PA) Valadao A motion to reconsider was laid on Bishop (NY) Gutierrez Nadler Griffin (AR) Neugebauer Wagner the table. Blumenauer Hahn Napolitano Griffith (VA) Noem Walberg Bonamici Hanabusa Neal Grimm Nunes Walden f Brady (PA) Hastings (FL) Negrete McLeod Walorski Braley (IA) Heck (WA) Nolan Guthrie Nunnelee SPORTSMEN’S HERITAGE AND Hall Olson Weber (TX) Brown (FL) Higgins O’Rourke Hanna Palazzo Webster (FL) RECREATIONAL ENHANCEMENT Brownley (CA) Himes Pallone Harper Paulsen Wenstrup ACT OF 2013 Butterfield Hinojosa Pascrell Harris Pearce Westmoreland Capps Holt Pastor (AZ) Hartzler Perry Whitfield The SPEAKER pro tempore. Pursu- Capuano Honda Payne ´ Hastings (WA) Peterson Williams ant to House Resolution 470 and rule Cardenas Horsford Pelosi Heck (NV) Petri Wilson (SC) XVIII, the Chair declares the House in Carney Hoyer Perlmutter Hensarling Pittenger Wittman Carson (IN) Huffman Peters (CA) Herrera Beutler Pitts Wolf the Committee of the Whole House on Cartwright Israel Peters (MI) Holding Poe (TX) Womack the state of the Union for the further Castor (FL) Jackson Lee Pingree (ME) Hudson Pompeo Woodall consideration of the bill, H.R. 3590. Chu Jeffries Pocan Huelskamp Posey Yoder Will the gentlewoman from Florida Cicilline Johnson (GA) Polis Huizenga (MI) Price (GA) Yoho Clark (MA) Johnson, E. B. Price (NC) Hultgren Reed Young (AK) (Ms. ROS-LEHTINEN) kindly take the Clarke (NY) Kaptur Quigley Hunter Reichert Young (IN) chair. Clay Keating Rangel Cleaver Kelly (IL) Richmond 1415 Clyburn Kennedy Roybal-Allard NOES—190 b Cohen Kildee Ruiz Andrews Clyburn Fudge IN THE COMMITTEE OF THE WHOLE Connolly Kilmer Ruppersberger Barber Connolly Gabbard Accordingly, the House resolved Conyers Kind Salmon Barrow (GA) Conyers Gallego itself into the Committee of the Whole Cooper Kuster Sa´ nchez, Linda Bass Cooper Garamendi House on the state of the Union for the Courtney Langevin T. Beatty Courtney Garcia Crowley Larsen (WA) Sanchez, Loretta Becerra Crowley Grayson further consideration of the bill (H.R. Cummings Larson (CT) Sarbanes Bera (CA) Cuellar Green, Al 3590) to protect and enhance opportuni- Davis (CA) Lee (CA) Schakowsky Bishop (GA) Cummings Green, Gene ties for recreational hunting, fishing, Davis, Danny Levin Schiff Bishop (NY) Davis (CA) Grijalva DeFazio Lewis Schneider Blumenauer Davis, Danny Gutie´rrez and shooting, and for other purposes, DeGette Lipinski Scott (VA) Bonamici DeFazio Hahn with Ms. ROS-LEHTINEN (Acting Chair) Delaney Loebsack Scott, David Brady (PA) DeGette Hanabusa in the chair. DeLauro Lofgren Serrano Braley (IA) Delaney Hastings (FL) The Clerk read the title of the bill. DelBene Lowenthal Sewell (AL) Brown (FL) DeLauro Heck (WA) The Acting CHAIR. When the Com- Deutch Lowey Shea-Porter Brownley (CA) DelBene Higgins Dingell Lujan Grisham Sherman Bustos Deutch Himes mittee of the Whole rose on Tuesday, Doggett (NM) Sinema Butterfield Dingell Hinojosa February 4, 2013, amendment No. 11 Doyle Luja´ n, Ben Ray Sires Capps Doggett Holt printed in House Report 113–339, offered Duckworth (NM) Slaughter Capuano Doyle Honda Duffy Lynch Smith (WA) Ca´ rdenas Duckworth Horsford by the gentleman from Colorado (Mr. Edwards Maffei Speier Carney Edwards Hoyer POLIS), had been disposed of. Ellison Maloney, Stewart Carson (IN) Ellison Huffman ANNOUNCEMENT BY THE ACTING CHAIR Engel Carolyn Swalwell (CA) Cartwright Engel Israel Eshoo Maloney, Sean Takano Castor (FL) Enyart Jackson Lee The Acting CHAIR. Pursuant to Esty Matsui Thompson (CA) Chu Eshoo Jeffries clause 6 of rule XVIII, proceedings will Fattah McCaul Thompson (MS) Cicilline Esty Johnson (GA) now resume on those amendments Foster McCollum Tierney Clark (MA) Farr Johnson, E. B. printed in House Report 113–339 on Frankel (FL) McDermott Titus Clarke (NY) Fattah Kaptur Fudge McGovern Tonko Clay Foster Keating which further proceedings were post- Gabbard McNerney Tsongas Cleaver Frankel (FL) Kelly (IL) poned, in the following order: Gallego Meeks Valadao

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.007 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1612 CONGRESSIONAL RECORD — HOUSE February 5, 2014 Van Hollen Visclosky Welch Mr. WOODALL. Mr. Chair, On rollcall No. NOES—242 Vargas Wasserman Wilson (FL) 38, I was unavoidably detained (the DeFazio Aderholt Graves (GA) Perry Veasey Schultz Yarmuth Amash Vela Waters Amendment No. 6). Had I been present, I Graves (MO) Peterson Bachmann Vela´ zquez Waxman Griffin (AR) Petri would have voted ‘‘no.’’ Bachus Griffith (VA) Pittenger NOES—237 AMENDMENT NO. 10 OFFERED BY MR. HOLT Barletta Grimm Pitts Barr Guthrie Poe (TX) Aderholt Granger Pearce The Acting CHAIR. The unfinished Barrow (GA) Hall Pompeo Amash Graves (GA) Perry business is the demand for a recorded Barton Hanna Posey Bachmann Graves (MO) Peterson vote on the amendment offered by the Benishek Harper Price (GA) Bachus Griffin (AR) Petri Bentivolio Harris Rahall Barletta Griffith (VA) Pittenger gentleman from New Jersey (Mr. HOLT) Bilirakis Hartzler Reed Barr Grimm Pitts on which further proceedings were Bishop (GA) Hastings (WA) Reichert Barrow (GA) Guthrie Poe (TX) Bishop (UT) Heck (NV) Renacci Barton Hall postponed and on which the noes pre- Pompeo vailed by voice vote. Black Hensarling Ribble Benishek Hanna Posey Blackburn Herrera Beutler Rice (SC) Bentivolio Harper Price (GA) The Clerk will redesignate the Boustany Holding Rigell Bilirakis Harris Rahall amendment. Brady (TX) Hudson Roby Bishop (GA) Hartzler Reed Bridenstine Huelskamp Roe (TN) Bishop (UT) Hastings (WA) Reichert The Clerk redesignated the amend- Brooks (AL) Huizenga (MI) Rogers (AL) Black Heck (NV) Renacci ment. Brooks (IN) Hultgren Rogers (KY) Blackburn Hensarling Ribble Broun (GA) Hunter Rogers (MI) Boustany Herrera Beutler RECORDED VOTE Rice (SC) Buchanan Hurt Rohrabacher Brady (TX) Holding Rigell The Acting CHAIR. A recorded vote Bucshon Issa Rokita Bridenstine Hudson Roby Burgess Jenkins Rooney Brooks (AL) Huelskamp has been demanded. Roe (TN) Bustos Johnson (OH) Ros-Lehtinen Brooks (IN) Huizenga (MI) Rogers (AL) A recorded vote was ordered. Byrne Johnson, Sam Roskam Broun (GA) Hultgren Calvert Jones Ross Buchanan Hunter Rogers (KY) The Acting CHAIR. This will be a 2- Rogers (MI) Camp Jordan Rothfus Bucshon Hurt minute vote. Campbell Joyce Royce Burgess Issa Rohrabacher Rokita The vote was taken by electronic de- Cantor Kelly (PA) Runyan Bustos Jenkins Capito King (IA) Ryan (OH) Byrne Johnson (OH) Rooney vice, and there were—ayes 181, noes 242, Ros-Lehtinen Carter King (NY) Ryan (WI) Calvert Johnson, Sam not voting 8, as follows: Cassidy Kingston Salmon Camp Jones Roskam Ross [Roll No. 39] Chabot Kinzinger (IL) Sanford Campbell Jordan Coble Kirkpatrick Rothfus Scalise Cantor Joyce AYES—181 Coffman Kline Schock Capito Kelly (PA) Royce Andrews Green, Al Napolitano Cole Labrador Schrader Carter King (IA) Runyan Barber Green, Gene Neal Collins (GA) LaMalfa Schweikert Cassidy King (NY) Ryan (OH) Bass Grijalva Negrete McLeod Collins (NY) Lamborn Scott, Austin Chabot Kingston Ryan (WI) Beatty Gutie´rrez Nolan Conaway Lance Sensenbrenner Coble Kinzinger (IL) Sanford Becerra Hahn O’Rourke Cook Lankford Sessions Coffman Kirkpatrick Scalise Bera (CA) Hanabusa Pallone Cotton Latham Shimkus Cole Kline Schock Bishop (NY) Hastings (FL) Pascrell Cramer Latta Shuster Collins (GA) Labrador Schrader Blumenauer Heck (WA) Pastor (AZ) Crawford LoBiondo Simpson Collins (NY) LaMalfa Schweikert Bonamici Higgins Payne Crenshaw Long Smith (MO) Conaway Lamborn Scott, Austin Brady (PA) Himes Pelosi Cuellar Lucas Smith (NE) Cook Lance Sensenbrenner Braley (IA) Hinojosa Perlmutter Culberson Luetkemeyer Smith (NJ) Costa Lankford Sessions Brown (FL) Holt Peters (CA) Daines Lummis Smith (TX) Cotton Latham Shimkus Brownley (CA) Honda Peters (MI) Davis, Rodney Marchant Southerland Cramer Latta Shuster Butterfield Horsford Pingree (ME) Denham Marino Stewart Crawford LoBiondo Simpson Capps Hoyer Pocan Dent Massie Stivers Crenshaw Long Smith (MO) Capuano Huffman Polis DeSantis Matheson Stockman Cuellar Lucas Smith (NE) Ca´ rdenas Israel Price (NC) DesJarlais McAllister Stutzman Culberson Luetkemeyer Smith (NJ) Carney Jackson Lee Quigley Diaz-Balart McCarthy (CA) Terry Daines Lummis Smith (TX) Carson (IN) Jeffries Rangel Duffy McCaul Thompson (PA) Davis, Rodney Marchant Southerland Cartwright Johnson (GA) Richmond Duncan (SC) McClintock Thornberry Denham Marino Stivers Castor (FL) Johnson, E. B. Roybal-Allard Duncan (TN) McHenry Tiberi Dent Massie Stockman Chu Kaptur Ruiz Ellmers McIntyre Tipton DeSantis Matheson Stutzman Cicilline Keating Ruppersberger Enyart McKeon Turner DesJarlais McAllister Terry Clark (MA) Kelly (IL) Sa´ nchez, Linda Farenthold McKinley Upton Diaz-Balart McCarthy (CA) Thompson (PA) Clarke (NY) Kennedy T. Fincher McMorris Valadao Duncan (SC) McClintock Thornberry Clay Kildee Sanchez, Loretta Fitzpatrick Rodgers Wagner Duncan (TN) McHenry Cleaver Kilmer Sarbanes Fleischmann Meadows Walberg Ellmers McIntyre Tiberi Clyburn Kind Schakowsky Fleming Meehan Walden Enyart McKeon Tipton Cohen Kuster Schiff Flores Messer Walorski Farenthold McKinley Turner Connolly Langevin Schneider Forbes Mica Walz Farr McMorris Upton Conyers Larsen (WA) Scott (VA) Fortenberry Miller (FL) Weber (TX) Fincher Rodgers Wagner Cooper Larson (CT) Scott, David Foxx Miller (MI) Webster (FL) Fitzpatrick Meadows Walberg Costa Lee (CA) Serrano Franks (AZ) Mullin Wenstrup Fleischmann Meehan Walden Courtney Levin Sewell (AL) Frelinghuysen Mulvaney Westmoreland Fleming Messer Walorski Crowley Lewis Shea-Porter Gallego Murphy (PA) Whitfield Flores Mica Walz Cummings Lipinski Sherman Gardner Neugebauer Williams Forbes Miller (FL) Weber (TX) Davis (CA) Loebsack Sinema Garrett Noem Wilson (SC) Fortenberry Miller (MI) Webster (FL) Davis, Danny Lofgren Sires Gerlach Nugent Wittman Foxx Mullin Wenstrup DeFazio Lowenthal Slaughter Gibbs Nunes Wolf Franks (AZ) Mulvaney Westmoreland DeGette Lowey Smith (WA) Gibson Nunnelee Womack Frelinghuysen Murphy (PA) Whitfield Delaney Lujan Grisham Speier Gingrey (GA) Olson Woodall Gardner Neugebauer Williams DeLauro (NM) Swalwell (CA) Gohmert Owens Yoder Garrett Noem Wilson (SC) DelBene Luja´ n, Ben Ray Takano Goodlatte Palazzo Yoho Gerlach Nugent Wittman Deutch (NM) Thompson (CA) Gowdy Paulsen Young (AK) Gibbs Nunes Wolf Dingell Lynch Thompson (MS) Granger Pearce Young (IN) Gibson Nunnelee Womack Doggett Maffei Tierney Gingrey (GA) Olson Yoder NOT VOTING—8 Doyle Maloney, Titus Gohmert Owens Yoho Duckworth Carolyn Tonko Amodei Gosar Rush Goodlatte Palazzo Young (AK) Edwards Maloney, Sean Tsongas Castro (TX) McCarthy (NY) Schwartz Gowdy Paulsen Young (IN) Ellison Matsui Van Hollen Chaffetz Miller, Gary NOT VOTING—9 Engel McCollum Vargas Eshoo McDermott Veasey b 1426 Amodei Gosar Rush Esty McGovern Vela Ms. SINEMA changed her vote from Castro (TX) McCarthy (NY) Schwartz Farr McNerney Vela´ zquez Chaffetz Miller, Gary Woodall Fattah Meeks Visclosky ‘‘no’’ to ‘‘aye.’’ Foster Meng Wasserman So the amendment was rejected. The result of the vote was announced b 1419 Frankel (FL) Michaud Schultz Fudge Miller, George Waters as above recorded. So the amendment was rejected. Gabbard Moore Waxman The Acting CHAIR. There being no Garamendi Moran Welch The result of the vote was announced Garcia Murphy (FL) Wilson (FL) further amendments, under the rule, as above recorded. Grayson Nadler Yarmuth the Committee rises.

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.008 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1613 Accordingly, the Committee rose; unanimous consent that the reading be my district, supplying it to millions of and the Speaker pro tempore (Mr. dispensed with. people every day. If this spill on the LATHAM) having assumed the chair, Ms. The SPEAKER pro tempore. Is there Elk River had happened on the Hudson ROS-LEHTINEN, Acting Chair of the objection to the request of the gen- River, we would be talking about a dif- Committee of the Whole House on the tleman from Washington? ferent problem in the order of mag- state of the Union, reported that that There was no objection. nitude that would affect millions and Committee, having had under consider- The SPEAKER pro tempore. The gen- millions of people. ation the bill (H.R. 3590) to protect and tleman is recognized for 5 minutes. Have we lost so much faith in our- enhance opportunities for recreational Mr. SEAN PATRICK MALONEY of selves acting together that we can’t hunting, fishing, and shooting, and for New York. Mr. Speaker, this is the protect the American people from this other purposes, and, pursuant to House final amendment to the bill. If adopted, kind of toxic spill? If this House isn’t Resolution 470, she reported the bill it won’t kill the bill. If adopted, the doing this and if we aren’t protecting a back to the House with sundry amend- bill will proceed to final passage imme- mom or dad trying to give baby for- ments adopted in the Committee of the diately, as amended. mula to their child, what are we doing Whole. Mr. Speaker, I agree with many of here? The SPEAKER pro tempore. Under those on the other side on much of the Again, I join many of you in sup- the rule, the previous question is or- underlying bill. Let’s open our public porting the underlying emphasis of this dered. lands to recreational hunting, fishing, bill. Let’s get government out of the Is a separate vote demanded on any and shooting. Let’s make it easier to way for our hunters, anglers, and amendment reported from the Com- maintain public shooting ranges. No sportsmen. A dad should be able to mittee of the Whole? If not, the Chair argument from me. But we can and share that first marksmanship experi- will put them en gros. should make this bill better, and my ence with his son or daughter, like my The amendments were agreed to. amendment will do just that. dad did with me and my brothers. The SPEAKER pro tempore. The Preserving our public lands and com- To preserve these freedoms, govern- question is on the engrossment and mon spaces also means investing in the ment needs to get out of the way at third reading of the bill. critical infrastructure that allows us times, but surely it must also protect The bill was ordered to be engrossed to bring our families there safely. That us at times from those who would de- and read a third time, and was read the is why the bipartisan SAFE Bridges stroy these treasures for profit. third time. Act should be in this bill to ensure that It was Teddy Roosevelt, after all, b 1430 our Nation’s highways and bridges are who said: safe. Here is your country. Cherish these nat- MOTION TO RECOMMIT ural wonders, cherish the natural resources, Mr. SEAN PATRICK MALONEY of But the biggest omission in this bill is the failure to protect our citizens cherish the history and romance as a sacred New York. Mr. Speaker, I have a mo- heritage, for your children and your chil- tion to recommit at the desk. from toxic spills that would threaten our water supplies. dren’s children. Do not let selfish men or The SPEAKER pro tempore. Is the greedy interests skin your country of its gentleman opposed to the bill? A few weeks ago, we all woke up to beauty, its riches or its romance. learn that 300,000 people in West Vir- Mr. SEAN PATRICK MALONEY of If we really want to protect the na- ginia couldn’t drink their water. A New York. In its current form, I am. tional beauty of our country, it starts mother trying to put her child in the The SPEAKER pro tempore. The with protecting something as funda- bathtub couldn’t turn on the faucet. A Clerk will report the motion to recom- mental as our water. father mixing baby formula for an in- mit. Mr. Speaker, if we don’t do this, we fant couldn’t trust what came out of The Clerk read as follows: are doing nothing, and if those on the the tap. Mr. Sean Patrick Maloney of New York other side will not use that gavel in For more than a week, families moves to recommit the bill H.R. 3590 to the this House to protect the American Committee on Natural Resources with in- couldn’t do things that each of us do people, then some of us on this side structions to report the same back to the every day. Hundreds were hospitalized. would like to borrow it for a while—be- House forthwith, with the following amend- Because businesses had to lock their cause we will. ment: doors, even people making the meager Page 3, after line 24, insert the following: I yield back the balance of my time. Federal minimum wage of $7.25 SEC. 103. PROTECTING WATER SUPPLY FOR PUB- Mr. HASTINGS of Washington. Mr. LIC RECREATION AND SAFE DRINK- couldn’t go to work. Businesses were Speaker, I rise in opposition to the mo- ING. shut down, and they couldn’t provide tion to recommit. Section 4 of the Toxic Substances Control for their families. Act (15 U.S.C. 2603) is amended by adding at The SPEAKER pro tempore. The gen- Schools shut down. Anxious and wor- tleman is recognized for 5 minutes. the end the following: ried residents by the thousands lined ‘‘(h) PROTECTING WATER SUPPLY FOR PUB- Mr. HASTINGS of Washington. Mr. LIC RECREATION AND SAFE DRINKING.—Not up every day for National Guard troops Speaker, I probably said this before, later than one year after the enactment of to supply them with safe water. but I will say it again: this subsection, any manufacturer or proc- This happened right here in America, Here we go again. essor of a chemical or mixture that has the and not in some foreign country. It The underlying bill before us is a bi- potential to contaminate water supplies used happened for a reason. It happened be- partisan bill, with bipartisan sponsors for public recreation or drinking water pro- cause one greedy operator thought it from the Sportsmen’s Caucus, to allow vided by a public water system shall gen- made sense not to inspect and main- access to our public lands for people to erate and provide to regulatory agencies tain a storage tank with thousands of data sufficient to understand the risks such enjoy hunting and fishing. That is chemical or mixture would present to human gallons of a toxic chemical right next what the underlying bill is. health and the environment as appropriate, to the water supply. Furthermore, during the debate on including studies of the chemical or mix- You can’t tell me that the free mar- the bill and its amendments yesterday, ture’s cancer-causing effects, reproductive ket took care of that problem. Tell we adopted some three or four Demo- toxicity and neurotoxicity. Exposing the that to the hundreds of thousands of crat amendments because they added public or the environment to such chemical West Virginians who can’t drink their to the bill. This is a bipartisan bill. or mixture without generating such studies water. So what happens in a motion to re- shall be considered a prohibited act under Mr. Speaker, my amendment ensures commit? Here we go again. this Act.’’. At the end of the bill, add the following: companies making chemicals with the The essence of this motion to recom- SEC. 805. JOBS TO REBUILD AMERICA. potential to contaminate water sup- mit would be to broadly expand the Subject to appropriations, the text of H.R. plies are simply required to report the powers of the Environmental Protec- 2428, as introduced on June 19, 2013, (the hazards of these chemicals. It is pretty tion Agency. ‘‘SAFE Bridges Act’’), is hereby enacted into simple. I urge my colleagues to vote ‘‘no’’ on law. In my neck of the woods, the New the MTR and ‘‘yes’’ on the underlying Mr. HASTINGS of Washington (dur- York City watershed delivers approxi- bill, and I yield back the balance of my ing the reading). Mr. Speaker, I ask mately 1.4 billion gallons of water to time.

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.033 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1614 CONGRESSIONAL RECORD — HOUSE February 5, 2014 The SPEAKER pro tempore. Without NOES—231 The question was taken; and the objection, the previous question is or- Aderholt Graves (GA) Pittenger Speaker pro tempore announced that dered on the motion to recommit. Amash Graves (MO) Pitts the ayes appeared to have it. Bachmann Griffith (VA) Poe (TX) Mr. HASTINGS of Washington. Mr. There was no objection. Bachus Grimm Pompeo The SPEAKER pro tempore. The Barletta Guthrie Posey Speaker, on that I demand the yeas question is on the motion to recommit. Barr Hall Price (GA) and nays. Barrow (GA) Hanna Reed The yeas and nays were ordered. Barton Harper The question was taken; and the Reichert The SPEAKER pro tempore. This Speaker pro tempore announced that Benishek Harris Renacci Bentivolio Hartzler will be a 5-minute vote. the noes appeared to have it. Ribble Bilirakis Hastings (WA) Rice (SC) The vote was taken by electronic de- RECORDED VOTE Bishop (GA) Heck (NV) Rigell Bishop (UT) Hensarling vice, and there were—yeas 268, nays Roby 154, not voting 9, as follows: Mr. SEAN PATRICK MALONEY of Black Herrera Beutler Roe (TN) New York. Mr. Speaker, I demand a re- Blackburn Holding Rogers (AL) [Roll No. 41] Boustany Hudson Rogers (KY) corded vote. Brady (TX) Huelskamp YEAS—268 Rogers (MI) Bridenstine Huizenga (MI) A recorded vote was ordered. Rohrabacher Aderholt Gerlach Miller (FL) Brooks (AL) Hultgren Rokita Amash Gibbs Miller (MI) The SPEAKER pro tempore. Pursu- Brooks (IN) Hunter Rooney Bachmann Gibson Mullin ant to clause 9 of rule XX, this 5- Broun (GA) Hurt Bachus Gingrey (GA) Ros-Lehtinen Mulvaney Buchanan Issa Barber Gohmert Murphy (FL) minute vote on the motion to recom- Roskam Bucshon Jenkins Barletta Goodlatte Murphy (PA) mit will be followed by a 5-minute vote Ross Burgess Johnson (OH) Barr Gowdy Neugebauer Rothfus on passage of the bill, if ordered. Byrne Johnson, Sam Barrow (GA) Granger Noem Royce Calvert Jones Barton Graves (GA) Nolan This is a 5-minute vote. Runyan Camp Jordan Benishek Graves (MO) Nugent The vote was taken by electronic de- Campbell Joyce Ryan (WI) Bentivolio Green, Gene Nunes vice, and there were—ayes 187, noes 231, Cantor Kelly (PA) Salmon Bilirakis Griffin (AR) Nunnelee not voting 13, as follows: Carter King (IA) Sanford Bishop (GA) Griffith (VA) Olson Cassidy King (NY) Scalise Bishop (UT) Grimm Owens [Roll No. 40] Chabot Kingston Schock Black Guthrie Palazzo Coble Kinzinger (IL) Schrader Blackburn Hall Paulsen AYES—187 Coffman Kline Schweikert Boustany Hanna Pearce Andrews Garcia Nadler Cole Labrador Scott, Austin Brady (TX) Harper Perlmutter Barber Grayson Napolitano Collins (GA) LaMalfa Sensenbrenner Bridenstine Harris Perry Bass Green, Al Neal Collins (NY) Lamborn Sessions Brooks (AL) Hartzler Peterson Beatty Green, Gene Negrete McLeod Conaway Lance Sewell (AL) Brooks (IN) Hastings (WA) Petri Becerra Grijalva Nolan Cook Lankford Shimkus Broun (GA) Heck (NV) Pittenger Bera (CA) Gutie´rrez O’Rourke Cotton Latham Shuster Brown (FL) Hensarling Pitts Bishop (NY) Hahn Pallone Cramer Latta Simpson Buchanan Herrera Beutler Poe (TX) Blumenauer Hanabusa Pascrell Crawford LoBiondo Smith (MO) Bucshon Holding Polis Bonamici Hastings (FL) Pastor (AZ) Crenshaw Long Smith (NE) Burgess Horsford Pompeo Brady (PA) Heck (WA) Payne Culberson Lucas Smith (NJ) Bustos Hudson Posey Braley (IA) Higgins Pelosi Daines Luetkemeyer Smith (TX) Byrne Huelskamp Price (GA) Brown (FL) Himes Perlmutter Davis, Rodney Lummis Southerland Calvert Huizenga (MI) Rahall Brownley (CA) Hinojosa Peters (CA) Denham Marchant Stewart Camp Hultgren Reed Bustos Holt Peters (MI) Dent Marino Stivers Campbell Hunter Reichert Butterfield Honda Pingree (ME) DeSantis Massie Stockman Cantor Hurt Renacci Capito Horsford Pocan DesJarlais McAllister Stutzman Capito Issa Ribble Capps Hoyer Polis Diaz-Balart McCarthy (CA) Terry Carter Jenkins Rice (SC) Duffy McCaul Capuano Israel Price (NC) Thompson (PA) Cassidy Johnson (OH) Richmond Duncan (SC) McClintock Ca´ rdenas Jackson Lee Quigley Thornberry Castor (FL) Johnson, Sam Rigell Duncan (TN) McHenry Carney Jeffries Rahall Tiberi Chabot Jones Roby Ellmers McIntyre Carson (IN) Johnson (GA) Rangel Tipton Clay Jordan Roe (TN) Enyart McKeon Cartwright Johnson, E. B. Richmond Turner Cleaver Joyce Rogers (AL) Castor (FL) Kaptur Roybal-Allard Farenthold McMorris Coble Kelly (PA) Upton Rogers (KY) Castro (TX) Keating Ruiz Fincher Rodgers Coffman Kilmer Rogers (MI) Valadao Chu Kelly (IL) Ruppersberger Fitzpatrick Meadows Cole Kind Rohrabacher Wagner Cicilline Kennedy Ryan (OH) Fleischmann Meehan Collins (GA) King (IA) Rokita Walberg Clark (MA) Kildee Sa´ nchez, Linda Fleming Messer Collins (NY) King (NY) Rooney Walden Clarke (NY) Kilmer T. Flores Mica Conaway Kingston Ros-Lehtinen Walorski Clay Kind Sanchez, Loretta Forbes Miller (FL) Cook Kinzinger (IL) Roskam Cleaver Kirkpatrick Sarbanes Fortenberry Miller (MI) Walz Cooper Kirkpatrick Ross Clyburn Kuster Schakowsky Foster Mulvaney Weber (TX) Costa Kline Rothfus Cohen Langevin Schiff Foxx Murphy (PA) Webster (FL) Cotton Labrador Royce Connolly Larsen (WA) Schneider Franks (AZ) Neugebauer Wenstrup Cramer LaMalfa Runyan Conyers Larson (CT) Scott (VA) Frelinghuysen Noem Westmoreland Crawford Lamborn Ryan (OH) Cooper Lee (CA) Scott, David Gardner Nugent Whitfield Crenshaw Lance Ryan (WI) Costa Levin Serrano Garrett Nunnelee Williams Cuellar Lankford Salmon Courtney Lewis Shea-Porter Gerlach Olson Wilson (SC) Culberson Latham Sanford Crowley Lipinski Sherman Gibbs Owens Wittman Daines Latta Scalise Cuellar Loebsack Sinema Gibson Palazzo Womack Davis, Rodney Lipinski Schock Cummings Lofgren Sires Gingrey (GA) Paulsen Woodall Denham LoBiondo Schrader Davis (CA) Lowenthal Slaughter Gohmert Pearce Yoder Dent Loebsack Schweikert Davis, Danny Lowey Smith (WA) Goodlatte Perry Yoho DeSantis Long Scott, Austin DeFazio Lujan Grisham Speier Gowdy Peterson Young (AK) DesJarlais Lucas Sensenbrenner DeGette (NM) Swalwell (CA) Granger Petri Young (IN) Diaz-Balart Luetkemeyer Sessions Delaney Luja´ n, Ben Ray Takano Duffy Lummis Sewell (AL) DeLauro (NM) Thompson (CA) NOT VOTING—13 Duncan (SC) Maloney, Sean Shimkus DelBene Lynch Thompson (MS) Duncan (TN) Marchant Shuster Amodei McCarthy (NY) Rush Deutch Maffei Tierney Ellmers Marino Simpson Chaffetz Miller, Gary Schwartz Dingell Maloney, Titus Enyart Massie Sinema Gosar Miller, George Wolf Doggett Carolyn Tonko Farenthold Matheson Smith (MO) Griffin (AR) Mullin Doyle Maloney, Sean Tsongas Fincher McAllister Smith (NE) Huffman Nunes Duckworth Matheson Van Hollen Fitzpatrick McCarthy (CA) Smith (NJ) Edwards Matsui Vargas Fleischmann McCaul Smith (TX) Ellison McCollum Veasey b 1444 Fleming McClintock Southerland Engel McDermott Vela Flores McHenry Stewart Eshoo McGovern Vela´ zquez Forbes McIntyre Stivers Esty McKinley Visclosky So the motion to recommit was re- Fortenberry McKeon Stockman Farr McNerney Wasserman jected. Foxx McKinley Stutzman Fattah Meeks Schultz Franks (AZ) McMorris Terry Frankel (FL) Meng Waters The result of the vote was announced Frelinghuysen Rodgers Thompson (CA) Fudge Michaud Waxman as above recorded. Gallego Meadows Thompson (MS) Gabbard Moore Welch Garamendi Meehan Thompson (PA) Gallego Moran Wilson (FL) The SPEAKER pro tempore. The Gardner Messer Thornberry Garamendi Murphy (FL) Yarmuth question is on the passage of the bill. Garrett Mica Tiberi

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.036 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1615 Tipton Walz Wittman days in which to revise and extend being sent to wait in line at food banks Turner Weber (TX) Wolf their remarks and include extraneous and, in some cases, being served car- Upton Webster (FL) Womack Valadao Welch Woodall material on H.R. 3964. rots that are normally grown in this Vela Wenstrup Yoder The SPEAKER pro tempore. Is there area that are from China. Wagner Westmoreland Yoho objection to the request of the gen- That is why, last Congress, the House Walberg Whitfield Young (AK) tleman from Washington? of Representatives passed bipartisan Walden Williams Young (IN) Walorski Wilson (SC) There was no objection. legislation to restore the flow of water NAYS—154 The SPEAKER pro tempore. Pursu- to avoid future droughts. In fact, the ant to House Resolution 472 and rule Andrews Garcia Nadler Senate did not take up a single water Bass Grayson Napolitano XVIII, the Chair declares the House in bill in this last Congress, even after we Beatty Green, Al Neal the Committee of the Whole House on had passed our legislation. Becerra Grijalva Negrete McLeod the state of the Union for the consider- So, once again, we are back here on Bera (CA) Gutie´rrez O’Rourke ation of the bill, H.R. 3964. Bishop (NY) Hahn Pallone the floor of the House with legislation Blumenauer Hanabusa Pascrell The Chair appoints the gentleman to help California communities once Bonamici Hastings (FL) Pastor (AZ) from Texas (Mr. POE) to preside over again facing water shutoffs. But now, Brady (PA) Heck (WA) Payne the Committee of the Whole. Braley (IA) Higgins Pelosi Mr. Chairman, the situation is much Brownley (CA) Himes Peters (CA) b 1454 more dire. Butterfield Hinojosa Peters (MI) The lack of rainfall has exacerbated IN THE COMMITTEE OF THE WHOLE Capps Holt Pingree (ME) the manmade drought, and last month, Capuano Honda Pocan Accordingly, the House resolved the California Governor declared a Ca´ rdenas Hoyer Price (NC) itself into the Committee of the Whole Carney Israel Quigley state of emergency. A manmade House on the state of the Union for the Carson (IN) Jackson Lee Rangel drought coupled with a natural Cartwright Jeffries Roybal-Allard consideration of the bill (H.R. 3964) to drought equals disaster and requires Castro (TX) Johnson (GA) Ruiz address certain water-related concerns Chu Johnson, E. B. Ruppersberger immediate action. Of course, these con- in the Sacramento-San Joaquin Valley, Cicilline Kaptur Sa´ nchez, Linda ditions could have been partially and for other purposes, with Mr. POE in Clark (MA) Keating T. avoided if only the Senate had acted on Clarke (NY) Kelly (IL) Sanchez, Loretta the chair. the House-passed legislation last year. Clyburn Kennedy Sarbanes The Clerk read the title of the bill. Cohen Kildee Schakowsky The CHAIR. Pursuant to the rule, the This comprehensive solution before Connolly Kuster Schiff us today, almost identical to what the Conyers Langevin Schneider bill is considered read the first time. Courtney Larsen (WA) Scott (VA) The gentleman from Washington (Mr. House passed the last Congress, would Crowley Larson (CT) Scott, David restore some water deliveries that will HASTINGS) and the gentlewoman from Cummings Lee (CA) Serrano be cut off due to Federal regulations California (Mrs. NAPOLITANO) each will Davis (CA) Levin Shea-Porter and environmental lawsuits, ensure a Davis, Danny Lewis Sherman control 30 minutes. DeFazio Lofgren Sires The Chair recognizes the gentleman reliable water source for people and DeGette Lowenthal Slaughter from Washington. fish, secure water rights, and save tax- Delaney Lowey Smith (WA) payer money by ending unnecessary DeLauro Lujan Grisham Speier Mr. HASTINGS of Washington. Mr. DelBene (NM) Swalwell (CA) Chairman, I yield myself such time as and dubious government projects. Deutch Luja´ n, Ben Ray Takano I may consume. Mr. Chairman, I want to stress that Dingell (NM) Tierney this crisis does not just impact Cali- Doggett Lynch Titus Mr. Chairman, the House today is Doyle Maffei Tonko considering H.R. 3964, the Sacramento- fornia, but it has rippling effects across Duckworth Maloney, Tsongas San Joaquin Valley Emergency Water the entire Nation. California’s San Joa- Edwards Carolyn Van Hollen quin Valley is the salad bowl for the Ellison Matsui Vargas Delivery Act. Engel McCollum Veasey Like California, my central Wash- world and provides a significant share Eshoo McDermott Vela´ zquez ington district is heavily dependent on of the fruits and vegetables for our Esty McGovern Visclosky irrigated water to support our local country. Farr McNerney Wasserman Food grows where water flows. When Fattah Meeks Schultz economic and agriculture industry. I Foster Meng Waters understand the importance of having a there is no water, our food supply suf- Frankel (FL) Michaud Waxman stable, reliable water supply, and I also fers, resulting in higher food prices Fudge Moore Wilson (FL) across the country and increased reli- Gabbard Moran Yarmuth understand the economic devastation that is caused when the water supply is ance on foreign food sources. NOT VOTING—9 shut off, particularly when the shutoff This bill is a chance to right the reg- Amodei Huffman Miller, George is avoidable. ulatory wrongs of the past, to end fu- Chaffetz McCarthy (NY) Rush ture manmade droughts, and to protect Gosar Miller, Gary Schwartz California is facing an emergency sit- uation. For years, San Joaquin Valley the jobs and economic livelihoods of b 1450 farmers have been fighting against farm families and their workers. So the bill was passed. Federal regulations and environmental The people of the San Joaquin Valley The result of the vote was announced lawsuits that have diverted water sup- cannot wait any longer, Mr. Chairman, as above recorded. plies in order to help a 3-inch fish. In for Congress to act. As the title of this A motion to reconsider was laid on 2009, there was a deliberate diversion of bill suggests, it is truly an emergency the table. over 300 billion—that is ‘‘billion,’’ Mr. for many, and time is running out. I PERSONAL EXPLANATION Chairman—gallons of water away from sincerely hope that, unlike the last Mr. HUFFMAN. Mr. Speaker, on February, 5 farmers. As a result, thousands of Congress, our Senate colleagues will 2014, I was absent for rollcall votes 40 and farmworkers lost their jobs, unemploy- take up this bill or propose a meaning- 41. ment in some areas reached 40 percent, ful alternative to it, then we can come Had I been present for rollcall vote 40 I and thousands of acres of fertile farm- together and figure out where we dis- would have voted ‘‘yes.’’ And had I been land simply dried up. agree and then agree on a final pack- present for rollcall vote 41 I would have voted As chairman of the House Natural age. These communities facing massive ‘‘no.’’ Resources Committee, I have traveled unemployment deserve nothing less. f to Fresno, California, and seen the ef- This bill is supported, Mr. Chairman, fects of natural and manmade drought by the entire Republican California SACRAMENTO-SAN JOAQUIN VAL- firsthand. We have held multiple hear- delegation, and I commend my col- LEY EMERGENCY WATER DELIV- ings and heard the pleas of commu- leagues from California for their hard ERY ACT nities that simply want the water work in getting this bill to the floor GENERAL LEAVE turned back on and their livelihood re- today. So I urge my colleagues to sup- Mr. HASTINGS of Washington. Mr. stored. port the bill. Speaker, I ask unanimous consent that We have seen farmers, Mr. Chairman, Mr. Chairman, I reserve the balance all Members may have 5 legislative who normally help feed the Nation of my time.

VerDate Mar 15 2010 05:09 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.012 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1616 CONGRESSIONAL RECORD — HOUSE February 5, 2014 b 1500 ments from exercising valid water OFFICE OF THE GOVERNOR, Mrs. NAPOLITANO. Mr. Chairman, I rights in order to conserve, enhance, February 3, 2014. Re Opposition to H.R. 3964. yield myself such time as I may con- recover, or otherwise protect any spe- sume. cies that is affected by operations of Hon. DOC HASTINGS, Chairman, Committee on Natural Resources, Mr. Chairman, I would invite my col- the CVP or State Water Project. It also House of Representatives, Washington, DC. league to visit southern California to reallocates water for junior water Hon. PETER DEFAZIO, check with the rest of California on rights holders in the Central Valley Ranking Member, Committee on Natural Re- how we are handling the drought. and ignores the needs of southern Cali- sources, House of Representatives, Wash- Ninety-eight percent of California, as ington, DC. fornia and other water users while shown by this map, is in drought. We DEAR MR. CHAIRMAN AND REPRESENTATIVE are entering the third year of drought, privatizing a public resource for a se- DEFAZIO: California is currently experi- the driest on record in California. lect few. encing the worst water crisis in our modern history. We are in our third consecutive year This bill, H.R. 3964, the Sacramento- It does not—I repeat—does not create of extremely dry weather, and our most re- San Joaquin Valley Emergency Water any new water to solve the drought. It cent snow survey found that the Sierra Delivery Act, targets California’s Cen- completely eliminates the coequal goal snowpack—a source of water supply for 25 tral Valley only and was introduced 1 of protecting the environment and al- million Californians—is 12 percent of the normal average, the lowest ever recorded. week ago with no hearing, no markup, lowing water deliveries. It eliminates no conversation, nothing, a partisan Since declaring a drought state of emer- that coequal code. It puts jobs at risk, bill, introduced only by California Re- gency on January 17th, state agencies have publicans, with no meaningful con- not only for fishermen but also the been working closely with federal, local, and municipal agencies and others, to respond versation or cooperation with the rest economy. It would revert contract re- newal terms to 40 years instead of the quickly. We have taken unprecedented ac- of the California Members, who are all tions to deal with the crisis, including allo- facing similar drought impacts. It is current 25. cating zero water deliveries to water con- similar to H.R. 1837 from 2011 in the Mr. Chairman, the severity of this tractors from the State Water Project for last Congress, and it died in the Sen- legislation benefits a very small group. the first time in the project’s history. Last week, California also released a comprehen- ate, as was pointed out. It does not benefit all of drought-im- According to the California Depart- sive plan for future water management, in- pacted California. It needs the coopera- ment of Water Resources, the cluding storage, conservation, recycling, tion of a bipartisan solution for all of water transfers and other actions. snowpack in the Sierras, the largest the State, including southern Cali- H.R. 3964 is an unwelcome and divisive in- reservoir in the Central Valley Project trusion into California’s efforts to manage System, was 6 percent of normal. Last fornia. this severe crisis. It would override state week, the National Drought Monitor Water bonds in the past have favored laws and protections, and mandate that cer- found that 98 percent of the State is ex- northern California. The levee funding tain water interests come out ahead of oth- periencing moderate to severe ers. It falsely suggests the promise of water favored the Bay Delta, and H.R. 3964 fa- relief when that is simply not possible given drought—so dry in California that in vors Central Valley farmers only. the scarcity of water supplies. H.R. 3964 the first 18 days of January, the State Southern California wants and needs would interfere with our ability to respond saw 289 fires that burned 721 acres, in- effectively and flexibly to the current emer- cluding the Colby fire partly in my dis- to be included in a dialogue and be part gency, and would re-open old water wounds trict. of the solution. We are currently in undermining years of progress toward reach- The State has hired nearly 100 more dialogue with the Senators on a ing a collaborative long-term solution to our firefighters and used a super water drought bill. water needs. I urge you to oppose H.R. 3964. scooper airplane, at a time when Cali- Title XVI, which is recycled water, Sincerely, fornia should be experiencing its wet- WaterSMART, Republicans have been EDMUND G. BROWN, JR. test month. stonewalling ideas. They are not allow- California Natural Resources Sec- STATE OF CALIFORNIA, retary Laird said it best in a letter: ing bills to be given the courtesy of a OFFICE OF THE ATTORNEY GENERAL, ‘‘This bill falsely holds the promise of hearing in the subcommittee or full February 4, 2014. water relief that cannot be delivered committee. Hon. JOHN BOEHNER, Speaker of the House of Representatives, Wash- because, in this drought, the water The Bureau of Reclamation is work- simply does not exist.’’ ington, DC. ing with WaterSMART project funding Hon. NANCY PELOSI, This legislation, instead, reallocates of only $27.5 million and water recy- House Minority Leader, Washington, DC. water in a way that erroneously ele- cling project funding, Title XVI, of DEAR HOUSE SPEAKER BOEHNER AND HOUSE vates junior water rights uses above all $21.5 million, with a backlog of $400 MINORITY LEADER PELOSI: I am writing to ex- other water needs, including munic- press my opposition to H.R. 3964, the Sac- ipal, fisheries and environmental uses. million in congressionally approved ramento San Joaquin Valley Emergency It repeals existing State law for projects. Water Delivery Act. Like its 2012 prede- water use in California, establishing a Mr. Chairman, I will submit letters cessor, H.R. 1873, H.R. 3964 would abrogate very harmful precedent for other long-standing provisions of California law in opposition: from the White House, a designed to protect the State’s natural re- States. It repeals sections 104, 107, 108, statement and a veto threat; from the sources and violate settled constitutional 110, 204, and 401 that explicitly waive Governor of California, Governor principles of state sovereignty. Furthermore, State law or reclamation law. It re- Brown; from the California Department the legislation would imperil the State’s tra- peals historic California water rights of Natural Resources Secretary John ditional authority to manage its natural re- and decades of carefully balanced sources without providing any meaningful Laird; from California Attorney Gen- water compromises. It undermines emergency drought relief for the people of eral Kamala Harris; and from 34 diverse California and other States’ abilities to California. California environmental groups. After two dry years, Californians are fac- manage its own resources. It overturns ing potentially the driest year in the State’s nearly 20 years of environmental and The Western States Water Council history. The Sierra Nevada snow pack is 12 conservation protections under the indicates their opposition has not percent of normal. Storage levels at Shasta, Central Valley Project Improvement changed to the provisions that preempt Folsom, and Oroville reservoirs are below Act, CVPIA, and the Endangered Spe- states’ rights. The bill will just create the 1977 drought levels. The California State cies Act, and ignores the best available more litigation over water and not Water Resources Control Board (SWRCB) and the Department of Fish and Wildlife science demonstrating the negative ef- solve anything. We need to work on a fects on species. We are, in fact, a spe- (DFW) have responded to this drought emer- bipartisan basis on putting that forth. gency by agreeing to relax certain water cies too, the human species. H.R. 3964 is not such an attempt. I urge quality standards to ensure that the federal It repeals the Federal and State Central Valley Project (CVP) and the State agreement on the court-ordered San all my colleagues to vote ‘‘no’’ on H.R. 3964. Water Project (SWP) can meet health and Joaquin Restoration Settlement Act. human safety requirements and can reason- It prohibits Federal or State govern- I reserve the balance of my time. ably protect all beneficial uses of water.

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.041 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1617 Notwithstanding the prompt and laudable subdivisions, to administer or enforce a fed- dermine California’s own ability to address efforts of California’s natural resources eral regulatory program.’’ (Id.) serious water challenges and to erase years agencies to address the drought emergency, By compelling the SWP, a state funded and of progress toward a collaborative long-solu- H.R. 3964 would remove key water resources managed water project, to operate based tion to address our long-term water needs. management powers from these agencies. upon congressionally mandated Delta water The bill falsely holds the promise of water The legislation would transgress the prin- quality standards, rather than allowing Cali- relief that cannot be delivered because in ciples of state sovereignty in at least three fornia to develop standards that reflect the this drought, the water simply does not important respects. First, the legislation most recent scientific information regarding exist. It would be much more prudent to help would mandate that the CVP and the SWP the Delta, H.R. 3964 violates the U.S. Su- educate California residents and members of operate to fixed water quality standards for preme Court’s state sovereignty principles. Congress how dire this situation is, and that the Sacramento-San Joaquin Delta devel- By prohibiting the SWRCB, the DFW or we must work together on the limited items oped almost twenty years ago, and would other state agencies from taking action to that might be helpful in such an emergency preclude state authorities from altering such protect fishery and public trust values other situation. standards. Second, the legislation would pro- than those mandated by Congress, the legis- The state of California is also focused on hibit the SWRCB and the DFW from exer- lation further violates these state sov- finding long-term solutions that unite us cising their state law responsibilities to pro- ereignty principles. Congressional passage of during this challenging time. State law, en- tect fishery resources and public trust val- H.R. 3964 would have, in effect, unconsti- acted in 2009, requires us to achieve the co- ues, not only as to CVP and SWP operations, tutionally ‘‘dragooned’’ state officers ‘‘into equal goals of both water supply reliability but as to all holders of appropriative water administering federal law.’’ (Id at p. 928.) and ecosystem restoration through the use rights in California. Third, the legislation I urge you to reject H.R. 3964. Consistent of sound science. In fact, earlier this week would overturn settled principles of coopera- with the principles of state sovereignty, the state finalized an action plan on storage, tive federalism by vacating the San Joaquin California’s natural resource agencies have conservation, recycling, water transfers, and River Restoration Settlement Act and ban- timely and responsibly taken measures to all actions that we can take to make Califor- ning the application of State fishery protec- address the present drought emergency with- nia’s water system more robust. We ask for tions to the San Joaquin River operations of in the context of California law. It is impor- your help in those constructive, long-term the Friant Unit of the CVP. tant that the present legal framework of efforts—where we are trying to bring people These proposed constraints on California’s dual sovereignty for water resources issues together around solutions. ability to manage its natural resources con- be strengthened and preserved, rather than The choices we face in this drought are ex- travene long-standing principles of western dismantled. traordinary. Rarely are we forced to simulta- water law. In California v. United States Sincerely, neously confront water allocations this criti- (1978) 438 U.S. 645, 653 the U.S. Supreme KAMALA D. HARRIS, cally low, Delta salinity conditions this Court affirmed California’s ability to impose Attorney General. uniquely challenging, and the difficulty of state law terms and conditions on federal moving water around the state due to low reclamation projects, and declared that, CALIFORNIA NATURAL reservoir levels. ‘‘[t]he history of the relationship between RESOURCES AGENCY, For these reasons, we strongly urge you to the Federal government and the States in January 30, 2014. oppose H.R. 3964 and instead ask Congress to the reclamation of the arid lands of the Re Opposition to H.R. 3964. join us in supporting consensus-based water Western States is both long and involved, Hon. DOC HASTINGS, solutions that are truly responsive to Cali- but though it runs the consistent thread of Chairman, House Natural Resources Committee, fornia’s drought and long-term water needs. purposeful and continued deference to state Washington, DC. Sincerely, water law by Congress.’’ Hon. PETER DEFAZIO, JOHN LAIRD, California law grants the SWRCB the con- Ranking Member, House Natural Resources Secretary for Natural Resources. tinuing authority to review and reconsider Committee, Washington, DC. all water rights for the purpose of deter- DEAR CHAIRMAN HASTINGS, RANKING MEM- EXECUTIVE OFFICE OF THE PRESI- mining whether their exercise would violate BER DEFAZIO AND MEMBERS OF THE COM- DENT, OFFICE OF MANAGEMENT the reasonable use requirement of Article X, MITTEE: California is experiencing the worst AND BUDGET, Section 2 of the California constitution and water crisis in our modern history. We are in February 5, 2014. Washington, DC. California’s common law doctrine of the pub- our third consecutive year of below normal STATEMENT OF ADMINISTRATION POLICY lic trust. According to the California Su- precipitation and, this year’s snowpack—on preme Court, ‘‘[t]he state has an affirmative which 25 million Californians depend as the H.R. 3964—SACRAMENTO-SAN JOAQUIN VALLEY duty to take the public trust into account in source of their water supply—currently is EMERGENCY WATER DELIVERY ACT the planning and allocation of water re- only 10 percent of what it should be. In Sac- (Rep. Valadao, R–California, and 14 sources, and to protect public trust uses ramento and Redding, we have broken all cosponsors) whenever feasible.’’ (National Audubon Soci- records for consecutive dry days in the mid- The Administration strongly opposes H.R. ety v. Superior Court (1983) 33 Ca1.3d 419, dle of the rainy season. The California De- 3964, the Sacramento-San Joaquin Valley 446.) The California Legislature has expressly partment of Public Health reports that 17 Emergency Water Delivery Act, because it adopted these principles as ‘‘the foundation communities across the state are at risk of would not alleviate the effects of California’s of state water management policy.’’ (Cal. running out of drinking water within 60–120 current drought and would disrupt decades of Wat. Code, § 85023.) By abrogating the State’s days. Just days ago, the California Depart- work that supports building consensus, solu- ability to apply these principles to water ment of Fish and Wildlife announced the clo- tions, and settlements that equitably ad- users, H.R. 3964 contravenes the long-stand- sure of several fisheries and CAL FIRE has dress some of California’s most complex ing history of deference to state water law. already responded to over 400 fires in the water challenges. California is experiencing Moreover, H.R. 3964 takes these steps in month of January, a startling fact when you severe drought conditions and low reservoir violation of settled constitutional principles consider they responded to zero during the storage. The urgency and seriousness of the of state sovereignty. Relying upon separa- same time last year. As you know, Califor- situation requires a balanced approach that tion of powers principles set forth in the nia’s climate is such that it is generally dry promotes water reliability and ecosystem Tenth Amendment and elsewhere in the U.S. for almost half the year—and we rely on rain restoration. Constitution, the U.S. Supreme Court in New and snow during the winter season to carry Specifically, H.R. 3964 would undermine York v. United States has held that ‘‘con- us through the year. Conditions—in terms of years of collaboration between local, State, gress may not simply ‘commandee[r] the leg- both water supply and water quality—are un- and Federal stakeholders to develop a sound islative processes of the States by directly precedented and serious. Simply put, we face water quality control plan for the Bay-Delta. compelling them to enact and enforce a fed- the driest year on record, after two dry And, contrary to current and past Federal eral regulatory program.’’ (New York v. years, which is why Governor Brown pro- reclamation law that defers to State water United States (1992) 505 U.S. 144, 161, citing claimed a drought State of Emergency on law, the bill would preempt California water Hodel v. Virginia Surface Mining & Reclama- January 17, 2014. law. Moreover, much of what the bill pur- tion Assn., Inc. (1981) 452 U.S. 263, 288.) In California is a huge state, in which its 38 ports to do could be accomplished through Printz v. United States, the U.S. Supreme million residents depend on a large and flexibilities in existing law. Court expanded its ruling in New York and unique series of dams, canals, and waterways The bill also would reject the long-stand- declared that ‘‘[t]oday we hold that Congress administered by hundreds of different water ing principle that beneficiaries should pay cannot circumvent that prohibition by con- agencies. It is a complex system—and legis- both the cost of developing water supplies scripting the States’ officers directly.’’ lation that alters it in favor of some inter- and of mitigating resulting development im- (Printz v. United States (1997) 521 U.S. 898, ests over others in a different part of the pacts, and would exacerbate current water 935.) According to the court, the constitu- state, in the middle of this great water emer- shortages by repealing water pricing reforms tional system of dual sovereignty demands gency when water managers have tried to that provide incentives for contractors to that ‘‘[t]he Federal Government may neither plan and act on current realities—is not conserve water supplies. issue directives requiring the States to ad- helpful. Finally, H.R. 3964 would repeal the San dress particular problems, nor command the I write today to express California’s strong Joaquin River Settlement Agreement, which States’ officers, or those of their political opposition to H.R. 3964, which seeks to un- the Congress enacted to resolve 18 years of

VerDate Mar 15 2010 03:57 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.044 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1618 CONGRESSIONAL RECORD — HOUSE February 5, 2014 contentious litigation. Full repeal of the set- Since H.R. 1837 was only recently intro- The Council has long recognized the impor- tlement agreement would likely result in the duced, the Council has not had an oppor- tance of planning and policy in protecting resumption of costly litigation, creating an tunity to adopt a specifically position on the and wisely managing our water resources for uncertain future for river restoration and legislation. However, I will address general the benefit of our present and future genera- water delivery operations for water users on principles related to federal-state relations tions, including our environment. The water the San Joaquin River. that are useful in evaluating specific legisla- development, management and protection Californians are facing significant tion—including H.R. 1837—and other actions challenges in the Sacramento-San Joaquin drought-related challenges. This is why the addressing the serious water-related chal- Bay-Delta System are not unique to Cali- President has directed the Federal agencies lenges facing the West and the Nation. Dur- fornia, but are reflected across the West and to work together to help California and ing the Council’s regular meetings next the Nation. Similarly, any solution to Cali- other impacted States prepare for and lessen month, we will have an opportunity to more fornia’s water and environmental needs (and the impact of the drought. Further, it is why fully consider H.R. 1837 and will share any compliance with state and federal mandates) the Administration strongly supports efforts further comments thereafter. affects the rest of the West to a greater or to provide a more reliable water supply for My testimony today is based specifically lesser extent. Perhaps this is best illustrated California and to protect, restore, and en- on a July 2010 Council policy position enti- by California’s physical dependence not only hance the overall quality of the Bay-Delta tled, ‘‘A Shared Vision for Water Planning on the waters of northern and central Cali- environment. The Administration has taken and Policy,’’ as well as a June 2006 WGA fornia, but also the Colorado River Basin, great strides toward achieving these goals Water Report entitled, Water Needs and shared by six other basin states. through a coordinated Federal Action Plan, Strategies for a Sustainable Future, the 2008 In recent years there has been a growing debate over national water policy and the which has strengthened collaboration be- WGA ‘‘Next Steps’’ Water Report, and ongo- need to elevate water issues as a national tween Federal agencies and the State of ing policy discussions. Our 2010 position and priority. The Council has been and continues California while achieving results. Unfortu- the WGA Water Reports include a number of to be actively involved in those policy dis- nately, H.R. 3964 would undermine these ef- policy statements and recommendations re- lated to federal programs and projects under cussions. forts and the progress that has been made. The States are primarily responsible for al- The Administration looks forward to work- this Subcommittee’s jurisdiction, and which we would hope would be carefully considered locating and administering rights to the use ing with Congress on legislation to address of water for myriad uses; and are in the best the drought in California and supports ef- as you evaluate H.R. 1837. With regard to provisions related to pre- position to identify, evaluate and prioritize forts that provide water supplies consistent their needs. States and their political sub- with existing law in the most expeditious emption of state law, the last paragraph of the Council’s position related to A Shared divisions share primary responsibility for manner to address the conditions. These ef- planning and managing our Nation’s water Vision for Water Planning and Policy, forts would include reauthorization of the resources, both surface and ground water, states: ‘‘. . . Nothing in any act of Congress CALFED Bay-Delta Act, the Secure Water both quantity and quality. Act, and Reclamation States Emergency should be construed as affecting or intending 2006/2008 WESTERN GOVERNORS’ ASSOCIATION Drought Relief Act. to affect or in any way to interfere with the WATER REPORTS For these reasons, if the President were laws of the respective States relating to: (a) presented with H.R. 3964, his senior advisors water or watershed planning; (b) the control, The WGA’s 2006 Water Report declared: would recommend that he veto the bill. appropriation, use, or distribution of water ‘‘States have the primary responsibility for used in irrigation or for municipal or any water allocation and management. They 34 CALIFORNIAN EVIRONMENTAL GROUPS have jurisdiction to sanction both new ap- AGAINST H.R. 3964—2–FEB–14 other purposes, or any vested right acquired therein; or (c) intending to affect or in any propriations and transfers of existing uses. AquAlliance, Butte Environmental Coun- way to interfere with any interstate com- They also have the primary responsibility cil, CA Save Our Streams Council, California pact, decree or negotiated water rights for integrating water quantity allocation Coastkeeper Alliance, California Rural Legal agreement.’’ and water quality protection. As a result, Assistance Foundation, California This language was intentionally patterned states can play a critical role relating to Sportfishing Protection Alliance, California after Section 8 of the Reclamation Act of growth in the West where water is a scarce Striped Bass Association, California Water 1902 (and similar Congressional directives). resource and competing demands vie for Impact Network, Center for Biological Di- Any weakening of the deference to state rights to its use.’’ (p. 4) versity, Citizens Water Watch of Northern The WGA’s 2008 Next Steps Report reiter- water law as now expressed in Section 8 is of California, Clean Water Action, Desal Re- ated: ‘‘States have the pivotal role in water concern to the Council—including Section sponse Group, Earth Law Center, Environ- planning, as well as allocating and pro- 202 of H.R. 1837. Provisions of this nature are mental Justice—Coalition For Water, Epic tecting the resources. But in the West, where inconsistent with the policy of cooperative Wild California, Food & Water Watch, Foot- the federal government is a substantial land- federalism that has guided Reclamation Law hill Conservancy, Friends of the River. owner and has a significant regulatory pres- for over a century, and are a threat to water Greatest of the Karuk Tribe, Institute for ence, the federal role is also critical. Co- right and water right administration in all Fisheries and Resources, Klamath operation among the states and the federal the Western States. Riverkeeper, Klower Sherman Island Duck government continues to be vital. To support Recognizing that the ‘‘future growth and Hunters Association, Northern California the state leadership role, the federal govern- prosperity of the western states depend upon Council Federation of Fly Fishers, Pacific ment should help by providing a rational fed- the availability of adequate quantities of Coast Federation of Fisherman’s Associa- eral regulatory framework, together with water of suitable quality,’’ western gov- tions, Planning and Conservation League, technical and appropriate financial assist- ernors created the Council in 1965 to address Restore the Delta, Sacramento River Preser- ance. . . . Developing optimal solutions to the need for an accurate and unbiased ap- vation Trust, Santa Clarita Organization for the challenges . . . will require an integrated praisal of present and future [water] require- Planning and the Environment, Sierra Club approach and greater partnerships among ments . . . and the most equitable means of California, Sierra Nevada Alliance, Southern state, local and federal agencies. This ap- providing for . . . such requirements. . . .’’ California Watershed Alliance, The Fish proach should consider all needs together, On a west-wide regional level, the governors Sniffer, Tuolumne River Trust, Winnemem develop effective solutions which are com- charged the Council ‘‘. . . to accomplish ef- Wintu Tribe—Middle River People. plementary rather than conflicting, and pro- fective cooperation among western states in vide direction for selecting the most appro- planning for programs leading to integrated TESTIMONY OF ANTHONY WILLARDSON, EXECU- priate . . . solutions. (p. I) development by state, federal and other TIVE DIRECTOR,WESTERN STATES WATER 2011 WSWC SHARED WATER VISION POLICY agencies of their water resources.’’ Since its COUNCIL, BEFORE THE HOUSE COMMITTEE ON POSITION creation, the Council has served as a unified NATURAL RESOURCES,SUBCOMMITTEE ON The following WSWC recommendations are voice on behalf of western governors on WATER AND POWER presented as a guide for evaluating actions water policy issues. LEGISLATIVE HEARING ON H.R. 1837—THE SAN related to federal-state relations and water Over the years, the Council has contin- resources, including H.R. 1837. JOAQUIN VALLEY WATER RELIABILITY ually sought to develop a regional consensus ACT,JUNE 13, 2010 Any vision for any water policy, water on westwide water policy and planning plan or planning process must recognize, INTRODUCTION issues, including many federal initiatives defer to and support State, tribal and local Mr. Chairman and members of the sub- and legislation. The Council strives to col- government water plans and planning proc- committee, my name is Tony Willardson and lectively protect western states’ interests in esses. I am the Executive Director of the Western water, while at the same time serving to co- Federal legislation should explicitly recog- States Water Council (WSWC). Our members ordinate and facilitate efforts to improve nize and provide support for ongoing water- are appointed by the Governors of eighteen western water management. With respect to shed efforts in and between the states, tribes western states. We are a nonpartisan govern- the latter, the Council and eleven federal and local entities and closely consult with ment entity serving as an advisory body on agencies have signed a Declaration of Co- the states in the implementation of any new water policy issues, and are very closely af- operation creating what we call our Western federal program(s). filiated with the Western Governors’ Asso- Federal Agency Support Team (WestFAST), Any federal legislation should avoid strate- ciation (WGA). We appreciate the oppor- to increase collaboration on water issues of gies that increase mandates on state, tribal tunity to testify. mutual concern. and local governments.

VerDate Mar 15 2010 05:09 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.045 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1619 Comprehensive plans developed under state Mr. DEFAZIO. Mr. Chairman, here we scary, but it is a fiction. It is not some- or tribal leadership with federal assistance are, day two of the House Committee thing real. In Greek mythology, the should: (a) reduce inefficiencies caused by on Natural Resources’ measures on the chimera was defeated by a guy named project-specific responses to competing de- floor. Yesterday we spent the entire mands; (b) reduce contradictory actions by Bellerophon, a great hero—mythical, multiple state, local and federal agencies; afternoon debating, among other but a slayer of beasts. In this case, the and (c) minimize hastily conceived reactions things, whether 435 Members of the U.S. Senate is going to replace Bellero- to the latest real or perceived crisis. House were better suited to make deci- phon. Federal agencies should use state water sions about individual Forest Service plans: (a) to help determine water policy and This is going nowhere. We are fid- ranger District Wildlife Management dling while our forests are going to planning priorities that best align federal programs or units of the National Park agency support to states; (b) to inform deci- burn this summer. sion making regarding regional water issues; Service’s motorized recreation regula- tions, overturning local managers. The only way out of the current and (c) to coordinate investment in water drought conditions is to make the infrastructure. We were told that significant amend- ments, real amendments about real skies open and rain. We aren’t making Mr. HASTINGS of Washington. Mr. rain today with this bill. We aren’t Chairman, I yield 3 minutes to the gen- issues, like the reauthorization of the even making law today with this bill. tleman from California (Mr. VALADAO), Land and Water Conservation Fund, This is cynical. This is embarrassing. the author of this legislation, whose they couldn’t be offered because we We should pull this bill from consider- district has been heavily impacted by need to respect the legislative process. ation and actually work on something this manmade drought. Are we respecting the legislative Mr. VALADAO. Mr. Chairman, the process here today? This bill was intro- that will help not only those in Cali- reason we are here today is we have duced last week. No hearings have been fornia but all of us impacted in the heard talk for long enough. We have held in the committee. No action was West by this drought. seen negotiation after negotiation, and taken by the committee. It was writ- Let’s hold a hearing on this drought. the last one that we are asking to go ten, introduced, and brought directly Let’s form a task force and come up back to happened in the mid-nineties. to the floor of the House of Representa- with real bipartisan solutions. tives. That is respect for the legislative There was an agreement made that al- Mr. HASTINGS of Washington. Mr. lowed water to go for the environment process? Now despite everyone here knowing Chairman, I am very pleased to yield 3 and for agriculture, and now we are not minutes to the gentleman from Cali- even getting that. that we are going to face the worst drought the American West has seen in fornia (Mr. MCCLINTOCK), a member of What we are asking for is for a little the committee who has worked very attention. Many of the viewers prob- a century, the committee of jurisdic- tion has failed to hold even one hearing hard on this legislation in the last Con- ably don’t find this interesting. It is gress and in this Congress. just a bunch of trees, but these trees on current conditions. are dead. They have been pulled out of In case you have missed the news, Mr. MCCLINTOCK. Mr. Chairman, the ground. here it is: California, driest conditions California’s drought is nature’s fault, That probably doesn’t mean a lot to in over 500 years, extreme drought in 70 but our failure to prepare for it is our the Chair or to a lot of other people in percent of the State. Nevada and Or- fault. this room, but these are trees that egon, my home State, severe to ex- In California, the ruling Democrats grow crops. Those crops create jobs. treme drought in 80 percent of the have not only obstructed the construc- The people that do those jobs are these State. Idaho, severe to extreme tion of new dams for the past 35 years people right here. drought in nearly half the State. but they have also actively sought to To be thinking about how we are We hear so many people talk about tear down existing ones. They have going to mitigate this, how we are unemployment insurance. These people substituted conservation for des- want to work. They want to earn a going to fight the fires, what are we going to do for disaster relief, perately needed storage, and now that paycheck. They want to go home at the we face drought, we find that our few end of the day with their money in shouldn’t we be looking at reality as opposed to this piece of legislative the- reservoirs are empty, and our conserva- their pocket and be able to buy food tion options are already exhausted. that is grown around them, natural, ater? No. good, wholesome American food. These A number of us on the committee Worse, in the first years of this people do not like standing in line and have asked for a hearing, a comprehen- drought, 1.6 million acre-feet of water do not like waiting for government sive hearing on all the aspects of this was dumped into the Pacific Ocean for handouts. They want to work and be drought, and the majority has yet to the care and amusement of the delta productive members of today’s society. respond. smelt. Mr. Chairman, 800,000 acre-feet— I know that a lot of people watching Now, this isn’t a joke. It is not some- enough for 4 million Californians—was today will think, well, this is just a thing we should be playing political deliberately drained from our now California problem, but this is the food games with. Seriously. We have empty empty reservoirs just several months grown in California: 99 percent of the reservoirs, unemployed people, yes, ago, knowing that that water was des- almonds; 99 percent of the artichokes; tinderbox forests, fallowed fields, and perately needed to support the threat- 99 percent of the figs; 99 percent of the failing fisheries. That calls on us to be ened human population. Part of that olives; 99 percent of the pistachios. bigger and better than playing these water was taken from Central Valley So when we talk about helping the stupid partisan games. That is what farmers, who now face economic ex- people who need help and giving them this is. tinction. This bill corrects these tragic the resources to feed their families, if Just like the bill yesterday, this bill policies. we cut off water to California, it has a is not a serious effort to legislate. It is going nowhere. The Governor of Cali- It is true, we cannot make it rain, direct impact on the money that they but we can take measures to stop this fornia opposes it. Senator FEINSTEIN do receive from the government. Be- lunacy, increase storage capacity, rein- cause they aren’t working because of opposes it. Colorado, Montana, Wyo- force existing water rights, and ensure the drought, it makes food more expen- ming, New Mexico, and Oregon are all that we never again must face a crisis sive. It limits what they can buy to opposed to the provisions overturning of this magnitude. feed their families. State water law. The party of states’ Anybody that claims to be helpful to rights overturning State water law? This bill allows for the expansion of those who need our help the most and The nonpartisan 18 Governor-appointed Lake McClure by 70,000 acre-feet. It votes against this bill is literally say- Western States Water Council has op- gives local water agencies the ability ing, I want to raise the cost of food for posed provisions in this bill over- to store additional water at New everybody in the United States. turning State water law. Melones. It sets deadlines for addi- Mrs. NAPOLITANO. Mr. Chairman, I This bill is a chimera, in the real tional storage. It authorizes local yield such time as he may consume to sense of the word. It is a mythical water districts to partner with the the gentleman from Oregon (Mr. DEFA- beast that is part lion, goat, serpent, Federal Government to expedite expan- ZIO), the ranking member of the com- all in one with the breath of burning sion of existing reservoirs and con- mittee. flames. Here it comes. It is ugly, it is struction of new ones, and it reverses

VerDate Mar 15 2010 05:09 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.046 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1620 CONGRESSIONAL RECORD — HOUSE February 5, 2014 the policies that put the delta smelt can move water, the scarce resource fornia (Mr. LAMALFA), another member ahead of the needs of thousands of where it is, if, in fact, we do get some of the Natural Resources Committee farmworkers and millions of con- additional rainfall. and a Californian. sumers. This is not about political points. It Mr. LAMALFA. Thank you, Mr. Now, the people responsible for these is about mitigating the human impact Chairman. policies say that this steals water from of people—people—living in 17 water I am pleased to be able to rise in sup- northern California. It does not. This is districts that in 30 to 60 days will no port of Mr. VALADAO’s bill, a bipartisan only water that would otherwise be longer be able to provide drinking measure it appears, and I am glad for lost to the Pacific Ocean. This bill re- water for themselves. New ideas, new that. We are able to work together as stores the bipartisan Bay Delta Accord and immediate relief should be offered, neighbors, northern California and cen- that guarantees the delta the water not a rehashing of the old political bat- tral California, to overcome the over- that it needs and grants a portion of tles. reaching environmental restrictions any excess to the Central Valley. This Last week, we saw what can happen that this bill seeks to do. It has di- historic accord was broken when Cen- in California when the entire valley verted so much water away from San tral Valley water was expropriated for delegation, working together on a bi- Joaquin Valley families for their the delta smelt. This bill restores that partisan basis with Senators FEINSTEIN farms, away from agriculture, away accord while making provisions to in- and BOXER, asked the Bureau of Rec- from productive use, in favor of a 3- crease the overall supply. lamation to honor the carryover water inch fish. The other outlandish charge is that that had been provided by those farm- Title IV of this measure ensures that this measure overrides State water ers who saved it last year. In fact, we northern California’s cities and farm- rights. It does exactly the opposite. It were able to maintain that water this ers maintain their first right to water specifically protects State water rights year. It is a lifeline. The Bureau and from the area of origin, the river in its against infringement by any bureauc- the administration heard our united area, which runs through their commu- nities. racy—local, State, or Federal. calls loud and clear, and they made a I am open to working with anyone at We have listened to the environ- fair decision to allow farmers in the any time who has a realistic plan to mental left for 40 years, and this is valley to keep water that otherwise address our historic droughts. The mi- where it has gotten us. It is time to re- would have been confiscated. nority has offered amendments that We need more of these kinds of ef- ject these voices and return to the would do nothing to address this crisis. forts, which is why I offered an amend- commonsense and proven policies of Indeed, their proposals would only put ment yesterday to create a joint com- abundance that produced the pros- more roadblocks and more red tape be- mittee to bring us together to deal perity that we once enjoyed. tween Californians and the water they with these short and long-term chal- b 1515 need. lenges. This effort is important since We see plenty of potential for Mrs. NAPOLITANO. I now yield 3 right now we seem to be talking past minutes to the gentleman from north- projects that could happen, such as one another and feuding in editorial Sites Reservoir in my neighborhood in ern California (Mr. COSTA). pages across the State rather than Mr. COSTA. I want to thank the northern California; possibly the rais- finding the common ground that we ing of Shasta Dam and other projects ranking member of the subcommittee need. for giving me an opportunity to speak would be very viable. Indeed, if you Although leadership chose not to look at the graph here, there is much on this measure. bring my amendment up for a vote, I Mr. Chairman, I rise today in support potential that could be realized when think we have to be open to getting 76 percent of the water that comes into of this bill despite my reservations down to brass tacks at some point in the delta flows straight out the Pacific. about the bill’s prospects in the Sen- time, because it is the only way we are Only 24 percent actually either stays in ate. Over the years, I have supported a going to solve these problems—on a bi- the delta or goes south of the massive number of the provisions and goals partisan basis. Solutions to our water amount of water that comes into the within this legislation, but many of problems are not and should not be delta initially. them will not offer much, if any, im- partisan. Traditionally, they have been The potential there for storing more mediate relief unless we see Biblical regional, and I can tell you where all water to have more available for every- proportions of rainfall taking place in the political fault lines lie. They are body, whether it is farms, cities or en- California during the next 6 weeks. deep, and they are historic. It is time vironmental use, can be realized by As California is in the midst of the for cooler heads to prevail. building projects and by removing the worst drought on record, reservoirs are The CHAIR. The time of the gen- roadblocks that are unnecessarily put at record lows, and we have 13 percent tleman has expired. there by bureaucracy or politics. We of our average snow pack, people in my Mrs. NAPOLITANO. I yield the gen- need to have a much better atmosphere district deserve an effort that deals tleman an additional 30 seconds. of cooperating in this time of drought with the current realities that can Mr. COSTA. This is not about polit- and putting our efforts forward to offer help. ical points. It is about people who truly help Californians. No one has done more over 30 years could lose their jobs in the drought. It Indeed, Mr. Chairman, we need to working in Sacramento and in Wash- is about the dairy producer who might pass this bill today to take that step. ington than I have to provide water not soon have to consider selling the dairy Moses parted the Red Sea. I think we only for our valley but for the entire their grandfather started. It is about need to have somebody that can part State, and to ensure that we have a farmworkers who might soon find the red tape that has held California up long-term supply. Unfortunately, too themselves in food lines instead of for so many years for building the many folks on both sides of the aisle helping produce some of the most pro- water supply it needs. have kicked this can down the road. ductive crops in the world. It is about Mrs. NAPOLITANO. Mr. Chairman, I As much as I think a number of re- the children of migrant workers who now yield 3 minutes to the gentleman forms in this bill are long overdue and might soon have to leave their school from California, Congressman THOMP- some of the policy decisions have in- because their parents have to look for SON. creased, frankly, the damage of the work elsewhere. Mr. THOMPSON of California. Thank current drought conditions, we all have In the coming days, we will be intro- you, Madam Chair. to recognize that in California and in ducing legislation. I hope we can en- Mr. Chairman, I rise in strong opposi- Western States today, we are in a gender some bipartisan support. At the tion to this bill, a bill that would de- triage situation. end of the day, that is what it is going stroy jobs, does nothing to address the There are many things that we must to take to solve the water problems in real problem, the drought, and ignores do in the long term to increase our California. more than 20 years of established water supply and fix our broken water Mr. HASTINGS of Washington. Mr. science. system in California. But, imme- Chairman, I am very pleased to yield 2 What does the bill do? Will this bill diately, we have to figure out how we minutes to the gentleman from Cali- help alleviate the drought? No. Even if

VerDate Mar 15 2010 03:58 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.042 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1621 we pumped as much water as possible, ramento-San Joaquin Valley Emer- nothing to create additional water sup- Central Valley farmers still wouldn’t gency Water Delivery Act. plies. The water that we have already have enough. There simply isn’t Albert Einstein is quoted as saying: lost, we can’t get that back. What we enough water to go around. The definition of insanity is doing the need to do is look at ways to better We are in an extreme drought, the same thing over and over again and expect- manage the water we have and look at worst in the last century. You can look ing different results. ways to better conserve that water. at these photographs and see the snow That just about sums up California’s We are ready to do this. We are ready pack last year versus the snow pack water policy today. Time and time to work with our colleagues on the this year. We are in bad straits, and it again, we have let Californians down other side of the aisle as Californians. is a drought. It is not a manmade prob- by diverting water away from our com- This isn’t about Democrats versus Re- lem, it is a drought. munities because of Federal practices publicans. We can’t pit one community Will this bill kill jobs? Yes. The delta based on unfair priorities. against another. You are talking about supports thousands of jobs in farming, California is headed toward an eco- families. fishing and tourism and has an eco- nomic calamity unless meaningful ac- This is a picture of Folsom Lake in nomic output of more than $4 billion a tion is taken. Ongoing drought condi- my district; 500,000 residents in our year. This bill puts those jobs in jeop- tions combined with regulatory restric- community rely on water from Folsom ardy. Will this bill harm drinking tions have placed a tremendous strain Lake for drinking water. water that millions of people rely on? on California water supplies. Today, we It is not about a little fish. It is Yes. When clean water is pumped are offering a first step to a solution to about when a child goes to turn on south, the level of saltwater in the the devastating drought that Cali- their tap they get clean water coming delta increases. People can’t drink sea- fornia is facing. out of it. water. This is not just a California problem. This should be under water, and if The entire State of California is in a The Central Valley of California pro- you want to understand how bad it is, drought. You saw it in today’s USA duces a significant amount of our Na- let’s look at this picture. This is the Today. There are towns without water. tion’s crops. The devastation caused by wet side of Folsom dam. Where is the There are more towns in line to lose all this drought will reverberate through water? This bill takes water where it the water they have, and it is not due the country in the form of soaring food doesn’t exist. You can’t move water if to a lack of pumping because of a ‘‘lit- prices. it doesn’t exist. tle fish.’’ It is due to the lack of snow Water officials across the State are So we stand ready to work with our and the lack of rain. taking responsible steps to ramp up colleagues in both Houses and across Now, I know this is personal for conservation efforts and stretch every many of my colleagues. It is personal the aisle to look at better ways for us drop of water that we do have. Unfortu- for me, too. Many of the towns that I to manage water, better ways for us to nately, Congress and our Federal regu- represent are running out of water. My predict and forecast weather, if you are latory agencies have failed to take a home town is rationing water—65 gal- going to have a dry season, to protect similar approach during these trying lons per person per day. It is a real, that water, and better ways to serve all times. With our State facing an un- real serious problem. of California’s communities. I understand the concerns of the Cen- precedented water shortage, it is time It can’t be northern California versus tral Valley farmers. Ag is big in my for Congress to end the regulatory re- southern California versus central district, too, and this drought is hurt- strictions that are outdated and inef- California. It has got to be Californians ing my constituents, as well. Because fective. working together. Let’s solve this. of these dry conditions, grapevines will Like many Californians, I am tired of Let’s work together, and let’s create a experience an early bud this year, and seeing millions and millions of gallons brighter future for California by man- without water to protect the early bud of water that could go to the people of aging our water together. California instead being dumped in the from the frost, we have no crops—out b 1530 of business. Pacific Ocean because of Federal regu- It is a drought that is causing the lations that punish families, farmers Mr. HASTINGS of Washington. Mr. problem. Proponents of this bill say and the economy. It has been men- Chairman, I am very pleased to yield 2 those who oppose it care more about tioned here just last year that 800,000 minutes to the gentleman from Cali- fish than people. These comments acre feet of water was flushed in the fornia (Mr. DENHAM), another former cheapen the debate. They insult the in- ocean during unprecedented rains. We member of the Natural Resources Com- telligence of Californians and are not should never be wasting that amount mittee. based on facts. As UC-Berkeley pro- of water when people are suffering from Mr. DENHAM. Mr. Chairman, I rise fessor of agriculture and resource eco- a drought. today in support of the bill to ensure nomics stated in the paper today, Mi- Today, the House can change that again that the House takes the lead in chael Hanemann, he said that you can equation, restore balance between pro- taking action about this big crisis that kill every fish in the delta and you still tecting the environment and provide we are having in California’s Central would have a real problem. water to the people who need it. Valley. Simply put, this bill is nothing more I want to thank and commend my This measure puts a number of com- than a thinly veiled attempt to use colleague, DAVID VALADAO, for his pas- monsense ideas on the table to allevi- this drought as an excuse to pump sion and leadership on this issue. He ate the severity of today’s drought. water from other users and to do so has been here only a short time, but he There is need for a Federal response, with zero regard for the people who de- is already making a tremendous im- because California has a crosscutting pend on that water for their liveli- pact on the Central Valley. network of both State and Federal hoods. It would be more productive for I urge all my colleagues to support water projects. With the passage of this this body to join in a rain dance on the this bill. bill, I hope the Senate will finally floor today than to pass this bill. Our Mrs. NAPOLITANO. May I inquire come to the table. If you don’t like our people—our constituents—deserve bet- the length of time remaining on both idea, come up with one of your own. ter than this politically driven bill. sides, please. We have to have storage. We have to They deserve solutions. I ask for a The CHAIR. The gentlewoman from have conveyance. We need to plan for ‘‘no’’ vote on the bill. California has 15 minutes remaining. the future. There are times when we Mr. HASTINGS of Washington. Mr. The gentleman from Washington has have wet years, but if we don’t store Chairman, I am very pleased to yield 2 161⁄2 minutes remaining. the water, we don’t have it for drought minutes to another gentleman from Mrs. NAPOLITANO. Mr. Chairman, I years. It is common sense, and it California (Mr. CALVERT), a former yield 3 minutes to the gentleman from should be bipartisan and it should be member of the Natural Resources Com- California, Congressman AMI BERA. bicameral. mittee. Mr. BERA of California. Mr. Chair- What I am most proud about on this Mr. CALVERT. Mr. Chairman, I rise man, I rise today to speak against this bill is that you actually have Members today in strong support of the Sac- bill, and here is why. This bill does from different regions of the State that

VerDate Mar 15 2010 03:58 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.043 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1622 CONGRESSIONAL RECORD — HOUSE February 5, 2014 have come together and said the time water when there is a drought. If this bipartisan way last time, which this is now to finally come together on a so- bill becomes law, that won’t be the bill emulates. lution for what we have and what we case. They will get the water and some- Mr. NUNES. Mr. Chairman, this is are facing today in California’s Central one else won’t. about 40 years of policies that passed Valley. Okay. We have seen this show before. out of this body that took water from I am thankful to Mr. VALADAO for We also saw before that this type of our region and sent it out to the ocean. not only bringing this bill up, but for legislation, as does this bill, overturns That is what this debate is about. So also including my provisions which will the California constitution, pushes it the inconvenient truth for the folks on create some more water storage, in- out of the way, and all this is done by the left is that their 40 years of policies cluding Los Vaqueros and Exchequer folks who normally call themselves have resulted in people running out of and streamlining construction State righters. water. projects. Well, this is the biggest grab of power One of the times they stole water was This bill also includes two of my by the Federal Government on water in 1992. After that, we had what were bills: H.R. 2705, seeking to protect na- anywhere in the history of reclamation called the Bay-Delta Accord, State- tive salmon and steelhead on the law dating back to 1904. Never before Federal partnership. That was the last Stanislaus River; and H.R. 2554, which has the Federal Government made such time we were supposed to give up would allow 100,000 new acre-feet of an attempt to grab the water rightfully water. It codified into law that agree- storage on New Melones reservoir. belonging to a State and saying, in this ment. We can do simple things to conserve case, California, you are going to use So the gentleman was talking about more water. These two measures that water as seen fit by the farm bill. stealing water, they are very good at produce more water and alleviate pres- Current water law and current law stealing water. At the time they stole sure on supplies, and at no cost to the and practices for a century and more water last time, they said the accord taxpayer. have been the opposite. This doesn’t was going to be the last time we were Yesterday the Senate passed the solve the problem. We have got a real going to have water stolen from us. farm bill, which we passed here last problem. These have been seen before That was in 1994. But water continues week. Without water, in California, and they are going to have to be seen to be stolen. having a farm bill doesn’t matter a over and over, because that was a year Now there seems to be this misunder- whole lot if you can’t plant the crops ago. We turn it upside right. Whatever, standing about how the system works. that feed the rest of the Nation. it is a lot of snow; right? That was a L.A., Hollywood, San Francisco, it is a I urge my colleagues to pass this bill. year ago, snow in the Sierras. That is desert. They don’t have water. They The time is now to have a real water this year, no snow. conveniently get their water from the solution. Again, if you don’t like this And by the way, the Central Valley Colorado River or from the Yosemite one, then come up with one of your looks pretty much like a desert—not Valley. They ignore all environmental own. Let’s have some water storage. just the San Joaquin Valley, but the rules, but they make our people who Let’s actually have a dialogue, but whole valley. live in the San Joaquin Valley live by let’s not shut down residents of the We have got a problem. We have a the rules that they don’t want to live Central Valley or drinking water very real problem. We really need a by. That is the reality. across the State. real solution. This bill isn’t a solution. So we have these projects that are Mrs. NAPOLITANO. Mr. Chairman, I This bill is a call to arms. This bill is built for 5 years of storage and move- now yield 5 minutes to the gentleman the clarion call of yet one more battle ment of water. So you can see when we from California (Mr. GARAMENDI). in the great California water war, and had a drought in 1997 and 1991 and 2009, Mr. GARAMENDI. Mr. Chairman, I we are all veterans of that war. My col- these were the allotments at those don’t know if it is proper to ask you a leagues over here on the Republican times. Last year, we actually didn’t question, but is this February 2? I am aisle, my colleagues over here on the have a real bad drought. Look at the reminded of the movie ‘‘Groundhog Democratic aisle, we are veterans of allocation. So the system simply isn’t Day.’’ We continue to repeat what hap- the water war. being used. All the aqueducts and all pened yesterday and the year before. Unfortunately, this bill doesn’t solve the dams that were constructed—led by This is a repetition of a bill that came the problem of California. There are so- Democrats, of all people, Franklin to the floor 2 years ago. It was a bill lutions available. We really need to get Roosevelt, John F. Kennedy. that had a lot of different pieces to it to them. We really need to sit down John F. Kennedy said this: but was very, very simple in what it and work with a bill that passed the This is a fast trip, but if it had no other accomplished, or attempted to accom- House and the Senate and was signed benefit than to permit us to look at this val- plish, and that was to take water from by the President less than 2 weeks ago, ley and others like it across the country, someone—the environment, fish, and where we can see the greenest and richest the omnibus bill. earth, producing the greatest and richest the delta, farmers, communities, In that omnibus bill there is a res- crops in the country, and then a mile away, Contra Costa County, the East Bay of toration, a reauthorization of the Fed- see the same earth and see it brown and San Francisco—and deliver it to some- eral drought emergency program that dusty and useless, and all because there is one else. That would be the San Luis has some 16, 17 different provisions water in one place and there isn’t in another. Unit of the Central Valley Project. that provide for specific things that we President Kennedy had the foresight That was 2 years ago. It must be Feb- should be funding. There’s no money in to construct these projects that now, ruary 2. It must be Groundhog Day be- this bill for funding. We are going to after 40 years of bad policies by the cause we are doing it all over again. have to fund this. This is a Westwide left, they have run the State out of Whatever little whistles and bells and problem, a problem that reaches across water. They have run the State out of bows you want to put on it, this is es- many, many States, and it is going to water. sentially a theft of water from someone take all of us working together to help Meanwhile, they talk about killing to give to somebody else. Plain and each individual State, each commu- the fish. Well, why are they killing the simple, that is what it is about. nity, and every water district deal with fish? Because all of these cities that In this case, the water is going to be a very real problem. It is a battle. It is most on the left represent dump their stolen—and I use that word because a call to arms. Get to your barricades. sewage into the delta. That kills the that is accurate—from the delta, from Pull out the old weapons. We really fish. So stop dumping the sewer water the environment, San Francisco Bay, need a sensible solution here, and, un- in the delta if you care about the fish. from the salmon, which is a huge in- fortunately, this bill simply doesn’t do If you care about the fish, give up your dustry in California, all the way up the it. water in Yosemite National Park and coast to Oregon, to be given to the Mr. HASTINGS of Washington. Mr. let that water go out to the delta to largest single-water district in the Na- Chairman, I am very pleased to yield 3 save the fish. tion. A district that, by its contract minutes to the gentleman from Cali- Mr. Chairman, the time for stealing with the Federal Government, is spe- fornia (Mr. NUNES), the author of the water has ended, and that is what this cifically set to take shortages in their legislation that passed this House in a bill does.

VerDate Mar 15 2010 03:58 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.045 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1623 Mrs. NAPOLITANO. Mr. Chairman, I Mrs. NAPOLITANO. Mr. Chairman, Mr. Chairman, I just want to respond reserve the balance of my time. may I inquire as to how much time is to remarks that the previous speaker Mr. HASTINGS of Washington. Mr. remaining on both sides. from California made about the poten- Chairman, I yield myself such time as The CHAIR. The gentlewoman from tial danger in this bill as they relate to I may consume. California has 8-1⁄2 minutes remaining. water rights in other States. This debate, Mr. Chairman, is very The gentleman from Washington has 9 What the gentleman was alluding to interesting. And what we are pre- minutes remaining. is absolutely incorrect because the lan- senting here today and what is being Mrs. NAPOLITANO. Thank you, Mr. guage in this bill is very specific; it is presented by my California colleagues Chairman. very specific as it relates to California. is, from their point of view, a solution I yield 3 minutes to the gentleman We went through this process in the to a problem caused by a drought and from California (Mr. MCNERNEY). last Congress when we went through Mr. MCNERNEY. Mr. Chairman, I caused by regulatory action in the hearings because other States—my thank the gentlewoman for yielding. State of California. I rise again to express my strong op- State included—was very, very con- I have heard my colleagues on the position to H.R. 3964. This legislation cerned that whatever preemption had other side of the aisle stand up—vir- will do tremendous harm to the Sac- to do with water here would affect tually everybody has said this. I know ramento-San Joaquin Delta, an area other States. Last year in this bill, the my colleague, Mr. GARAMENDI, said that I am privileged to represent. language is very, very specific: it does something that I will allude to in a mo- Let’s start with the facts. California not apply to other States; it is Cali- ment. Mr. COSTA said something about is in a drought and is experiencing its fornia-centric only. that. The ranking member of the Nat- driest year on record. Snowpacks are So I want to make that point, Mr. ural Resources Committee said some- at about 13 percent of what they should Chairman. thing about what I am going to say, be. Regions have set new records for With that, I reserve the balance of and, I dare say, the gentlelady from consecutive dry days during the rainy my time. California (Mrs. NAPOLITANO) said the season. Seventeen communities are at Mrs. NAPOLITANO. Mr. Chairman, I same thing. risk of running out of drinking water continue to reserve the balance of my The thread of what they all said is within 60 days. The National Drought time. that there are solutions, and we need Mitigation Center upgraded about 9 Mr. HASTINGS of Washington. Mr. to work together. We need to find these percent of California to an ‘‘excep- Chairman, if I could inquire of my solutions, to which our side says fine, tional drought,’’ the organization’s friend if she has any more speakers; this is our solution. We recognize you most intense level of drought severity. and, if not, if she is prepared to close, may not like it. We recognize that. But Yet, here we are again, spending time her side is prepared to close, I am pre- we also have one other point that we on a bill which, according to its au- pared to close. need to recognize, and that is the ge- thors, is only a short-term fix for a few Mrs. NAPOLITANO. We have no nius of our Founding Fathers. They communities and does nothing to help more speakers, and I am prepared to created two branches of the legislative California in its water crisis. Califor- close. branch, the Congress: the House, in nia’s Natural Resources Secretary Mr. HASTINGS of Washington. In which we have the privilege of serving, John Laird said that H.R. 3964 ‘‘falsely that case, I reserve the balance of my and the Senate. holds the promise of water relief that time so you can close, and we will have I made the observation in my open- cannot be delivered because in this one final speaker. ing statement that the Senate has not drought, the water simply does not Mrs. NAPOLITANO. Mr. Chairman, I acted on any water bill laws at all. exist.’’ Let me repeat that: ‘‘the water yield myself such time as I may con- Well, finally somebody in this area is simply does not exist.’’ sume. catching that message, because the I know that the other side is going to In closing, we have heard a lot of Fresno Bee in California, which is right vote unanimously for this bill, so I ask conversation about what is good and in the epicenter, if you will, of the San them to look and see what is inside of what is not good for my great State of it. It is not in your interest. This takes Joaquin Valley, editorialized last week California. away states’ rights. This doesn’t weigh that Senator FEINSTEIN must step up We continue to stress we need to a state’s protections. and lead on the drought. What that work together. Mr. BERA said that. Mr. I ask people that live in the Great DENHAM says create your own. means, of course, is step up and write a Lakes area and people that live in the piece of legislation. I have heard my Well, I thought this was the House of Florida Everglades area: pay attention. the people and that we are supposed to colleagues say we are working on a This is a Federal precedent. It allows piece of legislation, maybe by next be working together. That is why we the Federal Government to come and have such a low ranking in the view of week. take your water. Is that what you Mr. Chairman, I want to make this the American public—we continually want? I don’t think so. fight against each other. point. This is very specific. Introducing So I ask the Members of the other We need to sit in dialogue and be able a piece of legislation is not legislating. side of the aisle, please consider what to converse—at least agree on things Legislating is when you pass a piece of this bill contains, please vote the right that are necessary—to be able to help legislation out of your respective way. We should be addressing water ef- our country back on its feet instead of House, and I think that is what the ficiency, storage, reuse and recycling, fighting over what is not necessarily Fresno Bee is saying right here when water management, innovative water fightable about. they tell Senator FEINSTEIN and others projects, and a long-term approach to Mr. HASTINGS, the chairman, talked that they need to step up on this and water shortages. pass some legislation. All H.R. 3964 ensures is that more about the resolutions of past legisla- Listen, I am sure that legislation will water is shipped out of the delta, turn- tion. Like anything else, we don’t get be different than this. We have heard ing this precious estuary into a salty, information about many of the bills from my colleagues on the other side of stagnant marsh, devastating local until last minute. I cannot get any the aisle. That is fine. I can take it, economies, and costing the delta region hearings on some of my bills, and nei- and, I dare say, my California col- thousands of jobs. ther can some of my members get hear- leagues can take it, too, and then we We should stand united in preventing ings in the subcommittee or the full can work out the difference. But we this legislation from ever becoming committee for being able to address don’t know what your position is. law. I urge my colleagues to oppose some of these issues that have come up H.R. 3964. on water. b 1545 The CHAIR. Members are advised to In summary, we have, of course, this Mr. Chairman, I think this is a good address their comments to the Chair bill that repeals historic California piece of legislation. The last Congress and not to others in the second person. water rights; overturns 20 years of en- acted on it, and it should act on it Mr. HASTINGS of Washington. Mr. vironmental and conservation protec- again. Chairman, I yield myself such time as tions; ignores best available science; I reserve the balance of my time. I may consume. repeals the court ordered San Joaquin

VerDate Mar 15 2010 03:58 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.046 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1624 CONGRESSIONAL RECORD — HOUSE February 5, 2014 Restoration Settlement Act; preempts ment: the Bay-Delta Accord. It was What about property rights? What California State law; and creates no more than just Republicans and Demo- about responsibility? What about a new water. crats agreeing. It was environmental- broken system? Mr. Chairman, I would like to enter a ists, farmers, water users. Everybody So what does this bill actually do? Statement of Administration Policy: came to an agreement. But that bond Well, first and foremost, it puts fami- The administration strongly opposes H.R. was broken. lies before fish. It goes back to an 3964, the Emergency Water Delivery Act, be- The reason we debate this is water is agreement that everybody agreed upon, cause it would not alleviate the effects of so precious. Most of the snowpack and it moves us in a place where we California’s current drought and would dis- comes from the north and travels down can prepare. rupt decades of work that supports building Standing defenselessly in the face of consensus, solutions, and settlements that to the south. We have a State water equitably address some of California’s most project that—which is a little ironic— future droughts is not a noble gesture. complex water challenges. California is expe- Governor Brown, when his father was It is actually insanity. riencing severe drought conditions and low Governor built more than 50 years ago. Today, this House will act again, be- reservoir storage. The urgency and serious- There have always been allocations to cause we would not be in the dryer ness of the situation requires a balanced ap- send it down south. This year they place that we are today had the Senate proach that promotes water reliability and made history. In the history of the taken up the bill we acted on in the ecosystem restoration. water project, the allocation is zero— last Congress. Why? Because this It ends with: zero. House believes and understood and For these reasons, if the President were When you are growing up you study learned the lessons of the fables be- presented with H.R. 3964, his senior advisors history. There are always those fore—that we prepare. But the Senate, would recommend that he veto the bill. Aesop’s Fables. Do you remember in the grasshopper style, stood idly by. Mr. Chairman, I urge my colleagues Aesop? He was that slave in ancient Our Senators—California is pretty to vote ‘‘no’’ on this very dangerous Greece that would tell these tales to powerful in the Senate. Mr. Chairman, precedent for not only my State of teach about a moral lesson. I will say California has two Senators California but for the rest of the Na- One of those fables talked about the that are chairs of committees. There tion. ant and the grasshopper, where the ant was an opportunity to act. I yield back the balance of my time. during summertime, because he knew What is unique in this form of gov- Mr. HASTINGS of Washington. Mr. winter would come, would go out and ernment and what we have, the great- Chairman, I am very pleased to yield work hard and store food for the win- est in the world, we have two Houses. the balance of my time to the gen- ter. Not the grasshopper. He would be It doesn’t mean both Houses have to tleman from California (Mr. MCCAR- idle out there in the summer enjoying agree at the very beginning. It does THY), the majority whip. life, and hopefully nothing bad ever mean that you take action and show Mr. MCCARTHY of California. Mr. happened. where you stand, just like the House Chairman, I want to thank Congress- Well, over the years, government reg- did 2 years ago. The Senate took no man VALADAO, Congressman NUNES, ulation has made it harder. Govern- stance, so how do we know where they and all of the delegation for their work ment regulation has changed the Bay- stand? when it comes to water. Well, we will act again. The Senate The news from California is not Delta Accord. It is safe to say, environ- mentalists have sued. Environmental- needs to act, show us where they stand, bright. The current news: our drought go to conference, and stand up for the is the worst in a century. Governor ists have decided that fish are more im- portant than those who are unem- families of California. This has gone on Brown has declared a state of emer- too long. We do not have to be in the gency because of the drought. Our ployed; that maybe they come before the individual. situation we stand in today. There are water storage is at near empty. Farm- families that did not have to be unem- land is going fallow. Drinking water is What does that mean? Since 2007, the State Water Project has lost 2.6 million ployed had we acted in the Senate, threatened. The State actually says in based upon what we did. There are its latest report that 17 communities acre feet because of these policies. Now, what does that mean, 2.6 million communities that would not have had can go dry in 4 months. In the absence to go dry had we acted before. of God our options are limited to ease acre feet? That means that is enough for the annual water needs of every So enough of rhetoric, enough of the this pain. It didn’t have to be this way. fights; the time is now. As the Sun sets But why are we here today and why are resident in Los Angeles, New York, and Chicago combined. today, a bill will be out of this House, we debating this bill? but still nothing is even introduced in Where did that water go? Out to the Well, without action farms are going the Senate. ocean. Why would we send it out to the to go fallow. So what does that mean Mr. Chairman, I implore, don’t make ocean when we could store it for the for the rest of the Nation? A lot of peo- California hurt anymore. drought that we knew would happen? ple don’t look at what happens Mr. HASTINGS OF Washington. Mr. throughout California and the Central There is nothing that illustrates this Chairman, I yield back the balance of Valley. Most of the produce is produced broken system more than just 3 years my time. there for the Nation and the world. If ago. You have all seen those photos you just look at a few: 94 percent of all that people have shown down here on b 1600 tomatoes, 93 percent of all broccoli, 89 TV of California when it had a The CHAIR. All time for general de- percent of all carrots, 78 percent of all snowpack and California today when it bate has expired. lettuce. So that means prices will go is all dry. Just 3 years ago, do you Pursuant to the rule, the bill shall be up. know what that snowpack was? More considered for amendment under the 5- It also means you are going to buy than 170 percent. Boy, that would be a minute rule. that produce somewhere else. You are good year to be an ant, that would be It shall be in order to consider as an going to buy it overseas: maybe China, a good year to send it down, that would original bill for the purpose of amend- maybe Mexico. What about the food be a good year to store for today so ment under the 5-minute rule an safety? More importantly, what about those communities would not go dry or amendment in the nature of a sub- those jobs? What about those workers? that land would not go fallow. That stitute consisting of the text of Rules Just a few short years ago, unem- wasn’t the case. Do you know what the Committee Print 113–34. That amend- ployment in some of these cities were allocation was when we had 170 percent ment in the nature of a substitute shall 40 percent. It is already more than 10. of snowpack? Eighty percent. be considered as read. The worst part of all this is it didn’t Do you know what is unjust in all of The text of the amendment in the na- have to be this way. We could plan for this? This year when we get zero per- ture of a substitute is as follows: it. cent, or when we got 80 percent of allo- H.R. 3964 I have heard colleagues talk about cation, the bill was always the same: Be it enacted by the Senate and House of Rep- this, Mr. Chairman, that back in 1994 you paid 100 percent, regardless of what resentatives of the United States of America in we actually had a bipartisan agree- allocation you got. Congress assembled,

VerDate Mar 15 2010 03:58 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4636 Sfmt 6333 E:\CR\FM\K05FE7.047 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1625 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (1) by amending subsection (a) to read as fol- 1992, is valid, and such transfers, exchanges, or (a) SHORT TITLE.—This Act may be cited as lows: arrangements shall not be subject to, limited, or the ‘‘Sacramento-San Joaquin Valley Emer- ‘‘(a) the term ‘anadromous fish’ means those conditioned by this title; and gency Water Delivery Act’’. native stocks of salmon (including steelhead) ‘‘(B) this title shall not supersede or revoke (b) TABLE OF CONTENTS.—The table of con- and sturgeon that, as of October 30, 1992, were the authority to transfer, exchange, bank, or re- tents for this Act is as follows: present in the Sacramento and San Joaquin Riv- charge Central Valley Project water that existed Sec. 1. Short title; table of contents. ers and their tributaries and ascend those rivers prior to October 30, 1992.’’. TITLE I—CENTRAL VALLEY PROJECT and their tributaries to reproduce after matur- (2) In subsection (b)— (A) in the heading, by striking ‘‘METERING’’ WATER RELIABILITY ing in San Francisco Bay or the Pacific Ocean;’’; and inserting ‘‘MEASUREMENT’’; and Sec. 101. Amendment to purposes. (2) in subsection (l), by striking ‘‘and,’’ (B) by inserting after the first sentence the Sec. 102. Amendment to definition. (3) in subsection (m), by striking the period following: ‘‘The contracting district or agency, Sec. 103. Contracts. and inserting ‘‘; and’’, and not including contracting districts serving mul- Sec. 104. Water transfers, improved water man- (4) by adding at the end the following: tiple agencies with separate governing boards, agement, and conservation. ‘‘(n) the term ‘reasonable flows’ means water shall ensure that all contractor-owned water de- Sec. 105. Fish, wildlife, and habitat restoration. flows capable of being maintained taking into livery systems within its boundaries measure Sec. 106. Restoration fund. account competing consumptive uses of water surface water at the district or agency’s facili- Sec. 107. Additional authorities. and economic, environmental, and social fac- ties up to the point the surface water is commin- Sec. 108. Bay-Delta Accord. gled with other water supplies.’’. Sec. 109. Natural and artificially spawned spe- tors.’’. SEC. 103. CONTRACTS. (3) By striking subsection (d). cies. (4) By redesignating subsections (e) and (f) as Sec. 110. Authorized service area. Section 3404 of the Central Valley Project Im- provement Act (106 Stat. 4708) is amended— subsections (d) and (e), respectively. Sec. 111. Regulatory streamlining. (5) By amending subsection (e)(as redesig- Sec. 112. Warren Act contracts. (1) in the heading, by striking ‘‘LIMITATION ON nated by paragraph (4))— CONTRACTING AND CONTRACT REFORM’’ and in- Sec. 113. Additional Warren Act contracts. (A) by striking ‘‘as a result of the increased Sec. 114. Pilot Program to Protect Native Anad- serting ‘‘CONTRACTS’’; and repayment’’ and inserting ‘‘that exceed the cost- romous Fish in the Stanislaus (2) by striking the language of the section and by adding: of-service’’; River. (B) by inserting ‘‘the delivery of’’ after ‘‘rates Sec. 115. San Luis Reservoir. ‘‘(a) RENEWAL OF EXISTING LONG-TERM CON- applicable to’’; and TRACTS.—Upon request of the contractor, the TITLE II—SAN JOAQUIN RIVER (C) by striking ‘‘, and all increased revenues Secretary shall renew any existing long-term re- RESTORATION received by the Secretary as a result of the in- payment or water service contract that provides Sec. 201. Repeal of the San Joaquin River set- creased water prices established under sub- for the delivery of water from the Central Valley tlement. section 3405(d) of this section,’’. Project for a period of 40 years. Sec. 202. Purpose. SEC. 105. FISH, WILDLIFE, AND HABITAT RES- ‘‘(b) ADMINISTRATION OF CONTRACTS.—Except Sec. 203. Definitions. TORATION. as expressly provided by this Act, any existing Sec. 204. Implementation of restoration. Section 3406 of the Central Valley Project Im- long-term repayment or water service contract Sec. 205. Disposal of property; title to facilities. provement Act (106 Stat. 4714) is amended as fol- for the delivery of water from the Central Valley Sec. 206. Compliance with applicable law. lows: Project shall be administered pursuant to the Sec. 207. Compliance with Central Valley (1) In subsection (b)— Act of July 2, 1956 (70 Stat. 483). Project Improvement Act. (A) in paragraph (1)(B)— ELIVERY CHARGE.—Beginning on the Sec. 208. No private right of action. ‘‘(c) D (i) by striking ‘‘is authorized and directed to’’ date of the enactment of this Act, a contract en- Sec. 209. Implementation. and inserting ‘‘may’’; Sec. 210. Repayment contracts and acceleration tered into or renewed pursuant to this section (ii) by inserting ‘‘reasonable water’’ after ‘‘to of repayment of construction shall include a provision that requires the Sec- provide’’; costs. retary to charge the other party to such con- (iii) by striking ‘‘anadromous fish, except that Sec. 211. Repeal. tract only for water actually delivered by the such’’ and inserting ‘‘anadromous fish. Such’’; Sec. 212. Water supply mitigation. Secretary.’’. (iv) by striking ‘‘Instream flow’’ and inserting Sec. 213. Additional Authorities. SEC. 104. WATER TRANSFERS, IMPROVED WATER ‘‘Reasonable instream flow’’; TITLE III—REPAYMENT CONTRACTS AND MANAGEMENT, AND CONSERVATION. (v) by inserting ‘‘and the National Marine ACCELERATION OF REPAYMENT OF CON- Section 3405 of the Central Valley Project Im- Fisheries Service’’ after ‘‘United States Fish and STRUCTION COSTS provement Act (106 Stat. 4709) is amended as fol- Wildlife Service’’; and lows: Sec. 301. Repayment contracts and acceleration (vi) by striking ‘‘California Department of (1) In subsection (a)— Fish and Game’’ and inserting ‘‘United States of repayment of construction (A) by inserting before ‘‘Except as provided costs. Geological Survey’’; herein’’ the following: ‘‘The Secretary shall take (B) in paragraph (2)— TITLE IV—BAY-DELTA WATERSHED all necessary actions to facilitate and expedite (i) by striking ‘‘primary purpose’’ and insert- WATER RIGHTS PRESERVATION AND transfers of Central Valley Project water in ac- ing ‘‘purposes’’; PROTECTION cordance with this Act or any other provision of (ii) by striking ‘‘but not limited to’’ before Sec. 401. Water rights and area-of-origin pro- Federal reclamation law and the National Envi- ‘‘additional obligations’’; and tections. ronmental Policy Act of 1969.’’; (iii) by adding after the period the following: Sec. 402. Sacramento River settlement contracts. (B) in paragraph (1)(A), by striking ‘‘to com- ‘‘All Central Valley Project water used for the Sec. 403. Sacramento River Watershed Water bination’’ and inserting ‘‘or combination’’; purposes specified in this paragraph shall be Service Contractors. (C) in paragraph (2), by adding at the end the credited to the quantity of Central Valley Sec. 404. No redirected adverse impacts. following: Project yield dedicated and managed under this TITLE V—MISCELLANEOUS ‘‘(E) The contracting district from which the paragraph by determining how the dedication Sec. 501. Precedent. water is coming, the agency, or the Secretary and management of such water would affect the Sec. 502. No effect on Proclamation of State of shall determine if a written transfer proposal is delivery capability of the Central Valley Project Emergency. complete within 45 days after the date of sub- during the 1928 to 1934 drought period after Sec. 503. Wild and Scenic Rivers Act. mission of such proposal. If such district or fishery, water quality, and other flow and oper- agency or the Secretary determines that such ational requirements imposed by terms and con- TITLE I—CENTRAL VALLEY PROJECT proposal is incomplete, such district or agency ditions existing in licenses, permits, and other WATER RELIABILITY or the Secretary shall state with specificity what agreements pertaining to the Central Valley SEC. 101. AMENDMENT TO PURPOSES. must be added to or revised in order for such Project under applicable State or Federal law Section 3402 of the Central Valley Project Im- proposal to be complete. existing on October 30, 1992, have been met. To provement Act (106 Stat. 4706) is amended— ‘‘(F) Except as provided in this section, the the fullest extent possible and in accordance (1) in subsection (f), by striking the period at Secretary shall not impose mitigation or other with section 3411, Central Valley Project water the end; and requirements on a proposed transfer, but the dedicated and managed pursuant to this para- (2) by adding at the end the following: contracting district from which the water is graph shall be reused to fulfill the Secretary’s ‘‘(g) to ensure that water dedicated to fish coming or the agency shall retain all authority remaining contractual obligations to provide and wildlife purposes by this title is replaced under State law to approve or condition a pro- Central Valley Project water for agricultural or and provided to Central Valley Project water posed transfer.’’; and municipal and industrial purposes.’’; contractors by December 31, 2018, at the lowest (D) by adding at the end the following: (C) by amending paragraph (2)(C) to read: cost reasonably achievable; and ‘‘(4) Notwithstanding any other provision of ‘‘(C) If by March 15th of any year the quan- ‘‘(h) to facilitate and expedite water transfers Federal reclamation law— tity of Central Valley Project water forecasted in accordance with this Act.’’. ‘‘(A) the authority to make transfers or ex- to be made available to water service or repay- SEC. 102. AMENDMENT TO DEFINITION. changes of, or banking or recharge arrange- ment contractors in the Delta Division of the Section 3403 of the Central Valley Project Im- ments using, Central Valley Project water that Central Valley Project is below 75 percent of the provement Act (106 Stat. 4707) is amended— could have been conducted before October 30, total quantity of water to be made available

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under said contracts, the quantity of Central ‘‘(2) DUTIES.—The duties of the Advisory ERAL.—In order to minimize adverse effects Valley Project yield dedicated and managed for Board are as follows: upon’’. that year under this paragraph shall be reduced ‘‘(A) To meet at least semiannually to develop (3) By striking ‘‘needs, the Secretary,’’ and all by 25 percent.’’. and make recommendations to the Secretary re- that follows through ‘‘submit to the Congress, (2) By adding at the end the following: garding priorities and spending levels on a’’ and inserting ‘‘needs, the Secretary, on a ‘‘(i) SATISFACTION OF PURPOSES.—By pursuing projects and programs carried out pursuant to priority basis and not later than September 30, the activities described in this section, the Sec- the Central Valley Project Improvement Act. 2015, shall submit to Congress a’’. retary shall be deemed to have met the mitiga- ‘‘(B) To ensure that any advice or rec- (4) By striking ‘‘increase,’’ and all that fol- tion, protection, restoration, and enhancement ommendation made by the Advisory Board to lows through ‘‘options:’’ and inserting ‘‘in- purposes of this title.’’. the Secretary reflect the independent judgment crease, as soon as possible but not later than SEC. 106. RESTORATION FUND. of the Advisory Board. September 30, 2018 (except for the construction (a) IN GENERAL.—Section 3407(a) of the Cen- ‘‘(C) Not later than December 31, 2015, and of new facilities which shall not be limited by tral Valley Project Improvement Act (106 Stat. annually thereafter, to transmit to the Secretary that deadline), the water of the Central Valley 4726) is amended as follows: and Congress recommendations required under Project by the amount dedicated and managed (1) By inserting ‘‘(1) IN GENERAL.—’’ before subparagraph (A). for fish and wildlife purposes under this title ‘‘There is hereby’’. ‘‘(D) Not later than December 31, 2015, and bi- and otherwise required to meet the purposes of (2) By striking ‘‘Not less than 67 percent’’ and ennially thereafter, to transmit to Congress a re- the Central Valley Project including satisfying all that follows through ‘‘Monies’’ and inserting port that details the progress made in achieving contractual obligations. The plan required by ‘‘Monies’’. the actions mandated under section 3406 of this this subsection shall include recommendations (3) By adding at the end the following: title. on appropriate cost-sharing arrangements and ‘‘(2) PROHIBITIONS.—The Secretary may not ‘‘(3) ADMINISTRATION.—With the consent of authorizing legislation or other measures needed directly or indirectly require a donation or other the appropriate agency head, the Advisory to implement the intent, purposes, and provi- payment to the Restoration Fund— Board may use the facilities and services of any sions of this subsection and a description of how ‘‘(A) or environmental restoration or mitiga- Federal agency.’’. the Secretary intends to use the following op- tion fees not otherwise provided by law, as a SEC. 107. ADDITIONAL AUTHORITIES. tions—’’. condition to— (a) AUTHORITY FOR CERTAIN ACTIVITIES.—Sec- (5) In subparagraph (A), by inserting ‘‘and ‘‘(i) providing for the storage or conveyance of tion 3408(c) of the Central Valley Project Im- construction of new water storage facilities’’ be- non-Central Valley Project water pursuant to provement Act (106 Stat. 4728) is amended to fore the semicolon. Federal reclamation laws; or read as follows: (6) In subparagraph (F), by striking ‘‘and’’ at ‘‘(ii) the delivery of water pursuant to section ‘‘(c) CONTRACTS FOR ADDITIONAL STORAGE the end. 215 of the Reclamation Reform Act of 1982 (Pub- AND DELIVERY OF WATER.— (7) In subparagraph (G), by striking the pe- lic Law 97–293; 96 Stat. 1270); or ‘‘(1) IN GENERAL.—The Secretary is authorized riod and all that follows through the end of the ‘‘(B) for any water that is delivered with the subsection and inserting ‘‘; and’’. sole intent of groundwater recharge.’’. to enter into contracts pursuant to Federal rec- lamation law and this title with any Federal (8) By inserting after subparagraph (G) the (b) CERTAIN PAYMENTS.—Section 3407(c)(1) of following: the Central Valley Project Improvement Act is agency, California water user or water agency, State agency, or private organization for the ex- ‘‘(H) Water banking and recharge.’’. amended— (9) By adding at the end the following: (1) by striking ‘‘mitigation and restoration’’; change, impoundment, storage, carriage, and ‘‘(2) IMPLEMENTATION OF PLAN.—The Sec- (2) by striking ‘‘provided for or’’; and delivery of nonproject water for domestic, mu- retary shall implement the plan required by (3) by striking ‘‘of fish, wildlife’’ and all that nicipal, industrial, fish and wildlife, and any paragraph (1) commencing on October 1, 2015. follows through the period and inserting ‘‘of other beneficial purpose. In order to carry out this subsection, the Sec- carrying out all activities described in this ‘‘(2) LIMITATION.—Nothing in this subsection retary shall coordinate with the State of Cali- title.’’. shall be deemed to supersede the provisions of fornia in implementing measures for the long- (c) ADJUSTMENT AND ASSESSMENT OF MITIGA- section 103 of Public Law 99–546 (100 Stat. 3051). term resolution of problems in the San Francisco TION AND RESTORATION PAYMENTS.—Section ‘‘(3) AUTHORITY FOR CERTAIN ACTIVITIES.— 3407(d)(2) of the Central Valley Project Improve- The Secretary shall use the authority granted Bay/Sacramento-San Joaquin Delta Estuary. AILURE OF THE PLAN.—Notwithstanding ment Act is amended by inserting ‘‘, or after Oc- by this subsection in connection with requests to ‘‘(3) F any other provision of Federal reclamation law, tober 1, 2015, $4 per megawatt-hour for Central exchange, impound, store, carry, or deliver non- if by September 30, 2018, the plan required by Valley Project power sold to power contractors project water using Central Valley Project fa- paragraph (1) fails to increase the annual deliv- (October 2015 price levels)’’ after ‘‘$12 per acre- cilities for any beneficial purpose. ery capability of the Central Valley Project by foot (October 1992 price levels) for municipal ‘‘(4) RATES.—The Secretary shall develop 800,000 acre-feet, implementation of any non- and industrial water sold and delivered by the rates not to exceed the amount required to re- mandatory action under section 3406(b)(2) shall Central Valley Project’’. cover the reasonable costs incurred by the Sec- be suspended until the plan achieves an in- (d) COMPLETION OF ACTIONS.—Section retary in connection with a beneficial purpose 3407(d)(2)(A) of the Central Valley Project Im- under this subsection. Such rates shall be crease in the annual delivery capability of the provement Act is amended by inserting ‘‘no later charged to a party using Central Valley Project Central Valley Project by 800,000 acre-feet.’’. than December 31, 2020,’’ after ‘‘That upon the facilities for such purpose. Such costs shall not (d) TECHNICAL CORRECTION.—Section 3408(h) completion of the fish, wildlife, and habitat include any donation or other payment to the of the Central Valley Project Improvement Act mitigation and restoration actions mandated Restoration Fund. (106 Stat. 4729) is amended— under section 3406 of this title,’’. ‘‘(5) CONSTRUCTION.—This subsection shall be (1) in paragraph (1), by striking ‘‘paragraph (e) REPORT; ADVISORY BOARD.—Section 3407 construed and implemented to facilitate and en- (h)(2)’’ and inserting ‘‘paragraph (2)’’; and of the Central Valley Project Improvement Act courage the use of Central Valley Project facili- (2) in paragraph (2), by striking ‘‘paragraph (106 Stat. 4714) is amended by adding at the end ties to exchange, impound, store, carry, or de- (h)(i)’’ and inserting ‘‘paragraph (1)’’. the following: liver nonproject water for any beneficial pur- (e) WATER STORAGE PROJECT CONSTRUC- ‘‘(g) REPORT ON EXPENDITURE OF FUNDS.—At pose.’’. TION.—The Secretary, acting through the Com- the end of each fiscal year, the Secretary, in (b) REPORTING REQUIREMENTS.—Section missioner of the Bureau of Reclamation, may consultation with the Restoration Fund Advi- 3408(f) of the Central Valley Project Improve- partner or enter into an agreement on the water sory Board, shall submit to Congress a plan for ment Act (106 Stat. 4729) is amended— storage projects identified in section 103(d)(1) of the expenditure of all of the funds deposited (1) by striking ‘‘Interior and Insular Affairs the Water Supply Reliability, and Environ- into the Restoration Fund during the preceding and the Committee on Merchant Marine and mental Improvement Act (Public Law 108– fiscal year. Such plan shall contain a cost-effec- Fisheries’’ and inserting ‘‘Natural Resources’’; 361)(and Acts supplemental and amendatory to tiveness analysis of each expenditure. (2) in the second sentence, by inserting before the Act) with local joint powers authorities ‘‘(h) ADVISORY BOARD.— the period at the end the following: ‘‘, including formed pursuant to State law by irrigation dis- ‘‘(1) ESTABLISHMENT.—There is hereby estab- progress on the plan required by subsection (j)’’; tricts and other local water districts and local lished the Restoration Fund Advisory Board and governments within the applicable hydrologic (hereinafter in this section referred to as the (3) by adding at the end the following: ‘‘The region, to advance these projects. No additional ‘Advisory Board’) composed of 12 members se- filing and adequacy of such report shall be per- Federal funds are authorized for the activities lected by the Secretary, each for four-year sonally certified to the Committees referenced authorized in sections 103(d)(1)(A)(i), terms, one of whom shall be designated by the above by the Regional Director of the Mid-Pa- 103(d)(1)(A)(ii), and 103(d)(1)(A)(iii) of Public Secretary as Chairman. The members shall be cific Region of the Bureau of Reclamation.’’. Law 108–361. However, each water storage selected so as to represent the various Central (c) PROJECT YIELD INCREASE.—Section 3408(j) project under sections 103(d)(1)(A)(i), Valley Project stakeholders, four of whom shall of the Central Valley Project Improvement Act 103(d)(1)(A)(ii), and 103(d)(1)(A)(iii) of Public be from CVP agricultural users, three from CVP (106 Stat. 4730) is amended as follows: Law 108–361 is authorized for construction if municipal and industrial users, three from CVP (1) By redesignating paragraphs (1) through non-Federal funds are used for financing and power contractors, and two at the discretion of (7) as subparagraphs (A) through (G), respec- constructing the project. the Secretary. The Secretary and the Secretary tively. SEC. 108. BAY-DELTA ACCORD. of Commerce may each designate a representa- (2) By striking ‘‘In order to minimize adverse (a) CONGRESSIONAL DIRECTION REGARDING tive to act as an observer of the Advisory Board. effects, if any, upon’’ and inserting ‘‘(1) IN GEN- CENTRAL VALLEY PROJECT AND CALIFORNIA

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STATE WATER PROJECT OPERATIONS.—The Cen- imposed upon agricultural deliveries of Central instream use in the Stanislaus River, the San tral Valley Project and the State Water Project Valley Project water. If any additional infra- Joaquin River, or the Sacramento-San Joaquin shall be operated pursuant to the water quality structure or related-costs are needed to imple- River Delta; and standards and operational constraints described ment this section, such costs shall be the respon- (B) any water impounded and stored by either in the ‘‘Principles for Agreement on the Bay- sibility of the non-Federal entity. district shall not be released or withdrawn if the Delta Standards Between the State of California SEC. 111. REGULATORY STREAMLINING. end of month September storage level for New and the Federal Government’’ dated December (a) APPLICABILITY OF CERTAIN LAWS.—Filing Melones Reservoir is projected to be equal to or 15, 1994, and such operations shall proceed of a Notice of Determination or a Notice of Ex- below 300,000 acre-feet, but in such event the im- without regard to the Endangered Species Act of emption for any project, including the issuance pounded and stored water shall be retained in 1973 (16 U.S.C. 1531 et seq.) or any other law of a permit under State law, related to any the New Melones Reservoir for use by the dis- pertaining to the operation of the Central Val- project of the CVP or the delivery of water tricts in the following year, subject to the same ley Project and the California State Water therefrom in accordance with the California En- 300,000 acre-foot minimum storage requirement, Project. Implementation of this section shall be vironmental Quality Act shall be deemed to meet and without additional payment being required. in strict conformance with the ‘‘Principles for the requirements of section 102(2)(C) of the Na- (c) CONSERVATION ACCOUNT.—Any water im- Agreement on the Bay-Delta Standards Between tional Environmental Protection Act of 1969 (42 pounded and stored in the New Melones Res- the State of California and the Federal Govern- U.S.C. 4332(2)(C)) for that project or permit. ervoir by either district under the contract shall ment’’ dated December 15, 1994. (b) CONTINUATION OF PROJECT.—The Bureau not be considered or accounted as water placed (b) APPLICATION OF LAWS TO OTHERS.—Nei- of Reclamation shall not be required to cease or in the districts’ conservation account, as that ther a Federal department nor the State of Cali- modify any major Federal action or other activ- account is defined and explained in the August fornia, including any agency or board of the ity related to any project of the CVP or the de- 30, 1988 Stipulation and Agreement entered into State of California, shall impose on any water livery of water there from pending completion of by and between the Bureau of Reclamation and right obtained pursuant to State law, including judicial review of any determination made the districts. a pre-1914 appropriative right, any condition under the National Environmental Protection SEC. 113. ADDITIONAL WARREN ACT CONTRACTS. that restricts the exercise of that water right in Act of 1969 (42 U.S.C. 4332(2)(C)). (a) ) IN GENERAL.—Not later than 30 days order to conserve, enhance, recover or otherwise (c) PROJECT DEFINED.—For the purposes of after the date of the enactment of this Act, the protect any species that is affected by oper- this section: Secretary of the Interior shall develop and offer ations of the Central Valley Project or Cali- (1) CVP.—The term ‘‘CVP’’ means the Central to the Calaveras County Water District (here- fornia State Water Project. Nor shall the State Valley Project. after in this section referred to as the ‘‘CCWD’’) of California, including any agency or board of (2) PROJECT.—The term ‘‘project’’— a contract enabling the CCWD to impound and the State of California, restrict the exercise of (A) means an activity that— store up to 100,000 acre-feet of their Stanislaus any water right obtained pursuant to State law, (i) is undertaken by a public agency, funded River water rights in the New Melones Reservoir including a pre-1914 appropriative right, in by a public agency, or that requires an issuance in accordance with the terms and conditions of order to protect, enhance, or restore under the of a permit by a public agency; sections 1 through 3 of the Act of February 21, Public Trust Doctrine any public trust value. (ii) has a potential to result in physical 1911 (43 U.S.C. 523–525; commonly known as the Implementation of the ‘‘Principles for Agree- change to the environment; and ‘‘Warren Act’’). This stored water may be ob- ment on the Bay-Delta Standards Between the (iii) may be subject to several discretionary tained for use by CCWD at a point, or points de- State of California and the Federal Govern- approvals by governmental agencies; termined convenient to the District. ment’’ dated December 15, 1994, shall be in strict (B) may include construction activities, clear- (b) TERMS AND CONDITIONS.—The terms and compliance with the water rights priority system ing or grading of land, improvements to existing conditions of any contract entered into under and statutory protections for areas of origin. structures, and activities or equipment involving subsection (a) shall— (c) COSTS.—No cost associated with the imple- the issuance of a permit; or (1) be for a term of not less than 10 years; and mentation of this section shall be imposed di- (C) as defined under the California Environ- (2) expressly provide that— rectly or indirectly on any Central Valley mental Quality Act in section 21065 of the Cali- (A) the CCWD may use any water impounded Project contractor, or any other person or enti- fornia Public Resource Code. and stored in the New Melones Reservoir for ty, unless such costs are incurred on a vol- SEC. 112. WARREN ACT CONTRACTS. any legal purpose under California law, includ- untary basis. (a) IN GENERAL.—Not later than 30 days after ing use within the boundaries of the CCWD, (d) NATIVE SPECIES PROTECTION.—California the date of the enactment of this Act, the Sec- transfer to and reasonable and beneficial use by law is preempted with respect to any restriction retary of the Interior shall offer to the Oakdale a person or entity not located within the bound- on the quantity or size of nonnative fish taken Irrigation District and the South San Joaquin aries of CCWD, and for instream use in the or harvested that preys upon one or more native Irrigation District (hereafter in this section re- Stanislaus River, the San Joaquin River, or the fish species that occupy the Sacramento and ferred to as the ‘‘districts’’) a contract enabling Sacramento-San Joaquin River Delta; and San Joaquin Rivers and their tributaries or the the districts to collectively impound and store (B) any water impounded and stored by either Sacramento-San Joaquin Rivers Delta. up to 200,000 acre-feet of their Stanislaus River district shall not be released or withdrawn if the SEC. 109. NATURAL AND ARTIFICIALLY SPAWNED water rights in the New Melones Reservoir in end of month September storage level for New SPECIES. accordance with the terms and conditions of Melones Reservoir is projected to be equal to or After the date of the enactment of this title, sections 1 through 3 of the Act of February 21, below 300,000 acre-feet, but in such event the im- and regardless of the date of listing, the Secre- 1911 (43 U.S.C. 523–525; commonly known as the pounded and stored water shall be retained in taries of the Interior and Commerce shall not ‘‘Warren Act’’); provided that before offering the New Melones Reservoir for use by the dis- distinguish between natural-spawned and any such contract, the Secretary has determined tricts in the following year, subject to the same hatchery-spawned or otherwise artificially prop- that the amount of water to be impounded and 300,000 acre-foot minimum storage requirement, agated strains of a species in making any deter- stored under the contract will not directly or in- and without additional payment being required. mination under the Endangered Species Act of directly result in any redirected adverse water SEC. 114. PILOT PROGRAM TO PROTECT NATIVE 1973 (16 U.S.C. 1531 et seq.) that relates to any supply or fiscal impacts to any Central Valley ANADROMOUS FISH IN THE anadromous fish species present in the Sac- Project contractor related to the Secretary’s op- STANISLAUS RIVER. ramento and San Joaquin Rivers or their tribu- eration of the Central Valley Project to meet (a) ESTABLISHMENT OF NON-NATIVE PREDATOR taries and ascend those rivers and their tribu- legal obligations imposed by or through any FISH REMOVAL PROGRAM.—The Commissioner taries to reproduce after maturing in San Fran- State or Federal agency, including but not lim- and districts, in consultation with the National cisco Bay or the Pacific Ocean. ited to those legal obligations emanating from Marine Fisheries Service, the United States Fish SEC. 110. AUTHORIZED SERVICE AREA. the Endangered Species Act of 1973 (16 U.S.C. and Wildlife Service, and the California Depart- The authorized service area of the Central 1531, et seq.), the Water Pollution Control Act ment of Fish and Wildlife, shall jointly develop Valley Project shall include the area within the (33 U.S.C. 1251, et seq., commonly known as the and conduct a pilot non-native predator fish re- boundaries of the Kettleman City Community ‘‘Clean Water Act’’ pursuant to the 1977 amend- moval program to remove non-native striped Services District, California, as those boundaries ments, Public Law 95–217), and the Porter-Co- bass, smallmouth bass, largemouth bass, black exist on the date of the enactment of this title. logne Water Quality Control Act (Cal. Water bass, and other non-native predator fishes from Notwithstanding the provisions of the Act of Oc- Code 13000, et seq.). the Stanislaus River. The pilot program shall— tober 30, 1992 (Public Law 102–575, 106 Stat. 4600 (b) TERMS AND CONDITIONS.—The terms and (1) be scientifically based; et seq.), upon enactment of this title, the Sec- conditions of any contract entered into under (2) include methods to quantify the number retary is authorized and directed to enter into a subsection (a) shall— and size of predator fishes removed each year, long-term contract in accordance with the rec- (1) be for a term of not less than 10 years; and the impact of such removal on the overall abun- lamation laws with the Kettleman City Commu- (2) expressly provide that— dance of predator fishes, and the impact of such nity Services District, California, for the deliv- (A) the districts may use any water im- removal on the populations of juvenile anad- ery of up to 900 acre-feet of Central Valley pounded and stored in the New Melones Res- romous fish found in the Stanislaus River by, Project water for municipal and industrial use. ervoir for any legal purpose under California among other things, evaluating the number of The Secretary may temporarily reduce deliveries law, including use within the boundaries of ei- juvenile anadromous fish that migrate past the of the quantity of water made available pursu- ther district, transfer to and reasonable and rotary screw trap located at Caswell; ant to up to 25 percent of such total whenever beneficial use by a person or entity not located (3) use wire fyke trapping, portable resistance reductions due to hydrologic circumstances are within the boundaries of either district, and for board weirs, and boat electrofishing, which are

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the most effective predator collection techniques (1) IN GENERAL.—On or before the 15th day of (j) SUNSET.—The authorities provided under that minimize affects to native anadromous fish; each month, the Commissioner shall post on the this section shall expire seven years after the (4) be developed, including the application for website of the Bureau of Reclamation a tabular implementation of the pilot program. all necessary scientific research and species en- summary of the raw data collected in the prior SEC. 115. SAN LUIS RESERVOIR. hancement permits under section 10(a)(1) of the month. (2) REPORT. In connection with operations of the Central Endangered Species Act of 1973 (16 U.S.C. (2) REPORT.—On or before June 30 of the cal- Valley Project, California, if San Luis Reservoir 1539(a)(1)), for the performance of the pilot pro- endar year following the completion of the pro- does not fill by the last day of February, the gram, not later than 6 months after the date of gram, the Commissioner and districts shall joint- Secretary of the Interior shall permit any entity the enactment of this Act; ly publish a peer reviewed report that— with an agricultural water service or repayment (5) be implemented on the first business day of (A) discusses the findings and conclusions of contract for the delivery of water from the Delta the calendar year following the issuance of all the pilot program; Division or the San Luis Unit to reschedule into necessary scientific research and species en- (B) synthesizes the data collected under para- the immediately following contract year (March hancement permits needed to begin the pilot graph (1); and 1 through the last day of February) any unused program; and (C) makes recommendations for further study Central Valley Project water previously allo- (6) be implemented for a period of seven con- and action. cated for irrigation purposes. If water remaining secutive calendar years. (f) PERMITS PROCESS.— in federal storage in San Luis Reservoir on the (b) MANAGEMENT.—The management of the (1) Not later than 180 days after filing of an last day of February is insufficient to meet all pilot program shall be the joint responsibility of application by the Commissioner and the dis- rescheduling requests, the Secretary shall ap- the Commissioner and the districts. Such parties tricts, the Secretary of the Interior, the Sec- portion, based on contract quantity, among all shall work collaboratively to insure the perform- retary of Commerce, or both, as appropriate, such contractors that request to reschedule ance of the pilot program, and shall discuss and shall issue all necessary scientific research and water all water remaining in San Luis Reservoir agree upon, among other things, changes in the species enhancement permits under section on the last day of February. The Secretary shall structure, management, personnel, techniques, 10(a)(1) of the Endangered Species Act (16 thereafter make all reasonable efforts to make strategy, data collection, reporting and conduct U.S.C. 153(9)(a)(1)), for the performance of the available additional rescheduled water; pro- of the pilot program. pilot program. vided that such efforts shall not interfere with (c) CONDUCT.— (2) Any permit application that is not ap- the Central Valley Project operations in the (1) IN GENERAL.—At the election of the dis- proved by the Secretary of the Interior, Sec- contract year into which Central Valley Project tricts, the pilot program may be conducted by retary of Commerce, or both, as appropriate, for has been rescheduled. their own personnel, qualified private contrac- any reason, within 180 days after receiving the tors hired by the districts, personnel of, on loan application, shall be deemed approved. TITLE II—SAN JOAQUIN RIVER to, or otherwise assigned to the Bureau of Rec- (3) All permits issued shall be in the name of RESTORATION lamation, or a combination thereof. the Bureau of Reclamation and the districts. SEC. 201. REPEAL OF THE SAN JOAQUIN RIVER (2) PARTICIPATION BY THE BUREAU OF REC- (4) Districts may delegate the authority to ad- SETTLEMENT. LAMATION.—In the event the districts elect to minister the permit authority to any qualified As of the date of enactment of this title, the conduct the program using their own personnel private contractor retained in accordance with Secretary shall cease any action to implement or qualified private contractors hired by them, subsection (c). the Stipulation of Settlement (Natural Resources the Commissioner has the option to assign an (5) The pilot program, including amendments Defense Council, et al. v. Kirk Rodgers, et al., employee of, on loan to, or otherwise assigned to thereto by the appropriate Federal and State Eastern District of California, No. Civ. S–88– the Bureau of Reclamation, to be present for all agencies, shall constitute a conservation plan 1658 LKK/GGH). activities performed in the field. Such presence that complies with the requirements of section SEC. 202. PURPOSE. shall insure compliance with the agreed upon 10(a)(2) of the Endangered Species Act of 1973 Section 10002 of the San Joaquin River Res- elements specified in subsection (b). The districts (16 U.S.C. 1539(a)(2)). toration Settlement Act (Public Law 111–11) is shall pay 100 percent of the cost of such partici- (g) NEPA.—Section 102(2)(C) of the National amended by striking ‘‘implementation of the Set- pation as specified in subsection (d). Environmental Policy Act of 1969 (42 U.S.C. tlement’’ and inserting ‘‘restoration of the San (3) TIMING OF ELECTION.—The districts shall 4332(2)(C)) shall not apply with respect to sec- Joaquin River’’. notify the Commissioner of their election on or tion 402 and the issuance of any permit under SEC. 203. DEFINITIONS. before October 15 of each calendar year of the this subsection during the seven year period be- Section 10003 of the San Joaquin River Res- pilot program, which election shall apply to the ginning on the date of the implementation of the toration Settlement Act (Public Law 111–11) is work performed in the subsequent calendar pilot program. amended— year. (h) RESTRICTIONS.—Any restriction imposed (d) FUNDING.— under California law on the catch, take, or har- (1) by striking paragraph (1) and inserting the (1) ANNUAL FUNDING.—The districts shall be vest of any non-native or introduced aquatic or following: responsible for 100 percent of the cost of the terrestrial species that preys upon anadromous ‘‘(1) The term ‘Restoration Flows’ means the pilot program. On or before December 1 of each fish and that occupies or is found in the additional water released or bypassed from year of the pilot program, the Commissioner Stanislaus River is hereby void and is pre- Friant Dam to insure that the target flow enter- shall submit to the districts an estimate of the empted. ing Mendota Pool, located approximately 62 river miles downstream from Friant Dam, does cost to be incurred by the Bureau of Reclama- (i) DEFINITIONS.— For the purposes of this tion in the following calendar year, if any, in- section: not fall below 50 cubic feet per second.’’; cluding the cost of any data collection and post- (1) ANADROMOUS FISH.— (2) by striking paragraph (3) and inserting the ing under subsection (e). If an amount equal to (A) The term ‘‘anadromous fish’’ as applied to following: the estimate is not provided to the reclamation the Stanislaus River and the operation of New ‘‘(3) The term ‘Water Year’ means March 1 fund identified in section 3 of the Act of Feb- Melones— through the last day of February of the fol- ruary 21, 1911 (43 U.S.C. 525), or any other fund (i) means those native stocks of salmon (in- lowing Calendar Year, both dates inclusive.’’; as directed by the Commissioner, by the districts cluding steelhead) that— and on or before December 31 of each year, (a) the (I) as of October 30, 1992 were present in and (3) by adding at the end the following new Bureau of Reclamation shall have no obligation had not been extirpated from the Stanislaus paragraph: to conduct the pilot program activities otherwise River, and ‘‘(4) The term ‘Critical Water Year’ means scheduled, and (b) the districts shall be prohib- (II) which ascend the Stanislaus River to re- when the total unimpaired runoff at Friant ited from conducting any aspect of the pilot pro- produce after maturing in San Francisco Bay or Dam is less than 400,000 acre-feet, as forecasted gram, until full payment is made by the dis- the Pacific Ocean; and as of March 1 of that water year by the Cali- tricts. (ii) does not mean any stock, strain or member fornia Department of Water Resources.’’. (2) ACCOUNTING.—On or before September 1 of of American shad, sockeye salmon, or striped SEC. 204. IMPLEMENTATION OF RESTORATION. each calendar year, the Commissioner shall pro- bass. Section 10004 of the San Joaquin River Res- vide an accounting of the prior calendar year’s (B) The definition of anadromous fish pro- toration Settlement Act (Public Law 111–11) is expenses to the districts. If the estimate paid by vided in section 3403(a) of the Central Valley amended— the districts was less than the actual costs in- Project Improvement Act (Public Law 102–575) (1) in subsection (a)— curred by the Bureau of Reclamation, the dis- shall not apply to the operation of New Melones (A) in the matter preceding paragraph (1), by tricts shall have until September 30 of that cal- Dam and Reservoir, or to any Federal action in striking ‘‘authorized and directed’’ and all that endar year to pay the difference to the reclama- the Stanislaus River. follows through ‘‘in the Settlement:’’ and insert- tion fund. If the estimate paid by the districts (2) COMMISSIONER.—The term ‘‘Commissioner’’ ing ‘‘authorized to carry out the following:’’; was greater than the actual costs incurred by means the Commissioner of the Bureau of Rec- (B) by striking paragraphs (1), (2), (4), and the Bureau of Reclamation, then a credit shall lamation. (5); be provided to the districts, which shall be de- (3) DISTRICTS.—The term ‘‘districts’’ means (C) in paragraph (3)— ducted from the estimate payment the districts the Oakdale Irrigation District and the South (i) by striking ‘‘(3)’’ and inserting ‘‘(1)’’; and must make for the work performed by the Bu- San Joaquin Irrigation District. (ii) by striking ‘‘paragraph 13 of the Settle- reau of Reclamation, if any, in the next cal- (4) PILOT PROGRAM.—The term ‘‘program’’ ment’’ and inserting ‘‘this part’’; and endar year. means the pilot non-native predator removal (D) by adding at the end the following new (e) REPORTING AND EVALUATION.— program established under this section. paragraphs:

VerDate Mar 15 2010 03:58 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4636 Sfmt 6333 E:\CR\FM\A05FE7.016 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1629 ‘‘(2) In each Water Year, commencing in the (8) in subsection (h)— issued by the State Water Resources Control Water Year starting on March 1, 2015— (A) by striking ‘‘INTERIM’’ in the header; Board pursuant to the Porter-Cologne Water ‘‘(A) shall modify Friant Dam operations so as (B) in paragraph (1)— Quality Control Act (California Water Code sec- to release the Restoration Flows for that Water (i) in the matter preceding subparagraph (A), tions 13000 et seq.). Any such order shall be con- Year, except in any Critical Water Year; by striking ‘‘Interim Flows under the Settle- sistent with the congressional authorization for ‘‘(B) shall ensure that the release of Restora- ment’’ and inserting ‘‘Restoration Flows under any affected Federal facility as it pertains to tion Flows are maintained at the level pre- this part’’; the Central Valley Project. scribed by this part, but that Restoration Flows (ii) in subparagraph (C)— ‘‘(n) PROJECT IMPLEMENTATION.—Projects to do not reach downstream of Mendota Pool; (I) in clause (i), by striking ‘‘Interim’’ and in- implement this title shall be phased such that ‘‘(C) shall release the Restoration Flows in a serting ‘‘Restoration’’; and each project shall follow the sequencing identi- manner that improves the fishery in the San (II) in clause (ii), by inserting ‘‘and’’ after the fied below and include at least the— Joaquin River below Friant Dam, but upstream semicolon; ‘‘(1) project purpose and need; of Gravelly Ford in existence as of the date of (iii) in subparagraph (D), by striking ‘‘and’’ ‘‘(2) identification of mitigation measures; the enactment of this part, and the associated at the end; and ‘‘(3) appropriate environmental review; and riparian habitat; and (iv) by striking subparagraph (E); ‘‘(4) prior to releasing Restoration Flows ‘‘(D) may, without limiting the actions re- (C) in paragraph (2)— under this part, the Secretary shall— quired under paragraphs (A) and (C) and sub- (i) by striking ‘‘Interim’’ and inserting ‘‘Res- ‘‘(A) complete the implementation of mitiga- ject to subsections 10004(a)(3) and 10004(l), use toration’’; tion measures required; and the Restoration Flows to enhance or restore a (ii) by striking subparagraph (A); and ‘‘(B) complete implementation of the project.’’. warm water fishery downstream of Gravelly (iii) by striking ‘‘(B) exceed’’ and inserting SEC. 205. DISPOSAL OF PROPERTY; TITLE TO FA- Ford to and including Mendota Pool, if the Sec- ‘‘exceed’’; CILITIES. retary determines that it is reasonable, prudent, (D) in paragraph (3), by striking ‘‘Interim’’ Section 10005 of the San Joaquin River Res- and feasible to do so; and and inserting ‘‘Restoration’’; and toration Settlement Act (Public Law 111–11) is ‘‘(3) Not later than 1 year after the date of the (E) by striking paragraph (4) and inserting amended— enactment of this section, the Secretary shall the following: (1) in subsection (a), by striking ‘‘the Settle- develop and implement, in cooperation with the ‘‘(4) CLAIMS.—Within 60 days of enactment of ment authorized by this part’’ and inserting State of California, a reasonable plan, to fully this Act the Secretary shall promulgate a rule ‘‘this part’’; recirculate, recapture, reuse, exchange, or establishing a claims process to address current (2) in subsection (b)— transfer all Restoration Flows and provide such and future claims including, but not limited to, (A) in paragraph (1)— recirculated, recaptured, reused, exchanged, or ground water seepage, flooding, or levee insta- (i) by striking ‘‘(1) IN GENERAL.—The Sec- transferred flows to those contractors within the bility damages caused as a result of, arising out retary’’ and inserting ‘‘The Secretary’’; and Friant Division, Hidden Unit, and Buchanan of, or related to implementation of subtitle A of (ii) by striking ‘‘the Settlement authorized by Unit of the Central Valley Project that relin- title X of Public Law 111–11.’’; this part’’ and inserting ‘‘this part’’; and quished the Restoration Flows so recirculated, (9) in subsection (i)— (B) by striking paragraph (2); and recaptured, reused, exchanged, or transferred. (A) in paragraph (1)— (3) in subsection (c)— Such a plan shall address any impact on ground (i) in the matter preceding subparagraph (A), (A) in paragraph (1), by striking ‘‘the Settle- water resources within the service area of the by striking ‘‘the Settlement and parts I and III’’ ment’’ and inserting ‘‘this part’’; Friant Division, Hidden Unit, and Buchanan and inserting ‘‘this part’’; (B) in paragraph (2)— Unit of the Central Valley Project and mitiga- (ii) in subparagraph (A), by inserting ‘‘and’’ (i) by striking ‘‘through the exercise of its emi- tion may include ground water banking and re- after the semicolon; nent domain authority’’; and charge projects. Such a plan shall not impact (iii) in subparagraph (B)— (ii) by striking ‘‘the Settlement’’ and inserting the water supply or water rights of any entity (I) by striking ‘‘additional amounts author- ‘‘this part’’; and (C) in paragraph (3), by striking ‘‘section outside the Friant Division, Hidden unit, and ized to be appropriated, including the’’; and 10009(c)’’ and inserting ‘‘section 10009’’. Buchanan Unit of the Central Valley Project. (II) by striking ‘‘; and’’ and inserting a pe- Such a plan shall be subject to applicable provi- riod; and SEC. 206. COMPLIANCE WITH APPLICABLE LAW. sions of California water law and the Sec- (iv) by striking subparagraph (C); and Section 10006 of the San Joaquin River Res- retary’s use of Central Valley Project facilities (B) by striking paragraph (3); and toration Settlement Act (Public Law 111–11) is (10) by adding at the end the following new to make Project water (other than water re- amended— subsections: leased from Friant Dam pursuant to this part) (1) in subsection (a)— ‘‘(k) NO IMPACTS ON OTHER INTERESTS.—No and water acquired through transfers available (A) in paragraph (1), by inserting ‘‘unless oth- Central Valley Project or other water other than to existing south-of-Delta Central Valley Project erwise provided by this part’’ before the period San Joaquin River water impounded by or by- contractors.’’; at the end; and passed from Friant Dam shall be used to imple- (2) in subsection (b)— (B) in paragraph (2), by striking ‘‘the Settle- (A) in paragraph (1), by striking ‘‘the Settle- ment subsection (a)(2) unless such use is on a ment’’ and inserting ‘‘this part’’; ment’’ and inserting ‘‘this part’’; and voluntary basis. No cost associated with the im- (2) in subsection (b), by inserting ‘‘, unless (B) in paragraph (2), by striking ‘‘the Settle- plementation of this section shall be imposed di- otherwise provided by this part’’ before the pe- ment’’ and inserting ‘‘this part’’; rectly or indirectly on any Central Valley riod at the end; (3) in subsection (c), by striking ‘‘the Settle- Project contractor, or any other person or enti- (3) in subsection (c)— ment’’ and inserting ‘‘this part’’; ty, outside the Friant Division, the Hidden (A) in paragraph (2), by striking ‘‘section (4) by striking subsection (d) and inserting the Unit, or the Buchanan Unit, unless such costs 10004’’ and inserting ‘‘this part’’; and following: are incurred on a voluntary basis. The imple- (B) in paragraph (3), by striking ‘‘the Settle- ‘‘(d) MITIGATION OF IMPACTS.—Prior to Octo- mentation of this part shall not result directly ment’’ and inserting ‘‘this part’’; and ber 1, 2015, the Secretary shall identify— or indirectly in any reduction in water supplies (4) in subsection (d)— ‘‘(1) the impacts associated with the release of or water reliability on any Central Valley (A) by inserting ‘‘, including without limita- Restoration Flows prescribed in this part; Project contractor, any State Water Project con- tion to sections 10004(d) and 10004(h)(4) of this ‘‘(2) the measures which shall be implemented tractor, or any other person or entity, outside part,’’ after ‘‘implementing this part’’; and to mitigate impacts on adjacent and downstream the Friant Division, the Hidden Unit, or the (B) by striking ‘‘for implementation of the Set- water users, landowners and agencies as a re- Buchanan Unit, unless such reductions or costs tlement’’. sult of Restoration Flows prescribed in this part; are incurred on a voluntary basis. SEC. 207. COMPLIANCE WITH CENTRAL VALLEY and ‘‘(l) PRIORITY.—All actions taken under this PROJECT IMPROVEMENT ACT. ‘‘(3) prior to the implementation of decisions part shall be subordinate to the Secretary’s use Section 10007 of the San Joaquin River Res- or agreements to construct, improve, operate, or of Central Valley Project facilities to make toration Settlement Act (Public Law 111–11) is maintain facilities that the Secretary determines Project water available to Project contractors, amended— are needed to implement this part, the Secretary other than water released from the Friant Dam (1) in the matter preceding paragraph (1), shall implement all mitigations measures identi- pursuant to this part. (A) by striking ‘‘the Settlement’’ and inserting fied in subsection (d)(2) before Restoration ‘‘(m) IN GENERAL.—Notwithstanding section 8 ‘‘enactment of this part’’; and Flows are commenced.’’; of the Reclamation Act of 1902, except as pro- (B) by inserting: ‘‘and the obligations of the (5) in subsection (e), by striking ‘‘the Settle- vided in this part, including title IV of the Sac- Secretary and all other parties to protect and ment’’ and inserting ‘‘this part’’; ramento and San Joaquin Valleys Water Reli- keep in good condition any fish that may be (6) in subsection (f), by striking ‘‘the Settle- ability Act, this part preempts and supersedes planted or exist below Friant Dam including ment’’ and all that follows through ‘‘section any State law, regulation, or requirement that any obligations under section 5937 of the Cali- 10011’’ and insert ‘‘this part’’; imposes more restrictive requirements or regula- fornia Fish and Game Code and the public trust (7) in subsection (g)— tions on the activities authorized under this doctrine, and those of the Secretary and all (A) by striking ‘‘the Settlement and’’ before part. Nothing in this part shall alter or modify other parties under the Endangered Species Act this part; and the obligations, if any, of the Friant Division, of 1973 (16 U.S.C. 1531 et seq.).’’ before ‘‘, pro- (B) by striking ‘‘or exchange contract’’ and Hidden Unit, and Buchanan Unit of the Central vided’’; and inserting ‘‘exchange contract, or water rights Valley Project, or other water users on the San (2) in paragraph (1), by striking ‘‘, as pro- settlement or holding contracts’’; Joaquin River or its tributaries, under orders vided in the Settlement’’.

VerDate Mar 15 2010 03:58 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00035 Fmt 4636 Sfmt 6333 E:\CR\FM\A05FE7.016 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1630 CONGRESSIONAL RECORD — HOUSE February 5, 2014 SEC. 208. NO PRIVATE RIGHT OF ACTION. the Water Management Goal, as described in the An estimate of the remaining amount of con- Section 10008(a) of the San Joaquin River Res- Settlement’’ and inserting ‘‘Restoration Flows’’; struction costs as of January 31, 2015, as ad- toration Settlement Act (Public Law 111–11) is and justed, shall be provided by the Secretary of the amended— (B) in paragraph (2)— Interior to each contractor no later than 180 (1) by striking ‘‘not a party to the Settlement’’ (i) by striking ‘‘except as provided in para- days after enactment; after ‘‘person or entity’’; and graph 16(b) of the Settlement’’ after ‘‘Friant Di- (B) require that, notwithstanding subsection (2) by striking ‘‘or the Settlement’’ before the vision long-term contractor’’; and (c)(2), construction costs or other capitalized period and inserting ‘‘unless otherwise provided (ii) by striking ‘‘the Interim Flows or Restora- costs incurred after the effective date of the con- by this part. Any Central Valley Project long- tion Flows or to facilitate the Water Manage- verted contract or not reflected in the schedule term water service or repayment contractor ment Goal’’ and inserting ‘‘Restoration Flows’’. referenced in subparagraph (A), and properly within the Friant Division, Hidden unit, or SEC. 211. REPEAL. assignable to such contractor, shall be repaid in Buchanan Unit adversely affected by the Sec- Section 10011 of the San Joaquin River Res- not more than 5 years after notification of the retary’s failure to comply with section toration Settlement Act (Public Law 111–11) is allocation if such amount is a result of a collec- 10004(a)(3) of this part may bring an action repealed. tive annual allocation of capital costs to the contractors exercising contract conversions against the Secretary for injunctive relief or SEC. 212. WATER SUPPLY MITIGATION. under this subsection of less than $5,000,000. If damages, or both.’’. Section 10202(b) of the San Joaquin River Res- such amount is $5,000,000 or greater, such cost SEC. 209. IMPLEMENTATION. toration Settlement Act (Public Law 111–11) is shall be repaid as provided by applicable rec- Section 10009 of the San Joaquin River Res- amended— lamation law, provided that the reference to the (1) in paragraph (1), by striking ‘‘the Interim toration Settlement Act (Public Law 111–11) is amount of $5,000,000 shall not be a precedent in or Restoration Flows authorized in part I of this amended— any other context; and (1) in the header by striking ‘‘; SETTLEMENT subtitle’’ and inserting ‘‘Restoration Flows au- (C) provide that power revenues will not be FUND’’; thorized in this part’’; available to aid in repayment of construction (2) in subsection (a)— (2) in paragraph (2), by striking ‘‘the Interim costs allocated to irrigation under the contract. (A) in paragraph (1)— or Restoration Flows authorized in part I of this (4) All contracts entered into pursuant to (i) by striking ‘‘the Settlement’’ the first place subtitle’’ and inserting ‘‘Restoration Flows au- paragraph (2) shall— it appears and inserting ‘‘this part’’; thorized in this part’’; and (A) require the repayment in lump sum of the (ii) by striking ‘‘, estimated to total’’ and all (3) in paragraph (3)— remaining amount of construction costs identi- that follows through ‘‘subsection (b)(1),’’; and (A) in subparagraph (A), by striking ‘‘meet fied in the most current version of the Central (iii) by striking ‘‘provided however,’’ and all the Restoration Goal as described in part I of Valley Project Schedule of Municipal and In- that follows through ‘‘$110,000,000 of State this subtitle’’ and inserting ‘‘recover Restoration dustrial Water Rates, as adjusted to reflect pay- funds’’; Flows as described in this part’’; ments not reflected in such schedule, and prop- (B) in paragraph (2)— (B) in subparagraph (C)— erly assignable for ultimate return by the con- (i) in subparagraph (A), by striking ‘‘(A) IN (i) by striking ‘‘the Interim or Restoration tractor, no later than January 31, 2018. An esti- GENERAL.—The Secretary’’ and inserting ‘‘The Flows authorized in part I of this subtitle’’ and mate of the remaining amount of construction Secretary’’; inserting ‘‘Restoration Flows authorized in this costs as of January 31, 2018, as adjusted, shall (ii) by striking subparagraph (B); and part’’; and be provided by the Secretary of the Interior to (C) in paragraph (3)— (ii) by striking ‘‘, and for ensuring appro- each contractor no later than 180 days after en- (i) by striking ‘‘Except as provided in the Set- priate adjustment in the recovered water ac- actment; and tlement, to’’ and inserting ‘‘To’’; and count pursuant to section 10004(a)(5)’’. (B) require that, notwithstanding subsection (ii) by striking ‘‘this Settlement’’ and inserting SEC. 213. ADDITIONAL AUTHORITIES. (c)(2), construction costs or other capitalized ‘‘this part’’; Section 10203 of the San Joaquin River Res- costs incurred after the effective date of the con- (3) in subsection (b)(1)— toration Settlement Act (Public Law 111–11) is tract or not reflected in the schedule referenced (A) by striking ‘‘In addition’’ through ‘‘how- amended— in subparagraph (A), and properly assignable to ever, that the’’ and inserting ‘‘The’’; (1) in subsection (b)— such contractor, shall be repaid in not more (B) by striking ‘‘such additional appropria- (A) by striking ‘‘section 10004(a)(4)’’ and in- than 5 years after notification of the allocation tions only in amounts equal to’’; and serting ‘‘section 10004(a)(3)’’; and if such amount is a result of a collective annual (C) by striking ‘‘or the Settlement’’ before the (B) by striking ‘‘, provided’’ and all that fol- allocation of capital costs to the contractors ex- period; lows through ‘‘section 10009(f)(2)’’; and ercising contract conversions under this sub- (4) in subsection (c)— (2) by striking subsection (c). section of less than $5,000,000. If such amount is (A) in paragraph (1)— TITLE III—REPAYMENT CONTRACTS AND $5,000,000 or greater, such cost shall be repaid as (i) in the matter preceding subparagraph (A), ACCELERATION OF REPAYMENT OF CON- provided by applicable reclamation law, pro- by striking ‘‘the Settlement’’ and inserting ‘‘this STRUCTION COSTS vided that the reference to the amount of part’’; $5,000,000 shall not be a precedent in any other SEC. 301. REPAYMENT CONTRACTS AND ACCEL- context. (ii) in subparagraph (C), by striking ‘‘from the ERATION OF REPAYMENT OF CON- (b) FINAL ADJUSTMENT.—The amounts paid sale of water pursuant to the Settlement, or’’; STRUCTION COSTS. pursuant to subsection (a) shall be subject to and (a) CONVERSION OF CONTRACTS.— adjustment following a final cost allocation by (iii) in subparagraph (D), by striking ‘‘the (1) Not later than 1 year after enactment, the the Secretary of the Interior upon completion of Settlement’’ and inserting ‘‘this part’’; Secretary of the Interior, upon request of the the construction of the Central Valley Project. (B) in paragraph (2), by striking ‘‘the Settle- contractor, shall convert all existing long-term In the event that the final cost allocation indi- ment and’’ before ‘‘this part’’; and Central Valley Project contracts entered under cates that the costs properly assignable to the (5) by striking subsections (d) through (f). subsection (e) of section 9 of the Act of August contractor are greater than what has been paid SEC. 210. REPAYMENT CONTRACTS AND ACCEL- 4, 1939 (53 Stat. 1196), to a contract under sub- by the contractor, the contractor shall be obli- ERATION OF REPAYMENT OF CON- section (d) of section 9 of said Act (53 Stat. gated to pay the remaining allocated costs. The STRUCTION COSTS. 1195), under mutually agreeable terms and con- term of such additional repayment contract Section 10010 of the San Joaquin River Res- ditions. shall be no less than 1 year and no more than toration Settlement Act (Public Law 111–11) is (2) Upon request of the contractor, the Sec- 10 years, however, mutually agreeable provi- amended— retary is further authorized to convert, not later sions regarding the rate of repayment of such (1) in subsection (a)— than 1 year after enactment, any Central Valley amount may be developed by the parties. In the (A) in paragraph (3)(D), by striking ‘‘the Set- Project long-term contract entered under sub- event that the final cost allocation indicates tlement and’’ before ‘‘this part’’; and section (c)(2) of section 9 of the Act of August 4, that the costs properly assignable to the con- (B) in paragraph (4)(C), by striking ‘‘the Set- 1939 (53 Stat. 1194), to a contract under sub- tractor are less than what the contractor has tlement and’’ before ‘‘this part’’; section (c)(1) of section 9 of said Act, under mu- paid, the Secretary of the Interior is authorized (2) in subsection (c), by striking paragraph tually agreeable terms and conditions. and directed to credit such overpayment as an (3); (3) All contracts entered into pursuant to offset against any outstanding or future obliga- (3) in subsection (d)(1), by striking ‘‘the Set- paragraph (1) shall— tion of the contractor. tlement’’ in both places it appears and inserting (A) require the repayment, either in lump sum (c) APPLICABILITY OF CERTAIN PROVISIONS.— ‘‘this part’’; or by accelerated prepayment, of the remaining (1) Notwithstanding any repayment obligation (4) in subsection (e)— amount of construction costs identified in the under subsection (a)(3)(B) or subsection (b), (A) in paragraph (1)— most current version of the Central Valley upon a contractor’s compliance with and dis- (i) by striking ‘‘Interim Flows or Restoration Project Schedule of Irrigation Capital Alloca- charge of the obligation of repayment of the Flows, pursuant to paragraphs 13 or 15 of the tions by Contractor, as adjusted to reflect pay- construction costs as provided in subsection Settlement’’ and inserting ‘‘Restoration Flows, ments not reflected in such schedule, and prop- (a)(3)(A), the ownership and full-cost pricing pursuant to this part’’; erly assignable for ultimate return by the con- limitations of any provision of Federal reclama- (ii) by striking ‘‘Interim Flows or’’ before tractor, no later than January 31, 2015, or if tion law shall not apply to lands in such dis- ‘‘Restoration Flows’’; and made in approximately equal annual install- trict. (iii) by striking ‘‘the Interim Flows or Restora- ments, no later than January 31, 2018; such (2) Notwithstanding any repayment obligation tion Flows or is intended to otherwise facilitate amount to be discounted by the Treasury Rate. under paragraph (3)(B) or paragraph (4)(B) of

VerDate Mar 15 2010 03:58 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4636 Sfmt 6333 E:\CR\FM\A05FE7.016 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1631 subsection (a), or subsection (b), upon a con- River Settlement Contractors to Sacramento limitation the authority of the California State tractor’s compliance with and discharge of the River supplies over Central Valley Project diver- Water Resources Control Board to modify any obligation of repayment of the construction sions and deliveries to other contractors, the standards or operational constraints adopted to costs as provided in paragraphs (3)(A) and Secretary is directed, in the operation of the implement the ‘‘Principles for on the Bay-Delta (4)(A) of subsection (a), such contractor shall Central Valley Project, to allocate water pro- Standards Between the State of California and continue to pay applicable operation and main- vided for irrigation purposes to existing Central the Federal Government’’, dated December 15, tenance costs and other charges applicable to Valley Project agricultural water service con- 1994, so as to make additional irrigation and such repayment contracts pursuant to the then- tractors within the Sacramento River Watershed municipal and industrial water supplies avail- current rate-setting policy and applicable law. in compliance with the following: able in the Central Valley Project and State (d) CERTAIN REPAYMENT OBLIGATIONS NOT (1) Not less than 100% of their contract quan- Water Project service areas during the state of ALTERED.—Implementation of the provisions of tities in a ‘‘Wet’’ year. emergency. this section shall not alter the repayment obliga- (2) Not less than 100% of their contract quan- SEC. 503. WILD AND SCENIC RIVERS ACT. tion of any other long-term water service or re- tities in an ‘‘Above Normal’’ year. (a) WILD AND SCENIC RIVERS ACT.—Section payment contractor receiving water from the (3) Not less than 100% of their contract quan- 3(a)(62)(B)(i) of the Wild and Scenic Rivers Act Central Valley Project, or shift any costs that tities in a ‘‘Below Normal’’ year. (16 U.S.C. 1274(a)(62)(B)(i)) is amended— would otherwise have been properly assignable (4) Not less than 75% of their contract quan- (1) by striking ‘‘the normal maximum’’ the to any contractors absent this section, including tities in a ‘‘Dry’’ year. first place that it appears and all that follows operations and maintenance costs, construction (5) Not less than 50% of their contract quan- through ‘‘April, 1990.’’ and inserting the fol- costs, or other capitalized costs incurred after tities in a ‘‘Critically Dry’’ year. lowing: ‘‘the boundary of FERC Project No. 2179 the date of enactment of this Act, to other such (b) PROTECTION OF MUNICIPAL AND INDUS- as it existed on February 15, 2013, consisting of contractors. TRIAL SUPPLIES.—Nothing in subsection (a) a point approximately 2,480 feet downstream of (e) STATUTORY INTERPRETATION.—Nothing in shall be deemed to (i) modify any provision of a the confluence with the North Fork of the this part shall be construed to affect the right of water service contract that addresses municipal Merced River, consisting of approximately 7.4 any long-term contractor to use a particular and industrial water shortage policies of the miles.’’; and type of financing to make the payments required Secretary, (ii) affect or limit the authority of the (2) by striking ‘‘the normal maximum oper- in paragraph (3)(A) or paragraph (4)(A) of sub- Secretary to adopt or modify municipal and in- ating pool water surface level of Lake McClure’’ section (a). dustrial water shortage policies, (iii) affect or the second place that it appears and inserting (f) DEFINITION OF TREASURY RATE.—For pur- limit the authority of the Secretary to implement ‘‘the boundary of FERC Project No. 2179 as it poses of this section, ‘‘Treasury Rate’’ shall be municipal and industrial water shortage poli- existed on February 15, 2013, consisting of a defined as the 20-year Constant Maturity Treas- cies, or (iv) affect allocations to Central Valley point approximately 2,480 feet downstream of ury rate published by the United States Depart- Project municipal and industrial contractors the confluence with the North Fork of the ment of the Treasury as of October 1, 2014. pursuant to such policies. Neither subsection (a) Merced River’’. TITLE IV—BAY-DELTA WATERSHED WATER nor the Secretary’s implementation of subsection (b) EXCHEQUER PROJECT.—Section 3 of Public RIGHTS PRESERVATION AND PROTEC- (a) shall constrain, govern or affect, directly or Law 102–432 is amended by striking ‘‘Act’’ and TION indirectly, the operations of the Central Valley all that follows through the period and inserting SEC. 401. WATER RIGHTS AND AREA-OF-ORIGIN Project’s American River Division or any deliv- ‘‘Act.’’. PROTECTIONS. eries from that Division, its units or its facilities. The CHAIR. No amendment to that Notwithstanding the provisions of this Act, (c) DEFINITIONS.—In this section: amendment in the nature of a sub- Federal reclamation law, or the Endangered (1) The term ‘‘existing Central Valley Project stitute shall be in order except those Species Act of 1973 (16 U.S.C. 1531 et seq.)— agricultural water service contractors within the (1) the Secretary of the Interior (‘‘Secretary’’) printed in part B of House Report 113– Sacramento River Watershed’’ means water 340. Each such amendment may be of- is directed, in the operation of the Central Val- service contractors within the Shasta, Trinity, ley Project, to strictly adhere to State water and Sacramento River Divisions of the Central fered only in the order printed in the rights law governing water rights priorities by Valley Project, that have a water service con- report, by a Member designated in the honoring water rights senior to those belonging tract in effect, on the date of the enactment of report, shall be considered read, shall to the Central Valley Project, regardless of the this section, that provides water for irrigation. be debatable for the time specified in source of priority; (2) The year type terms used in subsection (a) (2) the Secretary is directed, in the operation the report, equally divided and con- have the meaning given those year types in the of the Central Valley Project, to strictly adhere trolled by the proponent and an oppo- Sacramento Valley Water Year Type (40–30–30) to and honor water rights and other priorities nent, shall not be subject to amend- Index. that are obtained or exist pursuant to the provi- ment, and shall not be subject to a de- sions of California Water Code sections 10505, SEC. 404. NO REDIRECTED ADVERSE IMPACTS. mand for division of the question. 10505:5, 11128, 11460, and 11463; and sections The Secretary shall insure that there are no redirected adverse water supply or fiscal impacts AMENDMENT NO. 1 OFFERED BY MRS. 12200 to 12220, inclusive; and NAPOLITANO (3) any action that affects the diversion of to those within the Sacramento River or San water or involves the release of water from any Joaquin River watershed or to the State Water The CHAIR. It is now in order to con- Central Valley Project water storage facility Project arising from the Secretary’s operation of sider amendment No. 1 printed in part taken by the Secretary or the Secretary of the the Central Valley Project to meet legal obliga- B of House Report 113–340. Department of Commerce to conserve, enhance, tions imposed by or through any State or Fed- Mrs. NAPOLITANO. Mr. Chairman, I recover, or otherwise protect any species listed eral agency, including, but not limited to those have an amendment made in order by under the Endangered Species Act of 1973 (16 legal obligations emanating from the Endan- the rule. U.S.C. 1531 et seq.) shall be applied in a manner gered Species Act of 1973 (16 U.S.C. 1531 et seq.) The CHAIR. The Clerk will designate that is consistent with water right priorities es- or this Act, or actions or activities implemented the amendment. tablished by State law. to meet the twin goals of improving water sup- The text of the amendment is as fol- ply or addressing environmental needs of the SEC. 402. SACRAMENTO RIVER SETTLEMENT CON- lows: TRACTS. Bay Delta. Page 4, line 24, after the first period, insert In the implementation of the Endangered Spe- TITLE V—MISCELLANEOUS cies Act of 1973 (16 U.S.C. 1531 et seq.), in the the following: ‘‘Charges for all delivered SEC. 501. PRECEDENT. Bay-Delta and on the Sacramento River, the water shall include interest, as determined Congress finds and declares that— Secretary and the Secretary of Commerce are di- by the Secretary of the Treasury, on the (1) coordinated operations between the Cen- rected to apply any limitations on the operation basis of average market yields on out- tral Valley Project and the State Water Project, of the Central Valley Project or to formulate standing marketable obligations of the previously requested and consented to by the any ‘‘reasonable prudent alternative’’ associ- United States with the remaining periods of State of California and the Federal Government, ated with the operation of the Central Valley maturity comparable to the applicable reim- require assertion of Federal supremacy to pro- Project in a manner that strictly adheres to and bursement period of the project, adjusted to tect existing water rights throughout the system; applies the water rights priorities for ‘‘Project the nearest 1/8 of 1 percent on the underpaid and Water’’ and ‘‘Base Supply’’ provided for in the balance of the allocable project cost.’’. (2) these circumstances are unique to Cali- Sacramento River Settlement Contracts. Article The CHAIR. Pursuant to House Reso- fornia. 3(i) of the Sacramento River Settlement Con- lution 472, the gentlewoman from Cali- Therefore, nothing in this Act shall serve as tracts shall not be utilized by the United States fornia (Mrs. NAPOLITANO) and a Mem- precedent in any other State. as means to provide shortages to the Sacramento ber opposed each will control 5 min- River Settlement Contracts that are different SEC. 502. NO EFFECT ON PROCLAMATION OF STATE OF EMERGENCY. utes. than those provided for in Article 5(a) of those The Chair recognizes the gentle- contracts. Nothing in this Act shall affect in any way woman from California. SEC. 403. SACRAMENTO RIVER WATERSHED the Proclamation of State of Emergency and as- WATER SERVICE CONTRACTORS. sociated Executive Order issued by Governor Ed- Mrs. NAPOLITANO. Mr. Chairman, (a) IN GENERAL.—Subject to subsection (b) mund G. Brown, Jr. on January 17, 2014, or the my amendment to H.R. 3964 is very, and the absolute priority of the Sacramento authorities granted thereby, including without very simple. It is an inconvenient

VerDate Mar 15 2010 05:10 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.016 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1632 CONGRESSIONAL RECORD — HOUSE February 5, 2014 truth, however, that it creates a rev- tlelady introduced it in 2012, and it de- I yield back the balance of my time. enue stream to the Treasury by elimi- serves a similar fate on the floor today. Mr. MCCLINTOCK. Mr. Chairman, it nating an irrigation subsidy which re- Let’s be clear about what it does. ought to be obvious to everyone that, quires irrigators to pay project debt It singles out Central Valley Project once you have paid off a loan, you with interest—in other words, ending participants who pay their Federal don’t keep paying interest on that free taxpayer subsidy since 1902, which loans off early to a punitive surtax loan. Why? Because you have already has been in place since reclamation that is imposed on no other Bureau of paid it off. That is what every project was created. It requires that any new Reclamation project in the United managed by the Bureau of Reclamation water contracts or renewed contracts States. Their surtaxes will be passed on does. When they are given permission must reflect the price of water with in- to consumers through higher prices. to prepay the loan—to pay off the loan terest and repay the debt of the project Now, the Central Valley Project was just the way you would pay off your to only the Treasury with interest. already singled out for a punitive tax— home loan early—they no longer are This will be of small assistance to bal- about $50 million annually—by Con- charged interest for it. ancing our national debt. gress in 1992 to fund an array of envi- The gentlelady would single out the When reclamation was established in ronmental slush funds. Central Valley—and the Central Valley 1902, it was meant to deliver water to I believe that beneficiaries should alone—for this punitive surtax. I have farms with approximately 160 acres. pay the cost of water projects but that often wondered why the policy seemed Subsequent congressional action has they should pay only the costs of those to be aimed at the Central Valley. I changed the acreage limitation along projects and no more. These are not don’t know what it is that my friends with the repayment contract for these cash cows for the Federal Government in the opposition have against the projects. So, in 1982, acreage was in- to milk until they are dry. When the thousands of farmworkers whose liveli- creased to 960 acres. Congressional ac- left speaks of corporate farms, they hoods depend upon farming in that re- tion has also made the repayment of leave out the fact that virtually every gion, but they have been waging war on project debt interest free for irrigators family farm is incorporated, and that that hapless and helpless group for far while municipalities, like my constitu- is who we would be singling out for this too long. This is another example of ents—my water people—and power special tax. That tax is then paid in singling them out for a special punitive users pay the required appropriate in- only one of two ways: by employees tax paid by no one else in all of the Bu- terest. I wish other State water users through lower wages or by consumers reau of Reclamation experience. were as lucky as these folks. through higher prices. With that, I yield back the balance of I have a modest suggestion. Perhaps H.R. 3964 removes the role of the Fed- my time. we should start putting people back to eral Government in protecting environ- The Acting CHAIR. The question is work rather than running them out of ment and public good. That is not on the amendment offered by the gen- business. good. If we are removing the role of the tlewoman from California (Mrs. I have often criticized the gentlelady NAPOLITANO). Federal Government, then we should and her colleagues for policies that also remove the Federal subsidy associ- The question was taken; and the Act- have created the conditions that indi- ing Chair announced that the noes ap- ated with renewed or new water con- rectly send water prices through the tracts. peared to have it. roof, but this proposal does so quite di- Mrs. NAPOLITANO. Mr. Chairman, I My constituents and anybody else’s rectly and dramatically. I think that is must fairly and equally repay addi- demand a recorded vote. why so many of her colleagues on the The Acting CHAIR. Pursuant to tional interest on any project, and they Democratic side abandoned her 2 years have. For over a decade, southern Cali- clause 6 of rule XVIII, further pro- ago and why they would be well ad- ceedings on the amendment offered by fornia foresaw needed infrastructure, vised to do so again. and many local entities stepped up to the gentlewoman from California will I reserve the balance of my time. be postponed. the plate and provided some relief. We Mrs. NAPOLITANO. How much time AMENDMENT NO. 2 OFFERED BY MS. MATSUI paid for and constructed new storage is remaining, Mr. Chairman? The Acting CHAIR. It is now in order facilities, like the Diamond Valley The Acting CHAIR. The gentlewoman to consider amendment No. 2 printed in Lake Reservoir, entirely paid for by from California has 2 minutes remain- local groups and without one Federal ing. part B of House Report 113–340. cent, adding 1 million acres of new Mrs. NAPOLITANO. Mr. Chairman, Ms. MATSUI. Mr. Chairman, I have storage. This is on top of the invest- we can go on debating the issue, but an amendment at the desk. The Acting CHAIR. The Clerk will ments we have made in title XVI—re- everybody who takes a loan has to pay designate the amendment. interest, and I don’t see any reason cycled water, which has only a 25 per- The text of the amendment is as fol- why since 1902 our irrigators have been cent Federal match—which created lows: 680,000 acre-feet in California alone. singled out for not having to pay that Page 18, line 24, strike ‘‘shall be’’ and all Let’s end this interest-free subsidy at while the power marketing agencies that follows through the first period on page our taxpayers’ expense, at all of Amer- and other water agencies do have to 19, line 2, and insert the following: ‘‘shall not ica’s taxpayers’ expense. Eliminating ante up that interest. They do pass it be suspended, but rather shall continue to be this unfair subsidy will help to cut our on to the consumer, but the consumer the responsibility of south of Delta CVP con- deficit, and I urge all of my colleagues understands why. tractors.’’. to vote ‘‘yes’’ on this amendment. We need to be transparent on the The Acting CHAIR. Pursuant to With regard to a statement that was issue and be able to let people know House Resolution 472, the gentlewoman just made on the Bay Delta, it seems really what we are paying for. Yes, we from California (Ms. MATSUI) and a that Secretary Babbitt and the Sec- have the lowest priced crops in Cali- Member opposed each will control 5 retary of Natural Resources were the fornia, but we must be able to ensure minutes. ones who actually passed the Bay Delta that we let the rest of the Nation know The Chair recognizes the gentle- Accord, and 3 years were spent by Mr. why we need to move forward. The Cen- woman from California. GARAMENDI in trying to implement tral Valley Project, the CVP, was $1.78 Ms. MATSUI. Mr. Chairman, I yield this. billion. Only $236 million has been re- myself such time as I may consume. Mr. Chairman, I reserve the balance paid, and $1.45 billion has not been re- I rise to offer an amendment to H.R. of my time. paid. 3964 that would preserve senior water Mr. MCCLINTOCK. Mr. Chairman, I Mr. Chairman, I think this is an right holders in northern California. rise in opposition to the amendment. amendment that is in order so as to This bill grossly oversimplifies the The Acting CHAIR (Mr. YODER). The begin trying to help balance our budg- issue of California water, and it tries to gentleman from California is recog- et. We hope that we will get our col- solve the problem by causing more nized for 5 minutes. leagues to understand that all of us harm to California’s water system than Mr. MCCLINTOCK. Mr. Chairman, have to hurt a little bit, and I don’t see good. this amendment was rejected on a bi- why this does not have the merit that As I mentioned during our debates partisan vote of 174–250 when the gen- it should, so I urge a ‘‘yes’’ vote. about California water, we should not

VerDate Mar 15 2010 03:58 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.051 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1633 jeopardize the health of one part of the I might add that, also under this bill, Mr. ROHRABACHER. Mr. Chairman, State for another. In northern Cali- the 800,000 acre-feet can be recycled by I rise in opposition to this amendment fornia, we have balanced our watershed communities once it has met its envi- and in strong support of H.R. 3964. between the urban areas, agriculture, ronmental purpose rather than being Final passage of this bill, as we come the environment. We have been good lost to the ocean. To those who tell us to the floor, is a defining vote. It is a stewards and care deeply about how they like recycling, this is the ulti- vote by which the public will be able to our watershed is preserved and grows. mate recycling bill. I might also point determine just whose side we are on. This legislation would take the prob- out that an amendment that had a very Do we favor animals—even fish—above lems of one part of the State and ex- similar effect 2 years ago was rejected the well-being of people? port them to the other. We cannot have on a bipartisan vote of 178–247 in this A clique of environmental extremists a lasting solution to our water prob- House. I would recommend that we do with lots of money and no common lems until we work on a comprehensive so again today. sense have fostered insane policies that solution that includes all of the stake- With that, I reserve the balance of are destroying one of the most vibrant holders. Specifically, this bill attempts my time. and productive industries in California. to dissolve the responsibility for 800,000 Ms. MATSUI. Mr. Chairman, my These antihuman, pro-animal policies acre-feet of water for the delta environ- friend on the other side is trying to dis- have resulted in the unemployment of ment. That doesn’t solve California’s tract the public on what their bill ac- tens of thousands of hardworking water problems. It only exacerbates tually does. Americans who are struggling to make them. H.R. 3964 would not provide any relief ends meet. Their lives and livelihood We all know that the Sacramento- from the real drought, but it would in- have been destroyed, all for the pur- San Joaquin Delta needs to be re- stead permanently reallocate water for pose of protecting a minnow that isn’t stored, not driven into further decline. one interest. even good enough to be baked. The delta is a hub of California’s water Yes, by this vote, the public will be b 1615 system. California needs it to be able to determine whether or not, at a healthy. My amendment to H.R. 3964 Mr. Chairman, the 1992 Central Val- time of drought and crushingly high seeks to amend the language regarding ley Project Improvement Act des- unemployment, we will continue to the elimination of water for the delta ignated 800,000 acre-feet of water for dump hundreds of thousands of acre- environment. The amendment also pre- environmental purposes. This water is feet of fresh water into the San Fran- serves senior water rights in northern important. It is used to balance our cisco Bay every year—enough water to California. water needs between urban, agricul- grow 10 million tons of tomatoes, 200 The underlying legislation only cre- tural, and environment. million boxes of lettuce, or 20 million ates discord at a time when we need al- This so-called ‘‘b2’’ water was dedi- tons of grapes. liances. We can and must do better for cated to help stem the rapid decline of This is government regulation gone California as a whole. I urge my col- the delta ecosystem. H.R. 3964 repeals berserk. Instead of protecting us from leagues to support this amendment. the ‘‘b2’’ water allocation in the CVPIA environmental threats, people are I reserve the balance of my time. unless 800,000 acre-feet of additional ca- being treated as expendable. The cur- Mr. MCCLINTOCK. Mr. Chairman, I pacity is found by 2018. Who is going to rent policy is destructive not only to rise in opposition to the amendment. make up the 800,000 acre-feet by 2018? our farmers, who are probably affected The Acting CHAIR. The gentleman As written, the bill would relieve the the most, but it is increasing the cost from California is recognized for 5 min- south delta CVP users of any responsi- of putting food on our families’ tables. utes. bility for the environmental water. In- All of this is being done for what? To Mr. MCCLINTOCK. Mr. Chairman, stead, it would attempt to shift the re- protect the well-being of a fish. this amendment, more than any other, sponsibilities to northern California, Now we have an opportunity to rees- focuses on the central issue sur- putting into jeopardy senior water tablish our priorities. A vote against rounding this bill: What comes first— rights holders in northern California. this bill is a vote for radical environ- families or fish? Mr. Chairman, my district, the city mentalists’ antihuman policies. A vote In 1992, the Central Valley Project of Sacramento, and Sacramento Coun- for this bill is a vote to reaffirm that Improvement Act carved out 800,000 ty wrote letters stating what we all we place a higher value on human acre-feet to be dedicated for fish and know. This is a backdoor attempt to beings and want to improve their con- wildlife purposes. That water came out undermine longstanding California dition. of the allocations for the Central Val- water rights and let one interest jump Join me in opposing this amendment ley that all sides had agreed to. At the to the head of the line. and supporting the bill. time, it was promised that the water In short, this bill is another blatant Ms. MATSUI. Mr. Chairman, how would be replaced. That promise is water grab from northern California. much time is remaining? unfulfilled to this day. Mr. Chairman, my amendment will The Acting CHAIR. The gentlewoman Worse, the Federal Government protect senior water rights holders in from California has 11⁄4 minutes re- began treating this allotment as a floor northern California and assure we are maining. The gentleman from Cali- rather than as a ceiling. In the mid- all in this together in California. We fornia has 1 minute remaining. 1990s, a zealous official in the Depart- should not pit one against another. Ms. MATSUI. Mr. Chairman, I will ment of the Interior preempted State Again, this bill will not help alleviate just say this. I grew up in the Central water rights and ordered that more the drought. Even if we pumped as Valley. My father was a farmer. So I than 1 million acre-feet of water appro- much water south as possible, Central understand clearly the challenges the priated by the Central Valley Project Valley farmers still wouldn’t have farming community has. be used for purposes not authorized enough. That is because a lack of I am not an individual who dismisses under water rights permits issued by pumping is not the problem. The prob- the farming community. I lived on a the State of California. lem is a lack of rain and snow. There is farm. My father was a small farmer. This bill reestablished the 800,000 no more water to pump. My grandfather was a farmer. My uncle acre-foot allotment agreed to by all Northern California is in severe was a farmer. So I understand these sides when Interior Secretary Bruce drought. This bill does not solve Cali- challenges. Babbitt promised: ‘‘A deal is a deal, fornia’s drought. It only further divides I also understand we are together in and if it turns out there is a need for our State. California, and we must work together, additional water, it will come at the Mr. Chairman, again, I urge my col- and we should be using this time to expense of the Federal Government.’’ leagues to support my amendment, and find real solutions to California’s water This provision redeems the promise I reserve the balance of my time. issues, including the drought. Unfortu- that was broken by Mr. Babbitt’s dep- Mr. MCCLINTOCK. Mr. Chairman, I nately, we seem to be playing partisan uty, and the provision that the gentle- yield 2 minutes to my distinguished games. lady is offering would have us delete colleague from California (Mr. ROHR- My amendment would simply protect that provision. ABACHER). water rights in northern California. I

VerDate Mar 15 2010 03:59 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.054 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1634 CONGRESSIONAL RECORD — HOUSE February 5, 2014 urge my colleagues to support this negatively impact upstream users. My sions and restore that water to the Val- amendment, and I yield back the bal- constituents are these upstream users. ley to stop this human tragedy. He ac- ance of my time. My amendment protects upstream knowledged that he had that author- Mr. MCCLINTOCK. Mr. Chairman, I users, adding safeguards for the five ity, but he wouldn’t use it, he said, be- yield 1 minute to my distinguished col- California delta counties. It guarantees cause doing so ‘‘would be like admit- league from the Central Valley (Mr. that this politically motivated water ting failure.’’ VALADAO), the author of this measure. grab would not harm the quality, quan- The amendment before us would give Mr. VALADAO. Mr. Chairman, what tity, or safety of drinking water sup- the same administration the excuse to we are asking for here is a little under- plies for these residents. ignore reality and act on ideological standing of the situation we have got. California is in the middle of a crisis. whim. This graph here shows how much We need real solutions, not political so- When this amendment was offered 2 water was in storage at the end of 2013. lutions. Last year was our driest year years ago, it was rejected on a bipar- There was quite a bit of water, but the on record. The snowpack where the tisan vote of 177–243 in this House. allocation was this much. State gets over a third of its water is I reserve the balance of my time. What this amendment does is con- at record lows. Mr. BERA of California. Mr. Chair- tinue to waste all the water here that We all agree there is a problem. So man, I yield 2 minutes to my colleague should have been used for families at let’s sit down, Democrats and Repub- from California (Mr. THOMPSON). their homes, because people need clean licans, and work to find solutions to- Mr. THOMPSON of California. I water to drink. They also need water gether, not pit one community against thank the gentleman for yielding. Mr. Chairman, I rise in support of to grow food. Farmers don’t farm for another. In the meantime, let’s not this amendment. fun, they farm for food, because people sacrifice one community. This amend- California is facing a severe state- like to eat. It is a funny little concept ment ensures that. wide drought. It is having devastating we have got going on here. We cannot I reserve the balance of my time. impacts on families all across our continue to waste water. Mr. MCCLINTOCK. Mr. Chairman, I State. This bill will only make things I have enjoyed seeing the pictures of rise in opposition to the amendment. worse for many. It will jeopardize the all the dams and everybody referring to The Acting CHAIR. The gentleman drinking water for millions of Califor- the drought as the only issue that we from California is recognized for 5 min- utes. nians. have got. We have got a waste of water. In my district, families from Contra Mr. MCCLINTOCK. Mr. Chairman, We have got to stop wasting that Costa and Solano Counties get their water. That is what our goal is, and like Tennyson’s rotting mackerel in the moonlight, this amendment shines drinking water from the delta. This that is why I oppose this amendment. supply is already limited due to the ex- Mr. MCCLINTOCK. Mr. Chairman, I and stinks. It states the obvious: the bill will not treme drought. This bill wants to pump yield back the balance of my time. that limited drinking water south. The Acting CHAIR. The question is harm delta drinking water supplies. Well, of course it won’t. After all, the Doing this would flood the delta with on the amendment offered by the gen- seawater—and people can’t drink sea- tlewoman from California (Ms. MAT- delta counties are senior to the Central Valley in their water rights and so water. SUI). That is why this amendment is so The question was taken; and the Act- they have first call on that water. Under this bill, no agency of the State important. It simply says that this bill ing Chair announced that the noes ap- shall not harm the delta’s very limited peared to have it. or Federal Government can take that right away. drinking water supply. Ms. MATSUI. Mr. Chairman, I de- I urge a ‘‘yes’’ vote on the amend- Furthermore, under this bill, the mand a recorded vote. ment, and I thank the gentleman from delta counties can also reuse environ- The Acting CHAIR. Pursuant to Sacramento for bringing it to the floor. mental water that otherwise would clause 6 of rule XVIII, further pro- Mr. BERA of California. Mr. Chair- have been lost to the ocean, making ceedings on the amendment offered by man, in closing, from my perspective, this the ultimate water recycling bill. the gentlewoman from California will this is stating the obvious. Let’s pro- This bill in no way affects the qual- be postponed. tect the water rights of the users in my ity of drinking water in the delta or AMENDMENT NO. 3 OFFERED BY MR. BERA OF community in northern California. anywhere else. The proof of that is the CALIFORNIA This just codifies that. It just makes fact that in the years following adop- The Acting CHAIR. It is now in order sure that when folks in the five delta tion of the Bay Delta Accord, which to consider amendment No. 3 printed in counties turn on their taps, they can H.R. 3964 merely restores, never was it part B of House Report 113–340. get clean water, quality water. Mr. BERA of California. Mr. Chair- suggested by any water agency that So if it is in the bill, there is no rea- man, I have an amendment made in drinking water or agricultural water son not to vote ‘‘yes’’ on this and cod- order under the rule. was adversely affected in any way, ify it and make sure we are protecting The Acting CHAIR. The Clerk will shape, or form. those families in northern California. designate the amendment. By placing this provision in the bill, With that, Mr. Chairman, I yield The text of the amendment is as fol- it immediately opens it up to litigation back the balance of my time. lows: that could tie it up in the courts for Mr. MCCLINTOCK. Mr. Chairman, I years. The mere allegation by a single 3 At the end of the bill, add the following: am pleased to yield 2 ⁄4 minutes to the litigant, no matter how outlandish, no distinguished gentleman from Cali- SEC. 504. PROTECTIONS FOR DELTA COUNTIES. matter how contorted, could stall these This Act and the amendments made by fornia (Mr. NUNES), who introduced the this Act shall not have a harmful effect on vitally needed reforms. It would also predecessor to this bill 2 years ago. the quality, quantity, or safety of drinking give this administration the ability to Mr. NUNES. I thank the gentleman water supplies for residents of the five Delta claim a right to nullify this law based from California for yielding. Counties (Contra Costa County, Sacramento on such a fiction. Mr. Chairman, this amendment and County, San Joaquin County, Solano Coun- A few years ago, when Central Valley the last amendment are about one ty, and Yolo County, California). water was being diverted for the delta thing. Let’s not be fooled here. It is The Acting CHAIR. Pursuant to smelt, I confronted the Secretary of about sewer discharge from the com- House Resolution 472, the gentleman the Interior in the Natural Resources munities in the delta that continue to from California (Mr. BERA) and a Mem- Committee. I pointed out that with dump their sewer water, runoff water, ber opposed each will control 5 min- thousands of farmworkers unemployed, into the delta. They don’t want to have utes. with a quarter-million acres of prime to take responsibility for their actions. The Chair recognizes the gentleman farmland destroyed, with food lines in So I hate to have to keep going back from California. the agricultural capital of the West, to this, but I am going to have to go Mr. BERA of California. Mr. Chair- with unemployment in some of these back to it again. man, this amendment is simple. Sup- communities reaching 45 percent, he You see a discharge there. Here are porters of this bill argue that it won’t had the authority to suspend the diver- the communities all dumping sewage

VerDate Mar 15 2010 03:59 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00040 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.055 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1635 into the delta. That is all both of these California to any ongoing or forecasted tures, like some of our extreme storms amendments are about. That is why changes to the quality, quantity, or reli- do, but it is definitely causing serious you should vote against them. ability of water resources. The study shall damage to our crops, to our critical What is interesting about this is you include recommendations on how to habitats, to our livelihoods. Yet the strengthen the resiliency and adaptability of have heard a lot of talk about the fish. the Bureau’s projects and facilities in Cali- underlying bill does nothing to address This is what the true believers really fornia. these serious problems, and it does want to protect. They want to protect The Acting CHAIR. Pursuant to nothing to alleviate the drought emer- this fish right here called the delta House Resolution 472, the gentlewoman gency in California, and it does nothing to prevent any in the future. Instead, it smelt. This is what this is about. It is from California (Mrs. CAPPS) and a uses the drought emergency as an ex- about the Endangered Species Act. It is Member opposed each will control 5 cuse to repeal Federal environmental about the biggest water grab in history minutes. and running people out of water to pro- The Chair recognizes the gentle- laws to preempt California law, and it tect this little fish. woman from California. would set a dangerous precedent that But they just don’t want to protect Mrs. CAPPS. Mr. Chairman, I rise in would have lasting implications on how that fish, oh, no. That is not good support of my amendment. As we water is managed throughout the West. enough, Mr. Chairman. They want to know, California is in the middle of a That is why the bill is opposed by the dump their sewer water, protect the severe drought, an emergency with no State of California and numerous local smelt, and protect the striped bass. significant relief in sight. We must do government agencies, fishing and hunt- The striped bass is not native to the all we can to responsibly manage this ing organizations, editorial boards, and delta, but they want to protect it. Do situation, working with State and local national environmental groups. Rarely you know why they want to protect it? officials to ensure that our farmers, has such a diverse coalition come to- Because they say that fishermen want our businesses, and our constituents gether to oppose a piece of legislation. Mr. Chairman, instead of wasting to fish. But, conveniently, it is not na- have the resources they need now and time on a divisive bill that is going no- tive to the delta. But guess what the in the future. striped bass eats? If you can see on While we work to address the current where, we should be working together to find comprehensive solutions that this, it eats the smelt. drought situation, the emergency, we get our communities the resources know that severe droughts like this b 1630 they need. one will only become more frequent in I want to be clear, my amendment It eats the smelt, Mr. Chairman. In- the future due to climate change; and convenient little truth there. So they does not fix the serious problems with we must do all we can as we deal with this underlying bill, and I will oppose want to protect these and these. This this emergency to also prepare for the one eats those. This is a problem that the bill even if my amendment is next one. adopted. But my amendment will at can’t be fixed by people who want to My amendment simply requires a least move us one step closer to prop- protect little fish, Mr. Chairman. study of the resiliency and adaptability erly preparing for future drought emer- So, as we started out today, this is a of Bureau of Reclamation facilities and gencies, so I urge my colleagues to sup- bill that passed the last Congress. Had projects in California to predict the Senate acted on it, we would not be port this amendment. changes to the quality, quantity, or re- Mr. Chairman, I reserve the balance in the situation that we are today. We liability of water resources. Simply are out of water because we are not of my time. put, it will look at how well the Bureau Mr. MCCLINTOCK. Mr. Chairman, I using the infrastructure that our State is prepared for the expected impacts of rise in opposition to the amendment. has built and added on to over the last climate change. The Acting CHAIR. The gentleman century. We decided to throw all that Like it or not, climate change is real, from California is recognized for 5 min- infrastructure away, not use it, dump and it is already happening. We have utes. the water out to the ocean. Now we seen the evidence all around us in more Mr. MCCLINTOCK. Mr. Chairman, have no more water left. extreme storms, in wildfires, in sea this amendment seeks to impose yet Mr. MCCLINTOCK. Mr. Chair, I yield level rising and severe drought. another environmental study that back the balance of my time. Water is gold in California. Sci- could lead to more water being di- The Acting CHAIR. The question is entists have long warned that climate verted away from families and farmers on the amendment offered by the gen- change will make droughts, shortages and flushed out into the ocean. If you tleman from California (Mr. BERA). of water, particularly in the Western support throwing more stored water The question was taken; and the Act- United States, longer, stronger, and out to the ocean and making this crisis ing Chair announced that the noes ap- more frequent. So rather than bury our worse, then this amendment is another peared to have it. heads in the sand denying the science, step toward that end. Mr. BERA of California. Mr. Chair- we should be doing all we can to make Now, those who speak of ‘‘resiliency’’ man, I demand a recorded vote. our infrastructure more resilient and and ‘‘adaptability’’ are using these The Acting CHAIR. Pursuant to adaptable. terms to propose that dams evacuate clause 6 of rule XVIII, further pro- At every point in our water infra- more water storage earlier in the water ceedings on the amendment offered by structure, from reservoirs to kitchen year to account for faster snowmelt the gentleman from California will be faucets, we need to find sustainable from the mountains and rain-based postponed. ways to lessen the impact of severe inflows. Now, just today, the East Bay AMENDMENT NO. 4 OFFERED BY MRS. CAPPS droughts like this one. That means Express reported that water managers The Acting CHAIR. It is now in order more conservation, more efficiency, deliberately dumped 800,000 acre-feet— to consider amendment No. 4 printed in and more recycling, to be sure, but it as I said earlier, enough for 4 million part B of House Report 113–340. also means increasing the resiliency Californians—into the Pacific Ocean Mrs. CAPPS. Mr. Chairman, I have and adaptability of existing infrastruc- that they knew was desperately needed an amendment at the desk. ture to maximize the limited resources as the drought continued to worsen. The Acting CHAIR. The Clerk will we have. Folsom Lake, the principal source of designate the amendment. That is what my amendment is all water storage for Sacramento and its The text of the amendment is as fol- about—preparing for the future. Sim- suburbs, is nearly empty now because lows: ply lurching from crisis to crisis, from of those releases. We watched the Sac- drought to drought, is no way to gov- ramento River at full flood all autumn At the end of the bill, add the following: ern, and that is exactly what we have and wondered what in the world were SEC. 504. STUDY ON WATER RESOURCES. been doing. According to a FEMA they thinking. Not later than one year after the date of The fact is a hydrology consensus enactment of this Act, the Comptroller Gen- study, every dollar spent on predisaster eral of the United States shall conduct a mitigation reduces the cost of future does not exist on this, and we should study and submit a report to the Congress on damages by $4. not be asking the GAO to investigate the resiliency and adaptability of all Bureau The drought emergency may not be terms that are based on a lack of sci- of Reclamation projects and facilities in destroying structures and infrastruc- entific consensus.

VerDate Mar 15 2010 03:59 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00041 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.057 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1636 CONGRESSIONAL RECORD — HOUSE February 5, 2014 This amendment does nothing to re- regulations that the gentleman de- Mr. DEFAZIO. Mr. Chairman, I have store water that continues to be lost to fends. I think people need to reflect on an amendment at the desk. punitive Federal regulations and may, that water that should right now be The Acting CHAIR. The Clerk will in fact, contribute to new regulatory sitting behind those dams but for these designate the amendment. overreach. regulations and realize what is exacer- The text of the amendment is as fol- Californians are in a drought crisis bating this terrible drought. lows: now. It is time for action, not another Mr. Chairman, I yield the balance of Add at the end of the bill, the following: bureaucratic study with no end in my time to the gentleman from Cali- SEC. 504. FISHERIES DISASTER DECLARATION. sight. This is why we must not impose fornia (Mr. LAMALFA), my friend and The Proclamation of State Emergency and studies in this bill or create steps to neighbor. associated Executive Order issued by Gov- ernor Edmund G. Brown, Jr. on January 17, further erode water storage. We need to Mr. LAMALFA. Mr. Chairman, we hear a lot about, this particular 2014, shall be considered a request by the build more storage and capture more Governor for purposes of section 312(a) of the water, and that is precisely what this amendment is going to start another Magnuson-Stevens Fishery Conservation and bill does. This bill is aimed at imple- study. We heard earlier about more Management Act (16 U.S.C. 1861a) to deter- menting a permanent solution to Cali- task forces. This is why we have had 40 mine that a fishery resource disaster exists fornia’s water crises so we can put peo- years’ worth of delay—or longer—on for fisheries that originate in the State of ple back to work permanently and re- building new projects in California. California. store balance back to California’s We hear about what the projected The Acting CHAIR. Pursuant to water supply. flows are going to be. Here is what the House Resolution 472, the gentleman Mr. Chairman, I reserve the balance actual flows are, coming back to this from Oregon (Mr. DEFAZIO) and a Mem- of my time. chart once again. You see over here, on ber opposed each will control 5 min- Mrs. CAPPS. Mr. Chairman, may I the left, 76 percent of the water that utes. inquire how much time remains? flows into the delta goes straight out The Chair recognizes the gentleman The Acting CHAIR. The gentlewoman to the ocean—three-quarters. A mere 6 from Oregon. from California has 1 minute remain- percent stays in the delta for its use. Mr. DEFAZIO. Mr. Chairman, I yield ing. The gentleman from California has Eighteen percent is split between Cen- to the gentleman from California (Mr. 3 minutes remaining. tral Valley and southern California GEORGE MILLER). Mrs. CAPPS. Mr. Chairman, I am needs. So we are wasting a lot of water, (Mr. GEORGE MILLER of California pleased to yield 30 seconds to the gen- a lot of opportunity that could be asked and was given permission to re- tleman from California (Mr. taken advantage of and still capturing vise and extend his remarks.) GARAMENDI), my colleague. water for environmental need as well Mr. GEORGE MILLER of California. Mr. GARAMENDI. Mr. Chairman, we as ag need and urban need. Mr. Chairman, I thank the gentleman continually hear about the 800,000 acre- This chart shows, this illustration, for yielding, and I rise in strong opposi- feet. Indeed, there is 800,000 acre-feet. that we talk about water that needs to tion to H.R. 3964. be delivered south of the delta, indeed, It is not out to the ocean; It is into the Mr. Chair, the bill before us today, H.R. even to the central coast, which is run- delta. That water is available for a va- 3964, is a radical bill that is strongly opposed ning very quickly out of water as well. riety of purposes, including Contra by the State of California as well as other The central coast benefits from the Costa, the entire East Bay, and Solano Western states, fishing groups, and many pumps. County that I represent. It is there as other stakeholders. The pumps, when you talk about fish H.R. 3964 would seriously undermine our environmental water, but it has mul- take, are approximately 2 percent. tiple purposes, so it is not wasted ability to solve California’s water problems, Maybe we can do better, but they are and it poses a serious threat to water man- water at all. doing a pretty good job. The other thing is this allocation agement all across the Western United States. As was talked about earlier, predator And, to be clear, this is not a man-made chart that keeps coming up. That is an fish in the delta are taking anywhere allocation based upon a prediction of drought. There is not enough water to meet all from 65 to 90 percent of the fish kill of demands. In 2009, with the Endangered Spe- the amount of water that rain will fall the salmon and other protected fish that year. It is not the actual amount cies Act and other environmental laws in that we are basing all of this fuss on. place, more water was exported than in other of water delivered. If you take a look So we need to get very real about at the actual amount of water deliv- drought years. what the problem is and that the solu- This bill would effectively repeal the last ered, it is substantially greater. tions aren’t coming today from these hundred years of policymaking—unraveling Mr. MCCLINTOCK. Mr. Chairman, we amendments. But, indeed, Mr. legal settlements, defying settled Supreme are ready to close when the gentle- VALADAO’s bill is a step in that direc- Court precedent, and up-ending state and woman is. tion, as well as establishing long-term, Mrs. CAPPS. Mr. Chairman, this is a local efforts to find solutions. the type of storage, the type of reoper- H.R. 3964 would block or repeal numerous straightforward amendment. It simply ation that is in favor of the people that state and federal laws protecting California’s requires a study of adaptability and re- are productive in California being the Bay-Delta estuary and San Joaquin River, in- siliency of the Bureau of Reclamation’s breadbasket of the Nation and of the cluding: water infrastructure in California. world. The 1992 Central Valley Project Improve- Scientists are warning us that severe Mr. MCCLINTOCK. Mr. Chairman, I ment Act; droughts like this one will only grow yield back the balance of my time. The 2009 San Joaquin River Restoration more severe and frequent in the future. The Acting CHAIR. The question is Settlement Act; We have a responsibility to our farm- on the amendment offered by the gen- The 2009 bipartisan compromise passed by ers, our businesses, and all of our con- tlewoman from California (Mrs. the California State Legislature; stituents to do everything possible to CAPPS). The state and federal endangered species prepare for these impacts. My amend- The question was taken; and the Act- acts; and ment is a step in this direction, so I ing Chair announced that the noes ap- Several other provisions of state law and urge my colleagues to support it. peared to have it. water rights. Mr. Chairman, I yield back the bal- Mrs. CAPPS. Mr. Chairman, I de- What’s worse, this bill explicitly overrides ance of my time. mand a recorded vote. more than 100 years of federal law by ex- Mr. MCCLINTOCK. Mr. Chairman, I The Acting CHAIR. Pursuant to empting the federal Central Valley Project thank the gentleman from California clause 6 of rule XVIII, further pro- from Section 8 of the Reclamation Act of for making the point. I want people to ceedings on the amendment offered by 1902, which requires deference to State au- look at the pictures of the empty res- the gentlewoman from California will thority over water resources. ervoir at Folsom, the near-empty res- be postponed. Republicans have to understand that revert- ervoir at Oroville and remember 800,000 AMENDMENT NO. 5 OFFERED BY MR. DEFAZIO ing back to the 1994 Bay-Delta Accord would acre-feet that could have been retained The Acting CHAIR. It is now in order severely damage the ecosystem. We can’t ne- behind those dams was released by to consider amendment No. 5 printed in gate 20 years of science and expect our eco- water officials for the environmental part B of House Report 113–340. system to survive.

VerDate Mar 15 2010 03:59 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4636 Sfmt 9920 E:\CR\FM\K05FE7.060 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1637 This bill is opposed by a range of stake- Oregon and to areas to the north, and clare a fisheries disaster. Under long- holders from across California and around the it is responsible for as much as 90 per- standing law, the Governor can make country, including Trout Unlimited, the United cent of California’s salmon catch. such a request by sending a letter to Farm Workers, and every major national con- b 1645 the Commerce Secretary. servation and wildlife group. The amendment does not change un- Eighty California environmental, environ- This run and others are in peril due derlying law that requires the Com- mental justice, recreational and commercial to the drought. The reductions in river merce Secretary to determine whether fishing groups, and Indian tribes signed a let- flows will impact incubating eggs, ju- a fisheries disaster declaration is mer- ter of opposition that was sent to all House venile fish that are rearing in the ited. This amendment simply serves as members. upper regions of the river, and fry that a request, but the Commerce Secretary Many water agencies, local governments, are trying to out-migrate to the ocean. still has discretion to make a decision and business groups across California also While many fishing groups are work- on this request. As such, we do not oppose the bill. ing with Federal and State agencies to have any objections to the amendment. And serious economic analysis shows that plan for the drought conditions and I yield back the balance of my time. this bill would devastate our economy. mitigate as much as possible against Mr. DEFAZIO. I thank the gentleman The Delta Protection Commission says that, the potential impacts by facilitating for accepting the amendment, and I ap- ‘‘Delta agriculture supports nearly 23,000 jobs out-migration, we cannot know how preciate his sensitivity to the potential statewide, over $1.9 billion in value added to successful those efforts will be. While disaster for our fisheries. the state, and over $4.6 billion in economic it is likely the drought will not have a With that, I yield back the balance of output in the state of California.’’ large impact on commercial activities my time. Three different studies from UC Davis, Uni- this year, many of these fisheries could The Acting CHAIR. The question is versity of the Pacific, and UC Berkeley esti- see devastating impacts over the next on the amendment offered by the gen- mated that the drought cost approximately several years, particularly in 2015 and tleman from Oregon (Mr. DEFAZIO). 4,000 to 5,000 jobs in 2008/09. 2016. The amendment was agreed to. Former Governor Arnold Schwarzenegger’s This amendment does not mandate a AMENDMENT NO. 6 OFFERED BY MR. HUFFMAN Administration estimated that the two-year clo- fisheries disaster declaration, but it The Acting CHAIR. It is now in order sure of the salmon fishery in 2008 and 2009 will enable the Secretary to issue one to consider amendment No. 6 printed in resulted in the loss of $534 million and almost should it be necessary. Such a declara- part B of House Report 113–340. 5,000 jobs. tion will enable the fishermen to qual- Mr. HUFFMAN. Mr. Chairman, I The Delta Protection Commission stated ify for disaster assistance. Many of have an amendment made in order. that Delta recreation and tourism generates us—whether we are from fisheries in The Acting CHAIR. The Clerk will approximately over 4,900 jobs and $600 mil- the Pacific Ocean, Atlantic Ocean, or designate the amendment. lion in economic output in the state of Cali- the gulf—have dealt with fisheries dis- The text of the amendment is as fol- fornia. asters in the past. lows: During the last drought in California, As California State Governor Brown wrote to At the end of the bill, add the following: I had to literally stalk Secretary California offices: SEC. 504. STATE OF CALIFORNIA WATER REFORM ‘‘H.R. 3964 is an unwelcome and divisive in- Gutierrez of the Bush administration LAWS. trusion into California’s efforts to manage this to get a declaration. JOE BARTON gra- Nothing in this Act or the amendments severe crisis. It would override state laws and ciously had him come in to testify and made by this Act shall interfere with the protections, and mandate that certain water in- put him in a side room and said, Wait State of California’s Delta and water man- terests come out ahead of others; a minute. There are a few Members of agement reform and funding bills of 2009, in- It falsely suggests the promise of water re- Congress who want to talk to you, and cluding SB7x-1, SB7x-2, SB7x-6, and SB7x-7. lief when that is simply not possible given the it was myself and a number of other The Acting CHAIR. Pursuant to scarcity of water supplies. H.R. 3964 would Members from California, Oregon, who House Resolution 472, the gentleman interfere with our ability to respond effectively got him to sign a disaster declaration, from California (Mr. HUFFMAN) and a and flexibly to the current emergency, and and we were successful. Well, this time, Member opposed each will control 5 would re-open old water wounds undermining let’s put it on the desk now and give minutes. years of progress toward reaching a collabo- the Secretary that capability to easily The Chair recognizes the gentleman rative long-term solution to our water needs.’’ declare a disaster. from California. This bill is a radical attempt to put one spe- While it is clear this drought will Mr. HUFFMAN. Mr. Chairman, at cial interest ahead of everyone else in Cali- have wide-ranging economic impacts, this time, I yield myself 3 minutes. fornia, and it would end all productive efforts this amendment will put Commerce Mr. Chairman, we have heard a lot to solve problems in California. Secretary Pritzker on notice that we about 3-inch fish in this debate. In fact, I strongly oppose H.R. 3964 and urge my have the potential to face a major eco- to hear my colleagues in the Repub- colleagues to oppose this dangerous bill. nomic hardship in the fishing industry lican Party tell it, this is a story of a Mr. DEFAZIO. Reclaiming my time, as well. 3-inch fish that is taking water away in Mr. Chairman, on January 17, 2014, the This amendment will ensure that our this critical drought that should be al- Governor of California issued a procla- fisheries and our fishing industries located to people. mation, a state of emergency regarding that depend upon salmon stocks from Well, the truth is, Mr. Chairman, you the drought. My amendment simply California rivers will be given due con- would have to have the brain of a 3- states that the Secretary of Commerce sideration as these impacts unfold. inch fish to believe that narrative. should treat this emergency proclama- I reserve the balance of my time. There is no such thing happening in tion as requested by the Governor Mr. HASTINGS of Washington. Mr. this critical drought year. What is hap- under Section 312 of the Magnuson-Ste- Chairman, I ask unanimous consent to pening, however, is some people are vens Act to determine whether there is claim time in opposition, although I cynically trying to capitalize on the a commercial fishery failure for any am not opposed to the amendment. worst drought in California history in fisheries that originate in the State of The Acting CHAIR. Without objec- order to steal water from some parts of California. tion, the gentleman is recognized for 5 the State and from other water users Many charter and commercial boat minutes. and give it to a few. In fact, if this bill fisheries on the west coast are depend- There was no objection. were accurately named, it would be ent upon chinook and coho salmon Mr. HASTINGS of Washington. Mr. called the ‘‘Massive Federal Preemp- stock that originate in Colorado’s riv- Chairman, I yield myself such time as tion Overreach and Water Theft Act for ers and then migrate to the Pacific I may consume. the Elections of 2014,’’ but it is, in fact, Ocean, where they are harvested. Mr. Chairman, as the ranking mem- pretending to be something quite dif- Just one of these runs, the fall-run ber stated, this amendment states that ferent. chinook from the Central Valley, turns the California Governor’s declared We need to ask ourselves why the north, and it makes up as much as 50 drought emergency is considered a re- State of California is so passionately percent of the salmon production off quest to the Federal Government to de- opposing this bill. Attorney General

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.031 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1638 CONGRESSIONAL RECORD — HOUSE February 5, 2014 Kamala Harris wrote a letter just yes- this is subject to litigation not only at This is designed to kill the bill. This is terday following the same position the State level but will be used as a a sneaky little lawyer amendment de- that prior attorneys general have al- means, if this amendment is adopted, signed for litigation. This amendment, ways taken on this issue, including Re- to litigate this bill and delay the bal- Valadao amendment, stops all litiga- publican attorneys general, that the ance that it restores. tion and gives back the people of Cali- Federal Government should abide by That balance was established by the fornia their water, and it quits wasting the 100-year precedent of deference, of bipartisan Bay Delta Accord that was water. That is what this does. cooperative Federalism, letting Cali- hailed by all sides as a historic agree- I can understand why my friends on fornia administer its own water rights ment to serve the coequal goals of the other side of the aisle don’t like to and allocate that water instead of the human prosperity and environmental talk about the little 3-inch fish, which, sweeping preemption that we see in protection. When that agreement was I guess it has a little brain now. Well, this bill. signed, Interior Secretary Bruce Bab- it is a bait fish; of course it has a little This bill would upset the most basic bitt assured all parties that ‘‘a deal is brain. tenets of California water law. The fact a deal, and if it turns out there is a The folks you have to ask yourselves that the California constitution pro- need for additional water, it will come about are the ones who come down here vides the State the ability to allocate at the expense of the Federal Govern- and talk about State preemptions when water, the ability to administer things ment.’’ The water diversions for the they know the Endangered Species Act like the public trust doctrine, all of delta smelt, based upon the same op- is a preemption. They know what that is repealed and swept away by the portunity to litigate that this amend- passed in 1992 was a State preemption. preemption provisions in this bill. It ment renews, shattered that promise. They know what passed in 2009 was a doesn’t have to be that way. This bill redeems it. The amendment State preemption. Sneaky little law- In a crisis like this, it actually is should be rejected. yers all over the place. possible for Republicans and Demo- I reserve the balance of my time. Money, Mr. Chairman, money. It is crats and people from all parts of the Mr. HUFFMAN. Mr. Chairman, the about money. It is about NRDC. NRDC State to come together and solve prob- public trust doctrine and the coequal has made millions of dollars that we lems. I know that because I was part of goals articulated in that 2009 California still cannot get an accounting for. Mr. something just like that that happened legislation are the centerpieces of Cali- Chairman, I want to know, how much in our last multiyear critical drought. fornia water. Without those coequal money has NRDC made off of bringing I chaired the Water Committee in the goals codified in that State law, the en- water lawsuits in the State of Cali- State Assembly in 2009 when there was tire Bay Delta conservation plan is fornia? Millions. Millions and millions a historic water package passed, a over. It is done. It has zero chance of and millions. That is what this amend- package that was supported by Repub- success. ment is designed to do, is to create jobs Without the public trust doctrine and licans and Democrats, signed by a Re- for lawyers. That is what this is about. other State laws in critical years publican Governor, supported by people So I would advise and ask my col- where a fully allocated and appro- from inland Central Valley California, leagues to kill this amendment by vot- priated system like we have in Cali- southern California, urban areas. Na- ing ‘‘no.’’ fornia, where tough balancing decisions tional media like The New York Times Mr. MCCLINTOCK. I yield back the called it the most significant water re- have to be made by the State water balance of my time. form in California in 60 years. board, without those basic tools for The Acting CHAIR. The question is Well, unfortunately, all of that, too, how to do that job, they can’t do their on the amendment offered by the gen- job. They can’t allocate a diminishing is repealed, just swept away by the tleman from California (Mr. HUFFMAN). overreaching preemption in this bill. resource, and the entire system of The question was taken; and the Act- The amendment I am offering, Mr. water and water rights allocation is ing Chair announced that the noes ap- Chairman, would say, at least let’s thrown into chaos. peared to have it. save what the national media and just So to hear my friend talk about his Mr. HUFFMAN. Mr. Chairman, I de- about everybody else in the water concern for litigation, I have to say, mand a recorded vote. world had called the most important this is the recipe for endless litigation, The Acting CHAIR. Pursuant to thing, the best thing to happen in Cali- confusion, and uncertainty in Cali- clause 6 of rule XVIII, further pro- fornia water in the last 60 years. Let’s fornia. This is essentially throwing a ceedings on the amendment offered by save that from preemption as this bill grenade into California water that the gentleman from California will be goes forward if the amendment is made would ignite a water war unlike any- postponed. in order, and I would request that my thing we have ever seen. AMENDMENT NO. 7 OFFERED BY MR. MCNERNEY colleagues vote ‘‘yes’’ on it. I reserve the balance of my time. The Acting CHAIR. It is now in order Mr. MCCLINTOCK. Mr. Chairman, I Mr. MCCLINTOCK. Mr. Chairman, we rise in opposition to the amendment. are ready to close when the gentleman to consider amendment No. 7 printed in The Acting CHAIR. The gentleman from California is. part B of House Report 113–340. from California is recognized for 5 min- Mr. HUFFMAN. With that, Mr. Mr. MCNERNEY. Mr. Chairman, I utes. Chairman, I would simply request a have an amendment at the desk. Mr. MCCLINTOCK. Mr. Chairman, ‘‘yes’’ vote. It doesn’t have to be par- The Acting CHAIR. The Clerk will my objection to this amendment is tisanship. It doesn’t have to be taking designate the amendment. similar to others of its ilk. It would water from one part of the State or The text of the amendment is as fol- allow litigation to block implementa- from one set of users and giving it to lows: tion of this bill indefinitely. There is, the other, scapegoating the 3-inch fish. At the end of the bill, add the following: of course, nothing in this bill that There is actually a way to solve SEC. 504. EFFECTIVE DATE CONDITIONS. would interfere with the State’s water water problems, even in California Nothing in this Act shall take effect until bond or its groundwater monitoring or where water is scarce. We did it in 2009. the Secretary of the Interior, in consultation groundwater conservation. Indeed, it with the Secretary of Agriculture, deter- It was widely recognized as historic, mines that carrying out this Act and the will improve groundwater conservation important, and positive. Let’s save amendments made by this Act shall not have since it brings balance back to surface those 2009 water reforms from being a harmful effect on water quality or water water deliveries and restores the incen- roadkill from this reckless piece of leg- availability for agricultural producers in the tives for groundwater recharging. islation and vote ‘‘yes’’ on this amend- five Delta Counties (Contra Costa County, The poison pill is not only the pros- ment. Sacramento County, San Joaquin County, pect of indefinite delay based upon the I yield back the balance of my time. Solano County, and Yolo County, Cali- allegation of a single individual that Mr. MCCLINTOCK. Mr. Chairman, I fornia). can find the ear of a sympathetic am pleased to yield the balance of my The Acting CHAIR. Pursuant to judge. It is introducing the subjective time to the gentleman from California House Resolution 472, the gentleman standard of coequal goals for the delta. (Mr. NUNES). from California (Mr. MCNERNEY) and a The term ‘‘coequal goals’’ is some- Mr. NUNES. Mr. Chairman, I want to Member opposed each will control 5 thing that is subjective. A term like reiterate what Mr. MCCLINTOCK said. minutes.

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00044 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.067 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1639 The Chair recognizes the gentleman stolen from northern California in vio- amendment was brought up 2 years ago from California. lation of State water rights. It and rejected, once again, on a bipar- Mr. MCNERNEY. Mr. Chairman, I strengthens the water rights that exist tisan vote of 177–243. rise to offer an amendment to H.R. in current law. It means that water I now yield the balance of my time to 3964, which I urge all of my colleagues cannot be stolen from northern Cali- the gentleman from California (Mr. to support. fornia even by the State itself. VALADAO), the author of this important As my colleagues know, I am honored This amendment offered by my friend legislation. to represent the people of San Joaquin is a variation of the amendment of- Mr. VALADAO. Mr. Chairman, as Delta. The delta is a precious resource fered by the gentleman from California someone who farms myself, I under- that provides tremendous economic (Mr. BERA) earlier. It gives the Sec- stand the value of water, and when the benefits to our entire State. Preserving retary of the Interior the ability to State Water Resources Control Board the delta should be a priority for all of suspend most provisions of this law issues a cease and desist order in the California. until she certifies it will have no ad- gentleman’s district for illegally di- Agriculture is the economic back- verse effect on delta agricultural verting water—that was something bone of the delta region, generating water. Well, the same points apply. De- when I spent some time up in Sac- about $3 billion of economic activity a spite the fact that this bill strengthens ramento, I actually got on a boat and year in my district. Three billion dol- water rights in which the delta is sen- went around the delta and noticed so lars is a lot of money for us, and our ior to the Central Valley, this bill many pumps out there with no meters producers rely on high quality water would give the Secretary, on whim, the pumping water and pumping above for their products. power to ignore this law even in wet their right, taking more water than As currently written, H.R. 3964 will years, an authority her predecessor has they were supposed to to the level of ship more water out of the delta, even already emphatically proven can and 77.7 cubic feet per second illegally. So though current shipments have already will be abused. when we talk about stealing water, threatened the water quality for our I will challenge the gentleman to cite there is a lot going on there that needs delta farmers. one example of a complaint that agri- to be talked about. During debate on this legislation in cultural water in the delta was ad- More importantly, yes, water is an the previous Congress, we were told versely affected during all the years important resource, and we should re- that the bill was a great deal for the the Bay Delta Accord was in effect. spect that and appreciate the quality, delta, and yet delta counties opposed This bill merely restores the Bay Delta but to insert more bureaucracy in the the legislation then, and we still Accord while strengthening northern middle to prevent us from taking what strongly oppose the legislation now. California water rights. If he cannot is rightfully ours and then have the au- That is because this bill, as Governor cite even one example, he must admit dacity to dump sewage in this water Brown says, will mandate that certain that this amendment is a hoax de- and then claim you are trying to pro- water interests come out ahead of oth- signed to nullify the law. tect it and keep it clean, we are talk- ers. I reserve the balance of my time. ing sewage from these communities, All of California is experiencing a Mr. MCNERNEY. Mr. Chairman, our 380 million gallons per day being drought that threatens nearly 82,000 farmers are already experiencing salt- dumped in the delta, and then they farmers and ranchers in the State. We water intrusion. Saltwater levels are come and tell us they are trying to pro- should not be pitting farmers against increasing. Shipping more water south tect and keep this water clean. each other. Simply put, this bill will of the delta is going to increase our Mr. MCCLINTOCK. Mr. Chair, I yield steal water from northern California saltwater concentration. This is a back the balance of my time. and devastate water quality for delta known, ongoing problem. The Acting CHAIR. The question is farmers. I ask my colleague, Mr. Chairman, on the amendment offered by the gen- that if he is confident that the bill will b 1700 tleman from California (Mr. MCNER- benefit California farmers, including NEY). Farmers need freshwater, not salt- delta farmers, then he should support The question was taken; and the Act- water, for their harvest. What my col- my amendment, because that is ex- ing Chair announced that the noes ap- leagues are saying is this: We have got actly what we are asking it to do—to peared to have it. the votes, we have got the money, let’s allow the Secretary of Agriculture and Mr. MCNERNEY. Mr. Chair, I demand go take the water; in other words, the allow the Secretary of the Interior to a recorded vote. doctrine of might makes right. make an assessment before water is The Acting CHAIR. Pursuant to Mr. Chairman, we should follow es- shipped, lowering our quality. clause 6 of rule XVIII, further pro- tablished law and protect the rights of So, with that, I reserve the balance ceedings on the amendment offered by the delta farmers. That is why I am of- of my time. the gentleman from California will be fering a simple amendment to make Mr. MCCLINTOCK. Mr. Chairman, we postponed. sure that the most harmful provisions are ready to close if the gentleman is. AMENDMENT NO. 8 OFFERED BY MR. PETERS OF of this bill do not take effect until the Mr. MCNERNEY. Mr. Chairman, basi- CALIFORNIA Department of the Interior and the De- cally, I am asking my colleagues to The Acting CHAIR. It is now in order partment of Agriculture verify that give us a chance to make sure that our to consider amendment No. 8 printed in water quality for agriculture in the farmers are not damaged, our farmers part B of House Report 113–340. delta region is not negatively affected. are not hurt and that our $3 billion of Mr. PETERS of California. Mr. Chair- Proponents of H.R. 3964 claim that economic activity is not curtailed in man, I have an amendment at the desk. the bill is pro-farmer, but this bill favor of a bill of doubtful quality. I The Acting CHAIR. The Clerk will steals water from one part of California think it is going to make a difference if designate the amendment. and gives it to another. If the authors we can just work together, find a solu- The text of the amendment is as fol- of H.R. 3964 support farmers through- tion that all the stakeholders can abide lows: out the entire State, they should sup- by and not resort to what appears to be At the end of the bill, add the following port my amendment. a water steal. (and conform the table of contents accord- Mr. Chairman, I reserve the balance I think my farmers are going to ask ingly): of my time. me to defend their water quality, and SEC. 504. COMMUNITY WATER SUPPLIES AND Mr. MCCLINTOCK. Mr. Chairman, I that is exactly what I am doing. If my WATER BUDGETS NOT ADVERSELY rise in opposition to the amendment. colleagues are supporting defending AFFECTED. The Acting CHAIR. The gentleman the farmers and the rights of the farm- This Act and the amendments made by from California is recognized for 5 min- this Act shall not adversely affect any com- ers throughout the State, then they munity’s water supply or water budget for utes. should support my amendment. future years, taking into account predicted Mr. MCCLINTOCK. Mr. Chairman, I yield back the balance of my time. dry years. For the purpose of this section, the gentleman has it exactly back- Mr. MCCLINTOCK. Mr. Chairman, I the term ‘‘water budget’’ means an account- wards. This prevents water from being remind the House that this same ing of the rates of water movement and the

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00045 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.069 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1640 CONGRESSIONAL RECORD — HOUSE February 5, 2014 change in water storage in all or parts of the to meet their State-mandated water-ef- Yosemite, where San Francisco gets all atmosphere, land surface, and subsurface of ficiency targets for 2020. Total regional of its water. Then the water runs out. an area. consumption of potable water in 2013 That is how it works. That is how the The Acting CHAIR. Pursuant to was 24 percent lower than in 2007. system was designed to work. House Resolution 472, the gentleman By raising the San Vicente Dam, the If you don’t understand this chart, I from California (Mr. PETERS) and a largest dam raise in the Western Hemi- have another chart. Once again, I Member opposed each will control 5 sphere, and constructing the apologize, Mr. Chairman, because this minutes. Olivenhain Dam, San Diego has dra- one is a little basic. But, sun—sun cre- The Chair recognizes the gentleman matically increased its storage capa- ates heat. Heat melts ice. Ice becomes from California. bility, which will supply adequate stor- water. Water we use to drink and irri- Mr. PETERS of California. Mr. Chair- age during dry years. The San Diego gate our crops. That is how this works. man, California is experiencing its County Water Authority and the city Government doesn’t create water. worst drought in decades, threatening of San Diego are national leaders in re- Government can only help to create local drinking water supplies, power cycling wastewater and in desalina- the infrastructure to hold the water in generation and California’s economy, tion, turning ocean water into usable an area that is like California that is and relief does not seem to be near at potable water. always in a drought. hand. So San Diego has done, and is con- So our friends from the coastal areas More than three-quarters of the tinuing to do, its part because we have of California like to have it both ways. State is in extreme or exceptional done a good job of conserving, pre- They like to drink their water from the drought, and it affects every resident paring and investing as needed to mini- Sierra Nevadas and pipe it over so it in my home State. It would be wrong mize the coming hardships. A real never has to go into the delta. At the to take action today that would help drought solution should not put any same time, they dump their sewage one part of the State but harm an- community at risk of losing future into the delta that kills the fish. other. water supplies to another region with- So this bill was not designed to make In its current form, the bill is not out addressing better measures to con- it rain. Nobody can do that. We don’t clear on how reallocating thousands of serve and store water. need to measure clouds. This bill is de- acre-feet of water from the San Joa- This certainly is not the last drought signed to get the water that we have in quin River restoration to the State’s California will face. We will continue the wet years and hold it for the dry agricultural sector will affect future to have water supply challenges, and years. water supply. We must think about the we need to be continuing to prepare for Mr. PETERS of California. Mr. Chair- long-term impacts of today’s water de- the future. All users must become more man, I guess we have come to some cisions, and my amendment ensures resilient, and any action now should agreement that the Government can’t that this bill will not adversely affect have the foresight to maintain water create water, and that is productive. I any community’s water supply or supplies for dry years that are sure to guess what I would say is that we are water budget, especially during pre- come. at 12 percent of snow pack in the Sierra dicted dry years. I urge my colleagues to support my Nevada, which has functioned as our It is imperative that we figure out amendment to protect communities water storage, and it is not there. how to ensure sustainable water sup- across California and to promote a What I would say is that over dec- plies so that next year or in 5 years or long-term vision for protecting our ades, the State, the Federal Govern- in 20 years, Californians on the farms, scarce water resources. I reserve the ment, the cities and agencies within in the suburbs or in our cities will still balance of my time. California have worked to deal with a have enough water to drink to pursue Mr. MCCLINTOCK. Mr. Chairman, I framework for addressing this kind of their livelihoods. rise in opposition to the amendment. situation, and the bill, as it is con- Water is our most precious resource, The Acting CHAIR. The gentleman stituted, would change that. and we must manage it carefully. The from California is recognized for 5 min- All my amendment does is give some underlying bill does not create more utes. assurance to communities that in the water and will not make it rain. We Mr. MCCLINTOCK. Mr. Chairman, event that there are water transfers must make sure that decisions made California has been plagued by litiga- that their particular water budgets here in Washington won’t hurt every- tion and regulation, delay and obfusca- would not be affected. day Californians. tion on its water policy, and we are I think it is a reasonable assurance Water decisions in California affect now living with the result of that. to give. I think the author of the bill every part of the State, including my The gentleman offers us an amend- might suggest it is already there. If it district in southern California. Re- ment that is more of the same—in fact, is, let’s codify it, and it will make the cently, the State Water Project an- in this case, delaying the bill until the bill much better to provide that assur- nounced a zero allocation for this year. Federal Government measures the ance to cities, counties, agencies and This unprecedented move means that water content of clouds. Enough is the State that has worked so hard for southern California communities, in- enough. It is a time now for action, and developing a framework for dealing cluding San Diego, will get no water this bill calls for action. with this very situation. from the Bay Delta in the northern I now yield 2 minutes to the gen- I yield back the balance of my time. part of the State. tleman from California (Mr. NUNES). Mr. MCCLINTOCK. Mr. Chairman, I Reallocating and rerouting water Mr. NUNES. Mr. Chairman, this am pleased to yield the balance of my will not solve that problem. The real amendment is another stall tactic. time to the gentleman from California solution is to become resilient in the There have been several speakers who (Mr. VALADAO), the author of the meas- face of future droughts through im- have talked about how this bill creates ure. proved conservation, expanded storage no water. Well, I hate to break it to and increased diversity in our water people, but bills don’t create water. It b 1715 supplies. rains. That is why the founding fathers Mr. VALADAO. Mr. Chairman, we are San Diego was devastated by drought of our State, including Franklin Roo- coming to an end here and this bill is in the 1970s, and since then, southern sevelt and John F. Kennedy, two about to get voted on. What we have California has made necessary invest- United States presidents, worked with got going on here, and we have all fig- ments to better prepare for, respond to the leadership of California to develop ured it out from all the colorful presen- and withstand drought. Over several a system that could keep water for 5 tations and all the pictures on both decades, San Diego has reduced its years so we could withstand 5 years of sides, we are in a drought. We know long-term water demand and has in- drought. that. We can’t make it rain; we also vested in increased efficiency. I hate to have to use this, but this is know that. But we also know that over Per capita water use has decreased how it works. Mr. Chairman, the sun the years our forefathers invested to about 27 percent since 2007, and local melts the snow. The snow gets stored make sure that we can alleviate the cities and water districts are on pace in the reservoirs, in this case this is pain of what we are going through

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00046 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.027 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1641 today. We did not use that the way we ANNOUNCEMENT BY THE ACTING CHAIR Moore Rahall Speier were supposed to. The Acting CHAIR. Pursuant to Moran Rangel Swalwell (CA) Murphy (FL) Richmond Takano This is the third time this graph is clause 6 of rule XVIII, proceedings will Nadler Roybal-Allard Thompson (CA) coming up, and I think it is important. now resume on those amendments Napolitano Ruiz Thompson (MS) All the different years that we have printed in part B of House Report 113– Neal Ruppersberger Tierney Negrete McLeod Ryan (OH) Titus gone through a drought, we have had 340 on which further proceedings were Nolan Sa´ nchez, Linda decent allocations. The green here is Tonko postponed, in the following order: O’Rourke T. Tsongas Owens Sanchez, Loretta the allocation for 2013, of 20 percent. Amendment No. 1 by Mrs. NAPOLI- Van Hollen Pallone Sarbanes Yet we had all this water in storage. Veasey TANO of California. Pascrell Schakowsky What happened to this water? When ev- Amendment No. 2 by Ms. MATSUI of Pastor (AZ) Schiff Vela ´ erybody talks about how their commu- California. Payne Schneider Velazquez Visclosky nities are running out of water, this Amendment No. 3 by Mr. BERA of Pelosi Scott (VA) Perlmutter Scott, David Wasserman water should have been going to those California. Peters (CA) Serrano Schultz districts, should have been going to Amendment No. 4 by Mrs. CAPPS of Peters (MI) Sewell (AL) Waters those homes. California. Pingree (ME) Shea-Porter Waxman Kids, parents, families, farmers, this Pocan Sherman Welch Amendment No. 6 by Mr. HUFFMAN of Polis Sires Wilson (FL) water should have been going to you to California. Price (NC) Slaughter Yarmuth grow crops, to feed families. This is im- Amendment No. 7 by Mr. MCNERNEY Quigley Smith (WA) portant. That is the most important of California. NOES—239 part about this. We had a lot of water. Amendment No. 8 by Mr. PETERS of We lost it all. It was dumped out into California. Aderholt Gibbs Mullin the ocean in the name of a fish. Amash Gibson Mulvaney The Chair will reduce to 2 minutes Bachmann Gingrey (GA) Murphy (PA) Mr. GARAMENDI. Mr. Chairman, the minimum time for any electronic Bachus Goodlatte Neugebauer will the gentleman yield? vote after the first vote in this series. Barber Gowdy Noem Mr. VALADAO. I yield to the gen- Barletta Granger Nugent AMENDMENT NO. 1 OFFERED BY MRS. tleman from California. Barr Graves (GA) Nunes NAPOLITANO Barrow (GA) Graves (MO) Nunnelee Mr. GARAMENDI. I thank the gen- The Acting CHAIR. The unfinished Barton Griffin (AR) Olson tleman for yielding. Benishek Griffith (VA) Palazzo business is the demand for a recorded We are going back and forth with a Bentivolio Grimm Paulsen vote on the amendment offered by the Bilirakis Guthrie Pearce lot of numbers here, and there’s some- gentlewoman from California (Mrs. Bishop (GA) Hall Perry thing we need to understand. The allo- Bishop (UT) Hanna Peterson NAPOLITANO) on which further pro- cation is a number that is taken from Black Harper Petri ceedings were postponed and on which the nature of the—that the water year Blackburn Harris Pittenger the noes prevailed by voice vote. Boustany Hartzler Pitts is supposed to be. That is the early al- The Clerk will redesignate the Brady (TX) Hastings (WA) Poe (TX) location. Bridenstine Heck (NV) Pompeo Mr. VALADAO. Reclaiming my time, amendment. Brooks (AL) Hensarling Posey the most important thing I have no- The Clerk redesignated the amend- Brooks (IN) Herrera Beutler Price (GA) ment. Broun (GA) Holding Reed ticed over time with the studies and Buchanan Hudson Reichert the reports is that the food prices do RECORDED VOTE Bucshon Huelskamp Renacci not affect the people in this room. We The Acting CHAIR. A recorded vote Burgess Huizenga (MI) Ribble has been demanded. Byrne Hultgren Rice (SC) all know from all the news articles, at Calvert Hunter Rigell least half of the people in this room, A recorded vote was ordered. Camp Hurt Roby money is no issue to you. For the aver- The vote was taken by electronic de- Campbell Issa Roe (TN) vice, and there were—ayes 179, noes 239, Cantor Jenkins Rogers (AL) age person sitting at home watching Capito Johnson (OH) Rogers (KY) today, this has a direct impact on you not voting 13, as follows: Ca´ rdenas Johnson, Sam Rogers (MI) at home. It has a direct impact on you [Roll No. 42] Carter Jones Rohrabacher at your grocery store, on your grocery Cassidy Jordan Rokita AYES—179 Chabot Joyce Rooney bill. Andrews Delaney Jeffries Coble Kelly (PA) Ros-Lehtinen This is an important piece of legisla- Bass DeLauro Johnson (GA) Coffman King (IA) Roskam tion, and I would love to see some Beatty DelBene Johnson, E. B. Cole King (NY) Ross other ideas that could actually deliver Becerra Deutch Kaptur Collins (GA) Kingston Rothfus Bera (CA) Dingell Keating Collins (NY) Kinzinger (IL) Royce some water, not more ideas to take Bishop (NY) Doggett Kelly (IL) Conaway Kirkpatrick Runyan water from the valley and send it out Blumenauer Doyle Kennedy Cook Kline Ryan (WI) to the ocean. We have seen that. We Bonamici Duckworth Kildee Costa Labrador Salmon Brady (PA) Edwards Kilmer Cotton LaMalfa Sanford have done that. We have survived on Braley (IA) Engel Kind Cramer Lamborn Scalise that. We need to come up with some Brown (FL) Enyart Kuster Crawford Lance Schock actual ideas and help protect water for Brownley (CA) Eshoo Langevin Crenshaw Lankford Schrader our futures, for our communities in Bustos Esty Larsen (WA) Culberson Latham Schweikert Butterfield Farr Lee (CA) Davis, Rodney Latta Scott, Austin southern California like the author Capps Fattah Levin Denham LoBiondo Sensenbrenner would like to see. Capuano Foster Lewis Dent Long Sessions Mr. MCCLINTOCK. Mr. Chair, I yield Carney Frankel (FL) Lipinski DeSantis Lucas Shimkus Carson (IN) Fudge Loebsack DesJarlais Luetkemeyer Shuster back the balance of my time. Cartwright Gabbard Lofgren Diaz-Balart Lummis Simpson The Acting CHAIR. Members are re- Castor (FL) Garamendi Lowenthal Duffy Marchant Sinema minded to direct their remarks to the Castro (TX) Garcia Lowey Duncan (SC) Marino Smith (MO) Chair. Chu Grayson Lujan Grisham Duncan (TN) Massie Smith (NE) Cicilline Green, Al (NM) Ellison Matheson Smith (NJ) The question is on the amendment Clark (MA) Green, Gene Luja´ n, Ben Ray Ellmers McAllister Smith (TX) offered by the gentleman from Cali- Clarke (NY) Grijalva (NM) Farenthold McCarthy (CA) Southerland fornia (Mr. PETERS). Clay Gutie´rrez Lynch Fincher McCaul Stewart The question was taken; and the Act- Cleaver Hahn Maffei Fitzpatrick McClintock Stivers Clyburn Hanabusa Maloney, Fleischmann McHenry Stockman ing Chair announced that the noes ap- Cohen Hastings (FL) Carolyn Fleming McIntyre Stutzman peared to have it. Connolly Heck (WA) Maloney, Sean Flores McKeon Terry Mr. PETERS of California. Mr. Chair, Conyers Higgins Matsui Forbes McKinley Thompson (PA) Cooper Hinojosa McCollum Fortenberry McMorris Thornberry I demand a recorded vote. Crowley Holt McDermott Foxx Rodgers Tiberi The Acting CHAIR. Pursuant to Cuellar Honda McGovern Franks (AZ) Meadows Tipton clause 6 of rule XVIII, further pro- Cummings Horsford McNerney Frelinghuysen Meehan Turner ceedings on the amendment offered by Davis (CA) Hoyer Meeks Gallego Messer Upton Davis, Danny Huffman Meng Gardner Mica Valadao the gentleman from California will be DeFazio Israel Michaud Garrett Miller (FL) Wagner postponed. DeGette Jackson Lee Miller, George Gerlach Miller (MI) Walberg

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00047 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.073 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1642 CONGRESSIONAL RECORD — HOUSE February 5, 2014 Walden Westmoreland Womack Kuster Nadler Schrader Sessions Thompson (PA) Westmoreland Walorski Whitfield Woodall Langevin Napolitano Scott (VA) Shimkus Thornberry Whitfield Walz Williams Yoder Larsen (WA) Neal Scott, David Shuster Tiberi Williams Weber (TX) Wilson (SC) Yoho Larson (CT) Negrete McLeod Serrano Simpson Tipton Wilson (SC) Webster (FL) Wittman Young (AK) Lee (CA) Nolan Sewell (AL) Smith (MO) Turner Wittman Wenstrup Wolf Young (IN) Levin O’Rourke Shea-Porter Smith (NE) Upton Wolf Lewis Owens Sherman Smith (NJ) Valadao NOT VOTING—13 Womack Lipinski Pallone Sinema Smith (TX) Wagner Woodall Southerland Walberg Amodei Gosar Rush Loebsack Pascrell Sires Yoder Lofgren Pastor (AZ) Slaughter Stewart Walden Chaffetz Himes Schwartz Yoho Courtney Larson (CT) Lowenthal Payne Smith (WA) Stivers Walorski Vargas Young (AK) Daines McCarthy (NY) Lowey Pelosi Speier Stockman Weber (TX) Young (IN) Gohmert Miller, Gary Lujan Grisham Perlmutter Swalwell (CA) Stutzman Webster (FL) (NM) Peters (CA) Takano Terry Wenstrup Luja´ n, Ben Ray Peters (MI) Thompson (CA) b 1744 (NM) Pingree (ME) Thompson (MS) NOT VOTING—10 Mr. CRAWFORD, Mrs. KIRK- Lynch Pocan Tierney Amodei Gosar Rush Maffei Polis Titus Chaffetz McCarthy (NY) Schwartz PATRICK, and Messrs. FARENTHOLD Maloney, Price (NC) Tonko Daines McCaul and MCHENRY changed their vote from Carolyn Quigley Tsongas Gohmert Miller, Gary Maloney, Sean Rahall Van Hollen ‘‘aye’’ to ‘‘no.’’ ANNOUNCEMENT BY THE ACTING CHAIR Ms. LORETTA SANCHEZ of Cali- Matsui Rangel Vargas McCollum Richmond Veasey The Acting CHAIR (during the vote). fornia changed her vote from ‘‘no’’ to McDermott Roybal-Allard Vela There is 1 minute remaining. ‘‘aye.’’ McGovern Ruiz Vela´ zquez So the amendment was rejected. McIntyre Ruppersberger Visclosky McNerney Ryan (OH) Walz b 1749 The result of the vote was announced Meeks Sa´ nchez, Linda Wasserman as above recorded. Meng T. Schultz Mr. REED changed his vote from Stated for: Michaud Sanchez, Loretta Waters ‘‘aye’’ to ‘‘no.’’ Miller, George Sarbanes Waxman Mr. CA´ RDENAS changed his vote Mr. HIMES. Mr. Chair, on February 5, 2014, Moore Schakowsky Welch I was unable to cast my vote for the amend- Moran Schiff Wilson (FL) from ‘‘no’’ to ‘‘aye.’’ ment offered by Representative NAPOLITANO to Murphy (FL) Schneider Yarmuth So the amendment was rejected. H.R. 3964, rollcall vote No. 42. Had I been The result of the vote was announced NOES—228 present, I would have voted ‘‘yea.’’ as above recorded. Aderholt Franks (AZ) McAllister AMENDMENT NO. 3 OFFERED BY MR. BERA OF AMENDMENT NO. 2 OFFERED BY MS. MATSUI Amash Frelinghuysen McCarthy (CA) CALIFORNIA The Acting CHAIR. The unfinished Bachmann Gardner McClintock business is the demand for a recorded Bachus Garrett McHenry The Acting CHAIR. The unfinished Barletta Gerlach McKeon business is the demand for a recorded vote on the amendment offered by the Barr Gibbs McKinley gentlewoman from California (Ms. Benishek Gibson McMorris vote on the amendment offered by the MATSUI) on which further proceedings Bentivolio Gingrey (GA) Rodgers gentleman from California (Mr. BERA) were postponed and on which the noes Bilirakis Goodlatte Meadows on which further proceedings were Bishop (GA) Gowdy Meehan postponed and on which the noes pre- prevailed by voice vote. Bishop (UT) Granger Messer The Clerk will redesignate the Black Graves (GA) Mica vailed by voice vote. amendment. Blackburn Graves (MO) Miller (FL) The Clerk will redesignate the Boustany Griffin (AR) Miller (MI) amendment. The Clerk redesignated the amend- Brady (TX) Griffith (VA) Mullin ment. Bridenstine Grimm Mulvaney The Clerk redesignated the amend- RECORDED VOTE Brooks (AL) Guthrie Murphy (PA) ment. Brooks (IN) Hall Neugebauer RECORDED VOTE The Acting CHAIR. A recorded vote Broun (GA) Hanna Noem has been demanded. Buchanan Harper Nugent The Acting CHAIR. A recorded vote A recorded vote was ordered. Bucshon Harris Nunes has been demanded. Burgess Hartzler Nunnelee A recorded vote was ordered. The Acting CHAIR. This will be a 2- Byrne Hastings (WA) Olson minute vote. Calvert Heck (NV) Palazzo The Acting CHAIR. This will be a 2- The vote was taken by electronic de- Camp Hensarling Paulsen minute vote. vice, and there were—ayes 193, noes 228, Campbell Herrera Beutler Pearce The vote was taken by electronic de- Cantor Holding Perry vice, and there were—ayes 194, noes 226, not voting 10, as follows: Capito Hudson Peterson [Roll No. 43] Carter Huelskamp Petri not voting 11, as follows: Cassidy Huizenga (MI) Pittenger [Roll No. 44] AYES—193 Chabot Hultgren Pitts Andrews Cohen Gallego Coble Hunter Poe (TX) AYES—194 Barber Connolly Garamendi Coffman Hurt Pompeo Andrews Cohen Gabbard Barrow (GA) Conyers Garcia Cole Issa Posey Barber Connolly Gallego Barton Cooper Grayson Collins (GA) Jenkins Price (GA) Bass Conyers Garamendi Bass Courtney Green, Al Collins (NY) Johnson (OH) Reed Beatty Cooper Garcia Beatty Crowley Green, Gene Conaway Johnson, Sam Reichert Becerra Courtney Gibson Becerra Cuellar Grijalva Cook Jones Renacci Bera (CA) Crowley Grayson Bera (CA) Cummings Gutie´rrez Costa Jordan Ribble Bishop (GA) Cuellar Green, Al Bishop (NY) Davis (CA) Hahn Cotton Joyce Rice (SC) Bishop (NY) Cummings Green, Gene Blumenauer Davis, Danny Hanabusa Cramer Kelly (PA) Rigell Blumenauer Davis (CA) Grijalva Bonamici DeFazio Hastings (FL) Crawford King (IA) Roby Bonamici Davis, Danny Gutie´rrez Brady (PA) DeGette Heck (WA) Crenshaw King (NY) Roe (TN) Brady (PA) DeFazio Hahn Braley (IA) Delaney Higgins Culberson Kingston Rogers (AL) Braley (IA) DeGette Hanabusa Brown (FL) DeLauro Himes Davis, Rodney Kinzinger (IL) Rogers (KY) Brown (FL) Delaney Hastings (FL) Brownley (CA) DelBene Hinojosa Denham Kirkpatrick Rogers (MI) Brownley (CA) DeLauro Heck (WA) Bustos Deutch Holt Dent Kline Rohrabacher Bustos DelBene Higgins Butterfield Dingell Honda DeSantis Labrador Rokita Butterfield Deutch Himes Capps Doggett Horsford DesJarlais LaMalfa Rooney Capps Dingell Hinojosa Capuano Doyle Hoyer Diaz-Balart Lamborn Ros-Lehtinen Capuano Doggett Holt Ca´ rdenas Duckworth Huffman Duffy Lance Roskam Ca´ rdenas Doyle Honda Carney Edwards Israel Duncan (SC) Lankford Ross Carney Duckworth Horsford Carson (IN) Ellison Jackson Lee Duncan (TN) Latham Rothfus Carson (IN) Edwards Hoyer Cartwright Engel Jeffries Ellmers Latta Royce Cartwright Ellison Huffman Castor (FL) Enyart Johnson (GA) Farenthold LoBiondo Runyan Castor (FL) Engel Israel Castro (TX) Eshoo Johnson, E. B. Fincher Long Ryan (WI) Castro (TX) Enyart Jackson Lee Chu Esty Kaptur Fitzpatrick Lucas Salmon Chu Eshoo Jeffries Cicilline Farr Keating Fleischmann Luetkemeyer Sanford Cicilline Esty Johnson (GA) Clark (MA) Fattah Kelly (IL) Fleming Lummis Scalise Clark (MA) Farr Johnson, E. B. Clarke (NY) Foster Kennedy Flores Marchant Schock Clarke (NY) Fattah Kaptur Clay Frankel (FL) Kildee Forbes Marino Schweikert Clay Foster Keating Cleaver Fudge Kilmer Fortenberry Massie Scott, Austin Cleaver Frankel (FL) Kelly (IL) Clyburn Gabbard Kind Foxx Matheson Sensenbrenner Clyburn Fudge Kennedy

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00048 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.028 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1643 Kildee Moran Schrader Sanford Stockman Webster (FL) Lujan Grisham Pastor (AZ) Sherman Kilmer Murphy (FL) Scott (VA) Schock Stutzman Wenstrup (NM) Payne Sinema Kind Nadler Scott, David Schweikert Terry Westmoreland Luja´ n, Ben Ray Pelosi Sires Kirkpatrick Napolitano Serrano Scott, Austin Thompson (PA) Whitfield (NM) Perlmutter Slaughter Kuster Neal Sewell (AL) Sensenbrenner Thornberry Williams Lynch Peters (MI) Smith (WA) Langevin Negrete McLeod Shea-Porter Sessions Tiberi Wilson (SC) Maloney, Pingree (ME) Speier Larsen (WA) Nolan Sherman Shimkus Tipton Wittman Carolyn Pocan Swalwell (CA) Larson (CT) O’Rourke Sinema Shuster Turner Wolf Maloney, Sean Polis Takano Simpson Upton Lee (CA) Owens Sires Womack Matsui Price (NC) Thompson (CA) Levin Pallone Smith (MO) Valadao McCollum Quigley Slaughter Woodall Thompson (MS) Lewis Pascrell Smith (NE) Wagner McDermott Rahall Smith (WA) Yoder Tierney Lipinski Pastor (AZ) Smith (NJ) Walberg McGovern Rangel Speier Loebsack Payne Smith (TX) Walden Yoho McIntyre Richmond Titus Lofgren Pelosi Swalwell (CA) Southerland Walorski Young (AK) McNerney Roybal-Allard Tonko Lowenthal Perlmutter Takano Stewart Weber (TX) Young (IN) Meeks Ruiz Tsongas Lowey Peters (CA) Thompson (CA) Meng Ruppersberger Van Hollen Lujan Grisham Peters (MI) Thompson (MS) NOT VOTING—11 Michaud Ryan (OH) Vargas (NM) Pingree (ME) Tierney Amodei Gosar Scalise Miller, George Sa´ nchez, Linda Veasey Luja´ n, Ben Ray Pocan Titus Chaffetz McCarthy (NY) Schwartz Moore T. Vela (NM) Polis Tonko Daines Miller, Gary Stivers Moran Sanchez, Loretta Vela´ zquez Lynch Price (NC) Tsongas Gohmert Rush Murphy (FL) Sarbanes Visclosky Maffei Quigley Van Hollen Nadler Schakowsky Walz Maloney, Rahall Vargas ANNOUNCEMENT BY THE ACTING CHAIR Napolitano Schiff Wasserman Carolyn Rangel Veasey The Acting CHAIR (during the vote). Neal Schneider Schultz Maloney, Sean Richmond Vela There is 1 minute remaining. Negrete McLeod Schrader Waters Matsui Roybal-Allard Vela´ zquez Nolan Scott (VA) Waxman McCollum Ruiz Visclosky 1753 O’Rourke Scott, David Welch McDermott Ruppersberger b Owens Walz Serrano Wilson (FL) McGovern Ryan (OH) Pallone Sewell (AL) Wasserman So the amendment was rejected. Yarmuth McIntyre Sa´ nchez, Linda Pascrell Shea-Porter Schultz The result of the vote was announced McNerney T. Waters Meeks Sanchez, Loretta as above recorded. NOES—227 Waxman Meng Sarbanes AMENDMENT NO. 4 OFFERED BY MRS. CAPPS Michaud Schakowsky Welch Aderholt Gerlach Meehan Miller, George Schiff Wilson (FL) The Acting CHAIR. The unfinished Amash Gibbs Messer Moore Schneider Yarmuth business is the demand for a recorded Bachmann Gingrey (GA) Mica vote on the amendment offered by the Bachus Goodlatte Miller (FL) NOES—226 Barletta Gowdy Miller (MI) gentlewoman from California (Mrs. Barr Granger Mullin Aderholt Forbes Marino CAPPS) on which further proceedings Barton Graves (GA) Mulvaney Amash Fortenberry Massie were postponed and on which the noes Bentivolio Graves (MO) Murphy (PA) Bachmann Foxx Matheson Bilirakis Griffin (AR) Neugebauer Bachus Franks (AZ) McAllister prevailed by voice vote. Bishop (UT) Griffith (VA) Noem Barletta Frelinghuysen McCarthy (CA) The Clerk will redesignate the Black Grimm Nugent Barr Gardner McCaul amendment. Blackburn Guthrie Nunes Barrow (GA) Garrett McClintock Boustany Hall Nunnelee Barton Gerlach McHenry The Clerk redesignated the amend- Brady (TX) Harper Olson Benishek Gibbs McKeon ment. Bridenstine Harris Palazzo Bentivolio Gingrey (GA) McKinley RECORDED VOTE Brooks (AL) Hartzler Paulsen Bilirakis Goodlatte McMorris Brooks (IN) Hastings (WA) Pearce Bishop (UT) Gowdy Rodgers The Acting CHAIR. A recorded vote Broun (GA) Heck (NV) Perry Black Granger Meadows has been demanded. Buchanan Hensarling Peters (CA) Blackburn Graves (GA) Meehan A recorded vote was ordered. Bucshon Herrera Beutler Peterson Boustany Graves (MO) Messer Burgess Holding Petri Brady (TX) Griffin (AR) Mica The Acting CHAIR. This will be a 2- Byrne Hudson Pittenger Bridenstine Griffith (VA) Miller (FL) minute vote. Calvert Huelskamp Pitts Brooks (AL) Grimm Miller (MI) The vote was taken by electronic de- Camp Huizenga (MI) Poe (TX) Brooks (IN) Guthrie Mullin vice, and there were—ayes 194, noes 227, Campbell Hultgren Pompeo Broun (GA) Hall Mulvaney Cantor Hunter Posey Buchanan Hanna Murphy (PA) not voting 10, as follows: Capito Hurt Price (GA) Bucshon Harper Neugebauer [Roll No. 45] Carter Issa Reed Burgess Harris Noem Cassidy Jenkins Reichert Byrne Hartzler Nugent AYES—194 Chabot Johnson (OH) Renacci Calvert Hastings (WA) Nunes Andrews Crowley Hanabusa Coble Johnson, Sam Ribble Camp Heck (NV) Nunnelee Barber Cuellar Hanna Coffman Jones Rice (SC) Campbell Hensarling Olson Barrow (GA) Cummings Hastings (FL) Cole Jordan Rigell Cantor Herrera Beutler Palazzo Bass Davis (CA) Heck (WA) Collins (GA) Joyce Roby Capito Holding Paulsen Beatty Davis, Danny Higgins Collins (NY) Kelly (PA) Roe (TN) Carter Hudson Pearce Becerra DeFazio Himes Conaway King (IA) Rogers (AL) Cassidy Huelskamp Perry Bera (CA) DeGette Hinojosa Cook King (NY) Rogers (KY) Chabot Huizenga (MI) Peterson Bishop (GA) Delaney Holt Costa Kingston Rohrabacher Coble Hultgren Petri Bishop (NY) DeLauro Honda Cotton Kinzinger (IL) Rokita Coffman Hunter Pittenger Blumenauer DelBene Horsford Cramer Kline Rooney Cole Hurt Pitts Bonamici Deutch Hoyer Crawford Labrador Ros-Lehtinen Collins (GA) Issa Poe (TX) Brady (PA) Dingell Huffman Crenshaw LaMalfa Roskam Collins (NY) Jenkins Pompeo Braley (IA) Doggett Israel Culberson Lamborn Ross Conaway Johnson (OH) Posey Brown (FL) Doyle Jackson Lee Daines Lance Rothfus Cook Johnson, Sam Price (GA) Brownley (CA) Duckworth Jeffries Davis, Rodney Lankford Royce Costa Jones Reed Bustos Edwards Johnson (GA) Denham Latham Runyan Cotton Jordan Reichert Butterfield Ellison Johnson, E. B. Dent Latta Ryan (WI) Cramer Joyce Renacci Capps Engel Kaptur DeSantis LoBiondo Salmon Crawford Kelly (PA) Ribble Capuano Enyart Keating DesJarlais Long Sanford Crenshaw King (IA) Rice (SC) Ca´ rdenas Eshoo Kelly (IL) Diaz-Balart Lucas Scalise Culberson King (NY) Rigell Carney Esty Kennedy Duffy Luetkemeyer Schock Davis, Rodney Kingston Roby Carson (IN) Farr Kildee Duncan (SC) Lummis Schweikert Denham Kinzinger (IL) Roe (TN) Cartwright Fattah Kilmer Duncan (TN) Maffei Scott, Austin Dent Kline Rogers (AL) Castor (FL) Foster Kind Ellmers Marchant Sensenbrenner DeSantis Labrador Rogers (KY) Castro (TX) Frankel (FL) Kirkpatrick Farenthold Marino Sessions DesJarlais LaMalfa Rogers (MI) Chu Fudge Kuster Fincher Massie Shimkus Diaz-Balart Lamborn Rohrabacher Cicilline Gabbard Langevin Fitzpatrick Matheson Shuster Duffy Lance Rokita Clark (MA) Gallego Larsen (WA) Fleischmann McAllister Simpson Duncan (SC) Lankford Rooney Clarke (NY) Garamendi Larson (CT) Fleming McCarthy (CA) Smith (MO) Duncan (TN) Latham Ros-Lehtinen Clay Garcia Lee (CA) Flores McCaul Smith (NE) Ellmers Latta Roskam Cleaver Gibson Levin Forbes McClintock Smith (NJ) Farenthold LoBiondo Ross Clyburn Grayson Lewis Fortenberry McHenry Smith (TX) Fincher Long Rothfus Cohen Green, Al Lipinski Foxx McKeon Southerland Fitzpatrick Lucas Royce Connolly Green, Gene Loebsack Franks (AZ) McKinley Stewart Fleischmann Luetkemeyer Runyan Conyers Grijalva Lofgren Frelinghuysen McMorris Stivers Fleming Lummis Ryan (WI) Cooper Gutie´rrez Lowenthal Gardner Rodgers Stockman Flores Marchant Salmon Courtney Hahn Lowey Garrett Meadows Stutzman

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00049 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.035 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1644 CONGRESSIONAL RECORD — HOUSE February 5, 2014 Terry Walberg Wilson (SC) Napolitano Roybal-Allard Swalwell (CA) Wolf Yoder Young (IN) Thompson (PA) Walden Wittman Neal Ruiz Takano Womack Yoho Thornberry Walorski Wolf Negrete McLeod Ruppersberger Thompson (CA) Woodall Young (AK) Tiberi Weber (TX) Womack Nolan Ryan (OH) Thompson (MS) NOT VOTING—11 Tipton Webster (FL) Woodall O’Rourke Sa´ nchez, Linda Tierney Turner Wenstrup Yoder Owens T. Titus Amodei Gutie´rrez Schwartz Upton Westmoreland Yoho Pallone Sanchez, Loretta Tonko Chaffetz McCarthy (NY) Serrano Valadao Whitfield Young (AK) Pascrell Sarbanes Tsongas Gohmert Miller, Gary Vela´ zquez Wagner Williams Young (IN) Pastor (AZ) Schakowsky Van Hollen Gosar Rush Payne Schiff Vargas NOT VOTING—10 Pelosi Schneider ANNOUNCEMENT BY THE ACTING CHAIR Veasey Amodei Gosar Rush Perlmutter Schrader Vela The Acting CHAIR (during the vote). Benishek McCarthy (NY) Schwartz Peters (CA) Scott (VA) Visclosky There is 1 minute remaining. Chaffetz Miller, Gary Peters (MI) Scott, David Walz Gohmert Rogers (MI) Pingree (ME) Sewell (AL) 1801 Pocan Shea-Porter Wasserman b ANNOUNCEMENT BY THE ACTING CHAIR Polis Sherman Schultz So the amendment was rejected. Waters The Acting CHAIR (during the vote). Price (NC) Sinema The result of the vote was announced There is 1 minute remaining. Quigley Sires Waxman Rahall Slaughter Welch as above recorded. 1758 Rangel Smith (WA) Wilson (FL) AMENDMENT NO. 7 OFFERED BY MR. MCNERNEY b Richmond Speier Yarmuth So the amendment was rejected. The Acting CHAIR. The unfinished The result of the vote was announced NOES—231 business is the demand for a recorded vote on the amendment offered by the as above recorded. Aderholt Gowdy Nunnelee Amash Granger Olson gentleman from California (Mr. AMENDMENT NO. 6 OFFERED BY MR. HUFFMAN Bachmann Graves (GA) Palazzo MCNERNEY) on which further pro- The Acting CHAIR. The unfinished Bachus Graves (MO) Paulsen ceedings were postponed and on which business is the demand for a recorded Barletta Griffin (AR) Pearce Barr Griffith (VA) Perry the noes prevailed by voice vote. vote on the amendment offered by the Barrow (GA) Grimm Peterson The Clerk will redesignate the gentleman from California (Mr. Barton Guthrie Petri amendment. HUFFMAN) on which further pro- Benishek Hall Pittenger The Clerk redesignated the amend- ceedings were postponed and on which Bentivolio Hanna Pitts Bilirakis Harper Poe (TX) ment. the noes prevailed by voice vote. Bishop (GA) Harris Pompeo RECORDED VOTE The Clerk will redesignate the Bishop (UT) Hartzler Posey amendment. Black Hastings (WA) Price (GA) The Acting CHAIR. A recorded vote Blackburn Heck (NV) Reed has been demanded. The Clerk redesignated the amend- Boustany Hensarling Reichert ment. A recorded vote was ordered. Brady (TX) Herrera Beutler Renacci The Acting CHAIR. This will be a 2- RECORDED VOTE Bridenstine Holding Ribble Brooks (AL) Hudson Rice (SC) minute vote. The Acting CHAIR. A recorded vote Brooks (IN) Huelskamp Rigell The vote was taken by electronic de- has been demanded. Broun (GA) Huizenga (MI) Roby vice, and there were—ayes 193, noes 230, Buchanan Hultgren Roe (TN) A recorded vote was ordered. not voting 8, as follows: The Acting CHAIR. This will be a 2- Bucshon Hunter Rogers (AL) Burgess Hurt Rogers (KY) [Roll No. 47] minute vote. Byrne Issa Rogers (MI) AYES—193 The vote was taken by electronic de- Calvert Jenkins Rohrabacher vice, and there were—ayes 189, noes 231, Camp Johnson (OH) Rokita Andrews Doyle Larsen (WA) Campbell Johnson, Sam Rooney Barber Duckworth Larson (CT) not voting 11, as follows: Cantor Jones Ros-Lehtinen Bass Edwards Lee (CA) [Roll No. 46] Capito Jordan Roskam Beatty Ellison Levin Carter Joyce Ross Becerra Engel Lewis AYES—189 Cassidy Kelly (PA) Rothfus Bera (CA) Enyart Lipinski Andrews DeLauro Kaptur Chabot King (IA) Royce Bishop (GA) Eshoo Loebsack Barber DelBene Keating Coble King (NY) Runyan Bishop (NY) Esty Lofgren Bass Deutch Kelly (IL) Coffman Kingston Ryan (WI) Blumenauer Farr Lowenthal Beatty Dingell Kennedy Cole Kinzinger (IL) Salmon Bonamici Fattah Lowey Becerra Doggett Kildee Collins (GA) Kline Sanford Brady (PA) Foster Lujan Grisham Bera (CA) Doyle Kilmer Collins (NY) Labrador Scalise Braley (IA) Frankel (FL) (NM) Bishop (NY) Duckworth Kind Conaway LaMalfa Schock Brown (FL) Fudge Luja´ n, Ben Ray Blumenauer Edwards Kirkpatrick Cook Lamborn Schweikert Brownley (CA) Gabbard (NM) Bonamici Ellison Kuster Costa Lance Scott, Austin Bustos Gallego Lynch Brady (PA) Engel Langevin Cotton Lankford Sensenbrenner Butterfield Garamendi Maffei Braley (IA) Enyart Larsen (WA) Cramer Latham Sessions Capps Garcia Maloney, Brown (FL) Eshoo Larson (CT) Crawford Latta Shimkus Capuano Gibson Carolyn Brownley (CA) Esty Lee (CA) Crenshaw LoBiondo Shuster Ca´ rdenas Grayson Maloney, Sean Bustos Farr Levin Culberson Long Simpson Carney Green, Al Matsui Butterfield Fattah Lewis Daines Lucas Smith (MO) Carson (IN) Green, Gene McCollum Capps Foster Lipinski Davis, Rodney Luetkemeyer Smith (NE) Cartwright Grijalva McDermott Capuano Frankel (FL) Loebsack Denham Lummis Smith (NJ) Castor (FL) Gutie´rrez McGovern Ca´ rdenas Fudge Lofgren Dent Marchant Smith (TX) Castro (TX) Hahn McIntyre Carney Gabbard Lowenthal DeSantis Marino Southerland Chu Hanabusa McNerney Carson (IN) Gallego Lowey DesJarlais Massie Stewart Cicilline Hastings (FL) Meeks Cartwright Garamendi Lujan Grisham Diaz-Balart Matheson Stivers Clark (MA) Heck (WA) Meng Castor (FL) Garcia (NM) Duffy McAllister Stockman Clarke (NY) Higgins Michaud Castro (TX) Grayson Luja´ n, Ben Ray Duncan (SC) McCarthy (CA) Stutzman Clay Himes Miller, George Chu Green, Al (NM) Duncan (TN) McCaul Terry Cleaver Hinojosa Moore Cicilline Green, Gene Lynch Ellmers McClintock Thompson (PA) Clyburn Holt Moran Clark (MA) Grijalva Maffei Farenthold McHenry Thornberry Cohen Honda Murphy (FL) Clarke (NY) Hahn Maloney, Fincher McKeon Tiberi Connolly Horsford Nadler Clay Hanabusa Carolyn Fitzpatrick McKinley Tipton Conyers Hoyer Napolitano Cleaver Hastings (FL) Maloney, Sean Fleischmann McMorris Turner Cooper Huffman Neal Clyburn Heck (WA) Matsui Fleming Rodgers Upton Courtney Israel Negrete McLeod Cohen Higgins McCollum Flores Meadows Valadao Crowley Jackson Lee Nolan Connolly Himes McDermott Forbes Meehan Wagner Cuellar Jeffries O’Rourke Conyers Hinojosa McGovern Fortenberry Messer Walberg Cummings Johnson (GA) Owens Cooper Holt McIntyre Foxx Mica Walden Davis (CA) Johnson, E. B. Pallone Courtney Honda McNerney Franks (AZ) Miller (FL) Walorski Davis, Danny Kaptur Pascrell Crowley Horsford Meeks Frelinghuysen Miller (MI) Weber (TX) DeFazio Keating Pastor (AZ) Cuellar Hoyer Meng Gardner Mullin Webster (FL) DeGette Kelly (IL) Payne Cummings Huffman Michaud Garrett Mulvaney Wenstrup Delaney Kennedy Pelosi Davis (CA) Israel Miller, George Gerlach Murphy (PA) Westmoreland DeLauro Kildee Perlmutter Davis, Danny Jackson Lee Moore Gibbs Neugebauer Whitfield DelBene Kilmer Peters (CA) DeFazio Jeffries Moran Gibson Noem Williams Deutch Kind Peters (MI) DeGette Johnson (GA) Murphy (FL) Gingrey (GA) Nugent Wilson (SC) Dingell Kuster Pingree (ME) Delaney Johnson, E. B. Nadler Goodlatte Nunes Wittman Doggett Langevin Pocan

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00050 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.037 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1645 Polis Schrader Titus NOT VOTING—8 Sa´ nchez, Linda Sinema Vargas Price (NC) Scott (VA) Tonko T. Sires Veasey Amodei Gosar Rush Quigley Scott, David Tsongas Sanchez, Loretta Slaughter Vela Chaffetz McCarthy (NY) Schwartz Sarbanes Smith (WA) ´ Rahall Serrano Van Hollen Gohmert Miller, Gary Velazquez Rangel Sewell (AL) Vargas Schakowsky Speier Visclosky Richmond Shea-Porter Veasey ANNOUNCEMENT BY THE ACTING CHAIR Schiff Swalwell (CA) Walz Schneider Takano Roybal-Allard Sherman Vela The Acting CHAIR (during the vote). Wasserman Ruiz Sinema Vela´ zquez Schrader Thompson (CA) Schultz Scott (VA) Thompson (MS) Ruppersberger Sires Visclosky There is 1 minute remaining. Waters Scott, David Tierney Ryan (OH) Slaughter Walz Waxman Serrano Titus Sa´ nchez, Linda Smith (WA) Wasserman b 1805 Welch Sewell (AL) Tonko T. Speier Schultz So the amendment was rejected. Shea-Porter Tsongas Wilson (FL) Sanchez, Loretta Swalwell (CA) Waters Sherman Van Hollen Yarmuth Sarbanes Takano Waxman The result of the vote was announced Schakowsky Thompson (CA) Welch as above recorded. NOES—231 Schiff Thompson (MS) Wilson (FL) AMENDMENT NO. 8 OFFERED BY MR. PETERS OF Aderholt Griffith (VA) Peterson Schneider Tierney Yarmuth CALIFORNIA Amash Grimm Petri Bachmann Guthrie Pittenger NOES—230 The Acting CHAIR. The unfinished business is the demand for a recorded Bachus Hall Pitts Aderholt Griffin (AR) Perry Barletta Hanna Poe (TX) Amash Griffith (VA) Peterson vote on the amendment offered by the Barr Harper Pompeo Bachmann Grimm Petri gentleman from California (Mr. Barrow (GA) Harris Posey Barton Hartzler Bachus Guthrie Pittenger PETERS) on which further proceedings Price (GA) Benishek Hastings (WA) Barletta Hall Pitts were postponed and on which the noes Reed Barr Hanna Poe (TX) Bentivolio Heck (NV) Reichert Barrow (GA) Harper Pompeo prevailed by voice vote. Bilirakis Hensarling Renacci Barton Harris Posey The Clerk will redesignate the Bishop (UT) Herrera Beutler Ribble Black Holding Benishek Hartzler Price (GA) Rice (SC) amendment. Blackburn Hudson Bentivolio Hastings (WA) Reed Rigell The Clerk redesignated the amend- Boustany Huelskamp Bilirakis Heck (NV) Reichert Roby Brady (TX) Huizenga (MI) Bishop (UT) Hensarling Renacci ment. Roe (TN) Bridenstine Hultgren Black Herrera Beutler Ribble Rogers (AL) RECORDED VOTE Brooks (AL) Hunter Rogers (KY) Blackburn Holding Rice (SC) Brooks (IN) Hurt The Acting CHAIR. A recorded vote Rogers (MI) Boustany Hudson Rigell Broun (GA) Issa has been demanded. Rohrabacher Brady (TX) Huelskamp Roby Buchanan Jenkins Bridenstine Huizenga (MI) Roe (TN) A recorded vote was ordered. Bucshon Johnson (OH) Rokita Brooks (AL) Hultgren Rogers (AL) The Acting CHAIR. This will be a 2- Burgess Johnson, Sam Rooney Brooks (IN) Hunter Rogers (KY) minute vote. Byrne Jones Ros-Lehtinen Broun (GA) Hurt Rogers (MI) Roskam The vote was taken by electronic de- Calvert Jordan Buchanan Issa Rohrabacher Camp Joyce Ross Bucshon Jenkins Rokita vice, and there were—ayes 192, noes 231, Campbell Kelly (PA) Rothfus Burgess Johnson (OH) Rooney not voting 8, as follows: Cantor King (IA) Royce Byrne Johnson, Sam Ros-Lehtinen Runyan [Roll No. 48] Capito King (NY) Calvert Jones Roskam Carter Kingston Ryan (WI) Camp Jordan Ross AYES—192 Cassidy Kinzinger (IL) Salmon Sanford Campbell Joyce Rothfus Andrews Ellison Loebsack Chabot Kirkpatrick Scalise Cantor Kelly (PA) Royce Barber Engel Lofgren Coble Kline Schock Capito King (IA) Runyan Bass Enyart Lowenthal Coffman Labrador Carter King (NY) Ryan (WI) Beatty Eshoo Lowey Cole LaMalfa Schweikert Cassidy Kingston Salmon Becerra Esty Lujan Grisham Collins (GA) Lamborn Scott, Austin Chabot Kinzinger (IL) Sanford Bera (CA) Farr (NM) Collins (NY) Lance Sensenbrenner Coble Kirkpatrick Scalise Bishop (GA) Fattah Luja´ n, Ben Ray Conaway Lankford Sessions Coffman Kline Schock Bishop (NY) Foster (NM) Cook Latham Shimkus Cole Labrador Schweikert Blumenauer Frankel (FL) Lynch Costa Latta Shuster Collins (GA) LaMalfa Scott, Austin Bonamici Fudge Maloney, Cotton LoBiondo Simpson Collins (NY) Lamborn Sensenbrenner Brady (PA) Gabbard Carolyn Cramer Long Smith (MO) Conaway Lance Sessions Braley (IA) Gallego Maloney, Sean Crawford Lucas Smith (NE) Cook Lankford Shimkus Brown (FL) Garamendi Matsui Crenshaw Luetkemeyer Smith (NJ) Costa Latham Shuster Brownley (CA) Garcia McCollum Culberson Lummis Smith (TX) Cotton Latta Simpson Bustos Gibson McDermott Daines Maffei Southerland Cramer LoBiondo Smith (MO) Butterfield Grayson McGovern Davis, Rodney Marchant Stewart Crawford Long Smith (NE) Capps Green, Al McIntyre Denham Marino Stivers Dent Massie Crenshaw Lucas Smith (NJ) Capuano Green, Gene McNerney Stockman DeSantis Matheson Culberson Luetkemeyer Smith (TX) Ca´ rdenas Grijalva Meeks Stutzman DesJarlais McAllister Daines Lummis Southerland Carney Gutie´rrez Meng Terry Diaz-Balart McCarthy (CA) Davis, Rodney Marchant Stewart Carson (IN) Hahn Michaud Thompson (PA) Duffy McCaul Denham Marino Stivers Cartwright Hanabusa Miller, George Thornberry Duncan (SC) McClintock Castor (FL) Hastings (FL) Moore Tiberi Dent Massie Stockman Duncan (TN) McHenry Castro (TX) Heck (WA) Moran Tipton DeSantis Matheson Stutzman Ellmers McKeon Chu Higgins Murphy (FL) Turner DesJarlais McAllister Terry Farenthold McKinley Diaz-Balart McCarthy (CA) Thompson (PA) Cicilline Himes Nadler Upton Clark (MA) Hinojosa Napolitano Fincher McMorris Duffy McCaul Thornberry Fitzpatrick Rodgers Valadao Duncan (SC) McClintock Tiberi Clarke (NY) Holt Neal Wagner Clay Honda Negrete McLeod Fleischmann Meadows Duncan (TN) McHenry Tipton Fleming Meehan Walberg Ellmers McKeon Turner Cleaver Horsford Nolan Walden Clyburn Hoyer O’Rourke Flores Messer Farenthold McKinley Upton Walorski Cohen Huffman Owens Forbes Mica Fincher McMorris Valadao Weber (TX) Connolly Israel Pallone Fortenberry Miller (FL) Fitzpatrick Rodgers Wagner Webster (FL) Conyers Jackson Lee Pascrell Foxx Miller (MI) Fleischmann Meadows Walberg Wenstrup Cooper Jeffries Pastor (AZ) Franks (AZ) Mullin Fleming Meehan Walden Westmoreland Courtney Johnson (GA) Payne Frelinghuysen Mulvaney Messer Whitfield Flores Walorski Crowley Johnson, E. B. Pelosi Gardner Murphy (PA) Williams Forbes Mica Weber (TX) Cuellar Kaptur Perlmutter Garrett Neugebauer Wilson (SC) Fortenberry Miller (FL) Webster (FL) Cummings Keating Peters (CA) Gerlach Noem Wittman Foxx Miller (MI) Wenstrup Davis (CA) Kelly (IL) Peters (MI) Gibbs Nugent Wolf Franks (AZ) Mullin Westmoreland Davis, Danny Kennedy Pingree (ME) Gingrey (GA) Nunes Frelinghuysen Mulvaney Whitfield DeFazio Kildee Pocan Goodlatte Nunnelee Womack Gardner Murphy (PA) Williams DeGette Kilmer Polis Gowdy Olson Woodall Garrett Neugebauer Wilson (SC) Delaney Kind Price (NC) Granger Palazzo Yoder Gerlach Noem Wittman DeLauro Kuster Quigley Graves (GA) Paulsen Yoho Gibbs Nugent Wolf DelBene Langevin Rahall Graves (MO) Pearce Young (AK) Gingrey (GA) Nunes Womack Deutch Larsen (WA) Rangel Griffin (AR) Perry Young (IN) Goodlatte Nunnelee Woodall Dingell Larson (CT) Richmond Gowdy Olson Yoder Doggett Lee (CA) Roybal-Allard NOT VOTING—8 Granger Palazzo Yoho Doyle Levin Ruiz Amodei Gosar Rush Graves (GA) Paulsen Young (AK) Duckworth Lewis Ruppersberger Chaffetz McCarthy (NY) Schwartz Graves (MO) Pearce Young (IN) Edwards Lipinski Ryan (OH) Gohmert Miller, Gary

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00051 Fmt 4636 Sfmt 0634 E:\CR\FM\A05FE7.038 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1646 CONGRESSIONAL RECORD — HOUSE February 5, 2014 ANNOUNCEMENT BY THE ACTING CHAIR The SPEAKER pro tempore. Is there California is home to over 100 feder- The Acting CHAIR (during the vote). objection to the request of the gen- ally recognized tribes, including over There is 1 minute remaining. tleman from Washington? two dozen in my congressional district. b 1809 There was no objection. Many tribes, including the Hoopa, the The SPEAKER pro tempore. The gen- Yurok, and the Karuk in my district, So the amendment was rejected. tleman from California is recognized depend on wild salmon as both a vital The result of the vote was announced for 5 minutes. source of economic opportunity and a as above recorded. Mr. GARAMENDI. Mr. Speaker, this respected way of life. The Acting CHAIR. The question is is the final amendment to the bill, on the amendment in the nature of a PARLIAMENTARY INQUIRY which, unfortunately, will not kill the substitute, as amended. Mr. HASTINGS of Washington. Mr. bill or send it back to committee. If The amendment was agreed to. Speaker, I have a parliamentary in- The Acting CHAIR. Under the rule, adopted, the bill will immediately pro- quiry. the Committee rises. ceed to final passage, as amended. The SPEAKER pro tempore. Does the Accordingly, the Committee rose; Perhaps all of you have heard that gentleman from California yield for a and the Speaker pro tempore (Mr. there is a drought in the West. If you parliamentary inquiry? WOODALL) having assumed the chair, haven’t, I am here to tell you there is Mr. GARAMENDI. Will it take my Mr. YODER, Acting Chair of the Com- a serious drought in the West—not just time? mittee of the Whole House on the state California, but throughout the West. The SPEAKER pro tempore. It will. of the Union, reported that that Com- This particular piece of legislation is Mr. GARAMENDI. I am afraid I can- mittee, having had under consideration said to deal with the drought. It does not yield. Sorry, Mr. Chairman. the bill (H.R. 3964) to address certain not. This legislation does two things The SPEAKER pro tempore. The gen- water-related concerns in the Sac- that every one of us ought to be con- tleman does not yield. Mr. HUFFMAN. Mr. Chair, some of ramento-San Joaquin Valley, and for cerned about. the water impacted by this bill is criti- other purposes, and, pursuant to House First of all, it is a water grab. It cally needed by tribes in my district. Resolution 472, he reported the bill takes water from somebody and gives This bill explicitly waives State and back to the House with an amendment it to somebody else. Federal law in a way that almost cer- adopted in the Committee of the b 1815 tainly would lead to additional diver- Whole. Secondly, if you are interested in sions from the Trinity River, which The SPEAKER pro tempore. Under states’ rights, if you are interested in the rule, the previous question is or- would undermine tribal fishing and the power of a community to decide its water rights. dered. own future, you had better be paying Is a separate vote demanded on the The Yurok Tribe in my district has attention to this bill. This bill is very, written about provisions in this bill amendment to the amendment re- very much about the power of a com- ported from the Committee of the that they would undermine the Federal munity, a power of a State to decide Government’s ability to meet its Fed- Whole? what it wants to do with its water. If not, the question is on the amend- eral trust obligation to protect, pre- This is an issue of profound impor- ment in the nature of a substitute, as serve, and enhance the trust resources tance to every State in the West that amended. of that tribe. has a reclamation project, because this The amendment was agreed to. This House has an obligation to clar- The SPEAKER pro tempore. The bill sets out for the very first time the ify that this cynical bill would not di- question is on the engrossment and Federal Government overriding State minish any protected tribal water and third reading of the bill. constitution, in this case the constitu- fishing rights, and so I urge a ‘‘yes’’ on The bill was ordered to be engrossed tion of the State of California, State this motion to recommit, and I thank and read a third time, and was read the water law, and contracts. This is seri- the gentleman. third time. ous stuff. Mr. GARAMENDI. Mr. Speaker, I If this were to somehow solve the cri- MOTION TO RECOMMIT want to be very, very clear with my sis in California, you may accept it. Mr. GARAMENDI. Mr. Speaker, I colleagues. California water issues go But it does not. It does not create 1 have a motion to recommit at the back to the very beginning of the gallon of water. It simply steals what desk. State, the Gold Rush, and as they have The SPEAKER pro tempore. Is the little water there is available from said, whiskey’s for drinking, water’s gentleman opposed to the bill? some and gives it to another. for fighting. Mr. GARAMENDI. I am opposed. I yield 1 minute to my colleague from Unfortunately, this bill does nothing The SPEAKER pro tempore. The California (Mr. BERA). to solve the current crisis in Cali- Clerk will report the motion to recom- Mr. BERA of California. I thank the fornia. What it does, it sets in motion mit. gentleman. a series of pieces of legislation that The Clerk read as follows: Mr. Speaker, I speak in support of will unravel 150 years of California Mr. Garamendi moves to recommit the bill this motion because it will make this water law and set in place extraor- H.R. 3964 to the Committee on Natural Re- bill better. This is about protecting ex- dinary chaos. sources with instructions to report the same isting State law, and the current bill It does deliver water from one area to back to the House forthwith, with the fol- before us takes away State law. another area, literally stealing that lowing amendment: It is about protecting our commu- water and giving it to others. Add at the end of the bill the following: nities, our local rights, our county It does override the California State TITLE IX—PRESERVING LOCAL WATER rights. This motion will make this bill Constitution and what we call the Pub- SUPPLIES AND PROTECTING TRIBAL much better. lic Trust Doctrine, that is, the water of SOVEREIGNTY It is incredibly important to the resi- California belongs to all the people of SEC. 901. PRESERVING LOCAL WATER SUPPLIES. dents in the five delta counties and the California. It is allocated by law, by Nothing in this Act shall preempt or super- folks that I represent, that they have precedent, and by water rights that are sede State, county, or local law, including State water law, that prohibits the export of water that they can drink. This motion allocated. This overrides that. ground water to other areas. allows us to honor those State, county, We don’t want the Federal Govern- SEC. 902. PROTECTING TRIBAL SOVEREIGNTY. and local laws and makes this bill bet- ment to go there if you care anything Nothing in this Act shall undermine Na- ter. I urge my colleagues to support about your State, about the water in tive American tribal sovereignty, or reduce the motion. your State, and about your commu- the quantity or quality of the water avail- Mr. GARAMENDI. Mr. Speaker, I nity. We need a long-term and short- able to affected Indian tribes. yield 1 minute to my colleague from term solution. Mr. HASTINGS of Washington (dur- California (Mr. HUFFMAN). Fortunately, in the omnibus bill, we ing the reading). Mr. Speaker, I ask Mr. HUFFMAN. Mr. Speaker, I thank did reinstate the Federal drought pro- unanimous consent that the reading be my colleagues for offering this motion tection drought response act. We have dispensed with. to improve a deeply flawed bill. many of the tools in place to deal with

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00052 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.087 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1647 the drought today. What we don’t have give California a chance to get a solu- Sherman Tierney Walz is money. tion. Sinema Titus Wasserman Sires Tonko Schultz I would ask the majority to put up a This MTR does nothing to advance Slaughter Tsongas Waters bill that delivers the money to carry that. Vote ‘‘no’’ on the MTR and vote Smith (WA) Van Hollen Waxman out what is already in the law, which for the underlying bill. Speier Vargas Welch Swalwell (CA) Veasey we did just 2 weeks ago. Mr. Speaker, I yield back the balance Wilson (FL) Takano Vela Yarmuth Unfortunately, this bill puts in place of my time. Thompson (CA) Vela´ zquez a new water war which we do not and The SPEAKER pro tempore. Without Thompson (MS) Visclosky cannot have at a time when we need to objection, the previous question is or- NOES—231 come together to solve California dered on the motion to recommit. Aderholt Griffin (AR) Petri water problems. There was no objection. Amash Griffith (VA) Pittenger Mr. Speaker, I yield back the balance The SPEAKER pro tempore. The Bachmann Grimm Pitts of my time. Bachus Guthrie Poe (TX) question is on the motion to recommit. Barletta Hall Pompeo Mr. HASTINGS of Washington. Mr. The question was taken; and the Barr Hanna Posey Speaker, I rise in opposition to the mo- Speaker pro tempore announced that Barrow (GA) Harper Price (GA) Barton Harris tion to recommit. the noes appeared to have it. Reed The SPEAKER pro tempore. The gen- Benishek Hartzler Reichert RECORDED VOTE Bentivolio Hastings (WA) tleman is recognized for 5 minutes. Renacci Mr. GARAMENDI. Mr. Speaker, I de- Bilirakis Heck (NV) Ribble Mr. HASTINGS of Washington. Mr. Bishop (UT) Hensarling mand a recorded vote. Rice (SC) Speaker, for any of you that were lis- Black Herrera Beutler Rigell Blackburn Holding tening to the debate as we debated the A recorded vote was ordered. Roby The SPEAKER pro tempore. Pursu- Boustany Hudson Roe (TN) Brady (TX) Huelskamp amendment in the general debate on Rogers (AL) ant to clause 8 and clause 9 of rule XX, Bridenstine Huizenga (MI) this, it is very, very evident that this Rogers (KY) Brooks (AL) Hultgren this 5-minute vote on the motion to re- Rogers (MI) bill is focused only on California—only Brooks (IN) Hunter commit will be followed by 5-minute Rohrabacher on California. And the reason I make Broun (GA) Hurt Rokita votes on passage of the bill, if ordered, Buchanan Issa that point, because part of the reason Rooney that California is in this situation is and the question of agreeing to the Bucshon Jenkins Speaker’s approval of the Journal, if Burgess Johnson (OH) Ros-Lehtinen because of Federal law and Federal reg- Roskam ordered. Byrne Johnson, Sam ulations. Calvert Jones Ross Now, one of the ironies here, there is The vote was taken by electronic de- Camp Jordan Rothfus Royce a lot of ironies when you look at these vice, and there were—ayes 191, noes 231, Campbell Joyce not voting 9, as follows: Cantor Kelly (PA) Runyan motions to recommit, but my good Capito King (IA) Ryan (WI) friend, the sponsor of the motion to re- [Roll No. 49] Carter King (NY) Salmon commit, I believe, was in office, or AYES—191 Cassidy Kingston Sanford Chabot Kinzinger (IL) Scalise overseeing, at some time when these Andrews Esty Lynch Coble Kline Schock water projects were passed for Cali- Barber Farr Maffei Coffman Labrador Schrader Bass Fattah Maloney, Cole LaMalfa Schweikert fornia. And here is the interesting Beatty Foster Carolyn point, because he makes the very, what Collins (GA) Lamborn Scott, Austin Becerra Frankel (FL) Maloney, Sean Collins (NY) Lance Sensenbrenner is a valid point, one worries about pre- Bera (CA) Fudge Matsui Conaway Lankford Sessions empting State law. But the Central Bishop (GA) Gabbard McCollum Cook Latham Shimkus Bishop (NY) Gallego McDermott Costa Latta Shuster Valley Project in California preempted Blumenauer Garamendi McGovern Cotton LoBiondo Simpson California law when it was passed. No- Bonamici Garcia McNerney Cramer Long Smith (MO) Brady (PA) Grayson Meeks body heard anything about that then. Crawford Lucas Smith (NE) Braley (IA) Green, Al Meng Crenshaw Luetkemeyer Smith (NJ) The San Joaquin River project pre- Brown (FL) Green, Gene Michaud empted State law. Culberson Lummis Smith (TX) Brownley (CA) Grijalva Miller, George Daines Marchant I just want to make this point. No Bustos Gutie´rrez Moore Southerland Davis, Rodney Marino Stewart other State is affected. This is a Cali- Butterfield Hahn Moran Denham Massie Capps Hanabusa Murphy (FL) Stivers fornia-centric piece of legislation. Dent Matheson Stockman Capuano Hastings (FL) Nadler DeSantis McAllister Mr. GARAMENDI. Mr. Chairman, Ca´ rdenas Heck (WA) Napolitano Stutzman DesJarlais McCarthy (CA) Terry will the gentleman yield for a fact? Carney Higgins Neal Diaz-Balart McCaul Thompson (PA) Carson (IN) Himes Negrete McLeod Duffy McClintock Mr. HASTINGS of Washington. I will Thornberry Cartwright Hinojosa Nolan Duncan (SC) McHenry not yield to the gentleman. He didn’t Tiberi Castor (FL) Holt O’Rourke Duncan (TN) McKeon Tipton give me that courtesy earlier. I am not Castro (TX) Honda Owens Ellmers McKinley Turner going to give him that courtesy. Chu Horsford Pallone Farenthold McMorris Finally, this is the final point that I Cicilline Hoyer Pascrell Fincher Rodgers Upton Clark (MA) Huffman Pastor (AZ) Valadao want to make, and this is important. Fitzpatrick Meadows Clarke (NY) Israel Payne Fleischmann Meehan Wagner This is important. Clay Jackson Lee Pelosi Fleming Messer Walberg We heard the solution to the Cali- Cleaver Jeffries Perlmutter Flores Mica Walden fornia water problems is embodied in Clyburn Johnson (GA) Peters (CA) Forbes Miller (FL) Walorski Cohen Johnson, E. B. Peters (MI) Fortenberry Miller (MI) Weber (TX) this bill. It is similar to a bill that we Connolly Kaptur Pingree (ME) Foxx Mullin Webster (FL) passed last year—with bipartisan sup- Conyers Keating Pocan Franks (AZ) Mulvaney Wenstrup port, I might add. We heard, today, my Cooper Kelly (IL) Polis Frelinghuysen Murphy (PA) Westmoreland Courtney Kennedy Price (NC) friends on the other side debate over Gardner Neugebauer Whitfield Crowley Kildee Quigley Garrett Noem Williams and over, there are solutions. There are Cuellar Kilmer Rahall Gerlach Nugent Wilson (SC) solutions to this, there are solutions to Cummings Kind Rangel Gibbs Nunes Wittman that. You know something? Nobody of- Davis (CA) Kirkpatrick Richmond Gibson Nunnelee Wolf Davis, Danny Kuster Roybal-Allard Gingrey (GA) Olson Womack fered a solution. Furthermore, the DeFazio Langevin Ruiz Goodlatte Palazzo Woodall other body in our legislative process DeGette Larsen (WA) Ruppersberger Gowdy Paulsen Yoder has yet to offer a solution. Delaney Larson (CT) Ryan (OH) Granger Pearce Yoho DeLauro Lee (CA) Sa´ nchez, Linda Now, I can understand people not lik- Graves (GA) Perry Young (AK) DelBene Levin T. Graves (MO) Peterson Young (IN) ing this solution. I understand that. Deutch Lewis Sanchez, Loretta But somebody has to give us something Dingell Lipinski Sarbanes NOT VOTING—9 to negotiate with. That is what the Doggett Loebsack Schakowsky Amodei Gosar Miller, Gary Doyle Lofgren Schiff Chaffetz McCarthy (NY) Rush issue is all about. Duckworth Lowenthal Schneider Gohmert McIntyre Schwartz We think this is right. We will find Edwards Lowey Scott (VA) out if it is right if the House votes to Ellison Lujan Grisham Scott, David b 1829 Engel (NM) Serrano pass this, and then we will go to the Enyart Luja´ n, Ben Ray Sewell (AL) So the motion to recommit was re- next process. But, for goodness sakes, Eshoo (NM) Shea-Porter jected.

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00053 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.090 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1648 CONGRESSIONAL RECORD — HOUSE February 5, 2014 The result of the vote was announced Woodall Yoder Young (AK) HOUR OF MEETING ON TOMORROW Yarmuth Yoho Young (IN) as above recorded. Mr. LAMALFA. Mr. Speaker, I ask NOES—191 The SPEAKER pro tempore. The unanimous consent that when the question is on the passage of the bill. Amash Garcia Neal House adjourns today, it adjourn to The question was taken; and the Andrews Grayson Negrete McLeod Barber Green, Al Nolan meet at 9 a.m. tomorrow. Speaker pro tempore announced that Bass Green, Gene O’Rourke The SPEAKER pro tempore. Is there the ayes appeared to have it. Beatty Grijalva Pallone objection to the request of the gen- Becerra Gutie´rrez RECORDED VOTE Pascrell tleman from California? Bera (CA) Hahn Pastor (AZ) Mrs. NAPOLITANO. Mr. Speaker, I Bishop (GA) Hanabusa Payne There was no objection. Bishop (NY) Hastings (FL) demand a recorded vote. Pelosi f Blumenauer Heck (WA) Perlmutter A recorded vote was ordered. Bonamici Higgins Peters (CA) TEAGUE AUTO GROUP OF EL Brady (PA) Himes The SPEAKER pro tempore. This is a Peters (MI) Braley (IA) Hinojosa DORADO, ARKANSAS 5-minute vote. Pingree (ME) Brown (FL) Holt Pocan (Mr. COTTON asked and was given The vote was taken by electronic de- Brownley (CA) Honda vice, and there were—ayes 229, noes 191, Bustos Horsford Polis permission to address the House for 1 not voting 11, as follows: Butterfield Hoyer Price (NC) minute and to revise and extend his re- Capps Huffman Quigley [Roll No. 50] Rahall marks.) Capuano Israel Mr. COTTON. Mr. Speaker, today I AYES—229 Ca´ rdenas Jackson Lee Rangel Carney Jeffries Richmond recognize Jeff Teague, president of the Aderholt Graves (GA) Owens Carson (IN) Johnson (GA) Roybal-Allard Bachmann Graves (MO) Palazzo Teague Auto Group in El Dorado, Ar- Cartwright Johnson, E. B. Ruiz kansas, who was recently named Time Bachus Griffin (AR) Paulsen Castor (FL) Kaptur Ruppersberger Barletta Griffith (VA) Pearce Castro (TX) Keating Ryan (OH) magazine’s Auto Dealer of the Year. Barr Grimm Perry Chu Kelly (IL) Sa´ nchez, Linda Awarded annually, this award recog- Barrow (GA) Guthrie Peterson Cicilline Kennedy T. nizes the auto dealer who demonstrates Barton Hall Petri Clark (MA) Kildee Sanchez, Loretta Benishek Hanna Pittenger Clarke (NY) Kilmer Sarbanes exceptional business performance and Bentivolio Harper Pitts Clay Kind Schakowsky distinguished community service. Bilirakis Harris Poe (TX) Cleaver Kuster Schiff Bishop (UT) Hartzler Jeff and his father opened their first Pompeo Clyburn Langevin Schneider Black Hastings (WA) dealership as partners 33 years ago in Posey Cohen Larsen (WA) Schrader Blackburn Heck (NV) Price (GA) Connolly Larson (CT) Scott (VA) Walnut Ridge, Arkansas. Through hard Boustany Hensarling Reed Conyers Lee (CA) Scott, David work and determination, they built Brady (TX) Herrera Beutler Reichert Cooper Levin Bridenstine Holding Serrano their dealership into a thriving family Renacci Courtney Lewis Sewell (AL) Brooks (AL) Hudson Ribble Crowley Lipinski business. Brooks (IN) Huelskamp Shea-Porter Rice (SC) Cuellar Loebsack Sherman But more than a businessman, Jeff is Broun (GA) Huizenga (MI) Rigell Cummings Lofgren Sinema also a dedicated member of the El Do- Buchanan Hultgren Roby Davis (CA) Lowenthal Sires Bucshon Hunter Roe (TN) rado community. He is involved with Davis, Danny Lowey Slaughter Burgess Hurt Rogers (AL) Arkansas Baptist Children’s Homes and DeFazio Lujan Grisham Smith (WA) Byrne Issa Rogers (KY) DeGette (NM) Speier Family Ministries, the Main Street El Calvert Jenkins Rogers (MI) Delaney Luja´ n, Ben Ray Swalwell (CA) Dorado Music Festival, Union County Camp Johnson (OH) Rohrabacher DeLauro (NM) Takano Campbell Johnson, Sam Rokita DelBene Lynch 4–H, the Salvation Army, the South Ar- Thompson (CA) Cantor Jones Rooney Deutch Maffei kansas Historical Foundation, and the Thompson (MS) Capito Jordan Ros-Lehtinen Dingell Maloney, Tierney Boys and Girls Club of El Dorado. Carter Joyce Roskam Doggett Carolyn Titus I want to offer Jeff and his family my Cassidy Kelly (PA) Ross Doyle Maloney, Sean Chabot King (IA) Rothfus Duckworth Massie Tonko congratulations on this honor and Coble King (NY) Royce Edwards Matsui Tsongas thank him for all he does for the com- Coffman Kingston Runyan Ellison McCollum Van Hollen Cole Kinzinger (IL) munity of El Dorado. Ryan (WI) Engel McDermott Vargas Collins (GA) Kirkpatrick Salmon Enyart McGovern Veasey f Collins (NY) Kline Sanford Eshoo McNerney Vela Conaway Labrador ´ Scalise Esty Meeks Velazquez CELEBRATING THE LIFE OF JOHN Cook LaMalfa Schock Farr Meng Visclosky Costa Lamborn ROGERS, SR., AND BLACK HIS- Schweikert Fattah Michaud Walz Cotton Lance TORY MONTH Scott, Austin Foster Miller, George Wasserman Cramer Lankford Sensenbrenner Frankel (FL) Moore Schultz Crawford Latham (Ms. KELLY of Illinois asked and was Sessions Fudge Moran Waters given permission to address the House Crenshaw Latta Gabbard Murphy (FL) Waxman Culberson LoBiondo Shimkus for 1 minute.) Shuster Gallego Nadler Welch Daines Long Garamendi Napolitano Wilson (FL) Ms. KELLY of Illinois. Mr. Speaker, Davis, Rodney Lucas Simpson Denham Luetkemeyer Smith (MO) NOT VOTING—11 as we celebrate Black History Month, I Dent Lummis Smith (NE) Amodei McCarthy (NY) Schwartz rise to honor a remarkable American, DeSantis Marchant Smith (NJ) Chaffetz McIntyre Turner John Rogers, Sr., a man of unrivaled DesJarlais Marino Smith (TX) Gohmert Miller, Gary Whitfield Diaz-Balart Matheson Southerland determination and intellect who led an Gosar Rush Duffy McAllister Stewart extraordinary life. Duncan (SC) McCarthy (CA) Stivers b 1838 Mr. Rogers moved to Chicago at the Stockman Duncan (TN) McCaul age of 12, following the death of his Ellmers McClintock Stutzman So the bill was passed. Farenthold McHenry Terry The result of the vote was announced parents, and later earned his pilot’s li- Fincher McKeon Thompson (PA) as above recorded. cense and enlisted in the Army Air Fitzpatrick McKinley Thornberry Forces, where he flew in 120 combat Fleischmann McMorris Tiberi A motion to reconsider was laid on Fleming Rodgers Tipton the table. missions in World War II as a member Upton of the famed Tuskegee Airmen. Flores Meadows f Forbes Meehan Valadao He went on to attend the University Fortenberry Messer Wagner THE JOURNAL of Chicago’s Law School on the GI Bill Foxx Mica Walberg Franks (AZ) Miller (FL) Walden The SPEAKER pro tempore. The un- and served for 21 years as a Cook Coun- Frelinghuysen Miller (MI) Walorski finished business is the question on ty juvenile court judge. He was known Gardner Mullin Weber (TX) agreeing to the Speaker’s approval of as much for his compassion as he was Garrett Mulvaney Webster (FL) Gerlach Murphy (PA) Wenstrup the Journal, which the Chair will put for his conviction, and believed as Gibbs Neugebauer Westmoreland de novo. much in giving second chances as he Gibson Noem Williams The question is on the Speaker’s ap- did in doing things right the first time. Gingrey (GA) Nugent Wilson (SC) proval of the Journal. Mr. Rogers was a great leader and Goodlatte Nunes Wittman Gowdy Nunnelee Wolf Pursuant to clause 1, rule I, the Jour- role model. He passed away last month Granger Olson Womack nal stands approved. at the age of 95, but he leaves behind a

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00054 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.093 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1649 legacy of accomplishments that have What America wants is security but the counties I represent has been stag- made a greater America and are wor- balanced with privacy and the respect gering. thy of being celebrated in any month. for the Fourth Amendment, prohib- In Kane County, Illinois, there were f iting unreasonable search and seizure. 20 heroin-related deaths in 2013. In Will It is important for this Congress to County, there were 35. DuPage County LET’S HELP AMERICAN WORKERS come together in a bipartisan way to reported 46 heroin-related deaths, in- (Mr. PAULSEN asked and was given stand up and be on the American peo- cluding one period last summer when permission to address the House for 1 ple’s side so that we can secure them, 15 overdose deaths were reported in minute and to revise and extend his re- secure the homeland, but we can also just 17 days. marks.) provide for their privacy. Heroin abuse affects people of every race, income and education level. Mr. PAULSEN. Mr. Speaker, 4 years f ago, the American people were told These are mothers and fathers, friends that the President’s new health care CELEBRATING THE 80TH BIRTH- and neighbors. law would create 4 million new jobs. DAY OF HENRY ‘‘HAMMERIN’ Community leaders are working to Well, it turns out supporters of the law HANK’’ AARON fight back, and, yet, at the Federal were only off by 6 million, because yes- (Ms. FRANKEL of Florida asked and level we have not only failed to in- terday the nonpartisan Congressional was given permission to address the crease our efforts to combat drug Budget Office revealed that over 2 mil- House for 1 minute.) abuse, we have reduced resources. lion jobs will actually be lost under Ms. FRANKEL of Florida. Mr. Speak- Funding for the Substance Abuse and ObamaCare. er, Henry ‘‘Hank’’ Aaron is one of the Mental Health Services Administration One problem is the law drastically great athletes to ever set foot on any was cut by over $210 million in 2013. changes the definition of full-time field, renowned for breaking home run The DEA’s budget was cut by nearly work to 30 hours per week. Because of records and racial barriers. $120 million. this so-called ‘‘30-hour rule,’’ millions With grit and natural talent, he be- Mr. Speaker, I rise today because we of Americans working in education, came the home run king of baseball cannot ignore this epidemic which is small business, hospitality, retail, food while playing at a time of ugly seg- ravaging our country. service, and public safety are now hav- regation, having to sleep in separate f ing their hours and their wages cut by hotel rooms from his teammates and BURDENSOME EPA REGULATIONS up to 25 percent. And this comes at a facing countless threats on his life. The SPEAKER pro tempore (Mr. time when there are already 7.8 million On Saturday, a portrait of this ex- PITTENGER). Under the Speaker’s an- Americans working part-time who traordinary man I am proud to call my nounced policy of January 3, 2013, the want full-time work. friend and neighbor will be unveiled at gentlewoman from Missouri (Mrs. America’s workers deserve better, the National Portrait Gallery as HARTZLER) is recognized for 60 minutes and, thankfully, there is bipartisan friends and family join Hank and his as the designee of the majority leader. support for the Save American Workers wife, Billye, in celebration of his 80th Act to restore a common under- birthday. GENERAL LEAVE standing in America that full-time Cheers to you, Hammerin’ Hank. Mrs. HARTZLER. Mr. Speaker, I ask work is 40 hours. The bill passed the Thank you for a lifetime of courage unanimous consent that all Members Ways and Means Committee and is and inspiration. may have 5 legislative days in which to headed for the floor. revise and extend their remarks and in- f Mr. Speaker, let’s have some com- clude extraneous material on the sub- mon sense and eliminate this onerous THE AMERICAN HEART ject of my Special Order. mandate so we can get people back to ASSOCIATION The SPEAKER pro tempore. Is there work. objection to the request of the gentle- (Mrs. BEATTY asked and was given woman from Missouri? f permission to address the House for 1 There was no objection. b 1845 minute.) Mrs. HARTZLER. Mr. Speaker, Mrs. BEATTY. Mr. Speaker, I rise today, back in Missouri, this frigid cold LEGISLATION PROTECTING THE this evening in support and honor of snap is really making life miserable for FOURTH AMENDMENT the American Heart Association. everyone. We have below-zero tempera- (Ms. JACKSON LEE asked and was Today, women, Democrats and Repub- tures and wind chills and a lot of snow. given permission to address the House licans, stood together in honor of the In fact, a lot of children are home from for 1 minute.) American Heart Association because school today, and it is on snowy days Ms. JACKSON LEE. Mr. Speaker, we understand that cardiovascular dis- like this back in Missouri and across yesterday in the Judiciary Committee, ease is the number one killer for much of America that we really appre- we had a very vigorous hearing and dis- women. ciate the ability to go to our thermo- cussion on the questions of the Na- The American Heart Association and stats and to turn up the temperature tional Security Agency and privacy for Stroke Association asks us to wear red and be able to sit by a nice fire to keep the American people. I have introduced in support of educating and giving warm. What we don’t need is the gov- H.R. 2434, the Civilian Contractors En- awareness to the American people. We ernment interfering in that. Safe, af- gaged in Intelligence Activities Reduc- asked all citizens this Friday, Feb- fordable and reliable energy is vital for tion Act, which has seen a large sup- ruary 7, to wear red. Stand with us as all of us as Americans, and it is being port from the White House and others we stand for educating and making our threatened by the Environmental Pro- about the importance of considering citizens aware of this killer disease. tection Agency. They are increasing and looking at reduction of outsourc- f burdens and making our regulations ing of our intelligence activities and more difficult and costly for hard- really bringing in-house the training HEROIN ABUSE working taxpayers. and the expertise of those handling (Mr. FOSTER asked and was given While I support commonsense regula- America’s intelligence. permission to address the House for 1 tions designed to protect my constitu- I introduced H.R. 2440, which is the minute and to revise and extend his re- ents and the environment, many of the FISA Court in the Sunshine Act, which marks.) EPA regulations have gone too far, I am very glad that part of it is in H.R. Mr. FOSTER. Mr. Speaker, I rise threatening to raise electricity rates 3361, Uniting and Strengthening Amer- today to discuss the grave epidemic of during these cold winter months and ica By Fulfilling Rights and Ending heroin abuse. The media has shone a hurting markets designed to provide Eavesdropping. This is the bill that bright light on this issue this week, rural homes with proper heating sys- deals with the mega trolling that has but for too many in my district, heroin tems. occurred under the NSA of business abuse is all too common. The number County officials, farmers and city ad- records. of heroin deaths that we have seen in ministrators, as well as moms and dads

VerDate Mar 15 2010 05:10 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00055 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.096 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1650 CONGRESSIONAL RECORD — HOUSE February 5, 2014 all across Missouri who have to pay the this regulation could provide another radans and the rest of the country electric bill every month, are con- de facto ban of the production and sale should not have to choose between stantly coming up to me with stories of of 80 percent of America’s current heating their homes and feeding their the burdens that the EPA regulations wood-burning stoves, which are the families. I remain committed to seeing have placed on their families, their world’s oldest heating system. what I can do to stop this bureaucrat businesses and their communities. The EPA’s stringent, one-size-fits-all overreach. It is time for this to stop. It is time policy goes against the will of the peo- Just for one example, and my friend for the EPA to begin working with my ple, and it requires the same stringent and colleague alluded to this, the EPA constituents, with local officials and standards in a cottage in the woods wants to force American coal-fired with State governments to bring com- that it applies to a high-rise building power plants to use carbon capture and monsense, consensus-driven changes to in downtown New York. For the first 10 storage technology that does not even the regulations instead of the typical, years of my marriage, my husband and exist. Since it doesn’t exist, this is an heavy-handed Washington bureauc- I heated our home with a wood-burning impossible mandate to obey. racy. Many of these regulations are sti- stove like this. I am concerned for the The EPA is basing its regulations on fling small businesses and local com- many constituents who have used these wishful thinking, not sound science. munities, leading to slow economic stoves for years to heat their home, They need to be brought under control. growth, stagnant jobs and less opportu- that they will have to turn in their old The ability of working Americans to nities for the next generations of furnaces for scrap and make costly up- pay their bills hangs in the balance. Americans. grades if they choose to remodel. I thank the gentlelady for putting So, today, my colleagues and I would So, again, I implore the EPA to apply this important time together. like to outline some of the most egre- a little common sense to these onerous Mrs. HARTZLER. Thank you, gen- gious EPA regulations and offer com- regulations and not finalize this bur- tleman. Thank you for your leadership monsense solutions to fix, replace or densome rule. on this. You have been at the forefront eliminate previous EPA actions that These are just two examples of the of this, and this is so, so important. I are hurting the average American. many concerns of the EPA overreach love what you said about the EPA is For example, the EPA’s recently pro- that I hear on a regular basis. basing this on wishful thinking and not posed rule on source performance I pause now to invite my colleagues sound science. I think most of us would standards for new power plants has to share experiences and issues that appreciate if there was some science raised serious concerns among rate- their constituents face dealing with behind regulations. That seems to be payers, utilities and small businesses this agency. So I would like to start common sense, but they clearly have in my district. My main concern with with my dear friend from Colorado, gone beyond that, and it is hurting, as these proposed regulations remains fo- DOUG LAMBORN. you say, people. It is hurting the bot- cused on Missouri’s need to provide af- Representative LAMBORN, what would tom line. It is hurting when you pay fordable and reliable electricity. How- you like to share? your bills every month, and your elec- ever, in a State like Missouri that de- Mr. LAMBORN. Well, I thank my tric bill is just going through the roof rives over 80 percent of our power from friend and colleague, the gentlelady unnecessarily because of these onerous coal, the EPA has proposed a rule that from Missouri, for her leadership on regulations. would create a de facto ban on building this issue and for putting this time to- So thank you, gentleman. any new coal-fired power plants by re- gether. This is an important topic. Now, I would like to turn to my quiring the use of something called Mr. Speaker, I hear from Coloradans friend and colleague from Utah, Rep- carbon capture and storage technology. every day who are struggling just to resentative CHRIS STEWART, to share This technology has not even been make ends meet. Unemployment re- his thoughts on this important topic. proven commercially viable anywhere, mains high, and Americans are striving Thank you, CHRIS. and the small pilot projects used as a to provide necessities for their fami- b 1900 basis of the EPA’s analysis have been lies. Prices at the pump have doubled highly subsidized by the government since President Obama took office. Ac- Mr. STEWART. Mr. Speaker, I would and are not commercially available. cording to the Energy Information Ad- like to thank my friend from Missouri Congressional intent in the Clean Air ministration, they are on a trajectory for allowing me to speak tonight. Act is clear. The EPA is required to to rise even higher. Thank you for organizing this. I think complete a cost-benefit analysis and Sadly, as American families and this is an important issue. In fact, I base their regulations on the best com- small businesses continue to suffer would say that this is a critical issue. mercially available technology. It is from these high energy prices, the It is a great example of why the Amer- clear that these standards have not Obama administration’s response has ican people don’t trust the Federal been met. been to impose job-killing and expen- Government. Let me say that again. The good news is that there is a bi- sive rules through the Environmental The American people don’t trust the partisan solution for this regulation. Protection Agency. These expenses are Federal Government. So much of what Congressman WHITFIELD and Senator passed on to American consumers. they do doesn’t make any sense, and so MANCHIN have introduced the Elec- These policies, such as attempting to much of what the EPA does doesn’t tricity Security and Affordability Act. regulate greenhouse gas emissions in make any sense. They designed the bill to require that the Clean Air Act, only end up hurting I was the chair of the Subcommittee any greenhouse gas standard set by the consumers. on the Environment, and we had direct EPA for new coal-fired plants are As the chairman of the Natural Re- oversight over EPA. Again and again, I achievable by commercial power plants sources Subcommittee on Energy and saw examples of the things that they operating in the real world, including Mineral Resources and a proponent for did that illustrated that they were an highly efficient plants that utilize the business-focused regulations, I have agency that is, in many ways, out of most modern, state-of-the-art stand- been vocal against many of these control. At one point, they had pro- ards that can be met by all States in a harmful regulations. The EPA’s contin- posed regulations over ozone that were way that is not economically damaging ued power grab ends up taking legisla- virtually impossible for many Western to local ratepayers and small busi- tive authority out of the hands of those States to comply with, Western States nesses. who are sent here in Washington to like my home State of Utah. Their reg- All we ask is that the EPA work with represent the American people and ulations would have been so restrictive us to find commonsense solutions for puts it in the hands of unelected bu- that there was more naturally occur- real world problems. reaucrats carrying out the agenda and ring ozone than they would have al- Another example of needless regula- policies of the White House. lowed. It doesn’t make any sense. tion is the EPA’s proposed rule on fu- I have cosponsored numerous bills to There are multiple studies that were ture production of wood-burning stoves repeal many of these regulations piece sponsored by the EPA concerning sup- like the one in this picture right here. by piece to ensure Americans that they posed contamination of groundwater My constituents are concerned that would have affordable energy. Colo- from fracking that were so sloppy and

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00056 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.098 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1651 so obviously biased that even the EPA discussion tonight helps move us for- allow EPA to regulate activities be- had to finally admit to them and with- ward towards doing that. yond the scope of interstate commerce, draw their own studies. Once again, it Mrs. HARTZLER. Mr. Speaker, excel- which is clearly not what was intended doesn’t make any sense. lent points there. I think you are right; when the Clean Water Act was passed Why would the EPA try to stop we need to make regulations that in 1972. fracking, a technology that has led to make sense. What the EPA is doing It is essential that we support poli- cheaper energy, more efficient energy, does not make sense. It does feed into cies that help farmers not only in jobs, and economic growth in many the distrust of government bureauc- North Carolina, not only in my dis- parts of our country? It doesn’t make racy by the American people, and well- trict, but across the country to grow any sense. deserved when they have some of the and produce their crops. They cannot There is the war on coal that I sup- regulations coming out that they have afford to be laid low by overreaching pose many will be speaking about. As been proposing that are harming Amer- government regulations. These are not my friend, Mrs. HARTZLER, was saying, icans. That is why we are here tonight, large corporations. We are talking it drives up the cost of energy for every to raise these concerns and to fight about local farmers who are farming working family. It does nothing to re- against them. sweet potatoes or soybeans or tobacco, duce global carbon emissions. I am so glad today to get to pass the and for them, these new regulations I would like to take a minute and ex- baton to my friend from North Caro- can be complex and compliance can be pand on, with a little more detail, what lina (Mr. HOLDING). time consuming and expensive. I think is one of the most egregious Mr. HOLDING. Mr. Speaker, I want The Small Business Office of Advo- and troubling examples of EPA over- to thank the gentlelady for bringing us cacy has reported that Federal rule- reach. I want to speak on behalf of the here today to talk about this impor- making has imposed a cumulative bur- thousands of landowners in my dis- tant issue. den of $1.75 trillion on our economy. trict, to my home State of Utah, that Mr. Speaker, excessive and burden- We should not add more to the problem face a new threat due to the heavy some regulations have become a pat- with the proposed EPA rule; but, rath- hand of the EPA. This will affect farm- tern under this administration. It is er, we should be doing all we can to al- ers, it will affect ranchers, and even harmful to business and prevents leviate the burden on our farmers, homeowners as they come into the growth in our economy. small businesses, and our Nation’s crosshairs of an agency that has an One area of concern, amongst many economy. ever-expanding regulatory agenda. The that I have and my constituents have Again, I want to thank the gentle- new actions of EPA are nothing more in North Carolina, is the proposed En- woman from Missouri (Mrs. HARTZLER) than a power grab that will have sig- vironmental Protection Agency rule for organizing this Special Order this nificant impact on infrastructure, on which would make changes to the afternoon. energy and land development. Clean Water Act. The proposed rule by Mrs. HARTZLER. I thank the gen- Back in September, the EPA pub- EPA would grant them control over es- tleman very much, and I want to follow lished a drafted rule to more heavily sentially all waters, not just navigable up on exactly your same story. I hear regulate the Clean Water Act. Now, waters as any commonsense person un- the same from my farmers in Missouri. make no mistake, this rule is wholly in derstands navigable waters and which And this picture on this poster, I hope defiance of recent Supreme Court rul- is clearly defined in the Clean Water everyone can see, because I want to ings that determined the Agency was Act of 1972 and has been upheld by the show what Representative HOLDING was out of step with current law. The draft- Supreme Court. just talking about. ed rule would allow the EPA to regu- In North Carolina, farmers are a crit- The Clean Water Act gave the EPA late virtually every body of water in ical part of this economy and commu- authority to regulate navigable waters, the United States, including private nity. Earlier this week, I had the and those are the pictures here. They lakes, small ponds, seasonal streams. chance to meet with a group of farmers would be something that you would Every depression, no matter how far from Wayne County, which is a large consider navigable waters, and they away it was from a jurisdictional population center in my district. One worked with the Corps of Engineers to water, could fall under this regulation. of their greatest concerns was not a develop regulations. It would require farmers to get ap- traditional farmer concern that you The pictures on the right are what I proval from the EPA before they plant- hear. It wasn’t a concern about feed consider nonnavigable, and I think ed their crops. It would require permits prices or soil fertility or farm equip- most people with common sense would. from the EPA before you could build on ment maintenance. It had to do with a They are farm ponds, puddles, and your own property, and it would hand Federal agency attempting to regulate ditches. This is what the EPA is trying environmentalists another way to sue any ditch, puddle, or dry creekbed to expand its reach to regulating. As property owners. It would drastically within their property lines. This pro- Representative HOLDING said, this is increase the cost and the timeframe of posed rule from the EPA would take going to impact every farmer and every building any piece of infrastructure, control away from these farmers and property owner, and it is a violation of whether it is a highway or a power place it in the hands of a Federal Gov- property rights. plant, all of the things that commu- ernment bureaucracy. The government should not have any nities need in order to survive. Now, the EPA claims that it needs control or say over how people manage Everyone agrees that we should pro- the authority to do this, but in reality, their ponds, or if there is a puddle in tect the environment. There is a reason this expansion of power would unneces- the field, they shouldn’t have to ask that I chose to live in Utah. I love to sarily put local and State issues in the permission to be able to plant a crop rock climb. I love to hike. I love to ski. Federal Government’s hands. The EPA there. And yet that is what you have, I grew up on a farm. I love the land. I wants to expand the jurisdiction to one of the things that EPA is doing. want to protect the land. The presump- intrastate waters, which could include Thank you for bringing that up. And I tion is that because I am a Republican isolated streams or ditches. This is ex- wanted everybody to see how ridicu- I must hate the land, and I think it is tremely consequential to private prop- lous this is and what an overreach of absurd. erty owners who could now be subject government it is. Thank you for show- If you want to take a meaningful to EPA regulations even if they merely ing that picture. step towards restoring trust between have a small pond in their backyard. Now, I turn to ANDY BARR from Ken- the American people and the Federal If the EPA is given this authority, tucky. He knows a little bit about coal Government, then rein in the power of private property owners will be vulner- and some of the other impacts of the the EPA. It appears that our President able to lawsuits from environmental EPA. Please share your thoughts on has exactly the opposite in mind, and groups for not complying with regula- the topic. that scares me to death. It, frankly, tions. In some of these cases, these Mr. BARR. I thank the gentlelady for should scare every American. I hope waters have nothing to do with Federal organizing this Special Order and her that he doesn’t. I hope we are able to interests and the rule could override leadership in highlighting a real prob- control this Agency. I hope that this State prerogatives. The rule would lem in our country right now.

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00057 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.099 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1652 CONGRESSIONAL RECORD — HOUSE February 5, 2014 The President of the United States cost of energy. The EPA’s ruinous poli- The House has made its position loud the other night in the State of the cies will only drive those rates higher, and clear: these policies are at odds Union made an observation, and the adding to the burdens on those already with the intent of Congress and not in President’s observation was one where struggling to make ends meet. Folks the best interest of the American peo- he described an economy in which in- like our seniors on fixed incomes, they ple. In fact, they are actually bank- equality has deepened and upward mo- can’t afford these higher utility bills. rupting many hardworking Americans. bility has stalled. Unfortunately, in The President likes to talk about the Enough is enough, Mr. Speaker. I many respects the President is right, war on poverty. My friends on the would encourage the President and the but he is wrong about what has caused other side of the aisle like to talk EPA to approach Congress with an that problem to exist in our economy. about the war on poverty. Well, it is open, transparent program that bal- The truth is a major reason why up- hard to win the war on poverty when ances environmental protection with ward mobility has stalled is because you are waging a relentless war on economic growth. It can be done if Con- the Environmental Protection Agency, jobs. That is exactly what is happening gress has a willing negotiator in the under his direction, has produced a del- with the EPA. White House, but continuing to impose uge of red tape and regulations that EPA officials think that they know these rules by executive proclamation are literally strangling the Nation’s what is best for you, for your family, unilaterally fails to benefit the envi- economy. The poor are worse off today and for your community, whether you ronment and it serves only to harm our than they were when President Obama live in Kentucky or Texas or Cali- constituents and our democracy, if this took office. Seven million more Ameri- fornia, but when Congress has asked President, if this Congress is serious cans live in poverty today as compared for some evidence to justify this one- about dealing with poverty, if we are to 2008. Median household income has size-fits-all approach, they fail to pro- serious about dealing with income in- fallen over $2,000 in the last 4 years. vide it. equality, if we are really genuinely in- Seventy-six percent of Americans live While I am sure it was much easier terested in helping the poor in this paycheck to paycheck, and the per- for these bureaucrats to have listening country, let’s not attack hardworking centage of working-age people actually sessions on greenhouse gas regulations Americans. Let’s focus on job creation in the workforce has dropped to the in Washington, D.C., or San Francisco, and growth, and let’s unleash the en- lowest rate in 35 years in the Obama California, the three States that pro- ergy potential of the United States. economy. The EPA is largely respon- duced the most coal—Kentucky, West I thank the gentlelady for her leader- sible for this. Virginia, and Wyoming—they were not ship. Mrs. HARTZLER. Thank you very, The coal industry in my region in on the list where the EPA went to very much. I don’t think anyone could central and eastern Kentucky could be visit. I don’t think the bureaucrats would have received such a warm wel- say it any better than that. the poster child of this regulatory on- I appreciate as well your comments slaught. According to the Common- come from the coal miners of my State whose jobs were lost, the small busi- about coal because in my district, I wealth’s recently released figures, have the only working coal mine in more than 7,000 coal miners in the Ap- nesses that no longer have customers— many in my home district—the teach- Missouri. In Missouri, 85 percent of our palachian coalfields have received pink energy comes from coal. It is an ex- ers whose schools have lost a major slips since 2009; 2,232 of those jobs were tremist agenda that would raise the source of tax revenue. They no longer lost last year alone, thanks in large price of energy unnecessarily, espe- have those funds because of the war on part to the overreach of the EPA. The cially on the hardest hit Americans coal and the loss of revenue. percentage of coal miners in our State whose hours are being cut back because is the lowest number of coal miners As I have warned for some time, the impact of EPA regulations will not be of other policies from this country since 1927 in the coal labor market, and coming forth, and whose paychecks are that is since they actually started limited to the coal fields of Appa- lachia. If the EPA has its way, rising shrinking. keeping those statistics. Why would you artificially raise the electricity rates, like we have already So whether it is deadlocking the per- cost of their electric bills due to regu- seen this winter, will ripple through mit process or trying to effectively ban lations that aren’t even scientifically coal-fired electricity through disas- this economy, threatening the manu- based and shut off a major source of en- trous greenhouse gas regulations, facturing renaissance; home heating ergy in this country that is affordable, EPA’s arming of unelected bureaucrats bills will spike; goods and services will reliable, safe, and clean—and that is has been very direct about their efforts cost more, depressing consumer de- coal. to reshape entire sectors of our econ- mand; businesses will have to devote Thank you very much for sharing omy. In fact, the President’s own cli- money that could have gone to invest- that. mate adviser was reported as saying ‘‘a ment and hiring to cover higher energy Now I would like to go to my friend war on coal is exactly what we need.’’ costs at a time when they can least af- from Oklahoma, JAMES LANKFORD, to So what bothers me about this is ford it; companies considering to lo- hear his thoughts about EPA and how that there is a total disregard for the cate here in the United States will it is hurting Americans and how we human cost to hardworking Americans, leave because our energy advantage can provide better solutions. their families, who have lost these pay- will instead go overseas, where labor Mr. LANKFORD. There are a lot of checks, who have been laid off with no and energy are cheaper and the regu- things that we have done as a Nation other economic opportunity. latory environment is less suffocating. that really have greatly benefited the There is a problem with upward mo- Americans are calling for more jobs, health and economy of our Nation. We bility in this country. There is income but the Federal bureaucracy is trying have engaged. There are some that inequality, but it is because of this ad- to make sure those jobs go elsewhere. would say to Republicans that Repub- ministration’s policies that are dev- All of this is happening through licans just want dirty air and dirty astating these coal-mining families. agency rulemaking because that is the water and they just assume we want And make no mistake, these costs are only way that the President’s environ- unhealthy kids and all those things. I generally borne by the Nation’s most mentalist wish list can come into have people who have complained to vulnerable who can least afford higher being. Similar policies have repeatedly me here while I have been in the House energy prices. A recent study analyzing failed in the face of bipartisan opposi- of Representatives and say: Don’t you government data found that, for the tion in Congress. The President and the care about kids with asthma? And I 180,000 families in Kentucky making EPA, deaf to the vehement refusals of look at them and say: Yeah, my daugh- less than $10,000 per year, energy costs the American people and their elected ter is one of them. So don’t throw back consume more than two-thirds of after- officials to go along with this extrem- in my face we don’t care about our own tax income. ist agenda, are resorting to the only kids and we don’t care about the envi- means that they have left: legally ronment. b 1915 questionable rulemaking and executive My youngest daughter, a couple of That means for every $100 they take actions unilaterally administered by years ago we were sitting at an inter- home, about $70 goes to covering the the executive branch. section and the car in front of us took

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00058 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.100 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1653 off and black smoke came out of the going to be affected the most are the here tonight and welcome your com- back of it, and she said out loud: Is people that this government should ments on this issue. that car on fire? As a kid who grew up protect rather than just look at them Mr. LATTA. Thank you very much. I in the 1970s like I did, I thought: No, and say: this is going to be hard, but appreciate the gentlelady for orga- that is what every car did in the 1970s, you are going to pay a higher bill. nizing this Special Order tonight. but we have made real changes, and it Simple things like regional haze. The issue about the EPA and what it has affected our environment. Rules were made years ago on regional is doing back home and across our Na- It is fascinating to me now that the haze. Regional haze is a rule dealing tion is an issue that we all have to EPA and the rules that were put in with aesthetics, what the air looks really pay attention to. I serve on the place to protect all Americans have like. Not air quality, not what we Energy and Commerce Committee, and moved from where they were in the breath, not health, just aesthetics. So we look at this all the time in our sub- 1970s to now trying to get to the most the rule was made if this is just about committee. We have hearings contin- granular small level that is pushing be- aesthetics, not about health, the State ually. People back home always ask: yond health and safety down to a level should make those rules. What’s going on, why is this hap- that is actually controlling business Then there was what’s called a ‘‘sue pening, as the gentleman from Okla- and the basic operation of our econ- and settle’’ agreement. This adminis- homa just said. omy. This is no longer about health tration allowed a lawsuit, broke off My district is unique. I have 60,000 and safety of people anymore. Those separately from the normal judicial manufacturing jobs, and I also rep- rules have long been changed and been process, made an arrangement with resent the largest number of farmers in in place. This is something different. these environmental groups, and then the State of Ohio. When I am home, The basic rules: came back to States and said, a judge over the last 16 plus months I have There is a rule that probably no one is imposing that. A judge is not impos- probably done about 40 to 50 different tracks. It is a 316(b) rule. No one has ing that. They made a deal with envi- meetings in my district visiting manu- heard of the 316(b) rule, but what it ronmentalist groups around the people facturing plants, farmers, and small does with power plants, most power that it would affect and are now impos- businesses. I also ask them: What is plants, as people drive past all the time ing it on States. the issue that you are most concerned and see them, they have a lake around What is the result of that? Higher about? The number one issue I hear them. In that lake there are, typically, prices for electricity. Not because of from them all the time on, the number fish. Quite frankly, for many power health, but because of aesthetics. one issue is regulations. Regulations plants that are there in many parts of Again, the President’s statement: this are the number one thing that are the country, the power company actu- is going to be hard, we are aware. It is holding back Americans from creating ally built that lake and then stocked going to be hard on the people that more jobs in this country. It is very it. In Oklahoma, some of the best fish- should be protected by this Nation, not important that I ask them: Well, who ing lakes are right around power plants just someone stepping into their house is it, what regulations? It is the EPA. because the water is a little bit warmer and saying: sorry your electricity bill That is the number one agency I hear and the fish multiply. The water that is higher, this is going to be hard. That about from my constituents all the comes in through one side of that lake doesn’t help anyone. Families know time. actually goes underneath the power that day-to-day life is hard. They don’t Earlier this session, I offered H.R. plant to actually cool the power plant. need this government making it harder 724. H.R. 724 is a piece of legislation It is not the steam that comes out of for them. that received bipartisan support here We need to stand up and protect the top. It is just like a big radiator in the House. Not only did it receive bi- them. It is important that we have that comes in. partisan support, it passed unani- clean air and clean water. It is also im- There is a grading screen that keeps mously. What that bill does is it gets portant that we protect our families all the fish out and everything else be- rid of a piece of regulation that is no and not bring them undue expense that cause they don’t want them going un- longer necessary under the Clean Air matters nothing for basic human derneath the plant as well and hurting health and population. Act. the tubing and such. Occasionally, a I thank the gentlelady for hosting There is a regulation on the books fish gets what is called impinged on this time and for this conversation be- out there that requires small to large that screen. They are typically min- cause these EPA issues are not just to medium auto dealers in this country nows, what we use in Oklahoma for Washington issues; they are issues that that they would have to go out and fishing bait. matter to our families. They are issues give the buyer a piece of paper telling So the EPA is stepping in to power that do change the price of our elec- them that, yes, it met all the require- companies and making massive tricity and our energy. When people ments. Well, it is no longer a piece of changes in their requirements to the say all the time: Why doesn’t my check paper that needs to be given. It is screens around the outside of that to go as far as it used to go, why does life something that should have been got- keep fish—minnows, bait fish—from seem to cost so much now, I say to ten rid of a long time ago because it is being caught on that. Well, the offer them: Welcome to the regulation world online, it is on the cars, it says right has been made to say, if 100 bait fish that we live in, where someone from there that that car meets all the emis- are killed on this screen during this D.C. says: this is going to be hard and sion standards. time, can we just buy 100 bait fish and you pay more. So what we need to do is just start put it in? We can go down to the local Mrs. HARTZLER. We have turned paring back these types of regulations. bait shop and get 100 fish and just re- sadly into a regulation Nation, and it That bill has gone over to the Senate. stock it—and they say no. It requires is wrong, but some of us—and the ones I hope our friends over there in the millions of dollars of change to go here tonight speaking—are not going very near future take that up because, around that screen to prevent that. to sit by and allow this and stand idly again, it is something that helps the Who pays for that? Ratepayers pay by. We are fighting against it, and that communities. Again, when you talk for that. The President made a state- is why we are here. about folks back home, the folks back ment in his State of the Union address I totally agree with my colleague home—it is like the auto dealers—they when he said: these things will be hard, that it is wrong to just tell people: are the ones that sponsor Little League but they are right for the environment. well, this is going to be hard, but you teams, they are the ones that are out Do you know who it is hard on? The are going to have to pay more on your there making sure that they are donat- poorest in our society, elderly people electric bill basically because of this ing. So let’s give them more time to do that are on fixed incomes. That elec- new regulation because we care more things like helping their community tricity bill matters to them, and you for a minnow than we do about people. and, by the way, selling more cars, put- can’t just flippantly say, Mr. Presi- That is wrong. It is time to change ting more people to work. That is very, dent, this is going to be hard but we things. very important. have got to do it, when the people that I appreciate my friend from Ohio, Also, as the speaker from Oklahoma it is going to be hardest on and are Representative ROBERT LATTA, being also mentioned, there is nobody out

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00059 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.101 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1654 CONGRESSIONAL RECORD — HOUSE February 5, 2014 there that doesn’t say that we don’t and we really need more of that to flexibility in how they comply. Successful want clean air and clean water. We all push back on these onerous regulations cap-and-trade programs reward innovation, want that, but in recent years the EPA by the EPA, like you pointed out, that efficiency and early action, and provide has put forward broad-reaching regu- cost the taxpayers $1.8 trillion a year strict environmental accountability without inhibiting economic growth. latory proposals that are either overall just to comply with paperwork. unachievable or lack sufficient cost- That is wrong. This is simply not true. It strangles benefit justifications. One of the most Now I would like to turn to my friend businesses; it costs money; and it sti- harmful proposals includes the green- from Florida, Representative TED fles economic growth. house gas emission standards for new YOHO, to share his thoughts. Overzealous regulations like cap-and- power plants that aim to stop the use Mr. YOHO. I would like to thank the trade by the EPA, which is, again, an of coal as an energy source. gentlelady from the great State of Mis- administrative agency, handcuff our We have all heard from folks tonight souri (Mrs. HARTZLER) for the privilege economy and make America less com- talking about how much coal is being of being able to address one of the petitive in the world because emerging used not only in their districts, but greatest issues facing our Nation markets like China and India will their States. In the State of Ohio, 78 today—the unilateral imposition of never adopt such destructive taxes; yet percent of our electricity comes from regulations coming out of an adminis- they put our manufacturers in a hold coal-fired plants. trative agency known as the EPA, the and make America less competitive, When you talk about what is going to Environmental Protection Agency, and further restricting the opportunities in happen if all these regulations go on, the strangulating effects those regula- this country and lowering the job who is that going to affect? tions have on business development growth in this country. and on our economy. I have just a few stories I would like b 1930 Mr. Speaker, my home State, the to share with you. One of them is about It is going to affect the very vulner- great State of Florida, is fortunate a constituent of mine. We have talked able citizens in our districts. For the enough to play host to a myriad of about this, and you held up the navi- senior citizens out there on fixed in- beautiful animals, landscapes, water- gable waterways: comes, it is going to increase the costs ways, and beaches, and I believe that He is a dairy farmer. He has been in for them. They are going to have to we all play a role in being good stew- battle with the EPA for over a couple make the choice about heating their ards of our natural resources. We all of years. It has cost him over $400,000— homes or about refilling those life- want clean water. We all want clean $200,000 in fines. It is for a depression saving prescriptions that they might air. As Mr. LANKFORD was talking on his property that has been there for have to have. about his child’s having asthma, I have years. It is a depression that, when it So, when we look at the EPA and asthma, and I know the importance of rains, it fills up and it evaporates, yet when it fails to consider what those this. So, yes, we do want a clean envi- he has fought the EPA on this for over real-life impacts are on all of these ronment. 2 years at the cost of $200,000 in fines— proposals that it is proposing out Many rural districts like mine often $200,000 to fix it and in lawyer fees. there; or the small business owner who have unique needs, whether it is the This can’t go on. It drives people out of struggles to make the payroll; or the farmer farming to put food on his table business; newly hired employee facing the re- in order to keep his family fed or to In our area, I visited a power plant. duced hours; or, again, senior citizens feed a Nation or to keep the lights on That power plant was tasked with who are on fixed incomes and trying to at the storefront or bringing jobs back meeting a new EPA standard for their budget in these tough times, those are to our districts. Through projects like emissions. It cost them over $500 mil- the things that have to be considered. the dredging of the St. Johns water- lion, and they had 4 years to complete One of the things, I think, that was way, which is a crucial infrastructure it. They got halfway through the really staggering was that, in 2011, the project in our district, it would create project, and the EPA came out and SBA—the Small Business Administra- thousands of jobs, and yet we have to said, Never mind. We changed the rule. tion—came out with a report stating deal with EPA regulations. They have already spent half the that we have $1.7 trillion of regulations Congress must ensure that efficient money, yet the EPA says, You don’t in this country today. Unfortunately, and effective policies are being imple- have to comply. that got up to $1.8 trillion, and that is mented that both boost the economy We see this over and over again. Ac- what we are dealing with in this coun- and uphold environmentally friendly cording to the new EPA studies, by try. People wonder why jobs aren’t industry standards. However, the EPA their own admission, they said that the being created in this country. You just has overstepped its authority time and new rules on the carbon capture stand- have to look at Washington. What are time again by imposing unwarranted, ards would have an insignificant effect we doing to them here? costly Federal regulations on States on human health and our environment, What we need to do, in my opinion, is and on individuals. Last year, the EPA yet it is going to cripple every Amer- invite the EPA to visit our districts. I issued 1,624 rules and notices. In this ican in this country and cost him a lot have actually had some folks in my year alone, the EPA has issued 148 new more in money. district say that they would be glad to rules and notices. Our role in government is to legislate have them come in to show the EPA. In To sum this up, since the beginning in order to make America safer and one company, they had all of these dif- of the 113th Congress alone, the EPA economically stronger, not to govern ferent manuals and books and every- has issued 1,759 new rules and notices. by an administrative agency which has thing on the table that they showed In a little over 12 months, the EPA has little oversight and that winds up sti- me, and they said one thing—that they issued, on average, just under 147 new fling business development and our would love to have them come in be- rules and notices per month. That is economic growth. It is high time Con- cause it doesn’t even apply to their just under 34 a week, just under 11 new gress reminds the EPA of what its plants. That is what is going on. They regulations a day. This is an incredible original purpose was, and that is to are trying to take a round peg and rate. Every industry is affected, and protect human health and the environ- drive it through a square hole. We have they are finding it harder and harder to ment by writing and enforcing regula- got to do that in order to help our keep up. tions based on the laws that we pass, hardworking American taxpayers meet Take, for example, the highly de- not regulations that stifle America. these goals and to create more jobs, to bated cap-and-trade emissions stand- I would like to thank the gentlelady help their families, and to help the fu- ards the EPA and the current adminis- from Missouri for the opportunity and ture. tration are pushing. This is going to af- for organizing this. You did a great job With that, I thank the gentlelady fect every American. and a great service to the American again for hosting this tonight. The EPA Web site says: people. Mrs. HARTZLER. Thank you so Cap-and-trade is an environmental policy Mrs. HARTZLER. Your comments much, gentleman. Thank you for your tool that delivers results with a mandatory were very, very helpful to what we are leadership on that. That is a great bill, cap on emissions while providing sources doing tonight, which is making people

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00060 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.102 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1655 aware of how these EPA regulations farmers $3.3 billion. I don’t know about threat that I had to my family business hurt real people. I think your example you, but I think this $3.3 billion could was the Federal Government from its of the 2-year fight and the $200,000 fine do our economy a heck of a lot better overregulation. I woke up one day and just for a low area in your yard that service than chasing this problem that realized that I was literally spending 40 fills with water is just too much. really doesn’t exist. cents on every dollar that came into Mr. YOHO. It wound up costing him Why do I say this problem doesn’t our company to simply comply with over $400,000 by the time he was done, exist? different mandates and regulations and he just threw up his hands. This is A decade ago, the USDA did an anal- that came down from this area. happening all over America. So I thank ysis of the spill prevention and con- I never dreamed I would ever stand you again. tainment countermeasures, and they up here one day as a Congressman. It Mrs. HARTZLER. Thank you. That is discovered there was little, if any, evi- was never a thought. I never even why we are here fighting tonight. dence of farms having any oil spills. In owned a suit until after I won the elec- I would like to turn it over now to fact, 99 percent of farmers had never tion. My family is strongly rooted in my friend from Arkansas, which is just experienced an oil spill, and that entrepreneurs—from farming to plumb- a little south of me, to Representative means that the compliance cost of $3.3 ing, all the way to banking—and we RICK CRAWFORD. billion is essentially a solution in understand regulation well, but the Mr. CRAWFORD. I thank the gentle- search of a problem. It really doesn’t biggest threat we have to this economy lady and her staff for arranging this exist. is overreaching regulation. Special Order to discuss this issue that What we did was we took that 10,000- b 1945 we have been talking about—the egre- gallon threshold directly from the un- Let me share just a real quick story. gious overreach of the Environmental derlying law—the Clean Water Act— My uncle, Darryle Mullin, is from Protection Agency. that regulates on-farm fuel storage, Clearfork, Oklahoma, a big metropoli- I want to talk about an issue that is and they defined, in their own words, tan area I am sure everybody around very close to you and near and dear to 10,000 gallons as being a proper defini- here has heard of. It is the same place you and that you have helped me on, tion of a family farm, of small farm he was born and raised, the same place and that is the spill prevention and fuel storage. The commodities at this my dad and his brothers and sisters containment countermeasures issue, scale are certainly storing more than were born and raised. He has been rais- which is facing farmers across the 10,000 gallons on their farms. Being a ing chickens there since 1971. For 42 country. farmer yourself, you know that you years, he has raised chickens. He raised Mr. Speaker, we have taken action store in greater quantity than 10,000 a family by raising chickens and farm- on this. If you are like me and if your gallons, particularly if you are engaged ing. staff is like my staff, we have fielded in a larger scale operation. So, number The EPA came in and started fining countless phone calls from farmers who one, the evidence just isn’t there to people on little, silly stuff, including are concerned about these new rules support the 1,320-gallon threshold. feathers. Fining poultry growers, that the EPA was attempting to roll Number two, we had over 30 com- chicken farmers, on feathers. out with respect to on-farm fuel stor- modity organizations and agricultural Now you are going to tell me that in age at, really, an unmanageable level. organizations that were in support of a place where my Uncle Darryle grew 1,320 gallons was the threshold that the bill. We passed it twice on the up his entire life, he doesn’t have pride would require that the farmers con- floor. The Senate will not move. The on the land that he lives on? You are struct these spill prevention and con- EPA continues to move forward, and telling me people that never stepped tainment countermeasures. For those we continue to be concerned about the foot in Oklahoma, and probably never who don’t know what those are, those EPA’s drive to overregulate on-farm on a farm, but they are up here in D.C., are berms, or protective dikes, around fuel storage. know how to manage our land better a storage facility that can cost tens of Again, I want to thank the gentle- than we know how to manage our land? thousands of dollars to ag producers. lady for her leadership on this and for I find it a joke. It is embarrassing, Farmers may be land rich—capital bringing this to the attention of the and they should be embarrassed. Be- rich—but they are not cash rich by any American people, because everything cause they are going to kill the entre- stretch of the imagination, so this adds that we have heard tonight and every- preneur spirit. They are going to run cost to their operations. thing that has been talked about has a small farmers out of business. Really, who pays for that? direct impact on their bottom lines and 2013 was the last batch of chickens We have talked about it with our on the quality of life for their farmers. my Uncle Darryle got. It wasn’t be- power plants. The ratepayers pay. The I would also like to echo what my cause of his health. It wasn’t because American people pay for that because colleagues have said. We certainly he didn’t want to still manage it. He prices go up. Generally, while the farm- don’t want to see poor air quality or just got to the point where it wasn’t er bears the burden initially, ulti- poor water quality. I have kids at profitable for him to be able to do it mately, those costs are passed on to home. I love my kids. You love your anymore. Rather than doing what he the consumer, which is the case in kids. I know you have small ones at loves, he was spending his time trying nearly every one of these issues where home, too. We are just as committed to to comply with mandates that the EPA we see the EPA engaging in overreach. a clean environment as anybody is, but is putting down on small farmers all So we took to the floor to try to we are also committed to the quality of over the country. change this, and we were successful, life, to the costs incurred in that qual- What we are seeing is these small not once but twice, in passing by voice ity of life and to a more responsible ap- farmers have raised families, and they vote the FUELS Act. That would have proach. were raised on the same farm. Genera- changed the threshold from 1,320 gal- Mrs. HARTZLER. Thank you for tions of farmers are starting to have to lons to 10,000 gallons. Between 10,000 your leadership on this. That issue is sell out. Large corporations that have and 42,000, you would be required to just so important to farmers all across more people to balance the pay, to bal- build the structure, but above 42,000, this country and to rural communities, ance the cost around, are having to you would then be required to engage which could certainly use that $3.3 bil- come in and take the spot of these the services of a professional engineer lion. small farmers that started the same for certification in order to meet that Now I would like to turn to my friend way my uncle did. standard for EPA’s compliance. from Oklahoma, MARKWAYNE MULLIN, Now you tell me, what good are they Now, the University of Arkansas did to share his thoughts on the EPA. doing? Are they helping America? No. a study on the FUELS Act which ad- Mr. MULLIN. I would like to thank They are killing the entrepreneur spir- dressed the spill prevention and con- the gentlelady from Missouri. it of America. They are costing us jobs. tainment countermeasures, and they Mr. Speaker, this is something that They are taking away our life. They estimated nationwide that this bill, is very near and dear to my heart. The are ruining families. which was passed successfully on the only reason I stand in front of you is This country was built on the backs House floor, would save American that I realized one day that the biggest of farmers. The work ethic that we

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00061 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.104 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1656 CONGRESSIONAL RECORD — HOUSE February 5, 2014 have as Americans came from the move on our bills to rein in the EPA, USDA, Department of Agriculture, transmit- farming community. We get up every to bring common sense back to Wash- ting the Department’s ‘‘Major’’ final rule — day, we pull our boots on, we go to ington, and to return this government Certification of Compliance With Meal Re- work, and we take pride because we ac- of the people, by the people, to start quirements for the National School Lunch Program Under the Healthy, Hunger-Free complish something that no one else working for the people once again. Kids Act of 2010 [FNS-2011-0025] (RIN: 0584- can accomplish—and we did it that With that, I yield back the balance of AE15) received January 27, 2014, pursuant to day. my time. 5 U.S.C. 801(a)(1)(A); to the Committee on We overcome challenges every day. f Education and the Workforce. More and more challenges we over- 4674. A letter from the Deputy General come. It is something we take pride in. LEAVE OF ABSENCE Counsel, Pension Benefit Guaranty Corpora- tion, transmitting the Corporation’s You can’t tell us we can’t do a job. We By unanimous consent, leave of ab- are the only one that can tell us we ‘‘Major’’ final rule — Payment of Premiums; sence was granted to: Large-Plan Flat-Rate Premium (RIN: 1212- can’t. Mr. RUSH (at the request of Ms. AB26) received January 17, 2014, pursuant to But one challenge we haven’t been PELOSI) for February 3–6 on account of 5 U.S.C. 801(a)(1)(A); to the Committee on able to get over—and that is right here attending to family acute medical care Education and the Workforce. in Washington, D.C.—is bureaucrats and hospitalization. 4675. A letter from the Director, Regula- that get up every day and try to tell us tions Policy and Management Staff, Depart- how to live our lives. Yet we survived f ment of Health and Human Services, trans- all these years without them. BILLS PRESENTED TO THE mitting the Department’s final rule — Med- As I stand in front of the gentlelady ical Devices; Pediatric Uses of Devices; Re- PRESIDENT quirement for Submission of Information on from Missouri today, the EPA is the Karen L. Haas, Clerk of the House, Pediatric Subpopulations That Suffer From biggest threat we have to this country reported that on February 4, 2014, she a Disease or Condition That a Device Is In- right now. They are the biggest threat presented to the President of the tended to Treat, Diagnose, or Cure [Docket we have to our way of life right now. United States, for his approval, the fol- No.: FDA-2009-N-0458] (RIN: 0910-AG29) Janu- ary 22, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); They are doing nothing but costing us lowing bills: jobs by trying to say they are saving us to the Committee on Energy and Commerce. H.R. 2860. To amend title 5, United States from ourselves. It is embarrassing, but 4676. A letter from the Chief of Staff, Media Code, to provide that the Inspector General Bureau, Federal Communications Commis- I am sure glad I am up here standing in of the Office of Personnel Management may sion, transmitting the Commission’s final front of you today to fight for our way use amounts in the revolving fund of the Of- rule — Amendment of Section 73.202(b), of life. fice to fund audits, investigations, and over- Table of Allotments, FM Broadcast Stations. I would like to thank the gentlelady sight activities, and for other purposes. (Ehrenberg, First Mesa, Kachina Village, from Missouri for giving me this time H.R. 2642. To provide for the reform and Munds Park, Wickenburg, and Williams, Ari- and the opportunity to stand in front continuation of agricultural and other pro- zona); Application of Univision Radio Li- of you. Thank you for exposing the grams of the Department of Agriculture cense Corporation KHOV-FM, Wickenburg, EPA for what they are instead of what through fiscal year 2018, and for other pur- Arizona [MD Docket No.: 11-207; RM-11517; poses. they hide behind. RM-11518; RM-11669] (File No.: BPH- f 20080915AFP; Facility ID No.: 29021) received Mrs. HARTZLER. I am glad you are January 27, 2014, pursuant to 5 U.S.C. here tonight. I am glad you are here ADJOURNMENT 801(a)(1)(A); to the Committee on Energy and representing the common person in Commerce. this country who is fighting these reg- Mrs. HARTZLER. Mr. Speaker, I 4677. A letter from the Acting General ulations every day, who has had real- move that the House do now adjourn. Counsel, Federal Energy Regulatory Com- world experience dealing with the EPA, The motion was agreed to; accord- mission, transmitting the Commission’s like many of us have. ingly (at 7 o’clock and 50 minutes final rule — Protection System Maintenance You are exactly right. It is stifling p.m.), under its previous order, the Reliability Standard [Docket No.: RM13-7- 000; Order No. 793] received January 22, 2014, jobs and hurting people, whether it is House adjourned until tomorrow, Thursday, February 6, 2014, at 9 a.m. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the families back in Missouri who are mittee on Energy and Commerce. dealing with the big 10-inch snow that f 4678. A letter from the Director, Office of we got yesterday, and they are wanting Personnel Management, transmitting the Of- EXECUTIVE COMMUNICATIONS, fice’s final rule — Collection by Offset From to heat their home with a wood-burn- ETC. ing stove or turn up the thermostat Indebted Government Employees (RIN: 3206- and worry about their electricity bills Under clause 2 of rule XIV, executive AM14) received January 16, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on at the end of the month, or whether it communications were taken from the Speaker’s table and referred as follows: Oversight and Government Reform. is the farmer out there who is trying to 4679. A letter from the Director, Office of raise chickens and provide poultry and 4670. A letter from the Chief, Planning & Personnel Management, transmitting the Of- meat for this country, and then they Regulatory Affairs Office, Department of Ag- fice’s final rule — Federal Employees’ Group have the government trying to regu- riculture, transmitting the Department’s Life Insurance Program: Election Opportuni- late their feathers. final rule — Automated Data Processing and ties for Pathways Participants (RIN: 3206- Information Retrieval System Require- AM98) received January 16, 2014, pursuant to Last year, the EPA tried to regulate ments: System Testing (RIN: 0584-AD99) re- farm dust. Now they are trying to ex- 5 U.S.C. 801(a)(1)(A); to the Committee on ceived January 27, 2014, pursuant to 5 U.S.C. Oversight and Government Reform. pand the definition of navigable waters 801(a)(1)(A); to the Committee on Agri- 4680. A letter from the Director, Office of to regulating farm ponds and ditches culture. Personnel Management, transmitting the Of- and little depressions in the fields, and 4671. A letter from the Director, Defense fice’s final rule — Federal Employees’ Group asking for permission from Americans Procurement and Acquisition Policy, De- Life Insurance Program: Election Opportuni- to be able to farm their land. partment of Defense, transmitting the De- ties for Pathways Participants (RIN: 3206- There are other regulations we partment’s final rule — Defense Federal Ac- AM98) received January 22, 2014, pursuant to quisition Regulation Supplement: Proposal haven’t even talked about tonight deal- 5 U.S.C. 801(a)(1)(A); to the Committee on Adequacy Checklist Revision (DFARS Case Oversight and Government Reform. ing with permitting and being able to 2013-D033) (RIN: 0750-AI15) received January 4681. A letter from the Director, Office of spray crop protection products on their 27, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to Personnel Management, transmitting the Of- cops. Farmers get this every day. So do the Committee on Armed Services. fice’s final rule — Collection by Offset From manufacturers. So do businesses, and 4672. A letter from the Director, Office of Indebted Government Employees (RIN: 3206- so does anyone who has to pay an elec- Legislative Affairs, Federal Deposit Insur- AM14) received January 22, 2014, pursuant to tric bill every month, with the Presi- ance Corporation, transmitting the Corpora- 5 U.S.C. 801(a)(1)(A); to the Committee on dent’s war on coal. tion’s final rule — Community Reinvestment Oversight and Government Reform. So that is why here in the House we Act Regulations (RIN: 3064-AD90) received 4682. A letter from the Director, Office of January 27, 2014, pursuant to 5 U.S.C. Personnel Management, transmitting the Of- are standing strong against the EPA. 801(a)(1)(A); to the Committee on Financial fice’s final rule — Federal Employees Health We are exposing what they are doing Services. Benefits Program and Federal Employees and how it is hurting Americans and 4673. A letter from the Chief, Planning and Dental and Vision Insurance Program: Eligi- why it is important for the Senate to Regulatory Affairs Office (PRAO), FNS/ bility for Pathways Programs Participants

VerDate Mar 15 2010 04:01 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00062 Fmt 4636 Sfmt 0634 E:\CR\FM\K05FE7.105 H05FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 5, 2014 CONGRESSIONAL RECORD — HOUSE H1657 (RIN: 3206-AM97) received January 22, 2014, received January 23, 2014, pursuant to 5 for printing and reference to the proper pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on calendar, as follows: mittee on Oversight and Government Re- Transportation and Infrastructure. Mr. UPTON: Committee on Energy and form. 4691. A letter from the Paralegal Spe- 4683. A letter from the Director, Office of cialist, Department of Transportation, trans- Commerce. H.R. 3683. A bill to amend the En- Personnel Management, transmitting the Of- mitting the Department’s final rule — Estab- ergy Independence and Security Act of 2007 fice’s final rule — Federal Employees Health lishment of Class E Airspace; Chatom, AL to improve United States-Israel energy co- Benefits Program and Federal Employees [Docket No.: FAA-2012-1186; Airspace Docket operation, and for other purposes (Rept. 113– Dental and Vision Insurance Program: Eligi- No.: 12-ASO-32] received January 23, 2014, 341, Pt. 1). Ordered to be printed. bility for Pathways Programs Participants pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. HENSARLING: Committee on Finan- (RIN: 3206-AM97) received January 16, 2014, mittee on Transportation and Infrastruc- cial Services. H.R. 3448. A bill to amend the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ture. Securities Exchange Act of 1934 to provide mittee on Oversight and Government Re- 4692. A letter from the Paralegal Spe- for an optional pilot program allowing cer- form. cialist, Department of Transportation, trans- tain emerging growth companies to increase 4684. A letter from the Director, Office of mitting the Department’s final rule — Estab- the tick sizes of their stocks; with an amend- Sustainable Fisheries, NMFS, National Oce- lishment of Class E Airspace; Donlin Creek, ment (Rept. 113–342). Referred to the Com- anic and Atmospheric Administration, trans- AK [Docket No.: FAA-2013-0786; Airspace mittee of the Whole House on the state of mitting the Administration’s final rule — Docket No. 12-AAL-13] received January 23, the Union. 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the Endangered and Threatened Species; Des- f ignation of Nonessential Experimental Popu- Committee on Transportation and Infra- structure. lation of Central Valley Spring-Run Chinook PUBLIC BILLS AND RESOLUTIONS Salmon Below Friant Dam in the San Joa- 4693. A letter from the Paralegal Spe- quin River, CA [Docket No.: 121210693-3985-01] cialist, Department of Transportation, trans- Under clause 2 of rule XII, public (RIN: 0648-BC68) received January 27, 2014, mitting the Department’s final rule — Estab- bills and resolutions of the following pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- lishment of Class E Airspace; Loup City, NE titles were introduced and severally re- [Docket No.: FAA-2013-0607; Airspace Docket mittee on Natural Resources. ferred, as follows: 4685. A letter from the Acting Deputy Di- No. 13-ACE-13] received January 23, 2014, pur- By Mr. SARBANES (for himself, Ms. rector, Office of Sustainable Fisheries, suant to 5 U.S.C. 801(a)(1)(A); to the Com- PELOSI, Mr. BARBER, Mrs. BEATTY, NMFS, National Oceanic and Atmospheric mittee on Transportation and Infrastruc- Mr. BERA of California, Mr. BISHOP of Administration, transmitting the Adminis- ture. New York, Mr. BLUMENAUER, Ms. tration’s final rule — Fisheries of the Exclu- 4694. A letter from the Paralegal Spe- BONAMICI, Mr. BRADY of Pennsyl- sive Economic Zone Off Alaska; Inseason Ad- cialist, Department of Transportation, trans- mitting the Department’s final rule — Air- vania, Mr. BRALEY of Iowa, Mr. CAR- justment to the 2014 Gulf of Alaska Pollock worthiness Directives; Eurocopter France NEY, Mr. CARTWRIGHT, Mr. CASTRO of and Pacific Cod Total Allowable Catch Helicopters [Docket No.: FAA-2013-0524; Di- Texas, Mr. CICILLINE, Ms. CLARKE of Amounts [Docket No.: 120918468-3111-02] (RIN: rectorate Identifier 2012-SW-084-AD; Amend- New York, Mr. CLAY, Mr. CLEAVER, 0648-XD058) received January 27, 2014, pursu- ment 39-17694; AD 2013-24-19] (RIN: 2120-AA64) Mr. CLYBURN, Mr. COHEN, Mr. CON- ant to 5 U.S.C. 801(a)(1)(A); to the Committee received January 23, 2014, pursuant to 5 YERS, Mr. COOPER, Mr. COURTNEY, Mr. on Natural Resources. 4686. A letter from the Paralegal Spe- U.S.C. 801(a)(1)(A); to the Committee on CROWLEY, Mr. CUMMINGS, Mrs. DAVIS cialist, Department of Transportation, trans- Transportation and Infrastructure. of California, Mr. DEFAZIO, Mr. 4695. A letter from the Paralegal Spe- mitting the Department’s final rule — Air- DELANEY, Ms. DELAURO, Ms. cialist, Department of Transportation, trans- worthiness Directives; The Boeing Company DELBENE, Mr. DEUTCH, Mr. DINGELL, mitting the Department’s final rule — Air- Airplanes [Docket No.: FAA-2013-0704; Direc- Mr. DOGGETT, Ms. EDWARDS, Mr. worthiness Directives; Schempp-Hirth torate Identifier 2013-NM-074-AD; Amend- ELLISON, Mr. ENGEL, Ms. ESHOO, Ms. Flugzeugbau GmbH Gliders [Docket No.: ment 39-17695; AD 2013-24-13] (RIN: 2120-AA64) ESTY, Mr. FARR, Ms. FRANKEL of FAA-2013-0661; Directorate Identifier 2013- received January 23, 2014, pursuant to 5 Florida, Ms. FUDGE, Ms. GABBARD, CE-009-AD; Amendment 39-17693; AD 2013-24- U.S.C. 801(a)(1)(A); to the Committee on Mr. GARCIA, Mr. GRAYSON, Mr. GENE 16] (RIN: 2120-AA64) received January 23, Transportation and Infrastructure. GREEN of Texas, Mr. AL GREEN of 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the 4687. A letter from the Paralegal Spe- Texas, Mr. GRIJALVA, Mr. GUTIE´ RREZ, Committee on Transportation and Infra- cialist, Department of Transportation, trans- Mr. HASTINGS of Florida, Mr. HIMES, structure. mitting the Department’s final rule — Air- Mr. HOLT, Mr. HONDA, Mr. HORSFORD, 4696. A letter from the Paralegal Spe- worthiness Directives; Piper Aircraft, Inc. Mr. HOYER, Mr. HUFFMAN, Mr. cialist, Department of Transportation, trans- Airplanes [Docket No.: FAA-2013-0724; Direc- ISRAEL, Ms. JACKSON LEE, Mr. mitting the Department’s final rule — Air- torate Identifier 99-CE-013-AD; Amendment JEFFRIES, Mr. JOHNSON of Georgia, worthiness Directives; Agusta Westland 39-17691; AD 99-26-19 R1] (RIN: 2120-AA64) re- Ms. EDDIE BERNICE JOHNSON of Texas, S.p.A. (Type Certificate previously held by ceived January 23, 2014, pursuant to 5 U.S.C. Mr. JONES, Ms. KAPTUR, Ms. KELLY of Agusta S.p.A) Helicopters [Docket No.: FAA- 801(a)(1)(A); to the Committee on Transpor- Illinois, Mr. KILMER, Mr. KIND, Mrs. 2013-0604; Directorate Identifier 2012-SW-110- tation and Infrastructure. KIRKPATRICK, Ms. KUSTER, Mr. LAN- AD; Amendment 39-17705; AD 2013-25-09] (RIN: 4688. A letter from the Paralegal Spe- GEVIN, Mr. LARSON of Connecticut, 2120-AA64) received January 23, 2014, pursu- cialist, Department of Transportation, trans- Ms. LEE of California, Mr. LEWIS, Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee mitting the Department’s final rule — Air- LOEBSACK, Ms. LOFGREN, Mr. on Transportation and Infrastructure. LOWENTHAL, Mr. BEN RAY LUJA´ N of worthiness Directives; Maule Aerospace 4697. A letter from the Paralegal Spe- New Mexico, Ms. MICHELLE LUJAN Technology, Inc. Airplanes [Docket No.: cialist, Department of Transportation, trans- GRISHAM of New Mexico, Mr. MAFFEI, FAA-2013-0725; Directorate Identifier 98-CE- mitting the Department’s final rule — Air- Mr. SEAN PATRICK MALONEY of New 01-AD; Amendment 39-17690; AD 98-15-18 R1] worthiness Directives; Airbus Airplanes York, Mrs. CAROLYN B. MALONEY of (RIN: 2120-AA64) received January 23, 2014, [Docket No.: FAA-2013-0416; Directorate New York, Ms. MATSUI, Ms. MCCOL- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Identifier 2012-NM-144-AD; Amendment 39- LUM, Mr. MCDERMOTT, Mr. MCGOV- mittee on Transportation and Infrastruc- 17707; AD 2013-25-11] (RIN: 2120-AA64) received ERN, Ms. MENG, Mr. MICHAUD, Mr. ture. January 23, 2014, pursuant to 5 U.S.C. 4689. A letter from the Paralegal Spe- GEORGE MILLER of California, Ms. 801(a)(1)(A); to the Committee on Transpor- cialist, Department of Transportation, trans- MOORE, Mr. MORAN, Mr. MURPHY of tation and Infrastructure. Florida, Mr. NADLER, Mr. NOLAN, Ms. mitting the Department’s final rule — Air- 4698. A letter from the Paralegal Spe- NORTON, Mr. O’ROURKE, Mr. PALLONE, worthiness Directives; General Electric Com- cialist, Department of Transportation, trans- Mr. PASCRELL, Mr. PAYNE, Mr. PERL- pany Turbofan Engines [Docket No.: FAA- mitting the Department’s final rule — MUTTER, Mr. PETERS of California, 2013-0879; Directorate Identifier 2013-NE-30- Standard Instrument Approach Procedures, Mr. PETERS of Michigan, Ms. PINGREE AD; Amendment 39-17694; AD 2013-24-17] (RIN: and Takeoff Minimums and Obstacle Depar- of Maine, Mr. POCAN, Mr. POLIS, Mr. 2120-AA64) received January 23, 2014, pursu- ture Procedures; Miscellaneous Amendments QUIGLEY, Mr. RANGEL, Mr. RUSH, Ms. ant to 5 U.S.C. 801(a)(1)(A); to the Committee [Docket No.: 30932; Amdt. No. 3567] received LINDA T. SA´ NCHEZ of California, Ms. on Transportation and Infrastructure. January 23, 2014, pursuant to 5 U.S.C. 4690. A letter from the Paralegal Spe- SCHAKOWSKY, Ms. SCHWARTZ, Mr. 801(a)(1)(A); to the Committee on Transpor- cialist, Department of Transportation, trans- SCOTT of Virginia, Mr. SERRANO, Ms. tation and Infrastructure. mitting the Department’s final rule — Air- SHEA-PORTER, Mr. SHERMAN, Mr. worthiness Directives; EADS CASA (Type f SIRES, Ms. SLAUGHTER, Mr. SMITH of Certificate Previously Held By REPORTS OF COMMITTEES ON Washington, Ms. SPEIER, Mr. Construcciones Aeronauticas, S.A.) Air- PUBLIC BILLS AND RESOLUTIONS SWALWELL of California, Mr. TAKANO, planes [Docket No.: FAA-2013-0688; Direc- Mr. TIERNEY, Mr. TONKO, Mr. VAN torate Identifier 2012-NM-221-AD; Amend- Under clause 2 of rule XIII, reports of HOLLEN, Mr. VARGAS, Ms. VELA´ ZQUEZ, ment 39-17683; AD 2013-24-09] (RIN: 2120-AA64) committees were delivered to the Clerk Mr. WALZ, Ms. WASSERMAN SCHULTZ,

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Mr. WAXMAN, Mr. WELCH, Mr. YAR- By Mrs. CAROLYN B. MALONEY of 172. The SPEAKER presented a memorial MUTH, Ms. BROWNLEY of California, New York: of the Senate of the Commonwealth of the and Ms. CASTOR of Florida): H.R. 3999. A bill to amend the Family and Northern Mariana Islands, relative to Senate H.R. 20. A bill to reform the financing of Medical Leave Act of 1993 and title 5, United Joint Resolution No. 18–04 requesting that Congressional elections by broadening par- States Code, to allow employees to take, as all Americans be given the same consider- ticipation by small dollar donors, and for additional leave, parental involvement leave ation when it comes to compensation for ex- other purposes; to the Committee on House to participate in or attend their children’s posure to radiation from U.S. nuclear test- Administration, and in addition to the Com- and grandchildren’s educational and extra- ing; to the Committee on the Judiciary. curricular activities, and to clarify that mittees on Energy and Commerce, and Ways f and Means, for a period to be subsequently leave may be taken for routine family med- determined by the Speaker, in each case for ical needs and to assist elderly relatives, and CONSTITUTIONAL AUTHORITY consideration of such provisions as fall with- for other purposes; to the Committee on STATEMENT in the jurisdiction of the committee con- Education and the Workforce, and in addi- tion to the Committees on Oversight and Pursuant to clause 7 of rule XII of cerned. the Rules of the House of Representa- By Mr. SIMPSON (for himself and Mr. Government Reform, and House Administra- tion, for a period to be subsequently deter- tives, the following statements are sub- SCHRADER): mined by the Speaker, in each case for con- mitted regarding the specific powers H.R. 3992. A bill to provide for wildfire sup- sideration of such provisions as fall within pression operations, and for other purposes; granted to Congress in the Constitu- the jurisdiction of the committee concerned. tion to enact the accompanying bill or to the Committee on the Budget, and in ad- By Mr. MESSER: dition to the Committees on Agriculture, H.R. 4000. A bill to allow States to let Fed- joint resolution. and Natural Resources, for a period to be eral funds for the education of disadvantaged By Mr. SARBANES: subsequently determined by the Speaker, in children follow low-income children to the H.R. 20. each case for consideration of such provi- accredited or otherwise State-approved pub- Congress has the power to enact this legis- sions as fall within the jurisdiction of the lic school, private school, or supplemental lation pursuant to the following: committee concerned. educational services program they attend; to Article I, Section 8 of the U.S. Constitu- By Mr. BENTIVOLIO (for himself and the Committee on Education and the Work- tion under the General Welfare Clause. Mr. BENISHEK): force, and in addition to the Committees on By Mr. SIMPSON: H.R. 3993. A bill to provide for a 15% reduc- Financial Services, Agriculture, Energy and H.R. 3992. tion in the rates of pay of Members of Con- Commerce, and Science, Space, and Tech- Congress has the power to enact this legis- gress for pay periods occurring during a year nology, for a period to be subsequently deter- lation pursuant to the following: ‘‘The constitutional authority of Congress if a Federal budget deficit existed during the mined by the Speaker, in each case for con- to enact this legislation is provided by Arti- most recent fiscal year; to the Committee on sideration of such provisions as fall within cle I, section 8 of the United States Constitu- House Administration, and in addition to the the jurisdiction of the committee concerned. tion, specifically clause 1 (relating to the Committee on Oversight and Government By Mrs. MILLER of Michigan: power of Congress to provide for the general Reform, for a period to be subsequently de- H.R. 4001. A bill to authorize the Secretary welfare of the United States) and clause 18 termined by the Speaker, in each case for of the Army to carry out certain activities (relating to the power to make all laws nec- consideration of such provisions as fall with- to prevent the interbasin transfer of aquatic essary and proper for carrying out the pow- in the jurisdiction of the committee con- invasive species between the Great Lakes ers vested in Congress), and Article IV, sec- cerned. and Mississippi River, and for other pur- tion 3, clause 2 (relating to the power of Con- By Mr. BISHOP of Utah (for himself poses; to the Committee on Transportation gress to dispose of and make all needful rules and Mr. HORSFORD): and Infrastructure. By Mr. MULLIN (for himself, Mr. COLE, and regulations respecting the territory or H.R. 3994. A bill to improve the control and other property belonging to the United management of invasive species that threat- and Mr. YOUNG of Alaska): H.R. 4002. A bill to revoke the charter of States).’’ en and harm Federal lands under the juris- By Mr. BENTIVOLIO: diction of the Secretary of Agriculture and incorporation of the Miami Tribe of Okla- homa at the request of that tribe, and for H.R. 3993. the Secretary of the Interior, and for other Congress has the power to enact this legis- purposes; to the Committee on Natural Re- other purposes; to the Committee on Natural Resources. lation pursuant to the following: sources, and in addition to the Committee on Section. 6. By Ms. NORTON (for herself, Mr. WOLF, Agriculture, for a period to be subsequently The Senators and Representatives shall re- determined by the Speaker, in each case for Mr. MORAN, and Ms. EDWARDS): H.R. 4003. A bill to designate the Civil War ceive a Compensation for their Services, to consideration of such provisions as fall with- Defenses of Washington National Historical be ascertained by Law, and paid out of the in the jurisdiction of the committee con- Park comprised of certain National Park Treasury of the United States. They shall in cerned. System lands, and by affiliation and cooper- all Cases, except Treason, Felony and Breach By Mr. BRALEY of Iowa: ative agreements other historically signifi- of the Peace, be privileged from Arrest dur- H.R. 3995. A bill to amend the Internal Rev- cant resources, located in the District of Co- ing their Attendance at the Session of their enue Code of 1986 to extend the deduction for lumbia, Virginia, and Maryland, that were respective Houses, and in going to and re- mortgage insurance premiums; to the Com- part of the Civil War defenses of Washington turning from the same; and for any Speech mittee on Ways and Means. and related to the Shenandoah Valley Cam- or Debate in either House, they shall not be By Mr. GRIFFIN of Arkansas (for him- paign of 1864, to study ways in which the questioned in any other Place. 27th Amendment self, Mr. CRENSHAW, Mrs. MILLER of Civil War history of both the North and No law, varying the compensation for the Michigan, Mr. HUIZENGA of Michigan, South can be assembled, arrayed, and con- services of the Senators and Representatives, Mr. LUETKEMEYER, Mr. LONG, Mr. veyed for the benefit of the public, and for shall take effect, until an election of Rep- WHITFIELD, Mr. HUELSKAMP, Mr. other purposes; to the Committee on Natural resentatives shall have intervened. YODER, Mr. GARAMENDI, and Mr. Resources. By Mr. BISHOP of Utah: YOHO): By Mr. WAXMAN (for himself, Ms. H.R. 3996. A bill to prohibit the closure or H.R. 3994. BROWNLEY of California, and Mr. Congress has the power to enact this legis- reduced operation of military commissary SCHIFF): stores and exchange stores before January 1, lation pursuant to the following: H.R. 4004. A bill to authorize the Secretary The constitutional authority of Congress 2017; to the Committee on Armed Services. of Veterans Affairs to enter into enhanced- to enact this legislation is provided by Arti- By Mr. HIGGINS (for himself, Mr. use leases for certain buildings of the De- cle IV, section 3, clause 2 (relating to the SERRANO, and Mr. DUNCAN of Ten- partment of Veterans Affairs at the West Los power of Congress to dispose of and make all nessee): Angeles Medical Center, California; to the needful rules and regulations respecting the H.R. 3997. A bill to amend title VII of the Committee on Veterans’ Affairs. territory or other property belonging to the Social Security Act to require the President By Ms. WATERS (for herself, Mr. United States). to transmit the annual budget of the Social ENGEL, Mr. SMITH of New Jersey, Mr. By Mr. BRALEY of Iowa: Security Administration without revisions SIRES, Mr. MEEKS, Ms. BASS, Ms. LEE H.R. 3995. to Congress, and for other purposes; to the of California, Ms. CLARKE of New Congress has the power to enact this legis- Committee on Ways and Means. York, Ms. WILSON of Florida, Mr. lation pursuant to the following: By Ms. MICHELLE LUJAN GRISHAM CONYERS, and Mr. RANGEL): This bill is enacted pursuant to the power of New Mexico: H. Res. 474. A resolution honoring the 210th granted to Congress under Article I, Section H.R. 3998. A bill to authorize the Adminis- anniversary of Haiti’s independence; to the 8, Clause 18 of the United States Constitu- trator of General Services to convey a parcel Committee on Foreign Affairs. tion. of real property in Albuquerque, New Mex- f By Mr. GRIFFIN of Arkansas: ico, to the Amy Biehl High School Founda- H.R. 3996. tion; to the Committee on Transportation MEMORIALS Congress has the power to enact this legis- and Infrastructure. Under clause 3 of rule XII, lation pursuant to the following:

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The constitutional authority on which this H.R. 233: Ms. NORTON. H.R. 3154: Mr. MEADOWS. bill rests is the power of Congress ‘‘to pro- H.R. 426: Mr. ELLISON. H.R. 3179: Ms. FRANKEL of Florida. vide for the common Defence’’, ‘‘to raise and H.R. 447: Mrs. LUMMIS. H.R. 3303: Mr. TIBERI. support Armies’’, ‘‘to provide and maintain a H.R. 455: Mr. VEASEY. H.R. 3322: Ms. ROYBAL-ALLARD. Navy’’ and ‘‘to make Rules for the Govern- H.R. 494: Mr. BRADY of Pennsylvania. H.R. 3335: Mr. CHABOT and Mr. BROUN of ment and Regulation of the land and naval H.R. 508: Mr. BISHOP of Utah. Georgia. Forces’’ as enumerated in Article I, section 8 H.R. 522: Mr. DUNCAN of South Carolina. H.R. 3361: Mr. SWALWELL of California. of the United States Constitution. H.R. 523: Ms. CLARK of Massachusetts. H.R. 3370: Mr. FARR, Mr. ISRAEL, Ms. CLARK By Mr. HIGGINS: H.R. 562: Mr. KIND. of Massachusetts, Mr. BARBER, Mrs. BUSTOS, H.R. 3997. H.R. 637: Mr. LAMALFA, Mr. WEBER of and Mr. MEEHAN. Congress has the power to enact this legis- Texas, Mr. ROE of Tennessee, Mr. KINGSTON, H.R. 3372: Ms. NORTON. lation pursuant to the following: Mr. POSEY, Mr. BARTON, Mr. FLORES, and Mr. H.R. 3426: Ms. SCHWARTZ. H.R. 3461: Ms. KAPTUR, Ms. FUDGE, and Article I, Section 8, Clause 3 HARRIS. Mrs. BUSTOS. By Ms. MICHELLE LUJA´ N GRISHAM H.R. 647: Mr. POMPEO and Mr. MARINO. H.R. 3465: Ms. CLARKE of New York, Mr. of New Mexico: H.R. 721: Mr. RAHALL. VAN HOLLEN, and Mr. DOYLE. H.R. 3998. H.R. 897: Mr. AL GREEN of Texas. H.R. 3481: Mr. POSEY, Mr. FRANKS of Ari- Congress has the power to enact this legis- H.R. 1010: Ms. SINEMA. zona, Mr. ROE of Tennessee, Mr. LAMALFA, lation pursuant to the following: H.R. 1020: Mr. COLLINS of New York and Mr. and Mr. PITTENGER. Article 1, Section 8, Clause 18 of the U.S. ROKITA. H.R. 1024: Mr. GENE GREEN of Texas. H.R. 3505: Mr. WITTMAN. Constitution. H.R. 3530: Mr. WITTMAN, Mr. LAMALFA, Mr. By Mrs. CAROLYN B. MALONEY of H.R. 1070: Mr. HECK of Nevada. H.R. 1091: Mr. BYRNE. FRANKS of Arizona, Mr. WEBER of Texas, Mr. New York: ROE of Tennessee, Mr. PITTENGER, Mr. FLEM- H.R. 3999. H.R. 1094: Mr. WELCH. H.R. 1154: Mr. MAFFEI. ING, Mr. POSEY, Mr. BURGESS, Mr. KING of Congress has the power to enact this legis- Iowa, Mr. BRADY of Texas, Mr. FLORES, Mr. lation pursuant to the following: H.R. 1249: Mr. YODER. H.R. 1250: Mrs. LUMMIS. AUSTIN SCOTT of Georgia, Mr. FINCHER, Mr. Article I, Section 8, Clause 3 RIBBLE, Mr. ROKITA, Mr. DUNCAN of South The Congress shall have Power * * * To H.R. 1321: Mr. RAHALL. H.R. 1343: Ms. SLAUGHTER. Carolina, Mr. DAINES, Mrs. LUMMIS, Mr. HAR- regulate Commerce with foreign Nations, RIS, Mr. SALMON, Mrs. BLACKBURN, Mr. WIL- and among the several States, and with the H.R. 1386: Mr. STEWART, Mr. STIVERS, and Mr. WEBER of Texas. SON of South Carolina, and Mr. HULTGREN. Indian Tribes. H.R. 3541: Mr. BUCSHON. By Mr. MESSER: H.R. 1461: Mrs. BLACK. H.R. 1518: Mr. WILLIAMS and Mr. MURPHY of H.R. 3571: Mr. LANGEVIN, Ms. SLAUGHTER, H.R. 4000. Mr. TIERNEY, Mr. SEAN PATRICK MALONEY of Congress has the power to enact this legis- Pennsylvania. H.R. 1551: Ms. SEWELL of Alabama, Mr. New York, Mr. MARINO, and Ms. CLARK of lation pursuant to the following: DESJARLAIS, Mr. RODNEY DAVIS of Illinois, Massachusetts. Article I, Section 8, Clause 1, which states ANGEL ONYERS Mr. NUGENT, Mr. GRAVES of Georgia, Mr. H.R. 3616: Mr. R , Mr. C , Mr. in part that ‘‘Congress shall have power to A´ RDENAS ARGAS OOK DUNCAN of Tennessee, Mr. HALL, Mrs. BLACK- C , Mr. V , and Mr. C . provide for the . . . general welfare of the H.R. 3634: Mrs. NAPOLITANO, Mrs. LOWEY, BURN, Mr. FLEISCHMANN, Mr. FINCHER, Mr. United States’’ and Article I, Section 8, and Mr. LOWENTHAL. TAKANO, Mr. MCINTYRE, and Ms. WILSON of Clause 18, which empowers Congress ‘‘To H.R. 3635: Mr. ROSS, Mrs. HARTZLER, Mr. Florida. make all Laws which shall be necessary and RIBBLE, Mr. TIPTON, Mr. SCHOCK, Mr. CAL- H.R. 1652: Ms. CLARK of Massachusetts. proper for carrying into Execution the fore- VERT, and Mr. FORTENBERRY. H.R. 1755: Ms. CLARK of Massachusetts. going Powers, and all other Powers vested by H.R. 3654: Mr. LANGEVIN. H.R. 1767: Mr. COURTNEY and Mr. COHEN. this Constitution in the Government of the H.R. 3663: Mr. BURGESS and Mr. COLLINS of H.R. 1814: Mr. SAM JOHNSON of Texas. United States, or in any Department or Offi- New York. H.R. 1852: Mr. LOWENTHAL. cer thereof.’’ H.R. 3673: Mrs. BLACKBURN. H.R. 1907: Mr. HORSFORD. By Mrs. MILLER of Michigan: H.R. 3698: Ms. KELLY of Illinois, Mr. SHU- H.R. 1918: Mr. WITTMAN, Mr. GARAMENDI, H.R. 4001. STER, Mr. PALAZZO, Mr. LOEBSACK, Mr. TIER- Ms. HANABUSA, Mr. HASTINGS of Washington, Congress has the power to enact this legis- NEY, and Mr. PETERSON. and Mr. RICHMOND. lation pursuant to the following: H.R. 3708: Mr. GRAVES of Georgia, Mr. H.R. 2134: Mr. PETERSON. Article I, Section 8 of the U.S. Constitu- SCHOCK, Mr. TIPTON, Mr. ROE of Tennessee, H.R. 2203: Mr. HOLDING, Mr. SHIMKUS, Mr. tion, specifically Clause 1 and Clause 3. and Mr. WILLIAMS. LUETKEMEYER, Mr. MILLER of Florida, Mr. By Mr. MULLIN: H.R. 3717: Ms. JACKSON LEE. COFFMAN, Mr. GOHMERT, Mr. THOMPSON of H.R. 4002. H.R. 3725: Mr. YODER, Mr. CRAMER, and Mr. Pennsylvania, Mr. FRANKS of Arizona, Mr. Congress has the power to enact this legis- FLEMING. BILIRAKIS, Mr. BUCHANAN, Mr. MCHENRY, Mr. lation pursuant to the following: H.R. 3728: Mr. NUNNELEE, Mr. FINCHER, and HUDSON, Mrs. WAGNER, Mr. SCALISE, Mr. This bill is enacted pursuant to the power Mr. TERRY. GRAVES of Missouri, Mr. WELCH, Mr. TIPTON, granted to Congress under Article I, Section H.R. 3771: Mr. ROYCE, Mr. PETERS of Cali- Mr. WESTMORELAND, Mr. POMPEO, Mr. SMITH 8, Clause 3: The Congress shall have Power to fornia, Mr. GRIMM, Mr. YOUNG of Alaska, Mr. of Texas, Mr. WILSON of South Carolina, Mr. regulate Commerce with foreign Nations, VALADAO, Mr. GARY G. MILLER of California, UPTON, and Mr. RICE of South Carolina. and among the several States, and with the Ms. MENG, Ms. MATSUI, and Mr. CALVERT. H.R. 2283: Mr. CAPUANO, Mr. COHEN, Mr. Indian Tribes. H.R. 3776: Mr. BURGESS and Mr. POMPEO. PITTENGER, Mr. HARPER, and Ms. LEE of Cali- By Ms. NORTON: H.R. 3824: Mr. GALLEGO. fornia. H.R. 3857: Mr. ROONEY. H.R. 4003. H.R. 2413: Ms. EDDIE BERNICE JOHNSON of H.R. 3860: Mr. OWENS. Congress has the power to enact this legis- Texas, Mr. GRAYSON, Mr. LIPINSKI, Mr. MAF- H.R. 3865: Mr. CULBERSON, Mrs. BACHMANN, lation pursuant to the following: FEI, and Ms. LOFGREN. Mrs. LUMMIS, and Mr. SMITH of Missouri. clause 18 of section 8 of article I of the H.R. 2468: Mr. RODNEY DAVIS of Illinois, Mr. H.R. 3867: Mr. ENGEL, Ms. BROWNLEY of Constitution. PASCRELL, Mr. BLUMENAUER, Mr. FRELING- California, Ms. KELLY of Illinois, Mr. RUIZ, By Mr. WAXMAN: HUYSEN, Ms. MOORE, Mr. ELLISON, and Mr. Mr. BISHOP of Georgia, Mr. HIMES, Mr. COLE, H.R. 4004. MORAN. and Mr. RODNEY DAVIS of Illinois. Congress has the power to enact this legis- H.R. 2575: Mr. BRIDENSTINE and Mr. LATTA. H.R. 3921: Mr. ELLISON and Mr. LOWENTHAL. lation pursuant to the following: H.R. 2591: Ms. WILSON of Florida, Mr. GAR- H.R. 3930: Mr. CALVERT, Mr. FORTENBERRY, The power granted to Congress under the CIA, and Mr. LIPINSKI. Mrs. NOEM, Mrs. BACHMANN, Mr. GERLACH, Commerce Clause of Article I of the Con- H.R. 2607: Mrs. CAPPS. Ms. BROWNLEY of California, Mr. CRAWFORD, stitution. H.R. 2692: Ms. NORTON. Mr. CHABOT, Mr. WOMACK, and Mr. f H.R. 2807: Mr. MARCHANT. DESJARLAIS. H.R. 2878: Mr. CARTWRIGHT. H.R. 3933: Mr. YOUNG of Alaska, Mr. LANCE, ADDITIONAL SPONSORS H.R. 2928: Mrs. BUSTOS. Mr. CHABOT, Mr. FINCHER, Mr. GRIFFIN of Ar- Under clause 7 of rule XII, sponsors H.R. 2959: Mr. BYRNE, Mr. MICA, and Mr. kansas, Mr. GINGREY of Georgia, Mr. WEBER MCCAUL. of Texas, and Mrs. MILLER of Michigan. were added to public bills and resolu- H.R. 2998: Mr. GRIJALVA. H.R. 3973: Mr. BENTIVOLIO. tions as follows: H.R. 3022: Mrs. BUSTOS and Ms. MATSUI. H.R. 3979: Mrs. CAPITO, Mr. CRAWFORD, Mr. H.R. 139: Mr. FATTAH and Ms. CLARK of H.R. 3074: Mr. AUSTIN SCOTT of Georgia, DAINES, Mr. HURT, Mr. WILSON of South Massachusetts. Mr. ROKITA, and Mr. HARRIS. Carolina, Mr. MCCAUL, Mrs. WALORSKI, Mr. H.R. 147: Mr. COFFMAN. H.R. 3116: Mr. BRALEY of Iowa. MURPHY of Pennsylvania, Mr. DEFAZIO, Mr. H.R. 184: Ms. CHU and Mr. MICHAUD. H.R. 3118: Mr. LARSEN of Washington, Mr. HARPER, Mr. BRIDENSTINE, Ms. ESTY, Mrs. H.R. 207: Mr. RODNEY DAVIS of Illinois and CARSON of Indiana, and Mr. JOHNSON of Geor- BROOKS of Indiana, Mr. KILMER, Mr. YODER, Mrs. HARTZLER. gia. and Mr. GIBSON.

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H.R. 3982: Mr. BLUMENAUER. H.J. Res. 21: Ms. CLARK of Massachusetts H. Res. 428: Mr. STOCKMAN. and Mr. TAKANO. H.R. 3989: Mr. ROONEY, Mr. COLE, Mr. CREN- H. Res. 431: Mrs. WAGNER. H. Res. 112: Mr. PASTOR of Arizona and Mr. H. Res. 456: Mr. KING of New York. SHAW, and Mr. MCINTYRE. DOGGETT. H. Res. 463: Mr. VEASEY. H.R. 3991: Mr. YOUNG of Indiana and Mr. H. Res. 227: Ms. CLARK of Massachusetts. H. Res. 467: Ms. LOFGREN, Mr. RANGEL, Ms. BISHOP of Utah. H. Res. 326: Mr. DUNCAN of South Carolina. H. Res. 359: Mr. RIBBLE. NORTON, Ms. SLAUGHTER, and Mr. H.J. Res. 20: Ms. CLARK of Massachusetts. H. Res. 365: Mr. RAHALL and Mr. GALLEGO. LOWENTHAL.

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SSGT. SKY MOTE Alexander has been very active with his in Congress to address climate change and its troop, participating in many scout activities. impacts on recreational hunting and fishing, HON. TOM McCLINTOCK Over the many years Alexander has been in- this amendment ensures that we don’t limit the OF CALIFORNIA volved with scouting, he has not only earned Secretary’s ability to plan for these develop- numerous merit badges, but also the respect ments. I urge my colleagues to support it. IN THE HOUSE OF REPRESENTATIVES of his family, peers, and community. Most no- While there are parts of this bill that would Wednesday, February 05, 2014 tably, Alexander has contributed to his com- get unanimous support from the House, it con- Mr. MCCLINTOCK. Mr. Speaker, I rise today munity through his Eagle Scout project. tains deeply flawed provisions that jeopardize to honor Marine Staff Sergeant Sky Mote, a Mr. Speaker, I proudly ask you to join me in the condition of public lands. I urge my col- man who faithfully served and then made the commending Alexander Miles Burns for his ac- leagues to reject it and work on a consensus ultimate sacrifice for our nation. He was re- complishments with the Boy Scouts of Amer- bill that guarantees recreational opportunities cently awarded the Navy’s second highest ica and for his efforts put forth in achieving the for generations of American sportsmen and commendation for valor, the Navy Cross. highest distinction of Eagle Scout. women. Growing up in El Dorado, California, Sky en- f f joyed 4-H, Civil Air Patrol, and loved camping SPORTSMEN’S HERITAGE AND RECOGNIZING THE AGREEMENT with his family. At Union Mine High School, he RECREATIONAL ENHANCEMENT BETWEEN NOAA AND THE STATE lettered in track and cross country. From an ACT OF 2013 OF CALIFORNIA ON IMPLEMEN- early age, Sky was motivated to join the mili- TATION OF THE SHARK CON- tary by a deep desire serve his country. Upon SPEECH OF SERVATION ACT OF 2010 graduation, he promptly enlisted in the Marine Corps. HON. CHRIS VAN HOLLEN Sky spent nine years serving his country in OF MARYLAND HON. JARED HUFFMAN the United States Marine Corps, including a IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA deployment to Iraq and two deployments to Tuesday, February 4, 2014 IN THE HOUSE OF REPRESENTATIVES Afghanistan. To those who knew him, it is no The House in Committee of the Whole Wednesday, February 5, 2014 surprise that Sky not only served, but served House on the state of the Union had under Mr. HUFFMAN. Mr. Speaker, I’m pleased with gallantry and meritorious distinction. Sky consideration the bill (H.R. 3590) to protect that NOAA has decided not to interfere with was awarded the Navy Cross, a Purple Heart, and enhance opportunities for recreational the progress California and other states have the Navy-Marine Corps Commendation Medal, hunting, fishing, and shooting, and for other made in ending the cruel practice of shark fin- a Navy-Marine Corps Achievement Medal, two purposes: ning. Federal preemption of state law should Combat Action Ribbons and three Good Con- Mr. VAN HOLLEN. Mr. Chairman, our na- be extremely rare—the federal government duct Medals. tion’s public lands have always required bal- should not stop states from raising the bar on On August 10, 2012, Sky was serving with anced management for a variety of uses for environmental protection, and I’m glad NOAA the prestigious 1st Marine Special Operations the American people. And while I am pleased has agreed to revise its position on our state’s Battalion as an Explosive Ordnance expert in to see a public lands bill on the Floor of this landmark shark fin law. Helmand Province of Afghanistan. During an House that acknowledges uses beyond oil and I submit an exchange of letters between the attack inside the base perimeter by a rogue gas drilling, I regret that it once again fails to National Oceanic and Atmospheric Administra- Afghan policeman, SSgt. Mote rushed into ac- meet the balance necessary to responsibly tion and the California Department of Fish and tion rather than escaping to safety. Sky’s cour- manage our lands for generations to come. Wildlife. age and initiative in engaging the gunman, I don’t think there is any disagreement in while exposing himself to mortal gunfire, halt- the House over the importance of outdoor U.S. DEPARTMENT OF COMMERCE, NATIONAL OCEANIC AND ATMOS- recreation on public lands. More than 75 per- ed the enemy assault and undoubtedly saved PHERIC ADMINISTRATION, NA- lives that day. cent of federal lands are open to hunting, fish- TIONAL MARINE FISHERIES SERV- Sky Mote will be deeply and sorely missed. ing, and recreational shooting. However, in ICE, He leaves behind his mother and father, as order to ensure that these areas are available Silver Spring, MD, February 3, 2014. well as four brothers. The United States is for the future, all uses must be balanced with Mr. CHARLTON BONHAM, blessed to have young men of character and conservation. And today’s bill would override Director, California Department of Fish and heroism to defend our freedoms. critical environmental protections while depriv- Wildlife, Sacramento, CA. ing hunters and fisherman from offering input DEAR MR. BONHAM: Thank you for your Mr. Speaker, SSgt. Sky Mote lived and died February 3, 2014, letter regarding your as- as an embodiment of the virtues that built and on land use decisions. sessment of the relationship between the continue to preserve our country and it is my The bill also replaces the only federal advi- Magnuson-Stevens Fishery Conservation and privilege to rise to honor his memory today. sory committee with a voice for the hunting Management Act, as amended by the Shark f community with a new council, removing rep- Finning Prohibition Act of 2000 and the resentation from hunting outreach and edu- Shark Conservation Act of 2010, and the Cali- HONORING ALEXANDER MILES cation groups and sportsmen and sports- fornia Shark Fin Prohibition and the impact BURNS women at-large in favor of representatives of California’s law on federal shark har- from the firearms, ranching, and agriculture in- vesters. NOAA Fisheries West Coast Region con- HON. SAM GRAVES dustries. Finally, it would allow for guns at cer- firms that revenue from the sale of sharks OF MISSOURI tain Army Corps facilities, without exemption harvested in federal waters off California de- IN THE HOUSE OF REPRESENTATIVES for public safety or national security concerns. rives mostly from the sale of the meat of the I have joined with Mr. Holt and members of shark, not from the sale of fins sold after the Wednesday, February 5, 2014 the House Sustainable Energy and Environ- shark is legally harvested and landed with Mr. GRAVES of Missouri. Mr. Speaker, I ment Caucus to offer an amendment to this fins naturally attached. Further, you con- proudly pause to recognize Alexander Miles bill to clarify that the Secretary of Interior has firm that all federal fishers who land sharks Burns. Alexander is a very special young man the authority to plan for a changing climate, in California, including those who operate in federal waters pursuant to a federal license, who has exemplified the finest qualities of citi- which poses a real threat to outdoor recreation are also required to hold state licenses and zenship and leadership by taking an active through sea level rise, drought, and wildfire. It are therefore exempt from the ban on posses- part in the Boy Scouts of America, Troop 351, will also lead to changes in hunting seasons, sion of shark fins. Based on the full informa- and earning the most prestigious award of migratory patterns, and invasive species popu- tion about the California law set forth in Eagle Scout. lations. While we should be taking action here your letter, and the current facts specified

∑ 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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Of particular sig- OF WASHINGTON pact on federally licensed and permitted nificance here, and unlike federal law, the shark harvesters in California, and does not IN THE HOUSE OF REPRESENTATIVES California Shark Fin Prohibition does not unlawfully burden their ability to achieve Wednesday, February 5, 2014 the benefits from federal fisheries provided regulate the act of finning or the taking and under the Magnuson-Stevens Fishery Con- landing of sharks within the Exclusive Eco- Mr. SMITH of Washington. Mr. Speaker, on servation and Management Act, as amended. nomic Zone (EEZ). Moreover, under Cali- Monday, January 27, 2014, I was unable to be Accordingly, it is our position, based on the fornia law, a federally-licensed fisher may present for recorded votes. Had I been information that you have provided, that land a shark in California with the fins at- present, I would have voted: ‘‘yes’’ on rollcall California’s Shark Fin Prohibition law is not tached, as required by the Shark Conserva- vote No. 24 (on the motion to suspend the preempted by the Magnuson-Stevens Act, as tion Act of 2010. See id. § 2021(a) (defining rules and pass H.R. 2166, as amended), and amended. ‘‘shark fin’’ as the ‘‘raw, dried, or otherwise We agree that this has been a very produc- ‘‘yes’’ on rollcall vote No. 25 (on the motion to processed detached fin, or the raw, dried, or tive process. Our consultations have ad- suspend the rules and pass H.R. 3008, as dressed fully our initial concern, as ex- otherwise processed detached tail, of an amended). elasmobranch.’’) pressed in the amicus brief of the United f States Chinatown Neighborhood Association et With respect to your concern regarding the al., v. Brown, et al., Ninth Circuit Case No. ability of fishers to possess fins (from sharks RECOGNIZING KATIE PORTA 13–15188, that California’s Shark Fin Prohibi- caught in the EEZ), pursuant to California tion might conflict with or obstruct the Fish and Game Code sections 2021(d) and HON. ALAN GRAYSON Magnuson-Stevens Act, as amended. In light 2021.5(a)(1), properly-licensed fishers are ex- OF FLORIDA of our present conclusion that California law IN THE HOUSE OF REPRESENTATIVES does not conflict with or obstruct the pur- empt from the ban on possession. Because all poses, goals, or methods of the Magnuson- fishers, including those who operate in fed- Wednesday, February 5, 2014 eral waters pursuant to a federal license, are Stevens Act, we do not intend to seek au- Mr. GRAYSON. Mr. Speaker, I rise today to required to hold state licenses in order to thorization from the Department of Justice recognize Katie Porta. Katie has devoted her to further participate in the case of China- land sharks in California, see id. §§ 7850, 7881, town Neighborhood Association, et al. v. Brown, this exemption applies equally to federal and life to serving the Central Florida community. et al., No. CV 12 3759 WHO (N.D. Cal.). We re- state fishers. She is an amazing woman and a source of in- quest that you contact us if there are signifi- spiration to us all. Finally, California’s Shark Fin Prohibition cant changes to the facts described in your Katie was born in Indiana as Mary Katherine does not interfere with the management of letter as this could necessitate further con- Hartman. She spent much of her childhood sultation. federal fisheries. As you are aware, and as shadowing her mom, a nurse who conducted set forth in our reply to your amicus brief, We appreciate your willingness to work in-home hearing tests for people with disabil- we reject the notion that simply because a with us on this important matter and we ities. The experience of visiting rural homes hope this letter addresses your concerns. state ban might have an effect on fishing Sincerely, within federal waters and consequently on and serving her community remained with EILEEN SOBECK, the attainment of ‘‘optimum yield,’’ that it Katie into adulthood and drove her apply to Assistant Administrator for Fisheries. conflicts with and/or is preempted by the Purdue University, where she eventually Magnuson-Stevens Act. While we may con- earned a degree in speech and hearing. Fol- STATE OF CALIFORNIA—NATURAL tinue to disagree on this point, as a practical lowing graduation, Katie became a speech RESOURCES AGENCY, DEPARTMENT matter, the California Shark Fin Prohibition and hearing therapist initially serving the pub- OF FISH AND WILDLIFE, has no meaningful effect on fishing behavior lic school system, and later working with mili- Sacramento, CA, February 3, 2014. or ‘‘optimum yield.’’ Relatively few sharks tary families stationed in Japan through the EILEEN SOBECK, Assistant Administrator for Fisheries, National are landed in California. The California- Department of Defense. Katie’s service was Oceanic and Atmospheric Administration, based drift gillnet fleet and the Hawaii-based rewarded with a new position in Germany, Silver Spring, MD. pelagic longline fleet account for the major- where she supervised an initiative that as- DEAR MS. SOBECK: We write to memorialize ity of shark landings in California from fed- sisted servicemen as they transitioned from a series of conversations between our respec- erally-managed fisheries. Both of these fleets the military back into society. tive offices and legal counsel beginning on target swordfish and thus fishing behavior in After her time in Germany, Katie accepted a September 6, 2013, regarding the relationship these fleets is driven primarily by swordfish, job working with mentally disabled children at between California’s Shark Fin Prohibition, and not by sharks. The relative importance the Sunland Center in Tallahassee. She was Cal. Fish & Game Code §§ 2021 & 2021.5, and of swordfish and sharks is apparent in both the Magnuson-Stevens Fishery Conservation shocked by the hospital conditions and imme- landings and revenue. For example, in 2012, and Management Act, 16 U.S.C. §§ 1801–1884, diately resolved herself to becoming a power- according to PacFIN data, shark landings in as amended by the Shark Finning Prohibi- ful advocate for the disabled. One of Katie’s tion Act of 2000, Pub. L. No. 106–557, 114 Stat. California (from both federal and state first opportunities to serve as that advocate 2772 (2000), and the Shark Conservation Act waters) totaled 107.5 metric tons, and rep- came in form of legislation: a bill of rights for resented $189,910 in revenue. By comparison, of 2010, Pub. L. No. 111–348, 124 Stat. 3668 the developmentally disabled. Katie fought to 402.5 metric tons of swordfish were landed in (2010). We appreciate the opportunity to con- secure these rights—rights that are now en- sult with you and believe that this process California in 2012, with an ex-vessel value of has been highly productive. This process was $2,092,050. With respect to the relatively shrined in Florida law. As Katie says, the de- initiated after the United States filed an small number of sharks that are landed in velopmentally disabled ‘‘have the same needs amicus brief in Chinatown Neighborhood Asso- California, state law permits the sale of all you and I have . . . People don’t want to be ciation et al., v. Brown, et. al., Ninth Circuit of the parts of a shark caught in federal treated down; they want to be treated up.’’ Case No. 13–15188, and in that filing the waters and landed in California, excluding Katie later took over Life Concepts, Inc. a United States observed that California’s its detached fin and tail. Accordingly, we do non-profit organization that operated group Shark Fin Prohibition may conflict with or not expect an appreciable impact on income homes, sheltered apartments and vocational obstruct federal law. However, in light of our to federally-licensed shark harvesters in training for adults with developmental disabil- discussions and the full information and ities (who had previously lived in large state analysis we have provided regarding the California as a result of California’s law. scope and effect of California’s law, we now For these reasons, we believe that Califor- institutions). She spent time visiting state insti- agree that California law and federal law are nia’s Shark Fin Prohibition is consistent tutions to personally meet the individuals who consistent and that there is no basis for find- with and does not conflict with the Magnu- would be discharged into their assigned com- ing California’s Shark Fin Prohibition to be son-Stevens Act, as amended by the Shark munity homes. Katie said she wanted to make preempted by the Magnuson-Stevens Act, as Finning Prohibition Act of 2000, and the sure that the settings Life Concepts provided amended. Shark Conservation Act of 2010. would meet their individual needs. The non- The Magnuson-Stevens Act governs the profit had few resources, so Katie worked hard management of federal fisheries, including Please feel free to contact Thomas Gibson, shark fisheries. As we have discussed, the General Counsel, if you have further ques- to develop relationships with Florida legislators Shark Fin Prohibition and the Magnuson- tions or concerns. and stakeholders to ensure that her clients Stevens Act, as amended, share a goal of pro- Sincerely, could count on quality care. Her quick wit, per- moting conservation and ending the practice CHARLTON H. BONHAM, sistence, and passion for her clients earned of shark finning. To this end, the California Director. her a reputation for getting things done.

VerDate Mar 15 2010 04:30 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.002 E05FEPT1 tjames on DSK3TPTVN1PROD with REMARKS February 5, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E167 Katie also served her community as Chair- HONORING ZACHARIAH sands of poorly-paid full-time contractors woman of the Orlando Utilities Commission FRANKLYNN PIXLER who have been denied by these officials basic and in her capacity on other community employment protections and benefits, such as vacations and health insurance, may have boards, such as the City of Orlando’s Nomi- HON. SAM GRAVES also been involved in an attempt to silence nating Board, the Orange County Membership OF MISSOURI and remove from the BBG board a former Advisory Board, and the Heart of Florida IN THE HOUSE OF REPRESENTATIVES member, Victor Ashe, and to undermine rep- utation of some of the still serving BBG United Way. Katie’s love for her community is Wednesday, February 5, 2014 reflected in her two children, Michael and members who have questioned their manage- Mr. GRAVES of Missouri. Mr. Speaker, I ment practices. Stephanie. Stephanie is a community orga- Alleged retaliation against Ashe is strong- nizer in Central Florida and demonstrates the proudly pause to recognize Zachariah Franklynn Pixler. Zachariah is a very special ly suspected because he was most active same commitment to equality and justice that among BBG members in trying to expose and young man who has exemplified the finest her mother has shown. prevent waste of taxpayers’ money at the qualities of citizenship and leadership by tak- agency, but at least two other BBG members Katie’s work has earned her recognition in ing an active part in the Boy Scouts of Amer- who are still serving may have also been a Central Florida. In 1996, she was presented ica, Troop 351, and earning the most pres- target of a smear campaign. BBG Watch has with the Distinguished Leadership Award by tigious award of Eagle Scout. learned that FOIA requests for documents the National Association of Community Lead- Zachariah has been very active with his that may show alleged efforts by IBB offi- ership. In 2000 she was recognized as one of troop, participating in many scout activities. cials to silence BBG members and to under- Over the many years Zachariah has been in- mine their reputation are the ones which are the ‘‘Top 10 Central Florida Women Who not being answered by IBB officials who have Mean Business.’’ In 2003, our local public volved with scouting, he has not only earned not yet produced any documents several radio station, WMFE, called her the ‘‘Can-Do numerous merit badges, but also the respect months after these FOIA requests were sub- Woman of the Year.’’ Last month, our local of his family, peers, and community. Most no- mitted. BBG Watch also learned that there is newspaper named Katie the ‘‘Central Floridian tably, Zachariah has contributed to his com- still a pending FOIA request for additional of the Year’’ for her lifetime commitment to munity through his Eagle Scout project. information about an incident in which a senior Voice of America executive allegedly serving our community. Mr. Speaker, I proudly ask you to join me in commending Zachariah Franklynn Pixler for tried to get officials at the United Nations to I want to recognize Katie for creating a leg- his accomplishments with the Boy Scouts of revoke a press accreditation of an inde- pendent American journalist. BBG’s mission acy of care and compassion for the voice- America and for his efforts put forth in achiev- less—and as an inspiration to those of us who is to support media freedom. Some of these ing the highest distinction of Eagle Scout. officials are still employed by BBG. dream of serving our community. f One of BBG Watch volunteer-reporters con- Mr. Speaker, it is with great honor that I tacted Victor Ashe by phone at his home at HONORING AMBASSADOR VICTOR Knoxville, TN to get his perspective on the enter these remarks into the CONGRESSIONAL ASHE developing scandal over violations of IRS tax RECORD of history for my friend, and Central rules by agency officials where he was a Florida’s hero, Katie Porta. board member until late last year. Ashe is a HON. JOHN J. DUNCAN, JR. former U.S. Ambassador to Poland and OF TENNESSEE f former popular long-term mayor of Knox- IN THE HOUSE OF REPRESENTATIVES ville. He had served many U.S. administra- HONORING KIDS ALIVE Wednesday, February 5, 2014 tions of both parties in various federal posi- tions. This is how BBG Watch reporter sum- Mr. DUNCAN of Tennessee. Mr. Speaker, marized for BBG Watch the phone conversa- Ambassador Victor Ashe retired in 2009 as tion with Ashe: HON. LUKE MESSER the longest-serving U.S. Ambassador to Po- ‘‘After years of neglect from prior manage- OF INDIANA land. ment, Broadcasting Board of Governors is Prior to his distinguished service abroad, now moving to remedy the mistreatment IN THE HOUSE OF REPRESENTATIVES from a pay standpoint for 35% of BBG’s em- Ambassador Ashe served 16 years as Knox- ployees who are on contract as opposed to Wednesday, February 5, 2014 ville’s longest-serving Mayor. being fulltime federal employees,’’ former Ambassador Ashe has held many other po- BBG member Victor Ashe said. Mr. MESSER. Mr. Speaker, I rise today to sitions in service to Tennessee and our Na- ‘‘Of course this is due to the heavy pres- recognize Kids Alive, an organization that is tion, and he has had one of the most distin- sure from the Internal Revenue Service and working around the world to improve the lives guished careers of anyone from my State. the Office of Inspector General,’’ Ashe added. of children. Even following his retirement, Ambassador ‘‘One reason BBG has ranked so poorly in Office of Personnel Management (OPM) mo- Ashe is being cited for his expertise and con- America is the most generous nation in rale surveys is the way contract employees tinued devotion to our Nation. I call the fol- human history. When tragedy strikes and inno- are treated, as well as the fallout from the lowing article from the website BBG Watch, in cent people are suffering, Americans respond. Office of Cuba Broadcasting (OCB) Radio and which Ambassador Ashe is quoted many TV Marti lawsuit from former Cuban Amer- Kids Alive is an organization that exemplifies times and is reprinted in part below, to the at- ican employees in Miami who were illegally that great American tradition by supporting tention of my colleagues and other readers of dismissed, according to findings by an im- girls and boys who are orphaned or struggling the RECORD. I am glad to see my good friend partial Federal Arbitrator and legal panels. just to survive extreme poverty. For nearly 100 is still working to protect the taxpayers of our This lawsuit, which management has lost at every step along the way, continues with years, Kids Alive has helped thousands of Nation: children with their housing and medical needs, costs exceeding $3.5 million. While it may BBG Watch has learned that officials of last two more years, cost may exceed $5.3 along with providing food, clothing and edu- the International Broadcasting Bureau (IBB) million by the time it is over. No one seems cation assistance. Children from all over the at a federal agency, Broadcasting Board of bothered by this use of tax dollars,’’ Ashe world have seen their lives improve thanks to Governors (BBG), are alleged to have vio- added. this faith-based organization. lated IRS tax rules by employing thousands ‘‘Morale at the three entities, which are of private contractors as full-time, long- Radio Free Asia (RFA), Radio Free Europe/ I am proud that this organization, based in term employees but failing to withhold taxes Radio Liberty (RFE/RL) and Middle East Indiana, has received so much support from from their salaries as they were required to Broadcasting Networks (MBN), remains the 6th Congressional District. Churches and do, according to IRS and the Office of the In- much higher,’’ he added. individuals from across the district have spector General (OIG). . . . ‘‘International Broadcasting Bureau (IBB) stepped up to help children in the most des- BBG Watch has also learned of allegations has a terrible history of mistreating con- that some IBB officials suspected of these tract employees,’’ Ashe said. perate situations. By donating their time and irregularities may be trying to cover up ‘‘Congress needs to act swiftly to correct resources, these Hoosiers have helped give their alleged violations by refusing or delay- these problems and monitor carefully how countless kids a better future. ing release of information under the Free- BBG is handling the IRS audit and OIG find- I ask the entire 6th Congressional district to dom of Information Act (FOIA) requests ings. BBG owes the public an explanation on from private individuals, including news re- why this has occurred and how they plan on join me in recognizing the important work of porters and NGO representatives. . . . finding $12 to $18 million,’’ he added. Kids Alive and all those who contributed to Allegations have been made that some of ‘‘This is all about righting a wrong. IBB their success. IBB officials responsible for employing thou- past management thought they could get

VerDate Mar 15 2010 04:30 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.004 E05FEPT1 tjames on DSK3TPTVN1PROD with REMARKS E168 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2014 away with this violation of federal practices one of its parks in honor of former BBG Gov- Other blockades were erected by the resident and law. Now this seems to be at an end.’’ ernor and former U.S. Ambassador. bureaucracy to thwart any attempts by Gov- ‘‘Now the BBG board should review the In a recent article in Ambassador Perspec- ernor Ashe to find out what was going on in Radio and TV Marti lawsuit by Cuban Amer- tives, a forum of commentary on current the Agency including a scandalous con- icans laid off wrongly over 4 years ago and world issues by non-career U.S. Ambassadors tracting-out process. Even the OIG, in its attempt to settle it. Otherwise, BBG may who have served presidents of both parties, January 2013 report, characterized Governor face $5 million in legal expenses,’’ Ashe Ashe has proposed several solutions to man- Ashe’s actions as somewhat of a trans- added. agement problems at the BBG, including ap- gression when it wrote: ‘‘He visits widely ‘‘I commend Jeff Shell, the new chair, for pointing a single agency head, confirmable throughout the agency, offering to bypass his efforts to correct the problems he inher- by the Senate, dissolving the current part- IBB management to assure Board attention ited,’’ Victor Ashe stated. time nine-member board, or making it much to employee concerns.’’ Jeff Shell and the renewed BBG board have smaller. The CEO proposal, but without Sen- And yet, Ambassador Ashe did not budge. already announced several key personnel and ate confirmation, is also being pursued by He continued his fight. So, he was disposed management changes at the IBB and further Chairman Shell and the current BBG board. of thanks to a blistering and factually-chal- management reforms are expected. Former Ashe has also called for bringing Congress lenged OIG report that the Union described, IBB director retired at the end of November more closely into the process of reforming and still does, as a ‘hatchet job’. He could 2013. But some remaining IBB officials are U.S. international media outreach to those have stayed in his position as a Republican alleged to be engaged in an attempt to cover countries where independent press is either Governor on the BBG. There was no need to up their previous mistakes by unnecessarily severely restricted or completely repressed. push out the only BBG member who had a prolonging the FOIA process, sources told Ashe told a reporter that ‘‘hopefully, Con- perfect attendance record at all meetings BBG Watch. gress will start holding annual oversight and seemed to genuinely care, and was com- Ashe and some of his colleagues on the hearings on U.S. international media out- petent as well. The Agency would not stand BBG board have been vindicated in a number reach, which have not been held for six for that and the White House somehow found of cases where their initial concerns were years.’’ time to name someone to replace him. first strongly resisted by agency officials and The key questions, however, are whether AFGE Local 1812 will always be grateful to later turned out to be correct and their pro- anyone among IBB’s current government ex- former Governor Ashe for his intrepid efforts posed solutions embraced by other BBG ecutives who are still in their positions will to try to find out what was wrong in the members. answer for alleged violations of tax and Agency and to fix it. We are also grateful Among three BBG members who seem to other federal rules? Who will pay millions of that he did not look at the Union as a pa- have most annoyed IBB senior staff with de- dollars, which have not been appropriated by riah. For its part, the Union has arranged mands for accountability, Ashe is credited Congress, to correct alleged mistakes? Can with the Knoxville, TN, city administration along with Susan McCue and Michael Mee- IBB officials get away with not releasing to have a tree planted in one of its parks in han with saving Radio Free Europe/Radio FOIA documents that may expose their al- honor of Governor Ashe where he served five Liberty (RFE/RL) from a major management leged attempts to cover up corruption and terms as mayor. We are considering another and journalistic crisis last year. Ashe re- abuse of power. project in his honor as well. ceived the Glasnost Award for these efforts BBG Watch has learned that at the urging f from a Russian human rights organization. of a least one NGO, a member of Congress He is also believed to have helped new RFE/ known for his support of U.S. international REMEMBERING GENERAL BLAZ RL CEO Kevin Klose rehire Radio Liberty broadcasting mission abroad plans to make journalists who had been fired by the pre- inquiries to the BBG to find out why IBB of- HON. FRANK R. WOLF vious management—an incident which pro- ficials are dragging their feet on answering OF VIRGINIA duced a major public relations and public di- FOIA requests for information that may ex- IN THE HOUSE OF REPRESENTATIVES plomacy crisis for the United States in Rus- pose their alleged misdeeds. sia. It’s not the first time, and not the last, Wednesday, February 5, 2014 In a phone conversation about his previous that we ask: who’s in charge of this Agency? Mr. WOLF. Mr. Speaker, I rise today to rec- difficult dealings with IBB officials, Ashe re- As the new Broadcasting Board of Gov- called discovering that flu shots were being ernors members get down to business, we ognize and remember former U.S. Represent- denied to contract employees at the agency recognize their role of being in charge of en- ative and Brigadier General Vicente T. ‘‘Ben’’ because of their status. IBB officials declined suring that the broadcasting arm of the Blaz, who passed away on January 8, 2014 in to correct the problem until he went public United States government carries out its Fairfax, Virginia at the age of 85. with the issue and shamed them into recog- mission for the 21st century. However, we Gen. Blaz was born on February 14, 1928, nizing it was a health risk for the entire get the feeling that some in top and mid- in Hagatna, the capital of Guam. At 13, he workforce, since contract employees and fed- level management take the position that the was forced into a Japanese detention camp eral employees work daily side by side. bureaucracy is still in charge, will remain in following the Japanese seizure of the island ‘‘Today I am glad to say all can receive flu charge, and will make sure the BBG under- immediately after the attack on Pearl Harbor in shots,’’ Ashe was quoted as saying. stands who is really in charge. Alleged attempts to silence inconvenient Why should there be any concern? Flash December 1941. While a detainee, Gen. Blaz BBG members and alleged attempts by IBB back to the arrival at the Agency several witnessed the torture and murder of his fellow senior executives to remove Ashe from the years ago of a former BBG Governor, the Chammorros—natives of Guam—until Amer- BBG board with unfounded accusations to Honorable U.S. Ambassador Victor Ashe. A ican Marines liberated the island in 1944. the OIG were described in recent editorials politician, in addition to a diplomat, with Following the war, Blaz learned English and published by the American Federation of extensive managerial experience, he engaged received a scholarship to study at the Univer- Government Employees, AFGE Local 1812, a in behavior any official on the BBG should sity of Notre Dame. Soon after graduation, he union representing BBG’s federal workforce. feel comfortable engaging in: he met with joined the Marine Corps, where he served in One OIG team sided with IBB officials the staff, listened to their concerns, opened a against Ashe and incredibly accused him of communication channel by providing his both the Korean and Vietnam Wars, earning being too aggressive in pursuing his over- personal e-mail and started asking questions the Bronze Star. He then served in the Joint sight responsibilities, although it did not of management. Staff for a number of years, including under mention him by name. That particular OIG The backlash was swift and fierce. Ambas- General Lemeul Shephard, who liberated his team repeated assurances received from IBB sador Ashe was warned in private, then home from the Japanese many years earlier. executives and, also incredibly, did not dis- warned again more forcefully in public, Blaz was promoted to the rank of brigadier cover any substantial waste or irregularities against assuming his full role as Governor. general in 1977. He was the first non-white in the agency, which has a budget of over Apparently he did not get the message. The soldier to attain this rank within the Marine $700 million. It took another, different OIG General Counsel’s office—whose main pur- pose sometimes seems to be not to assist Corps. team to find widespread irregularities in the Gen. Blaz served three more years before work of IBB officials, including nonpayment management in respecting the law, but rath- of IRS required taxes. er in how to circumvent it—drafted new retiring from the military and returning home to Ashe is widely admired by rank and file rules that essentially tried to muzzle BBG Guam. There he worked as a teacher and agency employees and contractors, as are members, trying to prevent them from freely farmer until his election to the U.S. Congress Governors McCue and Meehan. Chairman discussing Agency business. in 1982. For eight years, he served as Guam’s Shell has also developed a good reputation But that did not silence Ambassador Ashe. non-voting representative in the House, and among BBG employees for his energy, will- He had the courage to publicly deplore the held committee assignments on the Foreign diplomatic mess created by the firing of ingness to listen to critics and some of the Affairs Committee and Armed Forces Com- initial reforms he has proposed. most of the staff at the Russian Service of Ashe’s departure from the board was par- Radio Liberty. Payback time came in many mittee. During his time in Congress, he fo- ticularly mourned by BBG employees. Their forms including a rather silly and spiteful in- cused on veterans’ education issues, as well union has arranged with the Knoxville, TN cident, when Governor Ashe was refused as the reorganization of Guam’s judicial sys- city administration to have a tree planted in entry to an event to which he was invited. tem.

VerDate Mar 15 2010 04:30 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.006 E05FEPT1 tjames on DSK3TPTVN1PROD with REMARKS February 5, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E169 Following his retirement in 1992, Gen. Blaz Gen. Blaz served four terms before losing a current position as president of Toyota’s West published a memoir, as well as books and tel- reelection bid in 1992 to Robert A. Under- Virginia engine plant, is a direct result of her evision documentaries about Guam’s history wood. technical knowledge and ability, her drive and Vicente Tornas Blaz Garrido was born Feb. and culture. He also spent time in Virginia’s 14, 1928, in what is now Hagatna, the capital determination, and her passionate commit- 10th District in Fairfax County, where he of Guam, and grew up in a farming commu- ment to her fellow team members and Toy- passed away last month. He is survived by his nity. Guam, which is about 30 miles long, has ota’s customers. Her accomplishment of be- two sons, Tom and Mike Blaz, as well as two a population of about 140,000 and is the coming the first female president in Toyota’s brothers, one sister and five grandchildren. southernmost island in the Marianas chain. history is tied to her many successes. I submit the following obituary from the It became a U.S. territory after the Spanish- Ms. Marshall is a lifelong learner. She has Washington Post on Gen. Blaz’s amazing American War in 1898. always seen her career as a journey. Her de- story. In 1947, Gen. Blaz received a scholarship to sire to learn and try new things led to many attend Notre Dame. After a 22-day boat trip, different positions, functions, and locations. In [From the Washington Post, Jan. 27, 2014] he arrived in San Francisco and told a cab- VICENTE T. ‘BEN’ BLAZ, MARINE GENERAL AND driver to take him to Notre Dame. He was every experience at Toyota so far, she has left GUAM DELEGATE, DIES AT 85 dropped off at a Catholic girls’ school with a her positive mark. She has always been a (By Matt Schudel), similar name, where he presented his papers strong advocate for self-development, team Vicente T. ‘‘Ben’’ Blaz, who survived a Jap- to the nuns. They put him on a train to Indi- development, and for the growth of Toyota as anese prison camp during World War II and ana. a whole. later became a Marine Corps brigadier gen- While serving in the Marine Corps, he re- Ms. Marshall is a role model and mentor for eral and Guam’s representative in Congress, ceived a master’s degree in public adminis- other women in business. She shares her tal- died Jan. 8 at Inova Fair Oaks Hospital in tration from George Washington University ents with women internally and is also actively Fairfax County. He was 85. in 1963. He had a home in Fairfax County since 1969 and was a member of St. Mary of involved in SOAR, a program that assists in The cause was acute respiratory failure, the professional development and career ad- his son Tom Blaz said. Sorrows Catholic Church in Fairfax. Gen. Blaz was 13 when he was captured by His wife of 58 years, Ann Evers Blaz, died vancement of women in business. With the Japanese forces who overran the U.S. terri- in May 2013. Survivors include two sons, Tom support of her family, she has learned bal- tory of Guam on Dec. 8, 1941, one day after Blaz of Fairfax and Mike Blaz of Fairfax Sta- ance, patience and the ability to see the big- the Japanese attack on the American naval tion; two brothers; a sister; and five grand- ger picture with a variety of perspectives. base at Pearl Harbor, Hawaii. He was one of children. We are thankful for the years of dedication many native Chamorros, as natives of Guam After Congress, Gen. Blaz wrote a memoir and hard work by Millie Marshall. We con- are often called, held in a detention camp and books about Guam and also made a se- ries of historical and cultural television doc- gratulate her for setting an example of profes- and pressed into forced labor, building air- sional excellence and advocacy of women in fields for the Japanese. umentaries about his native island. He was later held in a Japanese prison In Congress and later in life, Gen. Blaz be- manufacturing, as well as her commitment to camp, where he saw fellow inmates beheaded. came known for a rueful description of the the greater community. ‘‘As a boy, I stood behind barbed wire,’’ he people of Guam, U.S. citizens who serve in f told The Washington Post in 1977. ‘‘There disproportionate numbers in the military was a pervasive sense of personal insecurity. but do not have full representation in Con- RECOGNIZING REVEREND WAYNE That probably is more damaging to your gress: ‘‘Equal in war, unequal in peace.’’ BRIDEGROOM feeling of wellbeing than hunger.’’ f In 1944, he was freed when U.S. Marines re- HON. JEFF DENHAM claimed Guam from the Japanese. He asked IN HONOR OF MILLIE MARSHALL OF CALIFORNIA a young Marine how he could go to the ON HER RECEIPT OF THE MANU- United States. FACTURING INSTITUTE’S WOMEN IN THE HOUSE OF REPRESENTATIVES ‘‘The first thing you have to do is learn to IN MANUFACTURING STEP Wednesday, February 5, 2014 speak English,’’ he recalled the Marine say- AWARD ing. Gen. Blaz spoke primarily the local Mr. DENHAM. Mr. Speaker, I rise today to Chamorro language at the time. ‘‘He taught recognize and congratulate Reverend Wayne me a few words and told me, of all things, to HON. SHELLEY MOORE CAPITO Bridegroom for receiving the Martin Luther listen to the radio, and talk as they do.’’ OF WEST VIRGINIA King Legacy Award. After 40 years of being a After graduating in 1951 from the Univer- IN THE HOUSE OF REPRESENTATIVES pastor, this is a well-deserved recognition. sity of Notre Dame, in Indiana, Gen. Blaz In 1973, Rev. Bridegroom started at Central joined the Marine Corps. He served during Wednesday, February 5, 2014 Baptist Church in West Modesto, where he the Korean War and was an artillery officer in the Vietnam War, where he was awarded Mrs. CAPITO. Mr. Speaker, I rise today to still lives today. In 1981, he became the pastor the Bronze Star Medal. congratulate Millie Marshall of Hurricane, West and opened his doors to many ethnic groups. He held several jobs with the Joint Chiefs Virginia on the occasion of her selection to re- He began by ministering to Southeast Asian of Staff and once served under Lemuel C. ceive a STEP Award from The Manufacturing and Latino immigrants, but soon Central Bap- Shepherd Jr., a Marine general who led the Institute. As an inspiration to young women in- tist become home to the Laotian, Hmong, U.S. forces that recaptured Guam in 1944. terested in technical careers, I am pleased to Cambodian and Hispanic populations as well. When he was promoted to brigadier general recognize her contributions to Toyota, the In 1980, he brought many of the Anglo in 1977, Gen. Blaz became the first person automotive industry, the state of West Virginia, churches from across town to form Modesto from Guam and the first non-white Marine to reach the rank of general. At the time, he her community, and our country. Outreach Ministry, which later became the was director of information for the Marine Manufacturing is revitalizing our economy Christian Challenge Ministries. Corps, in charge of rebuilding the image of and making America strong. Investments in Pastor Bridegroom has a unique ability to the Marines after the Vietnam War. manufacturing, particularly in automotive man- develop networks and put his talent to work, After retiring from the military in 1980, ufacturing, multiply across the economy, cre- becoming the co-founder of Harvest of Hope. Gen. Blaz returned to Guam to farm and to ating jobs and growth in other sectors. Manu- Harvest of Hope is a collaboration of church, teach. He made an unsuccessful bid as a Re- facturing is the backbone of our nation’s mid- neighborhood and county government which publican for Guam’s non-voting congres- dle class. Today’s manufacturers offer com- focuses on providing goods for needy families. sional seat in 1982. Two years later he won a closely contested petitive wages in high-tech fields while working In 1989, he spearheaded a group called Love election, defeating Antonio B. Won Pat, who hard to encourage women into the field. Inc., which paired people in need with agen- had served as Guam’s delegate since 1973, STEP Award Honorees, such as Ms. Mar- cies and volunteers in churches. He also when the territory first received representa- shall, help to attract more women to manufac- helped in the founding of Weed and Seed, tion in Congress. turing careers by educating young workers which led to First Tee, a golf mentoring pro- Gen. Blaz, who was a member of the Armed that this is not your grandfather’s manufac- gram on the city’s municipal course, and start- Forces and Foreign Affairs committees, was turing industry. By telling the real stories of ed Boy and Girl Scouting programs on the the only retired general serving in Congress these women, we can inspire the next genera- west side. at the time. He had few legislative victories in his limited role in Congress, but he was tion to pursue careers in the industry and en- In the last 20 years, Rev. Bridegroom has instrumental in reorganizing the judicial courage women currently working for the man- worked with the West Modesto King Kennedy system on Guam and was a strong advocate ufacturing industry. neighborhood collaborative and helped im- for improved educational benefits for vet- Ms. Marshall’s 20-year career progression, prove relationships between police and the erans. beginning as a specialist all the way to her community. In 2000, Pastor Bridegroom

VerDate Mar 15 2010 04:30 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.007 E05FEPT1 tjames on DSK3TPTVN1PROD with REMARKS E170 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2014 helped form Congregations Building Commu- eration of Pennsylvania in Philadelphia in vocate for them in Sacramento and in Wash- nities, the PICO affiliate in Modesto. In addi- 1985. He later became an integral member of ington, DC. He also has been my ‘‘go to guy’’ tion, he assisted in forming a street lighting the Nationwide team, and he retired as the when it comes to policy questions that affect district to add streetlights to an unincorporated Senior Vice President of Corporate Relations credit unions. Not only does he understand area of Southwest Modesto in 2005. and Public Affairs. His more than twenty-five the issues better than anyone I know, he is More recently, he’s been involved in calls years as an advocate for the insurance indus- honest and I know that he will always give it for immigration reform. His church’s congrega- try enhanced the industry’s ability to see to the to me straight. tion has been a mixing pot of Latino, Hmong, needs of countless individuals affected by un- And so, I am really going to miss having Cambodian and Laotian people sharing space foreseen misfortune. Rudy at the helm of Schools First, and as an and worshipping together. In June, he plans to He was instrumental in providing Nationwide official advocate for credit unions in DC. But I officially retire as the Senior Pastor of his con- Insurance and its members a voice in Wash- also know that Rudy will always be fighting for gregation, but plans to continue as an unpaid ington, DC by establishing an office in the na- credit unions, if even in an unofficial capacity. volunteer in that role. tion’s capital in 1997. I and my colleagues are And as a friend, I am happy for Rudy and Pastor Bridegroom has also served as inter- fortunate to work with dedicated private citi- for Catherine, who have earned this retire- viewer for Stanislaus County Sheriff can- zens such as Jeff, who advocate for public ment. And I hope that it means that Marie and I will get to see more of them in the years to didates and City of Modesto police captains. policies that address the needs of millions of come. our friends and neighbors. He has organized a baseball league in west God Bless you Rudy! And Congratulations! Modesto and chaired block parties for the Na- On behalf of the citizens of Ohio’s 12th tional Night Out. Congressional District, I thank Jeffrey Rouch f Mr. Speaker, please join me in praising Pas- for his contributions and his unrelenting serv- OUR UNCONSCIONABLE NATIONAL tor Wayne Bridegroom, for his significant con- ice to his industry. I offer my deepest sym- DEBT tributions as a bridge between evangelicals pathies to his family. Their sense of loss at and Catholics, U.S. citizens and immigrants, this time is shared by many who knew and HON. MIKE COFFMAN and his overall effort to provide a thriving foun- loved Jeffrey Rouch, and he will be dearly OF COLORADO dation for our community. missed. IN THE HOUSE OF REPRESENTATIVES f f Wednesday, February 5, 2014 HONORING JACKSON MOHR CELEBRATING RUDY HANLEY’S Mr. COFFMAN. Mr. Speaker, on January RETIREMENT 20, 2009, the day President Obama took of- HON. SAM GRAVES fice, the national debt was OF MISSOURI HON. EDWARD R. ROYCE $10,626,877,048,913.08. Today, it is $17,263,040,455,036.20. We’ve IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA added $6,636,163,406,123.12 to our debt in 5 IN THE HOUSE OF REPRESENTATIVES Wednesday, February 5, 2014 years. This is over $6.6 trillion in debt our na- Wednesday, February 5, 2014 Mr. GRAVES of Missouri. Mr. Speaker, I tion, our economy, and our children could proudly pause to recognize Jackson Mohr. Mr. ROYCE. Mr. Speaker, I rise today to have avoided with a balanced budget amend- Jackson is a very special young man who has celebrate the retirement of Rudy Hanley. As a ment. exemplified the finest qualities of citizenship former State Senator and Congressman for f and leadership by taking an active part in the the last 30 years, I have met many people HONORING DAWSON MOHR Boy Scouts of America, Troop 360, and earn- along the way who are advocates for one ing the most prestigious award of Eagle Scout. cause or another, resources that I come to HON. SAM GRAVES Jackson has been very active with his troop, rely on for advice, supporters, and a few that OF MISSOURI participating in many scout activities. Over the become friends. But there are really very few, IN THE HOUSE OF REPRESENTATIVES many years Jackson has been involved with who become all of those things, and who are scouting, he has not only earned numerous trusted confidents, respected advisors, and Wednesday, February 5, 2014 merit badges, but also the respect of his fam- true friends. Rudy Hanley is all of those things Mr. GRAVES of Missouri. Mr. Speaker, I ily, peers, and community. Most notably, Jack- to me. proudly pause to recognize Dawson Mohr. son has contributed to his community through I’ve known Rudy since my days as a Cali- Dawson is a very special young man who has his Eagle Scout project. Jackson built a loafing fornia State Senator. I wasn’t the Chair of any exemplified the finest qualities of citizenship shed to protect the horses at the Northland committees, I wasn’t in leadership, but Rudy and leadership by taking an active part in the Therapeutic Riding Center, a local equine cen- came to talk to me about something that he Boy Scouts of America, Troop 360, and earn- ter for youth and adults with special needs. was passionate about—credit unions, and ing the most prestigious award of Eagle Scout. Mr. Speaker, I proudly ask you to join me in what they could do for their members, who Dawson has been very active with his troop, commending Jackson Mohr for his accom- were often low to middle income, and who participating in many scout activities. Over the plishments with the Boy Scouts of America sometimes needed a little extra help. many years Dawson has been involved with and for his efforts put forth in achieving the One of my favorite Rudy stories is that of scouting, he has not only earned numerous highest distinction of Eagle Scout. his ‘‘Turkey Loan.’’ One year, Rudy noticed merit badges, but also the respect of his fam- f that some of his members were having a hard ily, peers, and community. Most notably, Daw- time buying the groceries for their Thanks- son has contributed to his community through RECOGNIZING JEFFREY D. ROUCH giving dinner, because they didn’t get paid his Eagle Scout project. Dawson erected a until the following week. So, Rudy offered playground at the Northland Therapeutic HON. PATRICK J. TIBERI them a ‘‘Turkey Loan,’’ where they could come Riding Center, a local equine center for youth OF OHIO into the credit union, sign a piece of paper, and adults with special needs. Mr. Speaker, I proudly ask you to join me in IN THE HOUSE OF REPRESENTATIVES and walk out with a hundred dollars in cash to purchase their groceries. It wasn’t a formal commending Dawson Mohr for his accom- Wednesday, February 5, 2014 loan, but you know, Rudy told me that they plishments with the Boy Scouts of America Mr. TIBERI. Mr. Speaker, I rise today to rec- never had anyone who didn’t pay the loan and for his efforts put forth in achieving the ognize the life and accomplishments of Jeffrey back. And I think that was probably due in highest distinction of Eagle Scout. D. Rouch, on the occasion of his passing from large part to the fact that they respected Rudy, f this life to the next. and appreciated the fact that he respected PERSONAL EXPLANATION Jeff was an avid political and government them, and cared for them. affairs professional, spending twenty-one I also respect Rudy immensely. He is a man years of his career with the Nationwide Mutual of great integrity, who works hard, studies HON. JIM GERLACH OF PENNSYLVANIA Insurance Company. Jeff began his profes- hard, and who has been very successful in IN THE HOUSE OF REPRESENTATIVES sional career in the Pennsylvania Senate in life. But despite that success, he has never 1982 as the Director of Policy Development forgotten who he works for—and that is his Wednesday, February 5, 2014 and Research, before becoming the Director members. And he has continued to go above Mr. GERLACH. Mr. Speaker, unfortunately, of Government Affairs for the Insurance Fed- and beyond his job at the credit union, to ad- on February 3, 2014, I missed two recorded

VerDate Mar 15 2010 04:30 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.009 E05FEPT1 tjames on DSK3TPTVN1PROD with REMARKS February 5, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E171 votes on the House floor. Had I been present, to be actively involved with the organization at standards ensured that Congress received I would have voted ‘‘yea’’ on rollcall No. 32 the state level. She served with great distinc- timely and authoritative policy analysis of the and ‘‘yea’’ on rollcall No. 33. tion as state president and subsequently highest order. When he assumed a leadership f served as a national officer for several years. role at CRS, he focused his efforts on helping Eleanor’s devotion of time and effort to her to build a world-class team of managers, ana- HONORING THE LIFE OF community is second to none and since its in- lysts, and support staff designed to support KIMBERLY SUZANNE RATHER ception in 1974, she served the Marksville the rapidly evolving needs of Congress. No Chamber of Commerce in various capacities matter how demanding his day-to-day sched- HON. RALPH M. HALL and currently serves the Chamber with unwav- ule, he always found time to be a mentor, OF TEXAS ering dedication as secretary-treasurer. counselor and friend to others, whether it was IN THE HOUSE OF REPRESENTATIVES Eleanor also serves as a board member of to CRS staff, new congressional staffers, or the Avoyelles Society for the Developmentally Wednesday, February 5, 2014 newly-elected Members of Congress. His abil- Disabled, secretary of the Hypolite Bordelon ity to frame policy issues and organize re- Mr. HALL. Mr. Speaker, I rise today to pay Home Society and is on the board of directors search efforts for complex and multi-faceted tribute to a gifted educator and beloved mem- of the Avoyelles Commission on Tourism. She policy challenges, combined with his deft per- ber of the Rockwall community, Kimberly Su- served as chairwoman of Marksville’s birthday sonal touch, inspired the respect and loyalty of zanne Rather, who passed away on Novem- celebrations in the years of 1959, 1969, 1979, the entire Foreign Affairs, Defense, and Trade ber 29, 2013 at the age of 45. Born and raised 1989 and 1999, Marksville’s year of celebra- Division team. in Rockwall, Kimberly graduated from tion for the bicentennial in 2009 and the Dr. Edward Bruner leaves behind him not Rockwall High School and earned a scholar- Marksville July Fourth parade and activities, only a distinguished public service career but ship to Tyler Junior College where she was which is the longest running event of its kind a legacy of leadership and mentorship that will selected to be a member of the renowned in the State of Louisiana. She was named have a lasting impact on CRS. I ask my col- Apache Belles dance team. She then contin- Avoyellean of the year in 1969, Citizen of the leagues to join me in expressing our deepest ued her education at Stephen F. Austin where Year in 1974 and 1989, Woman of Excellence gratitude and appreciation to him for his 50 she graduated Summa Cum Laude with a by the Town Talk and the Rapides Foundation years of service to our nation. Bachelor’s in education. She began her teach- in 2005 and received a Lifetime Achievement f ing career in the Hurst Euless Bedford School Award at the Louisiana Tourism Promotion As- District and later taught in the Garland School sociation Summit in 2009. IN CELEBRATION OF 20 YEARS OF District. She then became an Educational Ms. Gremillion has earned the respect and TRADE RELATIONS BETWEEN Consultant with the Cheryl Cox Consulting admiration of everyone she has met along her THE UNITED STATES AND VIET- Firm, an organization which provides teachers journey. I ask my colleagues to join me in pay- NAM with educational materials to assist their stu- ing tribute to her years of dedication and dents with required state testing. In 2000, Kim- achievements. HON. ENI F.H. FALEOMAVAEGA berly retired to stay home with her three chil- f OF AMERICAN SAMOA dren. IN THE HOUSE OF REPRESENTATIVES We join Kimberly’s family—husband Chris TRIBUTE TO EDWARD BRUNER, Wednesday, February 5, 2014 and children CJ, Abby and Jacob, parents PH.D. Ron and Gale, brother, grandparents, aunts, Mr. FALEOMAVAEGA. Mr. Speaker, as a uncles, nieces, nephews and cousins—in re- HON. CHRIS VAN HOLLEN Vietnam veteran, I rise today to celebrate the membering her radiant smile and warm heart. OF MARYLAND 20th anniversary of Trade Relations between Kimberly Rather was a lovely and intelligent IN THE HOUSE OF REPRESENTATIVES the United States and Vietnam. young lady and successful at every cross- On February 3, 1994, President Bill Clinton Wednesday, February 5, 2014 roads she met all of her life. I ask the U.S. lifted the U.S. trade embargo against Vietnam House of Representatives to close today’s Mr. VAN HOLLEN. Mr. Speaker, I rise today and ushered in a new era of U.S.-Vietnam re- session in honor and remembrance of this tal- to salute the career of a distinguished servant lations, which led to the establishment of full ented and loved young lady. of Congress in the field of foreign affairs, de- diplomatic relations in 1995. These achieve- f fense and trade. Later this month, Edward ments were made possible by the support of Bruner, Ph.D., will retire from the Congres- Senator JOHN MCCAIN, then Senator John ELEANOR GREMILLION’S 90TH sional Research Service after 23 years of out- Kerry, and many other distinguished Ameri- BIRTHDAY standing service to the legislative branch. cans. Dr. Bruner joined CRS in 1991 after a 27- Today, U.S.-Vietnam relations are deeper HON. VANCE M. McALLISTER year career in the United States Army that and more diverse. In November 2000, Presi- OF LOUISIANA was highlighted by service in Vietnam, teach- dent Clinton became the first U.S. President to IN THE HOUSE OF REPRESENTATIVES ing Geography at the United States Military visit Vietnam since President Nixon’s 1969 trip Academy at West Point, and command of an to South Vietnam during the Vietnam War. Wednesday, February 5, 2014 armor battalion at Ft. Knox, Kentucky. From On July 25, 2013, President Truong Tan Mr. MCALLISTER. Mr. Speaker, I rise today 1991–94, he was a specialist in national de- Sang’s visit to the United States became only with great pride and pleasure to commemorate fense at CRS, where he advised on such top- the second by a Vietnamese head of state Ms. Eleanor Gremillion on the occasion of her ics as Army transformation and modernization, since the ‘‘normalization’’ in 1995. I was hon- 90th birthday. peacekeeping operations, and the appropriate ored to host President Sang on July 24, 2013 Eleanor was born and raised in Marksville size of the U.S. military. In 1994, in recogni- in Room S–115 of the U.S. Capitol at an event Louisiana. She graduated from Marksville High tion of his leadership abilities, he was asked to held one day prior to his visit with President School in 1940 and laid the groundwork for head the Defense Policy and Arms Control Barack Obama at the White House. her career in the finance business with her Section of the Foreign Affairs, Defense, and U.S. Senate Majority Leader HARRY REID first job in the office of an attorney. Ms. Trade Division, where he supervised the day- provided the venue for this historic meeting Gremillion worked as the manager of Gulfco to-day research activities of a team of senior which included a select, bipartisan group of Finance Company in Marksville for thirty-two CRS analysts and specialists. In 2004, he was five U.S. Senators and five Members of the years and served the company as vice presi- asked to assume a greater leadership role and U.S. House of Representatives. In an open dent, operations manager and was on the was named Deputy Assistant Director of the and frank conversation with President Sang, board of directors. Until the age limit forced Foreign Affairs, Defense, and Trade Division, we discussed trade, security, the East Sea, her to step down, she served as a director of where he has served for the past ten years. human rights, religious freedom, Agent Or- the Cottonport Bank for fifteen years. As civil Dr. Bruner’s tenure at CRS has been ange, Trans-Pacific Partnership (TPP) negotia- service director for the City of Marksville, marked by his unparalleled dedication to the tions, and many other topics of interest and Eleanor’s focus was to secure the best pos- U.S. Congress and the men and women of concern. President Sang and U.S. lawmakers sible employees for the town of Marksville. CRS’ Foreign Affairs, Defense and Trade Divi- expressed a deep commitment to strength- A daughter of a World War l veteran, Elea- sion. Whether as a national defense specialist, ening our bilateral relations, and I was person- nor has been a lifelong member of the Amer- Section Head, or, ultimately, as Deputy Assist- ally impressed by President Sang’s extraor- ican Legion Auxiliary and today, she continues ant Director, Dr. Bruner’s high professional dinary vision and leadership. President Sang

VerDate Mar 15 2010 04:30 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K05FE8.006 E05FEPT1 tjames on DSK3TPTVN1PROD with REMARKS E172 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2014 serves Vietnam with distinction, and I thank prosperity. I especially honor those who have IN RECOGNITION OF BRIDGE- him for all he has done to advance the U.S.- gone before us, because nothing we accom- WATER INTERIORS ON ITS DES- Vietnam relationship, a relationship which is plish is possible without the perseverance of IGNATION AS THE 2013 MINORITY based on mutual trust and understanding. those who went first. I also acknowledge the MANUFACTURER OF THE YEAR During my visit to Hanoi in December 2012, contributions of those unnamed who have BY THE U.S. DEPARTMENT OF I also had the privilege of meeting with Prime contributed in small and great ways to make COMMERCE Minister Nguyen Tan Dung and, on the occa- this day possible. sion of the 20th anniversary of trade relations The U.S.-Vietnam partnership is stronger HON. GARY C. PETERS between the U.S. and Vietnam, I wish to than it has ever been, and I would be remiss OF MICHIGAN praise him for the remarkable service he ren- if I did not attribute much of the strength of our IN THE HOUSE OF REPRESENTATIVES ders. His leadership has led to improved rela- partnership to the veterans from both sides tions between our two countries, and I ac- who have brought about change. While we Wednesday, February 5, 2014 knowledge his significant contributions. should not rest until the United States fully ad- Mr. PETERS of Michigan. Mr. Speaker, I I also acknowledge the contributions of dresses and rectifies the Agent Orange issue, rise to congratulate the executive team and Madam Tong Thi Phong, Vice-Chair of the Na- I am pleased for now that both governments employees of Bridgewater Interiors, LLC on tional Assembly, who I met again in December and our people are about the business of their company’s distinction as the 2013 Minor- 2012 while in Hanoi. Madam Phong is an ex- deepening U.S.-Vietnam ties. I am proud to be ity Manufacturer of the Year by the Minority ceptional leader and one of only two female part of this historic undertaking. I am proud to Business Development Agency of the U.S. members of Vietnam’s Politburo. I commend be a friend of Vietnam and, without doubt, I Department of Commerce. Madam Phong for the significant contributions believe the best is yet to come. she has made to her country and ours. Her The Greater Detroit region has a rich history of innovation and is a community that is made work is of great consequence. f I also recognize Vietnam’s Politburo which strong through the diversity of its residents. Launched in 1998, as a joint venture between is comprised of 16 members who are actively HONORING THE OHIO STATE Detroit-based Epsilon Technologies, LLC and engaged in promoting cooperation between UNIVERSITY MARCHING BAND the United States and Vietnam. The Polit- Johnson Controls, Inc., Bridgewater Interiors is buro’s past and present contributions to the bi- a modern embodiment of these legacies. From lateral relationship are the reason we are cele- HON. PATRICK J. TIBERI its local beginnings, the management team and employees of Bridgewater Interiors em- brating 20 years of trade relations between OF OHIO our two countries. barked on a commitment to deliver high qual- Having served in Vietnam during the War IN THE HOUSE OF REPRESENTATIVES ity products that range from automotive seat- ing systems to overhead systems and center and having since visited Vietnam on several Wednesday, February 5, 2014 occasions in my official capacity both as consoles. As a testament to its success, Chairman and Ranking Member of the House Mr. TIBERI. Mr. Speaker, I rise today to Bridgewater Interiors has grown into a national Foreign Affairs Subcommittee on Asia and the honor the accomplishments of The Ohio State Tier 1 supplier to the Big Three with over Pacific, I have seen Vietnam in many ways. I University Marching Band. Their outstanding 1,500 employees at four sites across the stand as a witness to the beauty, progress, innovation and halftime shows were recently country. goodness and strength of the U.S.-Vietnam featured in a national commercial for the Bridgewater Interiors prides itself on being a Comprehensive Partnership. Apple iPad that aired during the Super Bowl. goal-oriented organization that promotes and I have worked side-by-side with many of Since being founded in 1878, the all-brass recognizes the dedication of its employees. To Vietnam’s Ambassadors to the United States and percussion Marching Band at Ohio State promote high morale amongst its employees, and have acknowledged their work accord- has led the way by creating new techniques Bridgewater’s leadership team has created a ingly. But, on the occasion of the 20th anniver- and utilizing innovative technologies. Their work environment that is responsive to em- sary of trade relations between our two coun- iconic Script Ohio has in recent years been ployee concerns, creates an open-door policy tries, I pay special tribute to His Excellency joined by animated formations that seem to for access to senior management and that Ambassador Nguyen Quoc Cuong who I con- float across the field. strives to recognize employees for their con- sider to be a colleague, a friend, and a broth- tributions to their organization’s success. In Recently the Band gained more national support of its commitment to the ongoing train- er. prominence as their performances have gar- Ambassador Cuong represents the govern- ing of its workforce, Bridgewater Interiors pro- nered a lot of attention on YouTube. The vides its employees with a tuition reimburse- ment and people of Vietnam with full integrity Band’s halftime show on October 6, 2012, and unwavering commitment. In recognition of ment program for college studies. Given these celebrated many popular video games includ- commitments to product quality and its em- his tireless efforts in building a forward-looking ing Super Mario Bros., Tetris, and The Legend relationship between our two countries and, in ployees, it is little wonder that Bridgewater In- of Zelda, and has received over 16 million teriors has been named one of Metropolitan special consideration of our abiding friendship, views. I enter his name in the CONGRESSIONAL Detroit’s 101 Best and Brightest Companies to RECORD to stand as a testament of our work For the 2013 season, the Band began using Work for by the 101 Best and Brightest organi- together. iPads to learn formations more quickly and zation. I am thankful for the twists and turns of life more effectively, while saving money and As the leader of a certified Minority Busi- that have led me back and forth to Vietnam. paper. Seniors Ryan Barta and Charlie King ness Enterprise, Bridgewater Interiors’ Presi- I returned to Vietnam after 40 years and, at a deserve recognition for the idea, while the dent and CEO, Ron Hall, Sr. has been com- dinner hosted by the National Assembly of Band’s director, Jon Waters, deserves credit mitted to supporting diversity both within his Vietnam, I had long discussions with my coun- for embracing it. The project would not have company and the manufacturing industry. As a terparts who had also served in the Vietnam been possible without support from Ohio result of his commitment to the principles of War. Although we were once enemies, we State’s Digital First Impact Grant and its Office diversity, Mr. Hall effectively leveraged his embraced each other as friends who share the of Energy and the Environment. As a result, leadership at Bridgewater Interiors to hone the same hopes and dreams for our families, the 2013 season saw many halftime shows organization and mission of the Michigan Mi- friends and nations. We recognized that the grab national headlines, with tributes to Holly- nority Supplier Development Council—now broken times of Friday are behind us. Sunday wood and Michael Jackson receiving over 16 one of the premier minority business organiza- has come. Peace is here. million and almost 10 million views respec- tions in the country. In addition to his work And so, I applaud former President Bill Clin- tively. Their use of cutting-edge technology within the manufacturing industry, Mr. Hall ton, President George W. Bush, President while honoring the Band’s traditions has made serves as the Vice President of Minority Busi- Barack Obama, former U.S. Secretary of State it a well-respected part of Buckeye Nation. ness Development at New Detroit, Inc., the Hillary Clinton, Senator JOHN MCCAIN, former As an alumnus of the band, I am proud to nation’s first urban coalition, as well as taking Senator and now U.S. Secretary of State John extend heartfelt congratulations to all those a leading role at other local organizations, in- Kerry, members of the House and Senate who have helped The Ohio State University’s cluding the American Diabetes Association of and, on Vietnam’s part, President Sang, Prime Marching Band—The Best Damn Band in the Michigan, Southeastern Michigan Junior Minister Dung, the Politburo, and the National Land—continue to be such a complete and re- Achievement and St. John’s Hospital of Michi- Assembly for building a path of peace and sounding success! gan.

VerDate Mar 15 2010 04:30 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.014 E05FEPT1 tjames on DSK3TPTVN1PROD with REMARKS February 5, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E173 Mr. Speaker, I am honored to represent RECOGNIZING THE SOUTH LAKE 1861, as a ring of protection for the nation’s some of the brightest and most innovative in- PRESS ON ITS 100TH ANNIVER- capital and for President Abraham Lincoln. By dividuals and companies in our nation—indi- SARY OF PUBLICATION the end of the war, these defenses included viduals like Ron Hall, Sr., his leadership team 68 forts, 93 unarmed batteries, 807 mounted and the employees of Bridgewater Interiors. I HON. DANIEL WEBSTER cannons, 13 miles of rifle trenches, and 32 miles of military roads. The major test of the congratulate Mr. Hall and the employees of OF FLORIDA Civil War Defenses of Washington came with Bridgewater Interiors on their recognition as IN THE HOUSE OF REPRESENTATIVES the Shenandoah Valley Campaign of 1864, the 2013 Minority Manufacturer of the Year Wednesday, February 5, 2014 when Confederate Lieutenant General Jubal and I look forward to their continued success Mr. WEBSTER of Florida. Mr. Speaker, it is Early, directed by General Robert E. Lee, as we build the future of the American manu- my pleasure to recognize the South Lake sought to attack the nation’s capital from the facturing industry. Press on its 100th anniversary of publication. north, causing Union Forces threatening to at- The South Lake Press was founded in 1913 tack Richmond, the capital of the Confed- f by Mr. W.E. Rorabaugh as the Clermont Clar- eracy, to be withdrawn. General Early was de- ion. In 1921, Mr. John Lochner purchased the layed by Union Major General Lew Wallace at TRIBUTE TO WILLIAM Clarion and renamed it the South Lake Press the Battle of Monocacy on July 9, 1864, and OVERSTREET, JR. to reflect its news coverage of south Lake was stopped at the northern edge of Wash- County. Through changes in ownership and a ington at the Battle of Fort Stevens on July quickly evolving community, the publication 11–12, 1864. The Shenandoah Valley Cam- HON. BOB GOODLATTE has remained an integral piece of life in Lake paign ended when Union Lieutenant General County. OF VIRGINIA Philip Sheridan defeated General Early at the George and Ann Dupee bought the paper in Battle of Cedar Creek, Virginia, on October IN THE HOUSE OF REPRESENTATIVES 1968, and, after George passed away in 1986, 19, 1864. Ann continued to lead its publication until Nearly all the individual forts in the Civil De- Wednesday, February 5, 2014 1992. A passionate journalist and photog- fenses of Washington—on both sides of the Mr. GOODLATTE. Mr. Speaker, on behalf of rapher, Ann actively reported on local govern- Potomac and Anacostia Rivers—were involved myself and Representatives ROBERT HURT and ment, businesses, and the community at large. in stopping General Early’s attack, and the Ann’s dedication to the news is apparent in MORGAN GRIFFITH, I submit these remarks in Battle of Fort Stevens was the second and her extensive work throughout south Lake last attempt by the Confederate Army to attack honor of the remarkable life of William Over- County. To this day, she continues to write a Washington. street, Jr. and his dedicated service to the weekly column showcasing the South Lake Taken together, these battles were pivotal to United States of America. Press’ rich history in Central Florida. the outcome of the war and the freedom and Mr. Overstreet, a native of Clifton Forge, VA It is with sincere appreciation that I thank democracy that the war represented for this and a longtime resident of Roanoke, VA, was my friend Ann Dupee for her commitment to country. It is therefore fitting that we recognize a veteran of World War II. He served as a our community and the South Lake Press for these sites by redesignating them as a na- Captain in the U.S. Army Air Force with the a century of service to south Lake County. tional historic park as we commemorate the 357th Fighter Group. He flew more than 100 f 150th anniversary of the Civil War. I urge my colleagues to support the bill. missions in Europe. While on a mission in THE INTRODUCTION OF THE CIVIL 1944, Mr. Overstreet’s flight turned into a mo- WAR DEFENSES OF WASHINGTON f ment that will forever be captured in history. In NATIONAL HISTORICAL PARK IN RECOGNITION OF GUY pursuit of a German aircraft, Mr. Overstreet ACT EMANUELE JR. flew his plane beneath the arches of the Eiffel Tower in Nazi-occupied Paris, shooting down HON. ELEANOR HOLMES NORTON HON. ERIC SWALWELL the enemy plane. His actions were a source of OF THE DISTRICT OF COLUMBIA OF CALIFORNIA great encouragement and motivation for the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES French people and French Resistance troops Wednesday, February 5, 2014 Wednesday, February 5, 2014 on the ground. Ms. NORTON. Mr. Speaker, as we com- Mr. SWALWELL of California. Mr. Speaker, Mr. Overstreet received numerous honors memorate the 150th anniversary of the Civil today I rise to recognize the life and legacy of for his actions, including France’s Legion of War, my colleagues Representatives DONNA Guy Emanuele Jr., an exceptional educator Honor in 2009 from the French ambassador to EDWARDS, JIM MORAN and FRANK WOLF join and school administrator from Fremont, Cali- the United States at the National D-Day Me- me to introduce a bill to recognize and pre- fornia. Guy passed away on January 5, 2014, morial in Bedford, VA. When presenting the serve the Civil War Defenses of Washington at the age of 83. medal, the French ambassador lauded the ac- located in the District of Columbia, Virginia Guy’s long and distinguished career in edu- and Maryland. The defenses of Washington, cation began in 1956 when he began teaching tions of Mr. Overstreet and the role he played including forts, unarmed batteries and rifle at Barnard Junior High School in Union City, in the liberation of France. trenches, created a ring of protection for the California. In 1976, after 20 years of service Mr. Overstreet passed away on December nation’s capital during the Civil War. This bill as a teacher, school counselor, and adminis- 29, 2013 at the age of 92. To many in the Ro- would redesignate the 22 Civil War Defenses trator, he was hired as the superintendent of anoke community, he was known as a selfless of Washington currently under National Park New Haven Unified School District—a position man who was dedicated to serving others. For Service jurisdiction as a national historical which he held until his retirement in 1998. those who knew Mr. Overstreet, it was cer- park, and allow other sites associated with the During his tenure as superintendent, Guy tainly a well-deserved honor. Civil War Defenses of Washington that are was known for bringing leadership and stability owned by a unit of local government in Mary- to the school district. He also oversaw the ex- His heroic actions in the face of the enemy land, Virginia, or the District of Columbia to be pansion of the district, including the building of have inspired many and will live on in stories affiliated with the national historic park through several new schools and an alternative school. told of ‘‘The Greatest Generation’’ of Ameri- cooperative agreements. This bill would also Guy’s commitment to students can be seen cans who fought to preserve the principles we require the Secretary of the Interior to facilitate in his quote from a 2006 interview, during hold dear. As we remember the life of Mr. the storied history of the Civil War for both the which Guy stated his goal was ‘‘to educate the Overstreet and his valiant flight, it is a re- North and the South, including the history of whole man, not just in science and language, minder that we must always pay tribute to our the defenses of Washington and the Shen- but in music and athletics. That is part of de- veterans and active military who have made andoah Valley Campaign of 1864, being as- veloping a positive character, a good char- sembled, arrayed and conveyed for the benefit acter.’’ tremendous sacrifices to ensure that the of the public for the knowledge, education, His commitment to the arts and athletics, as United States of America remains a country and inspiration of this and future generations. well as many other extra-curricular activities where liberty and freedom prevail. The Civil War Defenses of Washington were that promote students’ academic involvement, constructed at the beginning of the war, in is illustrated by James Logan High School’s

VerDate Mar 15 2010 04:30 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.016 E05FEPT1 tjames on DSK3TPTVN1PROD with REMARKS E174 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2014 marching band and forensic team earning na- PERSONAL EXPLANATION Meetings scheduled for Thursday, tional recognition and its sports programs win- February 6, 2014 may be found in the ning numerous Mission Valley Athletic League HON. ADAM SMITH Daily Digest of today’s record. titles. OF WASHINGTON MEETINGS SCHEDULED After retiring in 1998, Guy was elected to IN THE HOUSE OF REPRESENTATIVES two terms on the Fremont School Board. Be- Wednesday, February 5, 2014 FEBRUARY 10 cause of his outstanding legacy of service, Mr. SMITH of Washington. Mr. Speaker, on 6 p.m. Union City named Guy Emanuele Jr. Elemen- Monday, February 3 and Tuesday, February 4, Committee on Armed Services tary School in his honor. 2014, I was unable to be present for recorded Business meeting to consider S. 1856, to votes. Had I been present, I would have repeal section 403 of the Bipartisan The communities of Union City and Fremont Budget Act of 2013, relating to an an- have lost an outstanding educator, but Guy voted: ‘‘yes’’ on rollcall vote No. 32 (on the nual adjustment of retired pay for motion to suspend the rules and pass H.R. leaves his school district and community better members of the Armed Forces under 1791, as amended); ‘‘yes’’ on rollcall vote No. prepared to provide an excellent education to the age of 62. 33 (on the motion to suspend the rules and TBA all students. pass H.R. 357, as amended); ‘‘no’’ on rollcall I want to express my deepest condolences vote No. 34 (on ordering the previous question FEBRUARY 11 to Guy’s wife, Kay Emanuele, daughters on H. Res. 470); and ‘‘no’’ on rollcall vote No. 9 a.m. Rosalyn Reasor and Lisa Lockyer, sons Guy 35 (on agreeing to the resolution H. Res. 470). Committee on the Judiciary To hold hearings to examine certain Emanuele III and Pete Emanuel, as well as f nominations. his eight grandchildren. Guy will be dearly DELTA DAYS AT THE NATIONAL SD–226 missed. CAPITAL 9:30 a.m. Committee on Armed Services f To hold hearings to examine current and HON. MARCIA L. FUDGE future worldwide threats to the na- INTRODUCTION OF FAMILY AND OF OHIO tional security of the United States; MEDICAL LEAVE ENHANCEMENT IN THE HOUSE OF REPRESENTATIVES with the possibility of a closed session ACT Wednesday, February 5, 2014 in SVC–217 following the open session. SD–G50 Ms. FUDGE. Mr. Speaker, I rise to honor 10 a.m. the women of Delta Sigma Theta Sorority, In- Committee on Foreign Relations HON. CAROLYN B. MALONEY corporated as they use their collective strength To hold hearings to examine prospects for Democratic reconciliation and OF NEW YORJK to engage in public advocacy during Delta Days in the Nation’s Capital. workers’ rights in Bangladesh. IN THE HOUSE OF REPRESENTATIVES 101 years ago, Delta Sigma Theta Sorority, SD–419 Committee on Health, Education, Labor, Wednesday, February 5, 2014 Incorporated’s 22 trailblazing Founders started and Pensions an organization of college educated women To hold hearings to examine the nomina- Mrs. CAROLYN B. MALONEY of New York. devoted to sisterhood, scholarship and serv- tions of Christopher P. Lu, of Virginia, Mr. Speaker, far too often, families feel con- ice. to be Deputy Secretary, and Portia Y. stant competing pressure between home and Since 1989, women of Delta from across Wu, of the District of Columbia, to be work life. Since being signed into law in 1993 the country gather annually to hold their rep- Assistant Secretary for Employment and Training, both of the Department by President Clinton, the Family and Medical resentatives accountable and stand up for the issues critical to their communities and our of Labor. Leave Act has been used 100 million times by country. Delta Days in the Nation’s Capital, a SD–430 men and women across the United States to 10:30 a.m. creation of the sorority’s National Social Action Committee on the Budget meet these dual demands. These individuals Commission, ensures the members of the so- and their families have benefited from up to 12 To hold hearings to examine the budget rority are active participants in the public pol- and economic outlook for fiscal years weeks of job protected unpaid work leave to icy-making process. 2014–2024. care for new children or to help a loved one I am proud of the legacy and expectation of SD–608 or the individual recover from a serious health activism that forms the backbone of this soror- condition. ity. FEBRUARY 12 Today, 21 years later, federal workplace I welcome my Sorors to the Nation’s Capital 10 a.m. as they work for change in their communities. Committee on the Judiciary policies have not kept pace with work and To hold an oversight to examine the re- f family life needs. As a result, many families port of the Privacy and Civil Liberties must unfairly prioritize work and family duties. SENATE COMMITTEE MEETINGS Oversight Board on Reforms to the It is time to enhance this legislation so that Title IV of Senate Resolution 4, Section 215 telephone records program more families can access leave to help loved and the Foreign Intelligence Surveil- agreed to by the Senate of February 4, lance Court. ones who need their assistance. That is why 1977, calls for establishment of a sys- SD–226 I am introducing the Family and Medical tem for a computerized schedule of all Committee on Rules and Administration Leave Enhancement Act. This legislation will meetings and hearings of Senate com- To hold hearings to examine bipartisan expand the Family and Medical Leave Act so mittees, subcommittees, joint commit- support for improving United States that it covers businesses with 25 or more em- tees, and committees of conference. elections, focusing on an overview from ployees, from the current threshold of 50 or This title requires all such committees the Presidential Commission on Elec- to notify the Office of the Senate Daily tion Administration. more employees. It also provides up to 24 SR–301 hours each year of unpaid Parental Involve- Digest—designated by the Rules Com- Special Committee on Aging ment and Family Wellness. This new addition mittee—of the time, place and purpose Committee on Small Business and Entre- allows parents and grandparents to attend to of the meetings, when scheduled and preneurship parent-teacher conferences and to take their any cancellations or changes in the To hold a joint hearing to examine the children, grandchildren, or other family mem- meetings as they occur. challenges and advantages of senior en- As an additional procedure along trepreneurship. bers to the doctor for regular medical or dental with the computerization of this infor- SD–562 appointments. mation, the Office of the Senate Daily 2:30 p.m. We as a country must show we truly value Digest will prepare this information for Committee on Indian Affairs families by investing in our workforce and im- To hold an oversight hearing to examine printing in the Extensions of Remarks the Indian Law and Order Commission plementing new policies that support working section of the CONGRESSIONAL RECORD Report, focusing on a roadmap for parents and grandparents. I urge my col- on Monday and Wednesday of each making Native America safer. leagues to support this important legislation. week. SD–628

VerDate Mar 15 2010 04:30 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.020 E05FEPT1 tjames on DSK3TPTVN1PROD with REMARKS Wednesday, February 5, 2014 Daily Digest Senate Chamber Action Committee Meetings The Senate was not in session and stands ad- No committee meetings were held. journed until 9:30 a.m. on Thursday, February 6, 2014. h House of Representatives yeas to 154 nays, Roll No. 41. Consideration of the Chamber Action measure began yesterday, February 4th. Public Bills and Resolutions Introduced: 14 pub- Pages H1611–15 lic bills, H.R. 20, 3992–4004; and 1 resolution, H. Rejected the Sean Patrick Maloney (NY) motion Res. 474 were introduced. Pages H1657–59 to recommit the bill to the Committee on Natural Additional Cosponsors: Pages H1659–60 Resources with instructions to report the same back Report Filed: Reports were filed today as follows: to the House forthwith with an amendment, by a re- H.R. 3683, to amend the Energy Independence corded vote of 187 ayes to 231 noes, Roll No. 40. and Security Act of 2007 to improve United States- Pages H1613–14 Israel energy cooperation, and for other purposes (H. Rejected: Rept. 113–341, Pt. 1) and DeFazio amendment (No. 6 printed in H. Rept. H.R. 3448, to amend the Securities Exchange Act 113–339) that was debated on February 4th that of 1934 to provide for an optional pilot program al- sought to strike the National Environmental Policy lowing certain emerging growth compasnies to in- Act waivers in the bill (by a recorded vote of 185 crease the tick sizes of their stocks, with an amend- ayes to 237 noes, Roll No. 38) and Pages H1611–12 ment (H. Rept. 113–342). Page H1657 Holt amendment (No. 10 printed in H. Rept. 113–339) that was debated on February 4th that Speaker: Read a letter from the Speaker wherein he sought to promote the Secretary of the Interior’s au- appointed Representative Ribble to act as Speaker thority to consider climate change when making de- pro tempore for today. Page H1595 cisions related to recreation and conservation on pub- Recess: The House recessed at 10:27 a.m. and re- lic lands (by a recorded vote of 181 ayes to 242 convened at 12 noon. Page H1598 noes, Roll No. 39). Page H1612 Chaplain: The prayer was offered by the guest chap- H. Res. 470, the rule providing for consideration lain, Reverend Dr. Andrew Chaney, First and Cal- of the bill, was agreed to yesterday, February 4th. vary Presbyterian Church, Springfield, Missouri. Sacramento-San Joaquin Valley Emergency Page H1598 Water Delivery Act: The House passed H.R. 3964, Journal: The House agreed to the Speaker’s approval to address certain water-related concerns in the Sac- of the Journal by voice vote. Page H1598 ramento-San Joaquin Valley, by a recorded vote of 229 ayes to 191 noes, Roll No. 50. Sportsmen’s Heritage And Recreational Enhance- Pages H1602–11, H1615–48 ment Act: The House passed H.R. 3590, to protect Rejected the Garamendi motion to recommit the and enhance opportunities for recreational hunting, bill to the Committee on Natural Resources with in- fishing, and shooting, by a yea-and-nay vote of 268 structions to report the same back to the House D119

VerDate Mar 15 2010 05:00 Feb 06, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D05FE4.REC D05FEPT1 tjames on DSK3TPTVN1PROD with DIGEST D120 CONGRESSIONAL RECORD — DAILY DIGEST February 5, 2014 forthwith with an amendment, by a recorded vote of funding Acts of 2009, including SB7x–1, SB7x–2, 191 ayes to 231 noes, Roll No. 49. Pages H1646–47 SB7x–6, and SB7x–7 (by a recorded vote of 189 ayes Pursuant to the rule, an amendment in the nature to 231 noes, Roll No. 46); Pages H1637–38, H1644 of a substitute consisting of the text of Rules Com- McNerney amendment (No. 7 printed in part B mittee Print 113–34 shall be considered as an origi- of H. Rept. 113–340) that sought to prevent several nal bill for the purpose of amendment under the provisions of the Act from taking effect until it is five-minute rule. Page H1624 determined that it will not harm water quality or Agreed to: water availability for agricultural producers in Cali- DeFazio amendment (No. 5 printed in part B of fornia’s Delta region (Contra Costa, Sacramento, San H. Rept. 113–340) that establishes the Governor of Joaquin, Solano, and Yolo Counties) (by a recorded California’s emergency drought declaration, issued vote of 193 ayes to 230 noes, Roll No. 47); and January 17, 2014, as a formal request to the Sec- Pages H1638–39, H1644–45 retary of Commerce to issue a determination, using Peters (CA) amendment (No. 8 printed in part B her authority under Section 312 of the Magnuson- of H. Rept. 113–340) that sought to stipulate that Stevens Act, that a fishery resource disaster has oc- the bill cannot go into effect until the Secretary con- curred for fisheries that originate in the State of firms that the act does not adversely affect any com- California. Pages H1636–37 munity’s water supply or water budget (by a re- Rejected: corded vote of 192 ayes to 231 noes, Roll No. 48). Napolitano amendment (No. 1 printed in part B Pages H1639–41, H1645 of H. Rept. 113–340) that sought to remove the H. Res. 472, the rule providing for consideration subsidy to agricultural loans and require that interest of the bills (H.R. 2954) and (H.R. 3964), was be repaid on the capital costs of a project. Currently, agreed to by a recorded vote of 229 ayes to 190 agriculture has 40 years to repay capital cost, interest noes, Roll No. 37, after the previous question was free. Other constituencies, such as municipal entities, ordered by a yea-and-nay vote of 226 yeas to 196 are required by law to pay interest (by a recorded nays, Roll No. 36. Pages H1602–11 vote of 179 ayes to 239 noes, Roll No. 42); Meeting Hour: Agreed that when the House ad- Pages H1631–32, H1641–42 journs today, it adjourn to meet at 9 a.m. tomorrow, Matsui amendment (No. 2 printed in part B of H. February 6th. Page H1648 Rept. 113–340) that sought to explain that Section 107 will not suspend ‘‘b2’’ water (800,000 acre feet) Quorum Calls—Votes: Two yea-and-nay votes and that was allocated in the 1992 Central Valley Project 13 recorded votes developed during the proceedings Improvement Act. Senior water rights holders in the of today and appear on pages H1610, H1610–11, Delta or north of Delta shall not be responsible for H1611–12, H1612, H1614, H1614–15, H1641–42, the project yield allocation or B2 water (by a re- H1642, H1642–43, H1643–44, H1644, H1644–45, corded vote of 193 ayes to 228 noes, Roll No. 43); H1645, H1647 and H1648. There were no quorum Pages H1632–34, H1642 calls. Bera amendment (No. 3 printed in part B of H. Adjournment: The House met at 10 a.m. and ad- Rept. 113–340) that sought to delay implementa- journed at 7:50 p.m. tion of the act until it is determined that it will not have a negative impact on the quantity, quality, and Committee Meetings safety of drinking water in the California Delta re- gion (by a recorded vote of 194 ayes to 226 noes, CONGRESSIONAL BUDGET OFFICE’S Roll No. 44); Pages H1634–35, H1642–43 BUDGET AND ECONOMIC OUTLOOK Capps amendment (No. 4 printed in part B of H. Committee on the Budget: Full Committee held a hear- Rept. 113–340) that sought to require GAO to con- ing entitled ‘‘The Congressional Budget Office’s duct a study on the resiliency and adaptability of all Budget and Economic Outlook’’. Testimony was Bureau of Reclamation projects and facilities to any heard from Douglas W. Elmendorf, Director, Con- ongoing or forecasted changes to the quality, quan- gressional Budget Office. tity, or reliability of water resources (by a recorded vote of 194 ayes to 227 noes, Roll No. 45); FOUNDATION FOR SUCCESS: DISCUSSING Pages H1635–36, H1643–44 EARLY CHILDHOOD EDUCATION AND Huffman amendment (No. 6 printed in part B of CARE IN AMERICA H. Rept. 113–340) that sought to prevent provisions Committee on Education and the Workforce: Full Com- of the bill from taking effect until it has been deter- mittee held a hearing entitled ‘‘Foundation for Suc- mined that it will not interfere with the State of cess: Discussing Early Childhood Education and Care California’s Delta and water management reform and in America’’. Testimony was heard from Kay E.

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Housing and Urban Development, and Arun Madhavan Board, and proposed resolutions relating to the General Kumar, of California, to be Assistant Secretary of Com- Services Administration, 10:30 a.m., SD–406. merce and Director General of the United States and For- Committee on Finance: business meeting to consider the eign Commercial Service; to be immediately followed by nomination of Karen Dynan, of Maryland, to be Assistant an oversight hearing to examine financial stability and Secretary of the Treasury, Time to be announced, Room data security, 10 a.m., SD–538. to be announced. Committee on Energy and Natural Resources: to hold hear- Committee on Foreign Relations: to hold hearings to exam- ings to examine S. 1784, to improve timber management ine the nominations of Luis G. Moreno, of Texas, to be on Oregon and California Railroad and Coos Bay Wagon Ambassador to Jamaica, John L. Estrada, of Florida, to be Road grant land, and S. 1966, to provide for the restora- Ambassador to the Republic of Trinidad and Tobago, and tion of the economic and ecological health of National Noah Bryson Mamet, of California, to be Ambassador to Forest System land and rural communities, 9:30 a.m., the Argentine Republic, all of the Department of State, SD–366. 2:30 p.m., SD–419. Committee on Environment and Public Works: business Committee on Health, Education, Labor, and Pensions: to meeting to consider H.R. 1206, to grant the Secretary of hold hearings to examine supporting children and fami- the Interior permanent authority to authorize States to lies through investments in high-quality early education, issue electronic duck stamps, S. 741, to extend the au- 10 a.m., SD–430. thorization of appropriations to carry out approved wet- Committee on Homeland Security and Governmental Affairs: lands conservation projects under the North American business meeting to resume consideration of S. 1486, to Wetlands Conservation Act through fiscal year 2017, S. improve, sustain, and transform the United States Postal 212, to approve the transfer of Yellow Creek Port prop- Service, 10 a.m., SD–342. erties in Iuka, Mississippi, S. 864, to amend the Safe Committee on the Judiciary: business meeting to consider Drinking Water Act to reauthorize technical assistance to S. 1675, to reduce recidivism and increase public safety, small public water systems, H.R. 724, to amend the S. 149, to provide effective criminal prosecutions for cer- Clean Air Act to remove the requirement for dealer cer- tain identity thefts, and the nominations of Indira tification of new light-duty motor vehicles, S. 51, to re- Talwani, to be United States District Judge for the Dis- authorize and amend the National Fish and Wildlife trict of Massachusetts, James D. Peterson, to be United Foundation Establishment Act, S. 970, to amend the States District Judge for the Western District of Wis- Water Resources Research Act of 1984 to reauthorize consin, Nancy J. Rosenstengel, to be United States Dis- grants for and require applied water supply research re- trict Judge for the Southern District of Illinois, and Debo garding the water resources research and technology insti- P. Adegbile, of New York, and John P. Carlin, of New tutes established under the Act, S. 898, to authorize the York, both to be an Assistant Attorney General, Depart- Administrator of General Services to convey a parcel of ment of Justice, 10 a.m., SD–226. real property in Albuquerque, New Mexico, to the Amy Select Committee on Intelligence: with the Committee on Biehl High School Foundation, S. 969, to amend the Armed Services, to hold a closed joint hearing to examine Neotropical Migratory Bird Conservation Act to reauthor- counterterrorism policy in review of the Defense Author- ize the Act, S. 1077, to amend the Chesapeake Bay Ini- tiative Act of 1998 to provide for the reauthorization of ization Request for fiscal year 2015 and the Future Years the Chesapeake Bay Gateways and Watertrails Network, Defense Program, 2:30 p.m., SVC–217. S. 1865, to amend the prices set for Federal Migratory House Bird Hunting and Conservation Stamps and make limited waivers of stamp requirements for certain users, S. 1451, Committee on Homeland Security, Subcommittee on Over- to provide for environmental restoration activities and for- sight and Management Efficiency, hearing entitled ‘‘Ex- est management activities in the Lake Tahoe Basin, to amining Challenges and Wasted Taxpayer Dollars in amend title 18, United States Code, to prohibit the im- Modernizing Border Security IT Systems’’, 10 a.m., 311 portation or shipment of quagga mussels, S. 1080, to Cannon. amend and reauthorize certain provisions relating to Long Committee on Oversight and Government Reform, Sub- Island Sound restoration and stewardship, and the nomi- committee on Economic Growth, Job Creation and Regu- nations of Victoria Marie Baecher Wassmer, of Illinois, to latory Affairs, hearing entitled ‘‘The IRS Targeting Inves- be Chief Financial Officer, Thomas A. Burke, of Mary- tigation: What is the Administration Doing?’’, 9:30 a.m., land, to be an Assistant Administrator, and Kenneth J. 2154 Rayburn. Kopocis, of Virginia, to be an Assistant Administrator, Committee on Small Business, Subcommittee on Agri- all of the Environmental Protection Agency, Roy K. J. culture, Energy and Trade, hearing entitled ‘‘Duplication, Williams, of Ohio, to be Assistant Secretary of Commerce Overlap and Fragmentation in Federal Financial Assist- for Economic Development, Rhea Sun Suh, of Colorado, ance Programs’’, 10 a.m., 2360 Rayburn. to be Assistant Secretary of the Interior for Fish and House Permanent Select Committee on Intelligence, Wildlife, Richard J. Engler, of New Jersey, to be a Mem- Full Committee, business meeting on member access re- ber of the Chemical Safety and Hazard Investigation quests, 9 a.m., HVC–304. This is a closed meeting.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, February 6 9 a.m., Thursday, February 6

Senate Chamber House Chamber Program for Thursday: Senate will resume consideration Program for Thursday: Consideration of H.R. 2954— of S. 1845, Unemployment Benefits Extension, with a Authorizing Escambia County, Florida, to convey certain vote on the motion to invoke cloture on Reid (for Reed) property that was formerly part of Santa Rosa Island Na- Amendment No. 2714 at 11 a.m. The filing deadline for tional Monument (Subject to a Rule). first-degree amendments to the bill will be at 9:45 a.m., and the filing deadline for second-degree amendments to Reid (for Reed) Amendment No. 2714 and to the bill will be at 10:45 a.m. Also, Senate expects to consider the nomination of Sen- ator Max Sieben Baucus, to be Ambassador to the Peo- ple’s Republic of China.

Extensions of Remarks, as inserted in this issue

HOUSE Goodlatte, Bob, Va., E173 Norton, Eleanor Holmes, D.C., E173 Graves, Sam, Mo., E165, E167, E170, E170 Peters, Gary C., Mich., E172 Capito, Shelley Moore, W.Va., E169 Grayson, Alan, Fla., E166 Royce, Edward R., Calif., E170 Coffman, Mike, Colo., E170 Hall, Ralph M., Tex., E171 Smith, Adam, Wash., E166, E174 Denham, Jeff, Calif., E169 Huffman, Jared, Calif., E165 Swalwell, Eric, Calif., E173 Duncan, John J., Tenn., E167 McAllister, Vance M., La., E171 Tiberi, Patrick J., Ohio, E170, E172 Faleomavaega, Eni F.H., American Samoa, E171 McClintock, Tom, Calif., E165 Van Hollen, Chris, Md., E165, E171 Fudge, Marcia L., Ohio, E174 Maloney, Carolyn B., N.Y., E174 Webster, Daniel, Fla., E173 Gerlach, Jim, Pa., E170 Messer, Luke, Ind., E167 Wolf, Frank R., Va., E168

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