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

Vol. 162 WASHINGTON, TUESDAY, APRIL 19, 2016 No. 60 House of Representatives The House met at 10 a.m. and was But 9/11 was 15 years ago. The threats vest in camera systems that protect called to order by the Speaker pro tem- we face today are vastly different than against terror attacks and have low- pore (Ms. ROS-LEHTINEN). the threats we faced then. It is time we ered crime by 50 percent, has been re- f reprioritize resources to confront this duced by over 60 percent. And Buffer new reality. Zone Protection grants, which once DESIGNATION OF SPEAKER PRO The recent terror attacks in Brussels helped cities defend critical infrastruc- TEMPORE and Paris confirm that one of our larg- ture like stadiums, are no longer fund- The SPEAKER pro tempore laid be- est security vulnerabilities is soft tar- ed. fore the House the following commu- gets, relatively unprotected venues To the detriment of our security, nication from the Speaker: where large groups of people gather. many of my House colleagues have Soft targets include places we all fre- championed the harmful, across-the- WASHINGTON, DC, board spending cuts of sequestration April 19, 2016. quent, like airports, transit systems, I hereby appoint the Honorable ILEANA stadiums, restaurants, and shopping that restrict our intelligence and law ROS-LEHTINEN to act as Speaker pro tempore malls. They are easy to attack and dif- enforcement capabilities and, in 2014, on this day. ficult to protect. forced a hiring freeze at the FBI. They PAUL D. RYAN, The recent attacks also showed that champion these cuts even as the Sec- Speaker of the House of Representatives. threats are becoming harder to detect. retary of Defense calls sequestration f The ability to collect intelligence on the ‘‘biggest strategic danger’’ to our national security, and the Chairman of MORNING-HOUR DEBATE terrorist intentions and terror plots is more challenging because of new the Joint Chiefs argues it poses a The SPEAKER pro tempore. Pursu- encryption technology and the reliance greater threat to national security ant to the order of the House of Janu- on lone-wolf attacks. than Russia, China, North Korea, Iran, ary 5, 2016, the Chair will now recog- Because specific and credible threats and ISIS. Last year, the House majority took nize Members from lists submitted by are increasingly more difficult to un- the budget irresponsibility even fur- the majority and minority leaders for cover, we need to redouble our efforts morning-hour debate. ther by threatening to shut down the and reprioritize our funding to reduce Department of Homeland Security over The Chair will alternate recognition our vulnerabilities. Yet, alarmingly, between the parties, with each party a partisan fight over immigration. All current funding for the Federal pro- the while, Congress continues to limited to 1 hour and each Member grams designed to keep America safe other than the majority and minority prioritize billions in funding to respond fails to meet the new and growing to threats posed by a cold war that leaders and the minority whip limited threats we face. to 5 minutes, but in no event shall de- ended decades ago. The primary responsibility of the For example, we are spending $350 bate continue beyond 11:50 a.m. Federal Government under the Con- billion over the next decade on our out- f stitution is to ‘‘provide for the com- dated nuclear weapons policy. By sim- mon defense,’’ but, in recent years, HOMELAND SECURITY ply eliminating our strategically obso- Congress has made significant cuts to lete stockpile of ICBMs, we could free The SPEAKER pro tempore. The the Homeland Security programs that up $2.6 billion a year, money that could Chair recognizes the gentleman from were designed to protect things like be spent on intelligence, cybersecurity, Illinois (Mr. QUIGLEY) for 5 minutes. soft targets. Since the majority took and homeland security. Mr. QUIGLEY. Madam Speaker, in over the House in 2010, Homeland Secu- While the goal of our intelligence and today’s world, the threats we face are rity grants to help States and local- law enforcement communities to deter, constantly changing. Our ability to ities protect against and respond to detect, and prevent terror attacks re- keep America safe relies on our capac- terror attacks have been cut in half. mains the same, how we accomplish ity to adapt quickly to these new and Urban Areas Security Initiative and fund that goal must continue to evolving threats. grants, which large cities like my evolve to meet the new challenges we In the years following 9/11, the U.S. hometown of Chicago use to invest in face. made significant changes to our intel- the training and equipment necessary Protecting against new and evolving ligence and law enforcement capabili- to respond to their unique security threats will not necessarily require ad- ties that have stopped over 60 terror threats, have been cut by over $200 mil- ditional spending, but it will require plots against the U.S. and saved count- lion. Transit security funding, used by smarter spending. When it comes to na- less American lives. the Chicago Transit Authority to in- tional security, we must continue to

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

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VerDate Sep 11 2014 02:34 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A19AP7.000 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1806 CONGRESSIONAL RECORD — HOUSE April 19, 2016 ask ourselves what really keeps Amer- process which included all stake- FAILURE TO PASS A BUDGET ica safe in today’s world. holders. I am talking about the rules, The SPEAKER pro tempore. The f like the Clean Power Plan, endorsed by Chair recognizes the gentlewoman from radical environmental groups with no REINING IN GOVERNMENT: A NEW Connecticut (Ms. ESTY) for 5 minutes. reasonable knowledge of what afford- ATTITUDE AND A NEW DAY Ms. ESTY. Madam Speaker, last Fri- able energy means to people who live day, this House blew right through the The SPEAKER pro tempore. The paycheck to paycheck and follow an statutory deadline to enact a budget Chair recognizes the gentleman from ideology of their own. resolution. Florida (Mr. YOHO) for 5 minutes. To blunt these rules, Congress must Let’s set aside, for a moment, the Mr. YOHO. Madam Speaker, it is a have a tool that truly is a check on the fact that passing a budget last Friday great day here in America. executive, one that forces the execu- was required by law. The real injustice Four years ago I came to Congress tive and legislative branch to work to the American people is that Con- with a desire to change the business-as- things out together. gress has once again failed to fulfill the usual politics in Washington, D.C. That One tool that scholars repeatedly pay most basic responsibilities that the road has been tough, but change has lip service to is the power of the purse. American people sent us here to carry been achieved. My efforts, along with We talk about it all the time, but we out. the efforts of like-minded colleagues, don’t see it in action. While histori- A budget is supposed to reflect the changed the leadership of this House cally being an important tool to en- values of the American people. It for the better. There has been a re- force the will of Congress, nowadays, a should be a roadmap of Congress’ plan newed work ethic and excitement to fight over spending devolves into a for supporting working families, cre- set forth an agenda for the American blame game over shutting down the ating middle class jobs, and strength- people that puts them first, not Big government. It is a black eye to our ening our education system. It should Government, not Big Business. There is system of government; it is a black eye be a roadmap for lifting barriers to op- truth in the saying: Do not grow weary to the notion of stability; and it is an portunity, supporting our Nation’s in well doing. insult to the American people and fur- innovators, and helping startups and Madam Speaker, with positive incre- thers the dysfunction of this great in- small businesses to get off the ground. mental changes taking hold, the key- stitution. It should be a roadmap for keeping stone to our success will be a change in Americans safe at home and abroad. leadership at 1600 Pennsylvania Ave- The balance of power in our govern- ment is out of alignment, and it is up Now, let’s be clear. The proposal that nue. Our current administration has came out of the Budget Committee did done everything it can to avoid work- to us in Congress to reclaim what used to be ours—the legislative veto. The none of these things. Dismantling ing with Congress. Time and again, Re- Medicare won’t improve our economic publicans have sent legislation to the legislative veto used to be a potent check on the executive branch for the security. Abandoning public schools President’s desk on behalf of the Amer- won’t lift barriers to opportunity. ican people, only to have each one of better part of the 20th century. How- ever, a broad ruling by the United But the way forward is not to simply them vetoed. With every veto, the throw up our hands and abandon the President casts aside the will of the States Supreme Court in 1983, INS v. Chadha, nullified the legislative veto budget process entirely. A budget is very people who elected us to serve, not a political exercise. We don’t pass telling them, essentially: I know what in over 280 statutes. This was a sweep- ing decision, one that both handed budgets when doing so is easy and walk is best for you. Or he rules with a pen away from our jobs when it gets hard. and a phone. more authority to the executive branch while limiting Congress’ ability to Republicans and Democrats need to Every Member of Congress takes come together to craft a budget that their work and the work of the Amer- stand up to Federal bureaucracies. In his dissent, Justice Byron White, reflects the priorities of the American ican people seriously as Representa- people, a bipartisan budget that envi- tives and as a legislative body. If this who was nominated to the Court by President Kennedy, correctly identified sions a smarter, leaner government, administration, in their remaining one that creates predictability and sup- time in office, doesn’t want to work the fallout from the decision, and I quote: ‘‘Without the legislative veto, port for good-paying jobs and increases with Congress on anything, then the opportunity for all. Republicans in the House and the Sen- Congress is faced with a Hobson’s ate must take action to address the choice: either to refrain from dele- b 1015 issues facing the American people. gating the necessary authority, leaving We need a budget to rebuild America Due to the President’s policy of itself with a hopeless task of writing by investing in our transportation and stonewalling Congress, the legislation laws with the requisite specificity to infrastructure. I worked very hard to that we have passed has no chance of cover endless special circumstances successfully pass the 5-year highway gaining his signature. Compromise, across the entire policy landscape or, bill that was signed into law late last once accepted as a means to accom- in the alternative, to abdicate its law- year. plish the greater good, now seems to be making function to the executive But according to the American Soci- a thing of the past. The executive branch and independent agencies. To ety of Civil Engineers, the United branch, whether held by Democrats or choose the former leaves major na- States needs to invest more than $3.6 Republicans, has grown accustomed to tional problems unresolved; to opt for trillion by 2020 to bring our infrastruc- exercising unilateral power to reinter- the latter risks unaccountable policy- ture up to basic standards. pret existing law and twist it to fit its making by those not elected to fill that Nowhere is this truer than in my own ideology. role.’’ home State of Connecticut where we Again, I want to repeat. The execu- As members of the legislative branch, have some of the oldest infrastructure tive branch, whether held by Repub- we all must take this seriously. We in the country and where we rely on licans or Democrats, has used that may be in the middle an election year, Federal funding to fix crumbling roads, power and twisted it to fit its own ide- but if we play party politics when it bridges, and transit systems. ology. comes to the struggle between the ex- Our budget should encourage innova- Congress has no answer to the au- ecutive and the legislative power, nei- tion and entrepreneurship. Connecticut thoritative rulemaking process used by ther party wins, and the American peo- has a long, proud manufacturing tradi- government agencies today. Madam ple lose. What is at stake, and more tion. We are home to 5,000 manufactur- Speaker, we need to reestablish a important than party politics, is the ers, many of them small and family check on those agencies that are will- survival of our very form of govern- owned, and I know they can compete ingly disrupting business across Amer- ment, a constitutional Republic. with anyone if they have a level play- ica. This is the time to come together, ing field. We need a budget that helps I am not talking about rules that not as Republicans or Democrats, but us create one. were crafted with an understanding of as Americans, to bring this power Supporting innovators means invest- the industry and a truly thoughtful back. ing not just in infrastructure, but in

VerDate Sep 11 2014 02:34 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.002 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1807 infostructure, our electrical grid and Madam Speaker, I include in the he had approved of programs without know- the physical building blocks of the RECORD an article titled, ‘‘Report cites ing their cost. Brinkley told investigators on Internet, which are vital to the success wasted Pentagon money in Afghani- Dec. 17 that his task force had no con- of startups and small businesses stan.’’ tracting authority, relying instead on career military officials to make deals within gov- throughout the country. [From USATODAY.com, Jan. 20, 2016] ernment regulations, according to his law- Madam Speaker, in Connecticut and REPORT CITES WASTED PENTAGON MONEY IN yer. around the Nation, we need a budget AFGHANISTAN ‘‘This was done, in fact, in fact to ensure that invests in STEM education and (By Tom Vanden Brook) proper oversight—not to avoid it,’’ 21st century jobs, commits to growing Brinkley’s lawyer, Charles Duross, wrote WASHINGTON.—The embattled Pentagon our manufacturing sector, and provides Wednesday to the inspector general’s office. agency blamed for building a budget-busting The Pentagon on Wednesday also took the resources we need to fight the gas station in Afghanistan and renting lux- opioid epidemic that is tearing apart so issue with Sopko’s price tag for the gas sta- ury housing for its employees also imported tion, saying it was closer to $5 million, not many families. Italian goats to boost the cashmere industry $43 million. Brian McKeon, a top Pentagon The American public wants to see in the impoverished, war-wracked country, policy official, said in a statement to USA Congress take bold action. Our budget according to a government investigator. TODAY that the methods used Sopko were should set us on a path to leadership in Meanwhile, the former head of the Task ‘‘flawed, and the costs of the station are far today’s and tomorrow’s global econ- Force for Business Stability Operations, lower.’’ omy. Paul Brinkley, blasted back Wednesday at The refueling station itself cost $2.9 mil- A budget is much more than a state- the government inspector general, accusing lion, and the balance of the $5 million paid him of inaccuracy and hype. for associated buildings and equipment, ment of principles. It is a roadmap to At a Senate hearing, John Sopko, the Spe- lifting barriers to opportunity. It is an McKeon said. cial Inspector General for Afghan Recon- Brinkley, in his letter, challenged the as- investment in our infrastructure and in struction (SIGAR), said in prepared testi- sertion that he and his staff lived in luxury, the research and development we need mony that the task force lacked ‘‘strategic eschewing the basic, free accommodations to power 21st century careers. It is an direction’’ and suffered from a ‘‘scattershot offered by the military in Afghanistan. investment in the American people. approach to economic development.’’ In a previous report, Sopko criticized the It is time that we in this House put Among the more egregious examples of task force for spending $150 million on our responsibility to the American peo- boondoggles he cited: ‘‘importing rare blond ‘‘western-style hotel accommodations’’ that ple before partisanship and political Italian goats to boost the cashmere indus- included flat-screen TVs, private bodyguards games. When the people we represent try.’’ The $6 million program included ship- and ‘‘three-star’’ menus for staff and guests. ping nine male goats to western Afghanistan at home stop doing their jobs, they Bunking with the Army, Sopko suggested, from Italy, setting up a farm, lab and staff to could have saved taxpayers tens of millions don’t get paid. certify their wool. of dollars. In Congress, we should work the A chart summarizing task force initiatives Living conditions during his tenure, same way. We should pass the No Budg- shows the inspector general did not conduct Brinkley wrote, were far from luxurious— et, No Pay Act because Members of an audit of the program. The program, ac- ‘‘basic and minimal, with multiple bunks in Congress should only get paid when cording to a contractor’s analysis, may have shared living quarters’’ or on military bases. they do their jobs. If we worked under created as many as 350 jobs. Sopko ripped ‘‘When this was not possible or practical, No Budget, No Pay, I guarantee you the Pentagon and the task force for failing the challenge was to find facilities that did the House would have passed a budget to track its spending. It’s not unclear, for in- not continually smell of raw sewage, and stance, if the goats were eaten. food that did not frequently sicken our per- last Friday. ‘‘We don’t know,’’ Sopko said. ‘‘This was so sonnel or visiting government and business So I call on my colleagues. Let’s do poorly managed.’’ leaders—a challenge we never fully over- the job the American people sent us Sopko testified Wednesday on his report, came,’’ Brinkley wrote. here to do. Let’s do the job we are paid ‘‘Preliminary Results Show Serious Manage- The task force’s final grade is not yet in, to do. Let’s go to the table—Democrats ment and Oversight Problems.’’ The task McKeon said. and Republicans—and hammer out a force was charged with jump starting the ‘‘Ultimately, time will tell whether the budget that supports good-paying jobs, economy of Afghanistan with nearly $800 task force succeeded in its overall objec- tives,’’ McKeon said. ‘‘Reports that the (Pen- grows our economy, keeps us safe, and million in U.S. taxpayer funds. Sen. Kelly Ayotte, R–N.H., who chaired the tagon) commissioned to assess the Task truly reflects the priorities of the hearing, called the allegations about the fill- Force’s work—as well as SIGAR’s work—tell American people. ing station troubling and called for a full ac- us that the Task Force had a mixed record of f counting of task force spending. success, with some successes and some ‘‘What happened to the money?’’ Ayotte failures.’’ WASTING TAXPAYER MONEY IN asked. ‘‘All of it?’’ AFGHANISTAN Mr. JONES. In this story, John Sen. Claire McCaskill, D–Mo., was livid Sopko, the Inspector General for Af- The SPEAKER pro tempore. The about task force spending and called the nat- ghanistan Reconstruction, tells that ural gas-station program ‘‘dumb on its face,’’ Chair recognizes the gentleman from the worst boondoggle he has ever seen North Carolina (Mr. JONES) for 5 min- given the cost of converting cars to natural gas exceeds the average income of Afghans. is the fact that the Department of De- utes. fense spent $6 million to buy nine Mr. JONES. Madam Speaker, I have ‘‘This is a terrible waste of taxpayer money when we have so many other uses for goats—nine goats—for $6 million. brought to the floor today a prophetic it,’’ McCaskill said. The sad thing about that is he testi- political cartoon. Let me describe it In a letter and other documents, Brinkley, fied before the Senate: We can’t find very quickly. who led the task force in Iraq and later Af- the goats. What does that mean to the There is Uncle Sam sitting in a ghanistan from 2006 to 2011, defended his taxpayers? I don’t know anymore. That wheelchair, and he shouts out with oversight of the agency and lashed out at the is why they are so outraged, quite great excitement: I can see Greece government’s watchdog. ‘‘A meaningful and balanced review cannot frankly, from here. Behind the wheelchair push- Madam Speaker, I include in the ing is President Obama. Behind Presi- be accomplished through a sustained media campaign or a practice of repeating RECORD a second article titled, ‘‘12 dent Obama is a donkey representing uncorroborated allegations,’’ Brinkley wrote Ways Your Tax Dollars Were Squan- the Democratic Party, and behind the to the Senate Armed Services Committee. dered in Afghanistan.’’ donkey is an elephant representing the Sopko has released several provocative re- [From NBC NEWS.com, March 5, 2016] Republican Party, the point being that ports charging the task force with waste and all of us are guilty of heading this shoddy accounting practices. Among the 12 WAYS YOUR TAX DOLLARS WERE country towards Greece, and that most eye-catching: a $43 million natural-gas SQUANDERED IN AFGHANISTAN means an economic collapse is forth- filling station that should have cost $500,000 (By Alexander Smith) coming. and proved of no use to average Afghans; and The United States has now spent more Madam Speaker, we are $19 trillion in $150 million spent on renting luxury villas money reconstructing Afghanistan than it for task force staff and visitors. Those al- debt. did rebuilding Europe at the end of World leged boondoggles have drawn ire from Cap- War II, according to a government watchdog. Another reason I am on the floor itol Hill and cast Brinkley as a profligate The Special Inspector General for Afghani- today is that the continued waste of spender. stan Reconstruction (SIGAR) said in a state- the taxpayer money in Afghanistan is Brinkley, through his lawyer, bristled at ment to Congress last week that when ad- becoming astounding. the charge from the inspector general that justed for inflation the $113.1 billion plowed

VerDate Sep 11 2014 05:46 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.004 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1808 CONGRESSIONAL RECORD — HOUSE April 19, 2016 into the chaos-riven country outstripped the soybeans before,’’ SIGAR said in its June that it not be built because the existing fa- post-WWII spend by at least $10 billion. 2014 report. This did not stop the U.S. De- cilities were ‘‘more than sufficient,’’ the Billions have been squandered on projects partment of Agriculture funding a $34.4 mil- watchdog said. But another general denied that were either useless or sub-standard, or lion program by the American Soybean Asso- this cancellation request, according to lost to waste, corruption, and systemic ciation to try to introduce the foodstuff into SIGAR, because he said it would not be ‘‘pru- abuse, according to SIGAR’s reports. the country in 2010. dent’’ to quit a project for which funds had NBC News spoke to SIGAR’s Special In- The project ‘‘did not meet expectations,’’ already been appropriated by Congress. spector General John F. Sopko about 12 of the USDA confirmed to SIGAR, largely Ultimately, construction did not begin the most bizarre and baffling cases high- owing to inappropriate farming conditions in until May 2011, two months before the draw- lighted by his team’s investigations. Afghanistan and the fact no one wanted to down of the troops involved in surge. Sopko Paraphrasing Albert Einstein, Sopko said buy a product they had never eaten. found the ‘‘well-built and newly furnished’’ the U.S.’s profligate spending in Afghanistan ‘‘They didn’t grow them, they didn’t eat building totally untouched in June 2013, with is ‘‘the definition of insanity—doing the them, there was no market for them, and yet plastic sheets still covering the furniture. same things over and over vain, expecting a we thought it was a good idea,’’ Sopko told ‘‘Again, nobody was held to account,’’ different result.’’ NBC News. Sopko told NBC News, adding it was a ‘‘gross The Pentagon spent close to half a billion ‘‘What is troubling about this particular . . . really wasteful, extremely wasteful dollars on 20 Italian-made cargo planes that project is that it appears that many of these amount of money.’’ it eventually scrapped and sold for just problems could reasonably have been fore- He added: ‘‘We have thrown too much $32,000, according to SIGAR. seen and, therefore, possibly avoided,’’ the money at the country. We pour in money not ‘‘These planes were the wrong planes for inspector general wrote in a letter to Agri- really thinking about it.’’ Afghanistan,’’ Sopko told NBC News. ‘‘The culture Secretary Tom Vilsack in June 2014. A now-defunct Pentagon task force spent U.S. had difficulty getting the Afghans to fly The U.S. Army Corps of Engineers built almost $40 million on Afghanistan’s oil, min- them, and our pilots called them deathtraps. some 2,000 buildings to be used as barracks, ing and gas industry—but no one remem- One pilot said parts started falling off while medical clinics and fire stations by the Af- bered to tell America’s diplomats in Kabul, he was coming into land.’’ ghan National Army as part of a $1.57-billion according to SIGAR, citing a senior official After being taken out of use in March 2013, program. When two fires in October and De- at the U.S. embassy in the city. the G222 aircraft, which are also referred to cember 2012 revealed that around 80 percent In fact, the first the U.S. ambassador knew as the C–27A Spartan, were towed to a corner of these structures did not meet inter- about the multi-billion-dollar spend was of Kabul International Airport where they national building regulations for fire safety, when Afghan government officials thanked were visible from the civilian terminal. They Sopko said he was ‘‘troubled’’ by the ‘‘arro- him for his country’s support, SIGAR said. had ‘‘trees and bushes growing around gant’’ response from a senior USACE chief. The project, administered by the Task them,’’ the inspector general said. Major General Michael R. Eyre, com- Force for Business and Stability Operations Sixteen of the planes were scrapped and manding general of USACE’s Transatlantic (TFBSO), was part of a wider $488 million in- sold to a local construction company for 6 Division, said the risk of fire was acceptable vestment that also included the State De- cents a pound, SIGAR said. The other four because ‘‘the typical occupant populations partment and USAID. These organizations remained unused at a U.S. base in Germany. for these facilities are young, fit Afghan sol- ‘‘failed to coordinate and prioritize’’ their Sopko called the planes ‘‘one of the biggest diers.’’ Writing in a January 2014 memo pub- work, which created ‘‘poor working relation- single programs in Afghanistan that was a lished by SIGAR, Eyre said these recruits ships, and . . . potential sustainability prob- total failure.’’ ‘‘have the physical ability to make a hasty lems,’’ according to SIGAR. The Tarakhil Power Plant was fired up in retreat during a developing situation.’’ It was, according to Sopko, ‘‘a real dis- 2009 to ‘‘provide more reliable power’’ to Sopko told NBC News that Eyre’s com- aster.’’ blackout-plagued Kabul, according to the ments ‘‘showed a really poor attitude toward One USAID official told the watchdog it United States Agency for International De- our allies.’’ He added: ‘‘It was an unbeliev- would take the U.S. ‘‘100 years’’ to complete velopment, which built the facility. able arrogance, and I’m sorry to say that the necessary infrastructure and training Af- However, the ‘‘modern’’ diesel plant ex- about a senior officer.’’ ghanistan needs to completely develop these ported just 8,846 megawatt hours of power be- Despite the Department of Defense spend- industries. SIGAR said the U.S. military has been un- tween February 2014 and April 2015, SIGAR ing $597,929 on Salang Hospital in Afghani- able to provide records answering ‘‘the most said in a letter to USAID last August. This stan’s Parwan province, the 20-bed facility basic questions’’ surrounding the mystery output was less than 1 percent of the plant’s has been forced to resort to startling medical purchase and cancellation of eight patrol capacity and provided just 0.35 percent of practices. ‘‘Because there was no clean water, staff at boats for landlocked Afghanistan. power to Kabul, a city of 4.6 million people. The scant facts SIGAR were able to find Related: U.S. Spent $43M on Gas Station the hospital were washing newborns with un- indicated the boats were bought in 2010 to be But Can’t Explain Why treated river water,’’ SIGAR’s report said in Used by the Afghan National Police, and Furthermore, the plant’s ‘‘frequent starts January 2014. It added that the ‘‘poorly con- that they were intended to be deployed along and stops . . . place greater wear and tear on structed’’ building was also at increased the country’s northern river border with Uz- the engines and electrical components,’’ ‘‘risk of structural collapse during an earth- bekistan. which could result in its ‘‘catastrophic fail- quake.’’ NBC News visited the hospital in January ‘‘The order was cancelled—without expla- ure,’’ the watchdog said. 2014 and witnessed some disturbing practices: nation—nine months later,’’ SIGAR said. USAID responded to SIGAR’s report in a doctor poking around a dental patient’s The boats were still sitting unused at a Navy June 2015, saying: ‘‘We have no indication mouth with a pair of unsterilized scissors be- warehouse in Yorktown, Virginia, as of 2014. that [Afghan state-run utility company] Da fore yanking out another’s tooth with a pair ‘‘We bought in a navy for a landlocked Afghanistan Breshna Sherkat (DABS), failed of pliers. country,’’ Sopko said. to operate Tarakhil as was alleged in your Related: $600K in U.S. Taxpayer Cash Buys Despite the U.S. plowing some $7.8 billion letter.’’ Medieval Hospital in Afghanistan into stopping Afghanistan’s drug trade,’’ Af- U.S. officials directed and oversaw the con- The United States Forces-Afghanistan re- ghan farmers are growing more opium than struction of an Afghan police training facil- sponded to SIGAR’s report in January 2014 ever before,’’ SIGAR reported in December ity in 2012 that was so poorly built that its saying it would investigate why the building 2014. walls actually fell apart in the rain. The was not constructed to standard. ‘‘Poppy-growing provinces that were once $456,669 dry-fire range in Wardak province In a separate report, SIGAR said that declared ’poppy free’ have seen a resurgence was ‘‘not only an embarrassment, but, more USAID reimbursed the International Organi- in cultivation,’’ it said, noting that inter- significantly, a waste of U.S. taxpayers’ zation for Migration for spiraling costs while nationally funded irrigation projects may money,’’ SIGAR’s report said in January building Gardez Hospital, in Paktia province. have actually increased poppy growth in re- 2015. The IOM’s ‘‘weak internal controls’’ meant cent years. It was overseen by the U.S. Central Com- it paid $300,000 for just 600 gallons of diesel The ‘‘fragile gains’’ the U.S. has made on mand’s Joint Theater Support Contracting fuel—a price of $500 per gallon when market Afghan health, education and rule of law Command and contracted out to an Afghan prices should not have exceeded $5, SIGAR were being put in ‘‘jeopardy or wiped out by firm, the Qesmatullah Nasrat Construction said. the narcotics trade, which not only supports Company. The so-called ‘‘64K’’ command-and-control the insurgency, but also feeds organized SIGAR said this ‘‘melting’’ started just facility at Afghanistan’s Camp Leatherneck crime and corruption,’’ Sopko told U.S. law- four months after the building was finished cost $36 million and was ‘‘a total waste of makers in January 2014. in October 2012. It blamed U.S. officials’ bad U.S. taxpayer funds,’’ SIGAR’s report said in Afghanistan is the world’s leader in the planning and failure to hold to account the May 2015. production of opium. In 2013, the value of Af- Afghan construction firm, which used poor- The facility in Helmand province—named ghan opium was $3 billion—equivalent to 15 quality materials. The U.S. subsequently because it measured 64,000 square feet—was percent of the country’s GDP—according to contracted another firm to rebuild the facil- intended to support the U.S. troop surge of the United Nations Office of Drugs and ity. 2010. Crime. Sopko called the incident ‘‘baffling.’’ ‘‘Af- However, a year before its construction, Sopko told NBC News the picture is no ghans apparently have never grown or eaten the very general in charge of the surge asked more optimistic today. ‘‘No matter which

VerDate Sep 11 2014 02:34 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A19AP7.007 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1809 metric you use, this effort has been a real are a total waste of the taxpayers’ for the needs of his neighbors. He failure,’’ he said. money. wasn’t afraid to tackle tough issues. The USAID-funded Shorandam Industrial Madam Speaker, I will ask God to He told me he enjoyed serving on the Park in Kandahar province was transferred continue to bless our men and women county board because it was less par- to the Afghan government in September 2010 in uniform and ask God to continue to tisan, driven more by the local needs of with the intention of accommodating 48 business and hundreds of local employees. bless America. the Pierce County residents rather Four years later, SIGAR inspectors found f than strict adherence to party ide- ology. just one active company operating there. TRIBUTE TO PAUL BARKLA This was due to the U.S. military building Although Paul was gruff on the out- a power plant on one-third of the industrial The SPEAKER pro tempore. The side, he was fiercely loyal to his family park to provide electricity to nearby Chair recognizes the gentleman from and friends. We had many discussions Kandahar City, causing ‘‘entrepreneurs to Wisconsin (Mr. KIND) for 5 minutes. over the years. I knew I could always shy away from setting up businesses’’ at the Mr. KIND. Madam Speaker, today I count on Paul to provide an honest site, SIGAR said in its report of April 2015. rise to celebrate the life and legacy of opinion, and he was never afraid to After the military withdrew in mid-2014, my good friend, Paul Barkla. I met speak his mind. the investigators were told that at least four Paul when I first ran for Congress. He Afghan businesses had moved into the indus- He made many friends over the years trial park. However, SIGAR said that it was one of my earliest supporters. through politics and public service. He could not complete a thorough inspection be- I still vividly recall meeting him at befriended many of my staff whom he cause USAID’s contract files were ‘‘missing the end of a Democratic primary de- talked to frequently and stayed in important documentation.’’ bate when he introduced himself as a touch with even when they moved on The DOD spent nearly $82 million on nine former Bill Proxmire staffer, as I was, to other opportunities. incineration facilities in Afghanistan—yet and then promised to do everything he For those who are lucky enough to four of them never fired their furnaces, could to help me get elected. It was the cross paths with Paul, from folks in SIGAR said in February 2015. These four dor- beginning of a 25-year friendship, dur- Washington to Oregon to Washington, mant facilities had eight incinerators be- ing which time he became a member of tween them and the wastage cost $20.1 mil- D.C., he will not be forgotten. lion. our family. Paul exemplified what was great In addition, SIGAR inspectors said it was Paul is a native of the Pacific North- about America: deep love for his coun- ‘‘disturbing’’ that ‘‘prohibited items,’’ such west and was raised in Eugene, Oregon. try, the importance of public service, as tires and batteries, continued to be Paul was a firm believer in good, old- and the need to fight for the most vul- burned in Afghanistan’s 251 burn pits. U.S. fashioned, shoe-leather politics, and he nerable and less fortunate in our soci- military personnel were also exposed to pounded the pavement for Democratic ety. emissions from these pits ‘‘that could have candidates across the country, where In short, Paul was a great patriot and lasting negative health consequences,’’ the he met many friends along the way. a great American. For those whose watchdog said. In 2004, he traveled to New Hamp- lives he touched, Paul will be greatly The Department of Defense said it was ‘‘vi- tally interested in exploring all possible shire to volunteer for the Presidential missed. ways to save taxpayer dollars and ensure we campaign of General Wesley Clark. In f 2008, he again loaded up his dog and are good stewards of government resources.’’ HOLDING INTERNAL REVENUE A spokesman added: ‘‘We’ll continue to traveled around the country, showing work with SIGAR, and other agencies, to up in battleground States and volun- SERVICE ACCOUNTABLE help get to the bottom of any reported issues teering for President Obama. He be- The SPEAKER pro tempore. The or concerns.’’ lieved we all had an obligation to par- Chair recognizes the gentleman from A spokesman for Afghanistan’s President ticipate in our democracy. Pennsylvania (Mr. PERRY) for 5 min- Ashraf Ghani declined to comment on this utes. story. After college, Paul moved to Wash- ington, where he received a master’s Mr. PERRY. Madam Speaker, yester- Mr. JONES. Madam Speaker, we have degree from George Washington Uni- day was tax day—or at least the dead- already spent more in Afghanistan versity and worked as a Capitol police- line for filing and paying your taxes. I than it cost to rebuild Europe after man. can’t imagine very many citizens look World War II. In fact, last week I asked He also went to work for numerous forward to that. my staff to draft a letter to Speaker Congressmen and then worked for Sen- We all know that we have to do our PAUL RYAN. ator Proxmire of Wisconsin, where he part, but we are often frustrated by the In the letter, I asked the Speaker of became engaged with Wisconsin poli- unacceptable waste of government the House, PAUL RYAN, to meet with tics. spending. We all work hard; yet, they John Sopko, who is the Inspector Gen- It was during his time in Washington take our money and oftentimes spend eral for Afghanistan Reconstruction, that he became active in the civil it on things that we find objectionable and listen to this absolute waste that rights movement, participating in the or, worse, they simply waste it. is going on in Afghanistan. March on Washington in August 1963. To add insult to injury, government Yet, sometime soon we will mark up He enjoyed telling stories of his life doesn’t have to follow the same stand- the NDAA, National Defense Author- during those times. ards that every citizen has to. Nowhere ization Act, and I will guarantee you Paul met his wife, Nancy, who also is this more obvious than in the IRS there will be billions of dollars in OCO worked for Senator Proxmire in Wash- and its Commissioner, who scoffs at funds going to Afghanistan. ington, in 1958. And then, in 1968, they the very same rules that every other There will be those of us on both moved their family to Wisconsin, citizen has to abide by. sides of the aisle that would like to where he continued to work on progres- Now, I would just ask you: If you got take that money out or significantly sive causes and campaigns. There he subpoenaed to produce documents and reduce the money. Last year it was worked as a caregiver and manager of to protect documents and just ignored over $43 billion in OCO funds, which is group homes. it, how do you think that would go for nothing but a slush fund. Paul and Nancy raised three chil- you? If you lied to government offi- Madam Speaker, there is a famous dren: Ann Fedders of New Richmond, cials—let’s say government officials in line about Afghanistan. It says that Af- Sidney Scott of Fall City, and Paul the IRS—about your tax records, know- ghanistan is the graveyard of empires. Barkla, Jr., of Ellsworth. He was very ing that they are requirements, and I predict today—but I hope I am proud of his 12 grandchildren and six you just refused to provide them, how wrong—if we continue to spend and great-grandchildren. do you think that that would be for waste billions of dollars in Afghani- Paul believed in our democratic proc- you? stan, there will be a headstone in that ess and public service. That is why he This is just another example of two graveyard that says: USA. ran for and was elected to the Pierce sets of standards, one for the ruling I hope that does not happen. But we County Board in 2004 and later became class and another for the rest of the had better wake up, as Members of the board chair. citizens. It was never intended to be Congress, and stop supporting pro- Pierce County residents knew Paul this way, essentially where we are grams like money for Afghanistan that as a community leader and advocate forced to serve our government.

VerDate Sep 11 2014 02:34 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A19AP7.008 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1810 CONGRESSIONAL RECORD — HOUSE April 19, 2016 In this particular case, these folks Congress has a duty to get to the chael Capps, age 41, were killed by just had the wrong opinions about truth. As Representatives of the citi- their neighbor on March 7 in Kansas their government and they were sure zens, we don’t have a police force. We City, Kansas. The shooter also killed that they would be protected under the are Representatives. We can’t fire the Randy J. Nordman, age 49, the next day First Amendment, protected from re- Commissioner. We are Members of Con- while fleeing police. prisal and punishment, but that is sim- gress. The only remedy that Congress Ishmael Haywood, age 20, and ply not the case. has is the constitutional check of im- Demontray Keshawn Mackay, age 17, Exactly what happened is that the peachment. were killed in a car on March 8 in San IRS sought to cover up and blame oth- Impeachment proceedings are the Antonio, Texas. ers that had nothing to do with what only way we can hope to get some re- Jerry Shelton, age 35; Tina Shelton, happened. lief from this agency which has been age 37; Brittany Powell, age 27; Remember, the feared and wantonly unaccountable in the most Chanetta Powell, age 25; and Shada omnipowerful IRS targeted and pun- egregious fashion. Mahone, age 26, were killed at a family ished certain Americans solely because It is the only way we will be able to cookout on March 9 in Wilkinsburg, of what they thought of their govern- determine whether the Commissioner Pennsylvania. Chanetta was 8 months ment, violating their First Amendment violated the standards of trust set pregnant. right provided by God and enumerated down for government officials. John Smith, age 65, and Jamil Good- in our Constitution. It is the only way we can start to win, age 43, were killed while sitting on Think about that. The full power and move to a circumstance where our gov- their porch on March 11 in Detroit, authority of the massive Federal Gov- ernment serves the people as opposed Michigan. ernment and its endless resources fo- to citizens being forced to serve their Douglas Hearne, age 48, was killed at cused on a few citizens because they government. a bar on March 12 in Wichita Falls, dared to disagree. Is this a Communist So, Madam Speaker, as we reflect on Texas. country? Is this something worse? tax day, I respectfully request the reso- Alyric Fouch, age 17, was killed by Let’s remember how this started. The lution regarding the impeachment of her mother’s boyfriend on March 12 in inspector general did an investigation Commissioner Koskinen be forwarded Elberton, Georgia. She was trying to and said they were going to file a re- to the Judiciary Committee and to this protect her mother from gunfire. port. floor for consideration. Deosha Jackson, age 19, and Daryl Hearing that, Lois Lerner takes a f Hunt, age unknown, were killed on planted question and lies about who did GUN VIOLENCE March 19 in Wetumpka, Alabama. it. She blames it on the good workers Serge Pierre Dumas, age 28, was in Cincinnati. The President calls for a The SPEAKER pro tempore. The killed at a house party on March 20 in criminal investigation, and the Com- Chair recognizes the gentlewoman from Plantation, Florida. He is survived by missioner is fired. California (Ms. SPEIER) for 5 minutes. his 15-month-old son pictured here on Ms. SPEIER. Madam Speaker, since However, when it really came to con- this poster next to me. ducting that investigation, the Depart- 1970, more Americans have died from Billie Jo Hettinger, age 32, and her ment of Justice really just couldn’t be domestic gun violence than in every children Collin Hettinger, age 5, and bothered. Then the person at the cen- war dating back to the American Revo- Courtney Hettinger, age 4, were killed ter of the issue comes to Congress and lution. by their husband and father on March If all the victims of gun violence pleads the Fifth. 20 in Louisville, Kentucky. since 1970 were put on a wall like the Congress has to now look elsewhere Kelly Russler, age 39, and her sons Vietnam Veterans Memorial, it would for the truth. They are not going to get Jayden Evans, age 10, and Laing contain 1.5 million names and stretch it from Ms. Lerner. So they look to her Russler, age 7, were killed by Kelly’s 21⁄2 miles. That is 25 times as long as email communication. husband and Laing’s father on March 21 the actual Vietnam Veterans Memo- Subpoenas are issued, two of them, in Sherman, Texas. rial. and three protective orders, one by the Elizabeth Janie Woods, age unknown, IRS itself. The IRS violates literally b 1030 was killed by her husband on March 25 all of it while saying they went to We are quick to hold moments of si- in Lauderdale County, Alabama. He great lengths in search of the truth. lence on this floor, but we are not also shot their two sons, who were in Come on. Great lengths? They didn’t quick to act. I have had enough of Con- critical condition but have survived. even check Ms. Lerner’s BlackBerry. gress’ failure to lead. So to draw atten- Virginia State Trooper Chad P. The new Commissioner, Mr. tion to the slaughter going on in this Dermyer was killed by a gunman at a Koskinen, hired to clean things up, country each and every month, I will bus station on March 31 in Richmond, knows that 422 backup tapes were de- recite the names each month of every Virginia. He was a Marine Corps vet- stroyed, including 24,000 of Ms. person killed in a mass shooting during eran and had two young children. Lerner’s emails; yet, he waits 4 months the previous month. I have also created May the dead rest in peace, the to tell Congress while coming multiple my own memorial wall in the hallway wounded recover quickly and com- times to testify to Congress during outside of my office. pletely, and the bereaved find comfort. that period. You lie about your lost Here are the stories of some of the Members, colleagues, mothers and fa- documents for 4 months and see what victims of the 31 mass shootings in thers, when will we do more than call happens. March of this year. There have been so for moments of silence? Mr. Koskinen violated his duty to many people this month affected by f preserve and provide the information. mass shootings, that I don’t have time AUTISM AWARENESS MONTH He violated his duty to disclose, he vio- to list the injured, but I recognize the lated his duty to be truthful, and he trauma they have endured as well. The SPEAKER pro tempore. The violated his duty to correct the record Deonte Fisher, age 7, was killed sit- Chair recognizes the gentleman from about what he knew. Mr. Koskinen vio- ting in a parked car outside a conven- Florida (Mr. CURBELO) for 5 minutes. lated the public trust on multiple ac- ience store on March 4 in Columbus, Mr. CURBELO of Florida. Madam counts. Ohio. Speaker, I rise to recognize April as The issue at hand is that the agency Anthony Renee Beamon, Jr., age 36, Autism Awareness Month, an oppor- Mr. Koskinen represents violated the was killed while leaving a party on tunity for our communities to come to- constitutionally guaranteed rights of March 6 in Compton, California. gether and become more educated and American citizens and nothing has Pablo Villeda Estrada, age 19, was understanding of autism and its im- been done about it. killed at a birthday party on March 6 pacts on our students and society. This simply cannot stand. We cannot in Chelsea, Massachusetts. He loved Reports from 2014 state that autism have two separate standards of justice, music and was a family jokester. affects 1 in 68 children in the United one for the ruling class, one for the Austin Harter, age 29; Clint Harter, States, a 119 percent increase from the government, and one for the governed. age 27; Jake Waters, age 36; and Mi- year 2000. Despite the great scientific

VerDate Sep 11 2014 02:34 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.007 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1811 strides that have been made to under- wish you the best in your retirement. are the ones that prevent a crisis from stand autism, not much is known about You have certainly earned it. happening in the first place. Not all of how the disorder actually develops in f these interventions involve foster care the brain. or removing a child. Early intervention END CHILD ABUSE AND NEGLECT The BRAIN Initiative is an ambitious of the most at-risk families will allow FATALITIES program which aims to advance our un- social workers to tailor and deliver the derstanding of how the brain functions. The SPEAKER pro tempore. The most effective interventions for each It is my firm belief that the BRAIN Chair recognizes the gentleman from family, and even sometimes small Initiative is an instrumental step to- Rhode Island (Mr. LANGEVIN) for 5 min- interventions early on can make the ward revolutionary breakthroughs in utes. biggest difference. The report makes neuroscience. For these reasons, I in- Mr. LANGEVIN. Madam Speaker, I clear that crisis breeds crisis. It is the troduced the Mental Health Awareness would like to spend a few minutes this self-perpetuating, repetitive cycle. Semipostal Stamp Act to help raise ad- morning discussing the recent report of Parents suffering from mental health ditional funding for the BRAIN Initia- the Commission to End Child Abuse issues or drug addiction are much more tive, at no expense to taxpayers. I am and Neglect Fatalities. Chartered by likely to harm or kill their child. The confident that together we can make Congress under the Protect our Kids stresses of unemployment and poverty great strides for autism awareness, and Act of 2013, the Commission’s goal is to are also linked with child abuse, ne- I hope that you join me in lighting it provide a framework for ending child glect, and death. up blue for the rest of April. maltreatment fatalities in the United Madam Speaker, States need to en- TEAM VISION States. For 2 years they have studied gage in an all-of-the-above approach to Mr. CURBELO of Florida. Madam and examined this problem, and now child safety. We must also ensure that Speaker, I rise today to recognize M- we have the results. funding is in place to allow for mean- Vision Miami, a group comprised of The death of any child is a tragedy. ingful interventions. Child welfare young professionals in the Youth Lead- While the data on child deaths related agencies need to be held accountable ership Miami program, sponsored by to abuse and neglect is incomplete, the for results, and empowered to deliver the Greater Miami Chamber of Com- Commission estimates that there were services and interventions to at-risk merce. over 1,500 such cases in 2014. The ma- children and families when they are re- M-Vision, in partnership with PACE jority of the children in these heart- Center for Girls, has worked to create quired. breaking cases were younger than a Despite these challenges, I would like a career development and college pre- year old, and many of them only days paratory lab for PACE students. The to close on a hopeful note, embodied in and weeks into their young lives. M-Vision program focuses on financial the title of the report itself: Within Three-quarters of the deaths occurred literacy training, interview etiquette, Our Reach. in children under age 3. college preparation, career awareness, Madam Speaker, we can put a stop to Madam Speaker, these are shocking exploration, and community service. these tragic deaths. Law enforcement, figures, but we are talking about much This group, which is completely volun- child welfare, and community groups more than just numbers. These stories teer based, has dedicated countless have to work together to provide a net- of lives cut short, of senseless deaths, hours to building relationships work of support and intervention for are a rallying cry for action, and no throughout Miami-Dade County in families and children at risk of abuse. community or State is immune. In my order to support their mission. We in Congress have to fully fund these I thank M-Vision and centers like home State of Rhode Island, at least agencies and empower them to deliver PACE Miami for their efforts to ensure four children have died in State care meaningful change. that all children, regardless of their so- since October, two of them infants. Madam Speaker, the time to act is cioeconomic class, have an opportunity In neighboring Massachusetts, Bella now. to achieve college and career success. Bond’s story is a heartbreaking re- f minder of our moral obligation to act They have done a remarkable job, and RECESS I am certain that they will continue in defense of all children. Bella only doing great work for years to come. ever knew abuse and neglect. She died The SPEAKER pro tempore. Pursu- before her third birthday, allegedly ant to clause 12(a) of rule I, the Chair CONGRATULATING DEBBIE BRADY Mr. CURBELO of Florida. Madam beaten to death by her drug-addicted declares the House in recess until noon Speaker, I rise today to recognize parents. Despite two neglect com- today. Debbie Brady, the executive director of plaints against Bella’s mother, there Accordingly (at 10 o’clock and 43 the Dade County Farm Bureau, who was never any recognition that this minutes a.m.), the House stood in re- will be retiring this year after a life toddler’s life was in danger. The State cess. dedicated to educating others on the never sent anybody to check on her f safety, and her death remained hidden importance of agriculture in our daily b 1200 lives. Debbie is also the president of until her body was discovered. the Florida Agri-Women, a member of The problems in the Bella Bond mur- AFTER RECESS the American Agri-Women, and a long- der, though, sadly, are not unique. The The recess having expired, the House time resident of South Dade. She has Commission’s report highlights a lack was called to order by the Speaker at worked in agribusiness for over 30 of communication between State child noon. years and has a true passion for farm- welfare agencies and law enforcement f ing. Her knowledge and experience are in every State. Noting the high cor- PRAYER unparalleled, and she will be greatly relation between domestic violence and missed. child deaths, the Commission rec- Pastor Kevin Hintze, Zion Lutheran I have had the privilege of meeting ommends that States treat this as a Church, Georgetown, Texas, offered the with Debbie on many occasions and broad public health issue and call for following prayer: know how much of a resource she has better coordination between child wel- Gracious Lord of our Nation, we been to both me and my staff. We have fare agencies and law enforcement. thank You for the continued preserva- strongly advocated together on behalf Cross-agency collaboration will allow tion of our blessed country and all who of the South Dade farmers, especially social workers to use law enforcement uphold civil duties of leadership within during the recent oriental fruit fly data to find the most at-risk children our borders. quarantine and devastating floods that and intervene when necessary to pro- We pray today for all the Members of crippled the region’s ag community. tect the child. Just as we would take Congress and their staff that they may Her immense knowledge of the issues action to stop disease before it kills be endowed with wisdom from Your has helped us make very positive gains the patient, we can and we must inter- spirit as they serve with the authority on behalf of the farmers in South Dade. vene when a child’s life is at risk. of government in our land. Debbie, thank you for dedicating However, the Commission also notes Bless their daily work and encourage your life to helping our community. We that the most successful interventions our leaders of this Nation to fulfill

VerDate Sep 11 2014 02:34 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.008 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1812 CONGRESSIONAL RECORD — HOUSE April 19, 2016 their elected duties with mercy and taxes with the IRS, but, instead, we are laws. As an attorney who has practiced justice in a sacrificial spirit for the seeing an unconscionable increase in immigration law, I know firsthand the common welfare. data breaches and identity theft. benefits of a lawful system welcoming Bless us all with sincere and joyful A new GAO report found many defi- new citizens following the law. hearts of service as we serve this coun- ciencies in the IRS’ security program In conclusion, God bless our troops, try in each of our vocations. We pray that blatantly expose taxpayers’ per- and may the President by his actions justice and concord may abide, peace sonal and financial data. My legisla- never forget September the 11th in the and prosperity be kept secure, for You, tion will help stop this reckless expo- global war on terrorism. God, are everlasting. sure. The SPEAKER pro tempore (Mr. We seek You with all our hearts This essential bill holds the IRS ac- FARENTHOLD). Members are reminded knowing full well that You hear our countable and forces the agency to do to refrain from engaging in personal- prayers. Praying as I have been taught, the most important job: assist and pro- ities toward the President. I close now in the name of my Lord and tect taxpayers. f Savior Jesus Christ. At a time when trust in government NATIONAL AUTISM AWARENESS Amen. is so low, I am committed to fixing this MONTH f growing problem and providing another level of security to protect Americans (Mr. HIGGINS asked and was given THE JOURNAL from fraudulent activity. permission to address the House for 1 The SPEAKER. The Chair has exam- f minute.) Mr. HIGGINS. Mr. Speaker, 1 in 68 ined the Journal of the last day’s pro- REMEMBERING TOM HENNESSY ceedings and announces to the House children are diagnosed with autism, his approval thereof. (Mr. LOWENTHAL asked and was and 3.45 million Americans are living Pursuant to clause 1, rule I, the Jour- given permission to address the House with it. nal stands approved. for 1 minute and to revise and extend April is National Autism Awareness his remarks.) Month, a time to direct attention to f Mr. LOWENTHAL. Mr. Speaker, Tom and appreciate the special gifts of PLEDGE OF ALLEGIANCE Hennessy was a beloved columnist at these Americans. the Long Beach Press-Telegram for In Congress, it is a time to redouble The SPEAKER. Will the gentleman nearly 30 years. Tom passed away re- our commitment to them by sup- from New York (Mr. HIGGINS) come for- cently with his Duchess Debbie by his porting the Autism CARES Act, which ward and lead the House in the Pledge side. authorizes research in early interven- of Allegiance. For his readers, Tom was Mr. Long tion programs; the Individuals with Mr. HIGGINS led the Pledge of Alle- Beach. He was a humorist, he was an Disabilities Education Act, which in- giance as follows: advocate, he was our favorite uncle, cludes early intervention and edu- I pledge allegiance to the Flag of the and our closest neighbor. cation services for people with autism; United States of America, and to the Repub- He was a friend who lived in the same and the BRAIN Initiative at the Na- lic for which it stands, one nation under God, indivisible, with liberty and justice for all. world, but somehow saw it so much tional Institutes of Health. more clearly and never shied away In western New York, I have been f from using his Irish wit to say so. proud to support $5.7 million in Federal MESSAGE FROM THE PRESIDENT Every morning for three decades Tom grants for promising work at the Insti- was the champion of what was right, tute for Autism Research at Canisius A message in writing from the Presi- good, and decent in Long Beach. I was College. dent of the United States was commu- fortunate to have read him, I was There is a great deal to be done to nicated to the House by Mr. Brian lucky to have known him, and now I piece together the mysteries of autism Pate, one of his secretaries. will join his readers, his family, and his and support the individuals and fami- f friends in missing him. lies living with it every day. ANNOUNCEMENT BY THE SPEAKER f f The SPEAKER. The Chair will enter- ONLY CONGRESS CAN WRITE RECOGNIZING HANESBRANDS FOR tain up to 15 requests for 1-minute LAWS ENVIRONMENTAL ACHIEVEMENTS speeches on each side of the aisle. (Mr. WILSON of South Carolina (Ms. FOXX asked and was given per- f asked and was given permission to ad- mission to address the House for 1 dress the House for 1 minute and to re- minute.) TAXPAYER IDENTITY THEFT vise and extend his remarks.) Ms. FOXX. Mr. Speaker, today I rise PROTECTION ACT Mr. WILSON of South Carolina. Mr. to recognize HanesBrands, a company (Mrs. WAGNER asked and was given Speaker, yesterday the U.S. House of headquartered in Winston-Salem, permission to address the House for 1 Representatives was represented at the North Carolina, with a long history of minute and to revise and extend her re- Supreme Court during oral arguments innovation, product excellence, and marks.) for United States v. Texas, the chal- brand recognition. Mrs. WAGNER. Mr. Speaker, the lenge by 25 States to the President’s il- Hanes recently earned its seventh Federal Trade Commission recently legal executive action on illegal aliens. consecutive partner-of-the-year award ranked the St. Louis metropolitan Article I of the Constitution is clear: from the U.S. Environmental Protec- area, my district and hometown, as only Congress can write laws. Sadly, tion Agency’s Energy Star program. having the highest rate of identity the President has overstepped his au- The company was recognized for its theft regarding Federal income tax re- thority by acting alone after repeat- continued excellence in energy con- turns. This is absolutely unacceptable edly saying that he did not have the servation, carbon emissions avoidance, and why I introduced the Taxpayer authority he claimed. and environmental sustainability. Identity Theft Protection Act. I was grateful to vote in favor of the Since 2007, Hanes, the world’s largest My legislation would require the IRS resolution, which authorized Speaker marketer of basic apparel, has reduced to issue an identity protection personal PAUL RYAN to file a brief in the Su- its energy use by 25 percent, water use identification number, or IP PIN, to preme Court, the first by the House as by 31 percent, and carbon emissions by any individual who requests one to bet- a whole. Speaker RYAN deserves rec- 21 percent. ter protect their Social Security num- ognition for his remarkable leadership Last year Hanes derived 25 percent of bers from criminals who are looking to in standing up for the Constitution and its worldwide energy needs from renew- steal their identity and file fraudulent rule of law. able sources, including biomass, hydro- tax returns. United States v. Texas filings reveal electric, geothermal, and wind. Missourians and all Americans de- the President’s failed immigration pol- With its continued commitment to serve peace of mind when filing their icy, which should be to enforce existing excellence, Hanes is a valued corporate

VerDate Sep 11 2014 02:34 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.010 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1813 partner in the local community. It is a Workforce Act, which will prevent the ity of Congress. I am pleased that the pleasure to have this outstanding com- agency from rehiring anyone who was House has voted to put its full support pany in North Carolina’s Fifth Dis- previously terminated for misconduct. behind Texas and our Speaker. Lower trict. Government employees, especially courts have already ruled to halt the f those in the IRS, who work with pri- President’s illegal amnesty. vate and sensitive data of American On behalf of my constituents, I U.S. INCREASES TROOPS IN IRAQ citizens should not be given the chance strongly urge the Supreme Court to do AND SYRIA: WHEN WILL CON- to do it again. the same. GRESS ACT? This week the House will show the f (Mr. MCGOVERN asked and was American people that we take our re- given permission to address the House sponsibility to stop corruption, mis- b 1215 for 1 minute and to revise and extend conduct, and abuse of power in the In- CONGRATULATING J.W. OAKLEY his remarks.) ternal Revenue Service seriously. ELEMENTARY SCHOOL Mr. MCGOVERN. Drip, drip, drip, Mr. f (Mr. VARGAS asked and was given Speaker. That is the sound of U.S. es- BUDGET RESOLUTION DEADLINE permission to address the House for 1 calation in Syria and Iraq. Yesterday, minute and to revise and extend his re- (Mr. KILDEE asked and was given the Pentagon announced that the U.S. marks.) permission to address the House for 1 will send 217 additional troops to Iraq, Mr. VARGAS. Mr. Speaker, I rise minute.) pushing the official number of U.S. today to recognize J.W. Oakley Ele- troops there to more than 4,000. Mr. KILDEE. Mr. Speaker, last week the House Republican leadership blew mentary School for their academic and Mainly Army Special Forces, they civic accomplishments. will be embedded with Iraqi brigades past the deadline to adopt the budget. Instead of coming together to enact a Over the past 18 years, Oakley’s com- and battalions. They will be stationed mitment to academic excellence has close to the front lines. They will in- budget that invests in American jobs, grows our economy, and builds the pay- enhanced the lives of their students clude trainers and maintenance crews and earned them statewide recognition. for the new deployment of Apache heli- checks of American workers, Repub- licans actually decided intentionally Oakley has been recognized as a Cali- copters. fornia Title I Achieving School and More U.S. commandos could also not to pass a budget at all. Even worse, in my hometown of California Distinguished School. In head to Syria, bolstering the roughly Flint, Michigan, 100,000 people can’t doing so, Oakley has consistently 50 Special Operations Forces advising drink their water because it has been placed among the top performing and training rebel forces on the poisoned by lead through decisions schools in our district, with a Cali- ground. made by its own State government. It fornia Academic Performance Index Just when is the House going to de- score of 804. bate and vote on an authorization for is in crisis. There is a bill in the Senate and Furthermore, their extraordinary deploying U.S. troops in Iraq and there is a bill in this House to provide participation in the Jump Rope for Syria? relief to this great city during a dis- Heart program has helped raise over When is the House going to debate aster, and this Congress won’t bring up $200,000 for research initiatives. these escalations that add more fire- that bill, nor will it bring up legisla- I would like to commend the hard- power and put more U.S. troops close tion to deal with the opioid epidemic or working administrators and teachers to the front lines? the Zika virus epidemic. for their work—teachers like Maryann Our troops carry out their constitu- This is shameful. This is the Con- Vasquez-Moreno, an educator of 15 tional duties. When will Congress act gress of the United States. We are sup- years, who in addition to preparing her and carry out its constitutional re- posed to do the work of the American students to succeed, also organizes sponsibility? people. We have people in crisis in my yearly food drives during the holidays The American people are tired of end- own hometown, and we can’t get Con- for her community. less wars. Putting these wars on re- gress to act, not on a budget, not on I am delighted to recognize Oakley mote control, with no debate and no health for Flint, and not on Zika. Elementary School for their commit- votes, is shameful. We need to do our job in the body of ment to our children. f this United States Congress. f ENSURING INTEGRITY IN THE IRS f COMMENDING U.S. GREEN BUILD- WORKFORCE ACT SUPPORTING THE TEXAS-LED ING COUNCIL FOR ENCOURAGING (Mr. GIBBS asked and was given per- CHALLENGE TO THE PRESI- WOOD USE IN BUILDING CON- mission to address the House for 1 DENT’S UNILATERAL AMNESTY STRUCTION minute.) (Mr. MARCHANT asked and was (Mr. THOMPSON of Pennsylvania Mr. GIBBS. Mr. Speaker, with tax given permission to address the House asked and was given permission to ad- day yesterday and millions of Ameri- for 1 minute.) dress the House for 1 minute and to re- cans feeling the sting of a burdensome Mr. MARCHANT. Mr. Speaker, this vise and extend his remarks.) government agency, the House will week the Supreme Court heard oral ar- Mr. THOMPSON of Pennsylvania. focus its efforts on giving taxpayers re- guments in the United States v. Texas Mr. Speaker, Pennsylvania’s Fifth Con- lief from the bureaucratic mess known case. This is the Texas-led challenge to gressional District, which I am proud as the IRS. the President’s executive orders on im- to represent, has a deep heritage with When the scandal broke that the IRS migration, a challenge that I strongly wood products and timber industries. improperly targeted conservative support. Wood is the ultimate green building 501(c)(4) groups, the Nation was By granting unilateral amnesty to 5 material and should be encouraged for shocked, but not surprised. After thor- million illegal immigrants, the Presi- its environmental benefits. ough investigations by Congress and dent has blatantly disregarded his duty Unfortunately, USDA’s Bio-Preferred unrelenting criticism by liberals and to enforce our laws. Instead, he is try- Program did not recognize wood prod- conservatives, several high-level offi- ing to rewrite them altogether. It ucts, despite the obvious benefits of cials resigned. doesn’t work this way. using such material in buildings. Be- While the IRS can and has fired Article I of the Constitution is clear. cause of this, I authored the Forest many low-level employees for other All legislative powers shall be vested in Products Fairness Act of 2013. This leg- abuses and poor performance, a report Congress. Erosion of this principle is a islation, which was ultimately included by the IRS Inspector General found threat to the rule of law. That is why in the 2014 farm bill, modified USDA’s that many of the IRS employees were this challenge by Texas and other definition of bio-based products to spe- rehired. States is so important. cifically include forest products. That is why this week we are passing This fight is about asserting the will Mr. Speaker, I rise today to com- the Ensuring Integrity in the IRS of Americans and defending the author- mend the U.S. Green Building Council

VerDate Sep 11 2014 02:34 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.012 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1814 CONGRESSIONAL RECORD — HOUSE April 19, 2016 in taking the next step with the recent opinion and values what you say and healthcare initiatives, this is not a changes to their Leadership in Energy believe—maybe something we in the Federal mandate. It uses funds already Environmental Design, or LEED, green House could learn from—and the type available and does not require new building rating system. of teacher who makes you want to funding. It protects State’s rights. This change will encourage more use come to school, perhaps the highest My bill makes those who can’t afford of domestic wood in building construc- compliment you could pay to a high good health care a priority. It unites tion. The change includes lumber com- school teacher these days. them with people who are always panies certified by the American Tree Please join me in congratulating searching for ways to help others. That Farm System and landowners certified Bobbie Cavnar, and thank him for his is what health care is all about—help- by the Sustainable Forestry Initiative dedication to the students of Gaston ing others. or the Forest Stewardship Council. County. I ask my colleagues to cosponsor my This decision by the U.S. Green f legislation so that our doctors and Building Council is another step in the nurses can volunteer their skills and right direction and will provide a boost OBAMA CAN’T MAKE IMMIGRATION expertise to help their fellow citizens to many across Pennsylvania involved LAWS who desperately need help and health. in the industries that rely on our sig- (Mr. SMITH of Texas asked and was f nificant timber resources. given permission to address the House COMMUNICATION FROM THE f for 1 minute and to revise and extend CLERK OF THE HOUSE his remarks.) RECOGNIZING THE PAMELA SILVA The SPEAKER pro tempore laid be- CONDE SCHOLARSHIP FUND Mr. SMITH of Texas. Mr. Speaker, yesterday the State of Texas argued fore the House the following commu- (Ms. ROS-LEHTINEN asked and was before the Supreme Court that the nication from the Clerk of the House of given permission to address the House President’s executive amnesty violates Representatives: for 1 minute and to revise and extend Federal immigration laws and the sep- OFFICE OF THE CLERK, her remarks.) aration of powers enshrined in the Con- HOUSE OF REPRESENTATIVES, Ms. ROS-LEHTINEN. Mr. Speaker, I stitution. Washington, DC, April 19, 2016. rise today to recognize an outstanding The Constitution is clear: Congress Hon. PAUL D. RYAN, south Floridian and her initiative, the has the sole power to write laws, in- The Speaker, House of Representatives, Washington, DC. Pamela Silva Conde Scholarship. cluding immigration laws; and the Having graduated from my alma DEAR MR. SPEAKER: Pursuant to the per- President must faithfully execute the mater, Florida International Univer- mission granted in Clause 2(h) of Rule II of laws, whether he agrees with them or the Rules of the U.S. House of Representa- sity, with a degree in broadcast jour- not. tives, the Clerk received the following mes- nalism and a master’s degree in busi- In fact, President Obama has said sage from the Secretary of the Senate on ness, Pamela understands the impor- dozens of times that he doesn’t have April 19, 2016 at 10:56 a.m.: tance of higher education. Appointment: the power to unilaterally rewrite im- While Pamela calls Miami home, her Evidence-Based Policymaking Commis- migration laws. However, when the work as a six-time Emmy Award-win- sion. House of Representatives refused to ap- With best wishes, I am ning journalist has taken her all over prove the President’s mass amnesty Sincerely, the world. With her success, Pamela policies, he violated his own words and KAREN L. HAAS. has made it a point to be civic-minded acted alone. f and engaged in our community, pri- The Supreme Court should uphold marily on children and college edu- PROVIDING FOR CONSIDERATION the rule of law and stop the President’s cation issues. OF H.R. 1206, NO HIRES FOR THE Always wanting to do more, Pamela unprecedented executive amnesty poli- DELINQUENT IRS ACT, AND PRO- founded the Pamela Silva Conde Schol- cies. VIDING FOR CONSIDERATION OF arship, which focuses on assisting first- f H.R. 4885, IRS OVERSIGHT WHILE generation, low-income business or HEALTHIER ACT OF 2016 ELIMINATING SPENDING (OWES) journalism majors and help them at- ACT OF 2016 (Mr. DUNCAN of Tennessee asked tend college. and was given permission to address Mr. STIVERS. Mr. Speaker, by direc- Today I ask my Congressional col- the House for 1 minute and to revise tion of the Committee on Rules, I call leagues to join me in honoring Pamela and extend his remarks.) up House Resolution 687 and ask for its Silva Conde, and thank her for all that Mr. DUNCAN of Tennessee. Mr. immediate consideration. she has done and will continue to do Speaker, Remote Area Medical is a The Clerk read the resolution, as fol- for students in our south Florida com- nonprofit organization that sends lows: munity. teams of doctors and nurses to give H. RES. 687 f free medical care to our Nation’s poor- Resolved, That upon adoption of this reso- RECOGNIZING NORTH CAROLINA’S est people. I am proud that it is lution it shall be in order to consider in the TEACHER OF THE YEAR headquartered in my district and House the bill (H.R. 1206) to prohibit the hir- ing of additional Internal Revenue Service (Mr. MCHENRY asked and was given founded by my constituent, Stan employees until the Secretary of the Treas- permission to address the House for 1 Brock. ury certifies that no employee of the Inter- minute and to revise and extend his re- RAM, as we call it, is world-renowned nal Revenue Service has a seriously delin- marks.) for its great work. For over 30 years, quent tax debt. All points of order against Mr. MCHENRY. Mr. Speaker, I rise many thousands of people in the U.S. consideration of the bill are waived. In lieu today to recognize the 2016 North Caro- and worldwide have benefited from the of the amendment in the nature of a sub- stitute recommended by the Committee on lina Teacher of the Year, Bobbie free medical services provided by RAM’s volunteers. RAM has been fea- Ways and Means now printed in the bill, an Cavnar, from my district in Gaston amendment in the nature of a substitute County. tured on 60 Minutes and recognized for consisting of the text of Rules Committee Mr. Cavnar has spent the last 13 its excellence by media outlets such as Print 114-47 shall be considered as adopted. years teaching British literature at Time Magazine, BBC, and countless The bill, as amended, shall be considered as Belmont’s South Point High School. He others. read. All points of order against provisions spent the last year receiving awards, I have introduced the HEALTHIER in the bill, as amended, are waived. The pre- tremendous awards, in fact. In May, he Act of 2016, which would give a finan- vious question shall be considered as ordered was named Gaston County’s Teacher of cial incentive to any State that does on the bill, as amended, and on any further pass, or already has passed, laws that amendment thereto, to final passage without the Year. Then, in December, he was intervening motion except: (1) one hour of named the best teacher for North Caro- enable groups like RAM to volunteer debate equally divided and controlled by the lina’s southwest region. more easily across State borders to chair and ranking minority member of the Mr. Cavnar’s students describe him provide free medical services to our Committee on Ways and Means; (2) the fur- as an engaging teacher who asks your Nation’s neediest. Unlike many recent ther amendment printed in the report of the

VerDate Sep 11 2014 02:34 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.013 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1815 Committee on Rules accompanying this res- struggling to understand how to com- help us as we are trying to close in on olution, if offered by the Member designated ply with the complex Tax Code or with our deficit spending and are trying to in the report, which shall be in order without other directives from the Internal Rev- balance our budget. intervention of any point of order, shall be enue Service. Often, they turn to my The funds from these fees have his- considered as read, shall be separately debat- able for the time specified in the report office because they have no help within torically supported taxpayer services, equally divided and controlled by the pro- the agency and nobody willing to give but in fiscal year 2015, the IRS spent ponent and an opponent, and shall not be them help. only 10 percent of this money for that subject to a demand for a division of the I know that these problems aren’t purpose. It diverted the other 90 per- question; and (3) one motion to recommit new and they aren’t issues just con- cent for other purposes. In fact, the with or without instructions. tained in my district. They impact all Ways and Means Subcommittee on SEC. 2. Upon adoption of this resolution it Americans who have representatives Oversight found that the IRS is pur- shall be in order to consider in the House the posely diverting these funds away from bill (H.R. 4885) to require that user fees col- here in Congress, from both the Repub- lected by the Internal Revenue Service be lican and the Democrat side. taxpayer services and towards other deposited into the general fund of the Treas- We owe our constituents improve- functions, like the implementation of ury. All points of order against consideration ments in customer service from all ObamaCare and other items. of the bill are waived. In lieu of the amend- Federal agencies. In the end, everybody Together, these bills would take im- ment in the nature of a substitute rec- who works for our government is in the portant steps toward improving the ommended by the Committee on Ways and job of customer service to provide a IRS’ customer service to taxpayers, Means now printed in the bill, an amend- service for our citizens. and it would give Americans the peace ment in the nature of a substitute consisting And, of course, this week is tax week, of mind that the Internal Revenue of the text of Rules Committee Print 114-50 shall be considered as adopted. The bill, as so it is a natural week to advance some Service and its employees are following amended, shall be considered as read. All bills aimed at restoring our American the same laws that the American peo- points of order against provisions in the bill, people’s confidence in their public in- ple and taxpayers are required to fol- as amended, are waived. The previous ques- stitution and improving the taxpayer low. tion shall be considered as ordered on the experience with the Internal Revenue I reserve the balance of my time. bill, as amended, and on any further amend- Service. Mr. HASTINGS. Mr. Speaker, I yield ment thereto, to final passage without inter- This rule makes two bills in consider- myself such time as I may consume. vening motion except: (1) one hour of debate ation: No Hires for the Delinquent IRS I thank the gentleman from Ohio for equally divided and controlled by the chair yielding me the customary 30 minutes and ranking minority member of the Com- Act, sponsored by the gentleman from mittee on Ways and Means; and (2) one mo- North Carolina (Mr. ROUZER), and IRS for debate. tion to recommit with or without instruc- Oversight While Eliminating Spending Mr. Speaker, I rise to oppose the tions. (OWES) Act, sponsored by the gen- closed rule providing for the consider- The SPEAKER pro tempore. The gen- tleman from Missouri (Mr. SMITH). ation of both H.R. 1206, the No Hires for the Delinquent IRS Act, and H.R. 4885, tleman from Ohio is recognized for 1 b 1230 hour. the IRS Oversight While Eliminating Mr. STIVERS. Mr. Speaker, for the Under current law, the IRS is re- Spending Act of 2016. purpose of debate only, I yield the cus- quired to terminate any employee who Mr. Speaker, when we began this tomary 30 minutes to the gentleman willfully fails to file his Federal tax re- Congress, we were told that it would be turn or intentionally understates his from Florida (Mr. HASTINGS), pending the most open Congress that we have which I yield myself such time as I tax liability. A report from last year had in our great Nation. The general may consume. During consideration of by the Treasury Inspector General for public does not quite grasp, at least I this resolution, all time yielded is for Tax Administration found that the IRS believe, the significance of rules being the purpose of debate only. consistently reduces penalties for cur- closed or rules being open. rent employees who violate tax laws. When there is an open rule for what- GENERAL LEAVE The Treasury Inspector General re- Mr. STIVERS. Mr. Speaker, I ask ever the subject matter is, then every ported that, of the 1,580 employees who unanimous consent that all Members Member of the House of Representa- were found to have willfully violated may have 5 legislative days to revise tives has an opportunity, if he or she tax laws between 2004 and 2013, only 39 and extend their remarks. chooses, to make potential amend- The SPEAKER pro tempore. Is there percent were terminated, resigned, or ments to the subject matter that is be- objection to the request of the gen- retired. fore the House. My colleagues on the tleman from Ohio? The No Hires for the Delinquent IRS other side have chosen a different tack. There was no objection. Act would prohibit the hiring of addi- I might add, at other times—in my Mr. STIVERS. Mr. Speaker, on Mon- tional IRS employees until the Sec- opinion, wrongly—Democrats have day, the Rules Committee met and re- retary of the Treasury can certify that done the same thing, and that is to ported a rule for H.R. 1206, the No Hires current IRS employees do not have se- have closed rules and shut out the rest for the Delinquent IRS Act, and H.R. rious delinquent tax debt. The vast ma- of the people who may have interesting 4885, the IRS Oversight While Elimi- jority of Federal employees pay their and necessary proposals with reference nating Spending (OWES) Act of 2016. taxes in full and on time, but this bill to whatever the subject matter is. House Resolution 687 provides a would give the American people and In this particular instance, we are structured rule for H.R. 1206 and a American taxpayers the confidence in now numbering, with these two bills, 55 closed rule for H.R. 4885. knowing that Internal Revenue Service times that we have come here to the The resolution makes all germane employees are following the same laws floor with closed rules. I bring that to amendments offered by Members in that the American people follow and the attention of the general public order. that the agency is tasked with enforc- with an eye toward hoping that there Additionally, the resolution provides ing. will be some pressure, as there was each bill 1 hour of debate equally di- The other bill under consideration when I came here, on the majority vided between the chair and the rank- under this rule is the IRS Oversight body to begin to open up this process ing member of the Committee on Ways While Eliminating Spending Act, so that all Members can participate. and Means. which would repeal a provision of the These bills are nothing more than par- Mr. Speaker, each April, Americans current law that enables the Internal tisan messaging bills that the majority send a large portion of their hard- Revenue Service to spend user fees that hopes to use to score cheap political earned income to the Internal Revenue are collected by the agency without points during the tax season deadline, Service. Often, they don’t get a good any congressional approval or without which was yesterday. return on their investment from the an appropriation. Under this bill, these H.R. 1206 would freeze hiring at the agency tasked with collecting their tax fees would be directed to the Treas- IRS until the Treasury Secretary cer- dollars. ury’s general fund, helping to ensure tifies that there are no IRS employees Since I joined Congress in 2011, I have the agency operates in a transparent with seriously delinquent tax debt. I heard from countless constituents and accountable manner. It would also agree—and I believe Democrats agree—

VerDate Sep 11 2014 02:34 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A19AP7.006 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1816 CONGRESSIONAL RECORD — HOUSE April 19, 2016 that IRS employees should pay their did assert, with all of the horrible rain The Rules Committee did approve taxes. In my view, that is common and flooding that occurred in certain every amendment that was found ger- sense. The good news is that the IRS’ areas of Texas yesterday, that the re- mane. There were many amendments department, the Treasury, has the low- sidual from that likely will allow, as that were found not germane to these est tax delinquency rate—at 1.19 per- summer proceeds, for added mosquitos. bills. For example, there was an cent—throughout the entire executive What has transpired that is little un- amendment filed that would have de- branch. So, instead of solving the ac- derstood by the public is that this mat- clared that water district rebates are tual important problems that are fac- ter is now affecting as many as 20 not taxable, but because neither of ing our Nation, my Republican States, according to the chairman. My these bills actually amends the Tax friends—and the presenter of this recollection, from just the news alone, Code and defines what is taxable and measure is my friend—have, appar- indicates that there may be as many as what is not, that was not germane. Of ently, decided it is more important to 33 States in which this pronounced every amendment the Rules Com- try and invent problems to solve. virus has shown up. There are now 80 mittee actually found germane, we in- There is then H.R. 4885, yet another examples of its having occurred in the cluded it to be voted on. One of these one of these grab bag proposals that we State of Florida—7 of them in the con- bills has an amendment, and the other bring here with more than one rule at gressional district that I am privileged one had no germane amendments filed. a time. This bill would prohibit the to serve. This particular virus that af- The rule did include some opportuni- IRS from supplementing its annual ap- fects pregnant women and their chil- ties for that. propriations funding through user fees, dren is likely to mutate, and scientists I appreciate the gentleman from but what it really amounts to is an signified—the NIH department testified Florida’s impassioned plea on things end-around attempt to cut an addi- here earlier this week—that this may like infrastructure and Zika, on which tional 4 percent from the IRS’ budget. now be something that we are going to we do have bipartisan agreement—the We already cut that budget, rather sub- have to look at with adults, who may gentleman is correct—and we need to stantially, previously. Now we seek, very well wind up with this problem. work to solve those problems. under this measure, to cut even more. If this thing blows up, then we are b 1245 In other words, the majority often going to have a crisis in this Nation, complains that the IRS is not good at and that needs to be addressed right In this rule, we have two bills from its job, and in their wisdom, the answer now, not at such time as many people the Ways and Means Committee. It is to this concern is to cut the agency’s are affected. We can reasonably expect tax week. Frankly, it is a week for us budget even more and make it harder that, with what has occurred, the to increase the transparency and ac- to hire the people it needs. The IRS is President has requested nearly $2 bil- countability of the Internal Revenue already drastically underfunded and lion to address this problem. The Re- Service, and that is what these two understaffed, so, naturally, my friends publican majority sent back to the bills do. on the other side think the solution is President: take it out of Ebola, and Frankly, the IRS has 100,000 employ- to cut more and hire less. This counter- take it out of other areas. The NIH in- ees. So by the gentleman’s own math, intuitive logic is not making the IRS a dicates that they would then have to Mr. Speaker, of 1.5 percent, that is 1,500 more successful agency. No. Instead, go into other funds, which they are employees with serious delinquencies these proposals will simply make the going into, including the fund for tu- in the IRS, working to process other IRS’ already difficult task of enforcing berculosis. people’s taxes. the tax law and serving the American Here again, we have a similar exam- There is some work we need to do to, people even more difficult. ple as to what we have going on here. again, to give some belief to the Amer- Mr. Speaker, more importantly, last Rather than addressing a real crisis, we ican people that the employees of the week, I asked my colleagues on the are addressing matters that are going Internal Revenue Service play by the other side of the aisle: Where is the nowhere fast. We are not taking steps same rules that the American people budget? I had the pleasure of working to ensure that men and women are paid do and that the American taxpayers with my friend from Ohio in presenting the same for the same work. We are do. I think that is the purpose of the yet another rule that was going no- not working to reform our criminal bill. where like this one is. I asked him to justice system or our broken immigra- As soon as the Treasury Secretary have a colloquy with me regarding the tion system. In fact, under the leader- can verify that we have weeded out budget. I won’t bother him with that ship of this Republican majority, we those with serious delinquencies from this week. I am sure that, doubtless, he are not doing much of anything here to the IRS, then they could continue to and I will be back here next week and solve any of the problems that are fac- hire. So there is nothing that gets in will be talking about the ongoing nego- ing our country—a broken infrastruc- the way there. tiations, as he told me last week, on ture that we have been begging about The other bill from the gentleman the side of the majority. right here in the Nation’s Capital. from Missouri (Mr. SMITH) makes sure This week, now that we have blown Aside from all of the potholes, the Me- that, when there are user fees that past the statutorily mandated deadline morial Bridge may very well be shut aren’t appropriated, they can’t be used. to pass a budget resolution, through down as well as thousands of bridges in They have to go back to the Treasury. my colleague on the other side and this country; yet we cannot do the Frankly, Article I of our Constitu- you, Mr. Speaker, I will just ask my things that are vitally necessary that tion says that Congress will appro- colleagues on the other side of the we should be doing in a bipartisan fash- priate money for government services aisle: Where is the budget? Perhaps the ion. and government agencies. When we American people would like to ask Mr. Speaker, the Republican Con- have unaccountable fees that are not them the same thing: Where is the ference’s inability to govern means, in- used through the appropriations proc- budget? stead of addressing the many impor- ess, it creates a problem. It is a con- Mr. Speaker, it is not just the fact tant problems that are facing this stitutional problem. It is time we stand that we have no budget; it is the fact great Nation of ours, we are here up for the Constitution, and that is that we are not addressing, for exam- today, attacking an already under- what we are doing today with Mr. ple, Puerto Rico’s debt crisis, that we funded and understaffed agency so that SMITH’s bill. are not funding a response to combat the majority can score political points. I yield 5 minutes to the gentleman the risk posed by the Zika virus. Let Sadly, this has become the status quo from Texas (Mr. SESSIONS), the distin- me footnote that particular situation. with my friends on the other side of guished chair of the Rules Committee. My understanding is that, yesterday, the aisle. Mr. SESSIONS. Mr. Speaker, I appre- in the Rules Committee, the chairman I reserve the balance of my time. ciate the gentleman from Ohio (Mr. of the Rules Committee indicated that Mr. STIVERS. Mr. Speaker, I yield STIVERS), who is a member of the Rules he thought that there were 20 States myself such time as I may consume. Committee, for not only yielding me that had this problem but that he felt I want to address a few issues with the time, but also for the service that that Texas didn’t have the problem. He regard to the rule on the two bills. he gives to the Rules Committee, the

VerDate Sep 11 2014 02:34 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.017 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1817 hours of deliberate work, reading, and Now, Mr. Speaker, what we are try- I ask the chairman if he would re- thought process. ing to say today to the IRS—because main just a moment to engage in a col- I also want to address, if I can, as the this is how we give them oversight. We loquy with me. gentleman from Ohio (Mr. STIVERS) hold a hearing. We do a markup. We Mr. Chairman, with great respect, do did, with great admiration not only to bring the ideas to the Rules Com- you agree with me that, between the Judge HASTINGS for always constantly mittee. years 2010 and 2015, Congress cut the staying with issues and ideas that not The Rules Committee notifies all the IRS budget by 17 percent? only affect his district in Florida, but Members that, if you have an idea Mr. SESSIONS. Will the gentleman that really address the entire country. about how you would like to talk about yield? I was delighted yesterday when the this bill, there is an amendment proc- Mr. HASTINGS. I yield to the gen- gentleman brought up in a most ess. For both the rules that we are tleman from Texas. thoughtful, genuine way: Where is the doing today, we made all of the amend- Mr. SESSIONS. Mr. Speaker, I appre- answer to these important questions? ments in order that were germane. ciate the gentleman engaging me in a What we are here today, Mr. Speaker, What we are saying here, Mr. Speak- colloquy. to do is—as the gentleman from Ohio er, is that we disagree with the IRS. In fact, on a bipartisan basis, that (Mr. STIVERS) talked about, we are here We are going to force the IRS to begin was achieved, and the President of the to have, I think, once again a thought- using these user fees in the way that United States signed the legislation. ful debate about some problems that they have historically done so that the That was because of the gross examples we think we see. public, which are taxpayers, have a of the IRS’ conduct as it was related to The role of the United States Con- chance to comply with the law, to get politicalization. That would be correct. gress, on behalf of the American peo- Mr. HASTINGS. So, then, having cut their questions answered, and to do ple, is to make sure that we provide their budget by 17 percent and then not business as is necessary. proper oversight, that we fund well and The IRS has intentionally changed allowing them to undertake the user faithfully the running of the govern- the way they do business to the det- fees under the measure that is before ment. riment of the customer. Republicans us in a manner as you assert to under- As we see things that happen from all the time argue we ought to be more take a mandate that they had, do you time to time, it is our role to make like customer services or a business- agree with me that the IRS, under the sure that we are providing the debate, Affordable Care Act, is mandated to the argument, the facts of the case, type organization. The SPEAKER pro tempore. The implement that act? and that is what we are doing today Mr. SESSIONS. Yes, sir. In fact, I do. time of the gentleman has expired. about the IRS. Mr. STIVERS. I yield an additional 3 But I also recognize—and the gen- The gentleman from Ohio (Mr. STIV- minutes to the gentleman from Texas. tleman knows this. You are making a ERS) did talk about H.R. 4885, IRS Over- Mr. SESSIONS. Mr. Speaker, so what very, very good point. They did not use sight While Eliminating Spending Act. it for something they were not author- There is more to the story about fees we are trying to say today, which we would like to do on a bipartisan basis, ized to do. that are being collected by the IRS. My point is that I think what we are which we would like to do straight up I am going to read here directly trying to say is we would like to get and look right at the IRS, is say: We about what they have done. Mr. Speak- the IRS to answer more questions. would like to meet you in a way to er, traditionally, the IRS has used this Some of the people who might be ask- where you know what we think. We money that they collect in fees, that ing questions, it might be related to would like to be very specific. We they collect for work that they do that the Affordable Care Act because, in would like to show you exactly what goes directly back into customer serv- fact, it is a new portion of the law. And we are talking about. We would love to ice, sustaining themselves in the eyes the IRS, I believe, has a duty to at of the public, taking calls, answering have you comply. In this case, it is taking a piece of least balance what they do, sir. questions, trying to be of a service na- Mr. HASTINGS. I appreciate that legislation that we think is in the best ture. very much, Mr. Chairman. We understand the IRS is an organi- interest of the IRS—because we are Then, for all of our edification, not zation that is there to collect taxes and helping them protect themselves—and needing a response unless you care to very few people want to pay certainly Congress that has oversight and an ad- give one, I said earlier in my remarks more than what they have to. But in ministration that we would welcome that it was less than 2 percent of the doing that, in complying with the law, this opportunity. This is not some delinquencies that occurred in the ex- it is not unusual that a taxpayer would sneaky attempt to do something ecutive branch, inclusive of the IRS. want to contact the Service to learn wrong. This is the right attempt. I don’t mean to beat up on staff and more about paying their taxes, prop- The second part of the rule is H.R. Congress people, but congressional em- erly reporting their taxes, and properly 1206, No Hires for the Delinquent IRS ployees have less than 6 percent, about doing things. Act. That simply says that we want to 5.8 percent, delinquencies. So, historically, the user fee account make sure that the Commissioner of Now, I am not arguing for delin- has primarily supported taxpayer serv- the IRS understands that they should quencies. But if we are going to go ices in the past. However, the Ways and not hire any new employee if they have after the IRS, then we might want to Means Subcommittee on Oversight a tax problem. take care of our own. found that, in fiscal year 2015, the IRS I would think that would be part of I yield to the gentleman from Texas, deliberately diverted resources away the agreement. I would think that an if he cares to respond. from taxpayer services toward other employee of the IRS would understand Mr. SESSIONS. Mr. Speaker, the agency functions, including implemen- that, to be faithful to their job, they gentleman makes a very important tation of the Affordable Care Act. should not be given an extra status point. I would respond back by saying So they took their eye off the ball better than any taxpayer who pays it is probably my fault and Members’ that they had previously done to their taxes, has done what they are fault. We do not ask that question. change that. In fiscal year 2014, the supposed to do, and follows the law. I do not have a determination. I gen- IRS spent $183 million in these user Mr. Speaker, that is why Republicans erally do not do a full background fees on taxpayer services, which was 44 are on the floor of the House of Rep- check. I do not have access to their percent of the user account fees. That resentatives today. I am proud of what records. I would not know if they were is what they used it for: 44 percent. Congressman STIVERS is doing. I sup- telling me the truth or not. In fiscal year 2015, however, the agen- port this rule that is a fair and logical If you were a law enforcement orga- cy spent only $49 million—from $183 rule for the best interest of us working nization or if you were a hospital look- million to $49 million on taxpayer serv- with the IRS, with our colleagues that ing for certification, if you were the ices and only 10 percent of user fees are Democrats and Republicans, and IRS, you would have pretty much data from those accounts that came in. with the administration. available to you so that you didn’t ask That decision amounted to a 73 percent Mr. HASTINGS. Mr. Speaker, I yield a question that you couldn’t verify. So reduction in user fee allocation. myself such time as I may consume. I think the gentleman makes a point.

VerDate Sep 11 2014 02:34 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.019 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1818 CONGRESSIONAL RECORD — HOUSE April 19, 2016 I will tell you that this Member of as low as 35. They seem to be the tail the budget? That is what I ask my col- Congress is now and has always been that is wagging this elephant. leagues. faithful and has not done anything So here we are. No budget, and we Mr. Speaker, I yield back the balance with his taxes. I pay mine every year. aren’t addressing any of the real press- of my time. Mr. HASTINGS. Mr. Speaker, I am ing issues facing our country. Rather, Mr. STIVERS. Mr. Speaker, I appre- not just talking about we are debating partisan messaging ciate the gentleman’s points on things Congresspersons, I am talking about bills with no hope of becoming law. I we should be doing, and I agree and throughout the bureaucracy. don’t think that there are companion hope we can get a budget agreement in Mr. SESSIONS. Well, I agree with measures in the United States Senate, the next coming days or weeks, hope- that. Once again, I don’t ask the ques- and I can pretty much assure every- fully as soon as we can get it done. tion, but the IRS should. body that when we finish the discus- There are other pressing issues that Mr. HASTINGS. Yes, I follow you. I sion here today and the Republicans face this country: issues of infrastruc- don’t have a problem with that. I pass this measure—and a handful of ture, the Zika virus and how we are thank the chairman for his forthright Democrats may vote for it; I doubt ready for it. commentary. that—but when we pass it, that will be But today we are here on two bills Mr. Speaker, I would advise my col- the end of it and tax season will go on. that can increase the transparency and league from Ohio that I have no further We will have made the measure look accountability of the Internal Revenue speakers. I think we have made our like it is something that the American Service. I believe both of those bills are time deadline of 1:50. So I am ready to people are going to have as law. well intentioned. I think they would close. The House of Representatives is not both bring more accountability and Mr. STIVERS. Mr. Speaker, I also just some messaging platform that the more taxpayer confidence to that agen- have no further speakers and am pre- majority can use to try and score cy, and I would urge my colleagues to pared to close. transparently cheap political points. It support both the rule and the under- Mr. HASTINGS. Mr. Speaker, I yield is a place where the issues facing our lying legislation. myself such time as I may consume. Nation should be addressed and solved The material previously referred to If we defeat the previous question, I in a bipartisan manner. by Mr. HASTINGS is as follows: am going to offer an amendment to the I want to lift from Roll Call—and for AN AMENDMENT TO H. RES. 687 OFFERED BY rule to bring up a bill that would en- purposes of those in the general public MR. HASTINGS sure that American corporations that of our great country that do not know, At the end of the resolution, add the fol- enjoy the benefits of operating in our we have two or three little papers here lowing new sections: country continue to pay their fair inside the beltway, inside the capital, SEC. 3. Immediately upon adoption of this resolution the Speaker shall, pursuant to share of taxes by closing the tax inver- and Roll Call is one of them. They, clause 2(b) of rule XVIII, declare the House sion loophole. today, say the following: resolved into the Committee of the Whole Mr. Speaker, I ask unanimous con- ‘‘Governing by crisis has become the House on the state of the Union for consider- sent to insert the text of the amend- norm in Congress in recent years, but ation of the bill (H.R. 415) to amend the In- ment in the RECORD along with extra- so far this year even that hasn’t hap- ternal Revenue Code of 1986 to modify the neous material immediately prior to pened. rules relating to inverted corporations. The the vote on the previous question. ‘‘Puerto Rico is on the verge of eco- first reading of the bill shall be dispensed The SPEAKER pro tempore. Is there nomic collapse, an average of 78 people with. All points of order against consider- are dying every day from opioid ation of the bill are waived. General debate objection to the request of the gen- shall be confined to the bill and shall not ex- tleman from Florida? overdoses,’’ and 90-plus people from ceed one hour equally divided and controlled There was no objection. gun violence, accidental or otherwise, by the chair and ranking minority member Mr. HASTINGS. Mr. Speaker, I urge ‘‘and mosquitoes carrying the Zika of the Committee on Ways and Means. After my colleagues to vote ‘‘no’’ on the pre- virus have been found in 30 States. But general debate the bill shall be considered vious question. Congress has shown no urgency about for amendment under the five-minute rule. These partisan messaging bills are addressing those issues. All points of order against provisions in the not what the American people want or ‘‘Maybe that’s not surprising from a bill are waived. At the conclusion of consid- eration of the bill for amendment the Com- deserve. These bills are what the ex- Republican majority that can’t even adopt a nonbinding budget resolution mittee shall rise and report the bill to the tremists in the Republican Party that House with such amendments as may have didn’t come here to govern want. after months of ‘family’ discussions.’’ been adopted. The previous question shall be Mr. Speaker, the Republican Con- b 1300 considered as ordered on the bill and amend- ference has cowered to the extremists ments thereto to final passage without inter- Instead of debating and passing a in their party, which is truly shameful vening motion except one motion to recom- budget, we are here today ignoring the and not doing one thing to help the mit with or without instructions. If the important work of governing so the people of this great Nation that we Committee of the Whole rises and reports majority can try and score political have been elected to serve. that it has come to no resolution on the bill, points and appease the insatiable ex- Let me make a prediction. This then on the next legislative day the House treme wing of their party that turned measure will pass. Both these bills will shall, immediately after the third daily order of business under clause 1 of rule XIV, down their party’s own budget pro- pass the House of Representatives, and resolve into the Committee of the Whole for posal. tomorrow we will be back here talking further consideration of the bill. By the way, the Republican budget about some more measures that are SEC. 4. Clause 1(c) of rule XIX shall not proposal, the one they couldn’t get not going to pass as law. Several rea- apply to the consideration of H.R. 415. enough votes in their own conference sons why. The Senate, first, is not like- to pass, would have ended the Medicare ly to take it up, and even if they did, THE VOTE ON THE PREVIOUS QUESTION: WHAT IT REALLY MEANS guarantee for seniors. It would have the administration policy is widely made $6.5 trillion in cuts, the sharpest known that the measures would be ve- This vote, the vote on whether to order the previous question on a special rule, is not ever proposed by the House Committee toed. merely a procedural vote. A vote against or- on the Budget. It would have repealed So why are we doing this instead of dering the previous question is a vote the Affordable Care Act and dismantled Zika? Why are we doing this instead of against the Republican majority agenda and the affordable health care of 20 million equal pay for women? Why are we a vote to allow the Democratic minority to Americans. doing these things instead of dealing offer an alternative plan. It is a vote about And yet, that Republican proposal, as with our infrastructure? Why are we what the House should be debating. extreme as I view it to be, was still not doing these things instead of giving us Mr. Clarence Cannon’s Precedents of the enough to get the extremist wing to a budget so that the appropriations House of Representatives (VI, 308–311), de- scribes the vote on the previous question on agree to it. When I say ‘‘the extremist process can do more than end with a the rule as ‘‘a motion to direct or control the wing,’’ we are talking about roughly 40 measure that will throw everything to- consideration of the subject before the House Members of the House of Representa- gether at the end of this session? Why being made by the Member in charge.’’ To tives. Maybe it flows as high up as 47 or are we doing these things and where is defeat the previous question is to give the

VerDate Sep 11 2014 05:46 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.020 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1819 opposition a chance to decide the subject be- PROVIDING FOR CONSIDERATION rated from service for misconduct. All points fore the House. Cannon cites the Speaker’s OF H.R. 4890, BAN ON IRS BO- of order against consideration of the bill are ruling of January 13, 1920, to the effect that NUSES UNTIL SECRETARY OF waived. In lieu of the amendment in the na- ‘‘the refusal of the House to sustain the de- THE TREASURY DEVELOPS COM- ture of a substitute recommended by the mand for the previous question passes the Committee on Ways and Means now printed control of the resolution to the opposition’’ PREHENSIVE CUSTOMER SERV- in the bill, an amendment in the nature of a in order to offer an amendment. On March ICE STRATEGY, AND PROVIDING substitute consisting of the text of Rules 15, 1909, a member of the majority party of- FOR CONSIDERATION OF H.R. Committee Print 114-48 shall be considered fered a rule resolution. The House defeated 3724, ENSURING INTEGRITY IN as adopted. The bill, as amended, shall be the previous question and a member of the THE IRS WORKFORCE ACT OF considered as read. All points of order opposition rose to a parliamentary inquiry, 2015 against provisions in the bill, as amended, asking who was entitled to recognition. are waived. The previous question shall be Speaker Joseph G. Cannon (R–Illinois) said: Mr. COLLINS of Georgia. Mr. Speak- considered as ordered on the bill, as amend- ‘‘The previous question having been refused, er, by direction of the Committee on ed, and on any further amendment thereto, the gentleman from New York, Mr. Fitz- Rules, I call up House Resolution 688 to final passage without intervening motion gerald, who had asked the gentleman to and ask for its immediate consider- except: (1) one hour of debate equally divided yield to him for an amendment, is entitled to ation. and controlled by the chair and ranking mi- the first recognition.’’ The Clerk read the resolution, as fol- nority member of the Committee on Ways The Republican majority may say ‘‘the lows: and Means; and (2) one motion to recommit with or without instructions. vote on the previous question is simply a H. RES. 688 vote on whether to proceed to an immediate Resolved, That at any time after adoption The SPEAKER pro tempore. The gen- vote on adopting the resolution . . . [and] of this resolution the Speaker may, pursuant tleman from Georgia is recognized for 1 has no substantive legislative or policy im- to clause 2(b) of rule XVIII, declare the hour. plications whatsoever.’’ But that is not what House resolved into the Committee of the Mr. COLLINS of Georgia. Mr. Speak- they have always said. Listen to the Repub- Whole House on the state of the Union for er, for the purpose of debate only, I lican Leadership Manual on the Legislative consideration of the bill (H.R. 4890) to impose yield the customary 30 minutes to the Process in the United States House of Rep- a ban on the payment of bonuses to employ- gentleman from Massachusetts (Mr. resentatives, (6th edition, page 135). Here’s ees of the Internal Revenue Service until the how the Republicans describe the previous Secretary of the Treasury develops and im- MCGOVERN), pending which I yield my- question vote in their own manual: ‘‘Al- plements a comprehensive customer service self such time as I may consume. Dur- though it is generally not possible to amend strategy. The first reading of the bill shall be ing consideration of this resolution, all the rule because the majority Member con- dispensed with. All points of order against time yielded is for the purpose of de- trolling the time will not yield for the pur- consideration of the bill are waived. General bate only. pose of offering an amendment, the same re- debate shall be confined to the bill and shall GENERAL LEAVE sult may be achieved by voting down the pre- not exceed one hour equally divided and con- vious question on the rule.... When the trolled by the chair and ranking minority Mr. COLLINS of Georgia. Mr. Speak- motion for the previous question is defeated, member of the Committee on Ways and er, I ask unanimous consent that all control of the time passes to the Member Means. After general debate the bill shall be Members have 5 legislative days to re- who led the opposition to ordering the pre- considered for amendment under the five- vise and extend their remarks on House vious question. That Member, because he minute rule. In lieu of the amendment in the Resolution 688, currently under consid- then controls the time, may offer an amend- nature of a substitute recommended by the eration. ment to the rule, or yield for the purpose of Committee on Ways and Means now printed The SPEAKER pro tempore. Is there amendment.’’ in the bill, it shall be in order to consider as objection to the request of the gen- In Deschler’s Procedure in the U.S. House an original bill for the purpose of amend- tleman from Georgia? ment under the five-minute rule an amend- of Representatives, the subchapter titled There was no objection. ‘‘Amending Special Rules’’ states: ‘‘a refusal ment in the nature of a substitute consisting of the text of Rules Committee Print 114-49. Mr. COLLINS of Georgia. Mr. Speak- to order the previous question on such a rule er, I am pleased to bring forward this [a special rule reported from the Committee That amendment in the nature of a sub- on Rules] opens the resolution to amend- stitute shall be considered as read. All points rule on behalf of the Committee on ment and further debate.’’ (Chapter 21, sec- of order against that amendment in the na- Rules. The rule provides for consider- tion 21.2) Section 21.3 continues: ‘‘Upon re- ture of a substitute are waived. No amend- ation of H.R. 4890, Ban on IRS Bonuses jection of the motion for the previous ques- ment to that amendment in the nature of a Until Secretary of the Treasury Devel- tion on a resolution reported from the Com- substitute shall be in order except those ops Comprehensive Customer Service mittee on Rules, control shifts to the Mem- printed in the report of the Committee on Strategy, and H.R. 3724, Ensuring In- Rules accompanying this resolution. Each ber leading the opposition to the previous tegrity in the IRS Workforce Act of question, who may offer a proper amendment such amendment may be offered only in the order printed in the report, may be offered 2015. or motion and who controls the time for de- For each of these two bills, the rule bate thereon.’’ only by a Member designated in the report, shall be considered as read, shall be debat- provides for 1 hour of debate equally di- Clearly, the vote on the previous question able for the time specified in the report vided and controlled by the chair and on a rule does have substantive policy impli- equally divided and controlled by the pro- ranking minority member of the Com- cations. It is one of the only available tools ponent and an opponent, shall not be subject for those who oppose the Republican major- mittee on Ways and Means and also to amendment, and shall not be subject to a provides a motion to recommit. H.R. ity’s agenda and allows those with alter- demand for division of the question in the native views the opportunity to offer an al- House or in the Committee of the Whole. All 4890 will be considered under a struc- ternative plan. points of order against such amendments are tured rule, while H.R. 3724 will be con- sidered under a closed rule, as none of Mr. STIVERS. Mr. Speaker, I yield waived. At the conclusion of consideration of the amendments submitted were ger- back the balance of my time, and I the bill for amendment the Committee shall rise and report the bill to the House with mane. move the previous question on the res- such amendments as may have been adopted. Yesterday the Committee on Rules olution. Any Member may demand a separate vote in received testimony from members of The SPEAKER pro tempore. The the House on any amendment adopted in the the Committee on Ways and Means. question is on ordering the previous Committee of the Whole to the bill or to the Both pieces of legislation covered by question. amendment in the nature of a substitute made in order as original text. The previous this rule were considered and marked The question was taken; and the question shall be considered as ordered on up by the Committee on Ways and Speaker pro tempore announced that the bill and amendments thereto to final Means and enjoyed discussion before the ayes appeared to have it. passage without intervening motion except that committee. H.R. 3724 passed the Mr. HASTINGS. Mr. Speaker, on that one motion to recommit with or without in- committee by a voice vote, and H.R. structions. I demand the yeas and nays. 4890 was also passed and reported by SEC. 2. Upon adoption of this resolution it the Committee on Ways and Means. The yeas and nays were ordered. shall be in order to consider in the House the It is fitting that the House consider bill (H.R. 3724) to amend the Internal Rev- The SPEAKER pro tempore. Pursu- enue Code of 1986 to prohibit the Commis- these bills to rein in and reform the ant to clause 8 of rule XX, further pro- sioner of the Internal Revenue Service from IRS this week, as Americans across the ceedings on this question will be post- rehiring any employee of the Internal Rev- country have had to face tax day yes- poned. enue Service who was involuntarily sepa- terday.

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A19AP7.016 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1820 CONGRESSIONAL RECORD — HOUSE April 19, 2016 Our Tax Code is overly burdensome I would like to thank Ways and do its job while this Republican major- and complex and penalizes hard- Means Committee Chairman BRADY, ity can’t even do its job of passing a working Americans. Tax dollars belong Congresswoman NOEM, Congressman budget and fulfilling its most basic re- in the hands of Americans who have MEEHAN, and their staffs for their work sponsibility of governing. earned them, not in the hands of Wash- in bringing together these important So if my Republican friends don’t ington bureaucrats. reforms. want to pass a budget, there are other The bills before us today help to rein Mr. Speaker, I reserve the balance of important things we can do besides in the IRS, protect taxpayer money, my time. these message bills that are going no- and hold the IRS accountable. Mr. MCGOVERN. Mr. Speaker, I yield where: H.R. 4890, introduced by the gen- myself such time as I may consume, Negotiations have stalled on legisla- tleman from Pennsylvania (Mr. MEE- and I want to thank the gentleman tion to help Puerto Rico avoid a de- HAN), prohibits the IRS from paying bo- from Georgia (Mr. COLLINS) for yielding fault. We could do that. nuses to employees until it creates and me the customary 30 minutes. A bill to provide aid to families in submits to Congress a comprehensive (Mr. MCGOVERN asked and was Flint, Michigan, has not reached the strategy to improve customer service. given permission to revise and extend floor for a vote. Clearly, I think every- The IRS’ mission is to ‘‘provide his remarks.) body in this country was horrified America’s taxpayers top quality serv- Mr. MCGOVERN. Mr. Speaker, I rise when they learned of the fact that the ice by helping them understand and in very strong opposition to this rule, residents of Flint, Michigan, were which provides for consideration of meet their tax responsibilities. . .’’ being poisoned by the water that was H.R. 4890, under a structured process, Unfortunately, the IRS has fallen coming out of their faucets. We could and H.R. 3724, under a completely woefully short of this stated goal. The do something about that, but we are closed process. These two pieces of leg- IRS does not have a comprehensive not. islation are part of the House major- customer service strategy to ensure A bipartisan, comprehensive immi- ity’s effort this week to micromanage that it is providing effective and effi- gration reform bill that passed the U.S. the IRS and undermine its ability to cient service. In fact, in fiscal year Senate has been blocked by the leader- enforce our tax laws. ship in this House for the past 3 years. 2015, only 38 percent of the callers This is not a serious attempt at legis- We could actually fix our immigration wanting to speak to an IRS representa- lating. These bills are press releases. laws rather than just complain about tive were able to reach one. This is un- Let’s be honest. They are press releases them, but we are not going to do that, acceptable. for my friends in the majority to use I guess, either. No one likes to pay their taxes, but on the campaign trail, and they are I might also suggest to my friends the IRS has a responsibility to provide serving as a distraction from the busi- that, if they need bills to consider on service and assistance to those who are ness the Republican leadership has the floor, we could respond to the thou- trying to meet the burdensome obliga- failed to act upon. tion. Last Friday, House Republicans sands and thousands of constituents H.R. 4890 makes clear that until the missed the legally mandated deadline from all over the country that have IRS meets its obligation to the tax- for Congress to enact a budget, and it been rallying at the Capitol during the payers who fund the agency, IRS em- appears as though we are not going to past week as part of the Democracy ployees will not get bonuses. To me, see a budget resolution on the floor Spring and Democracy Awakening this is common sense. We should not be this week—or anytime soon. It is pret- movements and take up legislation to rewarding agency employees when they ty sad that Speaker RYAN, a former reform our campaign finance system. are not meeting their mission. H.R. Budget Committee chairman himself, Let’s do something about getting the 4890 helps hardworking Americans by can’t get the House to pass a budget. money out of politics. Let’s remove the ensuring that the IRS implements a In 2011, Speaker RYAN said that fail- influence that special interests have on comprehensive customer service strat- ing to enact a budget is a ‘‘historic congressional elections—and all elec- egy. failure to fulfill one of the most basic tions—because of our broken campaign H.R. 3724, introduced by the gentle- responsibilities of governing.’’ In 2012, finance laws. We could do that, but we woman from South Dakota (Mrs. the Speaker went on to say that not are not. We are doing messaging bills NOEM), prohibits the IRS Commissioner passing a budget ‘‘has serious con- that are going nowhere. from rehiring any employee who was sequences for American families.’’ We could join millions of our con- let go from the agency for misconduct. But the extreme budget proposed by stituents and people across the globe in Now, just think about that one for a the Republican leadership—a budget celebrating Earth Day by considering second. We are in a place with the IRS that would end the Medicare guar- climate change legislation. I know that where we have to prohibit by law that antee, gut antipoverty programs, and may be a heavy lift on my Republican agency from rehiring people who they demand $6.5 trillion in cuts—was not friends, because a big chunk of the Re- have fired for misconduct. No wonder extreme enough for House Republicans, publican Conference doesn’t even be- people shake their heads. so they can’t get a majority within lieve that climate change is an issue. I can tell you this—a businessman or their ranks. This is a failure of the ma- We could do tax reform. Let’s sim- woman in Georgia would think twice jority to do its job, plain and simple. plify the Tax Code. Let’s remove all about hiring someone they had to fire, Demands by a vocal group of conserv- these loopholes that allow big corpora- but the IRS, which has access to sen- ative Members to abandon a bipartisan tions to escape paying taxes while reg- sitive taxpayer data, is repeatedly agreement reached last year on spend- ular, hardworking people have to pay doing just that, according to the agen- ing caps has put a budget in jeopardy taxes. Let’s do tax reform. That would cy’s own inspector general. and the promise of regular order for be a good thing to do during this week, In fact, according to Treasury Inspec- the appropriations process out of but we are not going to do that. tor General for Tax Administration, reach. Don’t be surprised if all these And perhaps we can maybe debate an the IRS rehired 141 former employees spending bills get crammed in during a AUMF, an Authorization for Use of who had been removed from service for lame duck session after voters have Military Force, something that I have issues ranging from falsification of of- cast their ballots and we have this big been urging this place to do for a long, ficial forms to abuse of IRS leave and monstrosity that comes before the long time now. Yesterday, the Pen- property policies. Congress—nobody knows what is in it— tagon announced hundreds more U.S. and it gets passed. That is the way the forces will be deployed in Iraq. We are b 1315 business of this House will proceed. I getting sucked into this war even more Americans deserve better. They de- don’t think that is what the American deeply. I think people are tired of end- serve to know their tax and personal people want; and if you want to talk less wars. Our troops are expected to information is protected and that those about what makes the American people perform their responsibilities when we handling it are held accountable. It is shake their heads, it is that. send them to places like Iraq and past time we hold the IRS to a higher Forgive me if I find it ironic that we Syria, but why aren’t we expected to standard. are here today telling the IRS how to do our job and actually debate these

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.024 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1821 issues and vote on them? Instead, we provisions remain or are repealed, NTEU be- However, implementation of this strategy are silent; we are indifferent. lieves it is important to remember that the will require a commitment by Congress to So we have a lot that we can do. Un- IRS, and its personnel, are charged with im- provide the IRS with the necessary resources fortunately, we are not doing any of plementing each and every tax law passed by and staffing. If members are serious about Congress, including the ACA. Therefore, it is helping the IRS meet its mission of pro- those things. This place is becoming a imperative that the IRS be provided with the viding taxpayers with top quality service in Chamber where trivial issues are de- resources necessary to carry out its respon- a timely manner, Congress will fund the Ad- bated passionately and important ones sibilities under the law, and to retain the ministration’s FY 2017 IRS budget request. not at all. We need to do better, and we flexibility to allocate user fee revenues as Furthermore, this measure is unfairly pu- need to start coming together and fig- necessary to do so. nitive to hard-working front-line employees uring out how to solve some of these Prohibiting the IRS from accessing the who are not responsible for developing or im- plementing agency-wide policies and strate- problems. roughly $400 million in user fees it collects each year is effectively an immediate cut of gies, and who have already experienced sig- H.R. 3724, which is unnecessary at $400 million to its budget, and will simply nificant pay hardships in recent years— best, prohibits the IRS Commissioner force the IRS to divert resources from other stemming from the three-year pay freeze and from rehiring any former employee critical taxpayer service and enforcement furlough days, followed by three years of that was terminated for misconduct, programs to carry out its statutory man- minuscule pay increases, and performance even though there are already proc- dates. awards below one percent of their salaries. esses in place to ensure employees with NTEU also urges you to oppose H.R. 1206, Like all federal agencies and effective em- significant performance or conduct the ‘‘No Hires for the Delinquent IRS Act’’ ployers, the IRS must be able to properly which would prohibit the hiring of additional compensate its workforce, particularly at a problems are not rehired. This legisla- IRS employees until the Secretary of the time of a healthy job market, and to distin- tion is not even necessary. Treasury certifies that no employee of the guish and reward higher performing employ- H.R. 4890 prevents the Treasury De- IRS has a seriously delinquent tax debt. ees. partment from paying bonuses to IRS While NTEU believes that each and every For these reasons, we strongly urge you to employees until the Secretary submits IRS employee should pay their taxes in full oppose these bills during committee consid- to Congress a customer service strat- and on time, we have serious concerns about eration on Wednesday, April 13. Please con- egy that has been approved by the how the bill defines a seriously delinquent tact Matt Socicnat of my staff if you have any questions. Treasury Inspector General for Tax Ad- tax debt, and believe basing IRS’ ability to hire additional personnel on such an uncer- Sincerely, ministration. Again, an added layer of tain standard is unjustified, and will only ANTHONY M. REARDON, bureaucracy. further undermine its ability to meet its tax- National President. Mr. Speaker, I include in the RECORD payer service and enforcement missions. Mr. MCGOVERN. Mr. Speaker, if the a letter sent to all Members of Con- Under H.R. 1206, a tax debt is considered majority is concerned with customer gress from The National Treasury Em- ‘‘seriously delinquent’’ by the filing of a no- service at the IRS, we should be consid- ployees Union, which is opposed to tice of a federal tax lien (NFTL). Unfortu- ering appropriations legislation to H.R. 4890 and a number of the other nately, using notice of a lien as an indication a debt is seriously delinquent is inappro- fully fund the administration’s budget bills that we are debating here today. priate since it is not a final determination of request for the agency. IRS funding has THE NATIONAL tax liability. Section 6321 of the Internal been slashed by nearly $1 billion since TREASURY EMPLOYEES UNION, Revenue Code establishes that a lien can be 2010, and as a result, the IRS had to cut April 12, 2016. filed immediately upon the assessment of 12,000 jobs, reduce employee training, DEAR REPRESENTATIVE: As President of the tax. In many instances, the IRS may file an and delay technology updates. So while National Treasury Employees Union (NTEU), NFTL to simply secure the government’s fu- representing over 150,000 federal employees I understand that my friends on the ture potential interest and establish its pri- other side of the aisle don’t like the in 31 agencies, including the men and women ority as a possible creditor in competition at the IRS, I am writing to express opposi- with other creditors. Therefore, the filing of IRS, it is their demands for steep fund- tion to several bills scheduled to be consid- the NFTL is not a true indication that a tax ing cuts that have led directly to a deg- ered by the House Committee on Ways and debt is ‘‘seriously delinquent.’’ radation of customer service during the Means on April 13. NTEU believes all of these In addition, it is unclear why this legisla- past several years. bills would weaken IRS’ ability to carry out tion is even necessary. The bill specifically Furthermore, the IRS has already de- their taxpayer service and enforcement mis- singles out the tax status of employees at veloped and has begun to implement a sions, and undermine efforts to retain dedi- the IRS who have an overall tax compliance strategy to improve taxpayer services, cated and experienced employees. rate of over 99%, the highest in the federal and here is the deal, Mr. Speaker. If H.R. 4885, the ‘‘IRS Oversight While Elimi- government, and a much higher compliance nating Spending (OWES) Act of 2016,’’ would rate than the general public. Furthermore, this were really an issue, we could have require IRS collected user fees to be depos- for those employees at the IRS that do have brought this up at any time. We could ited in the general fund of the U.S. Treasury tax debts, the existing Federal Payment come together and try to see whether and would prevent the IRS from spending the Levy Program already allows the IRS to levy we can work on bipartisan legislation, user fees ‘‘unless provided by an appropria- federal salaries to recover federal tax debts. but instead, we bring up legislation at- tions act.’’ NTEU strongly opposes elimi- We also believe restricting the IRS’ ability tacking the IRS during the week that nating IRS’ ability to use the user fees that to hire qualified applicants based upon an people have to pay their taxes. You it collects, as provided by law. The IRS uncertain tax status standard of its employ- charges user fees for various services: to as- ees is misguided, and will simply further im- don’t have to be a rocket scientist to sist taxpayers in complying with their tax li- pede its ability to provide quality services to figure out that this is all about mes- abilities; to clarify the application of the tax American taxpayers. The IRS workforce has saging and not about substance. code to particular circumstances; and to en- been reduced by more than 15,000 employees I think that people in this country sure the quality of paid preparers of tax re- over the past five years, including many are really sick and tired of the per- turns, among others. While user fees have front-line customer service and enforcement formance of this Congress—or the lack historically been used, in large part, to fund personnel. Therefore, it is critical that the of performance of this Congress. We traditional taxpayer service activities, re- IRS have the ability to hire additional per- have a lot of challenges that we need to cent budget cuts in excess of $900 million sonnel to provide the services taxpayers ex- confront; we have a lot of problems since Fiscal Year (FY) 2010 have forced the pect and to implement the laws passed by IRS to reallocate a greater portion of these Congress. that we need to solve; and rather than user fees to implement a number of signifi- Finally, NTEU urges you to oppose H.R. doing this, we ought to be doing the cant legislative mandates, nearly all of 4890 which would prohibit the IRS from pay- people’s business. We ought to be legis- which came with no additional funding. ing performance awards to its employees lating in a serious way and leave these These include the Affordable Care Act (ACA), until the Secretary of the Treasury develops press releases and these messaging bills the Foreign Account Tax Compliance Act and implements a comprehensive customer for the Republican congressional cam- (FACTA), and the Achieving a Better Life service strategy. NTEU believes this legisla- paign committee. It is beneath, I Experience (ABLE) Act. tion is unnecessary, and will only serve to While proponents of this legislation claim undermine IRS efforts to retain experienced think, the standards that this Congress the bill is simply an attempt to ensure prop- employees that provide many of the critical should uphold. er congressional oversight of the IRS, in re- taxpayer services. In fact, the IRS has al- I reserve the balance of my time. ality these measures are designed to under- ready recently provided a detailed and com- Mr. COLLINS of Georgia. I reserve mine and weaken the IRS’s ability to enforce prehensive strategy to improve taxpayer the balance of my time to close. enacted laws. While NTEU takes no position services, and in particular, the phone level of Mr. MCGOVERN. Mr. Speaker, I yield as to whether any particular tax statutory service, as part of its FY 2017 budget request. myself the balance of my time. We

VerDate Sep 11 2014 05:46 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.025 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1822 CONGRESSIONAL RECORD — HOUSE April 19, 2016 have no speakers because everybody is ing taxpayer dollars. For that reason I vote on adopting the resolution . . . [and] so interested in this legislation that I urge my colleagues to support this rule has no substantive legislative or policy im- think they would prefer to stay in and H.R. 4890 and H.R. 3724. plications whatsoever.’’ But that is not what their offices. The material previously referred to they have always said. Listen to the Repub- lican Leadership Manual on the Legislative Let me just say, Mr. Speaker, I am by Mr. MCGOVERN is as follows: Process in the United States House of Rep- going to urge my colleagues to defeat AN AMENDMENT TO H. RES. 688 OFFERED BY resentatives, (6th edition, page 135). Here’s the previous question. If we do, I will MR. MCGOVERN how the Republicans describe the previous offer an amendment to the rule to At the end of the resolution, add the fol- question vote in their own manual: ‘‘Al- bring up Mr. VAN HOLLEN’s bill that lowing new sections: though it is generally not possible to amend would restrict American companies’ SEC. 3. Immediately upon adoption of this the rule because the majority Member con- use of so-called tax inversions to resolution the Speaker shall, pursuant to trolling the time will not yield for the pur- shrink their tax obligations by hiding clause 2(b) of rule XVIII, declare the House pose of offering an amendment, the same re- resolved into the Committee of the Whole sult may be achieved by voting down the pre- money in foreign countries. The bill House on the state of the Union for consider- vious question on the rule.... When the would direct the money toward repair- ation of the bill (H.R. 3064) to authorize high- motion for the previous question is defeated, ing our crumbling infrastructure. way infrastructure and safety, transit, control of the time passes to the Member That is exactly the type of legisla- motor carrier, rail, and other surface trans- who led the opposition to ordering the pre- tion we ought to be debating here: portation programs, and for other purposes. vious question. That Member, because he something that is meaningful to the The first reading of the bill shall be dis- then controls the time, may offer an amend- American people and to get American pensed with. All points of order against con- ment to the rule, or yield for the purpose of corporations that are trying to not pay sideration of the bill are waived. General de- amendment.’’ their fair share to pay their fair share bate shall be confined to the bill and shall In Deschler’s Procedure in the U.S. House not exceed one hour equally divided and con- of Representatives, the subchapter titled and to invest in repairing our crum- trolled by the chair and ranking minority ‘‘Amending Special Rules’’ states: ‘‘a refusal bling infrastructure, whether it be member of the Committee on Transportation to order the previous question on such a rule water infrastructure that we see in and Infrastructure. After general debate the [a special rule reported from the Committee such disrepair in places like Flint, bill shall be considered for amendment under on Rules] opens the resolution to amend- Michigan, or our roads and bridges. the five-minute rule. All points of order ment and further debate.’’ (Chapter 21, sec- Where I come from in Massachusetts, against provisions in the bill are waived. At tion 21.2) Section 21.3 continues: ‘‘Upon re- we have bridges that are older than the conclusion of consideration of the bill for jection of the motion for the previous ques- most of your States, and they need re- amendment the Committee shall rise and re- tion on a resolution reported from the Com- port the bill to the House with such amend- mittee on Rules, control shifts to the Mem- pair. ments as may have been adopted. The pre- ber leading the opposition to the previous Mr. Speaker, I ask unanimous con- vious question shall be considered as ordered question, who may offer a proper amendment sent to insert the text of the amend- on the bill and amendments thereto to final or motion and who controls the time for de- ment in the RECORD, along with extra- passage without intervening motion except bate thereon.’’ neous material, immediately prior to one motion to recommit with or without in- Clearly, the vote on the previous question the vote on the previous question. structions. If the Committee of the Whole on a rule does have substantive policy impli- The SPEAKER pro tempore. Is there rises and reports that it has come to no reso- cations. It is one of the only available tools objection to the request of the gen- lution on the bill, then on the next legisla- for those who oppose the Republican major- tive day the House shall, immediately after ity’s agenda and allows those with alter- tleman from Massachusetts? the third daily order of business under clause native views the opportunity to offer an al- There was no objection. 1 of rule XIV, resolve into the Committee of ternative plan. Mr. MCGOVERN. I urge my col- the Whole for further consideration of the Mr. COLLINS of Georgia. Mr. Speak- leagues to vote ‘‘no’’ and defeat the bill. er, I yield back the balance of my time, previous question and to vote ‘‘no’’ on SEC. 4. Clause 1(c) of rule XIX shall not and I move the previous question on the rule. apply to the consideration of H.R. 3064. I yield back the balance of my time. the resolution. Mr. COLLINS of Georgia. Mr. Speak- THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The er, I yield myself such time as I may IT REALLY MEANS question is on ordering the previous consume. This vote, the vote on whether to order the question. I believe there is probably going to be previous question on a special rule, is not The question was taken; and the debate on these bills this week on the merely a procedural vote. A vote against or- Speaker pro tempore announced that dering the previous question is a vote the ayes appeared to have it. House floor. But also, there are certain against the Republican majority agenda and times when you just understand the Mr. MCGOVERN. Mr. Speaker, on a vote to allow the Democratic minority to that I demand the yeas and nays. bills are, as I say from my part of the offer an alternative plan. It is a vote about world, just common sense, and we just what the House should be debating. The yeas and nays were ordered. need to get to them. Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- It is amazing that we actually have House of Representatives (VI, 308–311), de- ant to clause 8 and clause 9 of rule XX, to tell the IRS to not rehire people scribes the vote on the previous question on this 15-minute vote on ordering the that they fired for misconduct. That is the rule as ‘‘a motion to direct or control the previous question on H.R. 688 will be consideration of the subject before the House followed by 5-minute votes on adoption just an amazing idea. There are a lot of being made by the Member in charge.’’ To things that need to go on over there, of H.R. 688, if ordered; ordering the pre- defeat the previous question is to give the vious question on H.R. 687; and adop- the least of which is to give them more opposition a chance to decide the subject be- money which they have shown, repeat- fore the House. Cannon cites the Speaker’s tion of H.R. 687, if ordered. edly over the past few years, that they ruling of January 13, 1920, to the effect that The vote was taken by electronic de- use to target groups that they don’t ‘‘the refusal of the House to sustain the de- vice, and there were—yeas 240, nays like. mand for the previous question passes the 172, not voting 21, as follows: So that is not the reason that they control of the resolution to the opposition’’ [Roll No. 155] in order to offer an amendment. On March YEAS—240 are problematic. There are other issues 15, 1909, a member of the majority party of- there that need to be dealt with. fered a rule resolution. The House defeated Abraham Blum Carter (TX) As I said before, our tax system is the previous question and a member of the Aderholt Bost Chabot out of control. Americans deserve to Allen Boustany Chaffetz opposition rose to a parliamentary inquiry, Amash Brady (TX) Clawson (FL) keep their hard-earned dollars. While I asking who was entitled to recognition. Amodei Brat Coffman would like to dismantle the IRS—I am Speaker Joseph G. Cannon (R–Illinois) said: Babin Bridenstine Cole more of a fair tax proponent—while it ‘‘The previous question having been refused, Barletta Brooks (AL) Collins (GA) the gentleman from New York, Mr. Fitz- Barr Brooks (IN) Comstock exists, we must rein it in and hold it Barton Buchanan Conaway accountable. gerald, who had asked the gentleman to yield to him for an amendment, is entitled to Benishek Buck Cook Bilirakis Bucshon Costello (PA) This rule provides for consideration the first recognition.’’ of legislation that will protect tax- Bishop (MI) Burgess Cramer The Republican majority may say ‘‘the Bishop (UT) Byrne Crawford payers. It takes important steps to- vote on the previous question is simply a Black Calvert Crenshaw ward ensuring that the IRS is not abus- vote on whether to proceed to an immediate Blackburn Carter (GA) Culberson

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.026 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1823 Curbelo (FL) Kelly (PA) Rigell Levin Pascrell Sewell (AL) Hill Meadows Salmon Davis, Rodney King (IA) Roby Lewis Payne Sherman Holding Meehan Sanford Denham King (NY) Roe (TN) Lieu, Ted Pelosi Sinema Hudson Messer Scalise Dent Kinzinger (IL) Rogers (AL) Lipinski Perlmutter Sires Huelskamp Mica Schweikert DeSantis Kline Rogers (KY) Loebsack Peters Slaughter Huizenga (MI) Miller (FL) Scott, Austin DesJarlais Knight Rohrabacher Lofgren Peterson Smith (WA) Hultgren Miller (MI) Sensenbrenner Diaz-Balart Labrador Rokita Lowenthal Pingree Speier Hunter Moolenaar Sessions Donovan LaHood Rooney (FL) Lowey Pocan Swalwell (CA) Hurd (TX) Mooney (WV) Shimkus ´ Duffy LaMalfa Ros-Lehtinen Lujan, Ben Ray Polis Takai Hurt (VA) Mullin Shuster Duncan (SC) Lamborn Roskam (NM) Price (NC) Takano Issa Mulvaney Simpson Lynch Quigley Jenkins (KS) Duncan (TN) Lance Ross Thompson (CA) Murphy (PA) Sinema Maloney, Sean Rangel Thompson (MS) Jenkins (WV) Neugebauer Smith (MO) Ellmers (NC) Latta Rothfus Emmer (MN) LoBiondo Matsui Rice (NY) Titus Johnson (OH) Newhouse Smith (NE) Rouzer Farenthold Long McCollum Richmond Tonko Johnson, Sam Noem Smith (NJ) Royce Fitzpatrick Loudermilk McDermott Roybal-Allard Torres Jolly Nugent Smith (TX) Russell Fleischmann Love McGovern Ruiz Tsongas Jones Nunes Stefanik Fleming Lucas Salmon McNerney Ruppersberger Vargas Jordan Olson Stewart Flores Luetkemeyer Sanford Meeks Ryan (OH) Veasey Joyce Palazzo Stivers Forbes Lummis Scalise Moore Sa´ nchez, Linda Vela Katko Palmer Thompson (PA) Fortenberry MacArthur Schweikert Moulton T. Vela´ zquez Kelly (MS) Paulsen Thornberry Foxx Marchant Scott, Austin Murphy (FL) Sanchez, Loretta Visclosky Kelly (PA) Pearce Tiberi Franks (AZ) Marino Sensenbrenner Nadler Sarbanes Walz King (IA) Perry Tipton Frelinghuysen Massie Sessions Napolitano Schakowsky Wasserman King (NY) Pittenger Trott Gibbs McCarthy Shimkus Neal Schiff Schultz Kinzinger (IL) Pitts Turner Gibson McCaul Shuster Nolan Schrader Watson Coleman Kline Poe (TX) Upton Gohmert McClintock Simpson Norcross Scott (VA) Welch Knight Poliquin Valadao Goodlatte McHenry Smith (MO) O’Rourke Scott, David Wilson (FL) Labrador Pompeo Wagner Gosar McKinley Smith (NE) Pallone Serrano Yarmuth LaHood Posey Walberg Gowdy McMorris Smith (NJ) LaMalfa Price, Tom Walden Granger Rodgers Smith (TX) NOT VOTING—21 Lamborn Ratcliffe Walker Graves (GA) McSally Stefanik Bass Fattah Maloney, Lance Reed Walorski Graves (LA) Meadows Stewart Becerra Fincher Carolyn Latta Reichert Walters, Mimi Graves (MO) Meehan Stivers Beyer Garrett Meng LoBiondo Renacci Weber (TX) Griffith Messer Thompson (PA) Blumenauer Hinojosa Rush Long Ribble Webster (FL) Grothman Mica Thornberry Collins (NY) Jackson Lee Stutzman Love Rice (SC) Wenstrup Guinta Miller (FL) Tiberi DeSaulnier Johnson, E. B. Van Hollen Lucas Rigell Westerman Luetkemeyer Roby Westmoreland Guthrie Miller (MI) Tipton Dold Lujan Grisham Waters, Maxine Hanna Moolenaar Trott Edwards (NM) Lummis Roe (TN) Whitfield Hardy Mooney (WV) Turner MacArthur Rogers (AL) Williams Harper Mullin Upton b 1352 Marchant Rogers (KY) Wilson (SC) Harris Mulvaney Valadao Marino Rohrabacher Wittman Hartzler Murphy (PA) Wagner Mr. THOMPSON of California Massie Rokita Womack McCarthy Heck (NV) Neugebauer Walberg changed his vote from ‘‘yea’’ to ‘‘nay.’’ Rooney (FL) Woodall McCaul Ros-Lehtinen Yoder Hensarling Newhouse Walden So the previous question was ordered. Herrera Beutler Noem McClintock Roskam Yoho Walker Hice, Jody B. Nugent The result of the vote was announced McHenry Ross Young (AK) Walorski Hill Nunes McKinley Rothfus Young (IA) Walters, Mimi as above recorded. Holding Olson McMorris Rouzer Young (IN) Weber (TX) The SPEAKER pro tempore. The Hudson Palazzo Rodgers Royce Zeldin Webster (FL) Huelskamp Palmer question is on the resolution. McSally Russell Zinke Huizenga (MI) Paulsen Wenstrup The question was taken; and the Hultgren Pearce Westerman NOES—172 Westmoreland Speaker pro tempore announced that Hunter Perry Adams Dingell Levin Whitfield the ayes appeared to have it. Hurd (TX) Pittenger Aguilar Doggett Lewis Williams Hurt (VA) Pitts RECORDED VOTE Ashford Doyle, Michael Lieu, Ted Wilson (SC) Issa Poe (TX) Bass F. Lipinski Wittman Mr. MCGOVERN. Mr. Speaker, I de- Jenkins (KS) Poliquin Beatty Duckworth Loebsack Womack mand a recorded vote. Jenkins (WV) Pompeo Becerra Ellison Lofgren Woodall Johnson (OH) Posey A recorded vote was ordered. Bera Engel Lowenthal Yoder Johnson, Sam Price, Tom The SPEAKER pro tempore. This is a Bishop (GA) Eshoo Lowey Yoho Jolly Ratcliffe 5-minute vote. Bonamici Esty Luja´ n, Ben Ray Jones Reed Young (AK) Boyle, Brendan Farr The vote was taken by electronic de- (NM) Jordan Reichert Young (IA) F. Foster Lynch Joyce Renacci Young (IN) vice, and there were—ayes 242, noes 172, Brady (PA) Frankel (FL) Maloney, Sean Katko Ribble Zeldin not voting 19, as follows: Brown (FL) Fudge Matsui Kelly (MS) Rice (SC) Zinke Brownley (CA) Gabbard [Roll No. 156] McCollum Bustos Gallego McDermott NAYS—172 AYES—242 Butterfield Garamendi McGovern Capps Graham Adams Conyers Graham Abraham Chabot Fleischmann McNerney Capuano Grayson Aguilar Cooper Grayson Aderholt Chaffetz Fleming Meeks Ca´ rdenas Green, Al Ashford Costa Green, Al Allen Clawson (FL) Flores Moore Carney Green, Gene Beatty Courtney Green, Gene Amash Coffman Forbes Moulton Carson (IN) Grijalva Bera Crowley Grijalva Amodei Cole Fortenberry Murphy (FL) Cartwright Gutie´rrez Bishop (GA) Cuellar Gutie´rrez Babin Collins (GA) Foxx Castor (FL) Hahn Nadler Bonamici Cummings Hahn Barletta Comstock Franks (AZ) Castro (TX) Hastings Napolitano Boyle, Brendan Davis (CA) Hastings Barr Conaway Frelinghuysen Chu, Judy Heck (WA) Neal F. Davis, Danny Heck (WA) Barton Cook Gibbs Cicilline Higgins Nolan Brady (PA) DeFazio Higgins Benishek Cooper Gibson Clark (MA) Himes Norcross Brown (FL) DeGette Himes Bilirakis Costa Gohmert Clarke (NY) Honda O’Rourke Brownley (CA) Delaney Honda Bishop (MI) Costello (PA) Goodlatte Clay Hoyer Pallone Bustos DeLauro Hoyer Bishop (UT) Cramer Gosar Cleaver Huffman Pascrell Butterfield DelBene Huffman Black Crawford Gowdy Clyburn Israel Payne Capps Deutch Israel Blackburn Crenshaw Granger Cohen Jeffries Pelosi Capuano Dingell Jeffries Blum Culberson Graves (GA) Connolly Johnson (GA) Perlmutter Ca´ rdenas Doggett Johnson (GA) Bost Curbelo (FL) Graves (LA) Conyers Kaptur Peters Carney Doyle, Michael Kaptur Boustany Davis, Rodney Graves (MO) Courtney Keating Peterson Carson (IN) F. Keating Brady (TX) Denham Griffith Crowley Kelly (IL) Pingree Cartwright Duckworth Kelly (IL) Brat Dent Grothman Cuellar Kennedy Pocan Castor (FL) Ellison Kennedy Bridenstine DeSantis Guinta Cummings Kildee Polis Castro (TX) Engel Kildee Brooks (AL) DesJarlais Guthrie Davis (CA) Kilmer Price (NC) Chu, Judy Eshoo Kilmer Brooks (IN) Diaz-Balart Hanna Davis, Danny Kind Quigley Cicilline Esty Kind Buchanan Donovan Hardy DeFazio Kirkpatrick Rangel Clark (MA) Farr Kirkpatrick Buck Duffy Harper DeGette Kuster Rice (NY) Clarke (NY) Foster Kuster Bucshon Duncan (SC) Harris Delaney Langevin Richmond Clay Frankel (FL) Langevin Burgess Duncan (TN) Hartzler DeLauro Larsen (WA) Roybal-Allard Cleaver Fudge Larsen (WA) Byrne Ellmers (NC) Heck (NV) DelBene Larson (CT) Ruiz Clyburn Gabbard Larson (CT) Calvert Emmer (MN) Hensarling DeSaulnier Lawrence Ruppersberger Cohen Gallego Lawrence Carter (GA) Farenthold Herrera Beutler Deutch Lee Ryan (OH) Connolly Garamendi Lee Carter (TX) Fitzpatrick Hice, Jody B.

VerDate Sep 11 2014 05:46 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A19AP7.010 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1824 CONGRESSIONAL RECORD — HOUSE April 19, 2016 Sa´ nchez, Linda Slaughter Veasey Curbelo (FL) Kelly (PA) Rice (SC) Lieu, Ted Pelosi Sinema T. Smith (WA) Vela Davis, Rodney King (IA) Rigell Lipinski Perlmutter Sires Sanchez, Loretta Speier Vela´ zquez Denham King (NY) Roby Loebsack Peters Slaughter Sarbanes Swalwell (CA) Visclosky Dent Kinzinger (IL) Roe (TN) Lofgren Peterson Smith (WA) Schakowsky Takai Walz DeSantis Kline Rogers (AL) Lowenthal Pingree Speier Schiff Takano Wasserman DesJarlais Knight Rogers (KY) Lowey Pocan Swalwell (CA) ´ Schrader Thompson (CA) Schultz Diaz-Balart Labrador Rohrabacher Lujan, Ben Ray Polis Takai Scott (VA) Thompson (MS) Watson Coleman Donovan LaHood Rokita (NM) Price (NC) Takano Scott, David Titus Lynch Quigley Welch Duffy LaMalfa Rooney (FL) Thompson (CA) Serrano Tonko Duncan (SC) Lamborn Ros-Lehtinen Maloney, Sean Rangel Wilson (FL) Thompson (MS) Sewell (AL) Torres Duncan (TN) Lance Roskam Matsui Rice (NY) Yarmuth Titus Sherman Tsongas Emmer (MN) Latta Ross McCollum Richmond Tonko Sires Vargas Farenthold LoBiondo Rothfus McDermott Roybal-Allard Fitzpatrick Long Rouzer McGovern Ruiz Torres NOT VOTING—19 Fleischmann Loudermilk Royce McNerney Ruppersberger Tsongas Beyer Garrett Maloney, Fleming Love Russell Meeks Ryan (OH) Vargas Blumenauer Hinojosa Carolyn Flores Lucas Salmon Moore Sa´ nchez, Linda Veasey Collins (NY) Jackson Lee Meng Forbes Luetkemeyer Sanford Moulton T. Vela Dold Johnson, E. B. Rush Fortenberry Lummis Scalise Murphy (FL) Sanchez, Loretta Vela´ zquez Edwards Loudermilk Stutzman Foxx MacArthur Schweikert Nadler Sarbanes Visclosky Fattah Lujan Grisham Van Hollen Franks (AZ) Marchant Scott, Austin Napolitano Schakowsky Walz Fincher (NM) Waters, Maxine Frelinghuysen Marino Sensenbrenner Neal Schiff Wasserman Gibbs Massie Sessions Nolan Schrader Schultz ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gibson McCarthy Shimkus Norcross Scott (VA) Watson Coleman The SPEAKER pro tempore (during Gohmert McCaul Shuster O’Rourke Scott, David Welch Goodlatte McClintock Simpson Pallone Serrano Wilson (FL) the vote). There are 2 minutes remain- Pascrell Gosar McHenry Smith (MO) Sewell (AL) Yarmuth ing. Gowdy McKinley Smith (NE) Payne Sherman Granger McMorris Smith (NJ) b 1359 Graves (GA) Rodgers Smith (TX) NOT VOTING—21 Graves (LA) McSally Stefanik Bass Fattah Maloney, So the resolution was agreed to. Graves (MO) Meadows Stewart Beyer Fincher Carolyn The result of the vote was announced Griffith Meehan Stivers Blumenauer Garrett Meng as above recorded. Grothman Messer Thompson (PA) Carney Hinojosa Rush Guinta Mica Thornberry Collins (NY) Jackson Lee Stutzman A motion to reconsider was laid on Guthrie Miller (FL) Tiberi Dold Johnson, E. B. the table. Van Hollen Hanna Miller (MI) Tipton Edwards Lujan Grisham Waters, Maxine Hardy Moolenaar Trott Ellmers (NC) (NM) f Harper Mooney (WV) Turner Harris Mullin Upton ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE PROVIDING FOR CONSIDERATION Hartzler Mulvaney Valadao The SPEAKER pro tempore (Mr. Heck (NV) Murphy (PA) Wagner OF H.R. 1206, NO HIRES FOR THE WESTMORELAND) (during the vote). Hensarling Neugebauer Walberg DELINQUENT IRS ACT, AND PRO- Herrera Beutler Newhouse Walden There are 2 minutes remaining. VIDING FOR CONSIDERATION OF Hice, Jody B. Noem Walker H.R. 4885, IRS OVERSIGHT WHILE Hill Nugent Walorski b 1405 ELIMINATING SPENDING (OWES) Holding Nunes Walters, Mimi So the previous question was ordered. Hudson Olson Weber (TX) ACT OF 2016 Huelskamp Palazzo Webster (FL) The result of the vote was announced The SPEAKER pro tempore. The un- Huizenga (MI) Palmer Wenstrup as above recorded. Hultgren Paulsen Westerman The SPEAKER pro tempore. The finished business is the vote on order- Hunter Pearce Westmoreland ing the previous question on the reso- Hurd (TX) Perry Whitfield question is on the resolution. lution (H. Res. 687) providing for con- Hurt (VA) Pittenger Williams The question was taken; and the sideration of the bill (H.R. 1206) to pro- Issa Pitts Wilson (SC) Speaker pro tempore announced that Jenkins (KS) Poe (TX) Wittman the ayes appeared to have it. hibit the hiring of additional Internal Jenkins (WV) Poliquin Womack Revenue Service employees until the Johnson (OH) Pompeo Woodall RECORDED VOTE Secretary of the Treasury certifies Johnson, Sam Posey Yoder Mr. HASTINGS. Mr. Speaker, I de- Jolly Price, Tom Yoho that no employee of the Internal Rev- Jones Ratcliffe Young (AK) mand a recorded vote. enue Service has a seriously delinquent Jordan Reed Young (IA) A recorded vote was ordered. tax debt, and providing for consider- Joyce Reichert Young (IN) The SPEAKER pro tempore. This is a Katko Renacci Zeldin 5-minute vote. ation of the bill (H.R. 4885) to require Kelly (MS) Ribble Zinke that user fees collected by the Internal The vote was taken by electronic de- Revenue Service be deposited into the NAYS—173 vice, and there were—ayes 239, noes 173, general fund of the Treasury, on which Adams Cooper Grayson not voting 21, as follows: the yeas and nays were ordered. Aguilar Costa Green, Al [Roll No. 158] The Clerk read the title of the resolu- Ashford Courtney Green, Gene Beatty Crowley Grijalva AYES—239 tion. Becerra Cuellar Gutie´rrez Abraham Calvert Emmer (MN) The SPEAKER pro tempore. The Bera Cummings Hahn Aderholt Carter (GA) Farenthold question is on ordering the previous Bishop (GA) Davis (CA) Hastings Allen Carter (TX) Fitzpatrick Bonamici Davis, Danny Heck (WA) Amash Chabot Fleischmann question. Boyle, Brendan DeFazio Higgins Amodei Chaffetz Fleming This is a 5-minute vote. F. DeGette Himes Babin Clawson (FL) Flores The vote was taken by electronic de- Brady (PA) Delaney Honda Barletta Coffman Forbes vice, and there were—yeas 239, nays Brown (FL) DeLauro Hoyer Barr Cole Fortenberry Brownley (CA) DelBene Huffman Barton Collins (GA) Foxx 173, not voting 21, as follows: Bustos DeSaulnier Israel Benishek Comstock Franks (AZ) [Roll No. 157] Butterfield Deutch Jeffries Bilirakis Conaway Frelinghuysen Capps Dingell Johnson (GA) Bishop (MI) Cook Gibbs YEAS—239 Capuano Doggett Kaptur Bishop (UT) Costello (PA) Gibson Abraham Blum Carter (TX) Ca´ rdenas Doyle, Michael Keating Black Cramer Gohmert Aderholt Bost Chabot Carson (IN) F. Kelly (IL) Blackburn Crawford Goodlatte Allen Boustany Chaffetz Cartwright Duckworth Kennedy Blum Crenshaw Gosar Amash Brady (TX) Clawson (FL) Castor (FL) Ellison Kildee Bost Culberson Gowdy Amodei Brat Coffman Castro (TX) Engel Kilmer Boustany Curbelo (FL) Granger Babin Bridenstine Cole Chu, Judy Eshoo Kind Brady (TX) Davis, Rodney Graves (GA) Barletta Brooks (AL) Collins (GA) Cicilline Esty Kirkpatrick Brat Denham Graves (LA) Barr Brooks (IN) Comstock Clark (MA) Farr Kuster Bridenstine Dent Graves (MO) Barton Buchanan Conaway Clarke (NY) Foster Langevin Brooks (AL) DeSantis Griffith Benishek Buck Cook Clay Frankel (FL) Larsen (WA) Brooks (IN) DesJarlais Grothman Bilirakis Bucshon Costello (PA) Cleaver Fudge Larson (CT) Buchanan Diaz-Balart Guinta Bishop (MI) Burgess Cramer Clyburn Gabbard Lawrence Buck Donovan Guthrie Bishop (UT) Byrne Crawford Cohen Gallego Lee Bucshon Duffy Hanna Black Calvert Crenshaw Connolly Garamendi Levin Burgess Duncan (SC) Hardy Blackburn Carter (GA) Culberson Conyers Graham Lewis Byrne Duncan (TN) Harper

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A19AP7.011 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1825 Harris McHenry Rouzer Roybal-Allard Sewell (AL) Tsongas Record votes on postponed questions Hartzler McKinley Royce Ruiz Sherman Vargas will be taken later. Heck (NV) McMorris Russell Ruppersberger Sinema Veasey Hensarling Rodgers Salmon Rush Sires Vela f Herrera Beutler McSally Sanford Ryan (OH) Slaughter ´ Velazquez PROVIDING INTERNAL REVENUE Hice, Jody B. Meadows Scalise Sa´ nchez, Linda Smith (WA) Visclosky Hill Meehan Schweikert T. Speier Walz SERVICE PUBLICATION 17 FREE Holding Messer Scott, Austin Sanchez, Loretta Swalwell (CA) Wasserman TO TAXPAYERS Sarbanes Takai Hudson Mica Sensenbrenner Schultz Huelskamp Miller (FL) Sessions Schakowsky Takano Mrs. NOEM. Mr. Speaker, I move to Watson Coleman Huizenga (MI) Miller (MI) Shimkus Schiff Thompson (CA) Welch suspend the rules and agree to the reso- Hultgren Moolenaar Shuster Schrader Thompson (MS) lution (H. Res. 673) expressing the sense Hunter Mooney (WV) Simpson Scott (VA) Titus Wilson (FL) Hurd (TX) Mullin Smith (MO) Scott, David Tonko Yarmuth of the House of Representatives that Hurt (VA) Mulvaney Smith (NE) Serrano Torres the Internal Revenue Service should Issa Murphy (PA) Smith (NJ) NOT VOTING—21 provide printed copies of Internal Rev- Jenkins (KS) Neugebauer Smith (TX) enue Service Publication 17 to tax- Jenkins (WV) Newhouse Stefanik Bass Fattah Lujan Grisham Johnson (OH) Noem Stewart Beyer Fincher (NM) payers in the United States free of Johnson, Sam Nugent Stivers Blumenauer Garrett Maloney, charge. Jolly Nunes Thompson (PA) Carney Hinojosa Carolyn The Clerk read the title of the resolu- Jones Olson Thornberry Collins (NY) Israel Meng tion. Jordan Palazzo Tiberi Dold Jackson Lee Stutzman The text of the resolution is as fol- Joyce Palmer Tipton Edwards Johnson, E. B. Van Hollen Katko Paulsen Trott Ellmers (NC) Waters, Maxine lows: Kelly (MS) Pearce Turner H. RES. 673 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Kelly (PA) Perry Upton Whereas each year, Internal Revenue Serv- King (IA) Pittenger Valadao The SPEAKER pro tempore (during ice Publication 17, entitled ‘‘Your Federal King (NY) Pitts Wagner the vote). There are 2 minutes remain- Kinzinger (IL) Poe (TX) Walberg Income Tax’’, provides individuals with gen- Kline Poliquin Walden ing. eral instructions on how to file their tax re- Knight Pompeo Walker b 1411 turns for the previous taxable year; Labrador Posey Walorski Whereas in each year prior to 2015, free LaHood Price, Tom Walters, Mimi So the resolution was agreed to. printed versions of Internal Revenue Service LaMalfa Ratcliffe Weber (TX) The result of the vote was announced Publication 17 were made widely available to Lamborn Reed Webster (FL) Lance Reichert Wenstrup as above recorded. taxpayers at libraries, post offices, and tax- Latta Renacci Westerman A motion to reconsider was laid on payer service offices, and even by mail at the LoBiondo Ribble Westmoreland the table. request of a taxpayer; Long Rice (SC) Whitfield Whereas the Internal Revenue Service no Loudermilk Rigell Williams PERSONAL EXPLANATION longer disseminates a free printed version of Love Roby Wilson (SC) Ms. MICHELLE LUJAN GRISHAM of New Internal Revenue Service Publication 17 as it Lucas Roe (TN) Wittman Mexico. Mr. Speaker, I was unable to vote on transitions to a fully electronic tax filing Luetkemeyer Rogers (AL) Womack system, including an electronic system for Lummis Rogers (KY) Woodall rollcalls 153 through 158 due to a family emer- providing instructions on filing tax returns; MacArthur Rohrabacher Yoder gency. Had I been present, I would have Whereas the Internal Revenue Service di- Marchant Rokita Yoho voted as follows: Marino Rooney (FL) Young (AK) rects taxpayers to the Internet to download Massie Ros-Lehtinen Young (IA) On rollcall No. 153 on H.R. 4570, I am not an electronic version of Internal Revenue McCarthy Roskam Young (IN) recorded due to a family emergency, I would Service Publication 17, even though the lim- McCaul Ross Zeldin have voted ‘‘aye.’’ ited availability of a printed version of this McClintock Rothfus Zinke On rollcall No. 154 on S. 719, I would have publication burdens individuals who do not have access to a computer or printer and in- NOES—173 voted ‘‘aye.’’ On rollcall No. 155 on the Motion on Order- dividuals who struggle to navigate a com- Adams DeSaulnier Larson (CT) puter; Aguilar Deutch Lawrence ing the Previous Question on H. Res. 688, I Whereas the dissemination of printed cop- Ashford Dingell Lee would have voted ‘‘nay.’’ ies of Internal Revenue Service Publication Beatty Doggett Levin On rollcall No. 156 on H. Res. 688, I would 17 is a basic taxpayer service that the Inter- Becerra Doyle, Michael Lewis Bera F. Lieu, Ted have voted ‘‘nay.’’ nal Revenue Service is ignoring; Bishop (GA) Duckworth Lipinski On rollcall No. 157 on the Motion on Order- Whereas the Internal Revenue Service Bonamici Ellison Loebsack ing the Previous Question on H. Res. 687, I should prioritize its resources on areas that Boyle, Brendan Engel Lofgren would have voted ‘‘nay.’’ are critical to the ability of taxpayers to file F. Eshoo Lowenthal their tax returns in a timely and proper Brady (PA) Esty Lowey On rollcall No. 158 on H. Res. 687, I would manner; Brown (FL) Farr Luja´ n, Ben Ray have voted ‘‘nay.’’ Whereas the decision of the Internal Rev- Brownley (CA) Foster (NM) PERSONAL EXPLANATION enue Service to stop disseminating printed Bustos Frankel (FL) Lynch Butterfield Fudge Maloney, Sean Mr. HINOJOSA. Mr. Speaker, I was unable copies of Internal Revenue Service Publica- Capps Gabbard Matsui to be present in the House chamber for cer- tion 17 adversely impacts populations that Capuano Gallego McCollum tain rollcall votes this week. Had I been do not have access to, or understand how to Ca´ rdenas Garamendi McDermott use, a computer, and the decision unneces- Carson (IN) Graham McGovern present on April 18th and 19th 2016, I would sarily burdens and restricts the ability of Cartwright Grayson McNerney have voted ‘‘yea’’ for rollcalls 153 and 154 and taxpayers to comply with the convoluted and Castor (FL) Green, Al Meeks ‘‘nay’’ on rollcalls 155, 156, 157, and 158. complicated provisions of the Internal Rev- Castro (TX) Green, Gene Moore Chu, Judy Grijalva Moulton PERSONAL EXPLANATION enue Code of 1986; and Cicilline Gutie´rrez Murphy (FL) Mr. DOLD. Mr. Speaker, on rollcall Nos. Whereas Internal Revenue Service Publica- Clark (MA) Hahn Nadler 155, 156, 157, and 158, I was detained at a tion 17 is clear evidence of the need for com- Clarke (NY) Hastings Napolitano prehensive tax reform that simplifies the In- Clay Heck (WA) Neal meeting at the White House. Had I been ternal Revenue Code so that individuals can Cleaver Higgins Nolan present, I would have voted ‘‘yes.’’ complete their tax returns and pay their Clyburn Himes Norcross f taxes without needing the nearly 300 pages of Cohen Honda O’Rourke Connolly Hoyer Pallone b 1415 instructions that currently make up Publi- Conyers Huffman Pascrell cation 17: Now, therefore, be it Cooper Jeffries Payne ANNOUNCEMENT BY THE SPEAKER Resolved, That the House of Representa- Costa Johnson (GA) Pelosi PRO TEMPORE tives urges the Internal Revenue Service to— Courtney Kaptur Perlmutter (1) resume printing copies of Internal Rev- Crowley Keating Peters The SPEAKER pro tempore. Pursu- enue Service Publication 17; and Cuellar Kelly (IL) Peterson ant to clause 8 of rule XX, the Chair (2) provide free copies of such publication Cummings Kennedy Pingree to the taxpayers of the United States. Davis (CA) Kildee Pocan will postpone further proceedings Davis, Danny Kilmer Polis today on motions to suspend the rules The SPEAKER pro tempore. Pursu- DeFazio Kind Price (NC) on which a recorded vote or the yeas ant to the rule, the gentlewoman from DeGette Kirkpatrick Quigley and nays are ordered, or on which the South Dakota (Mrs. NOEM) and the gen- Delaney Kuster Rangel DeLauro Langevin Rice (NY) vote incurs objection under clause 6 of tleman from Michigan (Mr. LEVIN) each DelBene Larsen (WA) Richmond rule XX. will control 20 minutes.

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A19AP7.013 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1826 CONGRESSIONAL RECORD — HOUSE April 19, 2016 The Chair recognizes the gentle- House of Representatives that the In- this—first of all, the people who do woman from South Dakota. ternal Revenue Service should provide their own returns. GENERAL LEAVE U.S. taxpayers with free printed copies Like many other agencies, the IRS Mrs. NOEM. Mr. Speaker, I ask unan- of IRS Publication 17, which is enti- only looks at the costs that it is di- imous consent that all Members may tled, ‘‘Your Federal Income Tax’’ and rectly imposing on the citizenry. It have 5 legislative days within which to provides individuals with general in- doesn’t look at the costs it is indi- revise and extend their remarks and to structions for filing tax returns. rectly imposing on the citizenry. In include extraneous material on H. Res. I strongly urge my colleagues to sup- this country, the average cost of a pro- 673, currently under consideration. port this resolution. fessionally prepared tax return is eas- The SPEAKER pro tempore. Is there Mr. Speaker, I reserve the balance of ily over $200. If we turned around and objection to the request of the gentle- my time. billed everybody $200 from the govern- woman from South Dakota? Mr. LEVIN. Mr. Speaker, I yield my- ment, obviously, we couldn’t pass that There was no objection. self such time as I may consume. bill around here; but because of the Mrs. NOEM. Mr. Speaker, I yield my- This is ‘‘bashing the IRS and its complexity of our Internal Revenue self such time as I may consume. 80,000 employees’’ week, but the two Code and of people having to go out I rise in support of H. Res. 673, and I bills here today are very minor addi- and pay that $200, we don’t associate it thank the gentleman from Wisconsin tions. Tomorrow and Thursday are the with a tax, but it makes people poorer (Mr. GROTHMAN) for introducing it. real problem proposals and the real just as if we had directly increased The resolution is simple. It expresses culprits. They are the ones that really their taxes. When you don’t provide a sense of the House that the IRS curtail the ability of the IRS to pro- copies of instructions for a tax return, should make the individual income tax vide adequate service. Let me say just you are punishing people who are try- instructions widely available to Ameri- a few words about this bill. ing to save that $200, $250, $300 by doing cans, free of charge. It urges the IRS to make available their own returns. Mr. Speaker, the Tax Code is broken. printed copies of IRS Publication 17, as Secondly, you are disproportionately It is too long, too complicated, too con- has been said—the tax guide for indi- affecting people who cannot navigate fusing, and too old. Taxpayers spend viduals—free of charge to taxpayers. the Internet as well—in other words, somewhere around 6 billion hours in According to the IRS, printing and our older population. It just seems of- complying with our Nation’s confusing shipping copies of this publication cost fensive—as you have older people out tax laws, and they spend over $30 bil- them more than $500,000 last year. there, some who are not familiar with lion on computer programs and profes- Will the Republicans fund this impor- the Internet—saying: No. No. We won’t sional tax preparation just to figure tant service for taxpayers? No. Better go with paper for now. That, again, is these documents out. It is absurd, and yet, will they increase funding for cus- kind of—I guess I will call it—elitism the solution is fundamental tax reform. tomer services broadly, like answering on the part of the IRS because it My colleagues and I have been work- taxpayer phone calls or investing in cy- doesn’t need the paper form. It is say- ing hard to simplify the Tax Code and bersecurity to prevent fraud? No. ing the 75- or 80-year-old who is still make it fairer for American workers Instead, Republicans have cut the doing his return doesn’t need the form. and families, but it is a long and a dif- IRS’ budget by close to $1 billion since We are, therefore, asking for this bill ficult process. As we work toward this 2010. As a consequence of those cuts, to be passed and are asking the IRS to, comprehensive solution that we need, the state of the IRS’ customer service one more time, have sympathy for the the best thing that we can do is to today is inexcusable. If Republicans people who may not have the addi- make sure Americans have the infor- want the IRS to improve the services tional $200, $250, $300 to pay a profes- mation they need to comply with the they provide to taxpayers, they need to sional preparer and for the older citi- law. provide adequate funding for the IRS. zens who may not be comfortable pre- The Taxpayer Bill of Rights reads They need to increase it instead of cut- paring their return online. that taxpayers have the right to be in- ting it as they have in previous years. Mr. LEVIN. Mr. Speaker, I yield my- formed about how to comply with Fed- This bill is also a distraction from self 1 minute. eral tax law. This is something the the Republicans’ inability to act on I have listened. Here is the problem. IRS’ Publication 17 document—or the what really matters: the budget bill, Under your rule, the IRS has been re- individual income tax form instruc- the Flint bill—in terms of responding ceiving less money than it needs—$900 tions—says taxpayers have a right to to the crisis there—and the Puerto million less than in 2011. You come as well. As we move more and more to Rico legislation. here, and you complain—when you are electronic tax filing, this is a promise In part because this is, simply, a really the source of the complaints, in the IRS is abandoning in some cases. sense of Congress, it is, more or less, large measure—of the people who can’t While e-filing may be an attainable innocuous except in its saying to the access the booklet or who can’t get goal for some, there are millions of IRS: Pay yourselves—the IRS—for the through on the telephone. You are the Americans who are without the access printing and the shipping—$500,000 it cause of so much of this difficulty, and or the ability to find the information cost last year—while, at the same you come here and complain. You need online or to make sense of it. Recently, time, the Republicans say: We are not to put the money behind your com- the IRS stopped making the income going to provide the funding necessary plaints. Do that. tax services available to libraries, post for customer services. There is that I reserve the balance of my time. offices, and taxpayer service offices. In- total inconsistency. The SPEAKER pro tempore. Mem- stead, it requires a taxpayer to order a I reserve the balance of my time. bers are reminded to direct their re- copy and then to pay for it. This is un- Mrs. NOEM. Mr. Speaker, I yield marks to the Chair. acceptable. such time as he may consume to the Mrs. NOEM. Mr. Speaker, I yield The IRS, like many agencies, has gentleman from Wisconsin (Mr. such time as he may consume to the faced reductions in budgetary alloca- GROTHMAN). gentleman from Michigan (Mr. tions due to sequestration, but it is im- Mr. GROTHMAN. Mr. Speaker, one of BENISHEK). portant to remember that budget re- the frustrating things about the Fed- Mr. BENISHEK. Mr. Speaker, I rise ductions require prioritizations within eral Government is that it acts with- in support of H. Res. 673, a common- an agency. Providing Americans with out realizing the hardship it is causing sense bill that expresses the support of free access to the instructions that are other people. Congress for having the IRS continue necessary to file taxes should be a pri- The reason for this bill is that, re- to provide taxpayers with a paper copy ority for the IRS. cently, the IRS decided not to publish of instructions on how to file their Until we have a fairer, a simpler, and in paper form Publication 17, which is taxes. a flatter Tax Code, we need to make a necessary publication for anybody I thank Representative GROTHMAN for sure the people have the information who has a moderately difficult income introducing this resolution and for giv- they need to file their taxes correctly. tax return to prepare. There are two ing us the opportunity to discuss this H. Res. 673 expresses the sense of the classes of people who are affected by important issue during tax week.

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.037 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1827 I hear from constituents all the time you are the source, in large measure, of done to begin with when they were re- about how difficult it is to access paper these concerns. Tomorrow, we will be minded what their job was. Let’s sup- tax forms, let alone how hard it is to debating bills that have a much greater port this bill. file their taxes. Every year, millions of impact in terms of the IRS and its em- I yield back the balance of my time. people continue to file their taxes on ployees. This is relatively innocuous, The SPEAKER pro tempore. The paper, but, every year, the IRS con- in part, because it is only a sense of question is on the motion offered by tinues to make this process even more Congress and because it is unlikely to the gentlewoman from South Dakota difficult. pass the Senate. Even if it did, it would (Mrs. NOEM) that the House suspend As the IRS has transitioned to pre- be nothing more than an expression of the rules and agree to the resolution, ferring an electronic filing system, the sense. H. Res. 673. many of my constituents are getting The question was taken; and (two- b 1430 left behind. Not everyone is easily able thirds being in the affirmative) the to get access to paper forms on their What we really need are dollars and rules were suspended and the resolu- own. The response that my constitu- cents given to the IRS employees so tion was agreed to. ents receive when they ask for help that they can do the work they want to A motion to reconsider was laid on from the IRS is that all of the forms do so that the 50, 60, or whatever per- the table. are easily available online. Unfortu- cent of the calls that come in never get f nately, more than 25 percent of all through to those people who would like PROHIBITING THE USE OF FUNDS Americans lack regular or easy access to respond to the people who are call- BY INTERNAL REVENUE SERV- to the Internet, and over 50 percent of ing them. ICE TO TARGET CITIZENS OF seniors do not own a computer. Other I yield back the balance of my time. THE UNITED STATES people just want to file by paper. We Mrs. NOEM. I yield myself such time need to preserve this option. as I may consume. Mrs. NOEM. Mr. Speaker, I move to Beyond the accessibility concerns, we Mr. Speaker, I have heard the gentle- suspend the rules and pass the bill hear more and more about the dangers man’s points on reducing the IRS’ (H.R. 4903) to prohibit the use of funds of electronic data security and tax budget over the last several years, and by Internal Revenue Service to target fraud—dangers which are exacerbated we have done that. In fact, we have citizens of the United States for exer- by e-filing. Many of my constituents done that in the environment of where cising any right guaranteed under the want to avoid these threats to their we have seen the abuse that the IRS First Amendment to the Constitution personal information, and the IRS is has wrought on this country. of the United States. actively hindering them from taking We have seen the lavish parties, and The Clerk read the title of the bill. sensible precautions. the American people said it was unac- The text of the bill is as follows: I actually introduced legislation—the ceptable. We have seen the extreme bo- H.R. 4903 PAPER Act—in this Congress, which nuses that were paid to employees. We Be it enacted by the Senate and House of Rep- would require the IRS to send filing in- have seen the targeting of individual resentatives of the United States of America in structions and tax forms in paper for- groups based on what they work on. Congress assembled, mat if someone traditionally files his We had hoped that the reduction in SECTION 1. PROHIBITION ON TARGETING BY THE spending would be a reminder to the INTERNAL REVENUE SERVICE taxes by paper. This seems pretty easy BASED ON THE EXERCISE OF FIRST to me. While many of my constituents IRS of who they are to be accountable AMENDMENT RIGHTS. have concerns about how complicated to, which is to the hardworking tax- None of the funds made available under their taxes are or about how high their payers, and that it would be the perfect any Act may be used by the Internal Rev- rates are, they want to pay their taxes. opportunity for them to identify their enue Service to target citizens of the United We should not be keeping them from priorities of what they should be doing, States for exercising any right guaranteed doing so. which is helping and servicing tax- under the First Amendment to the Constitu- I urge all of my colleagues to support payers who are trying to comply with tion of the United States. this simple resolution. I think, if the the law instead of targeting individuals The SPEAKER pro tempore. Pursu- IRS would stop going after individuals and instead of stopping to answer ant to the rule, the gentlewoman from about their politics, they would have phone calls. South Dakota (Mrs. NOEM) and the gen- plenty of money with which to send He talked about only 50 to 60 percent tleman from Michigan (Mr. LEVIN) each out the forms. of the phone calls being answered. I will control 20 minutes. Mr. LEVIN. Mr. Speaker, I yield my- think only 38 percent of those phone The Chair recognizes the gentle- self the balance of my time. calls are being answered. And then, woman from South Dakota. I respect the gentleman from Michi- even if they are answered at times, GENERAL LEAVE gan, my colleague, who talks about it they are dropped out of courtesy be- Mrs. NOEM. Mr. Speaker, I ask unan- becoming more difficult. The reason it cause the IRS simply isn’t there to an- imous consent that all Members may is more difficult to reach the IRS on swer the questions the taxpayers have. have 5 legislative days to revise and ex- the phone or to, perhaps, get the forms Taxpayers are spending somewhere tend their remarks and to include any is due to the failure of the Congress, around 6 billion hours preparing their extraneous material on H.R. 4903 cur- under the Republican majority, to pro- taxes, $30 billion on computer pro- rently under consideration. vide adequate resources for customer grams and/or professional help to try The SPEAKER pro tempore. Is there service. That is the long and short of to pay their taxes accurately so they objection to the request of the gentle- this. can comply with the laws this country woman from South Dakota? When we had a chance, we did add has in place. There was no objection. several hundred million dollars to the The problem is that, by stopping this Mrs. NOEM. Mr. Speaker, I yield my- IRS that one year, and service im- distribution of IRS publication 17, who self such time as I may consume. proved; but now it is relapsing again we are harming the most are those who I rise today, Mr. Speaker, in strong because the Republican majority here are disadvantaged, the elderly who support of H.R. 4903, and I thank the simply will not provide adequate re- don’t have access to computers, the gentleman from Georgia (Mr. ALLEN) sources to the government agency that poor who don’t have access to getting for introducing the bill. is supposed to work with our tax- the kind of help that they need or have We live in a Nation that is founded payers. Also, the IRS is supposed to do the funds to find and be able to pay on the idea of free speech. The govern- some work in auditing tax returns. Be- professional tax preparers. That is who ment does not control our media. It cause of the lack of resources, now we hurt if we don’t pass this bill today. does not control who we decide to asso- fewer than 1 percent of taxpayers have Let’s help those who are disadvan- ciate with. We don’t live in a place any auditing of what they present to taged. Let’s make sure that they have where we should have to think twice the IRS. the instructions necessary to pay their before supporting a group that aligns I understand the concerns. What I do taxes accurately and on time. Let’s with their views or making their polit- not understand is the realization that reprioritize what the IRS should have ical beliefs known to others.

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.038 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1828 CONGRESSIONAL RECORD — HOUSE April 19, 2016 The heavy hand of the Federal Gov- wrongdoing happened nowhere else but Look, we have so much more we ernment should not control how an in Washington, D.C., and that the IRS could be doing today in terms of tax American shares their views. Yet, that employees on the front lines were not legislation. We have legislation relat- is just what happened to nearly 300 to blame. ing to inversions. A number of us have groups that applied for tax-exempt sta- We must make sure that political introduced it. tus between 2010 and 2012. targeting like this never happens We complain that the executive uses These organizations were small gath- again. By passing this bill to reaffirm too much power. They have used their erings of like-minded people who want- American taxpayers’ First Amendment power relating to inversions up to, I ed to discuss their views and educate rights, we take a step toward that goal. think, a legitimate point and have said the public about those views. They I strongly urge my colleagues to sup- to us in the Congress that we need to filled out the necessary IRS paperwork port this bill. go further—the Congress does—to ad- to become tax exempt, as it is required I reserve the balance of my time. dress the problem of inversions in this by the law. Mr. LEVIN. I yield myself such time country. Essentially, we do nothing. But months and even years after they as I may consume. We do nothing about this. applied, after answering intrusive ques- Mr. Speaker, what is being prohibited There was talk earlier today about tions, after providing mountains of here is already prohibited. It is prohib- tax reform. We have heard this talking documents, after having their activi- ited in the law. It is prohibited by law endlessly, and there is no product. ties monitored by IRS agents, after all that we passed in 1998. There is no product whatsoever. of this, many of them still sat in IRS It says that there shall not be action So this bill simply restates what is limbo. as to any taxpayer, taxpayer represent- already in the 1998 law which we com- During the investigation, the Ways ative, or other employee of the IRS in pletely, completely embrace. So I sug- and Means Committee staff reviewed violation of any right under the Con- gest we just get on with our business upwards of 1 million documents and stitution of the United States. and try to do real business. interviewed dozens of IRS and Treas- So maybe this bill is an effort to I reserve the balance of my time. ury officials. This exhaustive, years- bring back the long discussion we had Mrs. NOEM. Mr. Speaker, I yield 5 long investigation yielded the informa- about the IRS procedures. I don’t think minutes to the gentleman from Geor- tion that we now know, that 298 appli- this is the time to relitigate it. gia (Mr. ALLEN). cations for tax-exempt status were put I was there and you weren’t, if I Mr. ALLEN. Mr. Speaker, I thank on hold. Over 80 percent of them were might say so. I thought maybe you the gentlewoman from South Dakota. right-leaning and only 10 percent were would bring it up; so, I did go back to Yesterday marked the deadline for left-leaning. what happened. all Americans to file their 2015 taxes, Thanks to the committee’s investiga- The SPEAKER pro tempore. The and Americans from all walks of life tion, we know that the former head of Chair would like to remind the gen- disclosed some of their most private in- the IRS division that governs tax-ex- tleman to direct his remarks to the formation and handed over their hard- empt groups, Lois Lerner, was told Chair. earned dollars to the government. that frontline agents noticed an uptick Mr. LEVIN. Mr. Speaker, I will do With this in mind, last week I was in groups referring to themselves with that. proud to introduce legislation prohib- phrases like Tea Party. She said the I decided to go back to 2013 to the iting the use of funds by the IRS to tar- Tea Party matter was very dangerous hearing of Ways and Means. After the get citizens for exercising their First and suggested how to deny those appli- inspector general gave his report—this Amendment rights. Americans have cations. is May 17, 2013—this is what I asked the seen Federal agencies abuse their We know she inserted herself into the inspector general: Did you find any evi- power, and the IRS is one of the worst supposedly nonbiased procedures that dence of political motivation in the se- offenders. she had created. She then bypassed lection of the tax-exemption applica- The IRS has specifically targeted even those procedures and singled out tions? conservative groups simply for being certain taxpayers for additional scru- And the inspector said: We did not, conservative. This is a direct violation tiny and audit. sir. of the First Amendment. We also know that the IRS bureauc- Look, we could spend hours talking My bill preserves the integrity of the racy in Washington went as far as set- about what has happened to the rules First Amendment by ensuring its pro- ting up a surveillance program called a regarding 501(c)(4)’s in this country. We tections are never compromised by review of operations. In other words, could go back and discuss the abuse of unelected Federal bureaucrats. an IRS unit in Dallas would monitor a the 501(c)(4) provisions. We could go Specifically, H.R. 4903 protects Amer- group’s activity, including their Inter- back and look at how much political icans by prohibiting use of funds by the net postings, trying to build a case for money is being poured into this process IRS and its rogue bureaucrats to carry an audit. by 501(c)(4)’s. out government abuse on citizens for Over 80 percent of the groups that We could go back and discuss what exercising their constitutional rights. I were flagged for this surveillance were was the original language in the can think of nothing more despicable right-leaning and, of the groups actu- 501(c)(4) legislation that no political than persecution for beliefs. ally selected for the audit, Mr. Speak- money could be used. Instead, it was Tax day is stressful enough with the er, 100 percent of them were right-lean- interpreted decades ago that it relates Tax Code we have in place. The IRS has ing. to the majority must not be. no business in striking fear into the When concerns about this activity So what has happened is that hearts of Americans for expressing reached Congress, my colleagues at 501(c)(4)’s—by the way, most of them their strongly held beliefs and convic- Ways and Means asked multiple mem- are rightwing organizations, most of tions. bers of the IRS leadership about it. them. The Constitution is the law of the They assured the committee that all Most of the money has come from land, whether the IRS likes it or not. was well. We now know what was real- rightwing organizations using the We must hold the IRS and its unelected ly going on. mask of 501(c)(4)’s to essentially, I bureaucrats accountable, especially be- When Lois Lerner finally admitted in think, pollute the democratic processes cause they have overstepped their con- 2013 that the IRS had targeted tax- in this country. We shouldn’t really be stitutional bounds before, as my col- payers based on their political beliefs, doing that. You raised it; so, I am re- league pointed out. My colleague on the President went on national tele- sponding. the other side may dispute our legisla- vision and promised to help Congress What this bill does is simply say that tion, but they can’t dispute the facts, get to the bottom of the situation. He the constitutional rights should essen- Mr. Speaker. later changed his tune and blamed the tially prevail, and I fully agree. It is al- My colleagues serving on the Over- targeting on a few rogue IRS agents. ready in the 1998 legislation. So let’s sight and Government Reform com- If the Ways and Means investigation move on. Let’s not use vehicles for po- mittee and the Ways and Means Com- showed us anything, it is that the litical purposes. mittee have been investigating the

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.041 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1829 IRS’ unlawful targeting of conservative Before I was elected to Congress, my side that there is any substance to the groups since 2012. They were dogged in colleagues in the House of Representa- attack that has been launched here on their pursuit of justice for every Amer- tives rightly voted to hold Lois Lerner the IRS and conclusions that have been ican’s fundamental right, the freedom in contempt of Congress for her refusal reached that are not founded on fact. of speech. to cooperate with ongoing investiga- It is kind of sad. The 1998 law says no The investigation revealed that, as a tions into the agency’s special tar- IRS employee may violate the con- result of the Supreme Court’s decision geting of groups with ‘‘Tea Party’’ or stitutional rights of a taxpayer. That in Citizens United v. Federal Election ‘‘patriot’’ in their names that were is absolutely clear. It is absolutely Commission, democratic leadership seeking tax-exempt status. clear. pressured IRS bureaucrats to fix the The SPEAKER pro tempore. The So with this, I want to express my re- problem by taking an aggressive stance time of the gentleman has expired. gret that this bill is being used as a ve- against political speech by tax-exempt Mrs. NOEM. Mr. Speaker, I yield an hicle for strictly political purposes. entities. additional 1 minute to the gentleman Let’s abide by the Constitution and the from Georgia. 1998 law. Let’s also abide by the respon- b 1445 Mr. ALLEN. Mr. Speaker, a decision sibilities of this Congress, and that is My colleagues also found clear evi- to hold Lois Lerner in contempt of to act on critical legislation and not dence and testimony that the Tea Congress was not taken lightly. Not use a bill as a vehicle to try to go over Party and other conservative organiza- surprisingly, the Obama administra- once and once again a case where there tions were targeted for enhanced scru- tion’s Department of Justice unilater- is deep difference of opinion and often tiny because their organizations’ ally decided not to prosecute Lois deep misstatement of facts. names reflected their conservative be- Lerner for her unlawful actions. Mr. Speaker, I yield back the balance liefs. However, Congress vowed to continue of my time. For 27 months, from February 2010 to find answers and hold the IRS ac- Mrs. NOEM. Mr. Speaker, I yield my- until May 2012, the IRS systematically countable for its actions. This is why I self the balance of my time. Mr. Speaker, let’s not forget that targeted conservative tax-exempt ap- stand before you today. I refuse to what we are doing here today is ensur- plicants for additional scrutiny and allow another American to be per- ing that the IRS will never target delay. This is an egregious violation of secuted and targeted by IRS bureau- the First Amendment rights of all Americans based on their political be- crats for expressing their First Amend- liefs, on their First Amendment rights. Americans. ment rights, no matter their beliefs. The leader of this scheme was Lois This bill will just make sure that The House holds the power of the doesn’t happen. Regardless of what the Lerner, an IRS official at the time, as purse. As such, it is within our author- was mentioned. past was—and what is wonderful about ity to gut the IRS where it hurts the the past and being at congressional In April 2010, a sensitive case report most: their use of hard-earned tax dol- on the targeted Tea Party groups is hearings and taking part in them and lars. serving on a committee or not serving shared with Lerner, when she first H.R. 4903 prohibits the IRS from learned of a spike in Tea Party applica- on a committee is that they are public using funds made available by any law and that they are open, and that you tions. to target citizens for exercising their In June and July of 2011, Lerner is can ask questions, and the general pub- First Amendment rights. lic at home can hear the answers that briefed that employees are using such Today I urge my colleagues to stand terms as ‘‘Tea Party,’’ ‘‘patriots,’’ ‘‘9/12 are given there. with me to ensure that the IRS no Let me remind you that in 2013, Lois Project,’’ ‘‘government spending,’’ longer oversteps its authority and sup- Lerner admitted that the IRS had tar- ‘‘government debt,’’ ‘‘taxes,’’ and ports the God-given constitutional geted taxpayers based on their political ‘‘make America a better place to live’’ rights of every American. No American beliefs. She said that the Tea Party to flag applications. should fear persecution from the gov- matter was very dangerous. She sug- Lerner, after learning about such ernment for expressing his or her gested how to deny the applications. terms, tells the Cincinnati office to re- strongly held beliefs and conviction. We know for a fact that she inserted vise its guidelines for flagging applica- Please join me in supporting H.R. herself into the supposedly unbiased tions. The guidance is expanded to in- 4903. processes that she had created and clude ‘‘organizations involved with po- Mr. LEVIN. Mr. Speaker, I yield my- then bypassed even these procedures litical lobbying or advocacy for exemp- self the balance of my time to close. and singled out certain taxpayers for tion under 501(c)(3) or 501(c)(4).’’ I thought maybe this bill was an ex- additional scrutiny and audit. Also, Lois Lerner’s hard drive sup- cuse to try to relitigate this issue. I Do we think, really, that it was just posedly crashed that June, erasing 2 was among the first who suggested that a fluke that 100 percent of the audits years worth of emails. How convenient Lois Lerner be relieved of her duties. I and the groups that were selected for was that? did so because of, I thought, the incom- audit were right-leaning? I don’t be- In March 2012, DARRELL ISSA, then- petent way it was handled, but not be- lieve so, sir. chairman of the Committee on House cause there was any evidence of polit- While that investigation may be Oversight and Government Reform, ex- ical motivation. over, it is still important to have dis- pressed concern to the IRS inspector Again, I want to go back to the ques- cussions like this to reassure the tax- general that Tea Party groups were tion I asked the inspector general in payers back home that this type of tar- being targeted by the IRS. Doug 2013: ‘‘Did you find any evidence of po- geting will never happen, that we have Shulman, IRS Commissioner at the litical motivation in the selection of legislation before us today that will time, vehemently denied on the record the tax-exemption applications?’’ stop some of the abuses that may have to Congress that the agency was tar- Mr. George said: ‘‘We did not, sir.’’ happened in the past and ensure that geting conservative groups. So what has happened here is essen- they won’t happen in the future. That In May 2013, Lois Lerner testified be- tially getting up and reading a one- is why I am going to urge my col- fore the House Committee on Oversight sided, often erroneous text, often con- leagues to support the bill. and Government Reform. She pro- clusions that are not at all based on Mr. Speaker, I yield back the balance claimed her innocence before invoking fact. of my time. her Fifth Amendment right and refus- We really should not be relitigating The SPEAKER pro tempore. The ing to answer questions from law- this today. We should be acting on tax question is on the motion offered by makers. For 2 more years, the IRS cir- legislation, on the budget, and other the gentlewoman from South Dakota cumvented Congress’ investigations. necessary issues that face the people of (Mrs. NOEM) that the House suspend Lois Lerner, time and time again, re- this country. the rules and pass the bill, H.R. 4903. fused to cooperate with Congress in its I hope no one thinks that the passage The question was taken; and (two- investigation of targeting conservative of this bill will in any way imply on thirds being in the affirmative) the groups and, instead, hid behind the the part of any of us who have been in- rules were suspended and the bill was Fifth Amendment. volved with this on the Democratic passed.

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.042 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1830 CONGRESSIONAL RECORD — HOUSE April 19, 2016 A motion to reconsider was laid on fort to comply with a subcontracting ued at certain levels and SBA to set the table. plan. goals for subcontracting dollars award- f This failure is a double-edged sword. ed to small businesses. For bad actors, it lets them off the b 1500 SERVICE PROVIDER OPPORTUNITY hook. For good actors, it leaves ambi- CLARIFICATION ACT OF 2015 guity about what they are expected to Yet, throughout the course of this Congress, our committee has heard tes- Mr. CHABOT. Mr. Speaker, I move to do. It also forces companies that take timony of countless witnesses indi- suspend the rules and pass the bill their compliance obligations seriously cating that not only are prime contrac- (H.R. 4284) to require the Adminis- to compete against bad actors who tors not reporting their subcontracting trator of the Small Business Adminis- never even report the results of their dollars, but also that contracting offi- tration to issue regulations providing plans. cers are not holding these firms ac- examples of a failure to comply in good Failure to report is a real problem. countable for their subcontracting faith with the requirements of prime As many as 40 percent of the companies goals. contractors with respect to subcon- with subcontracting plans don’t report Even more egregious is the fact that tracting plans. any results. As a result, subcontracting some primes have been awarded con- The Clerk read the title of the bill. dollars with small businesses are at the tracts without a subcontracting plan The text of the bill is as follows: lowest point in over 40 years. My colleague, the gentleman from at all. This is simply unacceptable. H.R. 4284 Florida (Mr. CURBELO), who chairs the The Service Provider Opportunity Be it enacted by the Senate and House of Rep- Subcommittee on Agriculture, Energy Clarification Act of 2015, introduced by resentatives of the United States of America in Mr. CURBELO and Ms. CLARKE, seeks to Congress assembled, and Trade of the Committee on Small Business has a commonsense solution rectify this problem by making the SECTION 1. SHORT TITLE. for this problem. H.R. 4284 requires the failure to submit the required subcon- This Act may be cited as the ‘‘Service Pro- tracting report a material breach, thus vider Opportunity Clarification Act of 2015’’. Small Business Administration to ex- providing remedial options to agencies. SEC. 2. GOOD FAITH COMPLIANCE WITH THE RE- plain what it means to fail to make a QUIREMENTS OF PRIME CONTRAC- good faith effort to comply with the Procurement center representatives TORS WITH RESPECT TO SUBCON- plan. It further explains that failing to will also be allowed to review subcon- TRACTING PLANS. meet the most basic obligation of the tracting plans and place a 30-day hold Not later than 270 days after the date of contract term—reporting back on re- on the plan if they found that it did not enactment of this Act, the Administrator of sults—cannot be good faith. adequately provide small businesses the Small Business Administration shall subcontracting opportunities. issue regulations providing examples of ac- The beauty of Mr. CURBELO’s legisla- tivities that would be considered a failure to tion is that it solves a problem without Additionally, the bill requires that make a good faith effort to comply with the placing any new burdens on compliant SBA update its regulations to give con- requirements imposed on an entity (other contractors while still ensuring that tracting personnel better examples of than a small business concern as defined the American taxpayer gets the bene- when prime contractors have acted in under section 3 of the Small Business Act (15 fits anticipated in the contract. good faith compliance with the subcon- U.S.C. 632)) that is awarded a prime contract This legislation was included as part tracting plans. containing the clauses required under para- of a larger bill that passed the Com- These provisions will provide nec- graphs (4) or (5) of section 8(d) of the Small essary oversight to ensure that prime Business Act (15 U.S.C. 637(d)). mittee on Small Business in January, and it received bipartisan support. contractors are adhering to subcon- The SPEAKER pro tempore. Pursu- I urge my colleagues to support and tracting regulations and that small ant to the rule, the gentleman from pass H.R. 4284. businesses are afforded maximum op- Ohio (Mr. CHABOT) and the gentle- Mr. Speaker, I reserve the balance of portunity to participate in the Federal woman from New York (Ms. my time. marketplace as a subcontractor. ´ VELAZQUEZ) each will control 20 min- Ms. VELA´ ZQUEZ. Mr. Speaker, I I, therefore, ask my fellow Members utes. yield myself such time as I may con- to support this bill. The Chair recognizes the gentleman sume. I reserve the balance of my time. from Ohio. I rise in support of H.R. 4284, the Mr. CHABOT. Mr. Speaker, I yield GENERAL LEAVE Service Provider Opportunity Clari- such time as he may consume to the Mr. CHABOT. Mr. Speaker, I ask fication Act of 2015. It has long been gentleman from Florida (Mr. CURBELO), unanimous consent that all Members the policy of Congress to ensure that a who is the chairman of the Sub- may have 5 legislative days to revise fair proportion of Federal contracts, committee on Agriculture, Energy, and and extend their remarks and include prime contracts or subcontracts, be Trade. extraneous materials on the bill under awarded to small businesses. In some Mr. CURBELO of Florida. Mr. Speak- consideration. areas there has been success in advanc- er, last year I was proud to introduce The SPEAKER pro tempore. Is there ing this goal. In fiscal year 2015, small the Small Entrepreneur Subcon- objection to the request of the gen- prime contractors received over $90 bil- tracting Opportunities Act, or the tleman from Ohio? lion, amounting to over 25 percent of SESO Act. There was no objection. contracting dollars. As a result, the The bill would hold agency officials Mr. CHABOT. Mr. Speaker, I yield government, again, met its prime accountable for small-business subcon- myself such time as I may consume. small business contracting goal. tracting during their annual perform- Mr. Speaker, the Small Business Act However, prime contracting is only ance evaluations. requires that when large businesses re- one part of the equation. For many Subcontracting is an important ceive Federal prime contracts, they small businesses, subcontracts are just entry point for new Federal contrac- must negotiate a subcontracting plan as vital. These opportunities serve as tors. If we have fewer subcontractors outlining who they intend to use as an entry point for firms to the Federal today, we will have fewer prime con- small business subcontractors. That marketplace. tractors tomorrow. plan becomes part of the contract, and Subcontracts are a way for firms to In turn, this would mean fewer small the results are supposed to be part of increase their capacity and prepare to suppliers, manufacturers, and the past performance evaluation for eventually become prime contractors. innovators and higher costs to the Fed- the prime contractor. Subcontracts also help entrepreneurs eral Government or the taxpayers. We Indeed, failure to make a good faith gain valuable insight into what is re- must ensure a healthy industrial base effort to comply with the agreed-upon quired when the Federal Government is at all levels in our country. plan can trigger liquidated damages. your client. I would like to thank Small Business Even though this has been the law for Recognizing the importance of sub- Committee Chairman CHABOT and 38 years, the Small Business Adminis- contracts, the Small Business Act re- Armed Services Committee Chairman tration has never explained what it quires that prime contractors submit THORNBERRY for supporting that impor- means to fail to make a good faith ef- subcontracting plans for contracts val- tant language to hold agency managers

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.045 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1831 accountable for meeting subcon- ensure that small businesses have ac- The text of the bill is as follows: tracting goals included in the Defense cess to these opportunities. H.R. 3714 Authorization Act that was signed into The government-wide subcontracting Be it enacted by the Senate and House of Rep- law. goal has continually been lowered, resentatives of the United States of America in However, large contractors must also from 36 percent in the 2012 and 2013 fis- Congress assembled, be held accountable for meeting sub- cal years, to just over 34 percent in fis- SECTION 1. SHORT TITLE. contracting goals. While the vast ma- cal year 2014. Despite this decrease, the This Act may be cited as the ‘‘Small Agri- jority of contractors honor these goals, goal is not being met, with only 33 per- culture Producer Size Standards Improve- some do not. cent of subcontracting dollars awarded ments Act of 2015’’. Currently, the Small Business Act to small firms. SEC. 2. AMENDMENT TO DEFINITION OF AGRI- holds bad actors accountable by impos- But even these numbers are deceiv- CULTURAL ENTERPRISES. Paragraph (1) of section 18(b) of the Small ing liquidated damages if prime con- ing, as the percentage is based only on Business Act (15 U.S.C. 647(b)(1)) is amended tractors fail to make a good faith ef- the subcontracting dollars reported. It by striking ‘‘businesses’’ and inserting fort to meet the goals. is estimated that as many as 40 percent ‘‘small business concerns’’. However, SBA regulations only offer of prime contractors are not submit- SEC. 3. EQUAL TREATMENT OF SMALL FARMS. examples of what they are supposed to ting subcontracting reports. Paragraph (1) of section 3(a) of the Small do, not what would constitute a viola- The changes in H.R. 4284 will ensure Business Act (15 U.S.C. 632(a)(1)) is amended tion. that this no longer occurs and that by striking ‘‘operation: Provided,’’ and all Consequently, the last time the law there are real consequences to those that follows through the period at the end was enforced was in 1982. Because of companies that try and evade their and inserting ‘‘operation.’’. this ambiguity, bad actors are able to subcontracting obligations. SEC. 4. UPDATED SIZE STANDARDS. continue receiving Federal contracts. I once again urge my colleagues to (a) IN GENERAL.—Not later than 18 months My legislation, H.R. 4284, the Service support this measure. after the date of enactment of this Act, the Provider Opportunity Clarification Administrator of the Small Business Admin- I yield back the balance of my time. istration shall, by rule, establish size stand- Act, or the SPOC Act, simply requires Mr. CHABOT. Mr. Speaker, I yield ards in accordance with section 3 of the the SBA to issue rules explaining what myself such time as I may consume. Small Business Act (15 U.S.C. 632) for agri- a failure to act in good faith means, en- Mr. Speaker, in closing, clarifying an cultural enterprises (as such term is defined suring transparency and accountability ambiguous provision in law in a way in section 18(b)(1) of such Act). in the subcontracting process. that promotes small-business partici- (b) REVIEW.—Size standards established I want to thank Congresswoman pation without creating any new bur- under subsection (a) are subject to the roll- YVETTE CLARKE for her leadership pro- dens on contractors is a win-win. ing review procedures established under sec- moting small-business participation in This provision helps contracting offi- tion 1344(a) of the Small Business Jobs Act of 2010 (15 U.S.C. 632 note). the procurement process and for co- cers and large businesses better under- sponsoring this bipartisan effort. stand the law, aids small businesses The SPEAKER pro tempore. Pursu- I also thank chairman STEVE CHABOT looking to be subcontractors, and im- ant to the rule, the gentleman from for his leadership and Ranking Member proves the quality of the data we use to Ohio (Mr. CHABOT) and the gentle- NYDIA VELA´ ZQUEZ. make policy decisions. woman from New York (Ms. ´ I thank the chairman for being an This bill deserves the support of the VELAZQUEZ) each will control 20 min- original cosponsor of this bill and for House. I urge my colleagues to vote to utes. being a strong advocate for our Na- suspend the rules and pass H.R. 4284. The Chair recognizes the gentleman tion’s emerging entrepreneurs. We I thank the ranking member of the from Ohio. must ensure that our local businesses Small Business Committee, Ms. GENERAL LEAVE have access to Federal contracts and VELA´ ZQUEZ, for working in a bipartisan Mr. CHABOT. Mr. Speaker, I ask subcontracts. manner on this bill, as we always try unanimous consent that all Members It is not just about helping the entre- to do in the committee. I think we al- may have 5 legislative days to revise preneurs. It is also about helping the most always achieve that goal. So I and extend their remarks and include workers they employ and keeping our want to thank her for that. extraneous materials on the bill under community strong and prosperous. We I want to thank Mr. CURBELO again consideration. should never forget the vital role that for his leadership. I thank Ms. CLARKE The SPEAKER pro tempore. Is there our local businesses play in our neigh- as well for working in bipartisan man- objection to the request of the gen- borhoods. ner on this legislation. tleman from Ohio? The reason small business is impor- I yield back the balance of my time. There was no objection. tant, Mr. Speaker, is because small The SPEAKER pro tempore. The Mr. CHABOT. Mr. Speaker, I yield businesses have access and know the question is on the motion offered by myself such time as I may consume. people who are in most need of jobs and the gentleman from Ohio (Mr. CHABOT) Mr. Speaker, pursuant to the Small opportunities. that the House suspend the rules and Business Act, the Small Business Ad- Think of the immigrant family that pass the bill, H.R. 4284. ministration sets size standards for ap- recently arrived in this country and is The question was taken; and (two- proximately 1,100 industries every 5 hungry for opportunities to work or thirds being in the affirmative) the years. the kid who had to drop out of college rules were suspended and the bill was These standards determine what is a to help his family. passed. small business for purposes of regu- It is these small firms, these small A motion to reconsider was laid on latory analyses, procurement pro- entrepreneurs, that have access to the table. grams, capital access, and technical these needy people and can really help f entrepreneurial development assist- them rise up and give them these op- ance. portunities to work and prosper. SMALL AGRICULTURE PRODUCER The SBA sets these size standards in So I thank my colleagues for their SIZE STANDARDS IMPROVE- accordance with statutory guidelines support. MENTS ACT OF 2015 and using notice and comment rule- I urge passage of H.R. 4284. Mr. CHABOT. Mr. Speaker, I move to making. The Small Business Com- Ms. VELA´ ZQUEZ. Mr. Speaker, I suspend the rules and pass the bill mittee and, in particular, my colleague yield myself such time as I may con- (H.R. 3714) to amend the Small Busi- from Illinois (Mr. BOST), has spent a sume. ness Act to allow the Small Business great deal of effort to make sure this is Mr. Speaker, small firms continue Administration to establish size stand- a transparent and accountable process. expressing concern that it is increas- ards for small agricultural enterprises However, agricultural enterprises ingly difficult to find subcontracting using the same process for establishing have not been able to benefit from opportunities as primes take on more size standards for small business con- these advances due to a historic anom- of the work themselves. Agencies and cerns, and for other purposes. aly. Forty-six different industries, as contracting officers must do better to The Clerk read the title of the bill. diverse as cattle ranching and citrus

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.049 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1832 CONGRESSIONAL RECORD — HOUSE April 19, 2016 farming, are all subject to a single size The Small Agriculture Producer Size proposed regulations on small busi- standard that hasn’t changed in nearly Standards Improvements Act, intro- nesses. It also informs the consider- 20 years. duced by Mr. BOST and cosponsored by ation of less burdensome regulatory al- That means that, to qualify as small, Ms. MENG, will eliminate the outdated ternatives. a poultry farmer or a soybean producer size standard and gives SBA the au- Unfortunately, the statutory stand- can only have $750,000 in receipts each thority to tailor standards that are re- ard has no rational basis. It appears year. That is receipts, not revenues. flective of the changes the industry has that the number was just grabbed out For some agricultural producers, experienced as well as the variety of of the air by a previous Congress. As a $750,000 does not cover the cost of a agricultural businesses across our result, small business agriculture pro- hobby farm. country. ducers do not enjoy the potential ben- H.R. 3714 levels the playing field for What is small for a cattleman is not efit of small business classifications. these small farmers. It does not set a the same for fresh produce producers or In the 30 years since the enactment size standard, but instead requires that dairy farmers. The bill requires SBA to of the statutory size standard, the the SBA examine the characteristics of apply their current methodology, so- Small Business Administration has these industries to develop size stand- licit feedback from industry stake- specifically improved its process for de- ards using the normal process. Recog- holders, and implement specific stand- termining small business size stand- nizing that a small dairy doesn’t look ards that can be tweaked periodically ards. This should address whatever like a small corn farm is common to respond to changes in the industry. issue previous Congresses had when it sense. I, therefore, ask my fellow Members established these size standards. My colleague, Mr. CURBELO of Flor- to support this bill. Now, I believe it is important that ida, who chairs the Agriculture, En- I reserve the balance of my time. the Congress and the Federal agencies promote consistency in policymaking. ergy, and Trade Subcommittee of the b 1515 Small Business Committee, held a My legislation will help ensure that hearing examining H.R. 3714, and the Mr. CHABOT. Mr. Speaker, I yield consistency. I do want to thank the ranking mem- witnesses overwhelmingly supported such time as he may consume to the ber and the chairman for their support this legislation. gentleman from Illinois (Mr. BOST), of this bill, and I appreciate the help H.R. 3714 was then included as part of who put a lot of hard work and thought and support that they have given. a larger bill that passed the Small into this, and I thank him for his lead- ´ ership on this matter. Ms. VELAZQUEZ. Mr. Speaker, I re- Business Committee in January, and it serve the balance of my time. received bipartisan support. Mr. BOST. Mr. Speaker, I thank the gentleman for yielding and for his sup- Mr. CHABOT. Mr. Speaker, I yield I urge my colleagues to support and such time as he may consume to the pass H.R. 3714. port of this legislation to update and modernize the agricultural producers’ gentleman from Florida (Mr. CURBELO), I reserve the balance of my time. who is chairman of the Subcommittee ´ small business size standards. Ms. VELAZQUEZ. Mr. Speaker, I on Agriculture, Energy and Trade. President Eisenhower once said: yield myself such time as I may con- Mr. CURBELO of Florida. I thank the Farming looks mighty easy if your sume. chairman for his steadfast leadership I rise in support of H.R. 3714, the plow is a pencil and the closest corn- and advocacy on behalf of our Nation’s Small Agriculture Producer Size field is a thousand miles away. Unfor- small entrepreneurs. Standards Improvements Act of 2015. tunately, this quote is accurate when Mr. Speaker, small business size Small businesses play a critical role describing the statutorily established standards are used by the Federal Gov- in the American economy. They make size standards for agriculture pro- ernment to determine eligibility to re- up the vast majority of employer firms ducers. ceive certain Federal contracts and and create nearly two-thirds of new Agricultural production is an impor- SBA guarantee loans. They are also jobs. tant contributor to the American econ- used by Federal agencies when they Over the years, Congress has created omy. According to the USDA, the total analyze the economic impact of new numerous Federal program set-asides, value of farm production exceeds $390 regulations on small businesses. tax preferences, and SBA loan pro- billion, and the agricultural industry Size standards for most industries grams to help small firms succeed. supports 16 million domestic jobs. are developed through a congression- Last year small businesses were able Farmers and ranchers provide the food, ally mandated rulemaking process that to access over $28 billion in capital and fiber, and fuel that are critical to our is transparent and allows small busi- $90 billion in contracting opportunities daily lives. nesses to provide input. The Small because they met the definition of Family-owned farms still account for Business Administration analyzes a small. Many businesses used long-term the majority of farms and ranches in number of factors—average firm size, loan proceeds to keep their doors open, the United States. However, the ad- startup costs, entry barriers, industry retain employees, and create new jobs. vance of new technology has created competition, and the distribution of Since yesterday was tax day, I would increased productivity, leading to firms by size—and then proposes also like to mention that small busi- lower prices for many commodities. changes to small business size stand- ness-oriented tax provisions allow This downward pressure on prices is ex- ards through the notice and comment firms to write off expenses quickly, pected to increase, and newer tech- rulemaking process. However, there is putting money back in their hands to nology will be adopted. As margins one glaring exception: the existing size create new avenues for growth. continue to thin, more and more sin- standard for agricultural enterprises is However, the advantages conferred gle-owned family operations will con- established in statute and has not been by this program can only occur if a solidate into somewhat larger, multi- updated in over 15 years. business can show that they meet the family-owned operations, but these are The current standard for small farm- industry-based definition of small busi- still small businesses. ers is $750,000 in annual receipts. It ap- ness. Unfortunately, the current small plies to 46 different agricultural sub- While, generally, SBA is tasked with business size standard for agriculture sectors, from citrus groves to beef cat- defining size standards for over 1,100 in- has been set in statute and is outdated. tle ranching. dustries that establish eligibility for The standard is too low for a vast ma- Small farmers and ranchers have its programs, agricultural standards jority of farms and ranches to partici- been neglected for too long. The size have been exempted from this process. pate in potential government contracts standard setting process for agricul- Instead, Congress set a rigid gross and subcontracting opportunities. tural enterprises needs to be modern- revenue-base standard for all agri- Also, the SBA size standards are ized. The existing statutory size stand- culture industries that has not been often used for Federal agencies to de- ard does not account for changes in in- adjusted since 2000. However, since the termine their obligations under the dustry structure, cost of production, time Congress first began setting the Regulatory Flexibility Act. This law economic conditions, or other factors. size standard, agricultural production helps ensure that the Federal agency Florida is the country’s largest pro- has shifted dramatically. establishes the potential impacts of ducer of squash, fresh tomatoes, and

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.051 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1833 fresh snap beans, among a great deal of The question was taken; and (two- The committee learned that a few other fruits and vegetables. Obviously, thirds being in the affirmative) the years ago, the SBA essentially gave this would not be possible without the rules were suspended and the bill was contracting officers a get-out-of-jail- hard work of our Nation’s small farm- passed. free card on bundling and consolidation ers and ranchers. A motion to reconsider was laid on when it issued new regulations gov- I am proud to join Ranking Member the table. erning which contracts it would re- MENG in cosponsoring the Small Agri- f view. The SBA said that it would not culture Producer Size Standards Im- review multiple award contracts if a MAXIMIZING SMALL BUSINESS provements Act, which was introduced single seat on the contract was re- COMPETITION ACT OF 2016 by Representative BOST. served for a small business—a single H.R. 3714 would strike the $750,000 Mr. CHABOT. Mr. Speaker, I move to seat. statutory size standard and require the suspend the rules and pass the bill While at first this might seem like a SBA to establish size standards for ag- (H.R. 4332) to amend the Small Busi- good way to allocate resources, it ig- ricultural enterprises through the no- ness Act to clarify the duties of pro- nores the fact that a contracting offi- tice and comment rulemaking process. curement center representatives with cer can now evade the SBA review by It would also require those size respect to reviewing solicitations for a simply reserving one award for a small standards to be periodically reviewed contract or task order contract. business, even if the small business at least every 5 years. This will ensure The Clerk read the title of the bill. never receives any work. It means the that size standards for small farmers The text of the bill is as follows: contracting agency doesn’t need to do and ranchers are up to date so that H.R. 4332 its homework on how the contract can they are able to compete for Federal Be it enacted by the Senate and House of Rep- be structured to maximize competi- contracts, have access to SBA guaran- resentatives of the United States of America in tion. It means small businesses are de- teed loans, and are considered when Congress assembled, nied meaningful opportunities to com- agencies draft new regulations. SECTION 1. SHORT TITLE. pete for work. Again, I want to thank Mr. BOST and This Act may be cited as the ‘‘Maximizing The gentleman from Mississippi (Mr. Ranking Member MENG for their legis- Small Business Competition Act of 2016’’. KELLY) has found a solution for this lation. I also want to thank Chairman SEC. 2. DUTIES OF PROCUREMENT CENTER REP- problem. H.R. 4332 prohibits the SBA CHABOT and Ranking Member RESENTATIVES WITH RESPECT TO REVIEWING SOLICITATIONS FOR A from limiting review based on a so- VELA´ ZQUEZ. CONTRACT OR TASK ORDER CON- called reserve or similar procedural These are the types of bipartisan TRACT. measure. bills that will really improve the qual- Section 15(l)(2) of the Small Business Act The committee has documented that ity of life for our farmers and for all (15 U.S.C. 644(l)(2)(D)) is amended— over 25 percent of small businesses pre- Americans. I urge passage. (1) by redesignating subparagraphs (E) Ms. VELA´ ZQUEZ. Mr. Speaker, like through (I) as subparagraphs (F) through (J), viously engaged in Federal contracting all other industries, the agricultural respectively; and have exited the marketplace since 2012. industry has changed over the last 30 (2) by inserting after subparagraph (D) the Ensuring that contracts aren’t rigged following new subparagraph: years. to prevent their participation is one of ‘‘(E) review any solicitation for a contract many steps the Small Business Com- With new technologies, many agri- or task order without regard to whether the cultural businesses have been able to mittee is examining to rebuild our in- contract or task order or part of the con- dustrial base. increase their production rates. The tract or task order is set aside for small last Census of Agriculture found U.S. business concerns, whether 1 or more con- This legislation was included as part farms sold nearly $395 billion in agri- tract or task order awards are reserved for of a larger bill that passed the Small cultural products, a 33 percent increase small business concerns under a multiple Business Committee in January and re- from the sales of 2007. Crop sales also award contract, or whether or not the solici- ceived bipartisan support. I would urge tation would result in a bundled or consoli- increased by 48 percent. my colleagues to support and pass H.R. dated contract (as defined in subsection (s)) 4332. The changes made in H.R. 3714 will or a bundled or consolidated task order;’’. give SBA the tools necessary to set size I reserve the balance of my time. The SPEAKER pro tempore. Pursu- ´ standards for those in agricultural pro- Ms. VELAZQUEZ. Mr. Speaker, I ant to the rule, the gentleman from duction. The bill ensures these adjust- yield myself such time as I may con- Ohio (Mr. CHABOT) and the gentle- ments are done with careful consider- sume. woman from New York (Ms. ation as to the effects on small farms. I rise in support of H.R. 4332, the VELA´ ZQUEZ) each will control 20 min- I once again would urge my colleagues Maximizing Small Business Competi- utes. to support this measure. tion Act of 2016. Purchasing more than I yield back the balance of my time. The Chair recognizes the gentleman $400 billion in goods and services annu- Mr. CHABOT. Mr. Speaker, in clos- from Ohio. ally, the U.S. Government remains a ing, allowing the SBA to develop ra- GENERAL LEAVE consistent and reliable client for all tional size standards for small farmers, Mr. CHABOT. Mr. Speaker, I ask businesses. rather than perpetuating a one-size- unanimous consent that all Members The Small Business Act requires that fits-all approach, simply makes sense. may have 5 legislative days to revise small businesses have a fair oppor- It will allow these farmers to access and extend their remarks and include tunity to compete for Federal con- the appropriate SBA programs and extraneous materials on the bill under tracts. To help facilitate awards to helps ensure that regulations are prop- consideration. small firms, the act created a position erly crafted. The SPEAKER pro tempore. Is there of procurement center representatives, The provision doesn’t have any cost objection to the request of the gen- or PCRs. PCRs are placed throughout since SBA is already doing this for all tleman from Ohio? the country to monitor agencies’ major other industries. This bill deserves the There was no objection. buying activities, with the main goal support of the House, and I would urge Mr. CHABOT. Mr. Speaker, I yield of increasing the small business share my colleagues to vote to suspend the myself such time as I may consume. of Federal procurement awards and en- rules and pass H.R. 3714. Mr. Speaker, the Committee on suring that a fair portion of awards go Again, I want to thank the ranking Small Business has spent this Congress to small businesses of all types. member and the other Members that taking a hard look at how the SBA ad- These representatives are tasked have been mentioned here today for ministers its programs. Given that the with various duties, including initi- their work on this important measure. single most common complaint I re- ating and recommending small busi- I yield back the balance of my time. ceive on Federal contracting is that nesses set-aside contracts. If the PCR The SPEAKER pro tempore. The contracts are unjustly bundled and feels that a contract or a portion of a question is on the motion offered by consolidated so that small businesses contract can be set aside, he or she can the gentleman from Ohio (Mr. CHABOT) are denied the opportunity to compete, file an appeal to an agency. However, that the House suspend the rules and the SBA’s role in the process became a due to decisions made internally at pass the bill, H.R. 3714. priority. SBA, PCRs are no longer required to

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.052 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1834 CONGRESSIONAL RECORD — HOUSE April 19, 2016 review proposed solicitations that al- This rule change has given agencies a that the House suspend the rules and ready include a small business set- way to get around small business ad- pass the bill, H.R. 4332. aside. Thus, there would be no oppor- ministrative review. This rule change The question was taken; and (two- tunity for them to file an appeal. As a has led to contracts being consolidated thirds being in the affirmative) the result, an agency can get away with or bundled, thus limiting opportunity rules were suspended and the bill was setting aside the bare minimum for for hundreds of small businesses to passed. small businesses without having a so- compete for work with the Federal A motion to reconsider was laid on licitation reviewed by the PCR, which Government. the table. deprives many small businesses of po- H.R. 4332, the Maximizing Small f tential opportunities. Business Competition Act of 2016, pro- UNIFYING SMALL BUSINESS b 1530 vides a solution. This legislation TERMINOLOGY ACT OF 2016 makes clear that Small Business Ad- This has been particularly harmful ministration procurement center rep- Mr. CHABOT. Mr. Speaker, I move to with larger contracts that have been resentatives have the ability to review suspend the rules and pass the bill bundled or consolidated. For example, contracts, regardless of whether they (H.R. 4325) to amend the Small Busi- at the General Services Administra- are designated for award to small busi- ness Act to modify the anticipated tion, we have seen large contracts nesses, if the procurement center rep- value of certain contracts reserved ex- worth billions of dollars not receive resentative believes the requirement clusively for small business concerns. PCR review. A review could have can be structured to improve small- The Clerk read the title of the bill. opened up more of the contracts to business competition. The text of the bill is as follows: small businesses. This legislation helps to ensure that H.R. 4325 The Maximizing Small Business there are not missed opportunities for Be it enacted by the Senate and House of Rep- Competition Act of 2016, introduced by small businesses contracting with the resentatives of the United States of America in Mr. KELLY of Mississippi, seeks to rem- Congress assembled, Federal Government. edy the problem created by the SBA’s SECTION 1. SHORT TITLE. Mr. Speaker, I appreciate the assist- decision to limit PCR reviews. This Act may be cited as the ‘‘Unifying ance and leadership shown by my The bill would allow PCRs to review Small Business Terminology Act of 2016’’. chairman, Chairman CHABOT, and the contracts regardless of whether the SEC. 2. MODIFICATION OF THE ANTICIPATED bipartisan working relationship with VALUE OF CERTAIN CONTRACTS RE- contract already includes a set-aside or Ranking Member VELA´ ZQUEZ in bring- SERVED EXCLUSIVELY FOR SMALL partial set-asides for small businesses. ing this bill to the floor. I appreciate BUSINESS CONCERNS. We cannot accept the bare minimum (a) IN GENERAL.—Section 15(j)(1) of the from agencies regarding contracting my colleagues’ consideration and sup- Small Business Act (15 U.S.C. 644(j)(1)) is port of H.R. 4332. opportunities for small businesses. If ´ amended by striking ‘‘greater than $2,500 but PCRs see that an agency can include Ms. VELAZQUEZ. Mr. Speaker, I not greater than $100,000’’ and inserting more small firms, they should be al- yield myself the balance of my time. ‘‘greater than the micro-purchase threshold lowed to appeal the agency. Mr. Speaker, PCRs are the first line defined in section 1902(a) of title 41, United Therefore, Mr. Speaker, I ask my fel- of offense and defense when ensuring States Code, but not greater than the sim- small businesses get their fair share of plified acquisition threshold’’. low Members to support this bill. (b) TECHNICAL AMENDMENT.—Section 3(m) I reserve the balance of my time. Federal contracts. It is troubling that SBA has limited of the Small Business Act (15 U.S.C. 632(m)) Mr. CHABOT. Mr. Speaker, I yield is amended to read as follows: such time as he may consume to the the ability of these professionals to ‘‘(m) SIMPLIFIED ACQUISITION THRESHOLD.— gentleman from Mississippi (Mr. oversee contracts. This decision could In this Act, the term ‘simplified acquisition KELLY) who in a relatively short period result in small firms not receiving the threshold’ has the meaning given such term of time in this Congress is already maximum contracting opportunities. in section 134 of title 41, United States showing considerable initiative and has Currently, if a contracting officer Code.’’. taken a leadership role in the com- sets aside 5 percent of the contract for The SPEAKER pro tempore. Pursu- mittee. service-disabled, veteran-owned small ant to the rule, the gentleman from Mr. KELLY of Mississippi. Mr. businesses, PCRs are not reviewing Ohio (Mr. CHABOT) and the gentle- Speaker, small business are mom-and- these applications. A review could find woman from New York (Ms. pop stores. They are contractors. They that more could be set aside for these VELA´ ZQUEZ) each will control 20 min- are all kinds of people across my dis- small businesses or perhaps other utes. trict located on Main Street. They are small-business groups. The Chair recognizes the gentleman families, they are veterans, and they This bill ensures that PCRs are seek- from Ohio. are individuals in the First District of ing out additional opportunities for GENERAL LEAVE Mississippi and all across this great small business and not relying on con- Mr. CHABOT. Mr. Speaker, I ask Nation. tracting officers to guarantee that unanimous consent that all Members Small businesses are the heart and these businesses are afforded their fair may have 5 legislative days to revise soul of local and rural economies, espe- share of prime contracts. and extend their remarks and include cially in places in rural districts like Mr. Speaker, once again I urge my extraneous material on the bill under my district. colleagues to support this measure. consideration. H.R. 4332, Maximizing Small Business I yield back the balance of my time. The SPEAKER pro tempore. Is there Competition Act of 2016, is part of an Mr. CHABOT. Mr. Speaker, I yield objection to the request of the gen- ongoing effort of the Small Business myself such time as I may consume. tleman from Ohio? Committee to provide opportunities for Mr. Speaker, in closing, allowing There was no objection. small businesses and to promote great- small businesses the opportunity to Mr. CHABOT. Mr. Speaker, I yield er accountability from the Federal compete for contracts is simply com- myself such time as I may consume. Government. mon sense. Competition encourages in- Mr. Speaker, many of the con- The purpose of the SBA procurement novation, lower prices, and job cre- tracting provisions in the Small Busi- center representatives is to review con- ation. ness Act were written in the 1960s and tracts across the government and make This bill will alleviate an unneces- 1970s. As such, they predate the govern- sure they are structured in a way that sary barrier to small-business competi- ment’s move to a set of standardized maximizes opportunities for small tion. H.R. 4332 removes a regulatory contracting terms in 1984. businesses to compete. hurdle. I urge my colleagues to vote to In reality, this means that the Small Unfortunately, the SBA changed suspend the rules and pass H.R. 4332. Business Act uses outdated terms that their rules to say that, if a contract Mr. Speaker, I yield back the balance make it hard to read in conjunction was restricted to small businesses in of my time. with other laws. Even the SBA has whole or in part, procurement center The SPEAKER pro tempore. The adopted the new terminology in their representatives would no longer review question is on the motion offered by regulations, given that over 30 years the contract. the gentleman from Ohio (Mr. CHABOT) have passed since it was first adopted.

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.054 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1835 My colleague and the ranking mem- well as other statutes, the very least threshold defined in section 1902(a) of title ber of the Small Business Committee, we can do is to make sure that all the 41, United States Code, and less than the Ms. VELA´ ZQUEZ of New York, intro- terminology is consistent. simplified acquisition threshold to ensure The changes made in H.R. 4325 will that the purchases have been made in com- duced H.R. 4325 to update the Small pliance with the provisions of this Act and Business Act. Thanks to her efforts, we unify the terminology, providing have been properly recorded in the Federal will no longer use different terms for much-needed certainty to both con- Procurement Data System, if the method of micropurchase or simplified acquisi- tracting officers and small businesses. payment is a purchase card issued by the De- tion than the rest of the government. Mr. Speaker, I urge my colleagues to partment of Defense pursuant to section 2784 This will make it easier for small busi- support this measure. of title 10, United States Code, or by the nesses to understand the law and for I yield back the balance of my time. head of an executive agency pursuant to sec- contracting officers to implement the Mr. CHABOT. Mr. Speaker, in clos- tion 1909 of title 41, United States Code;’’; ing, the gentlewoman’s bill is simply and law. (6) in paragraph (17) (as so redesignated)— This legislation was included as part good government. We shouldn’t have (A) in subparagraph (B), by striking ‘‘and’’ of a larger bill that passed the Small different terms and different laws if we at the end; Business Committee in January, and it are talking about the same thing. (B) in subparagraph (C), by striking the pe- received bipartisan support. Federal contracting is confusing riod at the end and inserting ‘‘; and’’; and Mr. Speaker, I urge my colleagues to enough for small businesses without (C) by adding at the end the following new support and pass H.R. 4325. the use of arcane terminology. There- subparagraph: Mr. Speaker, I reserve the balance of fore, I urge my colleagues to vote to ‘‘(D) any failure of the agency to comply with section 8, 15, 31, or 36.’’. my time. suspend the rules and pass H.R. 4325. (b) TECHNICAL AMENDMENT.—Section 3(m) Ms. VELA´ ZQUEZ. Mr. Speaker, I I would like to thank the gentle- of the Small Business Act (15 U.S.C. 632(m)) yield myself such time as I may con- woman, the ranking member, Ms. is amended to read as follows: sume. VELA´ ZQUEZ, for her leadership in this ‘‘(m) SIMPLIFIED ACQUISITION THRESHOLD.— Mr. Speaker, I rise in support of H.R. matter. In this Act, the term ‘simplified acquisition 4325, the Unifying Small Business Ter- Mr. Speaker, I yield back the balance threshold’ has the meaning given such term in section 134 of title 41, United States minology Act of 2016. There are many of my time. Code.’’. places in which the statutes and regu- The SPEAKER pro tempore. The question is on the motion offered by The SPEAKER pro tempore. Pursu- lations small businesses must under- ant to the rule, the gentleman from stand are overly complex. the gentleman from Ohio (Mr. CHABOT) Ohio (Mr. CHABOT) and the gentle- that the House suspend the rules and This problem is compounded by in- woman from New York (Ms. consistencies in the language. For ex- pass the bill, H.R. 4325. VELA´ ZQUEZ) each will control 20 min- The question was taken; and (two- ample, there are entire sections of the utes. Small Business Act that are one long thirds being in the affirmative) the The Chair recognizes the gentleman sentence with multiple commas and rules were suspended and the bill was from Ohio. passed. clauses. GENERAL LEAVE A motion to reconsider was laid on The act also predates many other Mr. CHABOT. Mr. Speaker, I ask statutes and regulations that we now the table. unanimous consent that all Members use to govern how agencies purchase f may have 5 legislative days to revise goods and services. SMALL AND DISADVANTAGED and extend their remarks and include As such, the act uses outdated termi- BUSINESS ENHANCEMENT ACT extraneous materials on the bill under nology when discussing Federal con- OF 2016 consideration. tracting. Additionally, there are places The SPEAKER pro tempore. Is there in which the definitions vary between Mr. CHABOT. Mr. Speaker, I move to objection to the request of the gen- the act and the corresponding regula- suspend the rules and pass the bill tleman from Ohio? tions. (H.R. 4326) to amend the Small Busi- There was no objection. One such case is when a contract ness Act to expand the duties of the Of- Mr. CHABOT. Mr. Speaker, I yield must be reserved for award to small fice of Small and Disadvantaged Busi- myself such time as I may consume. businesses. While the act indicates that ness Utilization, and for other pur- Mr. Speaker, the Offices of Small and contracts valued over $2,000 and below poses. Disadvantaged Business Utilization $100,000 are to be reserved for small The Clerk read the title of the bill. were created in 1978 to serve as advo- businesses, other statutes and even The text of the bill is as follows: cates within Federal agencies for small SBA’s own regulations point to dif- H.R. 4326 businesses seeking prime contracts and ferent values or use the terms the val- Be it enacted by the Senate and House of Rep- subcontracts. ues are supposed to represent. resentatives of the United States of America in These small offices help review con- This causes confusion not only Congress assembled, tracts to prevent bundling, make sure among small businesses, but also to SECTION 1. SHORT TITLE. small companies are paid promptly, contracting officers as they are left to This Act may be cited as the ‘‘Small and and ensure that solicitations are writ- Disadvantaged Business Enhancement Act of ten in a manner that maximizes the determine which values to use. 2016’’. That is why I introduced H.R. 4325, use of small businesses. SEC. 2. EXPANDING DUTIES OF THE OFFICE OF H.R. 4326, introduced by Ms. ADAMS the Unifying Small Business Termi- SMALL AND DISADVANTAGED BUSI- of North Carolina, makes two improve- nology Act of 2016. The bill amends the NESS UTILIZATION. ments to this program. (a) IN GENERAL.—Section 15(k) of the Small Small Business Act so that it has the First, H.R. 4326 makes a technical same terms that are used in titles 10 Business Act (15 U.S.C. 644(k)), as amended by section 870 of the National Defense Au- correction to the Small Business Act. and 41 of the United States Code and in When these offices were created in 1978, SBA’s own regulation when referring thorization Act for Fiscal Year 2016 (Public Law 114–92), is amended— there was no contracting program for to procurement rules. (1) by striking ‘‘section 8, 15 or 44’’ and in- service-disabled, veteran-owned small This will ensure that there is no con- serting ‘‘section 8, 15, 31, 36, or 44’’; businesses or for businesses located in fusion among contracting personnel as (2) by striking ‘‘sections 8 and 15’’ each and employing people from distressed to which opportunities should be set place such term appears and inserting ‘‘sec- areas, commonly known as HUBZones. aside for small businesses. tions 8, 15, 31, 36, and 44’’; Therefore, H.R. 4326 updates the act Mr. Speaker, our committee hears (3) in paragraph (10), by striking ‘‘section to make it clear that these small-busi- from small businesses almost daily 8(a)’’ and inserting ‘‘section 8, 15, 31, or 36’’; ness advocates are authorized to pro- (4) by redesignating paragraphs (15), (16), about how difficult it is to navigate the vide assistance to service-disabled vet- Federal marketplace. and (17) as paragraphs (16), (17), and (18), re- spectively; erans and HUBZone small businesses. With businesses having to be familiar (5) by inserting after paragraph (14) the fol- Second, the bill allows the Offices of with small-business regulations, the lowing new paragraph: Small and Disadvantaged Business Uti- Federal Acquisition Regulations, and ‘‘(15) shall review purchases made by the lization to crack down on credit card each agency’s own FAR supplement, as agency greater than the micro-purchase fraud by Federal employees.

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.057 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1836 CONGRESSIONAL RECORD — HOUSE April 19, 2016 Last year we learned that the De- Additionally, the bill provides procurement laws with regard to gov- partment of Veterans Affairs had ig- OSDBU the ability to ensure that all ernment purchase cards. nored the law and hidden almost $6 bil- small businesses have access to their According to witness testimony, in- lion in spending by using these credit services. We cannot allow agencies to cluding individuals from the Depart- cards. bypass the protections afforded to ment of Veterans Affairs, the VA’s Of- These contracts should have gone to small businesses. fice of Management issued government service-disabled, veteran-owned small I, therefore, ask my fellow Members purchase cards that were being used il- businesses, but the small-business of- to support this bill. legally. This includes recipients using fice didn’t have access to the data that I reserve the balance of my time. government purchase cards above the would have let them catch this fraud. Mr. CHABOT. Mr. Speaker, I yield micro-purchase threshold in the same H.R. 4326 gives these small-business ad- such time as he may consume to the manner as micro-purchases. vocates access to this data. gentleman from Nevada (Mr. HARDY), As ranking member of the Small This legislation was included, as I who is the chairman of the Sub- Business Subcommittee on Investiga- mentioned some of the other bills were, committee on Investigations, Over- tions, Oversight, and Regulations, I be- as part of a larger bill that passed the sight, and Regulations. lieve we must ensure that our small Small Business Committee in January, Mr. HARDY. Mr. Speaker, we hear businesses have access to Federal con- and it received bipartisan support. about fraud, waste, and abuse as it per- tracts by guaranteeing that money as- Mr. Speaker, I urge my colleagues to tains to the Federal Government sociated with government purchase support and pass H.R. 4326. spending too much in this country. cards are not used for wasteful spend- Mr. Speaker, I reserve the balance of Last year, the Subcommittee on In- ing. my time. vestigations, Oversight, and Regula- The reckless misuse of government Ms. VELA´ ZQUEZ. Mr. Speaker, I tions within the Small Business Com- funding uncovered at the VA has pre- yield myself such time as I may con- mittee held a joint hearing with the vented some small businesses from ac- sume. Veterans’ Affairs Committee to inves- Mr. Speaker, I rise in support of H.R. cessing the Federal dollars owed to tigate the reports of fraud and manipu- 4326, the Small and Disadvantaged them. This legislation would ensure lation at the VA when it comes to re- Business Enhancement Act of 2016. that every agency properly monitors porting small business goals. What we Over the years, Congress has sought to purchase card activity to better free up heard was shocking. ensure that small businesses have fair the funds allocated to small businesses, The VA unlawfully spent millions of opportunities to compete for Federal including disadvantaged businesses. dollars on medicine, medical care, and We have a responsibility to our Na- contracting opportunities. There are various provisions that re- prosthetic contracts. And even more tion’s small businesses to guarantee quire agencies to set aside or reserve troubling, these contracts, if adminis- that there is a level playing field for contracts for performance by small tered lawfully and transparently, them to offer their products and serv- businesses so long as they can perform would have allowed veteran and serv- ices. We cannot provide that level play- at a fair and reasonable price. ice-disabled veteran-owned small busi- ing field if there are inefficiencies and nesses the opportunity to compete. waste occurring within our Federal b 1545 That is why I stand in support of my agencies. These tools have provided small busi- colleague’s bill, H.R. 4326, the Small Before I close, I would like to thank nesses with opportunities that may and Disadvantaged Business Enhance- Representative HARDY for his support have otherwise been closed to them. ment Act of 2016. It contains language and cosponsorship. They have also diversified the govern- to equip small businesses with the I want to urge my colleagues to sup- ment’s available suppliers and in- tools to root out deception and fraud. port the Small and Disadvantaged creased competition, thereby strength- By having access to data in their Business Enhancement Act because ening our country’s industrial base. toolbox, the small business offices supporting small business is simply the However, last year, the Committees would have not only reduced fraud ac- right thing to do. on Small Business and Veterans’ Af- tivities, but it could also have poten- Mr. CHABOT. Mr. Speaker, I yield fairs held a hearing in which senior tially saved money by allowing com- such time as he may consume to the procurement officials at the Depart- petition in the process. gentleman from Colorado (Mr. COFF- ment of Veterans Affairs alleged that I urge my colleagues to support this MAN). He is the chairman of the Over- the Department was circumventing commonsense language to help reduce sight and Investigations Subcommittee contracting regulations. Rather than fraud, waste, and abuse. of the Committee on Veterans’ Affairs. using a contracting vehicle, con- Ms. VELA´ ZQUEZ. Mr. Speaker, I Mr. COFFMAN. Mr. Speaker, I rise tracting personnel used purchase cards yield such time as she may consume to today in support of the Small and Dis- to buy goods and services such as phar- the gentlewoman from North Carolina advantaged Business Enhancement Act maceuticals and prosthetics. (Ms. ADAMS), the author of H.R. 4326 of 2016. If true, these uses of purchase cards and the ranking member of the Sub- In part, H.R. 4326 is the result of the by the VA directly violated con- committee on Investigations, Over- outstanding joint effort between the tracting regulations. Many of these sight, and Regulations. House Veterans’ Affairs Committee’s purchases were of such value, that they Ms. ADAMS. Mr. Speaker, I rise Subcommittee on Oversight and Inves- should have been procured using either today to encourage my colleagues to tigations and the Small Business Com- the small business reserve or set- support H.R. 4326, the Small and Dis- mittee’s Subcommittee on Contracting asides. Additionally, as a result of advantaged Business Enhancement and Workforce. their use, veterans were put at risk, as Act. Our investigative work and joint the goods purchased using these cards This bill will expand oversight over hearing on the improper, and at times came without the warranties and pro- the government purchase card system illegal, use of purchase cards revealed tections provided under a contract. by ensuring that all small businesses billions of dollars worth of inappro- The Small and Disadvantaged Busi- contracting programs are under the priate purchases within the Depart- ness Enhancement Act of 2016, intro- purview of the Office of Small and Dis- ment of Veterans Affairs alone. This duced by Ms. ADAMS and Mr. HARDY, advantaged Business Utilization. work underscores the need for the re- seeks to ensure that the fraud alleged This legislation follows a joint Small form legislation to be applied across at the VA does not happen there or at Business Subcommittee on Investiga- the Federal Government. any other agency. The bill will require tions, Oversight, and Regulations and The bill requires purchase card pro- the Office of Small and Disadvantaged House Veterans’ Affairs Subcommittee curements to be reviewed if they are Business Utilization to review agency on Oversight and Investigations hear- above $3,500 and less than $150,000, and purchases made using government pur- ing, where we discussed reports that requires them to be properly entered chase cards to ensure compliance with cited irregularities at the Department into the Federal Procurement Data the contracting mechanisms set forth of Veterans Affairs. This hearing un- System. You might think this was al- in the Small Business Act. covered numerous violations of Federal ready a clearcut requirement, but it

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.059 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1837 wasn’t. H.R. 4326 corrects this glaring I yield back the balance of my time. » threatening or coercing Libyan loophole. The bill also spells out the The SPEAKER pro tempore. The state financial institutions or the Lib- role of the Office of Small and Dis- question is on the motion offered by yan National Oil Company; advantaged Business Utilization, a the gentleman from Ohio (Mr. CHABOT) ∑ to be planning, directing, or com- much-needed clarification. that the House suspend the rules and mitting or to have planned, directed, or I encourage all Members to support pass the bill, H.R. 4326. committed, attacks against any Liby- this outstanding, bipartisan piece of The question was taken; and (two- an state facility or installation (in- legislation. thirds being in the affirmative) the cluding oil facilities), against any air, Ms. VELA´ ZQUEZ. Mr. Speaker, I rules were suspended and the bill was land, or sea port in Libya, or against yield myself such time as I may con- passed. any foreign mission in Libya; sume. A motion to reconsider was laid on ∑ to be involved in, or to have been In closing, last year, we saw the gov- the table. involved in, the targeting of civilians ernment achieve record high percent- through the commission of acts of vio- f ages of dollars awarded to small busi- lence, abduction, forced displacement, ness. Unfortunately, these numbers BLOCKING PROPERTY AND SUS- or attacks on schools, hospitals, reli- have been called into question due to PENDING ENTRY INTO THE gious sites, or locations where civilians allegations of fraud, waste, and abuse UNITED STATES OF PERSONS are seeking refuge, or through conduct at the VA. CONTRIBUTING TO THE SITUA- that would constitute a serious abuse Ultimately, we do not know the total TION IN LIBYA—MESSAGE FROM or violation of human rights or a viola- value of small business contracts at THE PRESIDENT OF THE UNITED tion of international humanitarian the VA, but estimates suggest that STATES (H. DOC. NO. 114–124) law; small businesses lost out between $2.8 ∑ The SPEAKER pro tempore (Ms. to be involved in, or to have been billion and $3.7 billion of contracts as a involved in, the illicit exploitation of MCSALLY) laid before the House the fol- result of personnel using their pur- lowing message from the President of crude oil or any other natural re- chase cards. If this is true, it is a fail- the United States; which was read and, sources in Libya, including the illicit ure not just of the VA, but of the pro- together with the accompanying pa- production, refining, brokering, sale, curement system more broadly. pers, referred to the Committee on For- purchase, or export of Libyan oil; Time and time again, we are pre- ∑ eign Affairs and ordered to be printed: to be a leader of an entity that has, sented with similar allegations in or whose members have, engaged in which opportunities were improperly To the Congress of the United States: any activity described above; diverted away from those that they Pursuant to the International Emer- ∑ to have materially assisted, spon- were intended to reach. Every time gency Economic Powers Act (50 U.S.C. sored, or provided financial, material, this happens, a deserving small busi- 1701 et seq.) (IEEPA), I hereby report logistical, or technological support for, ness loses out on revenue that could that I have issued an Executive Order or goods or services in support of any help create jobs in local communities. (the ‘‘order’’) expanding the scope of of the activities described above or any The truth is that we need more over- the national emergency declared in Ex- person whose property and interests in sight, and H.R. 4326 will provide it. ecutive Order 13566 of February 25, 2011, property are blocked pursuant to the Before I yield back, I want to thank with respect to the unusual and ex- order; or Ms. ADAMS for her efforts and the ef- traordinary threat to the national se- ∑ to be owned or controlled by, or to forts of all of the members of the com- curity and foreign policy of the United have acted or purported to act for or on mittee to work in a bipartisan manner States posed by the situation in Libya. behalf of, any person whose property to help small businesses gain access to In the order, I find that the ongoing and interests in property are blocked the Federal marketplace. violence in Libya, including attacks by pursuant to the order. I also would like to take this oppor- armed groups against Libyan state fa- In addition, the order suspends entry tunity to thank Chairman CHABOT for cilities, foreign missions in Libya, and into the United States of any alien de- his leadership on these matters, as well critical infrastructure, as well as termined to meet one or more of the as other legislation that has passed out human rights abuses, violations of the above criteria. of the committee. I am happy to be arms embargo imposed by United Na- I have delegated to the Secretary of working with him again to ensure that tions Security Council Resolution 1970 the Treasury, in consultation with the small businesses get the help they need (2011), and misappropriation of Libya’s Secretary of State, the authority to to grow and continue to create jobs for natural resources threaten the peace, take such actions, including the pro- our communities. security, stability, sovereignty, demo- mulgation of rules and regulations, and I also would like to add a thank you cratic transition, and territorial integ- to employ all powers granted to the note to the staff on the majority, rity of Libya, and thereby constitute President by IEEPA as may be nec- Emily Murphy, and on the minority, an unusual and extraordinary threat to essary to carry out the purposes of the Eminence Griffin. the national security and foreign pol- order. All agencies of the United States I yield back the balance of my time. icy of the United States. The order Government are directed to take all Mr. CHABOT. Mr. Speaker, I yield blocks the property and interests in appropriate measures within their au- myself such time as I may consume. property of persons determined by the thority to carry out the provisions of In closing, allowing service-disabled Secretary of the Treasury, in consulta- the order. veterans access to small business advo- tion with the Secretary of State: I am enclosing a copy of the Execu- cates in Federal agencies is simply ∑ to be responsible for or complicit tive Order I have issued. common sense. Allowing those advo- in, or to have engaged in, directly or BARACK OBAMA. cates the tools necessary to detect indirectly, any of the following: THE WHITE HOUSE, April 19, 2016. » fraud is good government. actions or policies that threaten f This bill deserves the support of the the peace, security, or stability of House. I want to thank Mr. HARDY of Libya, including through the supply of EARTH DAY AND THE PARIS Nevada for his leadership, Mr. COFFMAN arms or related materiel; CLIMATE AGREEMENT of Colorado, Ms. ADAMS of North Caro- » actions or policies that obstruct, (Mr. TONKO asked and was given lina, and, as always, the ranking mem- undermine, delay, or impede, or pose a permission to address the House for 1 ber, Ms. VELA´ ZQUEZ, for her leadership significant risk of obstructing, under- minute and to revise and extend his re- in this matter and all the other bills mining, delaying, or impeding, the marks.) we had today. I urge passage of H.R. adoption of or political transition to a Mr. TONKO. Madam Speaker, the 4326. Government of National Accord or a idea of Earth Day began as a single day I also want to thank the Speaker pro successor government; for the Nation to focus on environ- tempore for his time this afternoon. I » actions that may lead to or result mental protection. Soon after the very particularly enjoyed his pronunciation in the misappropriation of state assets first Earth Day in 1970, the phrase of the great State of Ohio. of Libya; or ‘‘every day is Earth Day’’ became a

VerDate Sep 11 2014 03:09 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.060 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1838 CONGRESSIONAL RECORD — HOUSE April 19, 2016 mantra among those who want to leave I had the pleasure this morning to be appoint Justices to the Supreme Court, our planet in better shape than it was at Masonville Cove in Baltimore. This pursuant to Article II, section 2, and he when we got here. is the first national wildlife urban ref- has fulfilled his duty with his nomina- On Earth Day 2016, I am proud to uge that was established in the coun- tion of Judge Garland. The Senate has note that the landmark Paris Climate try. I was there with a class of young both the authority and the duty to pro- Agreement is scheduled to be signed by people—high school students from Ben- vide advice and consent on the Presi- more than 150 nations, including the jamin Franklin High School—who are dent’s nominee; yet the Senate has, world’s biggest polluters: China, Brazil, learning science in the classroom but thus far, refused to do its job, which is and the United States. The quickest, then are taking that knowledge out- simply unacceptable. most direct way we are making every doors and are connecting to nature. It is clear the Constitution requires day Earth Day, this Friday, is by im- I am very excited that recently, when that both the President and the Senate plementing the largest international we passed the new reauthorization of fulfill their respective roles in the Su- agreement the world has ever known. the Federal Education Act, we embed- preme Court nomination process in Earth Day isn’t just about the envi- ded in it environmental education, order for the Supreme Court to be able ronment. It is about the people who in- which is now going to allow nonprofits, to fully perform its constitutional role. habit it. It is about the air we breath, local school districts, and others to Otherwise, what is to stop the Senate the water we drink, and the food we apply for competitive grant funding from grinding the Court—a coequal eat. from the U.S. Department of Education branch of government, I remind you— The Paris Agreement is already to support environmental education to a halt by simply refusing to consider working, setting the foundation for an and outdoor activities all across this any nominees to fill any vacancies on historic reduction in greenhouse gases, country. the Court? and paving the way to a thriving, clean The excitement these young people There is no merit to their argument global economy. Here at home, it is have today shows that our planet is in that we have to wait until we elect a also about creating new jobs and em- good hands. new President. After all, the American powering the private sector to once f people twice elected President Obama again harness that uniquely American OBSTRUCTION OF JUDGE MERRICK to fulfill the duties of President, in- brand on innovation to lead the global GARLAND’S APPOINTMENT TO cluding the duty to appoint Supreme marketplace. THE UNITED STATES SUPREME Court Justices. A strong and inde- We may celebrate it once a year, but COURT pendent judiciary is a prerequisite for a strong democracy. This remains as Earth Day truly is every day. That is a The SPEAKER pro tempore. Under true in the last year of a Presidency as promise that is as important today as the Speaker’s announced policy of Jan- it does in the first. Moreover, there is it was 46 years ago. And 46 years later, uary 6, 2015, the gentleman from Michi- ample precedent for Presidents nomi- we are making Earth Day every day gan (Mr. CONYERS) is recognized for 60 with the Paris Climate Agreement. minutes as the designee of the minor- nating and the Senate confirming Su- preme Court nominees in a Presi- f ity leader. dential election year. For example, in GENERAL LEAVE b 1600 1988, during the last full year of Ronald Mr. CONYERS. Madam Speaker, I Reagan’s Presidency, the Democratic- UNITED STATES V. TEXAS ask unanimous consent for all Mem- bers to have 5 legislative days in which controlled Senate confirmed the nomi- (Ms. LORETTA SANCHEZ of Cali- nation of Justice Anthony Kennedy by fornia asked and was given permission to revise and extend their remarks and to include extraneous material on the President Reagan by a vote of 97–0. to address the House for 1 minute and There are 9 months left in President to revise and extend her remarks.) subject of this Special Order. The SPEAKER pro tempore. Is there Obama’s term. The President has nomi- Ms. LORETTA SANCHEZ of Cali- nated an eminently qualified jurist in fornia. Madam Speaker, I rise to talk objection to the request of the gen- tleman from Michigan? Judge Garland, and the Senate has about families. more than enough time to consider and Yesterday, the Supreme Court heard There was no objection. Mr. CONYERS. Madam Speaker, I vote on his nomination. It is vital that oral arguments on DACA and DAPA. I rise to implore the Senate to fulfill its the Supreme Court have a full com- challenge anyone to look at the chil- responsibility and give fair consider- plement of Justices so that the critical dren who were protesting in front of ation to President Obama’s nomination constitutional and legal questions be- the Supreme Court yesterday and not of Judge Merrick Garland to the Su- fore the Court can be given the full at- feel an urgency to protect them and preme Court. tention they need. Already, we have their families. During my tenure in this honorable seen a number of 4–4 decisions that Our unjust and broken immigration body, I have witnessed no comparable have left much uncertainty in place for system has forced millions of families examples of partisan politics and com- the lower courts, for the litigants, and to live in the shadows. Where is our plete obstructionism with respect to for Americans generally. compassion? the consideration of a Supreme Court The Senate should do its job: comply Immigrants, regardless of legal sta- nominee. with regular order, hold hearings on tus, deserve justice and dignity. We are I introduced H. Res. 661, together Judge Garland’s nomination, and then a Nation of immigrants. Uniting and with my Democratic colleagues on the have an up-or-down vote on the nomi- keeping our families together is an in- House Judiciary Committee. This reso- nation. tegral American value. We should be lution calls on the Senate to hold hear- Now it is with great pleasure that I protecting the stability of our hard- ings and an up-or-down vote on the yield to the gentleman from Maryland, working immigrant families instead of President’s nomination of Judge Gar- Mr. STENY HOYER, the distinguished tearing them apart. land. The Senate majority’s flat-out re- minority whip. Comprehensive immigration reform fusal to consider President Obama’s Mr. HOYER. I thank the gentleman is the moral imperative of our time, nominee, regardless of the nominee’s for yielding and for his distinguished and I urge this Congress to pass it. qualifications, is historically unprece- service. f dented and is part of a longstanding Madam Speaker, I want to begin by pattern of disrespect shown to this ad- expressing my appreciation to the EARTH DAY ministration in particular. Our Con- ranking member of the Judiciary Com- (Mr. SARBANES asked and was given stitution relies on a system of checks mittee for leading today’s Special permission to address the House for 1 and balances; yet the Senate major- Order on the important issue of the va- minute and to revise and extend his re- ity’s continued stonewalling of the cancy on the Supreme Court and the marks.) President’s nominee threatens to Senate Republicans’ unprecedented ob- Mr. SARBANES. Madam Speaker, throw the system into an imbalance. struction of the President’s nominee. this coming Friday, April 22, is Earth The President, of course, has the con- That nominee, of course, is Judge Day. stitutional authority and obligation to Merrick Garland of the U.S. Circuit

VerDate Sep 11 2014 03:36 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.063 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1839 Court of Appeals for the District of Co- President’s term. Ranking Member I yield to the gentlewoman from lumbia. He is one of the most highly CONYERS, the former chairman of the California (Ms. LORETTA SANCHEZ). qualified nominees ever. Let me repeat Judiciary Committee, just spoke to Ms. LORETTA SANCHEZ of Cali- that. He is one of the most highly that. Nowhere in our Constitution is fornia. Madam Speaker, I thank the qualified nominees ever to be put for- the President’s authority limited by gentleman from Michigan. ward for a seat on the Nation’s highest the number of days or months into or I rise today to express my concern court. He is a respected former pros- remaining in his or her term. The about the ongoing vacancy in the Su- ecutor and is well regarded as an appel- President is the President from Janu- preme Court. The President has done late judge. He was confirmed to his ary 20 until January 20 4 years later. his constitutional job, and that is to present position in 1997 by a vote of 76– This is yet another example of congres- screen, to choose, to nominate, and to 23, with a majority of Republicans vot- sional Republicans holding this par- put forward a name. ing in favor. ticular President to a different and un- The Senate must do its constitu- Madam Speaker, in fact, notwith- fair standard. tional duty, to take a look at the standing the opposition of some Repub- The Senate confirmed Justice An- nominee and give a vote. I don’t know licans, they articulated—in particular, thony Kennedy, as has been said, dur- how the Senate would vote, depending Mr. GRASSLEY, who is now the chair- ing the final year of President Rea- on the nominee. man of the Judiciary Committee—that gan’s second term. Thirteen other Jus- It is in their jurisdiction. It is in Judge Garland was eminently qualified tices have been confirmed during Presi- their individual right to take a look and would be good for an appointment dential election years, including Louis and to decide yea or nay. But it is their to another court but that he was not Brandeis and Benjamin Cardozo—two responsibility to take up that nominee. for expanding the Circuit Court of the of the great members of the Supreme That is the constitutional requirement. District of Columbia, and it was for Court of the United States. It has dire consequences for us when that reason alone that he voted against During the Kennedy confirmation this vacancy is left unfilled. It has dire Mr. Garland. process in 1988, President Ronald consequences for many, in particular, Madam Speaker, today is the 21st an- Reagan said: ‘‘The Federal judiciary is for example, the Latino community. niversary of the Oklahoma City bomb- too important to be made a political Just yesterday the Supreme Court ing. Judge Garland, as Deputy Assist- football.’’ heard oral arguments in United States ant Attorney General during the Clin- I would hope that Senate Repub- v. Texas, a challenge to the President’s ton administration, oversaw the suc- licans, who often cite President Reagan executive actions on immigration. cessful investigation into the bombing as a guide for the kind of leaders they Because of the vacancy, we only have and the prosecution of its perpetrators. want to be, would heed this admoni- three Justices. So there is the clear His insistence on traveling to see the tion. Some have had the political cour- possibility that it could be a 4–4 vote. remains of the Murrah Building in the age to reject their colleagues’ dis- That would leave in place the freeze on days after the attack and his hands-on respectful approach of refusing to even DACA and DAPA, and millions of im- approach to the investigation and pros- meet with Judge Garland. I congratu- migrants’ lives are hanging in the bal- ecution won him praise across the po- late them. They are doing their jobs. ance. litical spectrum. b 1615 The Supreme Court must be able to The Constitution is clear: the Presi- Not only should all Members of the make concrete decisions on the most dent has a responsibility to nominate Senate give him the courtesy of a pressing issues facing our country, but Justices to the Court, and the Senate meeting, they ought to do their jobs as we are stuck in limbo. has the ability to advise and consent, well and not stand in the way of hear- Actually, if you think of the division but it also has the responsibility to ings and consideration. of powers, we are purposely in a way provide its advice and consent with re- The Senate’s duty to advise and con- hampering the power of that judiciary. gard to these nominees. It can, of sent certainly, Madam Speaker, was It doesn’t have to be that way. course, reject a nominee, and it can ad- not envisioned by the Founders to be President Obama has nominated vise and consent to the appointment of optional or that the Senate could effec- Judge Garland, a worthy and a just a nominee; but the Senate has chosen tively pocket veto a nomination to the successor to the late Justice Scalia’s to do neither. It has chosen to do noth- Court. The Senate ought to do its job. seat. ing. It has chosen to perpetrate grid- I don’t think a single Founder would Yes, Senate Republicans refuse to lock in the Supreme Court of the have conceived of the possibility of the give Judge Garland their consideration United States. President Obama met Court receiving a nomination pursuant even though a majority of Senate Re- his responsibilities. Now the Senate to the President’s constitutional re- publicans voted to confirm this exact must do the same. It needs to do its sponsibility and authority and simply same judge to the D.C. Circuit Court of work. Senate Republicans can’t just say: Too bad, Mr. President. Too bad, Appeals in 1997. pick and choose when to do their jobs. Supreme Court. We are not going to They refuse to consider his nomina- Last month, we saw the real-life con- consider that nomination. tion. Why? Because they are looking to sequences of an eight-member Supreme No Founding Father would have con- block any Supreme Court nominee at Court as it split 4–4 in a key case con- ceived that to be possible, and they, any cost. cerning the right of the teachers to or- therefore, did not provide for a time There is too much at stake to leave ganize and collect union dues. Madam limit in which the consideration could the Supreme Court vacancy open. It is Speaker, I was pleased with that par- occur. time for the Senate to fulfill their con- ticular outcome because the lower I suggest to you, Madam Speaker, stitutional duty by filling the Supreme court had ruled in a way that I thought that, if we meet our oath to the Con- Court vacancy with undue delay. was appropriate. It is an example, how- stitution of the United States to up- Wasting time, playing political ever, of a case too important to be the hold the laws of the United States, it is games with the highest of the Court, is result of a default to the lower court incumbent upon us to ensure that the irresponsible and is unacceptable. because of a split bench. In cases like Supreme Court of the United States is Mr. CONYERS. Madam Speaker, I these, the Court cannot set precedent. fully manned so that it can, in fact, as- yield to the gentleman from Rhode Is- The American people, however, deserve sure the faithful execution and adher- land (Mr. CICILLINE), a distinguished a Court that operates at full strength ence to the laws and Constitution of member of the Judiciary Committee. so that it can establish precedent. this country. Mr. CICILLINE. Madam Speaker, I We cannot wait until after the elec- I thank my colleague from Michigan thank the gentleman from Michigan tion to vote on Judge Garland’s nomi- (Mr. CONYERS) for leading this Special for yielding and for his leadership on nation. Senate Republicans, Madam Order tonight on a subject of profound this Special Order hour. Speaker, continue to insist that, some- consequence to all Americans. Madam Speaker, 5 weeks ago Presi- how, their obstruction is based in Mr. CONYERS. Madam Speaker, I dent Obama fulfilled his constitutional precedent—that a nomination ought thank the gentleman from Maryland responsibility and nominated Judge not to be made in the final year of a for his incredible analysis. Merrick Garland to the Supreme Court.

VerDate Sep 11 2014 03:36 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.064 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1840 CONGRESSIONAL RECORD — HOUSE April 19, 2016 Judge Garland is eminently qualified brother that now manufactures most of So I urge my colleagues in the Sen- for this position. In 1997, he was con- the theater lighting equipment in the ate to give Merrick Garland what lib- firmed to the United States Court of United States. eral Democrats gave Clement Appeals in the District of Columbia What is less well known is that I am Haynsworth: hearings and a vote. with a majority of both parties sup- also the son of a civil rights lawyer In 1969, finally, the Senate voted to porting his nomination. He oversaw the who wrote much of the enforcement withhold its consent for the appoint- prosecution of Timothy McVeigh and language behind the Civil Rights Act of ment of Clement Haynsworth 3 months Terry Nichols for the Oklahoma City 1964. Like me, my father was a sci- after his nomination, with 38 Demo- bombing. entist, and he stepped away from his crats and 17 Republicans voting against Before Judge Garland’s nomination career in science to become a civil him. to the Supreme Court, Republican Sen- rights lawyer. I think that the process will make it ator ORRIN HATCH said he would be a There was a decade between the Su- clear how qualified Merrick Garland is consensus nominee and that there was preme Court decision in Brown v. and that he will be confirmed, but the no question he would be confirmed in Board of Education that held that ra- Senate must follow the process estab- the Senate. cially segregated school systems were lished in the Constitution for reviewing Now, one month after President inherently unequal and the Civil a nominee. Obama nominated Judge Garland to Rights Act of 1964. Mr. CONYERS. Madam Speaker, I the Supreme Court, Senate Repub- My father spent most of that decade yield to the gentleman from California licans are refusing to hold hearings on traveling around the South, advising (Mr. SCHIFF), the ranking member on his nomination or give him an up-or- school boards and Federal judges on the Intelligence Committee and a down vote. the nuts and bolts of school desegrega- former member of the House Judiciary President Ronald Reagan said: The tion. Committee. Federal judiciary is too important to In August of 1969, President Richard Mr. SCHIFF. Madam Speaker, last be made a political football. But that is Nixon nominated Judge Clement F. month President Obama nominated a exactly what Senate Republicans are Haynsworth to be an Associate Justice fantastic jurist, Judge Merrick Gar- doing. of the Supreme Court. The nomination land, to the Supreme Court. Seconds They are denying the American peo- was to replace Justice Abe Fortas, a later Republicans announced that he ple a fully functioning Supreme Court liberal from the New Deal era. The con- would not receive a vote, a hearing, or and choosing to turn the Federal judi- firmation of Clement Haynsworth even a courtesy meeting in many cases. ciary into a political football. would have shifted the balance of the Judge Garland has a sterling reputa- The Supreme Court was designated Court significantly to the right. tion as a brilliant centrist and, above by the Founders of our country to Many liberal Democrats were strong- all, a fair jurist. He has been praised by make major decisions of law and to ly opposed to the nomination on ideo- Members of both parties in the past. protect the rights of all Americans, but logical grounds, but my father knew He served in the criminal division of the Supreme Court can’t function as it Judge Haynsworth from his years the Department of Justice before his was designed without a full slate of working in civil rights. He knew him to nearly two-decades-long career as a nine Justices. be an intelligent and a fair-minded U.S. circuit court judge. The Constitution makes clear that man. Garland is a Harvard University and the President’s job is to nominate Jus- So my father was called to testify be- Harvard Law School graduate. He tices to the Supreme Court, and the fore the Senate Judiciary Committee clerked for a U.S. Court of Appeals Senate’s job is to advise and consent on in support of the nomination of Clem- judge and then for Justice William those nominations. ent Haynsworth. Brennan on the U.S. Supreme Court. The President has done his job. It is My father’s testimony cited specific During his stint with the Department outrageous and deeply offensive that cases in which he, my father, as an of Justice, he was dispatched in the Senate Republicans are saying they avowedly liberal Democrat, would have aftermath of the Oklahoma City bomb- won’t do their job for the remainder of decided otherwise. But he pointed out ing to help set up the prosecution team the year. that the decisions could be sustained and help investigators build a case. This is yet another example, maybe by a reasonable man and could be sus- When Garland was appointed to the the most consequential example, of Re- tained under precedent. U.S. Court of Appeals, he received a publican obstruction. The American In the closing of my father’s testi- broad and bipartisan vote. There is no people deserve more from their elected mony, he said: doubt that Garland is superbly quali- officials. The question for me is not whether I would fied. Leader MCCONNELL and Members of have made another nominee for the Supreme This Nation’s Constitution expressly the Senate Republican caucus, do your Court. It is rather the question of whether states that the President has the power job and consider Judge Garland’s nomi- Judge Haynsworth possesses the qualities re- to appoint Supreme Court Justices nation as swiftly as possible. The quired to become a fine Justice of the Su- with two-thirds of the Senate approv- American people deserve nothing less. preme Court. ing. Mr. CONYERS. Madam Speaker, I This is the standard that should be Nowhere is there some kind of an as- yield to the gentleman from Illinois employed by the Senate today. The terisk stating that, during their last (Mr. FOSTER). President alone has the authority and year in office or even during the last Mr. FOSTER. Madam Speaker, I the obligation to nominate a person to few weeks of their term, the President would like to thank the gentleman serve on the Supreme Court. must relinquish this power to a suc- from Maryland for coordinating this The Senate can defeat that nomina- cessor. discussion, and I thank Ranking Mem- tion through a vote on the Senate floor President Obama was elected by the ber CONYERS for yielding. after hearings and thoughtful consider- American public in 2012 to serve an- Madam Speaker, a Supreme Court ations of a person’s judicial tempera- other 4 years in office. With 9 months sitting with only eight Justices, in- ment and intellect. left in his term, there is no excuse for cluding the Chief Justice, is not good I believe that considering those char- the Senate to block him from filling for democracy. acteristics makes it clear that Judge this Supreme Court vacancy. The failure by the Senate to consider Merrick Garland is eminently qualified Precedent demands action. In the our President’s nominee because of the to sit on the Supreme Court. But from past, six previous Supreme Court nomi- electoral cycle is an abdication of con- the Framers, to my father, to today, nees were confirmed by the Senate in stitutional responsibility that is with- we have established frameworks for an election year, including current out precedent and without reason. making those decisions. Justice Anthony Kennedy, who was Now, I am best known to my col- The Supreme Court should not be, as nominated by then-President Reagan. leagues as the last Ph.D. scientist in a famous President once said, a polit- A Republican President who was in Congress or perhaps as the business- ical football, and filling the bench is the final year of his term and a Demo- man who founded a company with his vitally important. cratic Congress hoping that one of

VerDate Sep 11 2014 03:36 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.066 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1841 their own would replace him in The President’s duty to nominate a Su- on the nominee. They want and expect Oval Office, if that sounds familiar, it preme Court Justice. Republican Senators to do their jobs. is. I would like to remind my Repub- Justice Scalia dedicated his life to But instead of the partisan gridlock lican colleagues, a full Presidential the Constitution. The Senate should in the midst of a heated presidential term is 4 years, not just 3. I know math honor his service by upholding their campaign, in 1988, Kennedy received a can be hard and a little tricky, so I constitutional responsibility to give fair and lengthy hearing chaired by wanted to make sure that my Repub- his replacement a fair hearing and a then-Senator JOE BIDEN and then re- lican colleagues in the Senate were timely vote. ceived an overwhelming 97–0 bipartisan clear on that. Mr. CONYERS. Madam Speaker, I vote. The vacancy before us is one that is thank the gentleman, and I now yield critically important for all Americans, to the gentleman from Texas (Mr. CAS- b 1630 but especially for Latinos living in the TRO). The Supreme Court is a coequal United States. The President has ful- Mr. CASTRO of Texas. Madam branch of government, not to be trifled filled his obligation. Now it is time for Speaker, yesterday I had the honor and with, not to be demeaned like some ad- the Republican Senators to do their the privilege of sitting in the Supreme ministrative backwater, and certainly job. Court chamber while the case of United not to be made the partisan and polit- Mr. CONYERS. Madam Speaker, I States v. Texas was argued. It is a case ical plaything of a Senate GOP leader- thank the gentlewoman. I now yield to that many of us hope will affirm the ship desperate to hold on to its major- the gentleman from Arizona (Mr. President’s executive actions known as ity at all costs. GALLEGO). DACA and DAPA and allow for chil- Judge Garland deserves a full and Mr. GALLEGO. Mr. Speaker, I rise dren who were brought here through no fair hearing before the Senate to dis- today to call on the Senate Repub- fault of their own as young kids to stay cuss his qualifications and judicial phi- licans to give a full and fair hearing in the country, and also for their par- losophy, and he deserves an up-or-down and vote to confirm President Obama’s ents, the parents of U.S. citizen chil- Supreme Court nominee, Judge vote on his nomination as soon as pos- dren, to also remain here so that fami- Merrick Garland. sible. lies are not separated because of our To do otherwise would set a dan- There is critical business before the Supreme Court this term. Our democ- laws. gerous new precedent that further po- I hope that the President prevails racy relies on a full and functioning liticizes the judicial nomination proc- and the administration prevails and ess and departs from our constitutional Supreme Court. It has been more than a month since these families prevail in their argu- system. President Obama announced his nomi- ments when we find out in June or so Mr. CONYERS. Madam Speaker, I nee, and Republican leadership has re- what the Supreme Court decides. As all now yield to the gentlewoman from fused to move forward with the con- of us sat there and watched the argu- California (Ms. LINDA T. SA´ NCHEZ). ments, the elephant in the room was ´ firmation process. Ms. LINDA T. SANCHEZ of Cali- Judge Garland is an experienced and that there was one Justice who was not fornia. Madam Speaker, I thank Mr. respected jurist with a long history of there. Instead of the Supreme Court CONYERS for his leadership and for or- service to our Nation. He has more ex- being filled with nine Justices, there ganizing this Special Order to high- perience as a Federal judge than any were only eight, which leaves open the light the grave consequences of Senate nominee in history, but Republican possibility in this case, and many oth- Republican obstructionism by blocking leaders have decided they won’t hold a ers, that the Court will be deadlocked a simple up-or-down vote on the nomi- hearing to consider Judge Garland’s 4–4. nation of Judge Merrick Garland to the nomination. Instead of doing their Not only on this issue where both Supreme Court. jobs, Republicans are playing political sides, whether you are in favor of the Republicans claim to love the Con- games and leaving our Nation’s highest administration’s actions or against stitution, yet they refuse to acknowl- court in limbo. them, have a right to have the case de- edge their constitutional duties. Sen- This kind of obstructionism is un- cided and not be left in limbo. ate Republicans have chosen to play precedented. Since the 1980s, every per- On the issue of immigration in this politics instead of doing what is right son appointed to the Supreme Court term, on the issue of abortion, criminal for the American people. They simply has been given a prompt hearing and a law issues, jury selection issues, these don’t want to do their job. vote within 100 days. There are 276 days important constitutional questions, President Obama faithfully fulfilled until the next President takes office— many of them could be left in limbo be- his constitutional duty by nominating plenty of time to consider Judge Gar- cause the Senate Republicans refuse to Chief Judge Merrick Garland to the Su- land’s nomination. even start to do their job. preme Court, but Senate Republicans The Constitution gives the President The President has nominated some- refuse to even hold a hearing to con- the responsibility to nominate Justices body for the Supreme Court. The Sen- sider, to just consider, Chief Judge to the Supreme Court and gives the ate is supposed to take that nomina- Garland’s nomination. Senate the job of considering that tion up, give the person a hearing, and This refusal to fulfill a constitutional nominee. There are no exceptions for then take a vote. duty of theirs to vet and vote on this election year. Never before in Amer- Is it so much to ask that the Senate nominee is indicative of Republicans’ ican history has a Senate majority said take a vote on the nomination? 8-year strategy of obstructing Presi- they refuse to consider or vote on any- They can vote ‘‘no’’ if they disagree dent Obama at every opportunity. one nominated by the current Presi- with it, but they should at least take a And who loses? The American people dent. We have never stopped consid- vote. do. ering Supreme Court nominees during Now, I say this in the context of the The worst excuse that I have heard as election years. last few years in this Congress, putting to why Senate Republicans are shirk- This is just the latest example of un- aside this term that we are in right ing their duty is that the American conscionable Republican obstruc- now, the last two terms of Congress be- people should have a say in the process. tionism. From shutting down the gov- fore this were the least productive I would like to remind my Senate Re- ernment to threatening to cause a cat- terms in American history, measured publican colleagues that the American astrophic default, Republicans have by the number of bills sent to the people—including 11.2 million Latinos proven that they don’t know how to President’s desk. who voted in the 2012 election cycle— govern and they don’t have our Na- What this represents is the fact that already had a voice in this nomination. tion’s best interests in mind. Repub- the cancer of gridlock is spreading The American people expressed their licans continue to put partisan politics from the Congress to the judiciary be- will when they overwhelmingly re- ahead of the well-being of the Amer- cause Senate Republicans refuse not elected President Obama to a second ican people. only to do their job in their Chamber, full term, with the understanding that Nearly 60 percent of Americans want but also to allow the Supreme Court to if a vacancy occurred, it is part of the the Senate to hold hearings and vote properly do its job.

VerDate Sep 11 2014 03:36 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.067 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1842 CONGRESSIONAL RECORD — HOUSE April 19, 2016 Mr. Speaker, I urge the Senate and istrative law textbooks, I fear they are positive side of the image of Congress Senate Republicans to do their job and seeing all of this play out and think- simply because we don’t do our work to take a vote on the nomination of ing, why would I want to devote my ca- when it is required of us. Merrick Garland. reer and life to the judicial process Where else in this country in any Mr. CONYERS. Madam Speaker, I am only to be denied consideration from a other job can you say no when asked to now pleased to yield to the gentleman stubborn Senate? do your job? That is what is happening from Washington (Mr. HECK). But worst of all, with this inaction, here. Mr. HECK of Washington. Madam the Senate is basically erasing the Our Republican-controlled Senate is Speaker, I thank the ranking member lines, and they are creating a new level suggesting and indicating by their ac- for yielding to me. of gridlock. As an American, I, frankly, tion that they will not move in fairness Please listen with me to the fol- genuinely fear what this will become. to address this nomination. My col- lowing timeless, universal, and wise Every American should fear what this leagues and I are not asking for a rub- words: will mean in the future. This kind of ber stamp process here. We are asking ‘‘Trust that justice will be done in obstructionism can become and will be- simply that a fair hearing be given to our courts without prejudice or par- come a slippery slope, and it will not the individual nominated by our Presi- tisanship is what, in a large part, dis- bode well for our democracy. This is ar- dent. tinguishes this country from others. bitrary and capricious. President Obama has looked at quali- For a judge to be worthy of such trust, Justice Scalia died February 12, so fications, he has checked performance, he or she must be faithful to the Con- there was not enough time left because he has looked at integrity, and he has stitution and to the statutes passed by there was just a year left to go. Same named an individual that has received the Congress. He or she must put aside is true in January. great reviews on both sides of the aisle personal views or preferences and fol- What about December and Novem- in both Houses; but for some reason our colleagues in the other House—the Re- low the law, not make it.’’ ber? That is holiday season. Hardly publicans of the Senate—will not allow Timeless and universally wise words. enough time. for a fair hearing. That is saying no to And, yes, those are the words of Chief What about October? Well, we are your job. They embrace the Constitu- Judge Merrick Garland. going into holiday season. tion, but seem to walk from it when it President Obama fulfilled his con- What about September? Well, we stitutional responsibility by nomi- doesn’t fit their agenda. have got to get the budget out. What we have here again is obstruc- nating Chief Judge Garland, an emi- What about August? We are on re- nently qualified American, to the Su- tionism, perhaps of an historic dimen- cess. sion. This show of recalcitrance is re- preme Court. He does, indeed, deserve— We are erasing the lines, and that is and the American people deserve—a grettable and it is unacceptable. for the Supreme Court. For the sake of argument, let me just fair hearing and an up-or-down vote. Where does it go next? Does it go to share two numbers: 67 and 125. Sixty- Chief Judge Merrick Garland has all other judicial level appointments? seven days is the average length of more Federal judiciary experience than Does it go to all administrative agen- time from nomination to confirmation any other Supreme Court nominee in cies? for a Supreme Court nominee since history. Let me repeat that. He has We are erasing the lines. It will not 1975. Sixty-seven days. In terms of 127 more Federal judicial experience than bode well for the rule of law. It will not days, that expresses the longest wait any other Supreme Court judge in his- bode well for justice. ever for a nominee from nomination to tory. This approach has earned him bi- I am not in the business of giving ad- confirmation before that vote came. So partisan praise throughout his career. vice to the eminent Members of the 67 days and 125 days to make the case As he was, as noted earlier, confirmed upper Chamber ever except today. Do here. by a majority of both political parties, your job. Hold a hearing. Give it an up- President Obama nominated Judge Senator HATCH’s words were ref- or-down vote. Were I there, yes, I Merrick Garland on March 17, a full 311 erenced. would vote to confirm Chief Judge Gar- days before his term expires on Janu- Here is what hasn’t been referenced. land. But, minimally, do your job. Hold ary 20 of next year. So the math here is None other than Chief Justice of the a hearing and give it an up-or-down very plain. It is a sound, solid argu- Supreme Court John Roberts said: vote. ment: 67 on average, 125 at fullest ‘‘Anytime Judge Garland disagrees, Mr. CONYERS. Madam Speaker, I length for the time span for doing busi- you know you’re in a difficult area.’’ now to yield to the distinguished gen- ness in the Senate when it comes to ad- I am proud to be from and in this tleman from New York (Mr. TONKO). dressing the highest court in the land. body representing a region of Wash- Mr. TONKO. Madam Speaker, I thank They have had 311 days to do their ington State. Of course, I am not over the ranking member of our Committee work. in the Senate. We here on the House on the Judiciary for yielding. I thank People say: Well, the people need to floor don’t get a vote. The nomination the gentleman from Michigan (Mr. decide. They want a President to be doesn’t come here. But I am also proud CONYERS) for bringing us together to- elected, come forth, and then address that I am represented by both Senators night so as to speak to what I think is this vacancy. PATTY MURRAY and MARIA CANTWELL, a necessary cry, an outspoken cry to Well, the people did decide when they who are both committed to moving for- please fill the post on the Supreme named President Obama by vote to a ward and prepared to do their job and Court. second term. America didn’t elect vote. Washingtonians, frankly, should President Obama for his second term to b 1645 be proud of their leadership. serve three-quarters of a term. They If only the Senate majority would Madam Speaker, I am here this elected him for a full 4 years. So the also do their job and allow the Senate evening to join in spirit and voice with arguments are weak, if they are even to function, then we can ensure that my colleagues who are urging, request- arguments. the Court is able to reach decisions ing our counterparts in the Senate, ‘‘Do your job’’ is the message that we that will produce the necessary prece- controlled by the Republican Party, to share today on this House floor to the dent we need to resolve many matters move forward on action taken by our other House and to the Republican-con- going forward. President, as he nominated a gen- trolled Senate. Do your job. There is Someday I hope someone from the tleman by the name of Judge Merrick much unfinished business in the high- 10th Congressional District of Wash- Garland to fill the vacancy on the Su- est court of the land. The Supreme ington State is nominated to the high- preme Court. Their recalcitrance seems Court has great unfinished business. To est court in our land. And I fear a kid to strike a common theme of obstruc- render that an eight-member body, from Tacoma known for resolving dis- tionism. where there can be deadlock and vir- putes on the playground or a teenager The Republican-led Congress has em- tual paralysis in the highest court in in Olympia showing a talent for judg- bodied obstructionism over the last the land, is unacceptable. ing policy debates or a law student several years. We see in public opinion Let’s do the people’s business. Let’s from Shelton with their nose in admin- surveys where that has reduced the fill the vacancy on the Supreme Court,

VerDate Sep 11 2014 03:36 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.069 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1843 let’s respect the Constitution, and let’s unless it has got a fully constituted uary 6, 2015, the gentleman from Texas understand that much time was avail- court. (Mr. GOHMERT) is recognized for 60 min- able—is available—to get the work Many Americans look with expecta- utes as the designee of the majority done here to confirm or to reject a tion at this court and hope that certain leader. nominee. Simply do your job and offer kinds of decisions that we have seen Mr. GOHMERT. Madam Speaker, I the gentleman a fair hearing. over the last few years will maybe be am so grateful to my friends across the Mr. CONYERS. I yield to the gen- revisited with some new thinking. aisle for bringing up a subject that has tleman from Maryland (Mr. SARBANES), For example, the Citizens United bothered me for years. whose father honored us by serving on case has unleashed this torrent of out- Having been a State district judge, I the Judiciary Committee when he was side money on our politics, which has was bothered when people would be here. left everyday people feeling locked out nominated for a Federal bench and Mr. SARBANES. I thank the ranking and left out of their own democracy. they wouldn’t get their hearing. Or member for yielding, and I appreciate That wrong-headed ruling has further perhaps like a gentleman named Bork, the opportunity to speak on this im- surrendered our political system to the a gentleman named Clarence Thomas, portant topic of filling the Supreme wealthy and the well connected. they got a hearing, but as Justice The Shelby case gutted certain parts Court vacancy. Thomas properly stated back at the Madam Speaker, many of our col- of the Voting Rights Act and enabled time, it wasn’t so much a hearing as it partisan operatives in State legisla- leagues in this Chamber carry a pocket was a high-tech lynching. tures across the country to come up Constitution—I have got one here my- I am sure all of us have our own per- with new ways to limit access to the self—to remind ourselves of our duty to sonal stories that we are personally ballot box. aware of. I just happen to be one of 435 the country. These are decisions which eventually Article II, section 2, the so-called Ap- who have personal knowledge of per- will be revisited. And we don’t know sonal friends—people who were immi- pointments Clause, is very clear. It how Merrick Garland would come down says that the President shall have the nently qualified and were eventually on those kinds of decisions. That is not confirmed. power to nominate and, by and with the point. We are not prejudging where the advice and consent of the Senate, a rethinking of that kind of jurispru- b 1700 shall appoint ambassadors, other pub- dence would land, but what we are say- One of them was my law school col- lic ministers and consuls, judges of the ing is that it is important that you league, and we served in the same firm Supreme Court. have a fully constituted court to exam- together for a few years, Leonard E. It says ‘‘shall,’’ Madam Speaker. It ine these questions. And the American Davis. He was nominated in 1992 and, doesn’t say ‘‘may.’’ It doesn’t say people have a right to expect that that yes, as my friends across the aisle ‘‘might.’’ It says ‘‘shall.’’ Yet, many of will happen. point out, it was the last of 4 years of our Senate colleagues on the Repub- When I came to this Chamber 10 the George H.W. Bush term, but there lican side—the very same people who years ago, I remember early on there was no reason not to give him a hear- routinely will brandish the Constitu- was a very tough vote and I was going ing. The guy had been editor of the tion as they speak to justify their ac- back and forth whether I should vote Baylor Law Review, a brilliant guy, en- tions—are now ignoring the very plain ‘‘yes’’ or I should vote ‘‘no.’’ And for a gineer by undergraduate training. text of the Constitution. fleeting instant, I thought to myself: And, Madam Speaker, it is really un- MITCH MCCONNELL suggested that the maybe I will just vote present. fortunate, but not only did he not get President should not even have put for- I talked to a couple of my colleagues a hearing in 1992, not only did the Sen- ward a nominee for this vacancy on the and they said: The one reason you are ate Democrats drag their feet and Supreme Court. In other words, he sug- here is to cast a vote. You can’t just refuse to give him a hearing in 1992, he gested the President shouldn’t do the show up and be present. You have got had to wait 10 years for a hearing to job that the Constitution clearly dic- to make a decision. become a Federal judge because the tates he should do. Well, the President And we are not asking Republican Senate Democrats refused to give him decided he was going to do his job. And Members of the Senate to vote for the hearing he deserved and the vote all we are asking is that the Members Judge Garland. We are just asking that he deserved. So he was nominated of the Senate do their job. them to take a vote. We are asking in 1992, and, in 2002—actually, May 9 of If you look at the nominee, Merrick them to hold a hearing to meet the ex- 2002—he was finally confirmed as a Garland, it is hard to imagine a person pectation of the Constitution. Have a Federal judge. better qualified to be on the Supreme hearing, put it to a vote, and let the Now, another law school classmate, Court. Nobody disputes the credentials chips fall where they may. You can’t colleague, was with one of the best of Judge Garland, an accomplished just show up and say: I am present. firms in Houston. He and I entered law Federal prosecutor, a former senior of- To do your job, you have got to show school at the same time. In fact, there ficial at the Department of Justice, the up and vote. That is what we do. We is another justice now that we were all current chief judge of the ever-impor- are legislators. We are not fixing pot- part of the same entering class at holes, we are not managing some bri- tant D.C. Circuit Court of Appeals, and Baylor Law School, and that was An- gade of soldiers. We are here to vote on someone who throughout his career has drew Hanen. been praised by both Democrats and legislation. We are here to vote on Andrew Hanen was nominated to the nominations. That is our job under the Republicans alike. Federal bench in 1992 by George H.W. Constitution. So you can’t not vote and So what is the problem here? What is Bush as President. I didn’t hear any of pretend that you are showing up for the holdup? Why isn’t this vacancy my colleagues that are now here that work. being filled? So, Madam Speaker, I hope and en- were here in 1992 rushing here to the Well, I think the Republicans in the courage and beseech our colleagues on floor and saying: You know what? That Senate are just trying to run out the the Senate side to give Judge Garland Leonard Davis and that Andrew Hanen, clock on President Obama’s term. And a fair hearing, and then bring his nomi- they were at the top of their class. it is not just that they are denying the nation to a vote on the floor of the They are brilliant. They are obviously President the process that he is enti- Senate. That is what the Constitution well qualified, got the highest bar rat- tled to. They are denying the country requires. That is what your job re- ings anybody could get. Everybody what the Constitution says the country quires. likes them. They ought to get their deserves, which is a fully constituted Mr. CONYERS. Madam Speaker, I hearing and they ought to be con- Supreme Court with nine Justices serv- yield back the balance of my time. firmed. 1992, Andrew Hanen was nomi- ing and making important decisions. f nated to the Federal bench, and he fi- The Supreme Court of the United nally got his hearing as a Federal judge States cannot function as it is intended SUPREME COURT NOMINATION in 2002, 10 years later, and he was fi- to unless it has nine members sitting PROCESS nally confirmed on May 9, 2002. on the court. It cannot find its way to The SPEAKER pro tempore. Under So I am so pleased to hear my friends new jurisprudence and new thinking the Speaker’s announced policy of Jan- here in the House complaining about

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So nobody have the Democrats in charge of the would even give Priscilla Owen the de- is more thrilled than I am to have Senate sit on those nominations and cency, just give her a vote, for heaven’s heard, for nearly an hour, my col- sit and sit. sake. leagues across the aisle say, if some- Now, in the case of brilliant Baylor Leonard Davis, it took not only the body is nominated, they need to get a lawyer Priscilla Owen, she made the year of 1992, it took a son of that Presi- hearing, and they need to get a vote. top grade on the State bar exam when dent that nominated Leonard Davis to Now, that brings us up to current it was taken. I recall, I was sitting renominate Leonard Davis before he fi- time, with President Obama having across the table from, now, Justice nally ever got a hearing and a con- been in office over 7 years now. And it Owen, and when I got my grade, I was firmation vote. has been rather interesting, but this thrilled. I made a great grade on the What a lot of people don’t under- administration has set a record. My bar exam. stand, if you are in a major law firm staff cannot find any administration And then people said: You were sit- and you are nominated to the Federal that tops this. ting right across the table from Pris- bench, it wreaks absolute havoc on the There have been 11 decisions in a 4- cilla. She made the high grade on the life of the nominee because not only do year period by the United States Su- bar. Do you not even cheat at all? they fill out massive pages of applica- preme Court where all nine Judges Well, the answer is no, I don’t cheat. tion forms, but they also undergo an unanimously said the Obama adminis- And I was thrilled with the grade I got. FBI, thorough scrutiny that the Senate tration has vastly overreached what But Priscilla made the top grade in the gets. they were doing, and they struck down entire State on the bar exam. Then something that is not reported, the action unanimously. This Court, She had been a member of the Texas but I know from having talked to these four very liberal judges, and they, 11 Supreme Court, eminently qualified, attorneys who were nominated for the times in about 4 years, struck down, obviously brilliant, and she was nomi- Federal bench and then were put on unanimously, effort after effort by this nated to be a Federal judge by George hold for years and years: When you are administration. W. Bush, the first time, May 9 of 2001. nominated for a Federal bench and you b 1715 After her hearing, a wait. She was are in a major firm, you have got tons nominated May 9 of 2001, and she never of clients. They are coming to you with In fact, it is apparently a record that, got a hearing on that nomination. She their business. You are bringing in lots in 4 years, this administration was was nominated again September 4 of of money for the firm, and you are struck down 23 times. They weren’t all 2001. She finally got a hearing July of bringing home a great deal of money unanimous. They were before Justice 2002. because you are very successful be- Scalia’s death. She was eminently qualified, abso- cause, with your experience, people But to have your work as President, lutely brilliant. According to the Texas trust your experience. But the minute along with those under you that you bar exam, she was the smartest lawyer you get nominated to the Federal were ordering to do as you tell them taking the bar exam in Texas that bench, you life goes into chaos because and to follow your policies and your month of that year we took the bar. It the people at your firm are not going guidelines, to be struck down 23 times was only given three times a year. I to send you over any cases that they in 4 years—and that is like 2010 or 2011 think it may just be given twice now. need help on. Clients are no longer through 2014, is my understanding. It was given three times a year. On our going to come to you because they So cases since then I am sure will add bar exam, she was the smartest lawyer know you have been nominated for the to the record of the Obama administra- in the room. Federal bench, and so you are not get- tion. Perhaps now that Justice Scalia I would have to tip my hat; as well as ting the work anymore. Your produc- has passed, it may enable the Obama I did, she was a little smarter than I tion falls off dramatically. Who suffers administration to get through these was—smart, able lawyer and justice. then? You do; your family does. last months without racking up too So, over a year after she was first So when someone like Andy Hanen, many more overrulings by the Supreme nominated, July of 2002, she gets a Andrew Hanen, was nominated to the Court. hearing. Three years later, she was bench and it took so long to get a hear- But it tells you the mindset of this never given a vote. ing, it cost him a lot of money. It cost administration: We are going to violate Now, I was thrilled to hear from my his firm a lot of money. the Constitution. colleague across the aisle that 67 days When Priscilla Owen, sitting on the Even the tremendously liberal judges is the average wait, from the nomina- Texas Supreme Court, is nominated to on the Supreme Court, those four, tion to confirmation, since the 1970s. the Federal bench and the Senate come back and say: Eleven times, real- So how is it, when a brilliant man or Democrats prevent her from getting a ly, you have gone so far beyond what women is nominated by George H.W. vote that she deserves for over 4 the Constitution allows. Even for us Bush or George W. Bush, they run into years—whether they are Democrats or liberals you have gone way too far. We this kind of wall from the Democrats? Republicans on the Texas Supreme have got to reel you in. You just can’t Even when the Republicans had the Court, they are smart people, gen- keep pushing that far. majority in the Senate, they didn’t erally. Every now and then a ringer So would it be a surprise when an ad- have 60, and the Democrats were able gets on there, but most of them are ministration makes a nomination in to hold up and prevent a vote on some- very smart. the last months, especially since the one as eminently qualified as Priscilla They know if you have been nomi- head of that administration as a Sen- Owen. nated to the Federal bench that you ator basically supported the idea that So, nominated 2001, her 67 days were could go to the Federal bench any day. you can’t even make a nomination in up, and she didn’t have a hearing, and You could go to the Federal bench in 67 the last year of your Presidency? didn’t have a hearing for over a year, days, according to my Democratic col- His Vice President, when he was Sen- and then years go by. January of 2005 leagues, after you are nominated. So ator JOE BIDEN—they were all for stop- comes and goes, and she had gone an why would they have you write any ping any nomination the last year of a entire almost 4 years without the Sen- major opinions when you could be at President. So maybe when they were ate Democrats giving her a chance to appellate level, the Fifth Circuit Court Senators they weren’t always wrong. have a vote—nearly 4 years, and they of Appeals, before you will have time Perhaps when they were saying that wouldn’t give her a vote. to really dig into the appellate case? it was a terrible idea for a President to So, February 14, right after George So you go month after month, year make a nomination in the last year W. Bush took the oath of office again after year, without being allowed to shouldn’t even be given any consider- for a second term, 4 years, nearly 4 preside and write a majority opinion on ation. Maybe like a broken clock is

VerDate Sep 11 2014 03:36 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.073 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1845 right twice a day—maybe that is one of face of President Obama’s Iran deal— until after the Iranian deal could be those times—well, they were right on the Joint Comprehensive Plan of Ac- made—it wasn’t confirmed. It is not a that one. tion.’’ legitimate treaty—but at least squeak I would not submit that that should Mr. McCarthy points out the text of through without the two-thirds of the always be the rule. I would not argue the JCPOA, the Joint Comprehensive Senate being opposed, which is not the that, as President Obama and Vice Plan of Action. That is the Iran treaty. treatment treaties are supposed to get, President BIDEN were pushing, they It really was a treaty because you can- according to the Constitution. But that shouldn’t give a hearing to George W. not amend a treaty the way this one doesn’t keep some folks from acting Bush’s nominations in the last year. I amended prior treaties unless it is a unconstitutionally. wouldn’t push that far. treaty. So, anyway, it turns out the Obama But I would submit that, when an ad- The difference is the Senate leader- administration encouraged the Justice ministration is setting records for ship couldn’t work up the courage to Department to sit on those charges. being the most unconstitutional ad- bring it to the floor as the treaty it They knew Iran had people hacking ministration in history, then perhaps was so that a two-thirds vote would not into our system. It had to be govern- in their case it merits slowing down a be able to be reached, it would not be ment sanctioned. You don’t do that in little bit before you allow them to con- confirmed, and it could have been Iran without government permission. tribute anymore to unconstitutional stopped dead in its tracks if it had been This administration knew about bal- actions. brought to the floor. listic missile testing that violated all Because those who studied modern This is such a powerful, important kinds of things; yet, this administra- history, going back to World War II issue, unlike some that Majority Lead- tion we knew. and pre-World War II, we know that er REID set aside the cloture rule to And some of us said right here on President Franklin Roosevelt didn’t bring to the floor without a cloture this floor that there will be violations like the way the Supreme Court was vote. and this administration will have to ruling; so, he was threatening to get This is something that will affect and turn their head and act like they don’t the number added from 9 to 15. He could bring about the end of millions of really see the violations because they would appoint 6 and then he could get lives, and that is the largest supporter twisted so many arms and did so many them to do what he wanted. It had the of terrorism in the world getting their deals to try to get the Iran treaty desired effect upon the Supreme Court. hands on $100 to $150 billion. That is treated as if it is a treaty without the They started ruling the things he just the first year. confirmation that they could not af- wanted were not unconstitutional. They could get $100 billion a year ford for people to know how blatantly This is also the Democratic adminis- after that, but also getting the green Iran leaders were violating their agree- tration that ordered the interment of light to go ahead and move forward ments. people just because of what they with the nuclear work that they are This article from Mr. McCarthy goes looked like and where they were from. doing. And the administration may on: ‘‘. . . the text of the JCPOA ex- No Republican has ever done that, but allow them or help them to move pressly indulges Iran’s position that it Franklin Roosevelt did. With this administration 23 times along, as the Clinton administration will ‘cease performing [its] commit- having their actions struck down, 11 did for the North Koreans. ments’ under the deal if it deems the You may recall, Mr. Speaker, the times unanimous, that record, perhaps sanctions to have been ‘reinstated in North Koreans struck a deal with it is an indication that we should hold whole of part.’ That threat should only up. Wendy Sherman, who helped out on the relate to sanctions on Iran’s nuclear Our friend Andrew McCarthy, today Iranian deal, and President Clinton—I program, but—as the Obama adminis- with pjmedia.com, has an article. I know this is a shorthand rendition—ba- tration well knew—many of the sanc- want to read from part of that article. sically, in effect, said: Hey, North tions against significant Iranian enti- His title is: As Primary Campaigns Korea, if you will just sign saying you ties (e.g., the National Iranian Oil Roll on, Obama Shreds Constitutional won’t use what we give you to develop Company and Bank Melli) are based on Governance. nuclear weapons, we will build you a activities in addition to support for the He says: ‘‘Two cases in point: Presi- nuclear power plant. We will give you nuclear program. dent Obama’s pressure on the states to everything you need for nuclear weap- ‘‘Moreover, Iran has publicly an- drop sanctions against Iran, and his ons if you will just sign saying you nounced that it interprets the continuing scheme to dictate immigra- won’t develop nuclear weapons. JCPOA’’—the Iran treaty we will call tion law unilaterally.’’ Of course, thinking people knew what it—‘‘as a sweeping eradication of sanc- Mr. McCarthy, who was the pros- would happen, and it did happen just as tions related both to various non-nu- ecutor that did a fabulous job in pros- thinking people knew it would. You clear activities (e.g., other weapons ecuting the bombers of the first World couldn’t trust the leader of North and ballistic missiles) and to sectors of Trade Center bombing from back in Korea. They took the materials that its economy sanctioned due to activi- 1993, says this in his article: ‘‘The in- were provided for power plants. ties beyond support for the nuclear valuable Omri Ceren (citing a They developed nuclear weapons. And program. Bloomberg View report) alerts us that now this administration has to be con- ‘‘Against that backdrop, the JCPOA the State Department has sent moni- stantly concerned about what North also purports to oblige the Federal tory letters to the governors of all fifty Korea is doing because they have nu- Government to use ‘all available au- states ‘suggesting’ that they review clear weapons. thorities’ [to eliminate any] law at the any sanctions imposed against Iran. They wanted to help Iran all because State or local level [that] is preventing Over half the states have such sanc- of the deal that Wendy Sherman helped the implementation of sanctions lifting tions, targeting not only Iran’s nuclear do back during the Clinton administra- as specified in this JCPOA.’ ’’ work but the regime’s other weapons tion and now she helped make happen That is amazing. The administration work, (e.g., ballistic missiles), terror with Iran. So they were able to keep makes a deal that they are willing to promotion, human rights abuses, de- working as they thought. sign a deal with Iran that violates our tention of Americans, etc. Then we found out more recently, in own Constitution. ‘‘Explains Mark Dubowitz of the just recent weeks, that, actually, the They have no right to dictate laws to Foundation for Defense of Democ- Department of Justice and this Presi- State and local authorities, but they racies: ‘[These sanctions] are an essen- dent’s administration—surely had to apparently signed a deal with Iran that tial part of the non-nuclear sanctions include the White House—knew that they would dictate State and local law. architecture designed to both deter Ira- Iranians had hacked into our system ‘‘This is a foreign relations matter. nian illicit behavior and to safeguard here. So why does the Iran deal commit pension funds from the risk associated They were charged with hacking into Washington merely to ‘encourage’ and with entering Iran’s economy.’ the system, but, according to recent re- otherwise try to persuade state and ‘‘Alas, any counter-Iranian measure ports, the Justice Department was local officials to honor the deal’s with real teeth is certain to fly in the talked into holding up on the charges terms? Because, for all its bluster

VerDate Sep 11 2014 06:21 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.075 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1846 CONGRESSIONAL RECORD — HOUSE April 19, 2016 about domestic and international law, nal ‘transnational’ gangs, especially in Having been there in the last few the administration knows this deal has high schools. Members of MS–13 and weeks, spending nights and days down no legal standing. 18th Street gangs have become influen- there on the border, on the river, aside ‘‘Plainly, the President is trying to tial in the schools and county. the river—and I do mean all hours of muscle his way through the inconven- ‘Transnational alien gangs are struc- the day and night—you see these ience that the JCPOA is merely an ex- tured criminal enterprises involved in things firsthand. You see little bitty ecutive agreement. It is not a legally drug and human trafficking, crimes of children. The Border Patrol are told enforceable treaty, nor is it supported violence over turf, retaliation, money they came unaccompanied. There is no by any legislation that would bind the laundering, and other serious crime. As way these little children came unac- states. these gangs are recruiting locally and companied across a river flowing that ‘‘Obama is willing it to work through increasing in number, so does the asso- fast and that deep. Some of them al- sheer extra-legal executive power.’’ ciated crime within communities,’ said leged to have come from Central Amer- The article goes on. It is a good arti- Jenkins. ica. Over a thousand miles they jour- cle. But, then again, when we look at ‘‘He gave details on the crimes by im- neyed unaccompanied? That is garbage. the record-setting slaps at this Admin- migrant gangs in his county: It is like border patrolmen have told istration’s overreach in violation of the ‘‘There are over 75 active known vali- me—one in particular, he said: I am Constitution, 11 unanimous decisions dated transnational criminal gang Hispanic. I speak better Spanish than in 4 years or so and 23 reversals by the members in Frederick County, many most of them. Ninety percent of the Supreme Court in such a short period more suspected of gang affiliation. We time when they tell me they came to of time—4 or 5 years—these are also believe that MS–13 and 18th Street escape gang violence, I will hit them records—have that many reversals in alien gangs are recruiting, locally, in up: You may convince some gringo of such a short time that it bears great our schools, in the region, and out of that, but you and I both know you paid scrutiny when an administration set- the country. a gang to bring you in to the United ting records for violating the Constitu- ‘‘Of the 52 validated criminal alien States. And he said—90 percent of the tion says: Right before we go out, we gang members identified since 2008, 25 time the response is—Well, that is want to get this person onto the Su- of the 52, 48 percent, were identified true, but we were told to say we were preme Court because we have some since late 2014. fleeing gang violence. other stuff that is still going to be ‘‘Eighteen of the 25, 72 percent, gang As other border patrolmen have told ruled on by the Supreme Court after we members encountered since 2014 have me down there, there is not one inch of are gone and we want some of that been charged with felonies. our southern border that isn’t consid- stuff that may be unconstitutional, ‘‘Seven of 11, 64 percent, of the crimi- ered the jurisdiction of some drug car- like the 23 times the Supreme Court nal alien gang members encountered in tel, some drug lord. And if you cross said they were, struck down things— 2015 were unaccompanied juveniles within that sector without getting per- they want those upheld in the future. when they entered the U.S. and eventu- mission or properly paying, making It seems like these are good reasons ally located to Frederick County, sure the drug lord or the drug cartel is for the Senate to be very careful, much Maryland. Now they are adults com- satisfied with your payment, then you more so than they were about the Iran mitting serious felonies. will be sought and found and either treaty. ‘‘Crimes committed include five oc- killed or be forced to provide services There is an article from Paul Bedard: currences of attempted first and second until your debt is paid. ‘‘Obama’s Open-Door Immigration Pol- degree murder, armed robbery, first de- That is why it is staggering when icy Blamed for Surge in Rural Gang gree assault, home invasion, armed people down on the border, having Crime.’’ carjacking, kidnapping, use of a fire- come across illegally, are asked about arm in the commission of a violent fel- how much they paid. It is not part of b 1730 ony, carrying concealed deadly weap- the required questions, but some of our ‘‘A rural Maryland sheriff on Tues- ons. Border Patrol are really wanting to day blamed’’—and this is Maryland. ‘‘In 2014, eight criminal aliens know what is the going rate here for This isn’t Texas. It is not Arizona. charged with rape and sexual assault of this sector: For people like you from ‘‘A rural Maryland sheriff on Tues- children ages 5 to 14, with two of the the country you came from, what are day blamed President Obama’s open- girls impregnated. they charging you? And you get dif- door immigration policy for a surge in ‘‘One of my deputies was the victim ferent answers: $5,000, $6,000, $7,000, gangland crime that included a retalia- of an unprovoked physical attack/as- $8,000, maybe $10,000 for a group. tion murder and assault on an officer sault with an MS–13 gang member The response comes back: How in the doing paperwork in his cruiser. while sitting in his cruiser doing paper- world could you have come up with ‘‘ ‘Case-by-case amnesty, backdoor work. that much money? The resulting an- amnesty, DACA programs, and the ‘‘The U.S. District Court recently in- swer is: Well, they said I could work it DREAM Act were pushed through by dicted a known alien gang member for off when I get to the U.S. city where I executive order,’ said Frederick Coun- involvement in a 2013 MS–13 hired kill- am going. ty Sheriff Charles Jenkins. ing in Frederick. The victim in the You know they have agreed to work ‘‘ ‘Policy shifts by President Obama killing fled El Salvador to live in Fred- for a drug cartel, for a gang, for MS–13, weakened and ruined secure commu- erick because of an MS–13 hit for him for 18th Street. And it is not just along nities, and did not allow action by ICE there, but the hit order carried to a the Texas border, as we have seen from when sheriffs and police departments local MS–13 clique. The victim was Frederick, Maryland, it is all over the ignored detainers, allowing criminals lured to a wooded area where he was country. People have agreed to provide to be released back on the streets. In shot in the head and stabbed to death. the services. effect, criminal aliens that should have ‘‘The growing alien gang problem has As I have pointed out here before, been deported have been allowed to re- spread into one high school where Border Patrol says: The drug cartels, main and commit more serious crimes, fights and violence between MS–13 And the gangs in Mexico, call us their logis- becoming violent offenders,’ he told 18th Street are routine.’’ tics because they know under this ad- the House Judiciary Committee prob- That goes back to this important ministration, if they just get somebody ing the criminal impact of illegals in point about this administration’s urg- across the border, across the Rio the United States. ing and luring people into the United Grande, get them across illegally, then ‘‘He was joined by family members of States illegally by talking about the we become their logistics and we ship victims of illegal immigrant crime, a amnesty, talking about legal status. them wherever they want to go. surging issue around the Nation as And as has been made clear by Border They tell us: We have got an address, Obama’s policies allow more unauthor- Patrol, when anyone in Washington, or I have got a family member here, a ized aliens to leave jail and remain in whatever party, either House or Sen- family member there, or somebody the country. ate, talk about legal status or am- that I have agreed to take care of me. ‘‘Frederick is north of Washington, nesty, it creates a surge across our They don’t say it, but it sounds like D.C., but has become a haven for crimi- southern border. it could also mean: The drug cartel

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And media accounts that were hacked by it off? for individuals, there is no better place Iran: ‘‘ ‘The surge has led American of- Is it any wonder that so many of the to start than within the Golden Rule: ficials to a stark conclusion: For Iran, crimes in America are being com- Do unto others as you would have them cyberespionage—with the power it mitted by people who have come into do unto you. But when you are acting gives the Iranians to jab at the United the country illegally? as part of the government and you States and its neighbors without pro- We know that most people coming in refuse to do what the Bible says, and voking a military response—is becom- illegally are not violent criminals. I that is show no partiality to those be- ing a tool to seek the kind of influence got that. We have that. We understand cause they are rich, show no partiality that some hard-liners in Iran may have that, but when people come into the because someone is poor or unfortu- hoped its nuclear program would even- country illegally—and, by the way, for nate, you apply justice across the tually provide,’ The New York Times those that have not noticed, they are board. That is the ultimate good gov- reports.’’ not in the shadows. I know there were ernment. We have this report from December a few in the shadows under the trees of 2015—4 short months ago: ‘‘Iranian b 1745 because it got hot out there in front of hackers infiltrated a small New York the Supreme Court, but most were out You provide justice. You see that the dam in 2013 in a previously undisclosed in front of the Supreme Court. rule of law is equally enforced across incident, according to The Wall Street They are not in the shadows. People the board. Journal.’’ keep saying we have got to bring them Again, as this administration is try- This is an article by Katie Bo Wil- out of the shadows. Well, start looking. ing to stack the Supreme Court while liams from The Hill, and this was De- They are not in the shadows. In fact, on its way out, after setting a record cember 21: ‘‘Investigators said that the we had a group come to some offices for being found to be the most uncon- hackers didn’t take control of the sys- here in the Capitol. They are not in the stitutional in the shortest time, this tem but were probing its defenses.’’ shadows. They are coming right in the article from today is entitled: ‘‘Obama The White House knew about it. office and demanding that we legalize Administration Unsure if Iran Spent $3 They knew about the intrusion into those of them who have come in ille- Billion in New Cash on Terrorism.’’ It New York’s system. So people are won- gally. is an article about the Obama adminis- dering: How could people support Don- The problem is—and this is the big- tration, with the complicity of Sec- ald Trump? New York got hacked by gest problem—when the brightest hope retary of State Kerry, making sure Iran, and this administration has done in the world as a Nation, which once Iran gets $100 billion to $150 billion. nothing about it but try to defend Iran was the freest Nation in the world, The article reads: ‘‘Obama adminis- from having the money cut that they have said they will use for terrorism. once was the freest Nation in the his- tration officials disclosed Tuesday that So is it any wonder New Yorkers are tory of the world, now international Iran has been granted access to about thinking: Well, here is a guy who says polls say we are not, but we have been $3 billion in unfrozen assets in the he is going to completely stop this the freest Nation, but when the freest months since the nuclear agreement kind of activity with radical Islamic Nation stops trying to apply the law was implemented, but it remains un- groups? Sure. Of course, people will equally across the board, then we be- clear to the administration if the Is- lamic Republic has spent any of this vote for a person who will say that. come like the countries these poor, un- Here is an article from January 25, money to fund its global terrorism en- fortunate individuals fled because their 2015: ‘‘Five Ways Iran is Cheating on terprise.’’ country did not apply the rule of law the Interim Nuclear ‘Deal.’ ’’ That was We know, Mr. Speaker, in having lis- equally. It depended on who you were, the interim deal. It goes on and sets tened to the Iranian leaders—while this how much you could pay, or what you out how they have been cheating. could do for them. We become like the administration was saying: Oh, yes, we Here is an article from December 16, countries they had to flee, and there is have got to abide by this Iranian deal— 2015: ‘‘Iran’s October Missile Test Vio- nowhere left for people holding out the Iranian leaders were assuring their lated U.N. Ban.’’ That was the conclu- hope for one place in the world where people: We are not abiding by anything sion of an expert panel, according to they can come and be free. It is gone. that the United States tells us to do. this reuters.com story by Louis I have had people even in Congress We are still doing everything we intend Charbonneau. It reads: ‘‘Iran violated a say: Louie, if it gets too bad, we will to do. We are not going to be restrained U.N. Security Council resolution in Oc- just pack up and go to Australia. by any agreement with the United tober by test-firing a missile capable of When I told that to some Australians States. delivering a nuclear warhead.’’ Yet this in January, none of them smiled. They They announced in Iran: We are administration did not see that as any said: If something happens to United going to be able to provide more finan- reason to slow down rushing the $100 States’ freedom, China will take us cial support once we get the $100 billion billion to $150 billion that they had over instantly; you won’t have us to to $150 billion more support for ter- coming to Iran. come to. rorist groups—Hamas and Hezbollah. This article from Katie Pavlich If something happens to the United They told us. reads: ‘‘White House: Likely Iran Vio- States and we continue to damage our- Now the administration, this week, is lated U.N. Sanctions with Missile Test, selves the way Europe has damaged saying: Gee, we can’t be sure they but They’ll Uphold Nuclear Agree- itself, there isn’t going to be any place didn’t use some or all of this money— ment.’’ else left to go. That is what the west who knows?—on terrorism. They quote She quotes from White House Press Africans told me 3 or 4 years ago. They State Department spokesman John Secretary Josh Earnest: ‘‘Despite the said: You have got to tell people in Kirby as saying: ‘‘We don’t know. We likely violation, Earnest stressed that Washington—you know, as thrilled as don’t have a way.’’ the White House believes the Iranian we were when you elected your first When an administration, like the regime will uphold its obligations to Black President, we have seen you get- leaders of Iran, lie and lie and are re- the recently made nuclear agreement.’’ ting weaker and weaker, you’re not sponsible for providing more terrorism Amazing, because it turned out they standing up like you used to. and more death and destruction in the already knew that Iran had been hack- We are Christians. We are going to world than any other country—the ing our government Web sites and our heaven when we die, but our only hope largest supporter of terrorism in the government Internet. They had charges of a life of peace in this world is if world—and when they tell you they are held up so that it wouldn’t stop what America is strong. When we weaken going to take money you give them we now know is an executive agree- the rule of law, when we have a Presi- and spend it on terrorism, that may be ment acting like a treaty.

VerDate Sep 11 2014 03:36 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.077 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1848 CONGRESSIONAL RECORD — HOUSE April 19, 2016 They are still doing it. Some of us There are plenty of good reasons to More than 20 items in the report have said they would have to. They have wait for a different nominee for the Su- become law or have been implemented bent over so far backwards to get an preme Court. We won’t even make by an executive agency. agreement with the largest state sup- them wait 10 years like the Democrats This represents not just a plan but porter of terrorism in the world that, in the Senate made my friends. We tangible progress. Today, we will share once Iran continued to violate even to won’t make them wait 4 or 5 years as what that means for growing the econ- the point of taking our sailors pris- Senate Democrats did my friends be- omy in every town and city in America oner, violating the Geneva Convention fore they would give them a confirma- and for helping hardworking Ameri- rules on prisoners—humiliating the tion. In setting records for unconsti- cans thrive in the changing global prisoners—not only did this adminis- tutionality in such a short time, it economy. tration not send more Navy forces to bears our being diligent when the ad- Federal funding for research and de- take back the Navy sailors who were ministration is not. People’s lives are velopment has been on a downward imprisoned, but it gushed about how at stake. They have already been lost. trend for the past several decades. wonderful Iran was to take charge of More are at stake. We have got to Today, the Federal Government spends our sailors as the videos emerged— stand up. almost two-thirds less on research and mocking America as they treated our Mr. Speaker, I yield back the balance development than it did in 1965 as a Navy sailors as just trash. of my time. portion of discretionary spending. The Then we get this story by Bradley The SPEAKER pro tempore (Mr. lack of funding has led to a $1.5 trillion Klapper: ‘‘U.S. Considers Easing Ban MACARTHUR). Members are reminded to investment deficit, and a growing num- on Dollars to Help Iran.’’ refrain from engaging in personalities ber of America’s best young research- This administration wants to turn toward Members of the Senate and to ers are taking their talents to other in- around and give Iran—the largest state refrain from engaging in personalities dustries and to other countries. supporter of terrorism—access to our toward the President, including by re- b 1800 dollars. Apparently, that would mean peating extraneous material that access to Internet sites, to bank sites would be improper if spoken in the We need to reinvest in our young re- when they know they have been hack- Member’s own words. searchers to remain globally competi- ing us. They are trying to figure out tive. f ways to bring down the United States, On that subject, I yield to the gen- and now this administration wants to AMERICAN PROSPERITY AGENDA tleman from Washington (Mr. KILMER). help them to show how good of friends The SPEAKER pro tempore. Under Mr. KILMER. Mr. Speaker, the date we can be? That is like trying to con- the Speaker’s announced policy of Jan- was October 4, 1957, and the time was vince a bully on the playground that uary 6, 2015, the Chair recognizes the 7:28 p.m. when the Soviet Union you will keep giving him money be- gentleman from California (Mr. launched Sputnik 1. It was a wake-up cause you are his dear friend. He will PETERS) for 30 minutes. call to the United States, and it was keep taking your money, but he will GENERAL LEAVE perceived as an existential threat. never see you as a friend. Not only does Mr. PETERS. Mr. Speaker, I ask The reaction to that was a focus by he not see you as a friend, but the more unanimous consent that all Members our Federal Government on national you give him, the more contempt he have 5 legislative days to revise and ex- research, on basic research to drive in- has for you as a coward. novation, to step up to that perception This article today from Caroline May tend their remarks and to include ex- traneous material on the subject of my of threat. The outcome of that was ex- reads: ‘‘Mother of Daughter Killed by traordinary scientific breakthroughs. I Illegal: His Bail was ‘Less Than it Cost Special Order. The SPEAKER pro tempore. Is there often point to the cell phone in my to Bury My Baby.’ ’’ pocket. ‘‘The mother of a recent college grad- objection to the request of the gen- A lot of the technologies in that cell uate, who was killed by an illegal im- tleman from California? phone, from the lithium battery that migrant who later absconded after There was no objection. powers it, to the touch screen that al- posting bail and remains at large, of- Mr. PETERS. Mr. Speaker, Ameri- lows me to navigate on it, to the Inter- fered emotional testimony Tuesday be- cans have seen a change in our econ- net that helps me find a delicious Chi- fore a House panel. omy firsthand and are concerned about ‘‘Michelle Root, the mother of 21- what it means for their place in a new nese restaurant to go have dinner, to year-old Sarah Root, spoke about the economy. We can’t stop the forces that the GPS system that helps me navigate devastation of losing her daughter at are transforming our economy and our my way to that restaurant—all of the hands of Eswin Mejia, an illegal world, but we can and we must look to those innovations, the basic research immigrant who killed Root while the future to find the solutions that behind it was funded by the exact same street racing drunk.’’ This is different adapt to this new economy. We can’t venture capitalist, Uncle Sam. from the story we talked about yester- live in the past. This means boosting Part of the American Prosperity day. ‘‘Mejia was able to flee when Im- the creation of high-quality jobs by Agenda that the New Democrat Coali- migration and Customs Enforcement lowering barriers for small businesses tion has put forward is focused on re- declined to detain him, and he was able to succeed and investing in infrastruc- doubling our investment in basic re- to post bail. ture and research. It also means giving search, because the reality is that we ‘‘ ‘Eswin spent 4 days in jail and is be- Americans the skills to work the jobs don’t have Sputnik being launched by lieved to have fled the country,’ of the future that are being created. the former Soviet Union. Michelle Root said. ‘He posted $5,000 In March 2015, the New Democrat Co- The reality is we face a Sputnik mo- bond, which was less than the cost it alition released Winning the Future, ment every single day with the threat was to bury my daughter Sarah. Be- which outlines how we can grow our of new innovation happening some- cause of the lack of controls, the po- economy, preserve the American place else and jobs being created some- lice, immigration, U.S. Marshals, and Dream, and make government work place else. law enforcement have little or no infor- better for the people. You heard my friend suggest that re- mation on his whereabouts.’ The principles presented in the agen- search and development, as a percent- ‘‘ ‘Eswin was not a stranger to law da and report represent ideas that any- age of gross domestic product since the enforcement and failed to honor his one—Democrat, Republican, Inde- early 1960s, has declined by nearly two- legal obligations for minor traffic in- pendent—can support. The recently re- thirds just in these last four decades. fractions prior to killing my daughter. leased report consists of 200 legislative In contrast, you have seen China sub- Now a failed local judicial system that actions, including items for every one stantially increase its investment in set his bail too low, coupled with of our Members. More than 57 percent higher education. In fact, according to flawed Obama administration policies, of those bills—110 in total—are bipar- the National Science Board, by 2022, have rewarded the illegal and punished tisan, and more than 30 bills have ad- China will invest more in research and my family and hampered law enforce- vanced through a committee of the development than the United States of ment in their investigations.’ ’’ House or through the House as a whole. America.

VerDate Sep 11 2014 03:36 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.079 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1849 China has now surpassed the United create high-quality jobs, and to protect one such effort to modernize and States as the world’s largest exporter our environment. streamline the United States visa sys- of high technology. So every single day Last year New Dems helped to extend tem. we are facing a Sputnik moment. tax credits for the investment in pro- Together, New Dems have advocated And the reality is, while the 20th cen- duction of solar and wind power. This for a comprehensive solution that in- tury was defined by an arms race and a will drive an estimated $70 billion in cludes an earned path to citizenship race for military might, the 21st cen- private sector investment in wind and and improved border security. tury race is for brains and for research solar energy. This is supported by groups from and development. The wind and solar that will get built across the spectrum and will grow the So that downward trajectory of in- as a result of this investment will re- economy, create good jobs, and reduce vestment in Federal research is some- duce emissions the equivalent of tak- the budget deficit by $200 billion and thing that, as part of the New Demo- ing every American car off the road for the debt in the first decade alone. crats’ American Prosperity Agenda, we 2 years. I yield to the gentleman from Wash- are seeking to stem. We want to revi- New Democrats have put forward ington State (Mr. KILMER). talize investment in basic research and proposals to invest in alternative en- Mr. KILMER. Mr. Speaker, I want to reauthorize what was known as the ergy research in the military and fur- speak further to some of the issues and America COMPETES Act, which was ther expand the deployment of clean ideas laid out in the New Democrat passed by this body in a bipartisan energy across the country. Coalition’s American Prosperity Agen- form less than a decade ago. New Democrats are working to move da. That came out of a report by The Na- the country forward to a clean energy I think one of the things I appreciate tional Academies called ‘‘Rising Above economy that gives our children a bet- about the approach is it understands the Gathering Storm’’ that suggested ter chance at a future with cleaner air, that there is not a silver bullet to get- that, if the United States was going to cleaner water, and economic pros- ting this economy moving again. It is compete as a Nation, we had to signifi- perity. more like silver buckshot. cantly increase America’s investment The Harvard Business School’s Frankly, there is a whole bunch of in research and development. Unfortu- United States Competitiveness Project things that we have to do to get our nately, since the passage of that act, outlines eight actions it recommends economy ready for success in the 21st you have not seen Congress keep up that Congress take to make America century and have it be an economy with that. the most economically competitive that works for everybody. On the wall of my office and on the place in the world to do business, not One of the things when I am home in wall of the office where I worked when just to raise corporate profits, but to Washington State that I hear quite a I worked in economic development pro- increase wages for working people bit about is adequate investment in our fessionally, we had a sign up that said: across America. roads and our bridges and our basic in- We are competing with everyone, ev- Among those eight steps, which in- frastructure, everything from transpor- erywhere, every day forever. clude immigration reform, responsible tation infrastructure to energy infra- That is true not just when you look Federal budgeting, simplification of structure. I know this is not always the at folks working in local economic de- Federal regulation, and investing in in- most exciting subject. velopment in Tacoma, Washington. It frastructure and research, is tax re- I have often pointed out that infra- is true with regard to our Nation form. structure is a Latin word, ‘‘structure’’ today. We are in a global competition. A modern Tax Code for the United meaning structure and ‘‘infra’’ mean- Steve Jobs before he passed said: ‘‘In- States should foster business develop- ing boring, but it is actually incredibly novation distinguishes between a lead- ment and innovation, support hard- important. er and follower.’’ I think it is impor- working families, and create opportu- We know that when we saw a bridge tant that the United States maintains nities for Americans to prosper in a actually go down on Interstate 5 over its economic leadership and its leader- 21st century economy. the Skagit River just a couple of years ship in innovation. The current Tax Code is a com- ago. Lord knows, there are extraordinary plicated collection of outdated provi- We know that when, in many parts of challenges that still need to be tack- sions riddled with loopholes in serious my State and, frankly, in many parts led. Climate change could be 2016’s need of comprehensive overhaul. of this country, speed limit signs are Sputnik moment. Investing in break- New Democrats have advocated for only there for nostalgic purposes be- throughs in green technology. Increas- comprehensive tax reform while put- cause we are simply sitting in traffic ing energy independence. ting forward commonsense proposals to and not able to get our goods to mar- Not only will those innovations lead fix some of the most critical provisions ket. to solving our world’s problems, they in our Tax Code. So the New Democrat Coalition has will create jobs here in the United This includes Chairman RON KIND’s called for an approach to modernizing States of America. proposal to promote American manu- our roads and bridges, but also modern- Paul Otellini, who was the former facturing and Representative PATRICK izing our communications networks CEO of Intel, said: Without raising our MURPHY’s proposal to spur investment and our power grid to help drive eco- game in Federal research, the next big in startups. nomic growth and make it easier for thing won’t be invented here and the New Democrats are working to re- everyone to do business in the United jobs associated with that innovation form our Tax Code and make America States. won’t be created here. the most competitive place in the The reality is there are too many I think we can do better, I think we world to do business. parts of this country where it is either need to do better, and I think the With more than 11 million immi- too difficult to get goods to market or, American Prosperity Agenda that the grants forced to live in the shadows in a 21st century economy where one of New Democrat Coalition has put for- and countless other waiting in line out- the most important ways of connecting ward suggests a better path. side the United States, it is clear people is through technology, where Mr. PETERS. Mr. Speaker, I thank America needs bipartisan comprehen- people simply lack access to high-speed Mr. KILMER for his leadership on this sive immigration reform. Internet. and for coming to join us today. As long as Congress continues to I represent an area where about a Speaking of climate change and delay action on comprehensive reform, third of the district I represent is rural those kinds of issues, front and center the United States continues to lose out and we continue to see folks who don’t in the changing economy in this decade on top talent from around the world, have access to high-speed Internet. is a fundamental shift in the way that our economy suffers as bright minds go It makes it much more difficult to we provide power for our economy. elsewhere, and families remain sepa- start a business or for students to do It is time to fully embrace the transi- rated. research on a project. As a con- tion to a clean energy economy to re- I have worked with New Democrat sequence, it makes it much more dif- duce our alliance on foreign fuels, to Coalition member JOAQUIN CASTRO on ficult for our country to compete.

VerDate Sep 11 2014 03:36 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.081 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE H1850 CONGRESSIONAL RECORD — HOUSE April 19, 2016 It is why the American Prosperity the most economically competitive They informed her that her daughter Agenda calls for a new approach of place in the world to do business, not had been drinking in a car with her making smart investments in that just to raise corporate profits, but to boyfriend, and they needed to take her basic infrastructure. increase wages for working people home. She was shaken up a bit, so was I actually wanted to speak to one across America. the daughter, but everybody ended that more issue that is part of the American Those include New Democrat prior- night alive. Prosperity Agenda. That is a focus on ities like tax reform, responsible Fed- Now I want to tell you a different small-business ownership, and there eral budgeting, simplifying Federal story. It didn’t end so nicely. This was are a number of pieces as part of that. regulation, investing in infrastructure on the Gulf Coast, the coast of Florida Congresswoman DELBENE, also of my and research, and fixing our broken im- that is heavily African American; and State, has a bill that is focused on migration system. on the Gulf Coast one night there was women’s small-business ownership. a theme park, you could call it a fair- b 1815 Congressman HIMES of Connecticut is grounds, that was open to all students focused on issues around cybersecurity. I want to thank all the members of without having to pay. They could go I have been working on legislation, the New Democrat Coalition for their on the rides, enjoy themselves one day along with Congressman HANNA of New proposals and progress to increase each year. This is done in Tampa. York, focused on providing resources to prosperity and help hardworking Amer- Now, teenagers being teenagers, some small businesses that are working to icans thrive in the changing global of them got a little bit out of hand. combat cyber attack. economy with more jobs, more skills, Many African Americans frequent that The reality is we know that small and more wealth. area, and they were out in force that businesses are a key part of our eco- Mr. Speaker, I yield back the balance night at the fairgrounds. There was a nomic future. You often hear that of my time. great deal of friction that night be- tween the White police force and the small businesses are the backbone of f our economy. I like that saying. I African American teenagers who were think that is a good saying. MESSAGE FROM THE SENATE there that night. I always say that small businesses A message from the Senate by Ms. Some of them actually started run- are our star running backs. They are Curtis, one of its clerks, announced ning around, might have bumped into a Marshawn Lynch. They are who we that the Senate has passed with few other people as they were running should have handed the ball off to at amendments in which the concurrence around. Someone started to scream. the end of the Super Bowl a couple of the House is requested, a bill of the You will notice that apart from that years ago. House of the following title: physical contact, nothing I described is actually against the law, like, for in- I say that because, if you look at how H.R. 636. An act to amend the Internal the United States has generally made Revenue Code of 1986 to permanently extend stance, drinking in a car with your it out of recessions, it is not our larg- increased expensing limitations, and for boyfriend when you are 16 years old. A number of them, about a hundred est employers that are the ones who other purposes. African American youths, were ar- are pulling us out of recessions. It is f rested that night 2 years ago in Tampa. our small businesses that are racking THE WRETCHED STATE OF RACIAL The White police officers insisted that up the tough yards and scoring the RELATIONS IN AMERICA TODAY they strip to the waist. That appar- touchdowns. ently was for the purpose, in the minds I think one of the fundamental roles The SPEAKER pro tempore. Under of the police officers, to see whether of the Federal Government, at the very the Speaker’s announced policy of Jan- they had gang colors on their bodies— least, is to get out of the way of our uary 6, 2015, the Chair recognizes the gentleman from Florida (Mr. GRAYSON) at least, that is what they said. star running back, but, ideally, to do Now, one of them, Andrew Joseph III, some blocking for them and to call for 30 minutes. Mr. GRAYSON. Mr. Speaker, I would actually hadn’t done any of that run- some plays for them and enable them ning around, any of that screaming, like to discuss something that may not to score some touchdowns. any of that casual bumping. He hadn’t otherwise be discussed this year in this So a lot of the focus of the American done any of that, but he saw his class- Congress: the wretched state of racial Prosperity Agenda is to make it easier mates being arrested. He came to see relations in America today. for entrepreneurs to succeed, whether what was going on. He saw that one of We passed a bill here about a month that be to raise capital or to start a them had his hat fall off his head. He ago in the House of Representatives to business or to combat hurdles that went over and he picked it up. The offi- eliminate the term ‘‘Oriental’’ from might present barriers to their cer said: I didn’t say you could do that. business’s success, like potential cyber the law books. I submit that elimi- They arrested him for picking up his attacks. nating a term does not eliminate the friend’s hat. They took Andrew Joseph, That is an important part of this racism that embodies that term, and I a 14-year-old boy, 2 miles away from agenda, and I think it is important to think it is about time that we recog- the fairgrounds, and they pushed him speak to that. Because, again, as we nize what this problem is, the fact that out of the police car and said: You are look at how to grow this economy, I it still festers in America, and give on your own. think the small businesses of our coun- some thought to what we can do about A 14-year-old boy who has parents try that already exist and those that it. who were reachable by a telephone, are yet to be created are going to be an I want to begin by relating two sto- they pushed him out in a neighborhood important part of that solution. ries, both from my home State of Flor- he had never seen before, never been to Mr. PETERS. Mr. Speaker, we have ida. The first one involves a 16-year-old before, had no idea where he was. He heard an introduction as to how New girl. She was White. She had an en- remembered that his father was going Democrats are working to expand en- counter with police officers who were to pick him up at the fairgrounds. He trepreneurship, increase exports, invest also White. She lived on the Atlantic felt pretty shaken up because he had in research and infrastructure, and set Coast, which is largely White, and I just been arrested and was told to strip up Americans for success in the new heard about this from a friend of a to the waist and, frankly, felt humili- economy. friend. ated. Our economy isn’t going to stop What happened to her is that her par- He found his way, as best he could, changing, and neither should our ef- ents got a call from the police officers back to the fairgrounds 2 miles away. forts to find the most innovative, effec- late one night. They didn’t tell her why He didn’t call his parents because, tive solutions for adapting to those they were calling, but they said: You frankly, he was scared, embarrassed, changes. have to come to this location. We need didn’t want them to know. He almost The Harvard Business School’s to talk to you about your daughter. got as far as the fairgrounds. He tried United States Competitive Project has She is here with us. to cross the interstate highway to get outlined eight actions it recommends The mother went to that location, to the fairgrounds. In the midst of traf- that Congress take to make America spoke to the White police officers. fic in both directions, he was struck by

VerDate Sep 11 2014 03:36 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.082 H19APPT1 smartinez on DSK9F6TC42PROD with HOUSE April 19, 2016 CONGRESSIONAL RECORD — HOUSE H1851 a car and died right on the spot, imme- life from this one boy, but how much gency with respect to the Central African diately. greater tragedy is it that we steal 5 Republic that was declared in Executive One 16-year-old girl, White, alive years of life from 40 million? Order 13667 of May 12, 2014, pursuant to 50 today; one 14-year-old boy, African We are in danger at this point of be- U.S.C. 1641(c); Public Law 94-412, Sec. 401(c); (90 Stat. 1257) and 50 U.S.C. 1703(c); Public American, dead. coming a society that is not colorblind, Law 95-223, Sec 204(c); (91 Stat. 1627); to the This is his picture, Andrew Joseph not blind to color, but, rather, a coun- Committee on Foreign Affairs. III. This is what this boy looked like. try that is blind to racism. There is an 5085. A letter from the Secretary, Depart- He was a good student, quite an ath- easy way to end this problem. It is ment of the Treasury, transmitting a six- lete, had a wonderful future ahead of called doing something about it. It is month periodic report on the national emer- him. But not being White, his parents called pulling ourselves together in the gency with respect to Syria that was de- didn’t get a call that night to say to same way that we began to do in the clared in Executive Order 13338 of May 11, 2004, pursuant to 50 U.S.C. 1641(c); Public come pick him up. 1960s: acknowledging these differences, I submit to you, this is not just one Law 94-412, Sec. 401(c); (90 Stat. 1257) and 50 and then remedying them. U.S.C. 1703(c); Public Law 95-223, Sec 204(c); person’s tragedy. It is not just the I well recall that in the current Pres- (91 Stat. 1627); to the Committee on Foreign tragedy of these parents standing at idential election, the former Governor Affairs. his gravesite. It is the tragedy of of my State, Jeb Bush, spent $125 mil- 5086. A letter from the Assistant Legal Ad- America. We persist in being a country lion on his campaign and got four viser, Office of Treaty Affairs, Department of of sometimes casual racism, racism votes—four votes, convention votes. State, transmitting a report concerning international agreements other than treaties that sometimes goes unnoticed. But I remember that it never came up If you say a bad word that begins entered into by the United States to be that Jeb Bush wiped out, destroyed, transmitted to the Congress within the with the letter N and there happens to eliminated, blew up affirmative action sixty-day period specified in the Case-Za- be a recording device nearby, you will in my State of Florida—and now it is blocki Act, pursuant to 1 U.S.C. 112b(d)(1); certainly be scolded and to some de- gone. Public Law 92-403, Sec. 1; (86 Stat. 619); to the gree held accountable, that much is So the question before us is, writ Committee on Foreign Affairs. true. But institutionalized racism, ra- small: How do we acknowledge that 5087. A letter from the Director, Inter- cial profiling, redlining is not treated Black lives matter? How do we ac- national Cooperation, Acquisition, Tech- nology and Logistics, Department of De- the same way because it is just too knowledge that a terrible tragedy took hard. It is much like the concept that, fense, transmitting the Department’s intent place here and robbed this good young to sign a Project Arrangement to the Memo- if we close our eyes to it, it will some- man of his life? And, writ large, what randum of Understanding Between the De- how disappear. A 1-year-old, maybe a 2- do we finally do—finally, finally, fi- partment of Defense of the United States of year-old might think that way, but a nally—50 years after the civil rights America and the Secretary of State for De- country of 330 million, why do we ever movement began, to end inequality in fense of the United Kingdom of Great Britain think that way? this country, end it? and Northern Ireland, Transmittal No. 07-17, Now, I wish I could tell you that the It starts with justice, and it ends pursuant to Executive Order 13637 and Sec. story somehow had a happy ending. It 27(f) of the Arms Export Control Act; to the with equality. Not just the pablum of Committee on Foreign Affairs. doesn’t. This kind of institutionalized equality of opportunity, that buzz 5088. A letter from the Director, Inter- racism goes on today. I asked the FBI phrase that we use in order to solve our national Cooperation, Acquisition, Tech- to investigate whether there is racial consciences, but, rather, the equality nology and Logistics, Department of De- profiling by the police force in Tampa. of results: an America where an Afri- fense, transmitting the Department’s intent They are thinking about it. I don’t can American boy is just as likely to to sign a Project Arrangement to the Memo- know if they are going to say yes or go to college as a White boy; an Amer- randum of Understanding Between the De- they are going to say no. I can’t tell for partment of Defense of the United States of ica where an African American is just America and the Secretary of State for De- sure. That is their decision, not mine. as likely to earn as much money as a I remember when I was a boy, a great fense of the United Kingdom of Great Britain White, and, for God’s sake, an African and Northern Ireland Transmittal No. 06-16, man said he hoped to see a day in American can live as long as a White pursuant to Executive Order 13637, and Sec. America where his four children were man does. 24(f) of the Arms Export Control Act; to the judged not by the color of their skin Mr. Speaker, I yield back the balance Committee on Foreign Affairs. but by their character. I submit to you, of my time. 5089. A letter from the Director, Defense this boy was judged by the color of his Security Cooperation Agency, Department of f skin, and he is not the only one. Defense, transmitting a notice of Proposed We live in an America today, a coun- ADJOURNMENT Issuance of Letter of Offer and Acceptance to try where 29 percent of White adults France, Transmittal No. 16-22, pursuant to Mr. GRAYSON. Mr. Speaker, I move Sec. 36(b)(1) of the Arms Export Control Act, have college degrees; 18 percent of Afri- that the House do now adjourn. as amended; to the Committee on Foreign can Americans have college degrees. If The motion was agreed to; accord- Affairs. Andrew Joseph III had lived, then his ingly (at 6 o’clock and 28 minutes 5090. A letter from the Secretary, Depart- chance of getting a college degree p.m.), under its previous order, the ment of Transportation, transmitting the would have been stunted, perhaps even House adjourned until tomorrow, FY 2015 No FEAR Act report, pursuant to Public Law 107-174, 203(a); (116 Stat. 569); to forbidden, by the color of his skin. Wednesday, April 20, 2016, at 10 a.m. for Now, if he had lived, whether or not the Committee on Oversight and Govern- morning-hour debate. ment Reform. he had gone to college, he would have f 5091. A letter from the Director, Equal Em- grown up in a country where African ployment Opportunity Compliance and Oper- Americans like him have an average EXECUTIVE COMMUNICATIONS, ations Division, Department of Health and household income of $37,000. Whites ETC. Human Services, transmitting the FY 2015 have an average income of $57,000. The Under clause 2 of rule XIV, executive No FEAR Act report, pursuant to Public Law color of his skin, you could say, if he communications were taken from the 107-174, 203(a); (116 Stat. 569); to the Com- lived, would have cost him $20,000 a mittee on Oversight and Government Re- Speaker’s table and referred as follows: form. year. That is our new poll tax, $20,000 a 5083. A letter from the Assistant Secretary, 5092. A letter from the Director, National year. Legislative Affairs, Department of State, Science Foundation, transmitting the FY If he had managed to get across that transmitting a determination regarding 2015 No FEAR Act report, pursuant to Public highway—I imagine him being picked countries of particular concern for having Law 107-174, 203(a); (116 Stat. 569); to the up safely by his father that night, engaged in or tolerated particularly severe Committee on Oversight and Government whom you see here on my right—then, violations of religious freedom, pursuant to Reform. as an African American male, his life 22 U.S.C. 6442(c)(5); Public Law 105-292, Sec. 5093. A letter from the Auditor, Office of expectancy would have been 73 years. 402 (as amended by Public Law 106-55, Sec. the District of Columbia Auditor, transmit- 2(a)); (113 Stat. 405); to the Committee on ting a report entitled ‘‘District of Columbia The life expectancy of White males in Foreign Affairs. Agencies’ Compliance with Fiscal Year 2015 this country, including me, is 78 years. 5084. A letter from the Secretary, Depart- Small Business Enterprise Expenditure Now, it is a great tragedy—a great, ment of the Treasury, transmitting a six- Goals’’; to the Committee on Oversight and great tragedy—that we stole 50 years of month periodic report on the national emer- Government Reform.

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The SPEAKER presented a memorial Government Reform. ing to transfers of funds involving Iran, and of the Legislature of the State of Idaho, rel- for other purposes; to the Committee on Fi- f ative to Senate Joint Memorial No. 105, urg- nancial Services. ing Congress to pass legislation that would REPORTS OF COMMITTEES ON By Mr. HULTGREN (for himself, Mr. direct USPS to restructure their budget pri- PUBLIC BILLS AND RESOLUTIONS BARR, and Mrs. LOVE): orities, rethink their administrative model, Under clause 2 of rule XIII, reports of H.R. 4993. A bill to require the Comptroller make appropriate budget cuts if necessary, General of the United States to conduct a focus on customer service and acceptable de- committees were delivered to the Clerk study regarding the privacy of information livery times, and reopen shuttered mail proc- for printing and reference to the proper collected under the Home Mortgage Disclo- essing plants throughout the United States; calendar, as follows: sure Act of 1975, and for other purposes; to to the Committee on Oversight and Govern- Mr. HENSARLING: Committee on Finan- the Committee on Financial Services. ment Reform. cial Services. H.R. 414. A bill to amend the By Mr. HASTINGS (for himself, Ms. 200. Also, a memorial of the Senate of the Dodd-Frank Wall Street Reform and Con- BORDALLO, Ms. CLARKE of New York, Commonwealth of Pennsylvania, relative to sumer Protection Act to repeal certain addi- Mr. CONYERS, Mr. DESAULNIER, Mr. Senate Resolution No. 261, urging the Con- tional disclosure requirements, and for other DEUTCH, Ms. FRANKEL of Florida, Mr. gress of the United States to modernize the purposes (Rept. 114–504). Referred to the GRAYSON, Mr. GRIJALVA, Mr. Federal cap on the locally set Passenger Fa- Committee of the Whole House on the state GUTIE´ RREZ, Mr. HIGGINS, Mr. HONDA, cility Charges user fee by setting it at $8.50 of the Union. Ms. JACKSON LEE, Mr. JONES, Mr. and adjusting it periodically to offset the Mr. HENSARLING: Committee on Finan- LIPINSKI, Mr. LOWENTHAL, Mr. impacts of inflation; to the Committee on cial Services. H.R. 1975. A bill to amend the MCGOVERN, Ms. NORTON, Mrs. Transportation and Infrastructure. Securities Exchange Act of 1934 to require RADEWAGEN, Mr. RANGEL, Mr. ROONEY 201. Also, a memorial of the Legislature of the Securities Exchange Commission to re- of Florida, Mr. RUSH, Mr. SABLAN, the State of Idaho, relative to Senate Joint fund or credit excess payments made to the Ms. SCHAKOWSKY, and Mr. SERRANO): Memorial No. 104, requesting that Congress Commission (Rept. 114–505). Referred to the H.R. 4994. A bill to amend title 38, United ensure the continued appropriation of funds Committee of the Whole House on the state States Code, to exempt reimbursements of in the fiscal year 2017 budget to significantly of the Union. certain medical expenses and other pay- enhance aquatic invasive species prevention Mr. HENSARLING: Committee on Finan- ments related to accident, theft, loss, or cas- efforts and to implement the intent of the cial Services. H.R. 2357. A bill to direct the ualty loss from determinations of annual in- Water Resources Reform and Development Securities and Exchange Commission to re- come with respect to pensions for veterans Act; jointly to the Committees on Transpor- vise Form 5–3 so as to add listing and reg- and surviving spouses and children of vet- tation and Infrastructure and Natural Re- istration of a class of common equity securi- erans, and for other purposes; to the Com- sources. ties on a national securities exchange as an mittee on Veterans’ Affairs. f additional basis for satisfying the require- By Mr. ROSKAM (for himself, Mr. ments of General Instruction I.B.1. of such POMPEO, and Mr. ZELDIN): CONSTITUTIONAL AUTHORITY form and to remove such listing and reg- STATEMENT H.R. 4995. A bill to prohibit the facilitation istration as a requirement of General In- of certain financial transactions involving Pursuant to clause 7 of rule XII of struction I.B.6. of such form (Rept. 114–506). the Government of Iran or Iranian persons Referred to the Committee of the Whole the Rules of the House of Representa- and to impose sanctions with respect to the House on the state of the Union. tives, the following statements are sub- facilitation of those transactions, and for Mr. HENSARLING: Committee on Finan- mitted regarding the specific powers other purposes; to the Committee on Foreign cial Services. H.R. 3557. A bill to amend the granted to Congress in the Constitu- Affairs, and in addition to the Committee on Financial Stability Act of 2010 to require the Financial Services, for a period to be subse- tion to enact the accompanying bill or Financial Stability Oversight Council to quently determined by the Speaker, in each joint resolution. hold open meetings and comply with the re- case for consideration of such provisions as By Mr. ROYCE: quirements of the Federal Advisory Com- fall within the jurisdiction of the committee H.R. 4992. mittee Act, to provide additional improve- concerned. Congress has the power to enact this legis- ments to the Council, and for other purposes By Mr. ROE of Tennessee (for himself, lation pursuant to the following: (Rept. 114–507). Referred to the Committee of Mr. BOUSTANY, and Mrs. WAGNER): Article I, section 8 of the U.S. Constitution the Whole House on the state of the Union. By Mr. HULTGREN: Mr. HENSARLING: Committee on Finan- H.J. Res. 88. A joint resolution dis- H.R. 4993. cial Services. H.R. 3868. A bill to amend the approving the rule submitted by the Depart- Congress has the power to enact this legis- Investment Company Act of 1940 to remove ment of Labor relating to the definition of lation pursuant to the following: certain restrictions on the ability of business the term ‘‘Fiduciary’’; to the Committee on Article I, Section 8, Clause 18: To make all development companies to own securities of Education and the Workforce, and in addi- Laws which shall be necessary and proper for investment advisers and certain financial tion to the Committee on Ways and Means, carrying into Execution the foregoing Pow- companies, to change certain requirements for a period to be subsequently determined ers, and all other Powers vested by this Con- relating to the capital structure of business by the Speaker, in each case for consider- stitution in the Government of the United development companies, to direct the Secu- ation of such provisions as fall within the ju- States, or in any Department or Officer rities and Exchange Commission to revise risdiction of the committee concerned. thereof. certain rules relating to business develop- By Mr. LOEBSACK (for himself, Mr. By Mr. HASTINGS: ment companies, and for other purposes; GRIJALVA, Mr. MCDERMOTT, Mr. RAN- GEL, Mr. YARMUTH, Mr. TONKO, Ms. H.R. 4994. with an amendment (Rept. 114–508). Referred Congress has the power to enact this legis- to the Committee of the Whole House on the MCCOLLUM, Ms. LEE, and Mr. VAN HOLLEN): lation pursuant to the following: state of the Union. Article I, Section 8, Clause 14: Mr. HENSARLING: Committee on Finan- H. Res. 691. A resolution expressing support The Congress shall have Power to make cial Services. H.R. 4498. A bill to clarify the for designation of the week of April 18, 2016, Rules for the Government and Regulation of definition of general solicitation under Fed- through April 22, 2016, as ‘‘National Special- the land and naval Forces eral securities law (Rept. 114–509). Referred ized Instructional Support Personnel Aware- By Mr. ROSKAM: ness Week‘‘; to the Committee on Education to the Committee of the Whole House on the H.R. 4995. and the Workforce. state of the Union. Congress has the power to enact this legis- Mr. CHABOT: Committee on Small Busi- By Mr. PALLONE: lation pursuant to the following: ness. H.R. 1481. A bill to amend the Small H. Res. 692. A resolution honoring the 250th Article I, Section 8, Clause 3: ‘‘The Con- Business Act to strengthen the small busi- anniversary of the founding of Rutgers, the gress shall have the power . . . to regulate ness industrial base, and for other purposes; State University of New Jersey; to the Com- commerce with foreign Nations, and among with an amendment (Rept. 114–510). Referred mittee on Education and the Workforce. the several states, and with the Indian to the Committee of the Whole House on the By Mr. YOHO (for himself and Mr. Tribes.’’ state of the Union. WEBER of Texas): Article I, Section 8, Clause 18: ‘‘The Con- f H. Res. 693. A resolution amending the gress shall have the Power . . . to make all PUBLIC BILLS AND RESOLUTIONS Rules of the House of Representatives to es- Laws which shall be necessary and proper for tablish the Permanent Select Committee on carrying into Execution the foregoing Pow- Under clause 2 of rule XII, public Oversight of the Executive Branch; to the ers, and all other Powers vested by this Con- bills and resolutions of the following Committee on Rules. stitution in the Government of the United

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States, or in any Department of Officer H.R. 2903: Mr. YOUNG of Indiana. H.R. 4633: Miss RICE of New York. thereof.’’ H.R. 2948: Mr. GRAVES of Missouri and Mr. H.R. 4640: Mr. MASSIE, Mr. CONYERS, Mr. By Mr. ROE of Tennessee: POCAN. WILSON of South Carolina, and Ms. DELAURO. H.J. Res. 88. H.R. 2963: Mr. CROWLEY. H.R. 4653: Mr. TED LIEU of California, Mr. Congress has the power to enact this legis- H.R. 2980: Mr. ROUZER. TAKANO, and Mr. DELANEY. lation pursuant to the following: H.R. 2992: Mr. RANGEL, Ms. MCCOLLUM, Mr. H.R. 4662: Mr. RUSH and Mr. COLLINS of Article I, section 8 of the Constitution of CLEAVER, Mr. COOPER, Mr. SMITH of Wash- New York. the United States ington, Mr. LOBIONDO, and Mr. KING of New H.R. 4667: Mr. GIBSON and Ms. MOORE. f York. H.R. 4680: Mr. SMITH of Texas. H.R. 2993: Mrs. NAPOLITANO. H.R. 4701: Mr. FATTAH, Mr. ISRAEL, and ADDITIONAL SPONSORS H.R. 3012: Ms. MCSALLY. Miss RICE of New York. H.R. 3222: Mr. ROSS and Mr. GOHMERT. Under clause 7 of rule XII, sponsors H.R. 4715: Mr. WALDEN. H.R. 3283: Mr. MULVANEY. were added to public bills and resolu- H.R. 4720: Mr. HUDSON. H.R. 3308: Mr. AGUILAR, Mr. HIGGINS, Mr. H.R. 4730: Mr. HENSARLING and Mr. tions, as follows: SEAN PATRICK MALONEY of New York, Mr. RATCLIFFE. SHERMAN, Mr. CONNOLLY, Ms. LOFGREN, and H.R. 335: Mr. FORTENBERRY and Ms. H.R. 4754: Mr. RANGEL and Mr. DANNY K. Mr. PETERSON. DUCKWORTH. DAVIS of Illinois. H.R. 446: Ms. SCHAKOWSKY. H.R. 3323: Mr. ROGERS of Alabama and Mr. H.R. 4764: Mr. JOYCE. H.R. 499: Mr. COSTELLO of Pennsylvania. ASHFORD. H.R. 4773: Mr. HUDSON, Mrs. MILLER of H.R. 546: Mr. WITTMAN and Mrs. BEATTY. H.R. 3355: Ms. SCHAKOWSKY and Ms. Michigan, Mr. ROHRABACHER, Mrs. BROOKS of H.R. 605: Mr. COLLINS of New York. DELAURO. Indiana, Mr. FARENTHOLD, Mr. DESJARLAIS, H.R. 664: Mrs. CAPPS. H.R. 3514: Ms. GABBARD, Ms. FRANKEL of and Mr. MULLIN. H.R. 672: Mr. HUELSKAMP. Florida, Mr. QUIGLEY, and Mr. Nolan. H.R. 4779: Mr. CONNOLLY. H.R. 711: Mr. POCAN, Ms. JENKINS of Kan- H.R. 3520: Mrs. MILLER of Michigan. H.R. 4792: Mr. HUFFMAN. sas, Mr. THOMPSON of Mississippi, Mrs. H.R. 3706: Mrs. LOVE, Ms. PINGREE, and Ms. H.R. 4794: Mr. COSTELLO of Pennsylvania HARTZLER, and Mr. GIBSON. KUSTER. and Mr. SMITH of New Jersey. H.R. 748: Ms. MCSALLY. H.R. 3713: Mr. BRADY of Pennsylvania. H.R. 759: Mr. MESSER. H.R. 3722: Mr. FRANKS of Arizona, Mr. H.R. 4795: Mr. COSTELLO of Pennsylvania H.R. 923: Mr. HUDSON and Mr. YOUNG of In- MEADOWS, and Mr. STIVERS. and Mr. SMITH of New Jersey. diana. H.R. 3870: Mr. GALLEGO, Ms. VELA´ ZQUEZ, H.R. 4817: Ms. NORTON, Mr. NADLER, and H.R. 1095: Mrs. NAPOLITANO. Ms. EDDIE BERNICE JOHNSON of Texas, Ms. Mrs. WATSON COLEMAN. H.R. 1144: Mr. POSEY. ADAMS, Mr. CASTRO of Texas, Mr. MOULTON, H.R. 4828: Mrs. WAGNER, Mr. MOOLENAAR, H.R. 1150: Mr. COOK and Mr. DONOVAN. Mr. SWALWELL of California, Mrs. KIRK- and Mr. JOHNSON of Ohio. H.R. 1220: Ms. TITUS. PATRICK, and Mr. JOLLY. H.R. 4843: Mr. CUMMINGS, Mr. ROKITA, and H.R. 1221: Mr. BOUSTANY. H.R. 3880: Mr. SCALISE. Mr. SEAN PATRICK MALONEY of New York. H.R. 1312: Mr. YOUNG of Iowa, Mr. ROGERS H.R. 3913: Mr. BRENDAN F. BOYLE of Penn- H.R. 4848: Mr. MARCHANT. of Kentucky, and Mr. CONYERS sylvania. H.R. 4869: Mr. DOLD. H.R. 1333: Mr. MESSER. H.R. 3924: Mr. KINZINGER of Illinois. H.R. 4875: Mr. BRENDAN F. BOYLE of Penn- H.R. 1391: Mr. MOULTON. H.R. 3953: Mr. CLAWSON of Florida. sylvania, Mr. COSTELLO of Pennsylvania and H.R. 1427: Mr. WITTMAN and Mr. KNIGHT. H.R. 3974: Ms. BROWNLEY of California. Mr. FATTAH. H.R. 1439: Mr. MOULTON. H.R. 3981: Mr. LEWIS. H.R. 4897: Mr. TAKANO and Mr. CART- H.R. 1516: Mr. HUFFMAN. H.R. 3989: Mr. COOK, Mr. SMITH of New Jer- WRIGHT. H.R. 1538: Mr. CONNOLLY. sey, Mr. CRAMER, Mr. HANNA, Mr. BUCSHON, H.R. 4904: Mr. RENACCI and Mr. MCKINLEY. H.R. 1550: Mr. MOULTON. and Mr. WEBSTER of Florida. H.R. 4905: Ms. SCHAKOWSKY. H.R. 1559: Mr. COLLINS of New York, Mr. H.R. 3990: Mrs. DINGELL and Mr. H.R. 4919: Mr. HIGGINS and Mr. BLUM. STEWART, Ms. SEWELL of Alabama, Mr. DESAULNIER. H.R. 4925: Mr. KING of New York and Mr. BRIDENSTINE, Mr. CLAWSON of Florida, and H.R. 4059: Mr. HUDSON. COFFMAN. Mr. PALAZZO. H.R. 4116: Mr. DUFFY and Mr. SCHWEIKERT. H.R. 4932: Mr. FARR. H.R. 1586: Mr. BRADY of Pennsylvania. H.R. 4165: Ms. DELBENE. H.R. 4939: Mr. SHERMAN. H.R. 4194: Mr. BRADY of Pennsylvania. H.R. 1594: Mr. MCCAUL. H.R. 4942: Mr. WILLIAMS and Mr. LATTA. H.R. 4212: Ms. CLARKE of New York and Mr. H.R. 1603: Mrs. ELLMERS of North Carolina. H.R. 4956: Mr. MESSER. H.R. 1608: Mr. NUGENT. KELLY of Pennsylvania. H.R. 4957: Ms. BROWN of Florida. H.R. 1625: Mr. MOULTON. H.R. 4223: Mr. POCAN. H.R. 4969: Mr. JOYCE. H.R. 1631: Mr. COLLINS of New York. H.R. 4235: Mrs. LAWRENCE, Ms. EDWARDS, H.R. 4978: Mr. ROGERS of Kentucky. H.R. 1643: Mr. BRADY of Pennsylvania. and Ms. JUDY CHU of California. H.R. 4980: Mr. PALMER, Mr. JOHNSON of H.R. 1706: Mr. BRADY of Pennsylvania. H.R. 4352: Mr. MCGOVERN. Ohio, and Mr. GRAVES of Georgia. H.R. 1707: Mrs. KIRKPATRICK. H.R. 4365: Mr. NUGENT. H.R. 4991: Mr. JONES, Ms. KUSTER, Mr. GIB- H.R. 1763: Ms. DEGETTE. H.R. 4400: Mr. SHERMAN. SON, Mr. GARAMENDI, Ms. SCHAKOWSKY, Mr. H.R. 1859: Mr. SWALWELL of California. H.R. 4430: Ms. MCCOLLUM. MCGOVERN, and Mr. BISHOP of Utah. H.R. 2170: Mrs. DINGELL. H.R. 4442: Mr. GARAMENDI and Mr. JENKINS H. Con. Res. 89: Mr. POSEY, Mr. ROSKAM, H.R. 2290: Mr. RATCLIFFE. of West Virginia. ENSARLING ILIRAKIS OEM H.R. 2293: Ms. CASTOR of Florida. H.R. 4469: Mr. MARCHANT. Mr. H , Mr. B , Mrs. N , H.R. 2350: Ms. EDWARDS. H.R. 4481: Mr. DENT. and Mr. HOLDING. H.R. 2434: Mr. MURPHY of Pennsylvania. H.R. 4499: Mr. BERA. H. Res. 28: Mr. JEFFRIES. H.R. 2450: Ms. DUCKWORTH. H.R. 4500: Mr. BOST, Mr. BYRNE, and Mr. H. Res. 126: Mr. DEFAZIO. H.R. 2460: Mr. SMITH of Washington. LATTA. H. Res. 207: Ms. ESTY and Mr. SENSEN- H.R. 2515: Mr. WALZ, Mrs. WAGNER, Mr. H.R. 4511: Mr. GOODLATTE. BRENNER. NADLER, and Mr. MCDERMOTT. H.R. 4519: Ms. SCHAKOWSKY. H. Res. 413: Mr. TED LIEU of California. H.R. 2633: Mr. SWALWELL of California. H.R. 4539: Mr. CROWLEY. H. Res. 494: Mr. PERRY and Mr. HUELSKAMP. H.R. 2726: Ms. TITUS, Mr. NEAL, Mr. YOHO, H.R. 4553: Mr. GRAVES of Missouri. H. Res. 551: Mr. DESANTIS. Mr. FORBES, Mr. WILSON of South Carolina, H.R. 4559: Mr. GRIFFITH. H. Res. 569: Mrs. BEATTY. and Mr. GUTHRIE. H.R. 4599: Mr. KEATING. H. Res. 645: Mr. BUCSHON. H.R. 2739: Mr. GIBSON, Mr. JOHNSON of H.R. 4611: Ms. SCHAKOWSKY. H. Res. 647: Ms. LOFGREN and Ms. Georgia, Mr. RODNEY DAVIS of Illinois, and H.R. 4613: Mr. GRIJALVA. STEFANIK. Mr. POCAN. H.R. 4625: Mrs. KIRKPATRICK. H. Res. 661: Ms. FRANKEL of Florida and H.R. 2740: Mr. HANNA. H.R. 4626: Ms. ESTY, Ms. BONAMICI, Mr. ROE Ms. SCHAKOWSKY. H.R. 2775: Mr. ELLISON. of Tennessee, Mr. DELANEY, Mr. BOUSTANY, H. Res. 674: Mr. CHABOT, Mr. WENSTRUP, H.R. 2817: Mr. VAN HOLLEN. Ms. BROWNLEY of California, Mr. TIPTON, Mr. Ms. CASTOR of Florida, and Mrs. BEATTY. H.R. 2901: Mr. RICE of South Carolina, Mr. THOMPSON of Pennsylvania, and Mr. BISHOP H. Res. 681: Mr. MCGOVERN, Mr. ROKITA, Mr. MOOLENAAR, and Ms. Moore. of Utah. DESAULNIER, and Ms. CLARKE of New York.

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Vol. 162 WASHINGTON, TUESDAY, APRIL 19, 2016 No. 60 Senate The Senate met at 10 a.m. and was This legislation received bipartisan ENERGY POLICY MODERNIZATION called to order by the President pro support from the start, and it shows BILL tempore (Mr. HATCH). what is possible with a Senate that is Mr. MCCONNELL. Mr. President, f back to work. Under the guidance of moving forward, the Republican-led Senator THUNE, the Commerce Com- PRAYER Senate will have another opportunity mittee chairman, and Senator AYOTTE, to pass bipartisan legislation—legisla- The Chaplain, Dr. Barry C. Black, of- the Aviation chair, this FAA reauthor- tion aimed at modernizing America’s fered the following prayer: ization and security bill incorporated energy policies. The Energy Policy Let us pray. ideas from both sides as it moved Modernization Act is the result of more Eternal Spirit, the splendor of Your through the legislative process. I also than a year’s worth of work by our En- presence delights us. You have been appreciate the work of Ranking Mem- ergy and Natural Resources Committee our help in ages past. You are our hope ber NELSON and Ranking Member chair Senator MURKOWSKI, and ranking for the years to come. Thank You for CANTWELL in working with them to ad- member Senator CANTWELL. These Sen- leading us beside the still waters of vance it. ators know it has been nearly a decade Your wisdom and through the green After 7 hearings and nearly 60 amend- since the Senate considered major en- pastures of Your peace. ments accepted, the bill passed the ergy legislation, so they worked to do Empower our Senators for the tasks Commerce Committee by a voice vote. something about it. They also know of this day. May they put right before On the floor, the bill managers contin- that good policy results from good expediency, others before self, principle ued listening and working with Sen- process, as this bill certainly dem- before partisanship, and You before all ators from both sides to process more onstrates. It has meant working else. Lord, keep our lawmakers under amendments that Members thought through countless listening sessions the canopy of Your care, sustaining would make this good bill even strong- and oversight hearings; it has meant them with Your grace amid all sun- er. For instance, they worked to in- working through numerous amendment shine and shadow. clude a number of additional security votes and debate hours; it has meant Lord, thank You that America still measures in an amendment that earned working to move this bipartisan En- stands with lamp held aloft as a beacon bipartisan support. That amendment ergy bill to final passage. of freedom for our world. aims to enhance inspections and vet- The Energy Policy Modernization We pray in Your sacred Name. Amen. ting of airport workers to improve se- Act aims to bring our energy policies f curity for international flights arriving in line with the demands of today and PLEDGE OF ALLEGIANCE at U.S. airports and to help ensure pe- to position us to benefit from the en- rimeter security is reviewed. ergy opportunities of tomorrow. Here The President pro tempore led the In addition to these important secu- is how it can help achieve that goal: It Pledge of Allegiance, as follows: rity provisions, we accepted an amend- expands domestic supply and improves I pledge allegiance to the Flag of the ment from Senator HEINRICH to shore efficiency. It addresses aging infra- United States of America, and to the Repub- up security in prescreening zones, lic for which it stands, one nation under God, structure and enhances safeguards. It indivisible, with liberty and justice for all. which could be particularly vulnerable promotes accountability and cuts to attacks. We also adopted an amend- through needless redtape. This broad, f ment from Senators TOOMEY and CASEY bipartisan bill does all these things. It RECOGNITION OF THE MAJORITY that addresses the security of cockpit builds on technological progress in LEADER doors. I appreciate these and other order to strengthen and sustain Amer- The PRESIDING OFFICER (Mr. COT- Senators who put forth ideas to make ica’s energy advances. It protects our TON). The majority leader is recog- the final product something both sides environment at the same time. It does nized. can support. all of this without raising taxes or add- f The FAA reauthorization and secu- ing a dime to the deficit. rity bill will make important strides Here is what that means for our FAA REAUTHORIZATION BILL for our national security and for trav- country: It will help Americans save Mr. MCCONNELL. Mr. President, elers. It does so without increasing fees energy. It will help Americans produce later this morning the Senate will have or taxes on passengers. It does so with- more energy. It will help Americans an opportunity to pass the FAA reau- out imposing heavyhanded regulations pay less for energy. And, like the air- thorization and security bill, which that can stifle consumers’ choices. I port security legislation I mentioned aims to secure our airports and look look forward to supporting this legisla- earlier, the Energy Policy Moderniza- out for American travelers. tion later this morning. tion Act will help keep Americans safe.

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

S2131

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VerDate Sep 11 2014 00:26 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.000 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2132 CONGRESSIONAL RECORD — SENATE April 19, 2016 It includes provisions to bolster our na- RECOGNITION OF THE MINORITY ripped in half. I recall, as I am sure tional security by strengthening our LEADER people within the sound of my voice re- cyber security defense mechanisms. The PRESIDING OFFICER. The call, the images of chaos: bloody, dis- This legislation will make significant Democratic leader is recognized. oriented victims trying to determine if strides for American energy policies, they were alive, if they had their arms, and it wouldn’t have been possible f if they had their legs, if they had their without the bill managers’ leadership ENERGY BILL mind, if they had their eyes. As soon as they got that straightened out, they and dedication. So I want to thank Mr. REID. Mr. President, I appreciate started desperately trying to find and them again for their diligence in ad- the Republican leader talking posi- assist the injured. vancing this critical legislation closer tively about the Energy bill, which we to passage. called the energy efficiency bill in the This was a heart-wrenching day for our Nation. People watched the after- f last two Congresses, when we tried so hard under the direction of Senator math and wanted to help in any way they could. TRIBUTE TO POLICE CHIEF RICK SHAHEEN from New Hampshire to get MCCUBBIN this done. We tried so very hard. We One of those eager to help was a law- yer from the Department of Justice Mr. MCCONNELL. Mr. President, I had many runs at it. There were prom- named Merrick Garland. His boss at would like to say a few words about my ises from the Republicans; I don’t need the time was a well-known political good friend Police Chief Rick to mention names, but they know who figure, Deputy Attorney General Jamie McCubbin of the Bardstown Police De- they are: Let’s get back on this bill. We Gorelick. She explained Garland’s de- partment. We learned yesterday that will get it done. We have only three sire to go to Oklahoma City and help he will be retiring from service after 5 amendments. We have only two amend- with the investigation. She said: years as chief and nearly 30 years in ments. We did that time after time law enforcement. over 4 years. Every time, the obstruc- Both of us had kids about the ages of the tion would not go away, and we could kids in the day care center [in Washington]. Chief McCubbin led his officers We were just sick to our stomachs. And through some of the most troubling not do the bill. Merrick said, ‘‘I need to go.’’ times in the police department’s his- I am grateful that we have a bill now Merrick Garland went home that tory. He did so with rigor and resolve, dealing with energy efficiency. The evening knowing that he would be gone with grit and with grace. name has been changed, but it is the for a while. He kissed his wife and his Nearly 3 years ago, the Bardstown same bill. I hope that Senator SHAHEEN children, and he arrived in Oklahoma Police Department took a blow to its from New Hampshire has some degree City less than 48 hours later. very core with the tragic assassination of pride over what she started a long At this time, Garland was a seasoned of Officer Jason Ellis, who was killed in time ago. Her name is not on the legis- Federal prosecutor, having served as an ambush while driving home in uni- lation anymore, and I appreciate the U.S. Attorney for the District of Co- form and in a marked vehicle. Authori- junior Senator from Washington and lumbia prior to taking a senior role in ties have strong reason to believe the the senior Senator from Alaska work- the Department of Justice. Those who killing was retaliation from drug traf- ing hard to bring it to the floor today. knew him recall how competent he fickers against a police department We brought it to the point where we was. Having done some criminal de- that was making significant progress are today as a result of a very long fense work in my past, I know how dif- in rooting out trafficking and making struggle. ficult it is for somebody trying to de- drug arrests. The Republican leader talks about fend somebody when you come up Chief McCubbin was the leader of the many years since we have had an against a prosecutor with the reputa- that effort to stamp out drug crime. He Energy bill. The reason we didn’t have tion of Garland. They have a way about spoke eloquently on behalf of the whole one 4 years sooner is that they them to make the case simple in the department about the loss of their wouldn’t let us. Gridlock, obstruc- minds of a judge and jury, even though brother Jason, who will never be for- tion—the Republicans blocked Energy there could be a very complicated set gotten. I know that while the case re- bills any chance they got. They in- of facts. Those who worked with him mains unsolved today, he has led the sisted on offering amendments that recall him as unwavering in his com- effort to see Officer Ellis’s killers weren’t germane or relevant. mitment to the law. He followed the brought to justice. We are not acting the way they did. law. He followed procedure. He was Chief McCubbin continued the fight We want to get it done also. It is im- guided by an acute sense of fairness. against drug trafficking by seeing to it portant for our country, and it is a The New York Times reported: that Bardstown’s surrounding Nelson positive step forward. I want to make County earned inclusion in the Appa- sure there is a full understanding of Former colleagues also recalled that Mr. lachia High Intensity Drug Trafficking the history behind this. Garland insisted on doing the investigation by the book, like obtaining subpoenas even Area program, which we call HIDTA, f when phone and truck rental companies vol- back in 2014. HIDTA is not just another OKLAHOMA CITY BOMBING ANNI- unteered to simply hand over the evidence, government acronym but a model that to avoid any future trial problems. He also works. It couples Federal law enforce- VERSARY AND NOMINATION OF made sure there was a prosecutor responsible ment with State and local task forces MERRICK GARLAND for keeping relatives and victims informed and the supplies, training, and tech- Mr. REID. Mr. President, 21 years ago about the case as it developed. nology they need. By getting Nelson today, in Oklahoma City at 9:02 a.m. In speech after speech, the senior County included in the HIDTA pro- Oklahoma City time, Timothy Senator from Iowa has insisted that a gram, Chief McCubbin brought a pow- McVeigh detonated a bomb at the Fed- nominee to the Supreme Court should erful force multiplier to his depart- eral building in Oklahoma City, killing be ‘‘supreme,’’ should be someone ment’s own efforts to fight drug traf- 168 innocent people, and 19 of them who—and I quote him—‘‘adheres to the ficking and keep the citizens of were children who were there with Constitution and the rule of law and Bardstown safe. their parents on business the family decides cases based on wherever the It has been an honor to work with had. This was a work day, and Timothy text takes him or her.’’ Chief Rick McCubbin over the years. McVeigh detonated that huge explo- Merrick Garland is the person the He received the honor of Kentucky’s sion. People could see the smoke from senior Senator from Iowa described. Police Chief of the Year in 2015, and I miles and miles away. It was the dead- With an entire nation wanting justice know the people of Bardstown and Nel- liest terrorist attack on American soil served immediately to those respon- son County certainly appreciate his before 9/11. sible for the bombing, Garland and his diligence and determination to fight I think we can all see—I know I can team refused to take shortcuts. They crime and to keep them safe. I thank see in my mind’s eye the images that did it the right way. They did it the him for his service to Bardstown, to were on television and the huge Fed- Garland way. They adhered to the law Kentucky, and to the Nation. eral building destroyed. It had been every step of the way.

VerDate Sep 11 2014 00:26 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.001 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2133 So impressive was Mr. Garland That is the hope Merrick Garland Seventy-five percent of the child bomb- throughout the investigation and pros- brought to Oklahoma in the aftermath ers are girls. As a father and grand- ecution, that Steven Jones, the attor- of that vicious day. We are reminded of father of 19 children, I am sickened by ney for Timothy McVeigh—listen to Judge Garland’s contributions in secur- what has happened to those school- this. Here is what the attorney for ing justice in Oklahoma City and wher- girls. Although 2 years has passed since McVeigh said about Merrick Garland. ever he has gone. He is a brilliant man. the abduction, the world must not for- Personally he’s above reproach. He has in- He is academically brilliant. He is a get the evil of this organization. We tegrity. He has the skills. man who was not given anything on a must be as resolved as ever to fight ter- Merrick Garland was also devoted to silver platter. In my meeting with him, rorism wherever it rears its ugly head. the victims and their families. Claudia I asked him how he handled the situa- Whether it is ISIS or Boko Haram, we Denny was the mother of children in tion at Harvard. It is an expensive cannot stop. We must be vigilant. the building’s daycare center. Her chil- place. He said: Well, among other Mr. President, the Chair announce dren were critically injured, but they things, I sold my comic book collec- the business that we are going to pro- survived. They are alive. This is what tion. ceed with today. she said of Merrick Garland: Now, that does not sound like much f Early on we got invited to the U.S. attor- to most people. But those coins, for ex- ney’s office. They wanted all of our concerns, ample, that my little brother—we are RESERVATION OF LEADER TIME and I think Judge Garland set that up where separated by 22 months—has been col- we all got our voice heard. The PRESIDING OFFICER. Under lecting since he was a little boy mean the previous order, the leadership time The Oklahoma City prosecution a lot to him. Most of them are not is reserved. ended with convictions and guilty pleas worth too much. Some of them are. for all who were involved. To this day, Merrick Garland collected comic f Oklahomans still revere Merrick Gar- books. One of my best friend’s sons col- MORNING BUSINESS land for his good work. Frank Keating, lects comic books. It is something they The PRESIDING OFFICER. Under the Governor of Oklahoma at the time do. It meant a lot to him. He had to get the previous order, the Senate will be of the attack, has been outspoken in rid of them to get through college. He in a period of morning business for 1 his praise of Judge Garland. He told has inspired those around him through hour, with Senators permitted to speak NPR recently: his hard work and commitment and therein for up to 10 minutes each. People don’t understand when they’re eat- fairness always. That is why it is so The Senator from Vermont. ing a good dinner on Friday night, there is a disappointing that Republicans are de- chef in the kitchen that did it. And in the f case of what we saw after April 19, there was nying this man the common decency of a chef in the kitchen that did it, and it was a hearing so the American people can OKLAHOMA CITY BOMBING ANNI- Merrick Garland. see him. VERSARY AND NOMINATION OF The junior Senator from Oklahoma Why not let Merrick Garland speak MERRICK GARLAND for himself at a hearing? Why not let recently praised Judge Garland saying, Mr. LEAHY. Mr. President, today we ‘‘I do plan to meet with Merrick Gar- him make his own case to the Amer- ican people and their elected Senators? are going to remember the victims and land in my office in the weeks ahead to families whose lives were forever say thank you for what he did for Okla- There is no excuse to delay his nomina- changed by the bombing in Oklahoma homa during the bombing trial. tion any longer. Senate Republicans City 21 years ago. This homegrown ter- But that is as far as Senator should give Merrick Garland the hear- rorist attack—this bombing shook our LANKFORD has said he will go. He has ings and the vote he deserves. Repub- made it clear that he will do nothing to licans need to simply do their job. Nation to its core. In fact, it remains the worst act of homegrown terrorism help Garland get a hearing or a vote. f Following his work in the Oklahoma our Nation has endured. BOKO HARAM City case, Merrick Garland continued The destruction and the loss of life to work on other notable criminal Mr. REID. Mr. President, I want to were overwhelming. This photograph I cases. He oversaw the prosecution of say just a brief word on another sub- have never forgotten. The firefighter is the Unabomber, Ted Kaczynski, this ject. Last week marked another hor- carrying the limp and bloodied body of evil man who is now in prison. Garland rible anniversary, the 2-year anniver- a toddler from the wreckage. Those of ran the investigation on the Atlanta sary since the terrorist group Boko us who are parents and grandparents Olympics bombing. He then went on to Haram invaded a school in Nigeria and know the joy we have had in caring for serve with distinction on the DC Cir- took away 300 little girls. They were children this age. You can only imag- cuit Court of Appeals, where he now girls. They were not young women. ine the sadness of that firefighter. It serves as the chief judge. They were little girls. symbolized the horror of the attack: Supreme Court Justice John Roberts The world watched as parents of the 168 innocent lives perished that day; 19 once said of Garland’s judicial exper- girls pleaded for help. People all over of them were children. tise: ‘‘Anytime Judge Garland dis- the world, including First Lady The impact, of course, and the loss in agrees, you know you are in a difficult Michelle Obama, rallied behind the the Oklahoma City community was area.’’ It is time for Republicans to campaign ‘‘Bring Back Our Girls.’’ De- enormous. Nearly everyone knew some- allow the American people to see spite the global outcry, most of these one who had lost a friend or family Merrick Garland themselves, not have girls—the vast majority of these girls— member. The city’s emergency services me talking about him but see him for are still missing 2 years later. But here and their victims support resources themselves. This is a super star. This is is the horrible part about this—the were quickly overwhelmed. As the days somebody who should be on the Court. shocking fate of some of these girls. went by and the needs mounted, it be- Republicans should allow the American It has been a couple of years. They came clear that the existing State and people to see this man for what the are older—teenagers. Boko Haram is Federal resources were simply insuffi- people of Oklahoma and litigants in weaponizing them, turning these little cient to respond to such a massive at- the courtrooms have known for many girls—they are now not so little—into tack. years: This is a special man. suicide bombers. According to the So to respond to the victims’ needs, I Last year, as part of the 20th anni- United Nations Children’s Emergency proposed, and Congress passed, the Vic- versary of the Oklahoma City attack, Fund, or UNICEF, in the 4 countries tims of Terrorism Act of 1995. Among Judge Garland and some of his fellow where Boko Haram operates, the num- important matters, the legislation I prosecutors were awarded the Reflec- ber of children used in bombing attacks wrote created an emergency reserve as tions of Hope Award by the Oklahoma has sharply increased from 4 in 2014 to part of the Crime Victims Fund to City National Memorial. The honor is 44 last year. That record will be broken serve as an emergency resource in the awarded to those who exemplify the be- this year. wake of an act of terrorism or mass vi- lief that ‘‘hope can survive and blossom Nearly one out of every five bombers olence. Even though every one of us, amidst the tragedy and chaos.’’ where Boko Haram is active is a child. Republicans and Democrats alike,

VerDate Sep 11 2014 00:26 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.003 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2134 CONGRESSIONAL RECORD — SENATE April 19, 2016 prayed there would never be such an- law enforcement team writes of Chief the government of a rush to judgment. He other act, we had, in my legislation, an Judge Garland: meticulously oversaw every step of the pros- emergency reserve, because without Twenty years ago, the nation could not ecution’s initial proceedings, building an such a fund, State victim compensa- find a better lawyer to manage the investiga- overwhelming case and ensuring that no legal error would allow the bombers to es- tion and assistance programs are tion and prosecution of what was then the worse crime ever committed on American cape responsibility for their atrocity. And quickly overwhelmed. This new fund with the victims’ families and the nation was critical to ensuring that additional soil. Today, our nation could not find a bet- ter judge, nor a more honorable man, to join desperate for information and justice, Judge resources got to the field quickly. its highest court. Garland ensured that they would have both. Over the last two decades, this fund After the case was on a sound footing, Mr. President, I ask unanimous con- has been instrumental in allowing the Judge Garland returned to his critical re- sent to have printed in the RECORD the Federal government to immediately re- sponsibilities at the Justice Department, but letter highlighting Chief Judge Gar- spond to the victims of other unspeak- maintained close contact with the rest of us land’s work on the Oklahoma City who continued to work on the case. With his able acts of mass violence, including bombing. towering intellect, exceptionally sound judg- the 9/11 terrorist attack and more re- There being no objection, the mate- ment, and extraordinary decency, he pro- cently, the domestic terror attack in rial was ordered to be printed in the vided the leadership and wise counsel that the Emanuel African Methodist Epis- helped us face both novel legal issues in the RECORD, as follows: copal Church in Charleston, South courtroom and unprecedented challenges in Carolina. APRIL 19, 2016. supporting a community of victims that Hon. MITCH MCCONNELL, numbered in the thousands. Last month I met with the former Majority Leader, U.S. Senate, Federal prosecutor who managed the On a personal level, we all benefitted from Washington, DC. having Judge Garland in our corner. For investigation and the prosecutions of Hon. HARRY REID, some of us, the bombing had ripped through the Oklahoma City bombers. We talked Minority Leader, U.S. Senate, our home town and killed and wounded about the prosecution. That former Washington, DC. neighbors and colleagues; for the rest of us prosecutor was Chief Judge Merrick Hon. CHARLES E. GRASSLEY, who came to the task force from across the Garland. He was nominated to the Su- Chairman, Committee on the Judiciary, U.S. country, the case required many months preme Court last month. But before he Senate, Washington, DC. away from friends and family. For all of us, Hon. PATRICK J. LEAHY, working to secure justice for the victims and was a judge and a nominee to serve on Ranking Member, Committee on the Judiciary, the highest Court in the land, he was a to reassure the nation that our judicial sys- U.S. Senate, Washington, DC. tem could respond fairly but forcefully to prosecutor and a senior official at the DEAR MAJORITY LEADER MCCONNELL, MI- such an act of domestic terrorism, the pres- Justice Department. Those of us who NORITY LEADER REID, CHAIRMAN GRASSLEY, sure to get it right was unyielding—and have had the privilege of being pros- AND RANKING MEMBER LEAHY: As former Judge Garland’s support was critical. He was ecutors, none of us could ever think of prosecutors, law enforcement agents and vic- not just a supervisor; he was a mentor, a facing what he did. tim advocates who worked as a team with counselor, and a friend. Immediately after hearing the news Merrick Garland, as well as state and local From the day of the Oklahoma City bomb- authorities, to secure justice for the thou- ing until his judicial appointment at the of the devastation in Oklahoma City, sands of victims of the Oklahoma City bomb- Merrick Garland turned to the Deputy start of the first of the trials, Merrick Gar- ing, we write to offer our enthusiastic sup- land provided our team with leadership, con- Attorney General. He said, very sim- port for Chief Judge Garland to serve on the fidence, determination, and hope. If con- ply: ‘‘You need to send me there.’’ The Supreme Court of the United States. firmed, he will bring to the Supreme Court next day, Merrick Garland became the We are a diverse group: we live in different the same humanity, talent, and judgment highest ranking Department of Justice parts of the country and work in a variety of that we have seen in him for two decades. We official on the ground in Oklahoma fields, we have no common political affili- unconditionally support his nomination and City after the bombing. He helped to ation, and indeed some of us are occasionally urge you to support his confirmation as an adversaries in court. But despite those dif- Associate Justice of the Supreme Court. oversee every aspect of the criminal in- ferences we are united today, as we were vestigation and response. Years later, Very truly yours, united two decades ago, in our respect and Donna Bucella; Vicki Zemp Behenna; he still considers his work in Okla- admiration for the integrity, brilliance, lead- Sean Connelly; David Chipman; Aitan homa City the most important in his ership, and judgment of Merrick Garland. Goelman; Jamie Gorelick; Joseph life. Twenty years ago, the nation could not find Hartzler; Carolyn Hightower; Arlene Chief Judge Garland’s commitment a better lawyer to manage the investigation Johnson; Wan Kim; Larry Mackey; to fairness during that difficult period and prosecution of what was then the worst Scott Mendeloff; James Orenstein; Pat- and his work with the citizens of Okla- crime ever committed on American soil. rick Ryan; Beth Wilkinson. Today, our nation could not find a better homa City were formative for him. I judge, nor a more honorable man, to join its Mr. LEAHY. The American people know from talking with him that it highest court. need to know that it is this dedicated left a lasting impression on him, but it On April 19, 1995, while first responders public servant who is now being denied left especially a lasting impression on were still searching for the injured and the a public hearing by Senate Repub- the people he served. dead in the ruins of the Alfred J. Murrah licans. No nominee to the Supreme Last year, the Oklahoma City Na- Federal Building, Merrick Garland worked Court has ever been treated the way tional Memorial & Museum honored with the folks on the ground to provide the Senate Republicans are treating Chief Merrick Garland with a Reflections of best federal resources, personnel and counsel to assist with the investigation and prosecu- Judge Garland. Since public confirma- Hope Award for his work on behalf of tions. He knew that the best thing he could tion hearings began in 1916, the Senate victims. After his nomination to the do was to leave Washington and travel to has never denied a Supreme Court Supreme Court last month, the Okla- Oklahoma City to ensure that the investiga- nominee a hearing and a vote. I say to homa museum’s Executive Director tors, the prosecutors, the victims and the my friends the Republicans, you have said: ‘‘We are so proud that Judge Gar- survivors had the full support of the Justice no good reason for your obstruction of land, who kept the family members and Department. He arrived to find the largest Merrick Garland. survivors front and center during his and most complex crime scene anyone in Americans by a 2-to-1 margin want work in Oklahoma City, has been nom- American law enforcement had ever encoun- Chief Judge Garland to have a public tered. He helped to ensure that the many dif- inated.’’ ferent local, state, and federal law enforce- hearing in the Judiciary Committee. We have also heard from a team of ment agencies worked together as a team, Based on more than four decades of former prosecutors, law enforcement despite their sometimes differing ideas about that precedent, that hearing should agents, and victims’ advocates who how best to build a case. At the same time, take place in the Judiciary Committee worked directly with Chief Judge Gar- he made sure the victims, the survivors and next week. Instead, Senate Republicans land in the aftermath of the Oklahoma their families had the critical resources they continue to ignore the American peo- City bombing. They have written to needed to deal with the unspeakable losses ple. the leadership of the Senate and the they had suffered. Neil Siegel, a law professor at Duke Once the two men responsible for the Judiciary Committee to highlight bombing had been identified and arrested, University, said: ‘‘It does not matter Chief Judge Garland’s work on this ter- Judge Garland was careful to ensure that constitutionally, nor as a matter of rorism case. They strongly support his each was treated fairly and with dignity to tradition, whether a nomination is nomination to the Supreme Court. The ensure that no one could reasonably accuse made in an election year. Numerous

VerDate Sep 11 2014 00:26 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.004 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2135 nominations have succeeded during ber of refugee camps—car parks of humanity. states hosting refugees to see the upside of election years. Without exaggeration, I went as an activist and as a European. Be- people’s hands being occupied and not idle Senate Republicans have made up a cause Europeans have come to realize—quite (the World Bank and the Scriptures agree on distinction without a relevant con- painfully in the past year or two—that the this) The refugees want to work. They were mass exodus from collapsed countries like shopkeepers, teachers and musicians at stitutional difference.’’ Even school Syria is not just a Middle Eastern or African home, and want to be these things again, or children know that Presidents are problem, it’s a European problem. It’s an maybe become new things—if they can get elected to 4-year terms and they have American one, too. It affects us all. education, training and access to the labor to carry out their constitutional duties My countryman Peter Sutherland, a senior market. each and every year right up until United Nations official for international mi- In other words, they need development. De- noon of January 20 of their last year. It gration, has made clear that we’re living velopment that invests in them and empow- is no different for Senators. We can’t through the worst crisis of forced displace- ers them—that treats them not as passive re- just sit this year out because an elec- ment since World War II. In 2010, some 10,000 cipients but as leaders and partners. The people worldwide fled their homes every day, tion will be held in November. As Pro- world tends to give humanitarian efforts and on average. Which sounds like a lot—until development efforts their own separate bu- fessor Siegel concludes, Senate Repub- you consider that four years later, that num- reaucracies and unlisted phone numbers, as licans ‘‘are harming the court without ber had quadrupled. And when people are if they’re wholly separate concerns. But to a justification that passes the laugh driven out of their homes by violence, pov- be effective they need to be better coordi- test.’’ erty and instability, they take themselves nated; we have to link the two and fund Today, as we remember the victims, and their despair elsewhere. And ‘‘else- them both. Refugees living in camps need their families, and the entire Okla- where’’ can be anywhere. food and shelter right away, but they also homa City community, let’s also re- But with their despair some of them also need the long-term benefits of education, ¨ member the good the Senate has done have hope. It seems insane or naıve to speak training, jobs and financial security. of hope in this context, and I may be both of Third, the world needs to shore up the de- when we have put aside destructive these things. But in most of the places where partisanship and come together to act velopment assistance it gives to those coun- refugees live, hope has not left the building: tries that have not collapsed but are racked for the good of the country. This body hope to go home someday, hope to find work by conflict, corruption and weak governance. has done that time and again, under and a better life. I left Kenya, Jordan and These countries may yet spiral into anarchy. both Democratic and Republican lead- Turkey feeling a little hopeful myself. For as Lately some Western governments have been ership, as it has carried out its con- hard as it is to truly imagine what life as a cutting overseas aid to spend money instead stitutional duty to consider nominees refugee is like, we have a chance to re- on asylum-seekers within their borders. But to the Supreme Court. I hope the Sen- imagine that reality—and reinvent our rela- it is less expensive to invest in stability than ate will carry out that duty for a pub- tionship with the people and countries con- to confront instability. Transparency, re- sumed now by conflict, or hosting those who spect for rule of law, and a free and inde- lic servant named Merrick Garland have fled it. who has served this country so well. pendent media are also crucial to the sur- That needs to start, as it has for me, by vival of countries on the periphery of chaos. f parting with a couple of wrong ideas about Because chaos, as we know all too well, is the refugee crisis. One is that the Syrian ref- contagious. INVESTING IN INTERNATIONAL ugees are concentrated in camps. They DEVELOPMENT What we don’t want and can’t afford is to aren’t. These arid encampments are so huge have important countries in the Sahel, the Mr. LEAHY. Mr. President, on April that it’s hard to fathom that only a small band of countries just south of the Sahara, 12, 2016, the Appropriations Sub- percentage of those refugees actually live in going the same way as Syria. If Nigeria, a committee on State and Foreign Oper- one; in many places, a majority live in the country many times larger than Syria, were communities of their host countries. In Jor- ations held a hearing on violent extre- to fracture as a result of groups like Boko dan and Lebanon, for example, most refugees Haram, we are going to wish we had been mism and the role of U.S. foreign as- are in urban centers rather than in camps. sistance. We heard testimony from four thinking bigger before the storm. This is a problem that knows no perimeter. Actually, some people are thinking bigger. Another fallacy is that the crisis is tem- distinguished witnesses, including my I keep hearing calls from a real gathering of porary. I guess it depends on your definition good friend and partner in humani- forces—Africans and Europeans, army gen- of ‘‘temporary,’’ but I didn’t meet many ref- tarian work, Bono, the lead singer of erals and World Bank and International ugees, some of whom have been displaced for U2 and cofounder of ONE. As I said at Monetary Fund officials—to emulate that decades, who felt that they were just passing the hearing, there are millions of peo- most genius of American ideas, the Marshall through. Some families have spent two gen- Plan. That plan delivered trade and develop- ple who may never know Bono by name erations—and some young people their entire ment in service of security—in places where or have the privilege of listening to his lives—as refugees. They have been exiled by institutions were broken and hope had been music, but their lives are better be- their home countries only to face a second lost. Well, hope is not lost in the Middle East cause of the profound impact his advo- exile in the countries that have accepted and North Africa, not yet, not even where their presence but not their right to move or cacy has had on the world’s efforts to it’s held together by string. But hope is get- to work. You hear the term ‘‘permanent combat poverty. ting impatient. We should be, too. At the hearing, Bono testified about temporary solution’’ thrown around by offi- what he called the three extremes: ex- cials, but not with the irony you’d think it Mr. LEAHY. Mr. President, I see my treme ideology, extreme poverty, and deserves. distinguished colleague on the floor. Those understandings should shape our re- I yield the floor. extreme climate. His testimony was sponse. The United States and other devel- powerful. It complemented the opinion The PRESIDING OFFICER. The Sen- oped nations have a chance to act smarter, ator from North Carolina. piece he wrote that was published in think bigger and move faster in addressing the New York Times on the morning of this crisis and preventing the next one. Hav- f the hearing in which he highlighted the ing talked with refugees, and having talked MILITARY READINESS importance of investing in inter- to countless officials and representatives of national development in a way that civil society along the way, I see three areas Mr. TILLIS. Mr. President, I have empowers local populations, including where the world should act. the honor to represent the tip of Amer- First, the refugees, and the countries refugees and other displaced persons. ica’s spear—Fort Bragg, NC. Fort where they’re living, need more humani- Bragg is the largest military installa- Mr. President, I ask unanimous con- tarian support. You see this most vividly in sent to have printed in the RECORD a tion in the United States, and it is the a place like the Dadaab complex in Kenya, home to the most decorated combat copy of Bono’s article entitled ‘‘Time near the border of Somalia, a place patched to Think Bigger About the Refugee Cri- together (or not) with sticks and plastic forces of the military, the All-Amer- sis.’’ sheets. The Office of the United Nations High ican Division, the 82nd Airborne. There being no objection, the mate- Commissioner for Refugees is doing noble The 82nd is a subordinate command rial was ordered to be printed in the and exceedingly hard work. But it can’t do of the XVIII Airborne Corps, America’s RECORD, as follows: everything it needs to do when it is chron- Global Response Force. Whenever a ically underfunded by the very governments [From the New York Times, April 12, 2016] threat occurs, units of the XVIII Air- that expect it to handle this global problem. borne can be wheels up and on top of BONO: TIME TO THINK BIGGER ABOUT THE Second, we can help host countries see ref- REFUGEE CRISIS ugees not just as a burden, but as a benefit. any target in the world in just 48 (By Bono) The international community could be doing hours. I’ve recently returned from the Middle much more, through development assistance In the 15 months that I have had the East and East Africa, where I visited a num- and trade deals, to encourage businesses and privilege to represent North Carolina

VerDate Sep 11 2014 06:12 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.006 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2136 CONGRESSIONAL RECORD — SENATE April 19, 2016 in the Senate, I have made the readi- This is the real world in action. Bad The legislative clerk proceeded to ness of the XVIII Airborne one of my weather and mechanical problems hap- call the roll. top priorities. In fact, you would think pen. The Air Force knows this exercise Mr. THUNE. Mr. President, I ask it would be everybody’s top priority, happens every year. They know it is unanimous consent that the order for but I have watched budget cutters in highly visible. They knew they were the quorum call be rescinded. the Air Force slowly chip away at the under a microscope. Still they couldn’t The PRESIDING OFFICER. Without ability of the commanders at Fort meet the requirement. In fact, during objection, it is so ordered. Bragg to adequately train their para- Operation Toy Drop, the 440th provided f troopers at Pope Army Airfield. for about 40 percent of the chutes and This year, the Air Force began dis- 43 percent of the lift for the entire op- ENERGY AND WATER mantling the one Air Force tactical eration. APPROPRIATIONS BILL unit at Pope—the 440th Airlift Wing— Fort Bragg leadership has been clear Mr. THUNE. Mr. President, when Re- capable of providing daily and ad hoc to the Air Force in terms of their com- publicans took the majority in the support for Fort Bragg soldiers. I said bat requirements, their training re- Senate last January, we were deter- at the time that the removal of the quirements at Fort Bragg. They have mined to get the Senate working again. 440th created unreasonable risks to the told the Air Force that they have to By 2014, the Democratic-controlled readiness of critical airborne units. drop 10,000 paratroopers a month. Eight Senate had largely ground to a halt. They must be prepared to respond to a thousand drops a month is considered Serious legislation had been replaced range of contingencies in very short the bare minimum for the XVIII Air- by political messaging, and the Demo- timeframes. I have pointed out repeat- borne Corps. Sadly, the Air Force is cratic leadership refused to allow votes edly that the deactivation of the 440th not meeting those requirements. Only on amendments. In short, despite comes at a time when the Nation is 6,100 paratroopers exited from Air Democratic control of the Senate, facing growing uncertainty and in- Force planes in March. That is 1,300 Democrats and Republicans alike were creasing threats abroad that could re- fewer paratroopers dropped than in shut out of the legislative process. Re- quire a military response, and it is a February, which is 77 percent of the publicans were determined to change response that only forces at Fort Bragg 8,000 sustainable threshold and 61 per- that. can fulfill. cent of the Army’s overall require- Since we took control of the Senate Over the last 7 years, the 440th has ment. Where I went to high school, 61 in 2015, we have focused on taking up provided the Army with unparalleled percent was a D-minus, bordering on an substantial legislation that addresses support, tailored training opportuni- F. They are failing. the challenges facing the country. We ties without the tyranny of distance The Air Force has missed the Army’s have made sure individual appropria- that comes through logistical, bureau- minimum jump requirements every tions bills get written in committees cratic, and operational delays by hav- month this year. These numbers are il- with input from Senators of both par- ing aircraft stationed somewhere other luminating and concerning because in ties, and we have opened the Senate than Pope Army Airfield. the Southeast, this is the best flying floor to debate and amendment. The Air Force leadership stated that weather. January, February, and Why is that important? Because an after any deactivation of the 440th, March have the best flying weather in open legislative process in the Senate out-of-State aircraft would support all the Southeast. What is going to happen means all Americans get represented. airlift requirements for Fort Bragg when the Southeast thunderstorms and When legislation is written in the open units at Pope. The Air Force asked me tornado season kicks in? If the Air using the committee process and Sen- to suspend disbelief. They told me to Force can’t meet Fort Bragg’s need ators have a chance to highlight their accept that it is more cost-effective for when the skies are clear, how is it constituents’ concerns, the final bill is units to fly from Little Rock, AK, or going to do when the storm clouds a lot more likely to reflect the Amer- McChord Air Force Base in Washington gather? ican people’s priorities. State and support Fort Bragg in North I hope the Air Force knows I have One of our most basic responsibilities Carolina rather than having planes sta- their back as a member of the Senate as Members of Congress is to pass ap- tioned at Fort Bragg. Armed Services Committee. But in this propriations bills. Appropriations bills I did my best to ensure that the Air case, this is about fulfilling the Army’s give Senators and Congressmen a Force understood the Army’s require- requirement. This is about me having chance to take a look at where tax- ments, and I promised them that if the Army’s back. This is about making payer dollars are being spent and how they removed the 440th, I would be sure the men and women who will be we can spend this money more effi- monitoring their progress and their asked at a moment’s notice to assem- ciently and effectively. Unfortunately, ability to satisfy the Army’s require- ble on the Green Ramp at the Pope too often Congress ends up skipping ments for as long as I am in the Sen- Army Airfield and go wherever they ate. must go to defend freedom and save the appropriations process and rolling The first warning signs that the Air lives are at their highest state of readi- a number of the appropriations bills Force was in trouble came in December ness. But the performance to this point into one giant spending bill. That at the annual Operation Toy Drop. Op- suggests that the Air Force is failing means we lose the opportunity to eration Toy Drop is the world’s largest its customer service to the Army. No closely examine our spending priorities combined airborne operation at Fort business in America would be able to and make sure we are spending money Bragg. The drop is actually a daytime, dictate to the customer how and when wisely. nontactical, airborne operation super- they are going to get their product, but Since we took control of the Senate, vised by foreign military jumpmasters. that is exactly what is happening with Republicans have been determined to They view it as a rare treat to partici- the Air Force’s relationship with the make sure Congress takes the appro- pate so that they can get jump wings Army—and they are failing. priations process seriously. We have from a foreign country. I will ask Senator MCCAIN to inquire made sure individual appropriations This year’s operation was purpose- as to whether the Air Force expects to bills are developed in committee, fully designed by the Air Force to meet the needs of the Global Response where Senators of both parties have prove to Congress—to prove to me— Force. They haven’t in this first quar- the opportunity to help develop the bill that they could support the training ter, and this is the first quarter that and make sure their constituents’ con- mission at Fort Bragg. To prove the they were trying to transition to a cerns are heard. point, the Air Force Reserve went so Pope Army Airfield without the 440th. This week Congress is taking up the far as to reduce the 440th’s role in the If they can’t answer the question, then Energy and Water appropriations bill. operation. However, when the Air it is time for us to consider other op- This legislation funds a number of pri- Force planes could not get to Pope be- tions. orities: rural water projects, critical cause of weather, mechanical, or other Mr. President, I suggest the absence infrastructure projects, nuclear deter- delays, the 440th had to step in and of a quorum. rence efforts, energy research, flood make up the deficit, as they have done The PRESIDING OFFICER. The control, and environmental cleanup, to so many times before. clerk will call the roll. name a few. I am particularly pleased

VerDate Sep 11 2014 00:26 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.007 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2137 that this bill funds important in a neighborhood like that. Coming to make sure justice was served on be- projects—like the Lewis & Clark Re- home after dark is dangerous. It may half of those who lost their lives. gional Water System—that will help not be safe for your children to play in Judge Merrick Garland, the Presi- provide communities with access to the yard. It is certainly not safe to dent’s nominee for the Supreme Court, steady, reliable water sources. send them to the playground. Your was at the scene of the bombing within I am also pleased that this bill in- children constantly see things no child 2 days. With debris from the Alfred P. vests in next-generation, high-energy should see and hear things no child Murrah Federal Building still smol- physics research, including the Deep should have to hear. Your property dering in the streets, Judge Garland Underground Neutrino Experiment, isn’t secure. Your car and your home was helping first responders and work- which could revolutionize our under- are at risk all the time. There are no ing with local law enforcement. standing of some of the most funda- economic opportunities in your area As a top official in the Justice De- mental elements of our universe. This because businesses don’t want to locate partment, he led a massive investiga- funding demonstrates continued U.S. in areas where it is not safe to do busi- tion of the bombing and supervised the commitment to a project that will help ness. That is what life is like in some prosecution of Timothy McVeigh. He train the next generation of scientists of these neighborhoods. In one instance did all of that, even if it meant more and engineers, retain and attract the in Rapid City, law enforcement officers work and more time away from his best scientific minds to the United responded to over 600 calls to one build- family, with incredible delicacy and States, and garner additional invest- ing over a period of a single year. thoroughness. He called his work for ment from global partners. I am proud By partnering with residents in im- the Justice Department following the that South Dakota’s Sanford Under- pacted neighborhoods, Rapid City law Oklahoma City bombing the most im- ground Research Facility will continue enforcement stepped in and conducted portant thing he has ever done in his to play a leading role in this major an aggressive, years-long campaign to life. international scientific effort. rid this area of crime. Today, residents As we remember those who were lost The Energy and Water appropriations can let their children play outside on that day in 1995, and in light of last bill passed the Senate Appropriations without fear, and new economic oppor- week being National Crime Victims’ Committee with the unanimous—unan- tunities are opening for residents as Rights Week, we remember how Judge imous—support of Democrats and Re- businesses move in. It is no exaggera- Garland honored those victims with his publicans with a 30-to-0 vote. I am hop- tion to say that what these police offi- dedicated service. Judge Garland not ing it will receive the same strong bi- cers did changed the lives of countless only did his job with a great deal of partisan support on the Senate floor. Rapid City residents. heart, working with families who had This bill will boost our Nation’s energy Every day, in every community in lost loved ones, but with the vigor to security, making our economy more the United States, the men and women demand that justice be served. His fair- competitive, and promote energy inno- who make up our Nation’s police forces ness and diligence earned him praise vation. It will help us produce more and sheriff’s departments put their from Members of both parties, from and pay less for energy. lives on the line for the rest of us. They victims’ families and law enforcement This legislation is an important first are first on the scene when someone is officers, and even from the lead lawyer step in our commitment to restore in danger, the first to come running defending McVeigh. order to the appropriations process, when you call for help, and when evil A person like that, driven by the de- and I look forward to consideration of threatens they step in. sire to help people and serve the public, additional appropriations bills on the I am grateful to the men and women is someone who deserves fair consider- Senate floor in the coming weeks. of the Rapid City Police Department, ation by all of us in the U.S. Senate. f the Pennington County Sheriff’s Office, Unfortunately, that is not what is hap- and to all the law enforcement officers pening right now. We are 66 days into RECOGNIZING THE RAPID CITY PO- keeping the peace in South Dakota and the Supreme Court vacancy, and so far LICE DEPARTMENT AND THE around the Nation. Because of their Republican leaders are still refusing to PENNINGTON COUNTY SHERIFF’S service, we can live in safety. do their jobs. They will not say they OFFICE Mr. President, I yield the floor. are opposed to Judge Garland. They are Mr. THUNE. Mr. President, I wish to I suggest the absence of a quorum. refusing to even live up to their con- take a few minutes to talk about the The PRESIDING OFFICER. The stitutional responsibility and consider two ride-alongs I was privileged to take clerk will call the roll. him. That kind of pure obstruction and with Rapid City, SD, law enforcement The senior assistant legislative clerk partisanship is absolutely wrong. Peo- officers at the end of March. proceeded to call the roll. ple across the country are not going to We live in a climate where police of- Mrs. MURRAY. Madam President, I stand for that. ficers are often made to sound like ask unanimous consent that the order Last week I met with Judge Garland criminals and criminals are often por- for the quorum call be rescinded. and talked through his background, his trayed as victims. The result is, we for- The PRESIDING OFFICER (Mrs. experiences, his philosophy, his judi- get about the real victims—the people FISCHER). Without objection, it is so cial philosophy. What I found out—and who have suffered crimes or are forced ordered. it would be difficult for any right- to live in crime-ridden neighborhoods— f minded person not to come to this con- and we forget about the work police of- clusion after meeting with him—is that ficers do in making our communities OKLAHOMA CITY BOMBING ANNI- Judge Garland is highly passionate, he places we can live. VERSARY AND NOMINATION OF is highly respected, and highly quali- Three weeks ago, I got to meet with MERRICK GARLAND fied to serve on the U.S. Supreme law enforcement officers from the Mrs. MURRAY. Madam President, I Court. Rapid City Police Department and the come to the Senate floor to once again I am very glad some Republicans Pennington County Sheriff’s Office. urge my Republican colleagues to do have started meeting with him. That is After our meeting, I got to take a ride what they are elected to do: listen to a great first step, but it cannot be the through Rapid Valley with Sheriff’s their constituents and give Judge Gar- last step. Families across this country Deputy Brandon Akley and a ride land the fair consideration he deserves. deserve to hear from Judge Garland in through Rapid City with Rapid City As some of my colleagues have al- a Judiciary Committee hearing, under Police Officer Jim Hansen. ready noted, today marks 21 years oath, and in public, and then he should Not very long ago, some neighbor- since the Oklahoma City bombing, an get a vote where every Senator will hoods in Rapid City had their share of attack that shocked the world and have the opportunity to do their job challenges. Law enforcement officers took 168 innocent lives. I had the honor and weigh in. frequently responded to drug and alco- of meeting with an individual last If any Member doesn’t think Judge hol calls, abuse calls, domestic vio- week who was not only involved in the Garland should serve on the highest lence, break-ins, and other violent immediate aftermath of this terrible Court in the land, they should feel free crimes. Imagine what it is like to live attack but who went above and beyond to vote against him, but give him a

VerDate Sep 11 2014 00:26 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.008 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2138 CONGRESSIONAL RECORD — SENATE April 19, 2016 hearing, give him a vote, and stop this women, and children lost their lives, Unfortunately, Merrick Garland partisanship and obstruction. Evalu- with several hundred seriously wound- faces a historic blockade in the Senate. ating and confirming Supreme Court ed. At that time, it was the deadliest The Senate has never in its history de- Justices is one of the most important terror attack ever to take place on nied a hearing to a Presidential nomi- roles we have in the United States, and American soil. nee to fill a vacancy on the Supreme it is this issue that actually pushed me The Oklahoma City bombing shocked Court. It has never ever happened be- to run for the Senate in the first place. America. In the days after April 19, fore. In 1991 I was a State Senator, a Americans mourned the lives which The death of Antonin Scalia, about 2 former school board member, and a were lost and called for those who com- months ago, led to an almost imme- mom. Similar to so many people across mitted this evil act to be brought diate announcement by the Republican the country back then, I watched the swiftly to justice. Senate leader, Senator MCCONNELL, Clarence Thomas confirmation hear- It was in this context that the U.S. that there would be no consideration, ings in frustration over how the nomi- Department of Justice sent one man to no hearing, and no vote for any nomi- nee wasn’t pushed on the issues that I head this investigation and prosecu- nee sent by President Barack Obama to and so many others thought were so tion. His name is Merrick Garland. this U.S. Senate. Senator MCCONNELL important to the future of our country. Merrick Garland was the Principal As- went further to say that he would not I saw how a woman who came to talk sociate Deputy Attorney General. He even meet with the nominee. about her experiences, Anita Hill, was had volunteered to lead this investiga- It has been more than a month since treated by this Senate. I decided then tion, telling his boss, Deputy Attorney Judge Garland was nominated to the and there to run for the U.S. Senate, to General Jamie Gorelick, he had to do Supreme Court. It has been over 2 give Washington State families like it. months now since Supreme Court Jus- mine a voice in this process. Garland would stay in Oklahoma tice Antonin Scalia has passed. Why I have had the opportunity to use City for a long period of time. By all has the Republican majority leader de- that voice in the Senate and to make accounts, he worked around the clock, cided to ignore the precedent of his- sure Washington State families had a coordinating the efforts by law enforce- tory? Why is he turning his back on seat at the table in Supreme Court ment to gather evidence, building the our Constitution? That Constitution nominations and confirmations over case against Timothy McVeigh and says explicitly, article II, section 2: the years. I voted to support some of Terry Nichols. Every step along the The President of the United States the candidates, including the Chief way, Merrick Garland was meticulous. shall appoint a nominee to fill a va- Justice nominated by a Republican He made sure no corners were cut in cancy on the Supreme Court. President. I voted to oppose others, but the investigation or the prosecution. Our Founding Fathers understood I always thought it was important that There was so much at stake. that you can play politics with vacan- a nominee got the consideration he or One of the roles Merrick Garland cies, and they didn’t want that to hap- she deserved, and I always worked to took most seriously was to be in touch pen. So the President met his constitu- make sure the people I represented got with the survivors and the victims’ tional obligation but, sadly, this U.S. their questions answered as best as I families, keeping them informed, keep- Senate has refused to meet its con- could and that they could have a view ing them in the loop. He carried with stitutional responsibility to advise and into the process that should be above him at all times a list of the names of consent on that nominee. It is not partisanship and politics. the victims so he would never forget automatic. There is no guarantee that If Republicans continue to play elec- the historic importance of his assign- any nominee sent by the President tion-year politics and continue to ment. would be approved by the Senate, but refuse to do their jobs, my families in Merrick Garland would later call his it is our responsibility to ask the ques- Washington State will not have a work in Oklahoma City ‘‘the most im- tions of that nominee. voice. Families across America will not portant thing I have ever done in my People across the United States have have a voice. The tea party gridlock life.’’ His work helped bring the per- a right to hear this nominee, Merrick and dysfunction that has dominated petrators of this terrorist attack to Garland, under oath answer important too much of our work in Congress will justice and earned him the respect and questions about whether he is prepared have claimed another victory. That is gratitude of those he worked with and to serve on the Supreme Court and, if unacceptable. served. That is the definition of public he serves, whether he would bring in- Once again, I am on the floor to call service. tegrity to that appointment. on my Republican colleagues to do The record is clear that Merrick Gar- We have extended that courtesy to your job; meet with Judge Garland, land has always done his job diligently every Presidential nominee to fill a va- hold a hearing, and give him a vote. We and conscientiously. Throughout his cancy on the Supreme Court until this owe that to our constituents. It is our decades in public service at the Justice moment. The argument that is made constitutional responsibility, and we Department and later on the Federal on the other side of the aisle is that we should get it done. bench, Judge Garland has earned a rep- have to go through an election—we I yield the floor. utation as a workhorse who leaves no have an election coming up—and let I suggest the absence of a quorum. task unfinished. the American people decide, not the The PRESIDING OFFICER. The It is instructive to hear what his Senate. Let the American people de- clerk will call the roll. former law clerks say about him. Sev- cide, whether it will be a Democratic The senior assistant legislative clerk eral dozen of them recently sent a let- President or a Republican President. proceeded to call the roll. ter to the Senate. Here is what they What my friends on the other side of Mr. DURBIN. Madam President, I ask said about Judge Garland: ‘‘Unrelent- the aisle ignore is that when President unanimous consent that the order for ing work ethic.’’ They said Judge Gar- Barack Obama was reelected, he was the quorum call be rescinded. land ‘‘treated every matter before him not elected to a 3-year term, he was The PRESIDING OFFICER. Without with the same care and attention to de- elected to a 4-year term. He is the objection, it is so ordered. tail, whether it affected the national President of the United States this Mr. DURBIN. Madam President, interest or a single ordinary life.’’ year. He has the power of that office today, the 19th, marks the anniversary Judge Garland’s devotion to his work this year not because I willed it—al- of one of the worst terrorist attacks is admired by many. This is a man who though I certainly did—but because by ever to hit the United States. On April has received extraordinary praise be- a plurality of 5 million votes the Amer- 19, 1995, at 9:02 a.m., a rented truck cause he did his job and did it well. It ican people made that decision. Five filled with fertilizer and diesel fuel ex- should come as no surprise, when million votes were cast for Barack ploded in front of the Alfred P. Murrah President Barack Obama announced Obama over Mitt Romney. The decision Federal Building in Oklahoma City. that Merrick Garland was his choice to of the American people was that this The impact of the blast was dev- be the nominee to fill the vacancy on President shall govern not for 3 years, astating. One-third of the Federal the Supreme Court, he dwelled on this not for 3 years and 2 months, but for 4 Building was destroyed, and 168 men, experience in Oklahoma City. years.

VerDate Sep 11 2014 00:26 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.010 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2139 A lot of people say: As a Democrat in real-world consequences. Recently the this lead to inconsistent law from state to the Senate, it is easy for you to say solicitor general of Illinois, Carolyn state, but even within a jurisdiction. A that Republicans should treat this Shapiro, came to the Capitol to talk to search held constitutional in state court Democratic President a little better. might be held unconstitutional in federal the Senators about how the vacancy on court in the same state. This kind of uncer- What if the shoe were on the other the Supreme Court is actually hurting tainty is untenable. foot? States by leaving important legal ques- A second issue involves the implications of Well, we have a chance to take a look tions unresolved. the 2013 case of Missouri v. McNeely in which back and see exactly what happened Madam President, I ask unanimous Justice Scalia joined a five-member majority when the roles were reversed. In 1988, consent that her speech be printed in to hold that the natural dissipation of alco- hol in the blood does not in and of itself cre- during the last year of Republican the RECORD. President Ronald Reagan’s term, we ate exigent circumstances allowing the po- There being no objection, the mate- lice to obtain a blood test without a warrant. had a vacancy on the Supreme Court. rial was ordered to be printed in the This term the court is poised to hear a case, He sent his nominee to the Senate, RECORD, as follows: Birchfield v. North Dakota, about the impli- which was then controlled by the STATEMENT ON THE IMPORTANCE OF A NINE- cations of some of McNeely’s reasoning for Democrats. Did we have an announce- MEMBER SUPREME COURT FOR STATE AND state statutes that criminalize the refusal to ment from the Senate Democratic LOCAL GOVERNMENT submit to a blood or breath test when pulled leadership that we will not consider over for a DWI. Illinois does not have such a [Before the Senate Democratic Steering and statute, but we do have a statute making re- any nominee sent by a Republican Outreach Committee, April 6, 2016, Carolyn President in the last year of his term? fusal to submit to such a test grounds for the E. Shapiro, Solicitor General of Illinois, suspension of a license. And a case chal- Did we have an announcement by the Office of the Illinois Attorney General] lenging that statute is apparently being held Democratic leaders in the Senate that Good morning. Thank you very much for by the Supreme Court pending the result in we won’t even meet with the nominee? the opportunity to talk with you about the Birchfield. So if the court is unable to re- Exactly the opposite occurred. An- importance of a fully functional Supreme solve Birchfield because it is equally divided, thony Kenney was given the oppor- Court to state and local governments. or is unable to resolve our case, should the tunity to have a hearing, where he an- My name is Carolyn Shapiro, and I am the Court later decide to hear it, those statutes swered questions under oath, and had a Illinois Solicitor General. I am also a will remain under a constitutional cloud and neither law enforcement nor state legisla- vote which confirmed him on the Su- tenured faculty member at IIT Chicago-Kent College of Law where I founded the Institute tures will know the scope of their authority preme Court. A Republican President, on the Supreme Court of the United States in this area. during the last year of his Presidency, and where my research and scholarship fo- There are of course other areas of law I filled a vacancy on the Supreme Court cuses largely on the Supreme Court as an in- could discuss, but the point I want to leave with the cooperation of a Democratic stitution. you with is that state and local govern- majority in the Senate. State and local governments regularly rely ments, and the citizenry, depend on a func- The tables are turned now. We have a on the Supreme Court to provide clarity and tional court to provide clarity and certainty Democratic President with a Repub- certainty in numerous areas of law, many of in areas of law that affect government offi- which do not involve the headline-grabbing, cials and citizens on a daily basis. lican-controlled Senate, and they are Thank you. hot-button issues we hear about on the news. ignoring the history and precedent of Mr. DURBIN. As an example, Solic- the Senate and they plan on ignoring But in some of these areas, the risk of an equally divided court is real, and a Supreme itor General Shapiro pointed out how this nominee. There is no basis in the Court unable to provide clarity and cer- right at this moment numerous States Constitution for the position taken by tainty would have very real and harmful ef- and Federal circuits are governed by the Senate Republicans. This is an un- fects. different standards on important precedented obstruction of a nomina- I could talk about a variety of different Fourth Amendment search and seizure tion to fill a key Supreme Court va- areas of law, but my focus here will be on the issues. These cases are working their cancy. Fourth Amendment. The Fourth Amendment way through the courts, but only the Yesterday I was across the street. It of course regulates what law enforcement can and cannot do in investigating crime and Supreme Court can finally resolve the was the second time I have been hon- issues. But the Court may be unable to ored to be included in a very small au- it protects the privacy interests of the citi- zenry. It is crucial for law enforcement to do that. A 4-to-4 Court with a tie will dience of about 250 people to listen to know what the rules are and it is crucial for not resolve an issue. Unless the Senate the oral arguments in a case before the the citizenry to have confidence that law en- Republicans do their job, the Supreme Supreme Court on a critical decision forcement is following the rules and doing so Court will be stuck with eight mem- that will affect the lives of millions of uniformly. bers for more than a year. people in the United States. I looked These things cannot happen without the I have a trivia question. When was up to the chairs on the Supreme Court, Supreme Court being able to resolve some of the last time the Senate left a vacancy and obviously one was vacant. There the difficult and contested issues in this area on the Supreme Court for a year or of law. are only eight Justices. If this Court on more? During the Civil War. It took a this case—or others—cannot resolve it In the past three years, the Supreme Court has decided at least eight Fourth Amend- war between the States for us to leave with a majority and has a vote of 4 to ment cases by close votes, and in several of a vacancy that long in the Court—a va- 4 on a case, it invites confusion and those cases, Justice Scalia was in a five- cancy which the Senate Republicans chaos in one of the most critical member majority. In other words, without are continuing by this obstruction. branches of our government. It is con- nine justices, the court might well have been As we reflect on the anniversary of fusion and chaos that can be avoided if unable to resolve the issues presented in the Oklahoma City bombing, I hope my the Senate Republicans simply do their those cases, leading to ongoing uncertainty. friends on the other side of the aisle constitutional duty: advise and con- And some of those cases, as often happens in will take a step back from politics. I sent. the Fourth Amendment area, have created new areas of uncertainty that must be re- hope they will acknowledge that Give Merrick Garland a hearing Merrick Garland stepped up for this under oath so the American people can solved—but that may require a nine-member court to do so. Nation, did the right thing, and proved draw their own conclusions about I will briefly mention two such areas. In he could do his job. Senate Republicans whether this man is the right person 2013, the Supreme Court decided Florida v. have no less responsibility. It is time for the Supreme Court, and then let’s Jardines, in which Justice Scalia wrote the for the Senate Republican majority to have a vote on the floor. In the past, opinion on behalf of five justice majority. do its job. even when the Senate Judiciary Com- Jardines held that when police bring a drug I yield the floor. mittee rejected a Presidential nominee dog onto the front porch of a single family The PRESIDING OFFICER. The ma- for the Supreme Court, the committee home, that constitutes a search for purposes jority whip. of the Fourth Amendment. sent that nomination to the floor any- f way for a vote so that the whole Sen- This holding has led to new questions. Ear- lier this year, the Illinois Supreme Court HOUSTON FLOODING ate could speak to the worthiness of held that Jardines extends to a drug sniff that nominee. Merrick Garland de- outside an apartment door in the common Mr. CORNYN. Madam President, over serves nothing less. area of a building. But in similar cases this last weekend and through yester- The Senate Republicans refusal to do around the country, other courts have day, large parts of central and south- their job under the Constitution has reached different conclusions. Not only can east Texas experienced torrential

VerDate Sep 11 2014 00:38 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.012 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2140 CONGRESSIONAL RECORD — SENATE April 19, 2016 downpours. The Houston region in par- tice from people who do fund that ter- nity is an important principle to be ticular experienced so much rain, it led rorist attack. We have to maintain our sure, but the fact is, the White House is to widespread flooding. I know many diligence to hold those who sponsor misrepresenting the law. We have had people have seen that on TV, in news terrorism accountable, particularly on statutory exemptions to this immunity reports, or online. our own soil, and we must leverage all for years for business conduct, torts, Many will recall that last year over of our resources—or as many as pos- and many things, including terrorism. Memorial Day weekend, Harris County, sible—to shut off the funding sources We already had these exceptions in the which is where Houston is located, suf- for terrorists. Using civil liability to do law, and that has been the law for dec- fered from similar flooding. This year’s so has been Federal policy for decades, ades. The only real change is allowing rain seems to be even more widespread, and JASTA would strengthen that. victims of terrorist attacks on the with some areas receiving as much as It is my hope that this legislation homeland to sue even if the defendant 20 inches of rain in a relatively short will serve as a defective deterrent and is not designated by the State Depart- period of time. Whole subdivisions were will make foreign governments think ment as a state sponsor of terrorism. submerged, interstate highways were twice before sending money to terrorist That is right. All this would do would impassable, and power was knocked groups who target our homeland. Our be to allow victims of terrorist attacks out, which affected more than 100,000 country confronts new and expanding on our homeland to sue even if the people at one point. Tragically, several terror networks that are focused on sponsor of the terrorist activity was people have died as a result of these targeting our citizens, and we need to not a State Department designated floods. do everything we can to stop it, includ- state sponsor of terrorism. This is a Amidst this tragedy, Texans have ing passing this legislation. narrow piece of legislation, and it been quick to help one another. Crews JASTA is also important because it would not upend traditional principles had performed more than 1,000 rescues would help the victims of the 9/11 at- of sovereignty. as of yesterday afternoon, and even one tacks achieve closure from that hor- Yesterday a White House spokesman TV reporter on location covering the rific tragedy. claimed that JASTA would lead to li- story rushed to rescue an elderly man I mentioned that this is a bipartisan ability for U.S. humanitarian aid work. from a flooded underpass. The rescue is bill, and I am glad to introduce it with That is just false. I am confident that on YouTube. I recommend anybody my colleague CHUCK SCHUMER of New Senator SCHUMER and I can make that who is interested to watch it. It is real- York. But unfortunately the President abundantly clear to anybody who ly quite a rescue. doesn’t seem to share these bipartisan shares that misconception. This morning I spoke to County concerns about helping the victims of The President’s attempt so far to de- Judge Ed Emmett of Harris County, terrorism or deterring others from rail this legislation that would help the and I will continue to stay in close con- funding and facilitating it in the fu- victims of 9/11 pursue justice under the tact with him, as well as the chief of ture. Unfortunately, the administra- law is completely unacceptable. Unfor- the Texas Department of Emergency tion has worked to undercut progress tunately, this shouldn’t be a surprise. Management, in the coming days. of this legislation at every turn. The President has steadfastly refused The one thing I do know is that Tex- Yesterday the White House insisted to declassify and release 28 pages of the ans are resilient. In particular, the peo- that the President does not oppose ‘‘9/11 Commission Report’’ that pertain ple in the Houston region, where I hap- JASTA on behalf of the Kingdom of to allegations of Saudi Arabia’s sup- pen to have been born, are used to Saudi Arabia even though the adminis- port for the 9/11 terrorists. According storms that cause that kind of flood- tration has made that argument in pri- to some news reports, President Obama ing. But the rebuilding effort will be vate. In light of his upcoming trip has vowed several times to release this long and one that will require support there this week, it appears that the information, but he hasn’t followed from officials at all levels. Obama administration is pulling out through on that promise yet. His ac- Going forward, I will do everything I all the stops to keep this bill from tions to shield the Saudi Government can to help mobilize Federal resources moving forward before the President’s instead of advocating on behalf of his for the Houston area should the Gov- visit to Riydah. I wish the President own citizens rings much louder than ernor determine a Federal disaster dec- and his aides would spend as much his words. That doesn’t sound to me laration is necessary. In the meantime, time and energy working with us in a like the most transparent administra- our thoughts and prayers are with the bipartisan manner as they have work- tion in American history, which is people of Houston and other affected ing against us trying to prevent vic- what the President promised the Na- areas in Texas, and we hope and pray tims of terrorism from receiving the tion at his inauguration. for their safety and their fast recovery. justice they deserve. The good news is that there is bipar- f I was glad to see the President aban- tisan support in this Chamber for those don an argument that I always found who will stand up for these victims of JUSTICE AGAINST SPONSORS OF strange, especially coming from him. the 9/11 terrorist attacks and hold the TERRORISM ACT He didn’t seem to care that much people responsible accountable. I look Mr. CORNYN. Madam President, I about our relationship with Saudi Ara- forward to continuing to work with our will spend a few minutes talking about bia when he ran through his misguided colleagues to get this critical legisla- a piece of legislation that is bipartisan nuclear deal with Iran, running rough- tion passed. and deserves this Chamber’s consider- shod over serious concerns raised by The President has his prerogatives ation. the Kingdom. He didn’t seem to care under the Constitution. If he wants to Last year, around the anniversary of much about our relationship with veto legislation passed by the Congress the 9/11 attacks, I reintroduced the Saudi Arabia when he contended that on a strong bipartisan vote, he can do Justice Against Sponsors of Terrorism they should learn to ‘‘share the neigh- that, but 67 Senators and two-thirds of Act, or JASTA. This bill makes minor borhood with its mortal enemy Iran.’’ the House can override a Presidential adjustments to our laws to help Ameri- In a very real way, the President’s op- veto. That is in the Constitution too. cans who are attacked on U.S. soil get position to this bill looked like it was So the President needs to step up, in- justice from those who sponsored and asking the victims of 9/11 and their stead of trying to kill this legislation facilitated that terrorist attack on families to pay some of the political by private conversations in the Senate. U.S. soil. price for the President’s mishandling of The Senate needs to do its work: Pass When the Judiciary Committee con- our relationship with Saudi Arabia. this bipartisan legislation, help the sidered this bill earlier this year, it Well, yesterday the White House victims of the 9/11 terrorist attacks, was reported out without objection. I claimed it opposed the bill because it and hold those who fund and facilitate think the reasons for that are pretty undermined the principle of sovereign terrorist attacks responsible. If the clear. We should use every means immunity. In the past, the President President wants to get in the way, he available to prevent the funding of ter- said U.S. citizens could sue foreign gov- can veto the legislation, and we can rorism, and the victims of terrorism in ernments and the United States would override that veto. That is the way the our country should be able to seek jus- get sued abroad. Now, sovereign immu- Constitution works.

VerDate Sep 11 2014 00:38 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.013 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2141 Madam President, I yield the floor. ucts in important ways, including im- They mask the taste of the product and The PRESIDING OFFICER. The Sen- posing minimum age standards, limits make it more tempting, more exciting ator from Oregon. on advertising, health warnings on the for our young people. f products, child-proof packaging, and Madam President, I ask unanimous consent to use a prop. CHILD NICOTINE ADDICTION requiring the registration of tobacco product manufacturers by the FDA and The PRESIDING OFFICER. Is there Mr. MERKLEY. Madam President, I FDA approval of some novel products. objection? rise today to call attention to a dan- It is time to get this done because Without objection, it is so ordered. gerous complacency that threatens the lives are at stake. We all are familiar Mr. MERKLEY. I thank the Chair. health and the lives of our children, with the cycle: Tobacco use leads to to- This is an actual container, like and I rise today to urge our adminis- bacco addiction. Tobacco addiction these containers that are shown on the tration to take long overdue action to leads to disease. Disease leads to suf- poster. This is called JJuice. They call it juice. They put juice in the title, as protect our children. fering and often to death. In fact, to- if to imply it is healthy. This is liquid Two years ago this month, the Food bacco use is the leading cause of pre- nicotine targeted at our children with and Drug Administration, or the FDA, ventable death in the United States— released a proposed tobacco deeming all of these kinds of flavors. the leading cause. It imposes a terrible This particular container was a re- rule, which is a blueprint for a regu- toll on health and lives and dollars. It latory framework for e-cigarettes and sponse to the advocacy of myself and affects families and businesses and gov- other tobacco products. Administra- others to say that this targeting of our ernment. children is not OK. So the industry de- tion officials believed and conveyed So the best way to improve the cided to create a ‘‘Senator’s Choice’’ that the final rule would be out by the health of Americans 10, 20, 30 years flavor, and they call this flavor ‘‘the end of the summer 2015. Well, the sum- into the future or 40 years down the mer of 2015 is now history, and soon it greatest blend to date’’ using ‘‘the pur- line is to stop the process by which this ist, highest quality liquid essence of will be the summer of 2016, and we industry is targeting our youth. Here is wait. We have been waiting a very long guava, combin[ing] it with all-natural, what they know. They know that after time. American-made raw ingredients.’’ It is the age of 21, very few people become In total, it has been 7 years since the almost like a review of a fine wine, this Family Smoking Prevention and To- addicted to nicotine. It is a product ‘‘Senator’s Choice.’’ Again, they cre- bacco Control Act was passed by the that people try in their youth, and ated this specifically to protest the Senate and the House and signed by with repeated use they become ad- fact that Senators were standing up President Obama. This legislation gave dicted to it and then continue, nor- and saying that this targeting of chil- the Food and Drug Administration the mally for years and years. That makes dren is not OK. It is immoral, and it is authority to regulate tobacco products. for a very good customer of the tobacco wrong. We have a law in place to end This legislation was sponsored by industry, a very good customer of the it, but the administration must act or Senator Ted Kennedy. It was passed in nicotine industry, and very bad con- that law has no impact. the final months of his life. It was a sequences for the health of our chil- What is actually in this? Well, the in- tribute to his long advocacy for the dren, who become our young adults, gredients list does not have essence of regulatory control of tobacco—a dan- who become our middle-aged adults— guava on the ingredient list. It has gerous, destructive drug widespread very bad costs for health at each stage. glycerin and propylene glycol, nico- throughout America. The passage was According to a Surgeon General’s re- tine, and artificial flavorings, which part of his legacy. But now we are fail- port released in March 2012, tobacco somehow doesn’t sound nearly as nice ing that legacy, and we are failing mil- use among youth is a ‘‘pediatric epi- as the description on their Web site. lions of our children. demic.’’ But the thing is that our chil- Let’s see the impact of this targeting When the Family Smoking Preven- dren just aren’t starting to smoke be- of our youth because, unfortunately, tion and Tobacco Control Act was cause of happenstance. No, they are ag- Big Tobacco’s—the nicotine addiction passed into law, it was heralded as a gressively targeted by the tobacco in- industry—strategies work. That is why major victory, giving the FDA real dustry. Big Tobacco is working day and they are continuing to employ them. power to crack down on the marketing night to design products to appeal to High school e-cigarette use tripled in of tobacco products to our children. kids, to get them hooked on this dead- just 1 year, from 2013 at 4.5 percent to After a year, there is no action—2 ly habit so that they will be reliable 2014 at 13.4 percent. When we have the years, no action. That took us to 2011— consumers or reliable customers. numbers for 2015, I am sure we will find 3 years, no action; 4 years, no action; 5 In fact, the industry calls them ‘‘re- that it is substantially higher because years, no action; 6 years, no action; 7 placement smokers.’’ The products we of this aggressive marketing campaign years, no action. Over the course of supplied before have resulted in a aimed at our junior high and high those 7 years, a lot more Americans whole lot of our customers dying. So school students. have become addicted to nicotine prod- we need replacement smokers; we need Nearly one in seven high school stu- ucts. replacement consumers. dents have used an e-cigarette in the In 7 years, the industry has had time This clearly is a product with great last 30 days. That represents 2 million to develop new innovative products to harm associated with it. There are ci- of our children—2 million of our teen- entrap our youth, and they have uti- gars, cigarillos, tobacco candy, snus, agers nationwide. lized that time well. How much longer and e-cigarettes, and the list goes on An updated CDC study released re- will this inaction continue while our and on. Products cost often as little as cently confirmed that youth tobacco children are addicted to products newly 99 cents and are sold in colorful or cool use is continuing to grow. Our children invented and aimed directly at them? packaging, and nowhere is that more are not using e-cigarettes to quit Each passing month, thousands of chil- true than in the burgeoning e-cigarette smoking; they are using e-cigarettes to dren become addicted to these new industry. start smoking. So when the industry products. Each passing month, the nic- This chart shows very readily the claims that all of these e-cigarettes are otine addiction industry becomes more strategy of using candy flavors and improving the health of those who cur- deeply entrenched and determined to fruit flavors targeted at kids. They rently use cigarettes, it is another to- prevent the regulation that we author- have everything from cherry and wa- bacco industry big lie. Big Tobacco ized back in 2009. It has been said that termelon, and the list continues with brings us another big lie. Children are while Nero fiddled, Rome burned. In all kinds of—check this out—gummy using these products to start smoking, this situation, while the administra- bear flavors. When you advertise e-cig- not to stop smoking. Every day that we tion has failed to act, millions of chil- arette flavors like gummy bears, you don’t act, more of our children are at dren have become addicted to nicotine, are not targeting people over 21. You risk for a lifetime of tobacco and nico- with profound consequences for their are targeting our children. You are tar- tine addiction. health. geting them with bubble gum flavor The choice is simple. Let’s end this Once this rule is final, the FDA will and wild cherry flavor and candy apple irresponsible inaction. Let’s stop en- be able to regulate new tobacco prod- flavor. These flavors are not for adults. riching the multibillion-dollar tobacco

VerDate Sep 11 2014 00:38 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.015 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2142 CONGRESSIONAL RECORD — SENATE April 19, 2016 industry by continuing to delay the ical example of what is happening in To get to this point has been no regulations authorized back in 2009. Corolla. This is a heartbreaking story. small task, especially in this era in Let’s do the right thing for America’s It was shared with me by Karen which it is so difficult to find con- children. Let’s assist our children in McCalpin, the executive director of the sensus and a bipartisan way to pass living longer, healthier, happier lives Corolla Wild Horse Fund, who manages something. We have been able to do it by ending the targeting by Big To- the horses now with no taxpayer dol- with the able leadership of the chair- bacco. lars: man, Senator JOHN THUNE. The two of Thank you, Madam President. When Cordero was first seen, the tides were us have felt like we needed to focus on The PRESIDING OFFICER. The Sen- too high to bring a trailer up the beach so we areas where we agree, and as a result ator from Florida. had to wait until the next day at low tide to the entire Commerce Committee came Mr. NELSON. Madam President, I bring panels and a trailer. We looked for him together to get this done. Now we are would like to find out how long the every day for 4 days after that. We went about to pass this and get it on to the through wooded areas and marsh with no Senator from North Carolina wants to House. speak because I need to wrap up a mat- success. We finally found his harem on July 20, 2013. It was a difficult capture and the In a complicated bill like this, it ter on the FAA bill, which we are vot- poor thing was trying to run to keep up with doesn’t contain everything that every- ing on in 15 minutes. his mother. We had to capture her as well. body wants, but we hope our counter- The PRESIDING OFFICER. The Sen- Due to his young age and poor condition, he parts in the House are going to take up ator from North Carolina. needed his mother’s milk as well as her com- and pass this bill without delay. We Mr. TILLIS. Madam President, pany to help relieve some of the stress of have given them a good bipartisan through the Chair, I will take about 5 captivity. Unfortunately, that became an ex- blueprint to follow and one they ought minutes, not more. ercise in futility. to pass easily. Mr. NELSON. Very fine. Cordero, because of his health prob- If they add controversial or partisan Thank you, Madam President. lems, had to be euthanized. measures such as privatizing our air The PRESIDING OFFICER. The Sen- We want a solution to this problem. traffic control system, this bill will ator from North Carolina. It is a great solution that only requires fail. The U.S. Department of Defense is f a minimum amount of influence from unalterably opposed to private control- us to get this done—largely done by COROLLA WILD HORSES lers controlling our military aircraft. private and local entities. What we If that path is taken in the House, it is Mr. SULLIVAN. Madam President, I need to do is put an amendment for- going to be a big loss for consumers come to the floor to talk about some- ward that requires the U.S. Fish & and for the safety of the flying public. thing that is very important to many Wildlife Service, the State of North When thinking about some of the ir- of us in North Carolina and to the peo- Carolina, and Currituck County—the ritations of passengers, such as the ple who come to the North Carolina State of North Carolina and Currituck growing list of airline fees and charges, coast to enjoy our beautiful beaches County want to do this—working with consumers feel they are nickel-and- and a group of wild horses at Corolla. the Corolla Wild Horse Fund to estab- dimed to death. This bill is going to re- They are called the Corolla wild lish a management plan that would quire greater transparency and relief. horses. They are a piece of American allow for the transfer of horses from a Building on a minority Commerce heritage. They have been there since related herd located at Shackleford Committee report that was released ships have been wrecked in what we Banks. This would allow the herd size last summer, it requires fee refunds for call the graveyard of the Atlantic. to grow and will provide more genetic delayed baggage. It requires refunds for These horses of Spanish origin ended diversity to prevent situations that ancillary services, such as seating fees up finding their way to shore, and they poor Cordero experienced. that are paid for by a customer and set up a habitat on the East Coast that Our amendment asks for no money. then not delivered by the airline. It re- is actually an attraction to tourists The amendment is supported by the quires new standardized disclosure of and something that brings a smile to Humane Society, the American Society fees for consumers and increased pro- your face when you are out on the for the Prevention of Cruelty to Ani- tections for disabled passengers. water and you see them coming to the mals, the Animal Welfare Institute, the There are important safety reforms. shore. They have been there for almost Corolla Wild Horse Fund, and other Last night’s national news was led by 400 years, and they are roaming over key animal welfare organizations. an international news report from Lon- about 7,500 acres of land right now. Contrary to what some people have don about an inbound British Airways The problem we have, though, is that said who may oppose this amendment, flight into Heathrow that was struck with development over time their habi- it doesn’t change the mission of U.S. by a drone. Computer analysis has been tat has shrunk. As a result of that, we Fish & Wildlife Services. It doesn’t re- done. What would happen if the drone only have about 80 horses out in Co- quire any taxpayer dollars. All it sim- is sucked into a jet engine? It can cer- rolla now. To have a healthy popu- ply does is allow local government to tainly cause it to be inoperable and lation, we have to figure out a way to solve this problem. might start an explosion. provide them with genetic diversity or I hope that later today or tomorrow, Remember what happened when two they are going to become extinct in a when we can get on these amendments, seagulls were sucked into the engine of very brief period of time. The entire we can convince our Members that this a flight called the Hudson River mir- herd is in grave danger as a result. is a very important asset not only for acle, when captain Sully Sullenberger The solution to the problem is to try North Carolina but for the Nation, and was able to belly it in because he had to figure out a way to produce genetic a simple gesture on our part can solve no power. That was caused by a seagull diversity, which is why the senior Sen- a very difficult problem on the part of with feathers, webbed feet, and a beak. ator from North Carolina, Mr. BURR, the Corolla wild horses. Imagine what the metal and plastic of has offered an amendment that I hope Thank you, Madam President. a drone being sucked into a jet engine we can get support for. I yield the floor. could do. Do we need any more remind- The horses roam mostly on private The PRESIDING OFFICER. The Sen- ers? land, but there are some public lands ator from Florida. This bill has a pilot program to test they roam freely on that are managed f and develop technologies to intercept by the U.S. Fish & Wildlife. The county or shut down drones when they are and private philanthropic organiza- FAA REAUTHORIZATION BILL near airports. tions are managing the horses. No tax- Mr. NELSON. Madam President, we Remember the tragedy in Brussels. payer dollars are being used to manage are close to the vote on the FAA bill. Remember the downing of a Russian these horse populations, but they do I want to underscore the importance airliner in Egypt because somebody need some help and relief from the for the Senate because it contains was on the inside and snuck a bomb amendment Senator BURR has put for- some of the most significant passenger- onto the airplane. There are parts in ward. friendly reforms and airport security this bill that will help reduce the in- To give an idea of what we are deal- enhancements that we have seen in sider threat that terrorists have pre- ing with, I want to tell a story of a typ- years. viously exploited, including the soft

VerDate Sep 11 2014 00:38 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.016 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2143 targets in the queues at the TSA lines I yield the floor. Corker Johnson Reid and at the ticket counters. I suggest the absence of a quorum. Cornyn Kaine Risch Cotton King Roberts This bill will improve the back- The PRESIDING OFFICER. The Crapo Kirk Rounds ground checks and security screenings clerk will call the roll. Daines Klobuchar Sasse for airport workers and prevent hack- The senior assistant legislative clerk Donnelly Lankford Schatz Durbin Leahy ers from potentially gaining control of proceeded to call the roll. Schumer Enzi Manchin Scott an airplane. This bill also requires that Mr. THUNE. Madam President, I ask Ernst Markey Sessions the FAA develop standards on how air- unanimous consent that the order for Feinstein McCain Shaheen Fischer McCaskill craft manufacturers can keep flight Shelby the quorum call be rescinded. Flake McConnell Stabenow control systems separate from inflight The PRESIDING OFFICER. Without Franken Menendez Sullivan passenger entertainment systems. Re- Gardner Merkley objection, it is so ordered. Tester member what was shown on ‘‘60 Min- Mr. THUNE. Madam President, we Gillibrand Mikulski Graham Moran Thune utes’’ about the takeover and control have pending before us final passage on Grassley Murkowski Tillis of a car by someone going on the Inter- the FAA reauthorization. We have been Hatch Murphy Toomey net and hacking into the car’s enter- waiting to see if there were not an- Heinrich Murray Udall Vitter tainment system. Heitkamp Nelson other 26 amendments that have been Heller Paul Warner The bottom line is, this is a good bill. cleared on both sides that we can get Hirono Perdue Warren It is the result of a hard-earned col- added to the bill. Despite our best ef- Hoeven Peters Whitehouse laborative effort. I thank Senator forts, we have an objection to that. We Inhofe Portman Wicker Isakson Reed Wyden THUNE and his staff for their good work have been trying all morning to get and their good will in our negotiations. that cleared, but that has not been pos- NAYS—3 I also thank the Members of our staff sible. Boxer Lee Rubio who worked endlessly to get us to this f NOT VOTING—2 point. After the vote, I am going to Cruz Sanders read a list of their names because I CONCLUSION OF MORNING want them to be recognized. BUSINESS The bill (H.R. 636), as amended, was To our colleagues in the Senate, I passed. The PRESIDING OFFICER. Morning The PRESIDING OFFICER. The Sen- thank you for working with Senator business is closed. THUNE and me on the creation and de- ator from South Dakota. velopment of the bill up to this point f Mr. THUNE. Mr. President, I ask and now the passage of the bill. I sus- unanimous consent to speak for up to AMERICA’S SMALL BUSINESS TAX 10 minutes. pect the Senate will respond over- RELIEF ACT OF 2015 whelmingly and I certainly urge that The PRESIDING OFFICER. Without result. The PRESIDING OFFICER. Under objection, it is so ordered. Madam President, we have just a the previous order, the Senate will re- Mr. THUNE. Mr. President, I rise couple minutes until the vote. sume consideration of H.R. 636, which today to express my appreciation to I suggest the absence of a quorum. the clerk will report. my colleagues for the passage of the The PRESIDING OFFICER. The The senior assistant legislative clerk Federal Aviation Administration Reau- clerk will call the roll. read as follows: thorization Act of 2016. By passing this The senior assistant legislative clerk A bill (H.R. 636) to amend the Internal Rev- legislation, which I offered with the proceeded to call the roll. enue Code of 1986 to permanently extend in- Commerce Committee’s ranking mem- Mr. NELSON. Madam President, I creased expensing limitations, and for other ber, Senator NELSON, and our Aviation ask unanimous consent that the order purposes. Subcommittee leaders, Senator AYOTTE for the quorum call be rescinded. The amendment was ordered to be and Senator CANTWELL, the Senate is The PRESIDING OFFICER. Without engrossed, and the bill to be read a seeking to end a string of short exten- objection, it is so ordered. third time. sions with a comprehensive reform pro- Mr. NELSON. Madam President, I The bill was read the third time. posal now on its way to the House of ask unanimous consent that I be per- The PRESIDING OFFICER. The bill Representatives. Bipartisan efforts at mitted to speak for up to 5 minutes. having been read the third time, the both the Commerce Committee and on The PRESIDING OFFICER. Without question is, Shall the bill pass? the Senate floor made an already objection, it is so ordered. Mr. THUNE. Madam President, I ask strong bill even better. Mr. NELSON. Madam President, we for the yeas and nays. Only weeks ago, horrific attacks by are trying to get clearance for a pack- The PRESIDING OFFICER. Is there a ISIS created new concern for air trav- age of 26 noncontroversial amendments sufficient second? elers. Recognizing the need to enhance that Senator THUNE and I put together There appears to be a sufficient sec- security, Senators from both sides of in a package. They are noncontrover- ond. the aisle offered amendments to sial. They are amendments sponsored The clerk will call the roll. strengthen safety and security protec- by a multiplicity of Senators, a whole The senior assistant legislative clerk tions for passengers in this aviation array of different things that are need- called the roll. bill. To guard against the threat of air- ed. Mr. CORNYN. The following Senator port insiders helping terrorists, we We have one Senator objecting to is necessarily absent: the Senator from added provisions that I authored along proceeding with the package of 26 Texas (Mr. CRUZ). with Senator NELSON to improve the amendments. We are trying to get that Mr. DURBIN. I announce that the scrutiny of individuals applying to objection removed; otherwise, we are Senator from Vermont (Mr. SANDERS) work in secure airport areas. going to be in a position of going to the is necessarily absent. For the first time, we put require- bill, which we will have the votes to The PRESIDING OFFICER (Mr. ments in place so applicants needing pass, but without these 26 amend- FLAKE). Are there any other Senators access to secure areas of airports can ments. These are amendments by Sen- in the Chamber desiring to vote? be denied security credential if they ators HATCH, MCCAIN, THUNE, MORAN, The result was announced—yeas 95, have been convicted of embezzlement, BROWN, MURPHY, KAINE, FEINSTEIN, nays 3, as follows: racketeering, robbery, sabotage, immi- JOHNSON, LEAHY, INHOFE, CORNYN, MAR- [Rollcall Vote No. 47 Leg.] gration law violations, or assault with KEY, KIRK, CORNYN, DURBIN, MORAN, YEAS—95 a deadly weapon. WARNER, SULLIVAN, HIRONO, HOEVEN, Alexander Booker Carper While very few criminals are terror- HEITKAMP, ISAKSON, MURRAY, and Ayotte Boozman Casey ists, it is not at all uncommon for ter- TESTER. Baldwin Brown Cassidy rorists to get their start as criminals. All are noncontroversial. But we Barrasso Burr Coats The Brussels attackers, for example, Bennet Cantwell Cochran have one objection with regard to this Blumenthal Capito Collins were known to the police as criminals package, which is noncontroversial. Blunt Cardin Coons long before they carried out terrorist

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Without going through certainly been a delight to work with, the recent bombing of a Russian pas- them in detail, the bill’s provisions for as was his committee staff. senger jet leaving Egypt had help from unmanned aerial systems are I wish to personally thank our staff: an aviation insider. groundbreaking. Tom Chapman, Jenny Solomon, Chris Our bill also includes security provi- Twenty years from now, when drones Day, Mohsin Syed, Melissa Alvarado, sions to better safeguard public areas play significant roles in our economy Laura Ponto, Dan Hurd, Renae Black, outside the security checkpoints at air- and making the public safer, Congress Maria Stratienko, Nick Russell, Chris- ports and to help reduce passenger will look back at this bill as landmark tian Fjeld, Brian No, Peder Magee, backups. These reforms could help pre- legislation. Provisions in this bill will Meeran Ahn, Brad Torppey, and our vent a future attack, like the one in give the FAA authority to address safe- staff director Kim Lipsky. I also wish the Brussels terminal last month, ty issues unique to drones and advance to thank the Democratic staff here on which targeted a crowd of passengers the development of drone technology. the floor—they make this place run in an area where the attackers didn’t Thanks to this legislation, the FAA day in and day out—Gary Myrick, Tim even need tickets. will be able to consider and grant per- Mitchell, Trisha Engle, Dan Tinsley, While many of our security enhance- mission for new and safe drone usage, and all the cloakroom staff. ments addressed problems highlighted stop dangerous practices, and deploy I thank the Senate for responding so by recent attacks, none of these pro- new tools to put sensitive parts of our affirmatively to this FAA bill. Now posals were cobbled together in a rush national airspace under restricted ac- let’s get the House to understand the to do something. All of the security cess for drones. importance of this bill so we can get it proposals added to this bill have ex- Finally, as I have noted, Ranking into law. isted for months and were developed as Member NELSON, Senator AYOTTE, and The PRESIDING OFFICER. The Sen- a result of congressional oversight, Senator CANTWELL deserve high praise ator from South Dakota. independent evaluations of agencies, for their collaboration on this legisla- AMENDMENT NO. 3799 and the study of existing problems. tion. Senator NELSON, in particular, Mr. THUNE. Mr. President, I ask What recent attacks by ISIS did create has been a real partner in the effort, unanimous consent that the title is new urgency to enact these security and I want to express my sincere amendment at the desk be agreed to. safeguards as the threat of terrorism thanks to him and to his talented staff. The PRESIDING OFFICER. Is there remains a menace. I also want to acknowledge the im- objection? As I have mentioned more than once, portant contributions of Finance Com- Without objection, it is so ordered. this legislation has been praised for the mittee Chairman HATCH, Ranking The amendment (No. 3799) was agreed many ways it helps airline passengers. Member WYDEN, and their staffs. With- to, as follows: Under this bill, airlines will be re- out the Finance Committee provisions (Purpose: To amend the title) quired to return fees if they lose or sig- they provided for revenue and expendi- Amend the title so as to read: ‘‘An Act to nificantly delay delivery of passengers’ ture authority, we would not have an amend title 49, United States Code, to au- luggage. We also require airlines to FAA bill. thorize appropriations for the Federal Avia- automatically return fees for services I also want to thank Leader MCCON- tion Administration for fiscal years 2016 purchased but not delivered so trav- NELL, his lead liaison to the Commerce through 2017, and for other purposes.’’. elers don’t have to go through the has- Committee, Scott Rabb, and Leader The PRESIDING OFFICER. The Sen- sle of trying to reclaim their money REID for helping us get this bill passed. ator from North Carolina. from an airline. I also appreciate the Senators and Mr. BURR. Mr. President, I ask unan- Because many customers are frus- their staff members who worked with imous consent to make some remarks trated by lengthy legal jargon that can us so that we could include so many on the Burr-Tillis amendment No. 3175 make it difficult to understand add-on amendments here on the floor. to the Energy bill. costs, our bill creates a new and easy- Finally, it goes without saying that I The PRESIDING OFFICER. Without to-read uniform standard for disclosing want to thank my own staff for their objection, it is so ordered. baggage, ticket change, seat selection, great work on this bill, especially Nick COROLLA WILD HORSES PROTECTION and other fees. We even help families Rossi, Adrian Arnakis, Bailey Edwards, AMENDMENT with children find flights where they Michael Reynolds, Jessica McBride, Mr. BURR. Mr. President and col- can sit together without additional Missye Brickell, Suzanne Gillen, leagues, I am embarrassed that I am costs by requiring airlines to tell pur- Jaclyn Keshian, Christopher Loring, having to come to the floor to talk chasers about available seat locations Rebecca Seidel, Cheri Pascoe, Peter about an amendment that makes so at the time of booking. Feldman, Andrew Timm, Frederick much sense, that embraces everything A Washington Post consumer col- Hill, and Lauren Hammond. Long that I think the legislative branch and, umnist called our bill ‘‘one of the most hours and even a few all-nighters have more importantly, the American peo- passenger-friendly Federal Aviation been put into this bill over the course ple support: the protection of a species. Administration reauthorization bills in of many months. I am the first to say I rise today to ask my colleagues to a generation.’’ that nothing consequential or substan- support the Corolla Wild Horses Pro- I am proud that the FAA bill before tial gets done around this place with- tection Act. The amendment mirrors the Senate today is the product of a bi- out the important, hard work of the legislation Senator TILLIS and I intro- partisan process. Over at the Com- very talented and skilled staff. I am duced, S. 1204. This bill passed the merce Committee, we approved 57 blessed on the Commerce Committee to House twice, in 2012 and 2013. amendments before this bill came to be surrounded with people who care Let me be specific. This bill directs the floor, and 60 percent of those passionately about these issues, who the Secretary of the Interior to enter amendments came from Members of work very diligently to get the best into an agreement with the Corolla the minority. Here on the Senate floor, possible outcomes and results. I am Wild Horses Fund to provide for the we approved an additional 19 amend- grateful for the contributions of our management of free-roaming wild ments. staff and those of Senator NELSON’s horses in and around Currituck Na- In addition to helping passengers and staff and of the many Members who tional Wildlife Refuge. enhancing security, this legislation ad- were involved in shaping this bill. It is As I have learned, North Carolina is dresses a number of other priorities, in- another accomplishment that we can mostly inhabited by people from Vir- cluding the cyber security of aircraft, all be proud of. ginia and Maryland—up and down the the aircraft design approval process, With that, I yield the floor. east coast—in the summer. As a matter

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As a mat- Science says that it is not sustainable AMENDMENTS NOS. 3276; 3302, AS MODIFIED; 3055; ter of fact, these horses have been such if you leave this herd without a genetic 3050; 3237; 3308; 3286, AS MODIFIED; 3075; 3168; 3292, an important part of North Carolina’s injection from somewhere else. AS MODIFIED; 3155; 3270; 3313, AS MODIFIED; 3214; 3266; 3310; 3317; 3265, AS MODIFIED; 3012; 3290; 3004; history that in 2010 it was made North This is not a new proposal. It passed 3233, AS MODIFIED; 3239; 3221; 3203; 3309, AS MODI- Carolina’s State horse. in the House twice. It is not a new pro- FIED; 3229; 3251; AND 2963 TO AMENDMENT NO. People have seen these horses on the posal. Fish and Wildlife has done this 2953 beach and between cottages. They have in other places. For some reason, they Ms. MURKOWSKI. Mr. President, I co-existed with the habitat for over 200 don’t want to do it in North Carolina. call up the following amendments en years. The turtles, ducks, and wildlife The last test for any Member of Con- bloc and ask that they be reported by have thrived. The species of that habi- gress and anybody in this country number and be considered en bloc, tat have survived because there is no should be: What will it cost us to do along with amendment No. 2963, offered better protector of the species than this? What am I asking you to pay to by Senator MURKOWSKI: Cantwell these animals. They eat what they do this? The answer is zero. There is no amendment No. 3276; Klobuchar amend- need without removing the roots, Federal cost to this legislation. We can ment No. 3302, as modified; Flake which is what helps them to repopulate sustain the herd for the future, and it amendment No. 3055; Flake amendment and stay alive. will not cost taxpayers anything. We No. 3050; Hatch amendment No. 3237; Here is the problem: This herd has have a private entity that will take re- Murkowski amendment No. 3308; Heller been mandated to be held at 60 horses, sponsibility for the management of the amendment No. 3286, as modified; Vit- and every scientific study on genetics fund. ter amendment No. 3075; Portman shows you have to have more than 100 We don’t in any way, shape, or form amendment No. 3168; Shaheen amend- or 120 to have genetic sustainability. limit Fish and Wildlife from the stand- ment No. 3292, as modified; Heinrich What are we proposing? This act pro- point of their ability to fence off what- amendment No. 3155; Manchin amend- poses that we bring 20 horses from the ever they believe is environmentally ment No. 3270; Cantwell amendment Shackleford reserve and integrate sensitive. And we have horses that No. 3313, as modified; Cantwell amend- them with the horses on the Outer have lived with ducks, geese, and sea ment No. 3214; Vitter amendment No. Banks, which is a mere 2 hours away. turtles for over 200 years and have 3266; Sullivan amendment No. 3310; This herd is similar from the stand- never seen a problem with it. Heinrich amendment No. 3317; Vitter point of its creation. By doing this, we The Presiding Officer has been pa- amendment No. 3265, as modified; will begin to inject genetics into this tient. I say to my colleagues: Don’t Kaine amendment No. 3012; Alexander so we don’t have the genetic deformi- make a mistake. Support this legisla- amendment No. 3290; Gillibrand amend- ties that are beginning to be experi- tion. It is the right thing to do. It ment No. 3004; Warner amendment No. enced with the Corolla horses. If we doesn’t cost the taxpayers money, and 3233, as modified; Thune amendment don’t act now, we could lose these it embraces everything that I think No. 3239; Udall amendment No. 3221; horses, and it is all due to genetic in- America stands for, and that is the Coons amendment No. 3203; Portman breeding. preservation of the history of this The reason I am embarrassed to be amendment No. 3309, as modified; country. Believe it or not, these horses Flake amendment No. 3229; and Inhofe here is that this is something that represent over 200 years of history in ought to be done by unanimous con- amendment No. 3251. North Carolina, and that is why we The PRESIDING OFFICER. The sent. Every person in this body should made it our State horse. embrace this legislation. Yet the Fish clerk will report the amendments by I thank the Presiding Officer, and I number. and Wildlife Service is opposed to this. yield back my time. And there is nothing that says that The senior assistant legislative clerk Fish and Wildlife can’t build a fence f read as follows: around the wildlife reserve. It existed RECESS The Senator from Alaska [Ms. MUR- for hundreds of years in the wildlife re- KOWSKI], for herself and others, proposes The PRESIDING OFFICER. Under amendments numbered 3276; 3302, as modi- serve before and after it was designated the previous order, the Senate stands fied; 3055; 3050; 3237; 3308; 3286, as modified; as a wildlife reserve. As a matter of in recess until 2:15 p.m. 3075; 3168; 3292, as modified; 3155; 3270; 3313, as fact, 70 percent of the land on which Thereupon, the Senate, at 12:54 p.m., modified; 3214; 3266; 3310; 3317; 3265, as modi- these horses roam is private. The land recessed until 2:15 p.m. and reassem- fied; 3012; 3290; 3004; 3233, as modified; 3239; for the wildlife refuge is only 30 per- bled when called to order by the Pre- 3221; 3203; 3309, as modified; 3229; and 3251 en bloc to amendment No. 2953. cent, but 70 percent of the land is pri- siding Officer (Mr. PORTMAN). vately owned, and the private land- The amendments are as follows: f owners are all for making this herd ge- AMENDMENT NO. 3276 netically sustainable. ENERGY POLICY MODERNIZATION (Purpose: To strike certain provisions relat- If we don’t do this legislatively, let ACT OF 2015 ing to technology demonstration on the me assure you that the Fish and Wild- The PRESIDING OFFICER. Under distribution system, large-scale geo- life Service is going to hold the number thermal energy, and bio-power initiatives) the previous order, the Senate will re- at 60. If they hold the herd at 60, the Strike section 2303. sume consideration of S. 2012, which herd will genetically burn out. I don’t Strike section 3009. the clerk will report. know what Fish and Wildlife is going Strike section 3017. The senior assistant legislative clerk to do. The herd is at 80 today. The herd AMENDMENT NO. 3302, AS MODIFIED read as follows: needs new genetics entered into it to (Purpose: To modify provisions relating to change the trend, but Fish and Wildlife A bill (S. 2012) to provide for the mod- the energy efficiency materials pilot pro- ernization of the energy policy of the United gram) could go out tomorrow and shoot 20 States, and for other purposes. horses. I am sure they would probably Beginning on page 37, strike line 16 and all tell us that they would take 20 horses Pending: that follows through page 41, line 14 and in- and put them somewhere else. Where Murkowski amendment No. 2953, in the na- sert the following: are they going to put them? Inject ture of a substitute. SEC. 1004. ENERGY EFFICIENCY MATERIALS Murkowski (for Cassidy/Markey) amend- PILOT PROGRAM. them into another genetic herd and in- ment No. 2954 (to amendment No. 2953), to (a) DEFINITIONS.—In this section: crease their sustainability? Maybe so. provide for certain increases in, and limita- (1) APPLICANT.—The term ‘‘applicant’’ But if you do it somewhere else, why tions on, the drawdown and sales of the Stra- means a nonprofit organization that applies wouldn’t you do the same thing here? tegic Petroleum Reserve. for a grant under this section.

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(2) ENERGY-EFFICIENCY MATERIALS.— program and to provide increased trans- project, funding levels, project duration, (A) IN GENERAL.—The term ‘‘energy-effi- parency for customers, to publish on a pub- contractor or grantee name, and expected ciency materials’’ means a measure (includ- licly available website of the Western Area objectives and milestones. ing a product, equipment, or system) that re- Power Administration, a searchable database (d) RELEVANT LITERATURE AND PATENTS.— sults in a reduction in use by a nonprofit or- of the following information, beginning with To the maximum extent practicable, the ganization for energy or fuel supplied from fiscal year 2008, relating to the Western Area Secretary shall provide information through outside the nonprofit building. Power Administration: the public database established under sub- (B) INCLUSIONS.—The term ‘‘energy-effi- (1) By power system, rates charged to cus- section (a) on relevant literature and patents ciency materials’’ includes an item involv- tomers for power and transmission service. that are associated with each research and ing— (2) By power system, the amount of capac- development project contract, grant, or co- (i) a roof or lighting system, or component ity or energy sold. operative agreement, or other transaction, of of a roof or lighting system; (3) By region, a detailed accounting of the the Department. (ii) a window; allocation of budget authority, including— AMENDMENT NO. 3237 (iii) a door, including a security door; or (A) overhead costs; (Purpose: To require the Secretary of the In- (iv) a heating, ventilation, or air condi- (B) the number of contractors; and terior to submit recommendations to Con- tioning system or component of the system (C) the number of full-time equivalents. gress on incorporating Internet-based lease (including insulation and wiring and plumb- (4) For the corporate services office, a de- sales for the sale of Federal oil and gas in ing materials needed to serve a more effi- tailed accounting of the allocation of budget certain circumstances) cient system); and authority, including— At the end of subtitle B of title III, add the (v) a renewable energy generation or heat- (A) overhead costs; following: ing system, including a solar, photovoltaic, (B) the number of contractors; wind, geothermal, or biomass (including (C) the number of full-time equivalents; SEC. 31ll. REPORT ON INCORPORATING INTER- wood pellet) system or component of the sys- and NET-BASED LEASE SALES. tem. (D) expenses charged to other Federal Not later than 180 days after the date of enactment of this Act, the Secretary of the (3) NONPROFIT BUILDING.— agencies or programs for the administration Interior shall submit to Congress a report (A) IN GENERAL.—The term ‘‘nonprofit of programs not related to the marketing, building’’ means a building operated and transmission, or wheeling of Federal hydro- containing recommendations for the incor- owned by a nonprofit organization. power resources, including— poration of Internet-based lease sales at the Bureau of Land Management in accordance (B) INCLUSIONS.—The term ‘‘nonprofit (i) overhead costs; building’’ includes a building described in (ii) the number of contractors; and with section 17(b)(1)(C) of the Mineral Leas- subparagraph (A) that is— (iii) the number of full-time equivalents. ing Act (30 U.S.C. 226(b)(1)(C)) in the event of (i) a hospital; (5) Capital expenditures, including— an emergency or other disruption causing a (ii) a youth center; (A) capital investments delineated by the disruption to a sale. (iii) a school; year in which each investment is placed into AMENDMENT NO. 3308 (iv) a social-welfare program facility; service; and (Purpose: To clarify certain provisions relat- (v) a faith-based organization; and (B) the sources of capital for each invest- ing to the natural gas pipeline authorized (vi) any other nonresidential and non- ment. in the Denali National Park and Preserve) commercial structure. (b) REPORT.—Not less than once each year At the end of subtitle B of title III, add the (b) ESTABLISHMENT.—Not later than 1 year for the duration of the pilot project under following: after the date of enactment of this Act, the this section, the Administrator shall submit SEC. 31lll. DENALI NATIONAL PARK AND PRE- Secretary shall establish a pilot program to to the Committee on Appropriations of the SERVE NATURAL GAS PIPELINE. award grants for the purpose of providing Senate and the Committee on Appropria- (a) PERMIT.—Section 3(b)(1) of the Denali nonprofit buildings with energy-efficiency tions of the House of Representatives a re- National Park Improvement Act (Public Law materials. port that— 113–33; 127 Stat. 516) is amended by striking (c) GRANTS.— (1) describes the annual estimated avoided ‘‘within, along, or near the approximately 7- (1) IN GENERAL.—The Secretary may award costs and the savings as a result of the pilot mile segment of the George Parks Highway grants under the program established under project under this section; and that runs through the Park’’. subsection (b). (2) includes a certification from the Ad- (b) TERMS AND CONDITIONS.—Section 3(c)(1) (2) APPLICATION.—The Secretary may ministrator that— of the Denali National Park Improvement award a grant under this section if an appli- (A) the rates for each power system do not Act (Public Law 113–33; 127 Stat. 516) is cant submits to the Secretary an application recover costs and expenses recovered by amended— at such time, in such form, and containing other power systems; and (1) in subparagraph (A), by inserting ‘‘and’’ such information as the Secretary may pre- (B) each expense allocated by the cor- after the semicolon; scribe. porate services office to an individual power (2) by striking subparagraph (B); and (3) CRITERIA FOR GRANT.—In determining system is only recovered once. (3) by redesignating subparagraph (C) as whether to award a grant under this section, (c) TERMINATION.—The pilot project under subparagraph (B). the Secretary shall apply performance-based this section shall terminate on the date that (c) APPLICABLE LAW.—Section 3 of the criteria, which shall give priority to applica- is 10 years after the date of enactment of Denali National Park Improvement Act tions based on— this Act. (Public Law 113–33; 127 Stat. 515) is amended (A) the energy savings achieved; AMENDMENT NO. 3050 by adding at the end the following: (B) the cost-effectiveness of the use of en- (Purpose: To require the Secretary of Energy ‘‘(d) APPLICABLE LAW.—A high pressure gas ergy-efficiency materials; to make available certain information transmission pipeline (including appur- (C) an effective plan for evaluation, meas- about research grants of the Department of tenances) in a nonwilderness area within the urement, and verification of energy savings; Energy.) boundary of the Park, shall not be subject to and At the end of subtitle E of title IV, add the title XI of the Alaska National Interest (D) the financial need of the applicant. following: Lands Conservation Act (16 U.S.C. 3161 et (4) LIMITATION ON INDIVIDUAL GRANT SEC. 4405. RESEARCH GRANTS DATABASE. seq.).’’. AMOUNT.—Each grant awarded under this sec- AMENDMENT NO. 3286, AS MODIFIED tion shall not exceed $200,000. (a) IN GENERAL.—The Secretary shall es- (d) AUTHORIZATION OF APPROPRIATIONS.— tablish and maintain a public database, ac- (Purpose: To promote the development of There is authorized to be appropriated to cessible on the website of the Department, renewable energy on public land) carry out this section $10,000,000 for each of that contains a searchable listing of every On page 244, between lines 13 and 14, insert fiscal years 2016 through 2020, to remain unclassified research and development the following: available until expended. project contract, grant, cooperative agree- ment, task order for federally funded re- Subpart B—Development of Geothermal, AMENDMENT NO. 3055 search and development centers, or other Solar, and Wind Energy on Public Land (Purpose: To establish a pilot project relat- transaction administered by the Depart- SEC. 3011A. DEFINITIONS. ing to the Western Area Power Adminis- ment. In this subpart: tration) (b) CLASSIFIED PROJECTS.—Each year, the (1) COVERED LAND.—The term ‘‘covered At the appropriate place, insert the fol- Secretary shall submit to the relevant com- land’’ means land that is— lowing: mittees of Congress a report that lists every (A) public land administered by the Sec- SEC. llll. WESTERN AREA POWER ADMINIS- classified project of the Department, includ- retary; and TRATION PILOT PROJECT. ing all relevant details of the projects. (B) not excluded from the development of (a) IN GENERAL.—The Administrator of the (c) REQUIREMENTS.—Each listing described geothermal, solar, or wind energy under— Western Area Power Administration (re- in subsections (a) and (b) shall include, at a (i) a land use plan established under the ferred to in this section as the ‘‘Adminis- minimum, for each listed project, the compo- Federal Land Policy and Management Act of trator’’) shall establish a pilot project, as nent carrying out the project, the project 1976 (43 U.S.C. 1701 et seq.); or part of the continuous process improvement name, an abstract or summary of the (ii) other Federal law.

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(2) EXCLUSION AREA.—The term ‘‘exclusion pact statement under this section shall not (A) consultation regarding, and prepara- area’’ means covered land that is identified result in any delay in processing an applica- tion of, biological opinions under section 7 of by the Bureau of Land Management as not tion for a renewable energy project. the Endangered Species Act of 1973 (16 U.S.C. suitable for development of renewable en- (f) COORDINATION.—In developing a supple- 1536); ergy projects. ment required by this section, the Secretary (B) permits under section 404 of Federal (3) PRIORITY AREA.—The term ‘‘priority shall coordinate, on an ongoing basis, with Water Pollution Control Act (33 U.S.C. 1344); area’’ means covered land identified by the appropriate State, tribal, and local govern- (C) regulatory matters under the Clean Air land use planning process of the Bureau of ments, transmission infrastructure owners Act (42 U.S.C. 7401 et seq.); Land Management as being a preferred loca- and operators, developers, and other appro- (D) planning under section 14 of the Na- tion for a renewable energy project. priate entities to ensure that priority areas tional Forest Management Act of 1976 (16 (4) PUBLIC LAND.—The term ‘‘public land’’ identified by the Secretary are— U.S.C. 472a); has the meaning given the term ‘‘public (1) economically viable (including having (E) the Federal Land Policy and Manage- lands’’ in section 103 of the Federal Land access to transmission); ment Act of 1976 (43 U.S.C. 1701 et seq.); Policy and Management Act of 1976 (43 (2) likely to avoid or minimize conflict (F) the Migratory Bird Treaty Act (16 U.S.C. 1702). with habitat for animals and plants, recre- U.S.C. 703 et seq.); and (5) RENEWABLE ENERGY PROJECT.—The term ation, and other uses of covered land; and (G) the preparation of analyses under the ‘‘renewable energy project’’ means a project (3) consistent with section 202 of the Fed- National Environmental Policy Act of 1969 carried out on covered land that uses wind, eral Land Policy and Management Act of (42 U.S.C. 4321 et seq.). solar, or geothermal energy to generate en- 1976 (43 U.S.C. 1712), including subsection (2) DUTIES.—Each employee assigned under ergy. (c)(9) of that section. paragraph (1) shall— (6) SECRETARY.—The term ‘‘Secretary’’ (g) REMOVAL FROM CLASSIFICATION.—In (A) be responsible for addressing all issues means the Secretary of the Interior. carrying out subsections (a), (c), and (d), if relating to the jurisdiction of the home of- (7) VARIANCE AREA.—The term ‘‘variance the Secretary determines an area previously fice or agency of the employee; and area’’ means covered land that is— suited for development should be removed (B) participate as part of the team of per- (A) not an exclusion area; and from priority or variance classification, not sonnel working on proposed energy projects, (B) not a priority area. later than 90 days after the date of the deter- planning, monitoring, inspection, enforce- SEC. 3011B. LAND USE PLANNING; SUPPLEMENTS mination, the Secretary shall submit to Con- ment, and environmental analyses. TO PROGRAMMATIC ENVIRON- gress a report on the determination. (d) ADDITIONAL PERSONNEL.—The Secretary MENTAL IMPACT STATEMENTS. SEC. 3011C. ENVIRONMENTAL REVIEW ON COV- may assign additional personnel for the re- (a) PRIORITY AREAS.— ERED LAND. newable energy coordination offices as are (1) IN GENERAL.—The Secretary, in con- (a) IN GENERAL.—If the Secretary deter- necessary to ensure the effective implemen- sultation with the Secretary of Energy, shall mines that a proposed renewable energy tation of any programs administered by establish priority areas on covered land for project has been sufficiently analyzed by a those offices, including inspection and en- geothermal, solar, and wind energy projects. programmatic environmental impact state- forcement relating to renewable energy (2) DEADLINE.— ment conducted under section 3011B(d), the project development on covered land, in ac- (A) GEOTHERMAL ENERGY.—For geothermal Secretary shall not require any additional cordance with the multiple use mandate of energy, the Secretary shall establish priority review under the National Environmental the Federal Land Policy and Management areas as soon as practicable, but not later Policy Act of 1969 (42 U.S.C. 4321 et seq.). Act of 1976 (43 U.S.C. 1701 et seq.). (b) ADDITIONAL ENVIRONMENTAL REVIEW.— than 5 years, after the date of enactment of (e) RENEWABLE ENERGY COORDINATION OF- If the Secretary determines that additional this Act. FICES.—In implementing the program estab- (B) SOLAR ENERGY.—For solar energy, the environmental review under the National lished under this section, the Secretary may solar energy zones established by the 2012 Environmental Policy Act of 1969 (42 U.S.C. establish additional renewable energy co- western solar plan of the Bureau of Land 4321 et seq.) is necessary for a proposed re- ordination offices or temporarily assign the Management shall be considered to be pri- newable energy project, the Secretary shall qualified staff described in subsection (c) to ority areas for solar energy projects. rely on the analysis in the programmatic en- a State, district, or field office of the Bureau (C) WIND ENERGY.—For wind energy, the vironmental impact statement conducted of Land Management to expedite the permit- Secretary shall establish priority areas as under section 3011B(d), to the maximum ex- ting of renewable energy projects, as the soon as practicable, but not later than 3 tent practicable when analyzing the poten- Secretary determines to be necessary. tial impacts of the project. years, after the date of enactment of this (f) REPORT TO CONGRESS.— (c) RELATIONSHIP TO OTHER LAW.—Nothing Act. (1) IN GENERAL.—Not later than February 1 in this section modifies or supersedes any re- (b) VARIANCE AREAS.—To the maximum ex- of the first fiscal year beginning after the quirement under applicable law, including tent practicable, variance areas shall be con- date of enactment of this Act, and each Feb- the National Environmental Policy Act of sidered for renewable energy project develop- ruary 1 thereafter, the Secretary shall sub- ment, consistent with the principles of mul- 1969 (42 U.S.C. 4321 et seq.). mit to the Committee on Energy and Nat- tiple use as defined in the Federal Land Pol- SEC. 3011D. PROGRAM TO IMPROVE RENEWABLE ural Resources of the Senate and the Com- icy and Management Act of 1976 (43 U.S.C. ENERGY PROJECT PERMIT COORDI- mittee on Natural Resources of the House of 1701 et seq.). NATION. Representatives a report describing the (c) REVIEW AND MODIFICATION.—Not less (a) ESTABLISHMENT.—The Secretary shall frequently than once every 10 years, the Sec- establish a program to improve Federal per- progress made pursuant to the program retary shall— mit coordination with respect to renewable under this subpart during the preceding (1) review the adequacy of land allocations energy projects on covered land. year. for geothermal, solar, and wind energy pri- (b) MEMORANDUM OF UNDERSTANDING.— (2) INCLUSIONS.—Each report under this ority and variance areas for the purpose of (1) IN GENERAL.—Not later than 180 days subsection shall include— encouraging new renewable energy develop- after the date of enactment of this Act, the (A) projections for renewable energy pro- ment opportunities; and Secretary shall enter into a memorandum of duction and capacity installations; and (2) based on the review carried out under understanding for purposes of this section, (B) a description of any problems relating paragraph (1), add, modify, or eliminate pri- including to specifically expedite the envi- to leasing, permitting, siting, or production. ority, variance, and exclusion areas. ronmental analysis of applications for SEC. 3011E. SAVINGS CLAUSE. (d) COMPLIANCE WITH THE NATIONAL ENVI- projects proposed in a variance area, with— Nothing in this subpart establishes— RONMENTAL POLICY ACT.—For purposes of (A) the Secretary of Agriculture; and (1) a priority or preference for the develop- this section, compliance with the National (B) the Assistant Secretary of the Army ment of renewable energy projects on public Environmental Policy Act of 1969 (42 U.S.C. for Civil Works. land over other energy-related or mineral 4321 et seq.) shall be accomplished— (2) STATE PARTICIPATION.—The Secretary projects or other uses of public land; or (1) for geothermal energy, by may request the Governor of any interested (2) an exception to the requirement that supplementing the October 2008 final pro- State to be a signatory to the memorandum public land be managed consistent with the grammatic environmental impact statement of understanding under paragraph (1). principle of multiple use (as defined in sec- for geothermal leasing in the western United (c) DESIGNATION OF QUALIFIED STAFF.— tion of section 103 of the Federal Land Policy States; (1) IN GENERAL.—Not later than 90 days and Management Act of 1976 (43 U.S.C. 1702)). (2) for solar energy, by supplementing the after the date on which the memorandum of On page 244, line 14, strike ‘‘Subpart B’’ July 2012 final programmatic environmental understanding under subsection (b) is exe- and insert ‘‘Subpart C’’. cuted, all Federal signatories, as appro- impact statement for solar energy projects; AMENDMENT NO. 3075 and priate, shall identify for each of the Bureau (3) for wind energy, by supplementing the of Land Management Renewable Energy Co- (Purpose: To require the Bureau of Safety July 2005 final programmatic environmental ordination Offices an employee who has ex- and Environmental Enforcement to review impact statement for wind energy projects. pertise in the regulatory issues relating to the economic impact of a rule on small en- (e) NO EFFECT ON PROCESSING APPLICA- the office in which the employee is em- tities) TIONS.—A requirement to prepare a supple- ployed, including, as applicable, particular At the appropriate place, insert the fol- ment to a programmatic environmental im- expertise in— lowing:

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REVIEW OF ECONOMIC IMPACT OF or devices described in section 321(36)(A)(ii), Energy Regulatory Commission and other BSEE RULE ON SMALL ENTITIES. the Secretary may prescribe under this part, appropriate entities, shall issue model guid- (a) DEFINITIONS.—In this section— not earlier than 1 year after the date on ance for interconnection service and addi- (1) the term ‘‘BSEE’’ means the Bureau of which a test procedure has been prescribed, tional services for use by State regulatory Safety and Environmental Enforcement; an energy conservation standard for such authorities and nonregulated electric utili- (2) the term ‘‘Chief Counsel’’ means the equipment.’’. ties to reduce the barriers identified under Chief Counsel for Advocacy of the Small (c) TECHNICAL CORRECTIONS.— subsection (b)(1). Business Administration; (1) Section 321(6)(B) of the Energy Policy (2) CURRENT BEST PRACTICES.—The model (3) the term ‘‘covered proposed rule’’ and Conservation Act (42 U.S.C. 6291(6)(B)) is guidance issued under this subsection shall means the proposed rule of the BSEE enti- amended by striking ‘‘(19)’’ and inserting reflect, to the maximum extent practicable, tled ‘‘Oil and Gas and Sulphur Operations in ‘‘(20)’’. current best practices to encourage the de- the Outer Continental Shelf—Blowout Pre- (2) Section 324 of the Energy Policy and ployment of combined heat and power sys- venter Systems and Well Control’’ (80 Fed. Conservation Act (42 U.S.C. 6294) is amended tems and waste heat to power systems while Reg. 21504 (April 17, 2015)); and by striking ‘‘(19)’’ each place it appears in ensuring the safety and reliability of the (4) the term ‘‘small entity’’ has the mean- each of subsections (a)(3), (b)(1)(B), (b)(3), interconnected units and the distribution ing given the term in section 601 of title 5, and (b)(5) and inserting ‘‘(20)’’. and transmission networks to which the United States Code. (3) Section 325(l) of the Energy Policy and units connect, including— (b) REQUIREMENT TO CONDUCT REVIEW.— Conservation Act (42 U.S.C. 6295(l)) is amend- (A) relevant current standards developed (1) IN GENERAL.—If the BSEE issues a final ed by striking ‘‘paragraph (19)’’ each place it by the Institute of Electrical and Electronic rule for the covered proposed rule, then not appears and inserting ‘‘paragraph (20)’’. Engineers; and later than 1 year after the effective date of AMENDMENT NO. 3292, AS MODIFIED (B) model codes and rules adopted by— the final rule the BSEE, in consultation with (Purpose: To reduce barriers to combined (i) States; or the Chief Counsel, shall complete a review of heat and power systems and waste heat to (ii) associations of State regulatory agen- the final rule under section 610 of title 5, power systems) cies. United States Code. (3) FACTORS FOR CONSIDERATION.—In estab- At the end of subtitle D of title II, add the (2) ASSESSMENT OF ECONOMIC IMPACT.—In lishing the model guidance under this sub- following: conducting the review required under para- section, the Secretary shall take into consid- graph (1), the BSEE, in consultation with the SEC. 23ll. MODEL GUIDANCE FOR COMBINED eration— Chief Counsel, shall assess the economic im- HEAT AND POWER SYSTEMS AND WASTE HEAT TO POWER SYSTEMS. (A) the appropriateness of using standards pact of the final rule on small entities in the or procedures for interconnection service (a) DEFINITIONS.—In this section: oil and gas supply chain. that vary based on unit size, fuel type, or (1) ADDITIONAL SERVICES.—The term ‘‘addi- (3) REPORT.—Not later than 180 days after tional services’’ means the provision of sup- other relevant characteristics; the date on which the review is completed (B) the appropriateness of establishing under this subsection, the BSEE, in con- plementary power, backup or standby power, maintenance power, or interruptible power fast-track procedures for interconnection sultation with the Chief Counsel, shall sub- service; mit to Congress a report on the findings of to an electric consumer by an electric util- ity. (C) the value of consistency with Federal the review. interconnection rules established by the Fed- (2) WASTE HEAT TO POWER SYSTEM.— AMENDMENT NO. 3168 eral Energy Regulatory Commission as of (A) IN GENERAL.—The term ‘‘waste heat to (Purpose: To exclude power supply circuits, power system’’ means a system that gen- the date of enactment of this Act; drivers, and devices designed to be con- erates electricity through the recovery of (D) the best practices used to model outage nected to, and power, light-emitting diodes waste energy. assumptions and contingencies to determine fees or rates for additional services; or organic light-emitting diodes providing (B) EXCLUSION.—The term ‘‘waste heat to illumination or ceiling fans using direct power system’’ does not include a system (E) the appropriate duration, magnitude, current motors from energy conservation that generates electricity through the recov- or usage of demand charge ratchets; standards for external power supplies) ery of a heat resource from a process the pri- (F) potential alternative arrangements At the appropriate place, insert the fol- mary purpose of which is the generation of with respect to the procurement of addi- lowing: electricity using a fossil fuel. tional services, including— (i) contracts tailored to individual electric llll (3) OTHER TERMS.— SEC. . APPLICATION OF ENERGY CON- consumers for additional services; SERVATION STANDARDS TO CER- (A) PURPA.—The terms ‘‘electric con- TAIN EXTERNAL POWER SUPPLIES. sumer’’, ‘‘electric utility’’, ‘‘interconnection (ii) procurement of additional services by (a) DEFINITION OF EXTERNAL POWER SUP- service’’, ‘‘nonregulated electric utility’’, an electric utility from a competitive mar- PLY.—Section 321(36)(A) of the Energy Policy and ‘‘State regulatory authority’’ have the ket; and and Conservation Act (42 U.S.C. 6291(36)(A)) meanings given those terms in the Public (iii) waivers of fees or rates for additional is amended— Utility Regulatory Policies Act of 1978 (16 services for small electric consumers; and (1) by striking the subparagraph designa- U.S.C. 2601 et seq.), within the meaning of (G) outcomes such as increased electric re- tion and all that follows through ‘‘The term’’ title I of that Act (16 U.S.C. 2611 et seq.). liability, fuel diversification, enhanced and inserting the following: (B) EPCA.—The terms ‘‘combined heat and power quality, and reduced electric losses ‘‘(A) EXTERNAL POWER SUPPLY.— power system’’ and ‘‘waste energy’’ have the that may result from increased use of com- ‘‘(i) IN GENERAL.—The term’’; and meanings given those terms in section 371 of bined heat and power systems and waste (2) by adding at the end the following: the Energy Policy and Conservation Act (42 heat to power systems. ‘‘(ii) EXCLUSION.—The term ‘external power U.S.C. 6341). AMENDMENT NO. 3155 supply’ does not include a power supply cir- (b) REVIEW.— (Purpose: To ensure that minority serving- N GENERAL.—Not later than 180 days cuit, driver, or device that is designed exclu- (1) I institutions are considered in developing a after the date of enactment of this Act, the sively to be connected to, and power— strategy for the support and development Secretary, in consultation with the Federal ‘‘(I) light-emitting diodes providing illu- of a skilled energy workforce, and to en- Energy Regulatory Commission and other mination; sure the Secretary of Energy shall provide appropriate entities, shall review existing ‘‘(II) organic light-emitting diodes pro- direct assistance in carrying out the en- rules and procedures relating to interconnec- viding illumination; or ergy workforce pilot grant program) ‘‘(III) ceiling fans using direct current mo- tion service and additional services through- tors.’’. out the United States for electric generation On page 320, between lines 2 and 3, insert (b) STANDARDS FOR LIGHTING POWER SUP- with nameplate capacity up to 20 megawatts the following: PLY CIRCUITS.— to identify barriers to the deployment of (f) OUTREACH TO MINORITY-SERVING INSTITU- (1) DEFINITION.—Section 340(2)(B) of the En- combined heat and power systems and waste TIONS.—In developing the strategy under sub- ergy Policy and Conservation Act (42 U.S.C. heat to power systems. section (a), the Board shall— 6311(2)(B)) is amended by striking clause (v) (2) INCLUSION.—The review under this sub- (1) give special consideration to increasing and inserting the following: section shall include a review of existing outreach to minority-serving institutions ‘‘(v) electric lights and lighting power sup- rules and procedures relating to— (including historically black colleges and ply circuits;’’. (A) determining and assigning costs of universities, predominantly black institu- (2) ENERGY CONSERVATION STANDARD FOR interconnection service and additional serv- tions, Hispanic serving institutions, and CERTAIN EQUIPMENT.—Section 342 of the En- ices; and tribal institutions); ergy Policy and Conservation Act (42 U.S.C. (B) ensuring adequate cost recovery by an (2) make resources available to minority- 6313) is amended by adding at the end the fol- electric utility for interconnection service serving institutions with the objective of in- lowing: and additional services. creasing the number of skilled minorities ‘‘(g) LIGHTING POWER SUPPLY CIRCUITS.—If (c) MODEL GUIDANCE.— and women trained to go into the energy and the Secretary, acting pursuant to section (1) IN GENERAL.—Not later than 18 months manufacturing sectors; and 341(b), includes as a covered equipment solid after the date of enactment of this Act, the (3) encourage industry to improve the op- state lighting power supply circuits, drivers, Secretary, in consultation with the Federal portunities for students of minority-serving

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institutions to participate in industry in- ‘‘(4) TRANSFORMATIONAL TECHNOLOGY.— ‘‘(iii) organizations that promote coal and ternships and cooperative work-study pro- ‘‘(A) IN GENERAL.—The term ‘trans- advanced coal technologies; grams. formational technology’ means a power gen- ‘‘(iv) environmental organizations; On page 320, line 3, strike ‘‘(f)’’ and insert eration technology that represents an en- ‘‘(v) organizations representing workers; ‘‘(g)’’. tirely new way to convert energy that will and On page 324, strike line 9 and insert the fol- enable a step change in performance, effi- ‘‘(vi) organizations representing con- lowing: ciency, and cost of electricity as compared sumers. (j) DIRECT ASSISTANCE.—In awarding grants to the technology in existence on the date of ‘‘(c) REPORT.— under this section, the Secretary shall pro- enactment of this section. ‘‘(1) IN GENERAL.—Not later than 18 months vide direct assistance (including technical ‘‘(B) INCLUSIONS.—The term ‘trans- after the date of enactment of this section, expertise, wraparound services, career coach- formational technology’ includes a broad the Secretary shall submit to Congress a re- ing, mentorships, internships, and partner- range of technology improvements, includ- port describing the performance standards ships) to entities that receive a grant under ing— adopted under subsection (b)(3). this section. ‘‘(i) thermodynamic improvements in en- ‘‘(2) UPDATE.—Not less frequently than (k) TECHNICAL ASSISTANCE.—The Secretary ergy conversion and heat transfer, includ- once every 2 years after the initial report is shall ing— submitted under paragraph (1), the Secretary On page 324, line 14, strike ‘‘(k)’’ and insert ‘‘(I) oxygen combustion; shall submit to Congress a report describing ‘‘(l)’’. ‘‘(II) chemical looping; and On page 325, line 3, strike ‘‘(l)’’ and insert ‘‘(III) the replacement of steam cycles with the progress made towards achieving the ob- ‘‘(m)’’. supercritical carbon dioxide cycles; jectives and performance standards adopted under subsection (b)(3). AMENDMENT NO. 3270 ‘‘(ii) improvements in turbine technology; (Purpose: To modify provisions relating to ‘‘(iii) improvements in carbon capture sys- ‘‘(d) FUNDING.— the coal technology program) tems technology; and ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iv) any other technology the Secretary There are authorized to be appropriated to Beginning on page 304, strike line 11 and recognizes as transformational technology. the Secretary to carry out this section, to all that follows through page 311, line 7, and ‘‘(b) COAL TECHNOLOGY PROGRAM.— remain available until expended— insert the following: ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(A) for activities under the research and (b) ESTABLISHMENT OF COAL TECHNOLOGY tablish a coal technology program to ensure development program component described PROGRAM.—The Energy Policy Act of 2005 (as the continued use of the abundant, domestic amended by subsection (a)) is amended by in- in subsection (b)(2)(A)— coal resources of the United States through ‘‘(i) $275,000,000 for each of fiscal years 2017 serting after section 961 (42 U.S.C. 16291) the the development of technologies that will through 2020; and following: significantly improve the efficiency, effec- ‘‘(ii) $200,000,000 for fiscal year 2021; ‘‘SEC. 962. COAL TECHNOLOGY PROGRAM. tiveness, costs, and environmental perform- ‘‘(B) for activities under the demonstration ‘‘(a) DEFINITIONS.—In this section: ance of coal use. projects program component described in ‘‘(1) LARGE-SCALE PILOT PROJECT.—The ‘‘(2) REQUIREMENTS.—The program shall in- subsection (b)(2)(C)— term ‘large-scale pilot project’ means a pilot clude— ‘‘(i) $50,000,000 for each of fiscal years 2017 project that— ‘‘(A) a research and development program; through 2020; and ‘‘(A) represents the scale of technology de- ‘‘(B) large-scale pilot projects; ‘‘(ii) $75,000,000 for fiscal year 2021; velopment beyond laboratory development ‘‘(C) demonstration projects; and ‘‘(C) subject to paragraph (2), for activities and bench scale testing, but not yet ad- ‘‘(D) net-negative carbon dioxide emissions under the large-scale pilot projects program vanced to the point of being tested under projects. component described in subsection (b)(2)(B), real operational conditions at commercial ‘‘(3) PROGRAM GOALS AND OBJECTIVES.—In $285,000,000 for each of fiscal years 2017 scale; consultation with the interested entities de- through 2021; and ‘‘(B) represents the scale of technology scribed in paragraph (4)(C), the Secretary ‘‘(D) for activities under the net-negative necessary to gain the operational data need- shall develop goals and objectives for the carbon dioxide emissions projects program ed to understand the technical and perform- program to be applied to the technologies de- component described in subsection (b)(2)(D), ance risks of the technology before the appli- veloped within the program, taking into con- $22,000,000 for each of fiscal years 2017 cation of that technology at commercial sideration the following objectives: through 2021. scale or in commercial-scale demonstration; ‘‘(A) Ensure reliable, low-cost power from ‘‘(2) COST SHARING FOR LARGE-SCALE PILOT and new and existing coal plants. PROJECTS.—Activities under subsection ‘‘(C) is large enough— ‘‘(B) Achieve high conversion efficiencies. (b)(2)(B) shall be subject to the cost-sharing ‘‘(i) to validate scaling factors; and ‘‘(C) Address emissions of carbon dioxide requirements of section 988(b).’’. ‘‘(ii) to demonstrate the interaction be- through high-efficiency platforms and car- tween major components so that control phi- bon capture from new and existing coal AMENDMENT NO. 3313, AS MODIFIED losophies for a new process can be developed plants. and enable the technology to advance from ‘‘(D) Support small-scale and modular (Purpose: To express the sense of the Senate large-scale pilot plant application to com- technologies to enable incremental capacity on accelerating energy innovation) mercial-scale demonstration or application. additions and load growth and large-scale At the end of subtitle C of title IV, add the ‘‘(2) NET-NEGATIVE CARBON DIOXIDE EMIS- generation technologies. following: SIONS PROJECT.—The term ‘net-negative car- ‘‘(E) Support flexible baseload operations bon dioxide emissions project’ means a for new and existing applications of coal gen- SEC. 42ll. SENSE OF THE SENATE ON ACCEL- project— eration. ERATING ENERGY INNOVATION. ‘‘(A) that employs a technology for ‘‘(F) Further reduce emissions of criteria It is the sense of the Senate that— thermochemical coconversion of coal and pollutants and reduce the use and manage (1) although important progress has been biomass fuels that— the discharge of water in power plant oper- made in cost reduction and deployment of ‘‘(i) uses a carbon capture system; and ations. clean energy technologies, accelerating ‘‘(ii) with carbon dioxide removal, can pro- ‘‘(G) Accelerate the development of tech- clean energy innovation will help meet crit- vide electricity, fuels, or chemicals with net- nologies that have transformational energy ical competitiveness, energy security, and negative carbon dioxide emissions from pro- conversion characteristics. environmental goals; duction and consumption of the end prod- ‘‘(H) Validate geological storage of large (2) accelerating the pace of clean energy ucts, while removing atmospheric carbon di- volumes of anthropogenic sources of carbon innovation in the United States calls for— oxide; dioxide and support the development of the (A) supporting existing research and devel- ‘‘(B) that will proceed initially through a infrastructure needed to support a carbon di- opment programs at the Department and the large-scale pilot project for which front-end oxide use and storage industry. world-class National Laboratories (as de- engineering will be performed for bitu- ‘‘(I) Examine methods of converting coal fined in section 2 of the Energy Policy Act of minous, subbituminous, and lignite coals; to other valuable products and commodities 2005 (42 U.S.C. 15801)); and in addition to electricity. (B) exploring and developing new pathways ‘‘(C) through which each use of coal will be ‘‘(4) CONSULTATIONS REQUIRED.—In carrying for innovators, investors, and decision-mak- combined with the use of a regionally indige- out the program, the Secretary shall— ers to leverage the resources of the Depart- nous form of biomass energy, provided on a ‘‘(A) undertake international collabora- ment for addressing the challenges and com- renewable basis, that is sufficient in quan- tions, as recommended by the National Coal parative strengths of geographic regions; and tity to allow for net-negative emissions of Council; (C) recognizing the financial constraints of carbon dioxide (in combination with a car- ‘‘(B) use existing authorities to encourage the Department, regularly reviewing clean bon capture system), while avoiding impacts international cooperation; and energy programs to ensure that taxpayer in- on food production activities. ‘‘(C) consult with interested entities, in- vestments are maximized; ‘‘(3) PROGRAM.—The term ‘program’ means cluding— (3) the energy supply, demand, policies, the program established under subsection ‘‘(i) coal producers; markets, and resource options of the United (b)(1). ‘‘(ii) industries that use coal; States vary by geographic region;

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REMOVAL OF USE RESTRICTION. into domestic companies; and legally procuring privately owned helicopter ‘‘(a) The approximately 1-acre portion of (5) Congress, the Secretary, and energy in- fuel, without agreement, from lessees, per- the land referred to in section 3 that is used dustry participants should advance efforts mit holders, operators of federally leased off- for purposes of a child care center, as author- that promote international, domestic, and shore facilities, or independent third parties ized by this Act, shall not be subject to the regional cooperation on the research and de- not under contract with the Bureau of Safe- use restriction imposed in the deed referred velopment of energy innovations that— ty and Environmental Enforcement or an to in section 3. (A) provide clean, affordable, and reliable agent of the Bureau of Safety and Environ- energy for everyone; mental Enforcement. ‘‘(b) Upon enactment of this section, the Secretary of the Interior shall execute an in- (B) promote economic growth; AMENDMENT NO. 3310 (C) are critical for energy security; and strument to carry out subsection (a).’’. (Purpose: To provide for the correction of a (D) are sustainable without government survey of certain land in the State of Alas- AMENDMENT NO. 3290 support. ka) (Purpose: To add a provision relating to sec- AMENDMENT NO. 3214 At the end of subtitle E of title IV, add the ondary use applications of electric vehicle (Purpose: To proved for improved energy following: batteries) emergency response efforts of the Depart- SEC. 44lll. CONVEYANCE OF FEDERAL LAND At the end of section 1306, add the fol- ment of Energy) WITHIN THE SWAN LAKE HYDRO- lowing: ELECTRIC PROJECT BOUNDARY. At the end of subtitle E of title IV, add the (h) SECONDARY USE APPLICATIONS.— Not later than 18 months after the date of following: (1) IN GENERAL.—The Secretary shall carry SEC. 44lll. ENERGY EMERGENCY RESPONSE enactment of this Act, the Secretary of the out a research, development, and demonstra- EFFORTS OF THE DEPARTMENT. Interior, after consultation with the Sec- tion program that— (a) CONGRESSIONAL DECLARATION OF PUR- retary of Agriculture, shall— (A) builds on any work carried out under POSE.—Section 102 of the Department of En- (1) survey the exterior boundaries of the section 915 of the Energy Policy Act of 2005 ergy Organization Act (42 U.S.C. 7112) is tract of Federal land within the project (42 U.S.C. 16195); amended by adding at the end the following: boundary of the Swan Lake Hydroelectric (B) identifies possible uses of a vehicle bat- ‘‘(20) To facilitate the development and im- Project (FERC No. 2911) as generally de- tery after the useful life of the battery in a plementation of a strategy for responding to picted and labeled ‘‘Lost Creek’’ on the map vehicle has been exhausted; energy infrastructure and supply emer- entitled ‘‘Swan Lake Project Boundary—Lot (C) conducts long-term testing to verify gencies through— 2’’ and dated February 1, 2016; and performance and degradation predictions and ‘‘(A) continuously monitoring and pub- (2) issue a patent to the State of Alaska for lifetime valuations for secondary uses; lishing information on the energy delivery the tract described in paragraph (1) in ac- (D) evaluates innovative approaches to re- and supply infrastructure of the United cordance with— cycling materials from plug-in electric drive States, including electricity, liquid fuels, (A) the survey authorized under paragraph vehicles and the batteries used in plug-in natural gas, and coal; (1); electric drive vehicles; ‘‘(B) managing Federal strategic energy re- (B) section 6(a) of the Act of July 7, 1958 (E)(i) assesses the potential for markets for serves; (commonly known as the ‘‘Alaska Statehood uses described in subparagraph (B) to de- ‘‘(C) advising national leadership during Act’’) (48 U.S.C. note prec. 21; Public Law 85– velop; and emergencies on ways to respond to and mini- 508); and (ii) identifies any barriers to the develop- mize energy disruptions; and (C) section 24 of the Federal Power Act (16 ment of those markets; and ‘‘(D) working with Federal agencies and U.S.C. 818). (F) identifies the potential uses of a vehi- State and local governments— AMENDMENT NO. 3317 cle battery— ‘‘(i) to enhance energy emergency pre- (Purpose: To require the Secretary of Energy (i) with the most promise for market devel- paredness; and to ensure that the costs of general and ad- opment; and ‘‘(ii) to respond to and mitigate energy ministrative overhead are not allocated to (ii) for which market development would emergencies.’’. laboratory directed research and develop- be aided by a demonstration project. (b) UNDER SECRETARY FOR SCIENCE AND EN- ment) (2) REPORT.—Not later than 1 year after ERGY.—Section 202(b)(4) of the Department of At the end of subtitle C of title IV, add the the date of enactment of this Act, the Sec- Energy Organization Act (42 U.S.C. 7132(b)(4)) following: retary shall submit to the appropriate com- (as amended by section 4404(a)(3)) is amend- mittees of Congress an initial report on the ed, in subparagraph (B), by inserting ‘‘and SEC. 42ll. RESTORATION OF LABORATORY DI- RECTED RESEARCH AND DEVELOP- findings of the program described in para- applied energy’’ before ‘‘programs of the’’. MENT PROGRAM. graph (1), including recommendations for (c) RESPONSIBILITIES OF ASSISTANT SECRE- The Secretary shall ensure that laboratory stationary energy storage and other poten- TARIES.—Section 203(a) of the Department of operating contractors do not allocate costs tial applications for batteries used in plug-in Energy Organization Act (42 U.S.C. 7133(a)) is of general and administrative overhead to electric drive vehicles. amended by adding at the end the following: laboratory directed research and develop- (3) SECONDARY USE DEMONSTRATION.— ‘‘(12) Emergency response functions, in- ment. (A) IN GENERAL.—Based on the results of cluding assistance in the prevention of, or in the program described in paragraph (1), the AMENDMENT NO. 3265, AS MODIFIED the response to, an emergency disruption of Secretary shall develop guidelines for energy supply, transmission, and distribu- (Purpose: To provide additional priorities for projects that demonstrate the secondary tion.’’. an energy workforce pilot grant program) uses and innovative recycling of vehicle bat- AMENDMENT NO. 3266 In section 3602(d)(9), strike ‘‘or’’ at the end. teries. (Purpose: To require the Comptroller Gen- In section 3602(d)(10), strike the period and (B) PUBLICATION OF GUIDELINES.—Not later eral of the United States to prepare a re- insert a semicolon. than 18 months after the date of enactment port relating to the statutory and regu- In section 3602(d), insert at the end the fol- of this Act, the Secretary shall— latory authority of the Bureau of Safety lowing: (i) publish the guidelines described in sub- and Environmental Enforcement relating (11) establish a community college or 2- paragraph (A); and to the legal procurement of privately year technical college-based ‘‘Center of Ex- (ii) solicit applications for funding for owned helicopter fuel, without agreement, cellence’’ for an energy and maritime work- demonstration projects. from lessees, permit holders, operators of force technical training program; or (C) PILOT DEMONSTRATION PROGRAM.—Not federally leased offshore facilities, or inde- (12) are located in close proximity to ma- later than 21 months after the date of enact- pendent third parties) rine or port facilities in the Gulf of Mexico, ment of this Act, the Secretary shall select Atlantic Ocean, Pacific Ocean, Arctic Ocean, proposals for grant funding under this sec- At the end of subtitle E of title IV, add the Bering Sea, Gulf of Alaska, or Great Lakes. tion, based on an assessment of which pro- following: AMENDMENT NO. 3012 posals are mostly likely to contribute to the SEC. 44ll. GAO REPORT ON BUREAU OF SAFETY development of a secondary market for bat- AND ENVIRONMENTAL ENFORCE- (Purpose: To remove the use restrictions on MENT STATUTORY AND REGU- certain land transferred to Rockingham teries. LATORY AUTHORITY FOR THE PRO- County, Virginia) AMENDMENT NO. 3004 CUREMENT OF HELICOPTER FUEL. At the end, add the following: Not later than 1 year after the date of en- (Purpose: To allow the use of Federal dis- actment of this Act, the Comptroller General TITLE VI—MISCELLANEOUS aster relief and emergency assistance for of the United States shall submit to the SEC. 6001. REMOVAL OF USE RESTRICTION. energy-efficient products and structures) Committee on Energy and Natural Resources Public Law 101–479 (104 Stat. 1158) is At the appropriate place, insert the fol- of the Senate and the Committee on Natural amended— lowing:

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SEC. lll. USE OF FEDERAL DISASTER RELIEF (2) USE RESTRICTION.—The Secretary shall (2) to support a robust, internationally AND EMERGENCY ASSISTANCE FOR restrict the use of 0.139 acres of Federal land competitive United States high-energy phys- ENERGY-EFFICIENT PRODUCTS AND within the boundary of the George Wash- ics program that includes— STRUCTURES. ington Memorial Parkway immediately adja- (A) underground science and engineering (a) IN GENERAL.—Title III of the Robert T. cent to part of the perimeter fence of the Re- research; and Stafford Disaster Relief and Emergency As- search Center, generally depicted as ‘‘C’’ on (B) physical infrastructure. sistance Act (42 U.S.C. 5141 et seq.) is amend- the Map, by prohibiting the storage, con- (c) CO-CHAIRS.—The Director of the Na- ed by adding at the end the following: struction, or installation of any item that tional Science Foundation and the Secretary ‘‘SEC. 327. USE OF ASSISTANCE FOR ENERGY-EF- shall serve as co-chairs of the subcommittee. FICIENT PRODUCTS AND STRUC- may interfere with the access of the Re- (d) RESPONSIBILITIES.—The responsibilities TURES. search Center to the restricted land for secu- of the subcommittee shall be— ‘‘(a) DEFINITIONS.—In this section— rity and maintenance purposes. (1) to provide recommendations on plan- ‘‘(1) the term ‘energy-efficient product’ (3) REIMBURSEMENT OR CONSIDERATION.— ning for construction and stewardship of means a product that— The transfers of administrative jurisdiction large facilities participating in high-energy ‘‘(A) meets or exceeds the requirements for under this subsection shall not be subject to physics; designation under an Energy Star program reimbursement or consideration. (2) to provide recommendations on re- established under section 324A of the Energy (4) COMPLIANCE WITH AGREEMENT.— search coordination and collaboration Policy and Conservation Act (42 U.S.C. (A) AGREEMENT.—The National Park Serv- among the programs and activities of Fed- 6294a); or ice and the Federal Highway Administration eral agencies; ‘‘(B) meets or exceeds the requirements for shall comply with all terms and conditions (3) to establish goals and priorities for designation as being among the highest 25 of the agreement entered into by the parties high-energy physics, underground science, percent of equivalent products for energy ef- on September 11, 2002, regarding the transfer and research and development that will ficiency under the Federal Energy Manage- of administrative jurisdiction, management, strengthen United States competitiveness in ment Program; and and maintenance of the land described in the high-energy physics; ‘‘(2) the term ‘energy-efficient structure’ agreement. (4) to propose methods for engagement means a residential structure, a public facil- (B) ACCESS TO RESTRICTED LAND.— with international, Federal, and State agen- ity, or a private nonprofit facility that (i) IN GENERAL.—Subject to the terms of cies and Federal laboratories not represented meets or exceeds the requirements of Stand- the agreement described in subparagraph on the subcommittee to identify and reduce ard 90.1–2013 of the American Society of (A), the Secretary shall allow the Research regulatory, logistical, and fiscal barriers Heating, Refrigerating and Air-Conditioning Center— that inhibit United States leadership in Engineers or the 2015 International Energy (I) to access the Federal land described in high-energy physics and related underground Conservation Code, or any successor thereto. paragraph (1)(B) for purposes of transpor- ‘‘(b) USE OF ASSISTANCE.—A recipient of as- tation to and from the Research Center; and science; and sistance relating to a major disaster or (II) to access the Federal land described in (5) to develop, and update once every 5 emergency may use the assistance to replace paragraphs (1)(B) and (2) for purposes of years, a strategic plan to guide Federal pro- or repair a damaged product or structure maintenance in accordance with National grams and activities in support of high-en- with an energy-efficient product or energy- Park Service standards, including grass ergy physics research. efficient structure.’’. mowing, weed control, tree maintenance, (e) ANNUAL REPORT.—Annually, the sub- (b) APPLICABILITY.—The amendment made fence maintenance, and maintenance of the committee shall update Congress regarding— by this section shall apply to assistance visual appearance of the Federal land. (1) efforts taken in support of the strategic plan described in subsection (d)(5); made available under the Robert T. Stafford (c) MANAGEMENT OF TRANSFERRED LAND.— (2) an evaluation of the needs for maintain- Disaster Relief and Emergency Assistance (1) INTERIOR LAND.—The Federal land Act (42 U.S.C. 5121 et seq.) before, on, or after transferred to the Secretary under sub- ing United States leadership in high-energy the date of enactment of this Act that is ex- section (b)(1)(B) shall be— physics; and pended on or after the date of enactment of (A) included in the boundary of the George (3) identification of priorities in the area of this Act. Washington Memorial Parkway; and high-energy physics. (f) SUNSET.—The subcommittee shall ter- AMENDMENT NO. 3233, AS MODIFIED (B) administered by the Secretary as part minate on the date that is 10 years after the (Purpose: To authorize, direct, facilitate, and of the George Washington Memorial Park- date of enactment of this Act. expedite the transfer of administrative ju- way, subject to applicable laws (including risdiction of certain Federal land) regulations). AMENDMENT NO. 3221 At the end, add the following: (2) TRANSPORTATION LAND.—The Federal (Purpose: To establish a voluntary WaterSense program within the Environ- TITLE VI—MISCELLANEOUS land transferred to the Secretary of Trans- portation under subsection (b)(1)(A) shall mental Protection Agency) SEC. 6001. INTERAGENCY TRANSFER OF LAND be— At the appropriate place, insert the fol- ALONG GEORGE WASHINGTON ME- MORIAL PARKWAY. (A) included in the boundary of the Re- lowing: (a) DEFINITIONS.—In this section: search Center land; and SEC. llll. WATERSENSE. (1) MAP.—The term ‘‘Map’’ means the map (B) removed from the boundary of the (a) IN GENERAL.—Part B of title III of the entitled ‘‘George Washington Memorial George Washington Memorial Parkway. Energy Policy and Conservation Act is Parkway—Claude Moore Farm Proposed (3) RESTRICTED-USE LAND.—The Federal amended by adding after section 324A (42 Boundary Adjustment’’, numbered land that the Secretary has designated for U.S.C. 6294a) the following: 850l130815, and dated February 2016. restricted use under subsection (b)(2) shall be ‘‘SEC. 324B. WATERSENSE. (2) RESEARCH CENTER.—The term ‘‘Re- maintained by the Research Center. ‘‘(a) ESTABLISHMENT OF WATERSENSE PRO- search Center’’ means the Turner-Fairbank (d) MAP ON FILE.—The Map shall be avail- GRAM.— Highway Research Center of the Federal able for public inspection in the appropriate ‘‘(1) IN GENERAL.—There is established Highway Administration. offices of the National Park Service. within the Environmental Protection Agen- (3) SECRETARY.—The term ‘‘Secretary’’ AMENDMENT NO. 3239 cy a voluntary WaterSense program to iden- means the Secretary of the Interior. tify and promote water-efficient products, (Purpose: To establish a subcommittee to co- (b) ADMINISTRATIVE JURISDICTION TRANS- buildings, landscapes, facilities, processes, ordinate and facilitate United States lead- FER.— and services that, through voluntary label- ership in high-energy physics) (1) TRANSFER OF JURISDICTION.— ing of, or other forms of communications re- (A) GEORGE WASHINGTON MEMORIAL PARK- At the end of subtitle C of title IV, add the garding, products, buildings, landscapes, fa- WAY LAND.—Administrative jurisdiction over following: cilities, processes, and services while meet- the approximately 0.342 acres of Federal land SEC. 42ll. NATIONAL SCIENCE AND TECH- ing strict performance criteria, sensibly— under the jurisdiction of the Secretary with- NOLOGY COUNCIL COORDINATING ‘‘(A) reduce water use; in the boundary of the George Washington SUBCOMMITTEE FOR HIGH-ENERGY ‘‘(B) reduce the strain on public and com- Memorial Parkway, as generally depicted as PHYSICS. munity water systems and wastewater and ‘‘B’’ on the Map, is transferred from the Sec- (a) ESTABLISHMENT.—Not later than 1 year stormwater infrastructure; retary to the Secretary of Transportation. after the date of enactment of this Act, the ‘‘(C) conserve energy used to pump, heat, (B) RESEARCH CENTER LAND.—Administra- National Science and Technology Council transport, and treat water; and tion jurisdiction over the approximately shall establish a subcommittee to coordinate ‘‘(D) preserve water resources for future 0.479 acres of Federal land within the bound- Federal efforts relating to high-energy phys- generations. ary of the Research Center land under the ju- ics research (referred to in this section as ‘‘(2) INCLUSIONS.—The Administrator of the risdiction of the Secretary of Transportation the ‘‘subcommittee’’). Environmental Protection Agency (referred adjacent to the boundary of the George (b) PURPOSES.—The purposes of the sub- to in this section as the ‘Administrator’) Washington Memorial Parkway, as generally committee are— shall, consistent with this section, identify depicted as ‘‘A’’ on the Map, is transferred (1) to maximize the efficiency and effec- water-efficient products, buildings, land- from the Secretary of Transportation to the tiveness of United States investment in scapes, facilities, processes, and services, in- Secretary. high-energy physics; and cluding categories such as—

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‘‘(A) irrigation technologies and services; ‘‘(e) NO WARRANTY.—A WaterSense label ‘‘(3) AVAILABILITY.—Amounts in the Chal- ‘‘(B) point-of-use water treatment devices; shall not create an express or implied war- lenge Fund shall— ‘‘(C) plumbing products; ranty.’’. ‘‘(A) be available to the Secretary for sig- ‘‘(D) reuse and recycling technologies; (b) CONFORMING AMENDMENT.—The table of nature projects and programs under this ‘‘(E) landscaping and gardening products, contents for the Energy Policy and Con- title, without further appropriation; and including moisture control or water enhanc- servation Act (42 U.S.C. prec. 6201) is amend- ‘‘(B) remain available until expended. ing technologies; ed by inserting after the item relating to ‘‘(d) SIGNATURE PROJECTS AND PROGRAMS.— ‘‘(F) xeriscaping and other landscape con- section 324A the following: ‘‘(1) DEVELOPMENT OF LIST.—Not later than versions that reduce water use; ‘‘Sec. 324B. WaterSense.’’. 180 days after the date of enactment of this section, the Secretary shall develop a list of ‘‘(G) whole house humidifiers; and AMENDMENT NO. 3203 signature projects and programs eligible for ‘‘(H) water-efficient buildings or facilities. (Purpose: To provide for a study of waivers ‘‘(b) DUTIES.—The Administrator, coordi- funding from the Challenge Fund. of certain cost-sharing requirements of the nating as appropriate with the Secretary, ‘‘(2) SUBMISSION TO CONGRESS.—The Sec- shall— Department of Energy) retary shall submit to the Committees on ‘‘(1) establish— At the end of subtitle E of title IV, add the Appropriations and Energy and Natural Re- ‘‘(A) a WaterSense label to be used for following: sources of the Senate and the Committees on items meeting the certification criteria es- SEC. 44ll. STUDY OF WAIVERS OF CERTAIN Appropriations and Natural Resources of the tablished in accordance with this section; COST-SHARING REQUIREMENTS. House of Representatives the list developed and Not later than 180 days after the date of under paragraph (1). ‘‘(B) the procedure, including the methods enactment of this Act, the Secretary shall— ‘‘(3) UPDATES.—Subject to the notice re- and means, and criteria by which an item (1) complete a study on the ability of, and quirements under paragraph (2), the Sec- may be certified to display the WaterSense any actions before the date of enactment of retary may add any signature project or pro- label; this Act by, the Secretary to waive the cost- gram to the list developed under paragraph ‘‘(2) enhance public awareness regarding sharing requirement under section 988 of the (1). the WaterSense label through outreach, edu- Energy Policy Act of 2005 (42 U.S.C. 16352); ‘‘(e) DONATIONS AND MATCHING FEDERAL cation, and other means; and FUNDS.— ‘‘(3) preserve the integrity of the (2) based on the results of the study under ‘‘(1) QUALIFIED DONATIONS.—The Secretary WaterSense label by— paragraph (1), make recommendations to may transfer any qualified donations to the ‘‘(A) establishing and maintaining feasible Congress for the issuance of, and factors that Challenge Fund. performance criteria so that products, build- should be considered with respect to, waivers ‘‘(2) MATCHING AMOUNT.—There is author- ings, landscapes, facilities, processes, and of the cost-sharing requirement by the Sec- ized to be appropriated to the Challenge services labeled with the WaterSense label retary. Fund for each fiscal year through fiscal year perform as well or better than less water-ef- AMENDMENT NO. 3309, AS MODIFIED 2020 an amount equal to the amount of quali- ficient counterparts; (Purpose: To provide for activities relating fied donations received for the fiscal year. OLICITATION.—Nothing in this section ‘‘(B) overseeing WaterSense certifications to the centennial of the National Park ‘‘(3) S expands any authority of the Secretary, the made by third parties; System) Service, or any employee of the Service to ‘‘(C) as determined appropriate by the Ad- At the end of subtitle E of title IV, add the ministrator, using testing protocols, from receive or solicit donations. following: ‘‘(f) REPORT TO CONGRESS.—The Secretary the appropriate, applicable, and relevant SEC. 44lll. NATIONAL PARK CENTENNIAL. shall provide with the submission of the consensus standards, for the purpose of de- (a) NATIONAL PARK CENTENNIAL CHALLENGE budget of the President to Congress for each termining standards compliance; and FUND.— fiscal year a report on the status and funding ‘‘(D) auditing the use of the WaterSense (1) IN GENERAL.—Chapter 1049 of title 54, of the signature projects and programs.’’. label in the marketplace and preventing United States Code (as amended by section (2) CLERICAL AMENDMENT.—The table of cases of misuse; and 5001(a)), is amended by adding at the end the sections affected for title 54, United States ‘‘(4) not more often than 6 years after following: Code (as amended by section 5001(b)), is adoption or major revision of any ‘‘§ 104909. National Park Centennial Chal- amended by inserting after the item relating WaterSense specification, review and, if ap- lenge Fund to section 104908 the following: propriate, revise the specification to achieve ‘‘§104909. National Park Centennial Challenge additional water savings; ‘‘(a) PURPOSE.—The purpose of this section Fund.’’. ‘‘(5) in revising a WaterSense specifica- is to establish a fund in the Treasury— tion— ‘‘(1) to finance signature projects and pro- (b) SECOND CENTURY ENDOWMENT FOR THE ‘‘(A) provide reasonable notice to inter- grams to enhance the National Park System NATIONAL PARK SYSTEM.— ested parties and the public of any changes, as the centennial of the National Park Sys- (1) IN GENERAL.—Subchapter II of chapter including effective dates, and an explanation tem approaches in 2016; and 1011 of title 54, United States Code, is amend- of the changes; ‘‘(2) to prepare the System for another cen- ed by adding at the end the following: ‘‘(B) solicit comments from interested par- tury of conservation, preservation, and en- ‘‘§ 101121. Second Century Endowment for ties and the public prior to any changes; joyment. the National Park System ‘‘(b) DEFINITIONS.—In this section: ‘‘(C) as appropriate, respond to comments ‘‘(a) IN GENERAL.—The National Park ‘‘(1) CHALLENGE FUND.—The term ‘Chal- submitted by interested parties and the pub- Foundation shall establish an endowment, to lenge Fund’ means the National Park Cen- lic; and be known as the ‘Second Century Endow- tennial Challenge Fund established by sub- ‘‘(D) provide an appropriate transition ment for the National Park System’ (re- section (c)(1). time prior to the applicable effective date of ferred to in this section as the ‘Endowment’). ‘‘(2) QUALIFIED DONATION.—The term ‘quali- any changes, taking into account the timing ‘‘(b) CAMPAIGN.—To further the mission of fied donation’ means a cash donation or the necessary for the manufacture, marketing, the Service, the National Park Foundation pledge of a cash donation guaranteed by an training, and distribution of the specific may undertake a campaign to fund the En- irrevocable letter of credit to the Service water-efficient product, building, landscape, dowment through gifts, devises, or bequests, that the Secretary certifies is to be used for process, or service category being addressed; in accordance with section 101113. a signature project or program. ‘‘(c) USE OF PROCEEDS.— and ‘‘(3) SIGNATURE PROJECT OR PROGRAM.—The ‘‘(1) IN GENERAL.—On request of the Sec- ‘‘(6) not later than December 31, 2018, con- term ‘signature project or program’ means retary, the National Park Foundation shall sider for review and revision any WaterSense any project or program identified by the Sec- expend proceeds from the Endowment in ac- specification adopted before January 1, 2012. retary as a project or program that would ‘‘(c) TRANSPARENCY.—The Administrator cordance with projects and programs in fur- shall, to the maximum extent practicable further the purposes of the System or any therance of the mission of the Service, as and not less than annually, regularly esti- System unit. identified by the Secretary. mate and make available to the public the ‘‘(c) NATIONAL PARK CENTENNIAL CHAL- ‘‘(2) MANAGEMENT.—The National Park production and relative market shares and LENGE FUND.— Foundation shall manage the Endowment in savings of water, energy, and capital costs of ‘‘(1) ESTABLISHMENT.—There is established a manner that ensures that annual expendi- water, wastewater, and stormwater attrib- in the Treasury of the United States a fund, tures as a percentage of the principal are utable to the use of WaterSense-labeled to be known as the ‘National Park Centen- consistent with Internal Revenue Service products, buildings, landscapes, facilities, nial Challenge Fund’. guidelines for endowments maintained for processes, and services. ‘‘(2) DEPOSITS.—The Challenge Fund shall charitable purposes. ‘‘(d) DISTINCTION OF AUTHORITIES.—In set- consist of— ‘‘(d) INVESTMENTS.—The National Park ting or maintaining specifications for En- ‘‘(A) qualified donations that are trans- Foundation shall— ergy Star pursuant to section 324A, and ferred from the Service donation account, in ‘‘(1) maintain the Endowment in an inter- WaterSense under this section, the Secretary accordance with subsection (e)(1); and est-bearing account; and and Administrator shall coordinate to pre- ‘‘(B) not more than $17,500,000, to be appro- ‘‘(2) invest Endowment proceeds with the vent duplicative or conflicting requirements priated from the general fund of the Treas- purpose of supporting and enriching the Sys- among the respective programs. ury, in accordance with subsection (e)(2). tem in perpetuity.

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‘‘(e) REPORT.—Each year, the National (1) IN GENERAL.—Division A of subtitle I of (2) CLERICAL AMENDMENT.—The table of Park Foundation shall make publicly avail- title 54, United States Code, is amended by chapters for division A of subtitle I of title able information on the amounts deposited inserting after chapter 1007 the following: 54, United States Code, is amended by insert- into, and expended from, the Endowment.’’. ‘‘CHAPTER 1008—EDUCATION AND ing after the item relating to chapter 1007 (2) CLERICAL AMENDMENT.—The table of INTERPRETATION the following: sections affected for title 54, United States ‘‘CHAPTER 1008—EDUCATION AND ‘‘1008. Education and Interpretation 100801’’. Code, is amended by inserting after the item INTERPRETATION (e) PUBLIC LAND CORPS AMENDMENTS.— relating to section 101120 the following: ‘‘Sec. (1) DEFINITIONS.—Section 203(10)(A) of the ‘‘§101121. Second Century Endowment for the ‘‘100801. Definitions. Public Lands Corps Act of 1993 (16 U.S.C. National Park System.’’. ‘‘100802. Interpretation and education au- 1722(10)(A)) is amended by striking ‘‘25’’ and thority. inserting ‘‘30’’. (c) NATIONAL PARK SERVICE INTELLECTUAL ‘‘100803. Interpretation and education evalua- PROPERTY PROTECTION.— (2) PARTICIPANTS.—Section 204(b) of the tion and quality improvement. Public Lands Corps Act of 1993 (16 U.S.C. (1) IN GENERAL.—Chapter 1049 of title 54, ‘‘100804. Improved utilization of partners and United States Code (as amended by sub- 1723(b)) is amended in the first sentence by volunteers in interpretation striking ‘‘25’’ and inserting ‘‘30’’. section (a)(1)), is amended by adding at the and education. end the following: (3) HIRING.—Section 207(c)(2) of the Public ‘‘§ 100801. Definitions Lands Corps Act of 1993 (16 U.S.C., 1726(c)(2)) ‘‘§ 104910. Intellectual property ‘‘In this chapter: is amended by striking ‘‘120 days’’ and in- ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) EDUCATION.—The term ‘education’ serting ‘‘2 years’’. (f) NATIONAL PARK FOUNDATION.—Sub- ‘‘(1) SERVICE EMBLEM.— means enhancing public awareness, under- chapter II of chapter 1011 of title 54, United ‘‘(A) IN GENERAL.—The term ‘Service em- standing, and appreciation of the resources blem’ means any word, phrase, insignia, of the System through learner-centered, States Code, is amended— logo, logotype, trademark, service mark, place-based materials, programs, and activi- (1) in section 101112— symbol, design, graphic, image, color, badge, ties that achieve specific learning objectives (A) by striking subsection (a) and inserting uniform, or any combination of emblems as identified in a curriculum. the following: ‘‘(a) MEMBERSHIP.—The National Park used to identify the Service or a component ‘‘(2) INTERPRETATION.—The term ‘interpre- Foundation shall consist of a Board having of the System. tation’ means— as members at least 6 private citizens of the ‘‘(B) INCLUSIONS.—The term ‘Service em- ‘‘(A) providing opportunities for people to United States appointed by the Secretary, blem’ includes— form intellectual and emotional connections with the Secretary and the Director serving ‘‘(i) the Service name; to gain awareness, appreciation, and under- as ex officio members of the Board.’’; and ‘‘(ii) an official System unit name; standing of the resources of the System; and (B) by striking subsection (c) and inserting ‘‘(iii) any other name used to identify a ‘‘(B) the professional career field of Service the following: Service component or program; and employees, volunteers, and partners who in- ‘‘(c) CHAIRMAN.— ‘‘(iv) the Arrowhead symbol. terpret the resources of the System. ‘‘(1) SELECTION.—The Board shall select a ‘‘(2) SERVICE UNIFORM.—The term ‘Service ‘‘(3) RELATED AREA.—The term ‘related Chairman of the Board from among the uniform’ means any combination of apparel, area’ means— members of the Board. accessories, or emblems, any distinctive ‘‘(A) a component of the National Trails ‘‘(2) TERM.—The Chairman of the Board clothing or other items of dress, or a rep- System; shall serve for a 2-year term.’’; and resentation of dress— ‘‘(B) a National Heritage Area; and (2) in section 101113(a)— ‘‘(A) that is worn during the performance ‘‘(C) an affiliated area administered in con- of official duties; and nection with the System. AMENDMENT NO. 3229 ‘‘(B) that identifies the wearer as a Service ‘‘§ 100802. Interpretation and education au- (Purpose: To establish a program to reduce employee. thority the potential impacts of solar energy fa- ‘‘(b) PROHIBITED ACTS.—No person shall, ‘‘The Secretary shall ensure that manage- cilities on certain species) without the written permission of the Sec- ment of System units and related areas is At the end of subtitle E of title IV, add the retary— enhanced by the availability and utilization following: ‘‘(1) use any Service emblem or uniform, or of a broad program of the highest quality in- SEC. 44ll. PROGRAM TO REDUCE THE POTEN- any word, term, name, symbol or device or terpretation and education. TIAL IMPACTS OF SOLAR ENERGY any combination of emblems to suggest any ‘‘§ 100803. Interpretation and education eval- FACILITIES ON CERTAIN SPECIES. colorable likeness of the Service emblem or uation and quality improvement In carrying out a program of the Depart- Service uniform in connection with goods or ‘‘The Secretary may undertake a program ment relating to solar energy or the conduct services in commerce if the use is likely to of regular evaluation of interpretation and of solar energy projects using funds provided cause confusion, or to deceive the public into education programs to ensure that the pro- by the Department, the Secretary shall es- believing that the emblem or uniform is grams— tablish a program to undertake research from or connected with the Service; ‘‘(1) adjust to the ways in which people that— ‘‘(2) use any Service emblem or Service learn and engage with the natural world and (1) identifies baseline avian populations uniform or any word, term, name, symbol, shared heritage as embodied in the System; and mortality; and device, or any combination of emblems or ‘‘(2) reflect different cultural backgrounds, (2) quantifies the impacts of solar energy uniforms to suggest any likeness of the Serv- ages, education, gender, abilities, ethnicity, projects on birds, as compared to other ice emblem or Service uniform in connection and needs; threats to birds. with goods or services in commerce in a ‘‘(3) demonstrate innovative approaches to AMENDMENT NO. 3251 manner reasonably calculated to convey the management and appropriately incorporate (Purpose: To modify the calculation of fuel impression to the public that the goods or emerging learning and communications economy for gaseous fuel dual fueled auto- services are approved, endorsed, or author- technology; and mobiles) ized by the Service; ‘‘(4) reflect current scientific and academic On page 150, between lines 14 and 15, insert ‘‘(3) use in commerce any word, term, research, content, methods, and audience the following: name, symbol, device or any combination of analysis. words, terms, names, symbols, or devices to SEC. 131l. GASEOUS FUEL DUAL FUELED AUTO- ‘‘§ 100804. Improved utilization of partners MOBILES. suggest any likeness of the Service emblem and volunteers in interpretation and edu- Section 32905 of title 49, United States or Service uniform in a manner that is rea- cation Code, is amended by striking subsection (d) sonably calculated to convey the impression ‘‘The Secretary may— and inserting the following: that the wearer of the item of apparel is act- ‘‘(1) coordinate with System unit partners ‘‘(d) GASEOUS FUEL DUAL FUELED AUTO- ing pursuant to the legal authority of the and volunteers in the delivery of quality pro- MOBILES.— Service; or grams and services to supplement the pro- ‘‘(1) MODEL YEARS 1993 THROUGH 2016.—For ‘‘(4) knowingly make any false statement grams and services provided by the Service any model of gaseous fuel dual fueled auto- for the purpose of obtaining permission to as part of a Long-Range Interpretive Plan mobile manufactured by a manufacturer in use any Service emblem or Service uni- for a System unit; model years 1993 through 2016, the Adminis- form.’’. ‘‘(2) support interpretive partners by pro- trator shall measure the fuel economy for (2) CLERICAL AMENDMENT.—The table of viding opportunities to participate in inter- that model by dividing 1.0 by the sum of— sections affected for title 54, United States pretive training; and ‘‘(A) .5 divided by the fuel economy meas- Code, is amended by inserting after the item ‘‘(3) collaborate with other Federal and ured under section 32904(c) of this title when relating to section 104908 (as added by sub- non-Federal public or private agencies, orga- operating the model on gasoline or diesel section (a)(2)) the following: nizations, or institutions for the purposes of fuel; and ‘‘§104910. Intellectual property.’’. developing, promoting, and making available ‘‘(B) .5 divided by the fuel economy meas- (d) NATIONAL PARK SERVICE EDUCATION AND educational opportunities related to re- ured under subsection (c) of this section INTERPRETATION.— sources of the System and programs.’’. when operating the model on gaseous fuel.

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.038 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2154 CONGRESSIONAL RECORD — SENATE April 19, 2016 ‘‘(2) SUBSEQUENT MODEL YEARS.—For any changes in technologies and markets We also agreed to reauthorize the model of gaseous fuel dual fueled automobile taking place across the country. coal R&D program at the Department manufactured by a manufacturer in model Our energy space has changed, but of Energy. This was, again, based on year 2017 or any subsequent model year, the what hasn’t changed are the policies. another bipartisan proposal that was Administrator shall calculate fuel economy The policies that we see are increas- in accordance with section 600.510-12 led by both Senators from West Vir- (c)(2)(vii) of title 40, Code of Federal Regula- ingly outdated and detached from the ginia, Senators CAPITO and MANCHIN, as tions (as in effect on the date of enactment opportunities we need to advance good well as the Senator from Ohio who is of this paragraph) if the vehicle qualifies energy policy in this country. occupying the Chair now, Senator under section 32901(c).’’. So what did we do? We set out to PORTMAN. Ms. MURKOWSKI. Mr. President, I write a bill. Our Energy Policy Mod- What we came away with was a sub- know of no further debate on these ernization Act of 2016 is the result of stantive, timely, and bipartisan meas- amendments. more than a year of hard work by those ure that has a very real chance of being The PRESIDING OFFICER. If there of us who serve on the Energy and Nat- the first major Energy bill signed into is no further debate on these amend- ural Resources Committee. It is the re- law in well over 8 years. ments, the question is on agreeing to sult of multiple listening sessions, So this is important, for a host of dif- the amendments en bloc. multiple legislative hearings, bipar- ferent reasons. The amendments (Nos. 3276; 3302, as tisan negotiations, and then a Moving forward with this act will modified; 3055; 3050; 3237; 3308; 3286, as multiday markup that we held last help America produce more energy. It modified; 3075; 3168; 3292, as modified; July. At the end of that markup, we will help Americans save more money. 3155; 3270; 3313, as modified; 3214; 3266; were able to approve a bill by a strong It will help ensure that energy can be 3310; 3317; 3265, as modified; 3012; 3290; bipartisan margin—18 to 4. transported from where it is produced 3004; 3233, as modified; 3239; 3221; 3203; The reason the bill passed out of to where it is needed. It will strengthen 3309, as modified; 3229; 3251; and 2963) committee with such strong bipartisan our status as the best innovator in the were agreed to en bloc. support was not just because of our world, and it will bring us just one step Ms. MURKOWSKI. Mr. President, I commitment to a good process—and it closer to becoming a global energy su- ask unanimous consent that the mo- was very clear that it was a good proc- perpower. It will do all of this without tions to reconsider be considered made ess throughout—but we matched that raising taxes, without imposing new and laid upon the table en bloc. good process with a commitment, an mandates, and without adding to the The PRESIDING OFFICER. Without equal commitment, to good policy. We Federal deficit. objection, it is so ordered. worked together across the aisle to in- That was our starting point here on Ms. MURKOWSKI. Mr. President, we clude good ideas from Members on both the Senate floor back in January. are back on the floor with the Energy sides of the aisle, from Members on the When we came to the floor with the Policy Modernization Act—an act that committee, and Members off the com- Energy bill, I think those of us on the many of us have spent a considerable mittee. Some of the things we agreed Energy and Natural Resources Com- amount of time not only here on the to include are going to speak to the mittee thought it was a pretty strong floor discussing but, prior to its arrival input we received. bill, but we have made it better. We Senator BARRASSO has led an effort on the floor of the Senate, working kept building on it. Since the debate that will streamline LNG exports. He through a process that, quite honestly, began, we have voted on a total of 38 was joined by 17 other Members. That I am very pleased to be able to report amendments. We have accepted 32 of is incorporated in our bill. them, and we have added even more on. We agreed to include a major effi- As we have just heard, with the voice good ideas from even more Members to ciency bill that the occupant of the vote that we just took en bloc, we have an already very bipartisan package. Chair, the Senator from Ohio, together accepted and adopted 29 additional Right now, the Energy Policy Mod- with the Senator from New Hampshire, amendments to this broad, bipartisan, ernization Act includes priorities from have spearheaded for years. That bill and, as some would suggest, long- 62 Members of the Senate. In other was supported by 13 other Members and stalled Energy bill. We have been words, more than three-fifths of the is incorporated as part of this overall working on this now on the floor for Members of this body have contributed Energy Policy Modernization Act. more than 2 months. It actually first We agreed to improve our mineral se- something to this overall bill, and that came to the floor on January 27 of this curity. This is something I have been number will rise throughout the day as we process additional amendments. year. But we have seen patience, a lit- leading, along with Senators HELLER One amendment I am particularly tle bit of persistence, and a truly good- and CRAPO and RISCH. faith negotiation. Last week we were We worked to promote the use of hy- pleased with is the resources title that able to clear the last of the objections dropower—a renewable, emission-free I have worked on and written with Sen- to this bill and to define a path for- resource that is favored by just about ator CANTWELL. We have agreed to a ward. everybody in this Chamber. package of 30 lands and water bills Again, we just reached unanimous We agreed to streamline permitting which will address a wide range of consent on these 29 additional amend- for natural gas pipelines. This was an issues in Western States. That package ments. There will be eight rollcall effort that was led by the Senator from also includes the bipartisan sports- votes this afternoon and then votes on West Virginia, Mrs. CAPITO. men’s provisions that we have been cloture and final passage, and, hope- We agreed to a new oil and gas per- working to pass in this body for at fully, today we will see the last day of mitting pilot program. This was one of least three Congresses. This is a meas- debate on our Energy bill. several ideas that the Senator from ure that will ensure that our public Since we have been away from EPMA North Dakota, Mr. HOEVEN, helped ad- lands are open, unless closed for a le- for so long, I wanted to start my com- vance. gitimate reason, to require agencies to ments this afternoon by reminding col- We have worked to improve our Na- enhance opportunities for our sports- leagues of the process we have followed tion’s cyber security, based on legisla- men on public lands and more. I want and of the many good provisions we tion that was advanced by the Senator to recognize my colleague from New have incorporated within the bill that from New Mexico, Mr. HEINRICH, as Mexico who has helped us with this en- make it worthy of the Senate’s sup- well as Senator RISCH from Idaho. deavor in making sure the sportsmen’s port. We also made innovation a key pri- package was included as this bill It began with a pretty simple and ority to promote the development of moved forward. straightforward recognition; that is, promising technologies. It is true we were a little bit delayed that it was time—it was actually well As part of that, we agreed to reau- in reaching the point where we are past time—to update and reform our thorize some of the energy-related pro- today as we are processing these final Nation’s energy policies. The last time visions that were contained in the amendments, but I thank the Senate the Congress passed a major Energy America COMPETES Act, which was and the majority leader for sticking bill was in December of 2007. So it has led by Senator ALEXANDER from Ten- with us on this. At one point in time, been almost a decade’s worth of nessee. it was suggested that we were going to

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The number of LED lights has grid, making it more resilient, basi- gest it was a little bit battered, but, grown more than 90 times. cally making it more robust so we can nonetheless, nobody gave up on this From 2007 to 2014, our national en- continue to improve it and face less bill. ergy use also fell 2.4 percent while the risk in the future. I acknowledge Senator CANTWELL and GDP grew 8 percent. This represents a We have many opportunities in this her staff for working with us every step very significant point in energy pro- Energy bill to continue to promote the of the way. We knew we had a path for- ductivity; that is, we have continued to advanced fuels and energy information ward. We worked tirelessly to find it produce cleaner sources of energy and that are going to allow us to continue because we know this is a bill worth helped diversify our own energy port- to diversify our energy resources. We passing. folio. Yet our economy and GDP still also want to make sure we are under- Over the next couple of hours, Mem- grew. It is important because these standing how the United States can bers will have an opportunity to de- policies that are in this bill are con- maintains its competitiveness in a liver their final comments on the En- tinuing to move forward on energy effi- clean energy economy. For example, ergy bill, and after that we will move ciency, clean energy, renewables, and the global smart grid economy is ex- to these eight stacked rollcall votes, new technology. pected to grow by $400 billion in the followed by votes on cloture, and then, I thank everybody who has been co- next 5 years. It is pretty basic. Any- operative in this process. Clearly, we hopefully, on final passage. time you can save on the supply you I am pleased to be able to say we will could have had a my-way-or-the-high- already have, it is a wise investment. have wrapped up our work on this bill way approach that was taken on the Many people want to invest in making and send it over to the House of Rep- Shaheen-Portman legislation. I know their electricity and the use of their resentatives—again, hopefully, by the my colleague is leaving the floor, but current energy supply smarter. I like Senator PORTMAN and Senator SHA- time we go home tonight. the smart building provisions of this HEEN played a large role in past discus- I thank the Senate for working with bill. Smart building will end up using sions, but the chairwoman didn’t take us to get to this point, and I would en- sensors to better direct and maintain that approach. She said: Let’s all work courage Members on both sides of the the energy flow in buildings. Why is together. In a spirit of compromise, aisle to recognize the good work and this so important? It is important be- let’s pass legislation that our col- the good ideas that are included within cause about 40 percent of our energy leagues want to see. And of course, the this bill. And when the time comes, I use in the U.S. comes from buildings U.S. Department of Energy published encourage every Member to vote yes on today. The Department of Energy be- the Quadrennial Energy Review last a broad bipartisan, good energy bill. lieves we can reduce the cost of energy year, which said that we are at an en- Mr. President, I recognize my col- ergy crossroads. And we looked at what in our buildings by about 20 percent. I league Senator CANTWELL, the ranking our Nation needed to do at this cross- don’t think there is a person in the member on the Energy Committee and road, to make investments in modern- Senate who hasn’t walked into a room a fabulous partner throughout this ef- izing our 21st century energy portfolio. and felt like the thermostat just fort. I would like to thank her for all Energy is the lifeblood of our economy. wasn’t right. Whatever it said, the she has done to get us to this point as If we put good energy policy in place, room seemed to be the opposite. That well. businesses and consumers get more af- is why we want buildings to have The PRESIDING OFFICER. The Sen- fordable, cleaner, and more renewable smarter technology, more sophisti- ator from Washington. energy. cated technology, so we can save en- Ms. CANTWELL. Mr. President, I This bill takes important steps on re- ergy and help our businesses be more rise to thank Chairman MURKOWSKI for search and development of clean en- competitive. her leadership on the Energy bill. She ergy technologies to help us integrate Energy efficiency in the Chinese and I have been working on this for al- these new, clean energy technologies market is expected to be more than $1.5 most a year now, and today we are at that are not already in the market- trillion by 2035. So continuing our lead- a point where we think we will see the place, and gaining a foothold on new ership, this bill will help us grow jobs final product of this legislation in the clean energy technologies in marine, and grow industries in the United next 24 hours move out of the Senate hydrokinetic and geothermal. I thank States. Energy efficiency and building and over to the House of Representa- our colleague Senator WYDEN for his standards have also lowered costs. A tives. So it is a good day. We are very leadership on many of these issues. 20-percent cut of energy use in build- thankful that all the hard work she The bill also takes important steps in ings would save $80 billion each year in and her team and our side on the mi- advanced grid technology to help us energy bills. That is something that nority have put in will result in suc- with new integration of our renewable would give any U.S. manufacturer a cessfully getting a bill to the Presi- resources. It authorizes $2 billion for competitive advantage. Investing in dent’s desk. technology demonstration grants to smart building makes sense. I am I acknowledge our colleagues in the make sure that we are continuing the pleased that while investing in this we Senate have addressed something like development of a microgrid deploy- are also helping our manufacturers. 40 different priority pieces of legisla- ment. I know from the chairman of the We just had a hearing with the manu- tion. We have added, as the chairman committee it is something very impor- facturing industry in the Energy Com- has said, 60 different amendments dur- tant to Alaska and the chairman, as mittee. They told us they were lit- ing the floor process. We have had im- they have a huge territory and lots to erally bringing overseas jobs home to portant compromises on clean energy cover. So, making sure that microgrid the United States because we are con- technology, energy efficiency, and in- development gets the technical support tinuing to invest in the right advanced frastructure with truly bipartisan sup- and assistance is critical. manufacturing technologies so they port. We need to pass this bill, and that The bill includes an initiative to ac- will continue to be competitive. I is why we have been persistent. celerate the RD&D of energy storage, a speak now of what is happening with It has been since 2007 that we passed technology that many witnesses before aerospace manufacturing in composite an energy bill, led by Senator Jeff our committee have labeled as the lightweight materials. The research we Bingaman and Senator Pete Domenici, game-changer—and I believe it is the did allowed us to continue to be pro- that laid down a lot of fundamental game-changer. As a hydro State that ficient in that area and have more jobs things in the renewable energy mar- gets more than 70 percent of our elec- brought back to the United States. kets and clean energy investment, but tricity from inexpensive renewable This bill invests in smart manufac- the landscape has changed greatly sources, like hydro. So making sure we turing. It would enhance fuel efficiency since 2007. Since then, because of those can store some of that energy is a opportunities for advanced truck efforts, the United States has more game-changer for the electricity grid. fleets. I thank Senators STABENOW,

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.042 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2156 CONGRESSIONAL RECORD — SENATE April 19, 2016 PETERS, and ALEXANDER for their work SHAHEEN has been dogged in her enthu- here. It is an opportunity for us today on that provision. Heavy-duty trucks siastic support for not just energy effi- to send a strong message to the House move 70 percent of our freight and use ciency policy, working with Senator that we would like to move broad en- 20 percent of the fuel consumed in the PORTMAN, but when she left the com- ergy efficiency legislation. Hopefully, United States. This sector can con- mittee, I don’t think she really left the we can get it to the President’s desk tinue to use the advancements in these committee. She just pretended, so that for signature and move it ahead. technologies to continue their com- she was somehow still connected to our There are two parts of the Energy petitive advantage. efforts. I thank her for that and also Savings and Industrial Competitive- This legislation also focuses on work- Senator PORTMAN. I think we have ness Act. That is our legislation that force training issues. We know we need taken the good work of these individ- has already been passed by this Cham- more jobs as the energy profile con- uals and probably had almost 30 dif- ber. Those two parts have been signed tinues to change. The good news is ferent energy efficiency proposals in by the President. They are at work these are high-paying jobs. In my this base legislation bill that we have now. State, the average salary for a utility incorporated and now are able to move I will say that already they are help- worker is 57 percent higher than the forward on. I also thank my colleague ing to allow individuals to use less en- average salary of all other industries in Senator HEINRICH, who has several pro- ergy and, therefore, have more savings. the State. Our bill establishes a com- visions in this bill and several that will That lets companies to be more effi- petitive workforce grant, a job training be voted on shortly in the lands pack- cient, to create more jobs, and to re- program through community colleges, age. duce emissions. Now it is time to pass and helps with registered apprentice These individuals, along with those I this remaining part of the legislation, programs so we can get the workforce just mentioned, members of the com- the main part of the legislation which of tomorrow that the Secretary of En- mittee, provided such great leadership includes bipartisan reforms that we are ergy says we need. His report says we for us in putting this final bill before taking up today. need 1.5 million new workers in the en- the Members of the Senate. I hope our It is about time we get these across the finish line. The priority I have had ergy industry. Let’s go about making colleagues will give it enthusiastic sup- here in the Senate has been on jobs and sure we get that. port. It represents a lot of discussion. wages. That is exactly what this legis- Lastly, I want to mention the Land It is not the perfect bill that the chair- lation does. It is really a jobs bill, and Water Conservation Fund, a pro- woman would have written nor the among other things. According to a re- gram that was actually authored by exact bill I would have written. cent study of our legislation, the Senator ‘‘Scoop’’ Jackson from Wash- But it is a compromise on the mod- Portman-Shaheen bill, by 2030 it will ington and he remains the longest- ernization of energy that this country help create nearly 200,000 new jobs and serving chairman of the Senate Energy needs to move toward a safer, more se- help the economy by saving consumers Committee. The Land and Water Con- cure, cleaner energy force and a skilled about $16.7 billion in reduced energy servation Fund was a fully functional workforce to go with delivering it. costs. With that, I yield the floor. and effective program for 50 years, So this is legislation about energy, The PRESIDING OFFICER (Ms. MUR- until Congress allowed its authority to but it is also about our economy and KOWSKI). The Senator from Ohio. lapse last fall. This bill would make jobs. By the way, when we started this Mr. PORTMAN. Madam President, I sure that never happens again by mak- legislation, it was the Shaheen- want to start by commending the Pre- ing it permanent. Portman legislation. It has remained a siding Officer and Senator CANTWELL I thank the chairman for her leader- totally bipartisan—even nonpartisan— for getting this bill to the floor. They ship because she helped us craft a com- effort. promise on making the Land and Water say the third time is the charm. I Our workers in Ohio and in the Conservation Fund permanent, to get think this may be the fourth or the States represented in this Chamber are the right focus on how the program fifth time. But I will say that I marvel, competing with countries all over the works and to continue to make sure we Senator CANTWELL and Senator MUR- world. If you think about it, a lot of are making investments in outdoor KOWSKI, at your patience and your per- these companies that are in other recreation. sistence. places, strictly in Europe and Japan, This Land and Water Conservation You have never lost sight of the goal, are very energy efficient. That gives Fund helps support more than 200,000 which is to actually move legislation them an advantage. It makes it harder jobs in the State of Washington and a that will help us create jobs, make our for us to be able to add jobs here to be nearly $20 billion economy. When we economy more efficient, as Senator able to compete because their costs are talk about the various amendments we CANTWELL has said, and improve our lower and their profits are up. are going to be talking about today, I energy policies at a time when we are So part of this legislation is strongly want to make sure Members under- desperate to be able to address some of supported by the manufacturers in this stand that a lot of good work in the the new changes we see in our economy country because they know that, by committee went into the Land and and in our energy situation in par- making our plants more energy effi- Water Conservation Fund. ticular. So thank you for your persist- cient, we are going to give our workers We will also be voting on a lot of pub- ence. in Ohio and around the country and our lic lands amendments later. I want to I also want to commend you and companies a competitive advantage. So bring up one, the Yakima River Basin thank you for including as title I of that is one thing that is very impor- bill, which we passed out of committee this legislation the energy efficiency tant about this legislation. This will on a bipartisan vote. It’s a holistic ap- legislation, the Portman-Shaheen en- help us to be able to compete in a glob- proach to dealing with water manage- ergy efficiency legislation that we just al economy. ment. I hope it becomes a model for the talked about. It also creates more jobs to have rest of the country. Senator SHAHEEN is here on the floor more supply of energy. So it is not just I also thank Secretary Moniz and his with me. I hope she will talk about this that we are being more efficient, which staff and Secretary Jewell and her staff bill in a second. This is something we is very good, but I will say that in this for all the work that was done in the worked on a long time—I think over 5 legislation we are also encouraging committee on both the lands package years now. It is an opportunity for us more production, including energy in- and on the energy provisions. I know as a body to actually move forward frastructure that the chairman talked the chairwoman probably discussed the with sensible legislation that makes about earlier. So my view is very sim- issue of natural gas exports and Sec- our Federal Government more efficient ple. We should be producing more and retary Moniz provided us language for and our factories more efficient, as using less. That combination really how the agency is working that we put Senator CANTWELL has talked about. works for our economy. into the bill. It improves our ability to create jobs Over the last 7 years on the ‘‘produce I again thank my two colleagues who and to be able to be more energy inde- more’’ side, we have been in the midst are on the floor, Senator SHAHEEN and pendent. It is the kind of win-win legis- really of an energy production renais- Senator PORTMAN. Certainly Senator lation that we do too seldom around sance. This is because of new advances

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.043 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2157 in technology. It has dramatically ple? It does this at the State and local of Manufacturers to the Sierra Club, changed the productivity and output of level by updating building codes for from the Alliance to Save Energy to American energy companies. government building, providing grants the U.S. Chamber of Commerce. These I am talking about everything. I am for retrofitting hospitals, youth cen- are some strange bedfellows, I will tell talking about solar and wind. I am ters, and faith-based organizations you. You normally don’t see these talking about hydro. I am certainly with energy efficiency improvements. groups coming together to support leg- talking about natural gas with It would get rid of some of the dupli- islation on the floor of the Senate. But fracking. I am also talking about oil cative green building programs that I think it shows that this is a con- and coal. We have become the world are at the Department of Energy, to sensus win for taxpayers, for workers, super power in energy—the world super make sure those are working better, and for the environment. power in energy. This is good for our are more consolidated. It establishes a I was really pleased to work with country. This is good for all of us as Federal smart building program to con- Senator SHAHEEN, Ranking Member consumers. With lower energy costs duct research and development on CANTWELL, and Leader MCCONNELL to now, it is good for the competitiveness smart building technology, which was offer a bipartisan amendment to this of our economy. But it is also a change. talked about by Senator CANTWELL a broader bill that is supposed to clarify So the underlying legislation here—the moment ago. There is a huge oppor- a Department of Energy efficiency broad legislation—is very important tunity here because 40 percent of our standard related to external power sup- because our economy and our energy energy use is in our buildings. ply drivers. situation are very different than they It would codify in statute that Fed- The existing standards are overly were the last time we reformed energy eral agencies must reduce their energy broad. Again, this is another amend- laws. intensity 2.5 percent per year over the ment we are going to be offering today, That is why we need this broader leg- next decade. So it codifies some of and another case where we are able to islation in my view. It does have some what is already in place as that goes bring all parties to the table and nego- needed changes, including bringing our forward. As I have said, this bill does tiate a compromise fix to an urgent permitting process up to speed, our not impose new burdens on Americans, problem. I am hopeful that will soon be regulations up to the times, and, again, rather it creates incentives and helps adopted, and it will provide an effec- dealing with some of the other issues small and medium-sized manufacturers tive, bipartisan solution. with regard to our energy sector, which to access smart manufacturing tech- Again, I want to thank Senator SHA- has been talked about this afternoon. nology by establishing rebates for up- HEEN for her persistence and her pa- Just as it makes sense to produce grading electric motors and trans- tience with regard to our energy effi- more, it makes sense to use less, to formers, by funding career field train- ciency bill and for being a great part- eliminate some of the waste in our en- ing for students receiving a certificate ner from the start. This is not the pre- ergy system, to make it more efficient. for installing energy efficient building cise bill that she would have written or Production and efficiency are totally technologies, one of the skills gaps we that I would have written, but it is one complementary. By improving energy have right now in our economy that that finds that common ground, that efficiency again, our jobs bill here will need to be closed for us to take advan- consensus to be able to move our coun- actually create more economic growth tage of these new energy efficiency try forward with regard to energy effi- and create more opportunities for technologies. ciency. Ohioans. Rather than the Federal Government I also want to mention an amend- The Portman-Shaheen bill will also telling companies what to do under ment I offered with Senator CANTWELL strengthen our national security. Why this bill, the Federal Government helps and Chairman MURKOWSKI to this do I say that? Well, it makes us more them to become more efficient. It is broader legislation that is beneficial to energy independent. That is critical. not just American companies. our environment and will help the Na- We are already doing this through Portman-Shaheen would help everyone. tional Park Service, and this is the some means, but if we can get this leg- Particularly, it would help low-income centennial legislation. As some of you islation passed, we will be doing it Americans be able to retrofit their know, 2016 is a big year for the parks. through better energy efficiency as homes to be more energy efficient, This is the park’s centennial, the 100th well. The bill helps clean our environ- which will save them money on their year. In fact, this week is National ment. By some estimates, passing energy bills. Park Week. What better time is there Portman-Shaheen will have an impact With the middle-class squeeze that is for us to be adopting this amendment? on our carbon emissions, the equiva- out there, what we see right now is The National Parks Service turns 100 lent to taking 20 million cars off the wages that are not just flat, but they years old on August 25. We want to road over the next 15 years. have declined on average over the last make sure that the National Parks So it does have an impact in terms of several years. Expenses are up, includ- Service is well positioned for its next dealing with the emissions issue. I am ing health care expenses and including, century. a really strong supporter of finding so- in many cases, energy expenses, includ- In Ohio, 2.6 million people visit our 13 lutions that actually help the environ- ing in my home State of Ohio, where national parks sites every year. So you ment, help the economy, and help cre- we have more and more pressure on our might not think of Ohio as being a big ate jobs. Well, this is that sweet spot electricity costs. This will help in national park State. It is. We are here. This legislation is a classic exam- terms of dealing with that middle-class blessed to have these sites that pre- ple. Our bill also provides a model for squeeze. For people just trying to get serve and protect the national beauty how to ensure that we can do it with- by, a low energy bill can be a real re- of our State. We are grateful for the out a lot of new job-destroying man- lief, and a few dollars at the end of National Parks Service and for their dates or regulations. There are no man- each month can then be used for a custodianship and their stewardship of dates in this legislation. There are lots needed expenditure, for savings, maybe treasures like the Cuyahoga Valley Na- of incentives for the private sector, but for investment in a kid’s college edu- tional Park, one of the top 10 parks in we try to make the Federal Govern- cation or for retirement. the country in terms of visitation, and ment, in this legislation, a better part- Finally, our bill does reauthorize the also of about 4,000 or so Ohio sites on ner, rather than a better task master. Weatherization Assistance Program, the National Register of Historic Again, I think that is the sweet spot. which establishes building training and Places. One thing it does is it makes the Fed- assessment centers at institutions of Our amendment would officially set eral Government practice what it higher education around the country, up two funds to help the National Park preaches. So it says to the Federal which is also very important toward Service be more effective going forward Government: You are the largest en- this efficiency of buildings. to help them have more funds to able ergy user in the world. You are far The Portman-Shaheen legislation is to address some of the challenges they from efficient. Can’t we do a better job now supported by more than 260 asso- face and to start, particularly, to ad- in the Federal Government by having ciations, businesses, and advocacy dress the backlog of projects that need the Federal Government lead by exam- groups, from the National Association to be completed.

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.044 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2158 CONGRESSIONAL RECORD — SENATE April 19, 2016 But first it would officially authorize The PRESIDING OFFICER (Mrs. First, in buildings, it would strength- the National Park Centennial Chal- ERNST). The Senator from New Hamp- en outdated, voluntary national model lenge Fund, which is already leveraged shire. building codes to make new homes and with about 25 million bucks in appro- Mrs. SHAHEEN. Madam President, I commercial buildings, which account priated dollars to an additional $45 mil- am thrilled to join my partner in effi- for more than 40 percent of U.S. energy ciency, Senator PORTMAN, in address- lion in private sector money—match- consumption. These provisions are es- ing funds—to finance signature ing the energy efficiency provisions of the Energy Policy Modernization Act. pecially important in this legislation projects and programs of the National because much of the savings in effi- Park System. I think this is part of our Before I get to those, I congratulate ciency come from these national model answer to our national park shortfall Chair MURKOWSKI and Ranking Member building code provisions. Again, as and to the backlog, particularly the CANTWELL for everything they have ORTMAN has said, these are maintenance backlog at the parks; done to move this Energy bill forward. Senator P that is, to get more private sector in- At a time when I think most of us not done through mandates, they are terest. It is out there. This is a vehicle thought this Energy bill was gone for done through incentives, through our this Congress—again, for the third for that to happen. encouraging States to adopt these The second would be a nonprofit sec- time—they have been able to rally to model building codes. bring people together to get consensus ond century endowment fund at Na- The energy efficiency provisions also tional Park Foundation to reduce the to move a bill that not only deals with the energy efficiency provisions that deal with industrial efficiency. They $10 billion in National Park Service Senator PORTMAN and I have cham- assist the industrial manufacturing projects. This would present another pioned but also improves a broad array sector, which consumes more energy opportunity to leverage the willingness of energy policies for this country, and than any other sector of the U.S. econ- of the private sector to help address it would permanently reauthorize the omy. They help that sector implement this backlog that the National Park Land and Water Conservation Fund. I efficient production technologies and Service faces. It is a win-win for the congratulate them on giving us yet a taxpayer and for all those who enjoy would encourage the private sector to third opportunity—hopefully—to vote develop innovative energy-efficient our national parks and all of our treas- on this bill and to finally be able to ures. technologies for industrial applica- pass it. As Senator PORTMAN said, the Finally, it creates a new National tions, to invest in a workforce that is third time is a charm, hopefully. For 5 Park Service education program to trained to deploy energy efficiency years, he and I have worked to advance help further the educational mission of practices to manufactures. the Energy Savings and Industrial our parks. The parks are being well at- Competitiveness Act, or what was Finally, the other major section of tended right now. Attendance is up. known initially as Shaheen-Portman, the efficiency provisions from People are excited about the parks. It which has now become Portman-Sha- Portman-Shaheen deals with the Fed- is a great time for us to pass this cen- heen in this Congress. Many of the pro- eral Government. We encourage the tennial legislation. I know there is visions in that original legislation are Federal Government—which is the Na- comparable legislation on the House in this Energy Policy Modernization side. I am sure we can get this to the tion’s largest energy consumer—to Act. While over the last 5 years we adopt more efficient building stand- President—to his desk for signature. have been able to get some of the origi- We can help to ensure that our parks, ards, to adopt smart metering tech- nal provisions in the legislation nology, and to look at our data centers for the next 100 years, continue to grow through, the fact is, most of the sig- and see how we can reduce costs and and continue to provide this incredible nificant provisions are in this current energy use. Through doing that, not experience for all of our constituents. bill. I thank Senator PORTMAN for This amendment is another example being such a great partner on energy only can we save energy, but we can of where we have come together in a bi- efficiency and for helping to advance save taxpayers millions of dollars. partisan basis to do this. I want to this legislation in a way that gives us Just the energy efficiency provisions thank again Senator CANTWELL for her another chance to hopefully vote suc- from Portman-Shaheen in the legisla- work on this and Senator MURKOWSKI cessfully on the bill. tion would create nearly 200,000 jobs by for putting it in this legislation. Fi- I have been a huge fan of energy effi- 2030—a significant job creator in the nally, I am really pleased that we were ciency since my years as Governor of able to include the Land and Conserva- bill. It would reduce carbon emissions New Hampshire because I believe that by the equivalent of taking over 20 mil- tion Fund’s permanency in this legisla- energy efficiency is the cheapest, fast- lion cars off the road, and it would save tion and also the sportsmen’s bill in est way to reduce our energy use. En- this legislation, to expand and ensure ergy savings techniques and tech- consumers over $16 billion a year. access to public lands for hunting and nologies reduce carbon pollution. They There are significant benefits to this fishing. lead to substantial energy savings that energy efficiency. The bottom line is that I encourage allow for businesses to expand, for us Again, as Senator PORTMAN has said, everybody to vote for this bill, Repub- to create jobs, and for our economy to these are provisions that have brought licans and Democrats alike. This is a grow. together a very diverse group of stake- good bill. It is a bill that will drive in- In a Congress that is too often di- holders, everyone from the American frastructure investments in my State vided along partisan lines on so many Chemistry Council, to the National of Ohio and around the country. It will issues, energy efficiency is one priority Wildlife Federation, as Senator protect the grid from cyber and phys- that can bring us together on a bipar- PORTMAN said, the NRDC, the National ical attacks. It will allow more exports tisan, bicameral basis because energy of liquefied natural gas, which is good efficiency is beneficial to everyone, re- Association of Manufacturers, and the for our economy. gardless of what part of the country U.S. Chamber of Commerce. This is a It will make our Federal Government they live in and regardless of their en- broad group of trade associations, labor more efficient. It will make our econ- ergy source. We can all benefit from organizations, and environmental omy more efficient. It creates jobs. It energy efficiency. And those are the groups who have come together be- helps clean up the environment. It provisions that are in this legislation. cause energy efficiency is something helps modernize our government. To I will try not to repeat too much of on which we can all agree. me, that constitutes a victory for all of what has already been said by Senator I ask unanimous consent to have us. I congratulate Senator CANTWELL PORTMAN, Senator MURKOWSKI, and printed in the RECORD a number of let- URKOWSKI Senator CANTWELL about the bill, but I and Senator M for getting ters that have been sent by many of this to the floor. I look forward to its did want to go through a couple of the these organizations. passage later on today. energy efficiency provisions that are in I yield back my time, and I hope my the legislation because it reduces the There being no objection, the mate- colleague from New Hampshire will barriers to efficiency in a number of rial was ordered to be printed in the have the opportunity to speak. ways. RECORD, as follows:

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JANUARY 20, 2016. independence. More than half of the energy process and feel strongly that this legislative Hon. MITCH MCCONNELL, used today to power our economy is wasted, approach is the best way for the federal gov- Majority Leader, U.S. Senate, Russell Senate which represents an enormous opportunity ernment to promote energy efficiency in the Office Building, Washington, DC. for achieving savings and extracting gains in built environment. Hon. HARRY REID, the energy productivity of our economy. The I respectfully urge you and your colleagues Democratic Leader, U.S. Senate, Hart Senate Senate now has an opportunity to pass com- to pass this important legislation. Office Building, Washington, DC. prehensive legislation, which currently en- Sincerely, DEAR MAJORITY LEADER MCCONNELL AND joys strong bipartisan support, that would THOMAS J. BISACQUINO, DEMOCRATIC LEADER REID: We are writing to improve the energy efficiency of homes and President and CEO, NAIOP. express our priorities for energy efficiency commercial buildings in every town, city, provisions in S. 2012, the Energy Policy Mod- county, and state; help consumers and busi- ernization Act of 2015. As you know, S. 2012 nesses manage their energy consumption and JANUARY 27, 2016. was approved by the U.S. Senate Committee realize returns on their investments; and Hon. MITCH MCCONNELL, on Energy and Natural Resources (ENR) with generate meaningful savings for all Ameri- Majority Leader, U.S. Senate, strong bipartisan support on July 30, 2015, cans. Washington, DC. under the leadership of Chairwoman Lisa Thank you for your consideration. Hon. HARRY REID, Murkowski and Ranking Member Maria Alliance to Save Energy, American Democratic Leader, U.S. Senate, Cantwell. We encourage the Senate to take Council for an Energy-Efficient Econ- Washington, DC. up S. 2012 with the following priorities in omy, ASHRAE, Association of Energy DEAR LEADERS MCCONNELL AND REID: We mind to help maintain bipartisan support Engineers, Big Ass Solutions, Effi- the undersigned businesses and trade asso- and pass a bill that can be enacted into law. ciency First, Energy Future Coalition, ciations are writing to express our strong First, S. 2012 should preserve and strength- Environmental and Energy Study In- en the role of the U.S. Department of Energy support for the policies included in Energy stitute, Home Performance Coalition, Policy Modernization Act of 2015 (S. 2012) (DOE) in supporting and propagating up- Institute for Market Transformation, dated building energy codes at the state and that promote energy efficiency in industrial, International Association of Lighting commercial, and residential applications and local level. In terms of energy and cost sav- Designers, International Copper Asso- ings, as explained in more detail in the en- urge full Senate consideration early this ciation, Ltd., Large Public Power year. closed analysis prepared by the American Council, National Association of En- Council for an Energy-Efficient Economy ergy Service Companies, North Amer- We support low to no-cost, no-mandate (ACEEE), U.S. homeowners and businesses ican Insulation Manufacturers Associa- bills that advance energy efficiency, while stand to realize tremendous gains from state tion, National Association of State En- preserving the critical role of government and local adoption of current building energy ergy Officials, Sacramento Municipal oversight. American taxpayers save money codes. U.S. DOE’s role in code adoption is Utility District, Schneider Electric, on their energy bills and businesses thrive critical and S. 2012 (as reported) would lead Seattle City Light, The Stella Group, when we reduce regulatory burdens, increase to even greater savings over time. We sup- Ltd., U.S. Green Building Council. transparency, and focus on the federal gov- port the building energy codes language cur- ernment as a first mover. We believe that rently included in S. 2012 and encourage in NAIOP, COMMERCIAL REAL ESTATE the energy efficiency provisions in S. 2012 the strongest terms its inclusion in any com- DEVELOPMENT ASSOCIATION, will have a positive impact on the U.S. econ- prehensive energy legislation considered by Herndon, VA, January 27, 2016. omy. the Senate. Hon. MITCH MCCONNELL, Second, we encourage the Senate to adopt Our businesses, along with many trade as- Majority Leader, U.S. Senate, provisions that would permit and encourage sociations, companies and advocacy organi- Washington, DC. the inclusion of energy efficiency in the resi- zations, have long supported common sense Hon. HARRY REID, dential mortgage underwriting process. energy efficiency legislation, such as those Minority Leader, U.S. Senate, These provisions were first articulated in the sponsored over the last two Congresses by Washington, DC. Sensible Accounting to Value Energy Senators Portman and Shaheen. We com- (SAVE) Act, first introduced by Senators Re support for ‘‘The Energy Policy Mod- mend Chairman Murkowski and Senator Johnny Isakson and Michael Bennett, and ernization Act of 2015’’ (S. 2012). Cantwell for including these provisions in S. currently included in legislation that was DEAR MAJORITY LEADER MCCONNELL AND 2012. We believe that the energy efficiency also favorably reported by the Senate ENR MINORITY LEADER REID: On behalf of NAIOP, title of S. 2012, which passed out of Com- Committee with strong bipartisan support. the Commercial Real Estate Development mittee on an 18–4 vote, is a win-win approach The SAVE Act would allow the common- Association, I write to express our strong that will reduce energy consumption, ad- sense consideration of energy efficiency dur- support for ‘‘The Energy Policy Moderniza- vance the adoption of new technologies, ing mortgage underwriting, which would tion Act of 2015’’ that passed the Energy and produce energy savings for businesses and help homeowners realize the true value of Natural Resources Committee with a bipar- families, and encourage private-sector job home improvements that improve comfort tisan vote. creation creating a stronger and more dura- and generate savings. We would support an NAIOP is the leading organization for de- ble American economy. velopers, owners, investors and related pro- amendment to add the SAVE Act provisions Some of the sections we are most enthusi- to S. 2012. fessionals in office, industrial, retail and mixed-use real estate, and comprises 18,000 astic about include the federal energy re- Third, we urge the Senate to approve an lated provisions and the building codes sec- amendment that would replace the current members and 48 local chapters throughout the United States. tion, which was developed through a bipar- provisions relating to residential furnace tisan, transparent process and does not in- standards in S. 2012 with language that Specifically, we support the language that was drafted by Senators Rob Portman (R– clude state mandates. We urge lawmakers to matches Sec. 3123 of H.R. 8, the North Amer- retain the current language supporting ican Energy Security and Infrastructure Act OH) and Jeanne Shaheen (D–NH) and in- cluded in the energy efficiency title for strong, updated model building energy codes. of 2015, which was approved by the House of Several of the provisions we support have Representatives on December 3, 2015. Unfor- buildings in the bill. We have worked with staff for a number of years on this issue, and also been introduced as stand-alone legisla- tunately, at the last minute, apparently due tion such as S. 869, the All-of-the-Above Fed- to the time-crunch that typically accom- we commend Senators Portman and Shaheen for facilitating the numerous discussions eral Building Energy Conservation Act of panies a committee business meeting, lan- 2015; S. 1046, the Smart Building Accelera- guage was added to S. 2012 that did not re- that took place with a variety of stake- holders. The latest version of this bill re- tion Act; S. 1054, the Smart Manufacturing flect a consensus reached by stakeholders. Leadership Act; and S. 858, the Energy Sav- We would support an amendment to replace flects a broad compromise on a host of effi- ciency measures that has increased support ings Through Public Private Partnership the current non-consensus furnace standard Act. We would further ask that you include language in S. 2012 with the House-adopted for this bipartisan legislation. In order to create responsible building S. 1038, the Energy Star Program Integrity consensus language that was developed over Act and the SAVE Act, which was included time and is broadly supported by stake- codes, economic feasibility and initial costs need to be considered with a realistic pay- in The Energy Savings and Industrial Com- holders. petitiveness Act (S. 720) reported out by the And fourth, we also support the retention back to the developer in order for energy ef- Energy and Natural Resources Committee of reauthorizations of the Weatherization ficiency gains to be viable. This legislation last year, and is a voluntary means to im- Assistance Program and the State Energy ensures that the Department of Energy will prove residential energy efficiency and Program in S. 2012. These provisions are crit- consider the recoupment of investment costs thereby save homeowners money. ical for low-income Americans in all parts of when developing efficiency targets, and al- the country and generate benefits across all lows for comment on those targets through a We urge you to bring S. 2012 to the Senate sectors of the economy. formal rulemaking. for a vote early this year. It includes prag- Energy efficiency is an energy resource— We are thankful for the opportunity to rep- matic, reasonable energy policies. Energy ef- available to all homeowners and businesses— resent the interests of the commercial real ficiency policies that enjoy strong bipartisan that is essential to our country’s energy estate development industry throughout this support, do not rely on an outlay of taxpayer

VerDate Sep 11 2014 06:12 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.044 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2160 CONGRESSIONAL RECORD — SENATE April 19, 2016 dollars, and do not impose mandates on con- place in nearly every facet of our Na- These traditions—hunting, hiking, sumers deserve prompt consideration by tion’s energy industry, including ura- camping, and fishing—are among the Congress. nium enrichment, oil and gas produc- pillars of western culture and a thriv- Sincerely, A.O. Smith Corporation, ABB Inc., tion, refining, wind and solar energy, ing outdoor industry and recreation Accella Performance Materials, Amer- as well as the research and develop- economy. ican Chemistry Council, BASF, Big Ass ment of new energy technologies— This bipartisan package of sports- Solutions, Bosch Group, Composite technologies of the future that come men’s bills includes a broad array of Lumber Manufacturers Association, out of our National Laboratories and measures to enhance opportunities for Copper Development Association, our research universities. That is why I hunters, anglers, and outdoor rec- Covestro, LLC, Danfoss, Dow Chemical have been working so hard in the Sen- reational enthusiasts of all stripes. It Company, Extruded Polystyrene Foam ate to position New Mexico and our Na- improves access to those public lands, Association, Federal Performance Con- and it reauthorizes critical conserva- tracting Coalition, Honeywell, Inger- tion to take maximum advantage of soll Rand, Johnson Controls, Inc., Na- new, clean energy sources and innova- tion programs. These programs include tional Association of Manufacturers, tive technologies and transmission, the North American Wetlands Con- National Electrical Manufacturers As- while intelligently utilizing our re- servation Act, or NAWCA, which pro- sociation, North American Insulation serves of traditional fuels as well. vides grants to organizations, State Manufacturers Association, Owens Cor- This package will be the first com- and local governments, and private ning, PPG Industries, Quadrant Ure- prehensive Energy bill to pass the Sen- landowners for the acquisition, restora- thane Technologies Corp., Roof Coat- ate since 2007. I would like to think tion, and enhancement of critical wet- ings Manufacturers Association, that it shows that we can look for lands for migratory birds—a program Schneider Electric, Siemens Corpora- tion, Society for Maintenance and Reli- areas where both parties can work to- that every duck hunter and birder in ability Professionals, SPI: The Plastics gether even if we don’t completely the United States can agree on; and the Industry Trade Association, The Brick agree and, probably most importantly, National Fish Habitat Conservation Industry Association, U.S. Chamber of when we don’t completely agree and Program, which encourages partner- Commerce, United Technologies, still move our national priorities and ships among public agencies, tribes, Whirlpool Corporation. our energy policy forward. sportsmen, private landowners, and Mrs. SHAHEEN. In closing, in a little This package also includes perma- other stakeholders to promote fish con- while this afternoon, we will have a se- nent reauthorization of the Land and servation. ries of votes on amendments to the En- Water Conservation Fund. LWCF is one It reauthorizes the Federal Land ergy Policy Modernization Act, and we of America’s most successful conserva- Transaction Facilitation Act to direct will have a final vote for passage of the tion programs. It has preserved our revenue from the sale of public land to bill. I believe and it is certainly my outdoor heritage, protected clean air the acquisition of high-priority con- hope that the broad package will pass. and precious supplies of drinking servation land from willing sellers to I think it has been far too long since water, and supported jobs across this expand fish and wildlife habitat and Congress passed a comprehensive en- entire Nation. Permanent reauthoriza- public recreational opportunities. ergy bill. It is time for us to work to- tion of LWCF is a major victory for Further, this bipartisan package will gether to pass this important piece of conservation. I will continue to fight help boost the outdoor recreation econ- legislation to improve our Nation’s en- to fully fund LWCF so that we can omy writ large. Nationally, according ergy policies and to help grow our make strong and smart investments in to the Outdoor Industry Association, economy. our public lands. more than 140 million Americans make I believe there is support in the other I wish to particularly focus my re- their living or make outdoor recreation Chamber, in the House, to take up this marks today on the Bipartisan Sports- a priority in their daily lives. When energy package and hopefully to pass it men’s Act, which is a key part of this they do that, they end up spending $646 this year because it will improve our bill. The Sportsmen’s Act has been a billion on outdoor recreation, resulting economy, it will improve our national long time in the making. I am very in quality jobs for another 6.1 million security, and it will improve our envi- proud to lead this bipartisan effort Americans. ronment. This is legislation we should with the Energy and Natural Resources In New Mexico—a small State with all get behind. chair, LISA MURKOWSKI of Alaska. After just 2 million people—outdoor recre- Again, I thank my colleague Senator attempts stalled on the sportsmen’s ation generates more than $6 billion a PORTMAN and applaud Senators CANT- bills in recent years, the Energy and year. It provides 68,000 jobs and $1.7 bil- WELL and MURKOWSKI for all of the Natural Resources Committee worked lion in wages and salaries. work they have done to bring this leg- hard to find areas of agreement. We A survey done recently by New Mex- islation to the floor. didn’t allow controversial amendments ico Game and Fish found that sports- I yield the floor. men alone spend more than $613 mil- The PRESIDING OFFICER. Who from either side of the aisle to derail lion a year in the State annually. That yields time? these efforts. The Senator from New Mexico. Hunting and fishing are an integral is an incredible contribution to our Mr. HEINRICH. Madam President, I part of our American heritage. Without local economy. This boost to our econ- rise today to speak about this bipar- our public lands, that tradition would omy is felt by small business owners, tisan energy package we are going to be lost to many westerners. Our public and it is felt by outfitter guides, ho- be voting on today. Last year my col- lands belong to all of the American tels, restaurants, and the entire local leagues and I on the Senate Energy and people. community, especially in rural areas Natural Resources Committee worked Like many New Mexicans, some of where we need it most. together to pass a package that re- my favorite memories with my family Yet, for far too many hunters and an- ceived incredibly strong and bipartisan are from camping, fishing, hiking, and glers, it gets harder and harder each support at a time when that is hard to hunting in New Mexico’s national for- year to find a quiet fishing hole to fish come by. ests and on our Bureau of Land Man- for trout or a secluded meadow to I think it is important to start my agement land. I will always remember chase elk. As sportsmen face more and comments today by simply thanking taking my son Carter on his first more locked gates and more ‘‘no tres- the chair and ranking member of the backcountry elk hunting trip in the passing’’ signs, it is more important Energy Committee, Senators MUR- Carson National Forest. The bull elk than ever that we keep our public lands KOWSKI and CANTWELL. As Senator that we brought home fed our family open and welcoming to hunters and an- PORTMAN mentioned, they showed in- for a year, but that experience of back- glers. I have heard from sportsmen who credible leadership and also incredible packing in the high country, sleeping have found roads on BLM lands closed patience. That patience and persist- on the ground, and hearing the elk to public access without notice. I my- ence on behalf of all of us is now pay- bugle around us will feed his imagina- self have experienced the frustration of ing off. tion for his entire life. I look forward running into a locked gate on roads My home State of New Mexico occu- to having that same sort of experience that used to be open and even main- pies a very central and interesting with his younger brother, Micah. tained by public agencies.

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.045 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2161 As opportunities for hunting and These two roadless areas provide im- China. Should a supply disruption fishing shrink, we could lose the next portant security habitats for elk, mule occur in China, it will be our manufac- generation of hunters and anglers who deer, black bears, golden eagles, and turers, consumers, and everyone who will fund tens of billions dollars in con- even American pronghorn. I want to depends on the latest technologies for servation and restoration through say a special thanks to the local com- their livelihoods who will suffer the things such as purchasing Duck munity—people who have worked for consequences. Stamps, paying the taxes on ammuni- decades to put this proposal together— Section 3307 of the pending legisla- tion, tackle, and motorboat fuel—all of as well as to Senator TOM UDALL, my tion directs the Secretary of Energy to which are dedicated directly to the colleague from New Mexico, and former establish a program with Federal agen- conservation of fish and wildlife. Senator Jeff Bingaman, for their in- cies, National Laboratories, producers, This bipartisan sportsmen’s package credible leadership as well. academic institutions, and other con- will go a long way toward solving Designating these two new wilder- cerned stakeholders aimed at pro- many of these problems—many of the ness areas completes a national exam- moting efficient production, use, and problems that hunters and anglers face ple of community-driven, landscape- recycling of critical minerals. Section in accessing and using our Nation’s in- scale conservation that will preserve 3308 directs the Secretary of Energy to credible public lands. I am particularly the culture, the natural resources, and put together a comprehensive analysis pleased that the package includes my the economy of this incredibly stun- on rare earth mineral supply and de- legislation, the HUNT Act, which re- ning piece of New Mexico. mand over multiple years, and section quires public land agencies such as the I am proud to work with my col- 3309 establishes an assessment for the Forest Service and BLM to identify leagues on both sides of the aisle today education and training of our high-priority, landlocked public lands to make sure we are making the best workforces in manufacturing, develop- under their management that cur- use of our energy and natural re- ment, and recycling of rare earth min- rently lack legal public access. sources. I am hopeful that, thanks to erals. Higher education institutions Landlocked public lands are tech- our vote today, our kids and our would be able to apply for competitive nically open to the public but are grandkids will be catching trout and grants to help assist in this important sometimes literally impossible to chasing mule deer on our Nation’s in- critical mineral program work. reach unless you own a helicopter be- credible public lands for many years to By providing support for electronics cause there are no public trails, no come. recycling, we are taking necessary public roads leading to them. Under I urge all of my colleagues to support steps to provide economic security, the HUNT Act, Federal agencies such this legislation. This was many years while remediating an international as the BLM and the Forest Service are in the making. It was difficult. It re- economic and environmental problem. required to work with States, tribes, quired an enormous amount of com- It is important that bipartisanship and willing private landowners to pro- promise to get here, but it is an accom- does not stop with the Energy Policy vide public access to those landlocked plishment worthy of that effort, and I Modernization Act, but that we con- areas that have a significant potential urge my colleagues to vote aye. tinue to support and incorporate tech- for hunting, fishing, and other rec- Madam President, I also wish to dis- nological development, create job op- reational uses. cuss an important component ad- portunities for our workers, and make A study by the Center for Western dressed in this bipartisan energy pack- our world a better one for future gen- Priorities estimated that at least half age: critical minerals retrieval from erations. a million acres of public lands in New electronics and technological waste. The PRESIDING OFFICER. The Sen- Mexico are currently landlocked with I am proud of the work accomplished ator from Kentucky. difficult legal public access. The HUNT in the Energy and Natural Resources AMENDMENT NO. 3787 TO AMENDMENT NO. 2953 Act is the first dedicated effort to re- Committee and what we have achieved (Purpose: To provide for the establishment open these lands to their owners. Pub- at this point to move this bill forward. of free market enterprise zones in order to lic lands such as the Gila Wilderness, I would like to thank Senator MUR- help facilitate the creation of new jobs, en- Valles Caldera National Preserve, and KOWSKI, along with Senator WYDEN, for trepreneurial opportunities, enhanced and the Rio Grande del Norte National taking a lead on these issues and get- renewed educational opportunities, and in- Monument are some of the most spe- ting support for rare earth mineral re- creased community involvement in bankrupt cial places to hunt and fish on the cycling adopted into the legislation. or economically distressed areas.) planet. These are the places that make This piece of the legislation provides Mr. PAUL. Mr. President, I call up New Mexico so enchanting and make an important solution—recycling—to my amendment No. 3787. our country so special. reducing electronics waste while ensur- The PRESIDING OFFICER. The I am incredibly excited to see that ing our Nation has the rare earth min- clerk will report the amendment by this natural resources amendment also erals to meet demand for new tech- number. includes the establishment of two new nologies. While the average American The legislative clerk read as follows: wilderness areas within the Rio Grande may not have this issue on their radar, The Senator from Kentucky [Mr. PAUL] del Norte National Monument north- it addresses two major problems. proposes an amendment numbered 3787 to west of Taos, NM. New Mexicans have First, electronics waste is an inter- amendment No. 2953. a deep connection to the outdoors and national issue that is only growing in Mr. PAUL. I ask unanimous consent benefit from the recreation, wildlife, magnitude as consumers obtain the that the reading of the amendment be water, and tourism opportunities that latest devices—from smartphones to dispensed with. wilderness areas provide. automobiles. The United Nations re- The PRESIDING OFFICER. Without For many years now, an incredibly ported last year that 90 percent of the objection, it is so ordered. broad coalition of northern New Mexi- world’s supply of electronic waste is il- (The amendment is printed in the cans has worked to conserve the Rio legally traded and dumped, imperiling RECORD of April 13, 2016, under ‘‘Text of San Antonio and Cerro del Yuta, or Ute lives and the environment. And more Amendments.’’) Mountain, areas. What is even more unfortunately, the United States gen- Mr. PAUL. Madam President, I rise special about Ute Mountain is, while erates 3.4 million tons of waste each today to offer the largest, most sweep- today it is managed by the Bureau of year. ing anti-poverty legislation since LBJ Land Management, this is actually a Second, rare earth minerals are cru- began the War on Poverty. This legisla- place that the Land and Water Con- cial components of almost all of the tion, if passed, would return $100 bil- servation Fund helped put in the public latest consumer technologies, such as lion to areas of poverty and high unem- trust. I have no doubt that future gen- hybrid cars, flat panel televisions, and ployment in our country—areas that erations will be grateful for the many wind turbines. In 2014, the United have been devastated by chronic unem- years of work and support that not States imported at least 50 percent of ployment and poverty. Communities only make these two new wilderness 43 different minerals. The over- like Eastern Kentucky that have been areas possible but make access to spe- whelming majority of the rare earth devastated by the President’s war on cial places like this possible. reserves and production are located in coal would be rescued. Communities

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.036 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2162 CONGRESSIONAL RECORD — SENATE April 19, 2016 like Flint, MI, where the water is un- production and economic growth in to be streamlined so we can rebuild our safe to drink, would be restored. Com- your community. It doesn’t come to cities. munities like Ferguson, the South Side Washington, where politicians often Regulations that artificially drive up of Chicago, and the West End of Louis- pick the winners and losers; it stays labor costs so public projects cost 20 ville would be given a chance to find with the community, where the con- percent, 30 percent more than private the American dream if this legislation sumers decide who succeeds. projects—we will eliminate these rules is passed. Economic freedom zones will work to allow your tax dollars to go further. My legislation is not a gift or a where Big Government has failed be- We will also encourage foreign invest- grant; my legislation simply allows cause the money will remain in the ment to bring jobs back to these chron- $100 billion to remain in the hands of hands of people whom local consumers ic areas of poverty and unemployment. those who earned it. My legislation have voted most able to run a business. Outside investment into local edu- will provide incentive for businesses Whereas big government programs cation and social services will be en- and capital to return to areas over- often send money to people who are un- couraged. To set the stage for contin- whelmed by chronic poverty and unem- able to run a business, who have no uous growth and opportunity for the ployment. proven track record—think of next generation, educational reforms We are just past the 50-year mark on Solyndra; we gave $500 million to peo- will allow parents to move their chil- the War on Poverty. Sadly, 50 years ple who didn’t have a good business dren out of failing schools and into the later, we are still fighting that war, plan—economic freedom zones return school of their choice. and every one of our States still has the money to businesses and the indi- The War on Poverty has been going areas of high unemployment and pov- viduals who have already proved they on for over 50 years, and it often seems erty. can run a successful business. as though poverty is winning. They say I think it is time we try something The President’s big government stim- the definition of insanity is trying the different: an approach that harnesses ulus plan was funded by debt. It didn’t same thing over and over again and ex- the ingenuity and the hard work of in- work because government always fails pecting a different result. Big govern- dividuals, families, and businesses in to identify profitable uses for capital, ment programs have not cured poverty. our most afflicted communities; an ap- whereas returning capital to those who In fact, some would argue they have proach that invites new investment to originally earned it will provide a made it worse. Isn’t it time we tried these communities; an approach that is stimulus that is exponentially bigger. something different? free from government bailouts and bu- In the eastern part of Kentucky, this Today the Senate will have a chance reaucrats picking winners and losers; legislation would provide over half a to try something different. Today the an approach that provides hope and op- billion dollars each year in much need- Senate will have an opportunity to portunity. ed capital. In West Louisville, this leg- begin the rebuilding of America. I urge Economic freedom zones will be the islation would provide an annual infu- my colleagues to vote for economic largest anti-poverty program since the sion of over $200 million. More impor- freedom zones. War on Poverty. Economic freedom tantly, this legislation will provide I yield the floor. zones are areas of reduced taxes and re- hope and opportunity where very little The PRESIDING OFFICER (Mr. duced regulations that increase incen- optimism currently exists. LANKFORD). The Senator from Min- tives for business to come into these For Detroit, it would mean that an nesota. poor communities. This is about much extra $368 million stays in Detroit, in Mr. FRANKEN. Mr. President, I rise more than a government stimulus or a the hands of the families who earned it, to voice my support for the passage of handout. This legislation will empower and it will be spent locally. Businesses the Energy Policy Modernization Act. I communities by leveraging the human that have demonstrated success will be am pleased the Senate is considering capital, natural resources, and business able to hire new employees. Businesses and on the verge of passing legislation investment opportunities that already that move to the area and hire employ- to update our Nation’s energy policy. I exist. ees will be able to take advantage of thank Chairwoman MURKOWSKI, Rank- Reducing taxes in economically dis- these low tax rates and will be wel- ing Member CANTWELL, and their staffs tressed areas is a stimulus that will comed and encouraged to come to the for their hard work in getting this bill work because the money is returned to community by the attraction of these to the floor of the Senate. businesses and individuals who have al- low tax rates. The Energy Policy Modernization ready proved they can succeed. This Flint—a city you see in the news Act is a good bill, but it is not a perfect isn’t government picking whom to give every day—which is struggling even to bill. It is a compromised piece of legis- the money to; this is returning the keep clean water, will see an imme- lation, and it does contain provisions I money to those who have earned it and diate cash infusion of $124 million if my do not support, such as expediting the trying to get those businesses to ex- bill were to pass. As business returns to export of liquid natural gas, which I pand. Flint, as the local economy begins to am concerned could raise domestic en- Cities and counties will be designated grow, so too will the ability of local ergy prices and harm steelworkers in as ‘‘economic freedom zones’’ if local government to finance their infrastruc- northern Minnesota, but there are also unemployment is 50 percent above the ture. This legislation will help the a number of important provisions I do national average or if poverty is 30 per- city’s economy recover and its families support. cent above the national average. Local- have more of their own money to spend Congress has not passed a com- ities that are bankrupt—such as De- on their own needs. We skip the mid- prehensive energy bill since 2007, and a troit or Flint—or are in danger of dleman. Don’t send the money to lot has changed in the energy sector bankruptcy are also eligible in order to Washington. If you want to help poor since then. I believe comprehensive en- attract new investment and economic communities in our country, leave the ergy legislation needs to promote inno- activity that will help shore up the money there. Skip the middleman; vation, deploy clean energy tech- local finances without the need for a don’t send to it Washington. nology, reduce greenhouse gases, and bailout. By slashing the Federal tax Economic freedom zones will mean create good-paying jobs. The energy ef- rate to 5 percent for a 10-year period, an extra $452 million a year left in Bal- ficiency title of this bill will help we can finally incentivize more busi- timore and $1.5 billion left in Chicago. produce electricity use, save con- nesses to locate in our struggling com- These economic effects will be real and sumers money, and increase our com- munities and provide more jobs and op- will be felt immediately. Economic petitiveness through commonsense portunities. freedom zones will also provide other measures such as updating building My plan leaves the hard-earned dol- reforms that set the stage for medium- codes. The bill permanently reauthor- lars of those of the community right and long-term growth. We will lift izes the Land and Water Conservation there in the community. Instead of some of the most anti-growth regu- Fund to ensure that we preserve our sending your money to Washington and latory burdens. We will allow Federal natural resources for generations to begging to get some back, we leave it permitting for construction projects. come. It also invests billions of dollars in your community to stimulate job We will allow this permitting process in science and innovation through the

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.037 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2163 reauthorization of ARPA-E and the house gas emissions and combat cli- energy sources, or they install energy- DOE Office of Science. These are the mate change. While commitments to efficient windows and appliances. Many types of investments we will need to reducing emissions are important, they tell me they want to help our govern- transform our energy system, an en- must be followed by real action to re- ment make these choices as well. Clean ergy system that has been powered by duce our carbon footprint. The Energy energy victory bonds could help us dirty fossil fuels but is increasingly bill we are debating takes an impor- move in that direction. By purchasing powered by clean, renewable tech- tant step forward in doing just that, a Treasury bond specifically devoted to nologies. but of course we cannot stop here. Cli- clean energy, Americans can help the This bill also includes a provision I mate change is an existential threat to government supplement its energy pur- authored with Ranking Member CANT- our planet and future generations. As a chases with energy efficiency upgrades WELL to invest $50 million per year in country, we must continue to expand and clean energy decisions. These in- energy storage research and develop- clean energy and reduce greenhouse vestments could provide additional ment. Energy storage will pay a crucial gases. I hope we can continue to build support to existing Federal financing role in helping unlock substantial new on the bipartisan work we did with this programs already available to States renewable energy resources. As you bill to do just that. for energy efficiency upgrades and know, the Sun shines during the day I thank the Presiding Officer and clean energy. What is exciting about and the wind blows more at night. Bal- yield the floor. this option is that smart investments ancing these intermittent resources The PRESIDING OFFICER. The Sen- can help pay for themselves and bring can be a challenge for energy providers, ator from New Mexico. a return on investment to people who and this is where I see storage playing AMENDMENT NO. 3312 TO AMENDMENT NO. 2953 purchase these bonds. That is why we a critical role in ensuring that our Mr. UDALL. Mr. President, first I think it is so important to study this electricity generation meets our de- wish to thank and congratulate Chair- option. It is a simple financial instru- mand. While storage technology has man LISA MURKOWSKI and Ranking ment that is a win for people saving been around for a long time, we need Member MARIA CANTWELL for all their money and a win for reducing the gov- the next generation of technologies for hard work and leadership on this En- ernment’s energy bill and it is all on a cost-effective implementation at the ergy bill. They have done a very good voluntary basis. grid scale. This investment will spur job of getting this bill to the floor, and During the First and Second World innovation at universities and in the we now find ourselves in the position Wars, our country faced threats we had private sector to help get us where we to offer amendments, which I am here never faced before. We rose to the chal- need to be. to do. I think all of us are very happy lenge and gave it everything we had. Investing in energy storage will also to be able to be moving this legislation Everyone contributed, and for many position the United States to lead in along and amending it. that included investing in victory exporting these technologies to power- My amendment is a very simple bonds. They helped pay for the cost of hungry countries around the world. study amendment. It directs the Sec- the war—$185 billion. That would be Take India, for example. India’s goal is retary of the Treasury to study and over $2 trillion today. Folks lined up to to deploy 100 gigawatts of new solar submit a report to Congress on poten- buy those bonds. That is the spirit of power by 2022—a truly impressive tar- tial clean energy victory bonds. This the American people—to pull together. get. As India and other countries build amendment is pro-clean energy. It It was true then and it is still true economies based on renewable energy, changes no rules, it does not mandate today. they will need storage technologies to any actual bonds, and being a study it We face a very different challenge turn intermittent solar energy into does not score or impact the budget. today. Our energy challenges are seen baseload power. I want America to de- Citizens across this country want to on multiple fronts, from the impacts to our environment to our global and velop and manufacture these storage see a cleaner energy future. They are international struggles based on our technologies which will create jobs and doing their part to conserve energy, dependence on foreign oil. Citizens lower emissions at the same time. purchase cleaner energy, and invest in Energy storage also has the benefit clean energy mutual funds. They are want to unite and contribute. They of making our grid more resilient. Ac- doing this on a voluntary basis. It is want investments in homegrown Amer- cording to the Department of Energy’s having a big impact and pushing clean ican clean energy. Many cannot afford 2015 Quadrennial Energy Review, energy technologies forward in a rather to buy solar panels for their own homes weather was responsible for half of the dramatic way, but we also understand or invest $1,000 minimums to buy clean energy mutual funds, but many can af- reported grid outages between 2011 and our energy challenges are broad and re- ford $25 for a clean energy victory 2014 when customers went without quire large-scale investments by many bond. investors. power, and with the climate changing, This amendment asks the Secretary We can harness and keep it voluntary it is essential we minimize the impact of the Treasury to help inform Con- without any cost to taxpayers through of weather-related grid outages on gress on the feasibility and structure of clean energy victory bonds. The Fed- American households and businesses. developing such a tool. It has broad eral Government is our Nation’s larg- Additional storage capacity will do support from groups such as the Amer- est energy consumer, with more than just that—improving resilience to all ican Sustainable Business Council, 350,000 buildings and 600,000 road vehi- types of grid disruption and allowing Green America, the American Wind En- cles. Think about your own electricity us to keep the lights on. ergy Association, Ceres, the Union of I also worked on a provision in this bill that you pay each month and the Concerned Scientists, and many other bill to reauthorize the DOE Office of gas you buy at the pump. The U.S. groups. It has broad support out there. Government has to pay such bills as Indian Energy. This office provides Mr. President, I ask to call up my well to the tune of over $20 billion each education, training, technical assist- amendment No. 3312 and ask that it be year. Most of that, about two-thirds, is ance, and grants to American Indian reported by number. tribes and Alaska Native villages that for petroleum. The PRESIDING OFFICER. The are looking to develop energy projects. The Federal Government wants to clerk will report the amendment by Since 2002, this office has provided $50 cut its bills too. We invest in clean en- number. million for almost 200 renewable en- ergy through energy efficiency up- The legislative clerk read as follows: grades and through power purchase ergy and energy-efficiency projects in The Senator from New Mexico [Mr. UDALL] Indian Country. We want to build on agreements for cleaner energy and sta- proposes an amendment numbered 3312 to this momentum and continue this suc- ble, predictable energy prices. The gov- amendment No. 2953. cessful program. I am pleased we have ernment has a choice about these op- The amendment is as follows: extended the authorization of this of- tions just as private citizens do. Pri- (Purpose: To require the Secretary of the fice for another 10 years. vate citizens can choose the types of Treasury to develop a plan for issuance of This Friday more than 100 nations energy they purchase for their homes Clean Energy Victory Bonds) will come together in New York to sign and their businesses, and many opt for At the appropriate place, insert the fol- the Paris Agreement to reduce green- wind power, solar power, or other clean lowing:

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.038 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2164 CONGRESSIONAL RECORD — SENATE April 19, 2016 SEC. lll. CLEAN ENERGY VICTORY BONDS. Mr. ISAKSON. Mr. President, I ask supported by groups all across the po- (a) IN GENERAL.—Not later than July 1, to call up the Isakson-Bennet amend- litical spectrum, including the Cham- 2016, the Secretary of the Treasury, in co- ment. ber of Commerce, the National Asso- ordination with the Secretary of Energy and The PRESIDING OFFICER. The ciation of Manufacturers, the Sierra the Secretary of Defense, shall submit a re- clerk will report the amendment by Club, and the Natural Resources De- port to Congress that provides recommenda- number. fense Council. tions for the establishment, issuance, and The legislative clerk read as follows: Our amendment, as Senator ISAKSON promotion of Clean Energy Victory Bonds by the Department of the Treasury (referred to The Senator from Georgia [Mr. ISAKSON] said, would allow for a home’s energy in this section as the ‘‘Clean Energy Victory proposes an amendment numbered 3202 to efficiency to be considered when a bor- Bonds Program’’). amendment No. 2953. rower applies for a loan. So when you (b) REQUIREMENTS.—For purposes of sub- (The amendment is printed in the apply for a mortgage, you can request section (a), the Clean Energy Victory Bonds RECORD of February 2, 2016, under an energy audit, and if you have a loan Program shall be designed to— ‘‘Text of Amendments.’’) backed by the Federal Housing Admin- (1) ensure that any available proceeds from Mr. ISAKSON. Mr. President, I am istration, the energy efficiency of your the issuance of Clean Energy Victory Bonds delighted to rise in favor of the Isak- new home and your future energy bills are used to finance clean energy projects (as son-Bennet amendment, the SAVE Act, will be taken into account by your defined in subsection (c)) at the Federal, and glad to acknowledge my hard work mortgage lender. Why is that impor- State, and local level, which may include— with MICHAEL BENNET, who has been a tant? Well, today, even though home- (A) providing additional support to exist- ing Federal financing programs available to great partner in this effort. owners spend more money on energy States for energy efficiency upgrades and I particularly want to acknowledge than they do on taxes or buying home clean energy deployment, and the patience of Senators Cantwell and insurance, energy costs are not taken (B) providing funding for clean energy in- Murkowski in allowing this bill and into account. And when they are taken vestments by the Department of Defense and amendment to come forward. They into account, as a consequence of this other Federal agencies, have exemplified the type of patience bill, the savings derived from that en- (2) provide for payment of interest to per- that is necessary to do legislative work ergy efficiency can then be applied to sons holding Clean Energy Victory Bonds and do it well. paying your mortgage. through such methods as are determined ap- Very simply, this bill allows the Fed- I want to be clear—and Senator ISAK- propriate by the Secretary of the Treasury, eral Housing Administration, in the SON said this—this amendment is not a including amounts— (A) recaptured from savings achieved underwriting of a mortgage loan for a mandate. It simply sets up a voluntary through reduced energy spending by entities family applying for that loan, to con- program. receiving any funding or financial assistance sider in the value of the appraisal, the It will create thousands of jobs in described in paragraph (1), and enhanced over-minimum standards manufacturing and construction. By (B) collected as interest on loans financed that are put in for insulation and the 2040, the estimates are that it will save or guaranteed under the Clean Energy Vic- enhanced over-minimum standard sav- consumers $1.2 billion in energy costs tory Bonds Program, ings that come to the consumer from and save enough energy to power (3) issue bonds in denominations of not less those energy standards being put in. So 100,000 homes every year. than $25 or such amount as is determined ap- the borrower gets credit as if it is in- I have heard from builders all across propriate by the Secretary of the Treasury Colorado who support this amend- to make them generally accessible to the come from the savings that comes from public, and putting in the insulation for the higher ment—people like Gene Myers, CEO (4) collect not more than $50,000,000,000 in standards. The value of the property is and founder of Thrive Home Builders in revenue from the issuance of Clean Energy enhanced in order for the borrower to Denver. He has built more than 1,000 Victory Bonds for purposes of financing be able to pay for the enhancements, energy-efficient homes, but he under- clean energy projects described in paragraph and they are permanent. It is a win- stands that we won’t fully attain the (1). win-win proposition. benefits of efficiency in the market (c) CLEAN ENERGY PROJECT.—The term Why are we doing this? It already until we properly value it. ‘‘clean energy project’’ means a project worked in the United States. It worked For these reasons, a large and diverse which provides— in the 1980s when the savings and loan coalition supports this amendment. (1) performance-based energy efficiency I urge my colleagues to support this improvements, or industry made most of the mortgage loans. In Georgia, we had a program commonsense amendment to improve (2) clean energy improvements, including— energy efficiency, save money, and cre- (A) electricity generated from solar, wind, called Good Sense Housing. If you put geothermal, hydropower, and hydrokinetic in enhanced energy savings, you were ate American jobs. Mr. President, I yield to the Senator energy sources, given credit toward qualification on from Georgia. (B) fuel cells using non-fossil fuel sources, your loan. When we put them in, we Mr. ISAKSON. Mr. President, I thank (C) advanced batteries, had better thermal windowpanes, bet- Senator BENNET for his support, and I (D) next generation biofuels from non-food ter results, and less consumption. feedstocks, and urge each Member of the Senate today This a good amendment that allows (E) electric vehicle infrastructure. to vote favorably for the SAVE Act and consumers to get what they want and Mr. UDALL. I thank the Presiding favorably for the end legislation. allows Americans to enjoy more en- Officer and will yield the floor. I know I yield the floor. ergy-efficient housing. The PRESIDING OFFICER. The Sen- Senators Bennet and Isakson are here. I urge my colleagues to support this They are both great leaders when it ator from Colorado. amendment. Mr. BENNET. I suggest the absence comes to clean energy and working on The PRESIDING OFFICER. The Sen- this legislation. of a quorum. ator from Colorado. The PRESIDING OFFICER. The I yield the floor. Mr. BENNET. Mr. President, I wish clerk will call the roll. The PRESIDING OFFICER. The Sen- to thank the Senator from Georgia for The bill clerk proceeded to call the ator from Georgia. his tireless work on this bill. We have roll. Mr. ISAKSON. Mr. President, what is been at it now for 3 years, and here we Mr. DAINES. Mr. President, I ask the pending business? are on the floor close to passing it. unanimous consent that the order for The PRESIDING OFFICER. Udall There is not a Senator in this body who the quorum call be rescinded. amendment No. 3312. possesses the knowledge that Senator The PRESIDING OFFICER. Without ISAKSON does about real estate and how AMENDMENT NO. 3202 TO AMENDMENT NO. 2953 objection, it is so ordered. it works in the United States. It has Mr. DAINES. Mr. President, today we (Purpose: To improve the accuracy of been a real privilege to work with him will take steps to secure our Montana mortgage underwriting used by the Federal heritage and ‘‘Made in Montana’’ jobs. Housing Administration by ensuring that en- on the bill. ergy costs are included in the underwriting I also wish to thank the chairwoman We will stand up for the Montana way process, to reduce the amount of energy con- and the ranking member of the com- of life. sumed by homes, to facilitate the creation of mittee for their fine work on this bill. Today we will pass a bill that for the energy efficiency retrofit and construction It is time to enact this commonsense first time would permanently reauthor- jobs, and for other purposes.) bill, the SAFE Act, as it is called. It is ize the Land and Water Conservation

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.041 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2165 Fund, an important piece of legislation Metal and nonmetal mining also has ‘‘(B) approved by the enactment of a bill or ensuring that Montanans have access directly created more than 16,000 good- joint resolution.’’. to public lands. paying Montana jobs. In fact, mining Mr. LANKFORD. Mr. President, As a fifth generation Montanan and overall helps support more than 22,000 there are a lot of good things in this avid sportsman, I recognize how valu- jobs across Montana. bill that we are discussing. There are a able public lands are and the impor- In Montana, energy supports thou- lot of good amendments that have been tance of ensuring access for genera- sands of good-paying jobs for union brought to the floor. tions to come. In fact, during the sum- workers, for tribal members. Access to There has been an awful lot of con- mer recesses, when many Senators are our State’s one-of-a-kind public lands versation over the past year about a traveling around the world, there is no is critical to our State’s tourism econ- program called the Land and Water better place that I like to be than the omy and our way of life. We in Mon- Conservation Fund. It is a straight- back country of Montana, like I was tana say we work, but we also like to forward program that has been around last summer with my wife, my son, and play, striking the right balance to- for a long time. It takes money from our dog Ruby in the Beartooth Wilder- wards responsible natural resource de- revenue from offshore oil drilling and ness. In Montana and throughout the velopment as well as protecting our it uses that money to purchase land, country, the Land and Water Conserva- public lands. usually next to a national park or in tion Fund plays a critical role in With today’s passage of the energy other areas, and that becomes Federal achieving the goal of increased access bill, we will help unleash Montana’s land. and by helping to preserve and protect and our country’s energy potential and The problem is that over the decades Montanans’ opportunities to enjoy uphold our country’s commitment to we have continued to accumulate more hunting, fishing, and other outdoor conservation. money in the Land and Water Con- recreation. I urge adoption of the bill and com- servation Fund and we have continued LWCF keeps lands, like family mend Chairman MURKOWSKI for her to accumulate more land onto the Fed- ranches, in the family and working. It leadership. eral roll but we are not taking care of keeps forests in productive use through Thank you, Mr. President. what we have. the Forest Legacy Program, such as in I suggest the absence of a quorum. The issue with this particular version the Haskill Basin, where my good The PRESIDING OFFICER. The of the Land and Water Conservation friend Chuck Roady of Stoltze Land clerk will call the roll. Fund is that it is not a short-term ex- and Lumber works. Today will be a vic- The bill clerk proceeded to call the tension the way it has always been in tory for them—like Eric Grove of Great roll. the past; it is a permanent program put Divide Cyclery in Helena, MT, who has Mr. LANKFORD. Mr. President, I ask in place—permanent meaning there are built his mountain bike business unanimous consent that the order for no changes. So permanently we put in around the South Hills Trail System the quorum call be rescinded. a structure that continues to purchase outside of Helena, facilitated by LWCF. The PRESIDING OFFICER (Mr. Federal lands without maintaining There are many other small busi- DAINES). Without objection, it is so or- those lands. We all know it. We all see nesses like Eric’s in Montana that de- dered. it. pend on our thriving outdoor economy. AMENDMENT NO. 3210 TO AMENDMENT NO. 2953 Year after year, everyone has said we This bill will also streamline the per- Mr. LANKFORD. Mr. President, I should add more to maintenance, but mitting for the export of liquefied nat- call up my amendment No. 3210 and ask year after year we just buy more land ural gas, allowing more American en- that it be reported by number. using the Land and Water Conservation ergy to power the world. The PRESIDING OFFICER. The Fund and never use other budget funds Montana is the fifth largest producer clerk will report the amendment by for maintenance because, quite frank- of hydropower in the Nation, and we number. ly, there are a lot of other vital Fed- have 23 hydroelectric dams. This bill The bill clerk read as follows: eral issues that need to be paid for. strengthens our Nation’s hydropower The Senator from Oklahoma [Mr. The simple solution to this is to take development by defining hydro as a re- LANKFORD] proposes an amendment num- the money from the Land and Water newable fuel. Only in Washington, DC, bered 3210 to amendment No. 2953. Conservation Fund and make sure that would hydro not be defined as a renew- The amendment is as follows: one simple thing is done: that when we able source of energy. I am glad to see (Purpose: To add provisions relating to ac- purchase land, we also maintain that we will get that cleared up with this quisition of Federal land under the Land land with that funding. We also take bill today. This is great news for Mon- and Water Conservation Fund) care of the backlog. tana, and it is well overdue. On page 426, after line 23, add the fol- This amendment is very straight- This energy bill will establish a pilot lowing: forward: We use 50 percent to purchase project to streamline drilling permits (e) CERTAIN LAND ACQUISITION REQUIRE- land and 50 percent to maintain the if less than 25 percent of the minerals MENTS.—Section 200306 of title 54, United land until we at least get down to a $1 within the spacing unit are Federal States Code (as amended by subsection (d)), billion backlog, and then we can recon- minerals. That is of particular impor- is amended by adding at the end the fol- sider. A $1 billion backlog is the goal. lowing: In some ways, this has become con- tance to Montana, given the patchwork ‘‘(e) NON-ROAD DEFERRED MAINTENANCE of land and mineral ownership in the BACKLOG.—If the non-road deferred mainte- troversial. I can’t believe it would be Bakken. nance backlog on Federal land is greater controversial to say: Let’s try to work This bill will improve Federal per- than $1,000,000,000, acquisitions of land under our Nation down to only a $1 billion mitting of critical and strategic min- this section may not exceed the level of de- backlog in our maintenance for all our eral production, which supports thou- ferred maintenance backlog funding. Federal facilities. sands of good-paying Montana jobs and ‘‘(f) MAINTENANCE NEEDS.—In making an We have record attendance at our na- is essential to our national security acquisition of land under this section, funds tional parks. They are beautiful na- and international competitiveness. The appropriated for the acquisition shall in- tional treasures, but if we can’t main- clude any funds necessary to address mainte- tain them, then we reinforce what is absence of just one critical mineral or nance needs at the time of acquisition on the metal could disrupt entire tech- acquired land. already true: that the Federal Govern- nologies, entire industries, and create a ‘‘(g) CONGRESSIONAL APPROVAL OF CERTAIN ment is the largest landowner, largest ripple effect throughout our entire LAND ACQUISITIONS.—For any acquisition of land controller, and the worst land- economy. land under this section for which the cost of owner in the country. Federal lands are For example, Stillwater mines in the land is greater than $50,000 per acre— maintained the least of any other large Montana is one of the only sources of ‘‘(1) before acquiring the land, the Sec- holder of land. Let’s fix it. palladium and platinum in the world. retary shall submit to Congress a report that This doesn’t take away the Land and Currently, the United States has one of describes the land proposed to be acquired; Water Conservation Fund; this makes and the longest and most arduous permit- ‘‘(2) no acquisition may be made unless the sure we take care of what we have. ting processes for critical minerals in proposed acquisition is— When we purchase land and bring it in, the world. This bill helps address those ‘‘(A) reported to Congress in accordance we make sure we also set aside money concerns. with paragraph (1); and to fix it. Frankly, it is straightforward.

VerDate Sep 11 2014 06:12 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.041 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2166 CONGRESSIONAL RECORD — SENATE April 19, 2016 Today my daughter turns 16 years ernization of the grid and grid storage, I appreciate all of the committee old. She will at some point get a used as my colleague from Alaska knows, on members on our side of the aisle and car. I am sure it will be a doozy—we how to plan for microgrid activity— their contributions, and I certainly ap- are thinking somewhere around a 1978 and Senator HIRONO, because she has a preciate working on these issues with Volvo. Nice and tough. Indestructible. very unique State that she represents, the chair of the committee and many At some point she will end up with a Hawaii. Having an integration of those members. used car, but the requirement is that activities into the grid is very impor- I thank Senator STABENOW and Sen- she has to be a part of the purchase of tant. I thank them for their contribu- ator PETERS. I know we tried for many it. When we buy that car, we will not tions on making our electricity grid weeks to work on a solution to the use everything in our savings account, more distributed and integrating in Flint issue. The chair, Senator MUR- nor will we allow her to use all of her some of the renewable energies and KOWSKI, was very efficient in trying to savings account. She has to have making sure that our grid has the marshal the discussions on her side of enough money to be able to put gas in flexibility to do that. the aisle about how to get a resolution it and maintain it when it breaks down Senator KING has certainly worked to this issue. I thank her for that. I because it is a car and it will break hard to ensure that distributed genera- know our colleagues, Senators STABE- down. This change in the Land and tion gets a fair shake in the market- NOW and PETERS, will continue to work Water Conservation Fund is as simple place and to make sure that consumers on finding solutions to this, so I thank are treated fairly. This is a subject our as that. Whenever we put new land in them for that, and I thank them for committee will continue to work on. I the inventory, we make sure we have their leadership on manufacturing and am sure we are going to hear about it. money set aside to make sure we can vehicle technology as well. For those individual homeowners who actually take care of it. Why have a Again, I know we are going to start are making investments in solar en- car if you can’t put gas in it? Why con- voting, but I can’t emphasize enough ergy, we want to make sure they are tinue to add land year after year if we how much material is in the under- not unfairly treated by their own utili- are not going to maintain it? That is lying bill, the amendments we cleared ties in how that solar development not good stewardship of our resources; earlier by voice vote, and the amend- plays out. They don’t want to be over- that is bad stewardship of our re- ments we are going to vote on. This is charged for the development of solar, if a lot of work, and I want to again sources. they want to put solar on their homes. This amendment says that before we thank the staff for continuing to proc- They are willing to be part of the solu- make this program permanent, let’s fix ess a lot of ideas about energy policies, tion; they don’t want to be the funder the structure of this program to make land conservation policies, and work- of the whole solution. I think Senator sure we are also watching out for the force and energy issues for the future KING is rightly concerned about how because all of these are vital policies program long term as well. distributed generation gets a fair One other quick note. Some of the for us—modernizing our energy infra- shake. land that has been purchased has been structure and making sure we continue I thank Senator FRANKEN. He was out purchased for very high amounts, such here on the floor, and he was a key pro- to protect consumers and businesses as $1-million-per-acre types of ponent of the Department of Energy and making sure we are going to be amounts. This amendment puts a sim- science and investment in the areas of competitive in the future. ple block in it that says: Before there energy storage and generation, and he I again thank the chair for her lead- is a purchase of land for more than has been a very strong voice on why ership on this issue and look forward to $50,000 an acre, run that through Con- storage is so important. And as I men- processing the rest of these amend- gress to make sure someone has had a tioned, Washington being a hydro ments. The PRESIDING OFFICER. The Sen- second look at that. It is a straight- State and having a variety of renew- forward provision to make sure the able energies, having storage capa- ator from Alaska. Ms. MURKOWSKI. Mr. President, as Federal taxpayer is not paying more bility is very important for us in the my colleague on the committee point- than they should per acre for land in Pacific Northwest. ed out, many individuals have made the Federal inventory. Senator FRANKEN is also a very I would urge the adoption of this strong voice in how energy programs great effort and have made very posi- amendment. This doesn’t kill the pro- are going to work in the tribal areas of tive contributions toward where we are gram; it enhances the program. It al- our country. I thank him for that. today with this Energy bill. I wanted lows us to take better care of our Fed- I also thank Senator MANCHIN for to note very quickly some of the eral land and to engage with that. working with Senator HEINRICH and groups who have weighed in through- With that, Mr. President, I yield the Senator MURKOWSKI on the bipartisan out the process as we have sought floor. sportsmen’s package that is included in input in different sectors across the en- The PRESIDING OFFICER. The Sen- this bill, which is something that the ergy space and really across the broad- ator from Washington. Senate—well, let’s just say that we had er economy for some of the ideas in ef- Ms. CANTWELL. Mr. President, be- a lot of discussion about the sports- ficiency, supply, infrastructure, and ac- fore we go to the votes that have been men’s bill over many Congresses, so countability. When we look at the list scheduled on this bill, I wanted to take the fact that we are actually passing a of those organizations from around the a few more minutes. I mentioned some comprehensive sportsmen’s package is country in different areas, I have a of our colleagues from the Energy a great testament to the work of our seven-page, single-spaced list in very Committee and some of their contribu- committee and the work of the Senate small type of those who have weighed tions, but I wanted to mention a couple in a bipartisan fashion. in in support of the measures we have of other provisions that are in this un- I thank Senator WARREN for her in front of us today. From my State, it derlying bill and to thank our col- focus on transparency in energy com- is everyone from the Department of leagues for their hard work, Senator modity markets and ensuring that con- Natural Resources, to the Alaska WYDEN particularly for his focus on re- sumers’ interests are there, particu- Power Association, the Bristol Bay Na- newable energy technologies, such as larly when it comes to global natural tive Corporation, the Cordova Electric marine and hydrokinetic and geo- gas markets, and making sure we are Co-op, and a whole bunch more. thermal. These are important provi- well informed about what is happening At the national level, we have sup- sions because they are going to help us in the marketplace. These are all im- port from the U.S. Chamber of Com- gain a foothold in very important areas portant because we want to have merce, the American Chemistry Coun- of this development. I thank him for enough transparency that the con- cil, the National Electric Manufactur- his contribution. sumers and the government know what ers Association, the Alliance of Auto- I mentioned energy storage earlier, is happening and that we never run mobile Manufacturers—and I am pick- and in committee our colleagues dealt into the kind of situation we did before ing randomly. with this a lot, but Senators FRANKEN, with the manipulation of markets be- We have support from labor groups— HEINRICH, HIRONO, and KING all made cause of very tight markets and people North America’s Building Trades significant contributions on the mod- taking advantage of that. Union, the United Auto Workers, the

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.049 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2167 United Brotherhood of Carpenters— aho National Forest Boundary Adjustment’’ (1) to authorize, direct, expedite, and fa- who all weighed in with support for and dated November 6, 2013, and described as cilitate the land exchange set forth herein; ideas that are included. lots three, four, eight, and nine of section 13, and We have a huge coalition—from the Township 4 North, Range 76 West, Sixth (2) to promote enhanced public outdoor Principal Meridian, Colorado. A lot described recreational and natural resource conserva- Alliance to Save Energy, to Seattle in this subsection may be included in the tion opportunities in the Pike National For- City Light—that have focused on the boundary adjustment only after the Sec- est near Pikes Peak, Colorado, via acquisi- work we have done with efficiency. retary of Agriculture obtains written per- tion of the non-Federal land and trail ease- When we think about those who are mission for such action from the lot owner ment. focused on keeping the lights on, keep- or owners. (b) DEFINITIONS.—In this section: ing fuel affordable, those who produce (b) BOWEN GULCH PROTECTION AREA.—The (1) BHI.—The term ‘‘BHI’’ means the materials that make modern life Secretary of Agriculture shall include all Broadmoor Hotel, Inc., a Colorado corpora- possible, groups such as the National Federal land within the boundary described tion. in subsection (a) in the Bowen Gulch Protec- Hydropower Association, the American (2) FEDERAL LAND.—The term ‘‘Federal tion Area established under section 6 of the land’’ means all right, title, and interest of Petroleum Institute, the National Min- Colorado Wilderness Act of 1993 (16 U.S.C. the United States in and to approximately 83 ing Association, the American Explo- 539j). acres of land within the Pike National For- ration & Mining Association, the Busi- (c) LAND AND WATER CONSERVATION FUND.— est, El Paso County, Colorado, together with ness Council for Sustainable Energy, For purposes of section 200306(a)(2)(B)(i) of a non-exclusive perpetual access easement to the American Public Power Associa- title 54, United States Code, the boundaries BHI to and from such land on Forest Service tion, and Edison Electric Institute— of the Arapaho National Forest, as modified Road 371, as generally depicted on the map under subsection (a), shall be considered to entitled ‘‘Proposed Crags Land Exchange– there is a long list of those who have be the boundaries of the Arapaho National weighed in in support. It is all over the Federal Parcel–Emerald Valley Ranch’’, Forest as in existence on January 1, 1965. dated March 2015. board—the Small Business and Entre- (d) PUBLIC MOTORIZED USE.—Nothing in (3) NON-FEDERAL LAND.—The term ‘‘non- preneurship Council, the American So- this section opens privately owned lands Federal land’’ means the land and trail ease- ciety of Interior Designers, the Ne- within the boundary described in subsection ment to be conveyed to the Secretary by BHI braska Public Power District. The list (a) to public motorized use. in the exchange and is— (e) ACCESS TO NON-FEDERAL LANDS.—Not- (A) approximately 320 acres of land within is comprehensive and notable. withstanding the provisions of section 6(f) of the Pike National Forest, Teller County, I want to be clear, not all in these the Colorado Wilderness Act of 1993 (16 Colorado, as generally depicted on the map groups agree with all aspects of the bill U.S.C. 539j(f)) regarding motorized travel, entitled ‘‘Proposed Crags Land Exchange– that we have in front of us. Those who the owners of any non-Federal lands within Non-Federal Parcel–Crags Property’’, dated the boundary described in subsection (a) who support our work to streamline LNG March 2015; and historically have accessed their lands exports might not necessarily be sup- (B) a permanent trail easement for the through lands now or hereafter owned by the portive of what we are trying to do to Barr Trail in El Paso County, Colorado, as United States within the boundary described clean up the United States Code. But I generally depicted on the map entitled ‘‘Pro- in subsection (a) shall have the continued think it is fair to say that to craft a posed Crags Land Exchange–Barr Trail Ease- right of motorized access to their lands ment to United States’’, dated March 2015, bill that 100 percent of everybody likes across the existing roadway. is just not going to happen. and which shall be considered as a voluntary SEC. 6002. LAND CONVEYANCE, ELKHORN RANCH donation to the United States by BHI for all What we have in front of us today AND WHITE RIVER NATIONAL FOR- purposes of law. and what the Senate will now com- EST, COLORADO. (4) SECRETARY.—The term ‘‘Secretary’’ mence voting on is a bipartisan prod- (a) LAND CONVEYANCE REQUIRED.—Con- sistent with the purpose of the Act of March means the Secretary of Agriculture, unless uct that has gone through an extraor- otherwise specified. dinary process in the past year, has 3, 1909 (43 U.S.C. 772), all right, title, and in- terest of the United States (subject to sub- (c) LAND EXCHANGE.— been collaboratively built, and is an ef- section (b)) in and to a parcel of land con- (1) IN GENERAL.—If BHI offers to convey to fort to modernize our energy policies in sisting of approximately 148 acres as gen- the Secretary all right, title, and interest of a smart way that uses common sense. erally depicted on the map entitled ‘‘Elk- BHI in and to the non-Federal land, the Sec- It is not the government telling us horn Ranch Land Parcel–White River Na- retary shall accept the offer and simulta- what we shall do; it is doing it for the tional Forest’’ and dated March 2015 shall be neously convey to BHI the Federal land. right reasons. conveyed by patent to the Gordman-Leverich (2) LAND TITLE.—Title to the non-Federal Partnership, a Colorado Limited Liability land conveyed and donated to the Secretary With that, Mr. President, we have under this section shall be acceptable to the come to the end of our 2 hours of de- Partnership (in this section referred to as ‘‘GLP’’). Secretary and shall conform to the title ap- bate, so we will commence with our se- (b) EXISTING RIGHTS.—The conveyance proval standards of the Attorney General of ries of rollcall votes that have pre- under subsection (a)— the United States applicable to land acquisi- viously been agreed to. (1) is subject to the valid existing rights of tions by the Federal Government. AMENDMENT NO. 3234, AS MODIFIED, TO the lessee of Federal oil and gas lease COC– (3) PERPETUAL ACCESS EASEMENT TO BHI.— AMENDMENT NO. 2953 75070 and any other valid existing rights; and The nonexclusive perpetual access easement (2) shall reserve to the United States the to be granted to BHI as shown on the map re- Mr. President, at this time, I call up ferred to in subsection (b)(2) shall allow— my amendment No. 3234. right to collect rent and royalty payments on the lease referred to in paragraph (1) for (A) BHI to fully maintain, at BHI’s ex- The PRESIDING OFFICER. The the duration of the lease. pense, and use Forest Service Road 371 from clerk will report the amendment by (c) EXISTING BOUNDARIES.—The conveyance its junction with Forest Service Road 368 in number. under subsection (a) does not modify the ex- accordance with historic use and mainte- The bill clerk read as follows: terior boundary of the White River National nance patterns by BHI; and (B) full and continued public and adminis- The Senator from Alaska [Ms. MURKOWSKI] Forest or the boundaries of Sections 18 and proposes an amendment numbered 3234, as 19 of Township 7 South, Range 93 West, Sixth trative access and use of FSR 371 in accord- modified, to amendment No. 2953. Principal Meridian, Colorado, as such bound- ance with the existing Forest Service travel aries are in effect on the date of the enact- management plan, or as such plan may be re- The amendment, as modified, is as ment of this Act. vised by the Secretary. follows: (d) TIME FOR CONVEYANCE; PAYMENT OF (4) ROUTE AND CONDITION OF ROAD.—BHI and (Purpose: To add certain provisions relating COSTS.—The conveyance directed under sub- the Secretary may mutually agree to im- to natural resources) section (a) shall be completed not later than prove, relocate, reconstruct, or otherwise At the end, add the following: 180 days after the date of the enactment of alter the route and condition of all or por- this Act. The conveyance shall be without tions of such road as the Secretary, in close TITLE VI—NATURAL RESOURCES consideration, except that all costs incurred consultation with BHI, may determine advis- Subtitle A—Land Conveyances and Related by the Secretary of the Interior relating to able. Matters any survey, platting, legal description, or (5) EXCHANGE COSTS.—BHI shall pay for all SEC. 6001. ARAPAHO NATIONAL FOREST BOUND- other activities carried out to prepare and land survey, appraisal, and other costs to the ARY ADJUSTMENT. issue the patent shall be paid by GLP to the Secretary as may be necessary to process (a) IN GENERAL.—The boundary of the Secretary prior to the land conveyance. and consummate the exchange directed by Arapaho National Forest in the State of Col- SEC. 6003. LAND EXCHANGE IN CRAGS, COLO- this section, including reimbursement to the orado is adjusted to incorporate the approxi- RADO. Secretary, if the Secretary so requests, for mately 92.95 acres of land generally depicted (a) PURPOSES.—The purposes of this section staff time spent in such processing and con- as ‘‘The Wedge’’ on the map entitled ‘‘Arap- are— summation.

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(d) EQUAL VALUE EXCHANGE AND APPRAIS- tions applicable to the National Forest Sys- the date of enactment of this Act, shall be ALS.— tem. administered in accordance with— (1) APPRAISALS.—The values of the lands to (3) EXCHANGE TIMETABLE.—It is the intent (A) section 4(d)(4) of the Wilderness Act (16 be exchanged under this section shall be de- of Congress that the land exchange directed U.S.C. 1133(d)(4)); and termined by the Secretary through apprais- by this section be consummated no later (B) the guidelines set forth in appendix A als performed in accordance with— than 1 year after the date of the enactment of the Report of the Committee on Interior (A) the Uniform Appraisal Standards for of this Act. and Insular Affairs to accompany H.R. 2570 of Federal Land Acquisitions; (4) MAPS, ESTIMATES, AND DESCRIPTIONS.— the 101st Congress (H. Rept. 101–405). (B) the Uniform Standards of Professional (A) MINOR ERRORS.—The Secretary and BHI (5) BUFFER ZONES.— Appraisal Practice; may by mutual agreement make minor (A) IN GENERAL.—Nothing in this section (C) appraisal instructions issued by the boundary adjustments to the Federal and creates a protective perimeter or buffer zone Secretary; and non-Federal lands involved in the exchange, around the wilderness areas. (D) shall be performed by an appraiser mu- and may correct any minor errors in any (B) ACTIVITIES OUTSIDE WILDERNESS tually agreed to by the Secretary and BHI. map, acreage estimate, or description of any AREAS.—The fact that an activity or use on (2) EQUAL VALUE EXCHANGE.—The values of land to be exchanged. land outside a wilderness area can be seen or the Federal and non-Federal land parcels ex- (B) CONFLICT.—If there is a conflict be- heard within the wilderness area shall not changed shall be equal, or if they are not tween a map, an acreage estimate, or a de- preclude the activity or use outside the equal, shall be equalized as follows: scription of land under this section, the map boundary of the wilderness area. (A) SURPLUS OF FEDERAL LAND VALUE.—If shall control unless the Secretary and BHI (6) RELEASE OF WILDERNESS STUDY AREAS.— the final appraised value of the Federal land mutually agree otherwise. Congress finds that, for purposes of section exceeds the final appraised value of the non- (C) AVAILABILITY.—Upon enactment of this 603(c) of the Federal Land Policy and Man- Federal land parcel identified in subsection Act, the Secretary shall file and make avail- agement Act of 1976 (43 U.S.C. 1782(c)), the (b)(3)(A), BHI shall make a cash equalization able for public inspection in the head- public land within the San Antonio Wilder- payment to the United States as necessary quarters of the Pike-San Isabel National ness Study Area not designated as wilderness to achieve equal value, including, if nec- Forest a copy of all maps referred to in this by this subsection— essary, an amount in excess of that author- section. (A) has been adequately studied for wilder- ´ ized pursuant to section 206(b) of the Federal SEC. 6004. CERRO DEL YUTA AND RIO SAN ANTO- ness designation; Land Policy and Management Act of l976 (43 NIO WILDERNESS AREAS. (B) is no longer subject to section 603(c) of U.S.C. 1716(b)). (a) DEFINITIONS.—In this section: the Federal Land Policy and Management (1) MAP.—The term ‘‘map’’ means the map (B) USE OF FUNDS.—Any cash equalization Act of 1976 (43 U.S.C. 1782(c)); and ´ moneys received by the Secretary under sub- entitled ‘‘Rıo Grande del Norte National (C) shall be managed in accordance with Monument Proposed Wilderness Areas’’ and paragraph (A) shall be— this section. dated July 28, 2015. (i) deposited in the fund established under (7) MAPS AND LEGAL DESCRIPTIONS.— (2) SECRETARY.—The term ‘‘Secretary’’ Public Law 90–171 (commonly known as the (A) IN GENERAL.—As soon as practicable means the Secretary of the Interior. ‘‘Sisk Act’’; 16 U.S.C. 484a); and after the date of enactment of this Act, the (3) WILDERNESS AREA.—The term ‘‘wilder- (ii) made available to the Secretary for the Secretary shall file the map and legal de- ness area’’ means a wilderness area des- acquisition of land or interests in land in Re- scriptions of the wilderness areas with— ignated by subsection (b)(1). gion 2 of the Forest Service. (i) the Committee on Energy and Natural (b) DESIGNATION OF CERRO DEL YUTA AND URPLUS OF NON FEDERAL LAND Resources of the Senate; and (C) S - RI´O SAN ANTONIO WILDERNESS AREAS.— (ii) the Committee on Natural Resources of VALUE.—If the final appraised value of the (1) IN GENERAL.—In accordance with the the House of Representatives. non-Federal land parcel identified in sub- Wilderness Act (16 U.S.C. 1131 et seq.), the (B) FORCE OF LAW.—The map and legal de- section (b)(3)(A) exceeds the final appraised following areas in the Rı´o Grande del Norte scriptions filed under subparagraph (A) shall value of the Federal land, the United States National Monument are designated as wil- have the same force and effect as if included shall not make a cash equalization payment derness and as components of the National in this section, except that the Secretary to BHI, and surplus value of the non-Federal Wilderness Preservation System: may correct errors in the legal description land shall be considered a donation by BHI (A) CERRO DEL YUTA WILDERNESS.—Certain to the United States for all purposes of law. land administered by the Bureau of Land and map. (3) APPRAISAL EXCLUSIONS.— Management in Taos County, New Mexico, (C) PUBLIC AVAILABILITY.—The map and (A) SPECIAL USE PERMIT.—The appraised comprising approximately 13,420 acres as legal descriptions filed under subparagraph value of the Federal land parcel shall not re- generally depicted on the map, which shall (A) shall be on file and available for public flect any increase or diminution in value due be known as the ‘‘Cerro del Yuta Wilder- inspection in the appropriate offices of the to the special use permit existing on the date ness’’. Bureau of Land Management. (8) NATIONAL LANDSCAPE CONSERVATION SYS- of the enactment of this Act to BHI on the (B) RI´O SAN ANTONIO WILDERNESS.—Certain parcel and improvements thereunder. land administered by the Bureau of Land TEM.—The wilderness areas shall be adminis- (B) BARR TRAIL EASEMENT.—The Barr Trail Management in Rı´o Arriba County, New tered as components of the National Land- easement donation identified in subsection Mexico, comprising approximately 8,120 scape Conservation System. (b)(3)(B) shall not be appraised for purposes acres, as generally depicted on the map, (9) FISH AND WILDLIFE.—Nothing in this of this section. which shall be known as the ‘‘Rı´o San Anto- section affects the jurisdiction of the State of New Mexico with respect to fish and wild- (e) MISCELLANEOUS PROVISIONS.— nio Wilderness’’. life located on public land in the State. (1) WITHDRAWAL PROVISIONS.— (2) MANAGEMENT OF WILDERNESS AREAS.— (10) WITHDRAWALS.—Subject to valid exist- (A) WITHDRAWAL.—Lands acquired by the Subject to valid existing rights, the wilder- Secretary under this section shall, without ness areas shall be administered in accord- ing rights, any Federal land within the wil- further action by the Secretary, be perma- ance with the Wilderness Act (16 U.S.C. 1131 derness areas designated by paragraph (1), nently withdrawn from all forms of appro- et seq.) and this section, except that with re- including any land or interest in land that is priation and disposal under the public land spect to the wilderness areas designated by acquired by the United States after the date laws (including the mining and mineral leas- this subsection— of enactment of this Act, is withdrawn ing laws) and the Geothermal Steam Act of (A) any reference to the effective date of from— 1930 (30 U.S.C. 1001 et seq.). the Wilderness Act shall be considered to be (A) entry, appropriation, or disposal under the public land laws; (B) WITHDRAWAL REVOCATION.—Any public a reference to the date of enactment of this land order that withdraws the Federal land Act; and (B) location, entry, and patent under the from appropriation or disposal under a public (B) any reference in the Wilderness Act to mining laws; and land law shall be revoked to the extent nec- the Secretary of Agriculture shall be consid- (C) operation of the mineral leasing, min- essary to permit disposal of the Federal land ered to be a reference to the Secretary. eral materials, and geothermal leasing laws. (11) TREATY RIGHTS.—Nothing in this sec- parcel to BHI. (3) INCORPORATION OF ACQUIRED LAND AND tion enlarges, diminishes, or otherwise modi- (C) WITHDRAWAL OF FEDERAL LAND.—All INTERESTS IN LAND.—Any land or interest in Federal land authorized to be exchanged land within the boundary of the wilderness fies any treaty rights. under this section, if not already withdrawn areas that is acquired by the United States SEC. 6005. CLARIFICATION RELATING TO A CER- or segregated from appropriation or disposal shall— TAIN LAND DESCRIPTION UNDER THE NORTHERN ARIZONA LAND EX- under the public lands laws upon enactment (A) become part of the wilderness area in CHANGE AND VERDE RIVER BASIN of this Act, is hereby so withdrawn, subject which the land is located; and PARTNERSHIP ACT OF 2005. to valid existing rights, until the date of (B) be managed in accordance with— Section 104(a)(5) of the Northern Arizona conveyance of the Federal land to BHI. (i) the Wilderness Act (16 U.S.C. 1131 et Land Exchange and Verde River Basin Part- (2) POSTEXCHANGE LAND MANAGEMENT.— seq.); nership Act of 2005 (Public Law 109–110; 119 Land acquired by the Secretary under this (ii) this section; and Stat. 2356) is amended by inserting before the section shall become part of the Pike-San (iii) any other applicable laws. period at the end ‘‘, which, notwithstanding Isabel National Forest and be managed in ac- (4) GRAZING.—Grazing of livestock in the section 102(a)(4)(B), includes the N1⁄2, NE1⁄4, cordance with the laws, rules, and regula- wilderness areas, where established before SW1⁄4, SW1⁄4, the N1⁄2, N1⁄2, SE1⁄4, SW1⁄4, and

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the N1⁄2, N1⁄2, SW1⁄4, SE1⁄4, sec. 34, T. 22 N., R. Federal land or non-Federal land may be to indemnify and hold harmless the United 2 E., Gila and Salt River Meridian, Coconino conveyed if necessary to equalize appraised States from any claims or lawsuits arising County, comprising approximately 25 acres’’. values of the exchange properties, without from any conduct by the eligible organiza- SEC. 6006. COOPER SPUR LAND EXCHANGE CLAR- limitation, consistent with the requirements tion or individual on Federal land. IFICATION AMENDMENTS. of this Act and subject to the approval of the (d) APPROVAL AND DENIAL OF REQUESTS.— Section 1206(a) of the Omnibus Public Land Secretary and Mt. Hood Meadows. (1) IN GENERAL.—The Secretary shall notify Management Act of 2009 (Public Law 111–11; ‘‘(ii) TREATMENT OF CERTAIN COMPENSATION an eligible organization or individual of the 123 Stat. 1018) is amended— OR CONVEYANCES AS DONATION.—If, after pay- approval or denial of a request by the eligi- (1) in paragraph (1)— ment of compensation or adjustment of land ble organization or individual to carry out a (A) in subparagraph (C), by striking ‘‘120 area subject to exchange under this Act, the good Samaritan search-and-recovery mission acres’’ and inserting ‘‘107 acres’’; and amount by which the appraised value of the under this section by not later than 48 hours (B) in subparagraph (E)(ii), by inserting land and other property conveyed by Mt. after the request is made. ‘‘improvements,’’ after ‘‘buildings,’’; and Hood Meadows under subparagraph (A) ex- (2) DENIALS.—If the Secretary denies a re- (2) in paragraph (2)— ceeds the appraised value of the land con- quest from an eligible organization or indi- (A) in subparagraph (D)— veyed by the Secretary under subparagraph vidual to carry out a good Samaritan search- (i) in clause (i), by striking ‘‘As soon as (A) shall be considered a donation by Mt. and-recovery mission under this section, the practicable after the date of enactment of Hood Meadows to the United States.’’. Secretary shall notify the eligible organiza- this Act, the Secretary and Mt. Hood Mead- SEC. 6007. EXPEDITED ACCESS TO CERTAIN FED- tion or individual of— ows shall select’’ and inserting ‘‘Not later ERAL LAND. (A) the reason for the denial of the request; than 120 days after the date of the enactment (a) DEFINITIONS.—In this section: and of the Energy Policy Modernization Act of (1) ELIGIBLE.—The term ‘‘eligible’’, with re- (B) any actions that the eligible organiza- 2016, the Secretary and Mt. Hood Meadows spect to an organization or individual, means tion or individual can take to meet the re- shall jointly select’’; that the organization or individual, respec- quirements for the request to be approved. (ii) in clause (ii), in the matter preceding tively, is— (e) PARTNERSHIPS.—Each Secretary shall subclause (I), by striking ‘‘An appraisal (A) acting in a not-for-profit capacity; and develop search-and-recovery-focused partner- under clause (i) shall’’ and inserting ‘‘Except (B) composed entirely of members who, at ships with search-and-recovery organiza- as provided under clause (iii), an appraisal the time of the good Samaritan search-and- tions— under clause (i) shall assign a separate value recovery mission, have attained the age of (1) to coordinate good Samaritan search- to each tax lot to allow for the equalization majority under the law of the State where and-recovery missions on Federal land under of values and’’; and the mission takes place. the administrative jurisdiction of the Sec- (iii) by adding at the end the following: (2) GOOD SAMARITAN SEARCH-AND-RECOVERY retary; and ‘‘(iii) FINAL APPRAISED VALUE.— MISSION.—The term ‘‘good Samaritan search- (2) to expedite and accelerate good Samari- ‘‘(I) IN GENERAL.—Subject to subclause (II), and-recovery mission’’ means a search con- tan search-and-recovery mission efforts for after the final appraised value of the Federal ducted by an eligible organization or indi- missing individuals on Federal land under land and the non-Federal land are deter- vidual for 1 or more missing individuals be- the administrative jurisdiction of the Sec- mined and approved by the Secretary, the lieved to be deceased at the time that the retary. Secretary shall not be required to reappraise search is initiated. (f) REPORT.—Not later than 180 days after or update the final appraised value for a pe- (3) SECRETARY.—The term ‘‘Secretary’’ the date of enactment of this Act, the Secre- riod of up to 3 years, beginning on the date means the Secretary of the Interior or the taries shall submit to Congress a joint report of the approval by the Secretary of the final Secretary of Agriculture, as applicable. describing— appraised value. (b) PROCESS.— (1) plans to develop partnerships described ‘‘(II) EXCEPTION.—Subclause (I) shall not (1) IN GENERAL.—Each Secretary shall de- in subsection (e)(1); and apply if the condition of either the Federal velop and implement a process to expedite (2) efforts carried out to expedite and ac- land or the non-Federal land referred to in access to Federal land under the administra- celerate good Samaritan search-and-recov- subclause (I) is significantly and substan- tive jurisdiction of the Secretary for eligible ery mission efforts for missing individuals on tially altered by fire, windstorm, or other organizations and individuals to request ac- Federal land under the administrative juris- events. cess to Federal land to conduct good Samari- diction of each Secretary pursuant to sub- ‘‘(iv) PUBLIC REVIEW.—Before completing tan search-and-recovery missions. section (e)(2). the land exchange under this Act, the Sec- (2) INCLUSIONS.—The process developed and SEC. 6008. BLACK HILLS NATIONAL CEMETERY retary shall make available for public review implemented under this subsection shall in- BOUNDARY MODIFICATION. the complete appraisals of the land to be ex- clude provisions to clarify that— (a) DEFINITIONS.—In this section: changed.’’; and (A) an eligible organization or individual (1) CEMETERY.—The term ‘‘Cemetery’’ (B) by striking subparagraph (G) and in- granted access under this section— means the Black Hills National Cemetery in serting the following: (i) shall be acting for private purposes; and Sturgis, South Dakota. ‘‘(G) REQUIRED CONVEYANCE CONDITIONS.— (ii) shall not be considered to be a Federal (2) FEDERAL LAND.—The term ‘‘Federal Prior to the exchange of the Federal and volunteer; land’’ means the approximately 200 acres of non-Federal land— (B) an eligible organization or individual Bureau of Land Management land adjacent ‘‘(i) the Secretary and Mt. Hood Meadows conducting a good Samaritan search-and-re- to the Cemetery, generally depicted as ‘‘Pro- may mutually agree for the Secretary to re- covery mission under this section shall not posed National Cemetery Expansion’’ on the serve a conservation easement to protect the be considered to be a volunteer under section map entitled ‘‘Proposed Expansion of Black identified wetland in accordance with appli- 102301(c) of title 54, United States Code; Hills National Cemetery-South Dakota’’ and cable law, subject to the requirements that— (C) chapter 171 of title 28, United States dated September 28, 2015. ‘‘(I) the conservation easement shall be Code (commonly known as the ‘‘Federal Tort (3) SECRETARY.—The term ‘‘Secretary’’ consistent with the terms of the September Claims Act’’), shall not apply to an eligible means the Secretary of the Interior. 30, 2015, mediation between the Secretary organization or individual carrying out a pri- (b) TRANSFER AND WITHDRAWAL OF BUREAU and Mt. Hood Meadows; and vately requested good Samaritan search-and- OF LAND MANAGEMENT LAND FOR CEMETERY ‘‘(II) in order to take effect, the conserva- recovery mission under this section; and USE.— tion easement shall be finalized not later (D) chapter 81 of title 5, United States Code (1) TRANSFER OF ADMINISTRATIVE JURISDIC- than 120 days after the date of enactment of (commonly known as the ‘‘Federal Employ- TION.— the Energy Policy Modernization Act of 2016; ees Compensation Act’’), shall not apply to (A) IN GENERAL.—Subject to valid existing and an eligible organization or individual con- rights, administrative jurisdiction over the ‘‘(ii) the Secretary shall reserve a 24-foot- ducting a good Samaritan search-and-recov- Federal land is transferred from the Sec- wide nonexclusive trail easement at the ex- ery mission under this section, and the con- retary to the Secretary of Veterans Affairs isting trail locations on the Federal land duct of the good Samaritan search-and-re- for use as a national cemetery in accordance that retains for the United States existing covery mission shall not constitute civilian with chapter 24 of title 38, United States rights to construct, reconstruct, maintain, employment. Code. and permit nonmotorized use by the public (c) RELEASE OF FEDERAL GOVERNMENT (B) LEGAL DESCRIPTIONS.— of existing trails subject to the right of the FROM LIABILITY.—The Secretary shall not re- (i) IN GENERAL.—As soon as practicable owner of the Federal land— quire an eligible organization or individual after the date of enactment of this Act, the ‘‘(I) to cross the trails with roads, utilities, to have liability insurance as a condition of Secretary shall publish in the Federal Reg- and infrastructure facilities; and accessing Federal land under this section, if ister a notice containing a legal description ‘‘(II) to improve or relocate the trails to the eligible organization or individual— of the Federal land. accommodate development of the Federal (1) acknowledges and consents, in writing, (ii) EFFECT.—A legal description published land. to the provisions described in subparagraphs under clause (i) shall have the same force ‘‘(H) EQUALIZATION OF VALUES.— (A) through (D) of subsection (b)(2); and and effect as if included in this section, ex- ‘‘(i) IN GENERAL.—Notwithstanding sub- (2) signs a waiver releasing the Federal cept that the Secretary may correct any paragraph (A), in addition to or in lieu of Government from all liability relating to the clerical and typographical errors in the legal monetary compensation, a lesser area of access granted under this section and agrees description.

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(iii) AVAILABILITY.—Copies of the legal de- SEC. 6102. LOWER FARMINGTON AND SALMON section 6(c) of the Wild and Scenic Rivers scription published under clause (i) shall be BROOK RECREATIONAL RIVERS. Act (16 U.S.C. 1277(c)). available for public inspection in the appro- (a) DESIGNATION.—Section 3(a) of the Wild (B) ACQUISITION OF LAND.—The provisions priate offices of— and Scenic Rivers Act (16 U.S.C. 1274(a)) is of section 6(c) of the Wild and Scenic Rivers (I) the Bureau of Land Management; and amended by adding at the end the following Act (16 U.S.C. 1277(c)) that prohibit Federal (II) the National Cemetery Administration. new paragraph: acquisition of lands by condemnation shall (iv) COSTS.—The Secretary of Veterans Af- ‘‘(213) LOWER FARMINGTON RIVER AND SALM- apply to the segments designated in sub- fairs shall reimburse the Secretary for the ON BROOK, CONNECTICUT.—Segments of the section (a). The authority of the Secretary costs incurred by the Secretary in carrying main stem and its tributary, Salmon Brook, to acquire lands for the purposes of the seg- out this subparagraph, including the costs of totaling approximately 62 miles, to be ad- ments designated in subsection (a) shall be any surveys and other reasonable costs. ministered by the Secretary of the Interior limited to acquisition by donation or acqui- (2) WITHDRAWAL.—Subject to valid existing as follows: sition with the consent of the owner of the rights, for any period during which the Fed- ‘‘(A) The approximately 27.2-mile segment lands, and shall be subject to the additional eral land is under the administrative juris- of the Farmington River beginning 0.2 miles criteria set forth in the management plan. below the tailrace of the Lower Collinsville diction of the Secretary of Veterans Affairs, (5) RAINBOW DAM.—The designation made the Federal land— Dam and extending to the site of the by subsection (a) shall not be construed to— Spoonville Dam in Bloomfield and East (A) is withdrawn from all forms of appro- (A) prohibit, pre-empt, or abridge the po- Granby as a recreational river. priation under the public land laws, includ- tential future licensing of the Rainbow Dam ‘‘(B) The approximately 8.1-mile segment ing the mining laws, the mineral leasing and Reservoir (including any and all aspects of the Farmington River extending from 0.5 laws, and the geothermal leasing laws; and of its facilities, operations and transmission miles below the Rainbow Dam to the con- (B) shall be treated as property as defined lines) by the Federal Energy Regulatory fluence with the Connecticut River in Wind- under section 102(9) of title 40, United States Commission as a federally licensed hydro- sor as a recreational river. Code. electric generation project under the Federal ‘‘(C) The approximately 2.4-mile segment (3) BOUNDARY MODIFICATION.—The boundary Power Act, provided that the Commission of the main stem of Salmon Brook extending of the Cemetery is modified to include the may, in the discretion of the Commission from the confluence of the East and West Federal land. and consistent with this section, establish (4) MODIFICATION OF PUBLIC LAND ORDER.— Branches to the confluence with the Farm- ington River as a recreational river. such reasonable terms and conditions in a Public Land Order 2112, dated June 6, 1960 (25 hydropower license for Rainbow Dam as are Fed. Reg. 5243), is modified to exclude the ‘‘(D) The approximately 12.6-mile segment of the West Branch of Salmon Brook extend- necessary to reduce impacts identified by Federal land. the Secretary as invading or unreasonably (c) SUBSEQUENT TRANSFER OF ADMINISTRA- ing from its headwaters in Hartland, Con- diminishing the scenic, recreational, and fish TIVE JURISDICTION.— necticut to its confluence with the East and wildlife values of the segments des- (1) NOTICE.—On a determination by the Branch of Salmon Brook as a recreational ignated by subsection (a); or Secretary of Veterans Affairs that all or a river. (B) affect the operation of, or impose any portion of the Federal land is not being used ‘‘(E) The approximately 11.4-mile segment flow or release requirements on, the unli- for purposes of the Cemetery, the Secretary of the East Branch of Salmon Brook extend- censed hydroelectric facility at Rainbow of Veterans Affairs shall notify the Sec- ing from the Massachusetts-Connecticut Dam and Reservoir. retary of the determination. State line to the confluence with the West (6) RELATION TO NATIONAL PARK SYSTEM.— (2) TRANSFER OF ADMINISTRATIVE JURISDIC- Branch of Salmon Brook as a recreational Notwithstanding section 10(c) of the Wild TION.—Subject to paragraphs (3) and (4), the river.’’. and Scenic Rivers Act (16 U.S.C. 1281(c)), the Secretary of Veterans Affairs shall transfer (b) MANAGEMENT.— Lower Farmington River shall not be admin- to the Secretary administrative jurisdiction (1) IN GENERAL.—The river segments des- istered as part of the National Park System over the Federal land subject to a notice ignated by subsection (a) shall be managed or be subject to regulations which govern the under paragraph (1). in accordance with the management plan National Park System. (3) DECONTAMINATON.—The Secretary of and such amendments to the management (c) FARMINGTON RIVER, CONNECTICUT, DES- Veterans Affairs shall be responsible for the plan as the Secretary determines are con- IGNATION REVISION.—Section 3(a)(156) of the costs of any decontamination of the Federal sistent with this section. The management Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) land subject to a notice under paragraph (1) plan shall be deemed to satisfy the require- is amended in the first sentence— that the Secretary determines to be nec- ments for a comprehensive management plan (1) by striking ‘‘14-mile’’ and inserting essary for the Federal land to be restored to pursuant to section 3(d) of the Wild and Sce- ‘‘15.1-mile’’; and public land status. nic Rivers Act (16 U.S.C. 1274(d)). (2) by striking ‘‘to the downstream end of (4) RESTORATION TO PUBLIC LAND STATUS.— (2) COMMITTEE.—The Secretary shall co- the New Hartford-Canton, Connecticut town The Federal land subject to a notice under ordinate the management responsibilities of line’’ and inserting ‘‘to the confluence with paragraph (1) shall only be restored to public the Secretary under this section with the the Nepaug River’’. land status on— Lower Farmington River and Salmon Brook (d) DEFINITIONS.—For the purposes of this (A) acceptance by the Secretary of the Wild and Scenic Committee, as specified in section: Federal land subject to the notice; and the management plan. (1) MANAGEMENT PLAN.—The term ‘‘man- (B) a determination by the Secretary that (3) COOPERATIVE AGREEMENTS.— agement plan’’ means the management plan the Federal land subject to the notice is suit- (A) IN GENERAL.—In order to provide for prepared by the Salmon Brook Wild and Sce- able for— the long-term protection, preservation, and nic Study Committee entitled the ‘‘Lower (i) restoration to public land status; and enhancement of the river segment des- Farmington River and Salmon Brook Man- (ii) the operation of 1 or more of the public ignated by subsection (a), the Secretary is agement Plan’’ and dated June 2011. land laws with respect to the Federal land. authorized to enter into cooperative agree- (2) SECRETARY.—The term ‘‘Secretary’’ (5) ORDER.—If the Secretary accepts the ments pursuant to sections 10(e) and 11(b)(1) means the Secretary of the Interior. Federal land under paragraph (4)(A) and of the Wild and Scenic Rivers Act with— makes a determination of suitability under (i) the State of Connecticut; SEC. 6103. SPECIAL RESOURCE STUDY OF PRESI- paragraph (4)(B), the Secretary may— (ii) the towns of Avon, Bloomfield, Bur- DENT STREET STATION. (A) open the accepted Federal land to oper- lington, East Granby, Farmington, Granby, (a) DEFINITIONS.—In this section: ation of 1 or more of the public land laws; Hartland, Simsbury, and Windsor in Con- (1) SECRETARY.—The term ‘‘Secretary’’ and necticut; and means the Secretary of the Interior. (B) issue an order to carry out the opening (iii) appropriate local planning and envi- (2) STUDY AREA.—The term ‘‘study area’’ authorized under subparagraph (A). ronmental organizations. means the President Street Station, a rail- (B) CONSISTENCY.—All cooperative agree- road terminal in Baltimore, Maryland, the Subtitle B—National Park Management, ments provided for under this section shall history of which is tied to the growth of the Studies, and Related Matters be consistent with the management plan and railroad industry in the 19th century, the SEC. 6101. REFUND OF FUNDS USED BY STATES may include provisions for financial or other Civil War, the Underground Railroad, and TO OPERATE NATIONAL PARKS DUR- ING SHUTDOWN. assistance from the United States. the immigrant influx of the early 20th cen- (a) IN GENERAL.—The Director of the Na- (4) LAND MANAGEMENT.— tury. tional Park Service shall refund to each (A) ZONING ORDINANCES.—For the purposes (b) SPECIAL RESOURCE STUDY.— State all funds of the State that were used to of the segments designated in subsection (a), (1) STUDY.—The Secretary shall conduct a reopen and temporarily operate a unit of the the zoning ordinances adopted by the towns special resource study of the study area. National Park System during the period in in Avon, Bloomfield, Burlington, East Gran- (2) CONTENTS.—In conducting the study October 2013 in which there was a lapse in by, Farmington, Granby, Hartland, under paragraph (1), the Secretary shall— appropriations for the unit. Simsbury, and Windsor in Connecticut, in- (A) evaluate the national significance of (b) FUNDING.—Funds of the National Park cluding provisions for conservation of the study area; Service that are appropriated after the date floodplains, wetlands and watercourses asso- (B) determine the suitability and feasi- of enactment of this Act shall be used to ciated with the segments, shall be deemed to bility of designating the study area as a unit carry out this section. satisfy the standards and requirements of of the National Park System;

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.043 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2171 (C) consider other alternatives for preser- property (referred to in this section as the Ridge tract’’ means the parcel of Federal vation, protection, and interpretation of the ‘‘site’’). land located in Arlington County, Virginia, study area by the Federal Government, (b) CRITERIA.—The Secretary shall conduct known as the ‘‘Nevius Tract’’ and transferred State or local government entities, or pri- the study under subsection (a) in accordance to the Department of the Interior in 1953, vate and nonprofit organizations; with section 100507 of title 54, United States that is bounded generally by— (D) consult with interested Federal agen- Code. (1) Arlington Boulevard (United States cies, State or local governmental entities, (c) CONTENTS.—In conducting the study Route 50) to the north; private and nonprofit organizations, or any under subsection (a), the Secretary shall— (2) Jefferson Davis Highway (Virginia other interested individuals; and (1) evaluate the national significance of Route 110) to the east; (E) identify cost estimates for any Federal the site; (3) Marshall Drive to the south; and acquisition, development, interpretation, op- (2) determine the suitability and feasi- (4) North Meade Street to the west. bility of designating the site as a unit of the eration, and maintenance associated with (b) ESTABLISHMENT OF VISITOR SERVICES National Park System; the alternatives. FACILITY.—Notwithstanding section 2863(g) (3) include cost estimates for any nec- (3) APPLICABLE LAW.—The study required of the Military Construction Authorization essary acquisition, development, operation, under paragraph (1) shall be conducted in ac- Act for Fiscal Year 2002 (Public Law 107–107; and maintenance of the site; cordance with section 100507 of title 54, 115 Stat. 1332), the Secretary of the Interior (4) consult with interested Federal, State, United States Code. may construct a structure for visitor serv- or local governmental entities, private and (4) REPORT.—Not later than 3 years after ices to include a public restroom facility on nonprofit organizations, or other interested the date on which funds are first made avail- the Arlington Ridge tract in the area of the individuals; and able for the study under paragraph (1), the United States Marine Corps War Memorial. Secretary shall submit to the Committee on (5) identify alternatives for the manage- Natural Resources of the House of Rep- ment, administration, and protection of the Subtitle C—Sportsmen’s Access and Land resentatives and the Committee on Energy site. Management Issues and Natural Resources of the Senate a report (d) REPORT.—Not later than 3 years after the date on which funds are made available PART I—NATIONAL POLICY that describes— to carry out the study under subsection (a), (A) the results of the study; and SEC. 6201. CONGRESSIONAL DECLARATION OF the Secretary shall submit to the Committee NATIONAL POLICY. (B) any conclusions and recommendations on Natural Resources of the House of Rep- of the Secretary. (a) IN GENERAL.—Congress declares that it resentatives and the Committee on Energy is the policy of the United States that Fed- SEC. 6104. SPECIAL RESOURCE STUDY OF and Natural Resources of the Senate a report THURGOOD MARSHALL’S ELEMEN- eral departments and agencies, in accord- that describes— ance with the missions of the departments TARY SCHOOL. (1) the findings and conclusions of the (a) DEFINITIONS.—In this section: and agencies, Executive Orders 12962 and study; and 13443 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. (1) SECRETARY.—The term ‘‘Secretary’’ (2) any recommendations of the Secretary. means the Secretary of the Interior. Reg. 46537 (August 16, 2007)), and applicable SEC. 6106. NORTH COUNTRY NATIONAL SCENIC (2) STUDY AREA.—The term ‘‘study area’’ law, shall— TRAIL ROUTE ADJUSTMENT. (1) facilitate the expansion and enhance- means— (a) ROUTE ADJUSTMENT.—Section 5(a)(8) of ment of hunting, fishing, and recreational (A) P.S. 103, the public school located in the National Trails System Act (16 U.S.C. shooting opportunities on Federal land, in West Baltimore, Maryland, which Thurgood 1244(a)(8)) is amended in the first sentence— consultation with the Wildlife and Hunting Marshall attended as a youth; and (1) by striking ‘‘thirty two hundred miles, Heritage Conservation Council, the Sport (B) any other resources in the neighbor- extending from eastern New York State’’ and Fishing and Boating Partnership Council, hood surrounding P.S. 103 that relate to the inserting ‘‘4,600 miles, extending from the State and tribal fish and wildlife agencies, early life of Thurgood Marshall. Appalachian Trail in Vermont’’; and and the public; (b) SPECIAL RESOURCE STUDY.— (2) by striking ‘‘Proposed North Country (2) conserve and enhance aquatic systems (1) STUDY.—The Secretary shall conduct a Trail’’ and all that follows through ‘‘June and the management of game species and the special resource study of the study area. 1975.’’ and inserting ‘‘ ‘North Country Na- habitat of those species on Federal land, in- (2) CONTENTS.—In conducting the study tional Scenic Trail, Authorized Route’ dated cluding through hunting and fishing, in a under paragraph (1), the Secretary shall— February 2014, and numbered 649/116870.’’. (A) evaluate the national significance of (b) NO CONDEMNATION.—Section 5(a)(8) of manner that respects— the study area; the National Trails System Act (16 U.S.C. (A) State management authority over (B) determine the suitability and feasi- 1244(a)(8)) is amended by adding at the end wildlife resources; and bility of designating the study area as a unit the following: ‘‘No land or interest in land (B) private property rights; and of the National Park System; outside of the exterior boundary of any Fed- (3) consider hunting, fishing, and rec- (C) consider other alternatives for preser- erally administered area may be acquired by reational shooting opportunities as part of vation, protection, and interpretation of the the Federal Government for the trail by con- all Federal plans for land, resource, and trav- study area by the Federal Government, demnation.’’. el management. State or local government entities, or pri- SEC. 6107. DESIGNATION OF JAY S. HAMMOND (b) EXCLUSION.—In this subtitle, the term vate and nonprofit organizations; WILDERNESS AREA. ‘‘fishing’’ does not include commercial fish- (D) consult with interested Federal agen- (a) DESIGNATION.—The approximately ing in which fish are harvested, either in cies, State or local governmental entities, 2,600,000 acres of National Wilderness Preser- whole or in part, that are intended to enter private and nonprofit organizations, or any vation System land located within the Lake commerce through sale. other interested individuals; and Clark National Park and Preserve designated PART II—SPORTSMEN’S ACCESS TO (E) identify cost estimates for any Federal by section 201(e)(7)(a) of the Alaska National FEDERAL LAND acquisition, development, interpretation, op- Interest Lands Conservation Act (16 U.S.C. eration, and maintenance associated with 410hh(e)(7)(a)) shall be known and designated SEC. 6211. DEFINITIONS. as the ‘‘Jay S. Hammond Wilderness Area’’. the alternatives. In this part: (b) REFERENCES.—Any reference in a law, (3) APPLICABLE LAW.—The study required map, regulation, document, paper, or other (1) FEDERAL LAND.—The term ‘‘Federal under paragraph (1) shall be conducted in ac- record of the United States to the wilderness land’’ means— cordance with section 100507 of title 54, area referred to in subsection (a) shall be (A) any land in the National Forest Sys- United States Code. deemed to be a reference to the ‘‘Jay S. tem (as defined in section 11(a) of the Forest (4) REPORT.—Not later than 3 years after Hammond Wilderness Area’’. and Rangeland Renewable Resources Plan- the date on which funds are first made avail- ning Act of 1974 (16 U.S.C. 1609(a))) that is ad- able to carry out the study under paragraph SEC. 6108. ADVISORY COUNCIL ON HISTORIC PRESERVATION. ministered by the Secretary of Agriculture, (1), the Secretary shall submit to the Com- Section 304101(a) of title 54, United States acting through the Chief of the Forest Serv- mittee on Natural Resources of the House of Code, is amended— ice; and Representatives and the Committee on En- (1) by redesignating paragraphs (8), (9), (10), (B) public lands (as defined in section 103 of ergy and Natural Resources of the Senate a and (11) as paragraphs (9), (10), (11), and (12), the Federal Land Policy and Management report that describes— respectively; and Act of 1976 (43 U.S.C. 1702)), the surface of (A) the results of the study; and (2) by inserting after paragraph (7) the fol- which is administered by the Secretary of (B) any conclusions and recommendations lowing: the Interior, acting through the Director of of the Secretary. ‘‘(8) The General Chairman of the National the Bureau of Land Management. SEC. 6105. SPECIAL RESOURCE STUDY OF JAMES Association of Tribal Historic Preservation (2) SECRETARY CONCERNED.—The term ‘‘Sec- K. POLK PRESIDENTIAL HOME. Officers.’’. retary concerned’’ means— (a) IN GENERAL.—The Secretary of the In- SEC. 6109. ESTABLISHMENT OF A VISITOR SERV- (A) the Secretary of Agriculture, with re- terior (referred to in this section as the ICES FACILITY ON THE ARLINGTON spect to land described in paragraph (1)(A); ‘‘Secretary’’) shall conduct a special re- RIDGE TRACT. and source study of the site of the James K. Polk (a) DEFINITION OF ARLINGTON RIDGE (B) the Secretary of the Interior, with re- Home in Columbia, Tennessee, and adjacent TRACT.—In this section, the term ‘‘Arlington spect to land described in paragraph (1)(B).

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SEC. 6212. FEDERAL LAND OPEN TO HUNTING, (c) TEMPORARY CLOSURES.— the Chairman of the Administrative Con- FISHING, AND RECREATIONAL (1) IN GENERAL.—A temporary closure ference of the United States, after consulta- SHOOTING. under this section may not exceed a period of tion with the Chief Counsel for Advocacy of (a) IN GENERAL.—Subject to subsection (b), 180 days. the Small Business Administration, shall Federal land shall be open to hunting, fish- (2) RENEWAL.—Except in an emergency, a submit to Congress and make publicly avail- ing, and recreational shooting, in accordance temporary closure for the same area of land able online a report on the amount of fees with applicable law, unless the Secretary closed to the same activities— and other expenses awarded during the pre- concerned closes an area in accordance with (A) may not be renewed more than 3 times ceding fiscal year under this section. section 6213. after the first temporary closure; and ‘‘(2) Each report under paragraph (1) shall (b) EFFECT OF PART.—Nothing in this part (B) must be subject to a separate notice describe the number, nature, and amount of opens to hunting, fishing, or recreational and comment procedure in accordance with the awards, the claims involved in the con- shooting any land that is not open to those subsection (b)(2). troversy, and any other relevant information activities as of the date of enactment of this (3) EFFECT OF TEMPORARY CLOSURE.—Any that may aid Congress in evaluating the Act. Federal land that is temporarily closed to scope and impact of such awards. SEC. 6213. CLOSURE OF FEDERAL LAND TO HUNT- hunting, fishing, or recreational shooting ‘‘(3)(A) Each report under paragraph (1) ING, FISHING, AND RECREATIONAL shall account for all payments of fees and under this section shall not become perma- SHOOTING. other expenses awarded under this section nently closed to that activity without a sep- (a) AUTHORIZATION.— that are made pursuant to a settlement arate public notice and opportunity to com- (1) IN GENERAL.—Subject to paragraph (2) agreement, regardless of whether the settle- ment in accordance with subsection (b)(2). and in accordance with section 302(b) of the ment agreement is sealed or otherwise sub- (d) REPORTING.—On an annual basis, the Federal Land Policy and Management Act of ject to a nondisclosure provision. 1976 (43 U.S.C. 1732(b)), the Secretary con- Secretaries concerned shall— ‘‘(B) The disclosure of fees and other ex- cerned may designate any area on Federal (1) publish on a public website a list of all penses required under subparagraph (A) shall land in which, and establish any period dur- areas of Federal land temporarily or perma- not affect any other information that is sub- ing which, for reasons of public safety, ad- nently subject to a closure under this sec- ject to a nondisclosure provision in a settle- ministration, or compliance with applicable tion; and ment agreement. laws, no hunting, fishing, or recreational (2) submit to the Committee on Energy and ‘‘(f) As soon as practicable, and in any shooting shall be permitted. Natural Resources and the Committee on event not later than the date on which the Agriculture, Nutrition, and Forestry of the (2) REQUIREMENT.—In making a designation first report under subsection (e)(1) is re- under paragraph (1), the Secretary concerned Senate and the Committee on Natural Re- quired to be submitted, the Chairman of the shall designate the smallest area for the sources and the Committee on Agriculture of Administrative Conference of the United least amount of time that is required for the House of Representatives a report that States shall create and maintain online a public safety, administration, or compliance identifies— searchable database containing, with respect with applicable laws. (A) a list of each area of Federal land tem- to each award of fees and other expenses (b) CLOSURE PROCEDURES.— porarily or permanently subject to a closure; under this section made on or after the date (1) IN GENERAL.—Except in an emergency, (B) the acreage of each closure; and of enactment of the Energy Policy Mod- before permanently or temporarily closing (C) a survey of— ernization Act of 2016, the following informa- any Federal land to hunting, fishing, or rec- (i) the aggregate areas and acreage closed tion: reational shooting, the Secretary concerned under this section in each State; and ‘‘(1) The case name and number of the ad- shall— (ii) the percentage of Federal land in each versary adjudication, if available, (A) consult with State fish and wildlife State closed under this section with respect hyperlinked to the case, if available. agencies; and to hunting, fishing, and recreational shoot- ‘‘(2) The name of the agency involved in (B) provide public notice and opportunity ing. the adversary adjudication. for comment under paragraph (2). (e) APPLICATION.—This section shall not ‘‘(3) A description of the claims in the ad- (2) PUBLIC NOTICE AND COMMENT.— apply if the closure is— versary adjudication. (A) IN GENERAL.—Public notice and com- (1) less than 14 days in duration; and ‘‘(4) The name of each party to whom the ment shall include— (2) covered by a special use permit. award was made as such party is identified (i) a notice of intent— SEC. 6214. SHOOTING RANGES. in the order or other court document making (I) published in advance of the public com- (a) IN GENERAL.—Except as provided in the award. ment period for the closure— subsection (b), the Secretary concerned may, ‘‘(5) The amount of the award. (aa) in the Federal Register; in accordance with this section and other ap- ‘‘(6) The basis for the finding that the posi- (bb) on the website of the applicable Fed- plicable law, lease or permit the use of Fed- tion of the agency concerned was not sub- eral agency; eral land for a shooting range. stantially justified. (cc) on the website of the Federal land (b) EXCEPTION.—The Secretary concerned ‘‘(g) The online searchable database de- unit, if available; and shall not lease or permit the use of Federal scribed in subsection (f) may not reveal any (dd) in at least 1 local newspaper; land for a shooting range, within— information the disclosure of which is pro- (II) made available in advance of the public (1) a component of the National Landscape hibited by law or a court order. comment period to local offices, chapters, Conservation System; ‘‘(h) The head of each agency shall provide and affiliate organizations in the vicinity of (2) a component of the National Wilderness to the Chairman of the Administrative Con- the closure that are signatories to the Preservation System; ference of the United States in a timely memorandum of understanding entitled (3) any area that is— manner all information requested by the ‘‘Federal Lands Hunting, Fishing, and Shoot- (A) designated as a wilderness study area; Chairman to comply with the requirements of subsections (e), (f), and (g).’’. ing Sports Roundtable Memorandum of Un- (B) administratively classified as— (2) COURT CASES.—Section 2412(d) of title derstanding’’; and (i) wilderness-eligible; or 28, United States Code, is amended by adding (III) that describes— (ii) wilderness-suitable; or at the end the following: (aa) the proposed closure; and (C) a primitive or semiprimitive area; (4) a national monument, national volcanic ‘‘(5)(A) Not later than March 31 of the first (bb) the justification for the proposed clo- fiscal year beginning after the date of enact- sure, including an explanation of the reasons monument, or national scenic area; or (5) a component of the National Wild and ment of the Energy Policy Modernization and necessity for the decision to close the Act of 2016, and every fiscal year thereafter, area to hunting, fishing, or recreational Scenic Rivers System (including areas des- ignated for study for potential addition to the Chairman of the Administrative Con- shooting; and ference of the United States shall submit to the National Wild and Scenic Rivers Sys- (ii) an opportunity for public comment for Congress and make publicly available online tem). a period of— a report on the amount of fees and other ex- (I) not less than 60 days for a permanent SEC. 6215. FEDERAL ACTION TRANSPARENCY. penses awarded during the preceding fiscal closure; or (a) MODIFICATION OF EQUAL ACCESS TO JUS- year pursuant to this subsection. (II) not less than 30 days for a temporary TICE PROVISIONS.— ‘‘(B) Each report under subparagraph (A) closure. (1) AGENCY PROCEEDINGS.—Section 504 of shall describe the number, nature, and (B) FINAL DECISION.—In a final decision to title 5, United States Code, is amended— amount of the awards, the claims involved in permanently or temporarily close an area to (A) in subsection (c)(1), by striking ‘‘, the controversy, and any other relevant in- hunting, fishing, or recreation shooting, the United States Code’’; formation that may aid Congress in evalu- Secretary concerned shall— (B) by redesignating subsection (f) as sub- ating the scope and impact of such awards. (i) respond in a reasoned manner to the section (i); and ‘‘(C)(i) Each report under subparagraph (A) comments received; (C) by striking subsection (e) and inserting shall account for all payments of fees and (ii) explain how the Secretary concerned the following: other expenses awarded under this sub- resolved any significant issues raised by the ‘‘(e)(1) Not later than March 31 of the first section that are made pursuant to a settle- comments; and fiscal year beginning after the date of enact- ment agreement, regardless of whether the (iii) show how the resolution led to the clo- ment of the Energy Policy Modernization settlement agreement is sealed or otherwise sure. Act of 2016, and every fiscal year thereafter, subject to a nondisclosure provision.

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.043 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2173 ‘‘(ii) The disclosure of fees and other ex- ‘‘(5) A brief description of the facts that ‘‘(3) uses only a camera and tripod. penses required under clause (i) shall not af- gave rise to the claim. ‘‘(j) APPLICABILITY TO NEWS GATHERING AC- fect any other information that is subject to ‘‘(6) The name of the agency that sub- TIVITIES.— a nondisclosure provision in a settlement mitted the claim.’’. ‘‘(1) IN GENERAL.—News gathering shall not agreement. PART III—FILMING ON FEDERAL LAND be considered a commercial activity. ‘‘(D) The Chairman of the Administrative MANAGEMENT AGENCY LAND ‘‘(2) INCLUDED ACTIVITIES.—In this sub- Conference of the United States shall include section, the term ‘news gathering’ includes, SEC. 6221. COMMERCIAL FILMING. and clearly identify in each annual report at a minimum, the gathering, recording, and (a) IN GENERAL.—Section 1 of Public Law under subparagraph (A), for each case in filming of news and information related to 106–206 (16 U.S.C. 460l–6d) is amended— which an award of fees and other expenses is news in any medium.’’. (1) by redesignating subsections (a) included in the report— (b) CONFORMING AMENDMENTS.—Chapter through (f) as subsections (b) through (g), re- ‘‘(i) any amounts paid under section 1304 of 1009 of title 54, United States Code, is amend- spectively; title 31 for a judgment in the case; ed— (2) by inserting before subsection (b) (as so ‘‘(ii) the amount of the award of fees and (1) by striking section 100905; and redesignated) the following: other expenses; and (2) in the table of sections for chapter 1009 ‘‘(a) DEFINITION OF SECRETARY.—The term ‘‘(iii) the statute under which the plaintiff of title 54, United States Code, by striking ‘Secretary’ means the Secretary of the Inte- filed suit. rior or the Secretary of Agriculture, as ap- the item relating to section 100905. ‘‘(6) As soon as practicable, and in any plicable, with respect to land under the re- PART IV—BOWS, WILDLIFE MANAGEMENT, event not later than the date on which the spective jurisdiction of the Secretary.’’; AND ACCESS OPPORTUNITIES FOR first report under paragraph (5)(A) is re- (3) in subsection (b) (as so redesignated)— RECREATION, HUNTING, AND FISHING quired to be submitted, the Chairman of the (A) in paragraph (1)— SEC. 6231. BOWS IN PARKS. Administrative Conference of the United (a) IN GENERAL.—Chapter 1049 of title 54, States shall create and maintain online a (i) in the first sentence, by striking ‘‘of the United States Code (as amended by section searchable database containing, with respect Interior or the Secretary of Agriculture 5001(a)), is amended by adding at the end the to each award of fees and other expenses (hereafter individually referred to as the following: under this subsection made on or after the ‘Secretary’ with respect to land (except land date of enactment of the Energy Policy Mod- in a System unit as defined in section 100102 ‘‘§ 104909. Bows in parks ernization Act of 2016, the following informa- of title 54, United States Code) under their ‘‘(a) DEFINITION OF NOT READY FOR IMME- tion: respective jurisdictions)’’; and DIATE USE.—The term ‘not ready for imme- ‘‘(A) The case name and number, (ii) in subparagraph (B), by inserting ‘‘, ex- diate use’ means— hyperlinked to the case, if available. cept in the case of film crews of 3 or fewer in- ‘‘(1) a bow or crossbow, the arrows of which ‘‘(B) The name of the agency involved in dividuals’’ before the period at the end; and are secured or stowed in a quiver or other the case. (B) by adding at the end the following: arrow transport case; and ‘‘(C) The name of each party to whom the ‘‘(3) FEE SCHEDULE.—Not later than 180 ‘‘(2) with respect to a crossbow, uncocked. award was made as such party is identified days after the date of enactment of the En- ‘‘(b) VEHICULAR TRANSPORTATION AUTHOR- in the order or other court document making ergy Policy Modernization Act of 2016, to en- IZED.—The Director shall not promulgate or the award. hance consistency in the management of enforce any regulation that prohibits an in- ‘‘(D) A description of the claims in the Federal land, the Secretaries shall publish a dividual from transporting bows and cross- case. single joint land use fee schedule for com- bows that are not ready for immediate use mercial filming and still photography.’’; ‘‘(E) The amount of the award. across any System unit in the vehicle of the (4) in subsection (c) (as so redesignated), in ‘‘(F) The basis for the finding that the po- individual if— the second sentence, by striking ‘‘subsection sition of the agency concerned was not sub- ‘‘(1) the individual is not otherwise prohib- (a)’’ and inserting ‘‘subsection (b)’’; stantially justified. ited by law from possessing the bows and ‘‘(7) The online searchable database de- (5) in subsection (d) (as so redesignated), in crossbows; scribed in paragraph (6) may not reveal any the heading, by inserting ‘‘Commercial’’ be- ‘‘(2) the bows or crossbows that are not information the disclosure of which is pro- fore ‘‘Still’’; ready for immediate use remain inside the hibited by law or a court order. (6) in paragraph (1) of subsection (f) (as so vehicle of the individual throughout the pe- ‘‘(8) The head of each agency (including the redesignated), by inserting ‘‘in accordance riod during which the bows or crossbows are Attorney General of the United States) shall with the Federal Lands Recreation Enhance- transported across System land; and provide to the Chairman of the Administra- ment Act (16 U.S.C. 6801 et seq.),’’ after ‘‘(3) the possession of the bows and cross- tive Conference of the United States in a ‘‘without further appropriation,’’; bows is in compliance with the law of the timely manner all information requested by (7) in subsection (g) (as so redesignated)— State in which the System unit is located.’’. the Chairman to comply with the require- (A) by striking ‘‘The Secretary shall’’ and (b) CLERICAL AMENDMENT.—The table of ments of paragraphs (5), (6), and (7).’’. inserting the following: sections for chapter 1049 of title 54, United (3) TECHNICAL AND CONFORMING AMEND- ‘‘(1) IN GENERAL.—The Secretary shall’’; States Code (as amended by section 5001(b)), MENTS.—Section 2412 of title 28, United and is amended by inserting after the item relat- States Code, is amended— (B) by adding at the end the following: ing to section 104908 the following: (A) in subsection (d)(3), by striking ‘‘(2) CONSIDERATIONS.—The Secretary shall ‘‘104909. Bows in parks.’’. ‘‘United States Code,’’; and not consider subject matter or content as a SEC. 6232. WILDLIFE MANAGEMENT IN PARKS. (B) in subsection (e)— criterion for issuing or denying a permit (a) IN GENERAL.—Chapter 1049 of title 54, (i) by striking ‘‘of section 2412 of title 28, under this Act.’’; and United States Code (as amended by section United States Code,’’ and inserting ‘‘of this (8) by adding at the end the following: 6231(a)), is amended by adding at the end the section’’; and ‘‘(h) EXEMPTION FROM COMMERCIAL FILMING following: (ii) by striking ‘‘of such title’’ and insert- OR STILL PHOTOGRAPHY PERMITS AND FEES.— ‘‘SEC. 104910. WILDLIFE MANAGEMENT IN PARKS. ing ‘‘of this title’’. The Secretary shall not require persons hold- ‘‘(a) USE OF QUALIFIED VOLUNTEERS.—If the (b) JUDGMENT FUND TRANSPARENCY.—Sec- ing commercial use authorizations or special Secretary determines it is necessary to re- tion 1304 of title 31, United States Code, is recreation permits to obtain an additional duce the size of a wildlife population on Sys- amended by adding at the end the following: permit or pay a fee for commercial filming tem land in accordance with applicable law ‘‘(d) Beginning not later than the date that or still photography under this Act if the (including regulations), the Secretary may is 60 days after the date of enactment of the filming or photography conducted is— use qualified volunteers to assist in carrying Energy Policy Modernization Act of 2016, and ‘‘(1) incidental to the permitted activity out wildlife management on System land. unless the disclosure of such information is that is the subject of the commercial use au- ‘‘(b) REQUIREMENTS FOR QUALIFIED VOLUN- otherwise prohibited by law or a court order, thorization or special recreation permit; and TEERS.—Qualified volunteers providing as- the Secretary of the Treasury shall make ‘‘(2) the holder of the commercial use au- sistance under subsection (a) shall be subject available to the public on a website, as soon thorization or special recreation permit is an to— as practicable, but not later than 30 days individual or small business concern (within ‘‘(1) any training requirements or quali- after the date on which a payment under this the meaning of section 3 of the Small Busi- fications established by the Secretary; and section is tendered, the following informa- ness Act (15 U.S.C. 632)). ‘‘(2) any other terms and conditions that tion with regard to that payment: ‘‘(i) EXCEPTION FROM CERTAIN FEES.—Com- the Secretary may require.’’. ‘‘(1) The name of the specific agency or en- mercial filming or commercial still photog- (b) CLERICAL AMENDMENT.—The table of tity whose actions gave rise to the claim or raphy shall be exempt from fees under this sections for chapter 1049 of title 54 (as judgment. Act, but not from recovery of costs under amended by section 6231(b)), United States ‘‘(2) The name of the plaintiff or claimant. subsection (c), if the activity— Code, is amended by inserting after the item ‘‘(3) The name of counsel for the plaintiff ‘‘(1) is conducted by an entity that is a relating to section 104909 the following: or claimant. small business concern (within the meaning ‘‘104910. Wildlife management in parks.’’. ‘‘(4) The amount paid representing prin- of section 3 of the Small Business Act (15 SEC. 6233. IDENTIFYING OPPORTUNITIES FOR cipal liability, and any amounts paid rep- U.S.C. 632)); RECREATION, HUNTING, AND FISH- resenting any ancillary liability, including ‘‘(2) is conducted by a crew of not more ING ON FEDERAL LAND. attorney fees, costs, and interest. than 3 individuals; and (a) DEFINITIONS.—In this section:

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(1) SECRETARY.—The term ‘‘Secretary’’ (4) ADJACENT LAND STATUS.—For each par- (A) in subsection (a), by striking ‘‘(as in ef- means— cel of land on the priority list, the Secretary fect on the date of enactment of this Act)’’; (A) the Secretary of the Interior, with re- shall include in the priority list whether re- and spect to land administered by— solving the issue of public access or egress to (B) by striking subsection (d); (i) the Director of the National Park Serv- the land would require acquisition of an (3) in section 206 (43 U.S.C. 2305), by strik- ice; easement, right-of-way, or fee title from— ing subsection (f); and (ii) the Director of the United States Fish (A) another Federal agency; (4) in section 207(b) (43 U.S.C. 2306(b))— and Wildlife Service; and (B) a State, local, or tribal government; or (A) in paragraph (1)— (iii) the Director of the Bureau of Land (C) a private landowner. (i) by striking ‘‘96–568’’ and inserting ‘‘96– Management; and (5) NOMINATION PROCESS.—In preparing a 586’’; and (B) the Secretary of Agriculture, with re- priority list under this section, the Sec- (ii) by striking ‘‘; or’’ and inserting a semi- spect to land administered by the Chief of retary shall provide an opportunity for mem- colon; the Forest Service. bers of the public to nominate parcels for in- (B) in paragraph (2)— (2) STATE OR REGIONAL OFFICE.—The term clusion on the priority list. (i) by inserting ‘‘Public Law 105–263;’’ be- ‘‘State or regional office’’ means— (c) ACCESS OPTIONS.—With respect to land fore ‘‘112 Stat.’’; and (A) a State office of the Bureau of Land included on a priority list described in sub- (ii) by striking the period at the end and Management; or section (b), the Secretary shall develop and inserting a semicolon; and (B) a regional office of— submit to the Committees on Appropriations (C) by adding at the end the following: (i) the National Park Service; and Energy and Natural Resources of the ‘‘(3) the White Pine County Conservation, (ii) the United States Fish and Wildlife Senate and the Committees on Appropria- Recreation, and Development Act of 2006 Service; or tions and Natural Resources of the House of (Public Law 109–432; 120 Stat. 3028); (iii) the Forest Service. Representatives a report on options for pro- ‘‘(4) the Lincoln County Conservation, (3) TRAVEL MANAGEMENT PLAN.—The term viding access that— Recreation, and Development Act of 2004 ‘‘travel management plan’’ means a plan for (1) identifies how public access and egress (Public Law 108–424; 118 Stat. 2403); the management of travel— could reasonably be provided to the legal ‘‘(5) subtitle F of title I of the Omnibus (A) with respect to land under the jurisdic- boundaries of the land in a manner that Public Land Management Act of 2009 (16 tion of the National Park Service, on park minimizes the impact on wildlife habitat and U.S.C. 1132 note; Public Law 111–11); roads and designated routes under section water quality; ‘‘(6) subtitle O of title I of the Omnibus 4.10 of title 36, Code of Federal Regulations (2) specifies the steps recommended to se- Public Land Management Act of 2009 (16 (or successor regulations); cure the access and egress, including acquir- U.S.C. 460www note, 1132 note; Public Law (B) with respect to land under the jurisdic- ing an easement, right-of-way, or fee title 111–11); tion of the United States Fish and Wildlife from a willing owner of any land that abuts ‘‘(7) section 2601 of the Omnibus Public Service, on the land under a comprehensive the land or the need to coordinate with State Land Management Act of 2009 (Public Law conservation plan prepared under section land management agencies or other Federal, 111–11; 123 Stat. 1108); or 4(e) of the National Wildlife Refuge System State, or tribal governments to allow for ‘‘(8) section 2606 of the Omnibus Public Administration Act of 1966 (16 U.S.C. such access and egress; and Land Management Act of 2009 (Public Law 668dd(e)); (3) is consistent with the travel manage- 111–11; 123 Stat. 1121).’’. (b) FUNDS TO TREASURY.—Of the amounts (C) with respect to land under the jurisdic- ment plan in effect on the land. tion of the Forest Service, on National For- deposited in the Federal Land Disposal Ac- (d) PROTECTION OF PERSONALLY IDENTI- count, there shall be transferred to the gen- est System land under part 212 of title 36, FYING INFORMATION.—In making the priority Code of Federal Regulations (or successor eral fund of the Treasury $1,000,000 for each list and report prepared under subsections of fiscal years 2016 through 2025. regulations); and (b) and (c) available, the Secretary shall en- PART VI—FISH AND WILDLIFE (D) with respect to land under the jurisdic- sure that no personally identifying informa- CONSERVATION tion of the Bureau of Land Management, tion is included, such as names or addresses under a resource management plan devel- of individuals or entities. SEC. 6251. AMENDMENTS TO PITTMAN-ROBERT- SON WILDLIFE RESTORATION ACT. oped under the Federal Land Policy and (e) WILLING OWNERS.—For purposes of pro- (a) PURPOSE.—The purpose of this section Management Act of 1976 (43 U.S.C. 1701 et viding any permits to, or entering into seq.). is to facilitate the construction and expan- agreements with, a State, local, or tribal sion of public target ranges, including ranges (b) PRIORITY LISTS REQUIRED.— government or private landowner with re- on Federal land managed by the Forest Serv- (1) IN GENERAL.—Not later than 180 days spect to the use of land under the jurisdic- ice and the Bureau of Land Management. after the date of enactment of this Act, an- tion of the government or landowner, the (b) DEFINITION OF PUBLIC TARGET RANGE.— nually during the 10-year period beginning Secretary shall not take into account wheth- In this section, the term ‘‘public target on the date on which the first priority list is er the State, local, or tribal government or range’’ means a specific location that— completed, and every 5 years after the end of private landowner has granted or denied pub- (1) is identified by a governmental agency the 10-year period, the Secretary shall pre- lic access or egress to the land. for recreational shooting; pare a priority list, to be made publicly (f) MEANS OF PUBLIC ACCESS AND EGRESS (2) is open to the public; available on the website of the applicable INCLUDED.—In considering public access and (3) may be supervised; and Federal agency referred to in subsection egress under subsections (b) and (c), the Sec- (4) may accommodate archery or rifle, pis- (a)(1), which shall identify the location and retary shall consider public access and egress tol, or shotgun shooting. acreage of land within the jurisdiction of to the legal boundaries of the land described (c) AMENDMENTS TO PITTMAN-ROBERTSON each State or regional office on which the in those subsections, including access and WILDLIFE RESTORATION ACT.— public is allowed, under Federal or State egress— (1) DEFINITIONS.—Section 2 of the Pittman- law, to hunt, fish, or use the land for other (1) by motorized or non-motorized vehicles; Robertson Wildlife Restoration Act (16 recreational purposes but— and U.S.C. 669a) is amended— (A) to which there is no public access or (2) on foot or horseback. (A) by redesignating paragraphs (2) egress; or (g) EFFECT.— through (8) as paragraphs (3) through (9), re- (B) to which public access or egress to the (1) IN GENERAL.—This section shall have no spectively; and legal boundaries of the land is significantly effect on whether a particular recreational (B) by inserting after paragraph (1) the fol- restricted (as determined by the Secretary). use shall be allowed on the land included in lowing: (2) MINIMUM SIZE.—Any land identified a priority list under this section. ‘‘(2) the term ‘public target range’ means a under paragraph (1) shall consist of contig- (2) EFFECT OF ALLOWABLE USES ON AGENCY specific location that— uous acreage of at least 640 acres. CONSIDERATION.—In preparing the priority ‘‘(A) is identified by a governmental agen- (3) CONSIDERATIONS.—In preparing the pri- list under subsection (b), the Secretary shall cy for recreational shooting; ority list required under paragraph (1), the only consider recreational uses that are al- ‘‘(B) is open to the public; Secretary shall consider with respect to the lowed on the land at the time that the pri- ‘‘(C) may be supervised; and land— ority list is prepared. ‘‘(D) may accommodate archery or rifle, (A) whether access is absent or merely re- pistol, or shotgun shooting;’’. PART V—FEDERAL LAND TRANSACTION stricted, including the extent of the restric- (2) EXPENDITURES FOR MANAGEMENT OF FACILITATION ACT tion; WILDLIFE AREAS AND RESOURCES.—Section (B) the likelihood of resolving the absence SEC. 6241. FEDERAL LAND TRANSACTION FACILI- 8(b) of the Pittman-Robertson Wildlife Res- of or restriction to public access; TATION ACT. toration Act (16 U.S.C. 669g(b)) is amended— (C) the potential for recreational use; (a) IN GENERAL.—The Federal Land Trans- (A) by striking ‘‘(b) Each State’’ and in- (D) any information received from the pub- action Facilitation Act is amended— serting the following: lic or other stakeholders during the nomina- (1) in section 203(2) (43 U.S.C. 2302(2)), by ‘‘(b) EXPENDITURES FOR MANAGEMENT OF tion process described in paragraph (5); and striking ‘‘on the date of enactment of this WILDLIFE AREAS AND RESOURCES.— (E) any other factor as determined by the Act was’’ and inserting ‘‘is’’; ‘‘(1) IN GENERAL.—Except as provided in Secretary. (2) in section 205 (43 U.S.C. 2304)— paragraph (2), each State’’;

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(B) in paragraph (1) (as so designated), by (2) in paragraph (5), by striking the period (8) REAL PROPERTY INTEREST.—The term striking ‘‘construction, operation,’’ and in- at the end and inserting ‘‘; and’’; and ‘‘real property interest’’ means an ownership serting ‘‘operation’’; (3) by adding at the end the following: interest in— (C) in the second sentence, by striking ‘‘(6) $50,000,000 for each of fiscal years 2015 (A) land; or ‘‘The non-Federal share’’ and inserting the through 2020.’’. (B) water (including water rights). following: SEC. 6253. NATIONAL FISH HABITAT CONSERVA- (9) SECRETARY.—The term ‘‘Secretary’’ ‘‘(3) NON-FEDERAL SHARE.—The non-Federal TION. means the Secretary of the Interior. share’’; (a) SHORT TITLE.—This section may be (10) STATE.—The term ‘‘State’’ means each (D) in the third sentence, by striking ‘‘The cited as the ‘‘National Fish Habitat Con- of the several States. Secretary’’ and inserting the following: servation Through Partnerships Act’’. (11) STATE AGENCY.—The term ‘‘State agen- ‘‘(4) REGULATIONS.—The Secretary’’; and (b) PURPOSE.—The purpose of this section cy’’ means— (E) by inserting after paragraph (1) (as des- is to encourage partnerships among public (A) the fish and wildlife agency of a State; ignated by subparagraph (A)) the following: agencies and other interested parties to pro- and ‘‘(2) EXCEPTION.—Notwithstanding the lim- mote fish conservation— (B) any department or division of a depart- itation described in paragraph (1), a State (1) to achieve measurable habitat con- ment or agency of a State that manages in may pay up to 90 percent of the cost of ac- servation results through strategic actions the public trust the inland or marine fishery quiring land for, expanding, or constructing of Fish Habitat Partnerships that lead to resources or sustains the habitat for those a public target range.’’. better fish habitat conditions and increased fishery resources of the State pursuant to fishing opportunities by— (3) FIREARM AND BOW HUNTER EDUCATION State law or the constitution of the State. (A) improving ecological conditions; AND SAFETY PROGRAM GRANTS.—Section 10 of (d) NATIONAL FISH HABITAT BOARD.— (B) restoring natural processes; or the Pittman-Robertson Wildlife Restoration (1) ESTABLISHMENT.— (C) preventing the decline of intact and Act (16 U.S.C. 669h–1) is amended— (A) FISH HABITAT BOARD.—There is estab- healthy systems; (A) in subsection (a), by adding at the end lished a board, to be known as the ‘‘National (2) to establish a consensus set of national the following: Fish Habitat Board’’, whose duties are— conservation strategies as a framework to (i) to promote, oversee, and coordinate the ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— guide future actions and investment by Fish Of the amount apportioned to a State for implementation of this section; Habitat Partnerships; any fiscal year under section 4(b), the State (ii) to establish national goals and prior- (3) to broaden the community of support may elect to allocate not more than 10 per- ities for fish habitat conservation; for fish habitat conservation by— cent, to be combined with the amount appor- (iii) to approve Partnerships; and (A) increasing fishing opportunities; (iv) to review and make recommendations tioned to the State under paragraph (1) for (B) fostering the participation of local regarding fish habitat conservation projects. that fiscal year, for acquiring land for, ex- communities, especially young people in (B) MEMBERSHIP.—The Board shall be com- panding, or constructing a public target local communities, in conservation activi- posed of 25 members, of whom— range.’’; ties; and (i) 1 shall be a representative of the De- (B) by striking subsection (b) and inserting (C) raising public awareness of the role partment of the Interior; the following: healthy fish habitat play in the quality of (ii) 1 shall be a representative of the OST SHARING.— ‘‘(b) C life and economic well-being of local commu- United States Geological Survey; ‘‘(1) IN GENERAL.—Except as provided in nities; (iii) 1 shall be a representative of the De- paragraph (2), the Federal share of the cost (4) to fill gaps in the National Fish Habitat partment of Commerce; of any activity carried out using a grant Assessment and the associated database of (iv) 1 shall be a representative of the De- under this section shall not exceed 75 percent the National Fish Habitat Assessment— partment of Agriculture; of the total cost of the activity. (A) to empower strategic conservation ac- (v) 1 shall be a representative of the Asso- ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR tions supported by broadly available sci- ciation of Fish and Wildlife Agencies; EXPANSION.—The Federal share of the cost of entific information; and (vi) 4 shall be representatives of State acquiring land for, expanding, or con- (B) to integrate socioeconomic data in the agencies, 1 of whom shall be nominated by a structing a public target range in a State on analysis to improve the lives of humans in a regional association of fish and wildlife Federal or non-Federal land pursuant to this manner consistent with fish habitat con- agencies from each of the Northeast, South- section or section 8(b) shall not exceed 90 servation goals; and east, Midwest, and Western regions of the percent of the cost of the activity.’’; and (5) to communicate to the public and con- United States; (C) in subsection (c)(1)— servation partners— (vii) 1 shall be a representative of either— (i) by striking ‘‘Amounts made’’ and in- (A) the conservation outcomes produced (I) Indian tribes in the State of Alaska; or serting the following: collectively by Fish Habitat Partnerships; (II) Indian tribes in States other than the ‘‘(A) IN GENERAL.—Except as provided in and State of Alaska; subparagraph (B), amounts made’’; and (B) new opportunities and voluntary ap- (viii) 1 shall be a representative of either— (ii) by adding at the end the following: proaches for conserving fish habitat. (I) the Regional Fishery Management ‘‘(B) EXCEPTION.—Amounts provided for ac- (c) DEFINITIONS.—In this section: Councils established under section 302 of the quiring land for, constructing, or expanding (1) APPROPRIATE CONGRESSIONAL COMMIT- Magnuson-Stevens Fishery Conservation and a public target range shall remain available TEES.—The term ‘‘appropriate congressional Management Act (16 U.S.C. 1852); or for expenditure and obligation during the 5- committees’’ means— (II) a representative of the Marine Fish- fiscal-year period beginning on October 1 of (A) the Committee on Commerce, Science, eries Commissions, which is composed of— the first fiscal year for which the amounts and Transportation and the Committee on (aa) the Atlantic States Marine Fisheries are made available.’’. Environment and Public Works of the Sen- Commission; (d) SENSE OF CONGRESS REGARDING CO- ate; and (bb) the Gulf States Marine Fisheries Com- OPERATION.—It is the sense of Congress that, (B) the Committee on Natural Resources of mission; and consistent with applicable laws (including the House of Representatives. (cc) the Pacific States Marine Fisheries regulations), the Chief of the Forest Service (2) BOARD.—The term ‘‘Board’’ means the Commission; and the Director of the Bureau of Land Man- National Fish Habitat Board established by (ix) 1 shall be a representative of the agement should cooperate with State and subsection (d)(1)(A). Sportfishing and Boating Partnership Coun- local authorities and other entities to carry (3) DIRECTOR.—The term ‘‘Director’’ means cil; out waste removal and other activities on the Director of the United States Fish and (x) 7 shall be representatives selected from any Federal land used as a public target Wildlife Service. each of— range to encourage continued use of that (4) EPA ASSISTANT ADMINISTRATOR.—The (I) the recreational sportfishing industry; land for target practice or marksmanship term ‘‘EPA Assistant Administrator’’ means (II) the commercial fishing industry; training. the Assistant Administrator for Water of the (III) marine recreational anglers; SEC. 6252. NORTH AMERICAN WETLANDS CON- Environmental Protection Agency. (IV) freshwater recreational anglers; SERVATION ACT. (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (V) habitat conservation organizations; (a) CONSERVATION INCENTIVES LANDOWNER has the meaning given the term in section 4 and EDUCATION PROGRAM.—Any acquisition of of the Indian Self-Determination and Edu- (VI) science-based fishery organizations; land (including any interest in land) under cation Assistance Act (25 U.S.C. 450b). (xi) 1 shall be a representative of a na- the North American Wetlands Conservation (6) NOAA ASSISTANT ADMINISTRATOR.—The tional private landowner organization; Act (16 U.S.C. 4401 et seq.) shall be subject to term ‘‘NOAA Assistant Administrator’’ (xii) 1 shall be a representative of an agri- the notification requirements under section means the Assistant Administrator for Fish- cultural production organization; ø50ll(d)¿. eries of the National Oceanic and Atmos- (xiii) 1 shall be a representative of local (b) AUTHORIZATION OF APPROPRIATIONS.— pheric Administration. government interests involved in fish habi- Section 7(c) of the North American Wetlands (7) PARTNERSHIP.—The term ‘‘Partnership’’ tat restoration; Conservation Act (16 U.S.C. 4406(c)) is means a self-governed entity designated by (xiv) 2 shall be representatives from dif- amended— the Board as a Fish Habitat Conservation ferent sectors of corporate industries, which (1) in paragraph (4), by striking ‘‘and’’; Partnership pursuant to subsection (e)(1) . may include—

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.043 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2176 CONGRESSIONAL RECORD — SENATE April 19, 2016 (I) natural resource commodity interests, (ii) not less frequently than twice each cal- (vii) the ability to develop fish habitat such as petroleum or mineral extraction; endar year. conservation priorities based on sound (II) natural resource user industries; and (B) PUBLIC ACCESS.—All meetings of the science and data, the ability to measure the (III) industries with an interest in fish and Board shall be open to the public. effectiveness of fish habitat projects of the fish habitat conservation; and (5) PROCEDURES.— Partnership, and a clear plan as to how Part- (xv) 1 shall be a leadership private sector (A) IN GENERAL.—The Board shall establish nership science and data components will be or landowner representative of an active procedures to carry out the business of the integrated with the overall Board science partnership. Board, including— and data effort. (C) COMPENSATION.—A member of the (i) a requirement that a quorum of the (4) APPROVAL.—The Board may approve an Board shall serve without compensation. members of the Board be present to transact application for a Partnership submitted (D) TRAVEL EXPENSES.—A member of the business; under paragraph (3) if the Board determines Board may be allowed travel expenses, in- (ii) a requirement that no recommenda- that the applicant— cluding per diem in lieu of subsistence, at tions may be adopted by the Board, except (A) identifies representatives to provide rates authorized for an employee of an agen- by the vote of 2⁄3 of all members; support and technical assistance to the Part- cy under subchapter I of chapter 57 of title 5, (iii) procedures for establishing national nership from a diverse group of public and United States Code, while away from the goals and priorities for fish habitat conserva- private partners, which may include State or home or regular place of business of the tion for the purposes of this section; local governments, nonprofit entities, Indian member in the performance of the duties of (iv) procedures for designating Partner- tribes, and private individuals, that are fo- cused on conservation of fish habitats to the Board. ships under subsection (e); and achieve results across jurisdictional bound- (2) APPOINTMENT AND TERMS.— (v) procedures for reviewing, evaluating, aries on public and private land; (A) IN GENERAL.—Except as otherwise pro- and making recommendations regarding fish (B) is organized to promote the health of vided in this subsection, a member of the habitat conservation projects. important fish species and important fish Board described in any of clauses (vi) (B) QUORUM.—A majority of the members habitats, including reservoirs, natural lakes, through (xiv) of paragraph (1)(B) shall serve of the Board shall constitute a quorum. coastal and marine environments, and estu- for a term of 3 years. (e) FISH HABITAT PARTNERSHIPS.— aries; (B) INITIAL BOARD MEMBERSHIP.— (1) AUTHORITY TO APPROVE.—The Board (C) identifies strategic fish and fish habitat (i) IN GENERAL.—The initial Board will con- may approve and designate Fish Habitat priorities for the Partnership area in the sist of representatives as described in clauses Partnerships in accordance with this sub- form of geographical focus areas or key (i) through (vi) of paragraph (1)(B). section. stressors or impairments to facilitate stra- (ii) REMAINING MEMBERS.—Not later than 60 (2) PURPOSES.—The purposes of a Partner- tegic planning and decisionmaking; days after the date of enactment of this Act, ship shall be— (D) is able to address issues and priorities the representatives of the initial Board pur- (A) to work with other regional habitat on a nationally significant scale; suant to clause (i) shall appoint the remain- conservation programs to promote coopera- (E) includes a governance structure that— ing members of the Board described in tion and coordination to enhance fish and (i) reflects the range of all partners; and clauses (viii) through (xiv) of paragraph fish habitats; (ii) promotes joint strategic planning and (1)(B). (B) to engage local and regional commu- decisionmaking by the applicant; (iii) TRIBAL REPRESENTATIVES.—Not later nities to build support for fish habitat con- (F) demonstrates completion of, or signifi- than 60 days after the enactment of this Act, servation; cant progress toward the development of, a the Secretary shall provide to the Board a (C) to involve diverse groups of public and strategic plan to address the decline in fish recommendation of not fewer than 3 tribal private partners; populations, rather than simply treating representatives, from which the Board shall (D) to develop collaboratively a strategic symptoms, in accordance with the goals and appoint 1 representative pursuant to clause vision and achievable implementation plan national priorities established by the Board; (vii) of paragraph (1)(B). that is scientifically sound; and (C) TRANSITIONAL TERMS.—Of the members (E) to leverage funding from sources that (G) promotes collaboration in developing a described in paragraph (1)(B)(x) initially ap- support local and regional partnerships; strategic vision and implementation pro- pointed to the Board— (F) to use adaptive management principles, gram that is scientifically sound and achiev- (i) 2 shall be appointed for a term of 1 year; including evaluation of project success and able. (ii) 2 shall be appointed for a term of 2 functionality; (f) FISH HABITAT CONSERVATION years; and (G) to develop appropriate local or regional PROJECTS.— (iii) 3 shall be appointed for a term of 3 habitat evaluation and assessment measures (1) SUBMISSION TO BOARD.—Not later than years. and criteria that are compatible with na- March 31 of each calendar year, each Part- (D) VACANCIES.— tional habitat condition measures; and nership shall submit to the Board a list of (i) IN GENERAL.—A vacancy of a member of (H) to implement local and regional pri- priority fish habitat conservation projects the Board described in any of clauses (viii) ority projects that improve conditions for recommended by the Partnership for annual through (xiv) of paragraph (1)(B) shall be fish and fish habitat. funding under this section. filled by an appointment made by the re- (3) CRITERIA FOR APPROVAL.—An entity (2) RECOMMENDATIONS BY BOARD.—Not later maining members of the Board. seeking to be designated as a Partnership than July 1 of each calendar year, the Board (ii) TRIBAL REPRESENTATIVES.—Following a shall— shall submit to the Secretary a priority list vacancy of a member of the Board described (A) submit to the Board an application at of fish habitat conservation projects that in- in clause (vii) of paragraph (1)(B), the Sec- such time, in such manner, and containing cludes the description, including estimated retary shall recommend to the Board a list such information as the Board may reason- costs, of each project that the Board rec- of not fewer than 3 tribal representatives, ably require; and ommends that the Secretary approve and from which the remaining members of the (B) demonstrate to the Board that the en- fund under this section for the following fis- Board shall appoint a representative to fill tity has— cal year. the vacancy. (i) a focus on promoting the health of im- (3) CRITERIA FOR PROJECT SELECTION.—The (E) CONTINUATION OF SERVICE.—An indi- portant fish and fish habitats; Board shall select each fish habitat con- vidual whose term of service as a member of (ii) an ability to coordinate the implemen- servation project to be recommended to the the Board expires may continue to serve on tation of priority projects that support the Secretary under paragraph (2) after taking the Board until a successor is appointed. goals and national priorities set by the into consideration, at a minimum, the fol- (F) REMOVAL.—If a member of the Board Board that are within the Partnership lowing information: described in any of clauses (viii) through boundary; (A) A recommendation of the Partnership (xiv) of paragraph (1)(B) misses 3 consecutive (iii) a self-governance structure that sup- that is, or will be, participating actively in regularly scheduled Board meetings, the ports the implementation of strategic prior- implementing the fish habitat conservation members of the Board may— ities for fish habitat; project. (i) vote to remove that member; and (iv) the ability to develop local and re- (B) The capabilities and experience of (ii) appoint another individual in accord- gional relationships with a broad range of project proponents to implement success- ance with subparagraph (D). entities to further strategic priorities for fully the proposed project. (3) CHAIRPERSON.— fish and fish habitat; (C) The extent to which the fish habitat (A) IN GENERAL.—The representative of the (v) a strategic plan that details required conservation project — Association of Fish and Wildlife Agencies ap- investments for fish habitat conservation (i) fulfills a local or regional priority that pointed pursuant to paragraph (1)(B)(v) shall that addresses the strategic fish habitat pri- is directly linked to the strategic plan of the serve as Chairperson of the Board. orities of the Partnership and supports and Partnership and is consistent with the pur- (B) TERM.—The Chairperson of the Board meets the strategic priorities of the Board; pose of this section; shall serve for a term of 3 years. (vi) the ability to develop and implement (ii) addresses the national priorities estab- (4) MEETINGS.— fish habitat conservation projects that ad- lished by the Board; (A) IN GENERAL.—The Board shall meet— dress strategic priorities of the Partnership (iii) is supported by the findings of the (i) at the call of the Chairperson; but and the Board; and Habitat Assessment of the Partnership or

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the Board, and aligns or is compatible with (II) PROHIBITION.—The Board may not rec- habitat conservation projects, and the other conservation plans; ommend, and the Secretary may not provide Board. (iv) identifies appropriate monitoring and any funding for, any real property interest (2) INCLUSIONS.—Scientific and technical evaluation measures and criteria that are acquisition that has not been approved by assistance provided pursuant to paragraph compatible with national measures; the State agency. (1) may include— (v) provides a well-defined budget linked to (iii) ASSESSMENT OF OTHER AUTHORITIES.— (A) providing technical and scientific as- deliverables and outcomes; The Fish Habitat Partnership shall conduct sistance to States, Indian tribes, regions, (vi) leverages other funds to implement the a project assessment, submitted with the local communities, and nongovernmental or- project; funding request and approved by the Board, ganizations in the development and imple- (vii) addresses the causes and processes be- to demonstrate all other Federal, State, and mentation of Partnerships; hind the decline of fish or fish habitats; and local authorities for the acquisition of real (B) providing technical and scientific as- (viii) includes an outreach or education property have been exhausted. sistance to Partnerships for habitat assess- component that includes the local or re- (iv) RESTRICTIONS.—A real property inter- ment, strategic planning, and prioritization; gional community. est may not be acquired pursuant to a fish (C) supporting the development and imple- (D) The availability of sufficient non-Fed- habitat conservation project by a State, mentation of fish habitat conservation eral funds to match Federal contributions local government, or other non-Federal enti- projects that are identified as high priorities for the fish habitat conservation project, as ty, unless— by Partnerships and the Board; required by paragraph (5); (I) the owner of the real property author- (D) supporting and providing recommenda- (E) The extent to which the local or re- izes the State, local government, or other tions regarding the development of science- gional fish habitat conservation project— non-Federal entity to acquire the real prop- based monitoring and assessment approaches (i) will increase fish populations in a man- erty; and for implementation through Partnerships; ner that leads to recreational fishing oppor- (II) the Secretary and the Board determine (E) supporting and providing recommenda- tunities for the public; that the State, local government, or other tions for a national fish habitat assessment; (ii) will be carried out through a coopera- non-Federal entity would benefit from un- (F) ensuring the availability of experts to tive agreement among Federal, State, and dertaking the management of the real prop- assist in conducting scientifically based local governments, Indian tribes, and private erty being acquired because that is in ac- evaluation and reporting of the results of entities; cordance with the goals of a partnership. fish habitat conservation projects; and (iii) increases public access to land or (5) NON-FEDERAL CONTRIBUTIONS.— (G) providing resources to secure state water for fish and wildlife-dependent rec- (A) IN GENERAL.—Except as provided in agency scientific and technical assistance to reational opportunities; subparagraph (B), no fish habitat conserva- support Partnerships, participants in fish (iv) advances the conservation of fish and tion project may be recommended by the habitat conservation projects, and the wildlife species that have been identified by Board under paragraph (2) or provided finan- Board. the States as species of greatest conserva- cial assistance under this section unless at tion need; least 50 percent of the cost of the fish habi- (h) COORDINATION WITH STATES AND INDIAN (v) where appropriate, advances the con- tat conservation project will be funded with TRIBES.—The Secretary shall provide a no- servation of fish and fish habitats under the non-Federal funds. tice to, and cooperate with, the appropriate Magnuson-Stevens Fishery Conservation and (B) NON-FEDERAL SHARE.—The non-Federal State agency or tribal agency, as applicable, Management Act (16 U.S.C. 1801 et seq.) and share of the cost of a fish habitat conserva- of each State and Indian tribe within the other relevant Federal law and State wildlife tion project— boundaries of which an activity is planned to action plans; and (i) may not be derived from another Fed- be carried out pursuant to this section, in- (vi) promotes strong and healthy fish habi- eral grant program; but cluding notification, by not later than 30 tats so that desired biological communities (ii) may include in-kind contributions and days before the date on which the activity is are able to persist and adapt. cash. implemented. (F) The substantiality of the character and (C) SPECIAL RULE FOR INDIAN TRIBES.—Not- (i) INTERAGENCY OPERATIONAL PLAN.—Not design of the fish habitat conservation withstanding subparagraph (A) or any other later than 1 year after the date of enactment project. provision of law, any funds made available to of this Act, and every 5 years thereafter, the (4) LIMITATIONS.— an Indian tribe pursuant to this section may Director, in cooperation with the NOAA As- (A) REQUIREMENTS FOR EVALUATION.—No be considered to be non-Federal funds for the sistant Administrator, the EPA Assistant fish habitat conservation project may be rec- purpose of subparagraph (A). Administrator, the Director of the United ommended by the Board under paragraph (2) (6) APPROVAL.— States Geological Survey, and the heads of or provided financial assistance under this (A) IN GENERAL.—Not later than 90 days other appropriate Federal departments and section unless the fish habitat conservation after the date of receipt of the recommended agencies (including at a minimum, those project includes an evaluation plan designed priority list of fish habitat conservation agencies represented on the Board) shall de- using applicable Board guidance— projects under paragraph (2), subject to the velop an interagency operational plan that (i) to appropriately assess the biological, limitations of paragraph (4), and based, to describes— ecological, or other results of the habitat the maximum extent practicable, on the cri- (1) the functional, operational, technical, protection, restoration, or enhancement ac- teria described in paragraph (3), the Sec- scientific, and general staff, administrative, tivities carried out using the assistance; retary, after consulting with the Secretary and material needs for the implementation (ii) to reflect appropriate changes to the of Commerce on marine or estuarine of this section; and fish habitat conservation project if the as- projects, shall approve or reject any fish (2) any interagency agreements between or sessment substantiates that the fish habitat habitat conservation project recommended among Federal departments and agencies to conservation project objectives are not being by the Board. address those needs. met; (B) FUNDING.—If the Secretary approves a (iii) to identify improvements to existing fish habitat conservation project under sub- (j) ACCOUNTABILITY AND REPORTING.— fish populations, recreational fishing oppor- paragraph (A), the Secretary shall use (1) REPORTING.— tunities and the overall economic benefits amounts made available to carry out this (A) IN GENERAL.—Not later than 5 years for the local community of the fish habitat section to provide funds to carry out the fish after the date of enactment of this Act, and conservation project; and habitat conservation project. every 5 years thereafter, the Board shall sub- (iv) to require the submission to the Board (C) NOTIFICATION.—If the Secretary rejects mit to the appropriate congressional com- of a report describing the findings of the as- any fish habitat conservation project rec- mittees a report describing the progress of sessment. ommended by the Board under paragraph (2), this section. (B) ACQUISITION AUTHORITIES.— not later than 180 days after the date of re- (B) CONTENTS.—Each report submitted (i) IN GENERAL.—A State, local govern- ceipt of the recommendation, the Secretary under subparagraph (A) shall include— ment, or other non-Federal entity is eligible shall provide to the Board, the appropriate (i) an estimate of the number of acres, to receive funds for the acquisition of real Partnership, and the appropriate congres- stream miles, or acre-feet, or other suitable property from willing sellers under this sec- sional committees a written statement of measures of fish habitat, that was main- tion if the acquisition ensures 1 of— the reasons that the Secretary rejected the tained or improved by partnerships of Fed- (I) public access for compatible fish and fish habitat conservation project. eral, State, or local governments, Indian wildlife-dependent recreation; or (g) TECHNICAL AND SCIENTIFIC ASSIST- tribes, or other entities in the United States (II) a scientifically based, direct enhance- ANCE.— during the 5-year period ending on the date ment to the health of fish and fish popu- (1) IN GENERAL.—The Director, the NOAA of submission of the report; lations, as determined by the Board. Assistant Administrator, the EPA Assistant (ii) a description of the public access to (ii) STATE AGENCY APPROVAL.— Administrator, and the Director of the fish habitats established or improved during (I) IN GENERAL.—All real property interest United States Geological Survey, in coordi- that 5-year period; acquisition projects funded under this sec- nation with the Forest Service and other ap- (iii) a description of the improved opportu- tion are required to be approved by the State propriate Federal departments and agencies, nities for public recreational fishing; and agency in the State in which the project is may provide scientific and technical assist- (iv) an assessment of the status of fish occurring. ance to the Partnerships, participants in fish habitat conservation projects carried out

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Secretary determines to be consistent with for funding; (7) EFFECT ON OTHER AUTHORITIES.— this section. (III) a justification for— (A) PRIVATE PROPERTY PROTECTION.—Noth- (3) DONATIONS.— (aa) the approval of each fish habitat con- ing in this section permits the use of funds (A) IN GENERAL.—The Secretary may— servation project; and made available to carry out this section to (i) enter into an agreement with any orga- (bb) the order of priority for funding of acquire real property or a real property in- nization described in section 501(c)(3) of the each fish habitat conservation project; terest without the written consent of each Internal Revenue Code of 1986 that is exempt (IV) a justification for any rejection of a owner of the real property or real property from taxation under section 501(a) of that fish habitat conservation project rec- interest. Code to solicit private donations to carry ommended by the Board under subsection (B) MITIGATION.—Nothing in this section out the purposes of this section; and (f)(2) that was based on a factor other than permits the use of funds made available to (ii) accept donations of funds, property, the criteria described in subsection (f)(3); carry out this section for fish and wildlife and services to carry out the purposes of this and mitigation purposes under— section. (V) an accounting of expenditures by Fed- (i) the Federal Water Pollution Control (B) TREATMENT.—A donation accepted eral, State, or local governments, Indian Act (33 U.S.C. 1251 et seq.); under this section— tribes, or other entities to carry out fish (ii) the Fish and Wildlife Coordination Act (i) shall be considered to be a gift or be- habitat conservation projects. (16 U.S.C. 661 et seq.); quest to, or otherwise for the use of, the (2) STATUS AND TRENDS REPORT.—Not later (iii) the Water Resources Development Act United States; and than December 31, 2016, and every 5 years of 1986 (Public Law 99–662; 100 Stat. 4082); or (ii) may be— thereafter, the Board shall submit to the ap- (iv) any other Federal law or court settle- (I) used directly by the Secretary; or propriate congressional committees a report ment. (II) provided to another Federal depart- that includes— (C) CLEAN WATER ACT.—Nothing in this sec- ment or agency through an interagency (A) a status of all Partnerships approved tion affects any provision of the Federal agreement. under this section; Water Pollution Control Act (33 U.S.C. 1251 SEC. 6254. GULF STATES MARINE FISHERIES (B) a description of the status of fish habi- et seq.), including any definition in that Act. COMMISSION REPORT ON GULF OF tats in the United States as identified by es- (l) NONAPPLICABILITY OF FEDERAL ADVISORY MEXICO OUTER CONTINENTAL tablished Partnerships; and SHELF STATE BOUNDARY EXTEN- COMMITTEE ACT.—The Federal Advisory (C) enhancements or reductions in public SION. Committee Act (5 U.S.C. App.) shall not access as a result of— (a) REPORT ON RESOURCE MANAGEMENT apply to— (i) the activities of the Partnerships; or OUTCOMES.—Not later than March 1, 2017, the (1) the Board; or (ii) any other activities carried out pursu- Gulf States Marine Fisheries Commission (2) any Partnership. ant to this section. shall submit to the Committee on Com- (3) REVISIONS.—Not later than December (m) FUNDING.— merce, Science, and Transportation of the 31, 2016, and every 5 years thereafter, the (1) AUTHORIZATION OF APPROPRIATIONS.— Senate and the Committees on Natural Re- Board shall consider revising the goals of the (A) FISH HABITAT CONSERVATION sources and Transportation and Infrastruc- Board, after consideration of each report re- PROJECTS.—There is authorized to be appro- ture of the House of Representatives a report quired by paragraph (2). priated to the Secretary $7,200,000 for each of on the economic, conservation and manage- (k) EFFECT OF SECTION.— fiscal years 2016 through 2021 to provide ment, and law enforcement impacts of the (1) WATER RIGHTS.—Nothing in this sec- funds for fish habitat conservation projects implementation of section 110 of division B tion— approved under subsection (f)(6), of which 5 of the Consolidated Appropriations Act, 2016 (A) establishes any express or implied re- percent shall be made available for each fis- (Public Law 114–113). served water right in the United States for cal year for projects carried out by Indian (b) INFORMATION REQUIRED.—The report re- any purpose; tribes. quired under subsection (a) shall include a (B) affects any water right in existence on (B) ADMINISTRATIVE AND PLANNING EX- detailed accounting of how the implementa- the date of enactment of this Act; PENSES.—There is authorized to be appro- tion of section 110 of division B of the Con- (C) preempts or affects any State water priated to the Secretary for each of fiscal solidated Appropriations Act, 2016 (Public law or interstate compact governing water; years 2016 through 2021 an amount equal to 5 Law 114–113) has affected— or percent of the amount appropriated for the (1) the economies of the States of Alabama, (D) affects any Federal or State law in ex- applicable fiscal year pursuant to subpara- Florida, Louisiana, Mississippi, and Texas; istence on the date of enactment of the Act graph (A)— (2) the sustained participation of fishing regarding water quality or water quantity. (i) for administrative and planning ex- communities; (2) AUTHORITY TO ACQUIRE WATER RIGHTS OR penses; and (3) conservation and management of living RIGHTS TO PROPERTY.—Under this section, (ii) to carry out subsection (j). resources under all applicable Federal laws; only a State, local government, or other (C) TECHNICAL AND SCIENTIFIC ASSIST- (4) enforcement of Federal maritime laws; non-Federal entity may acquire, under State ANCE.—There is authorized to be appro- and law, water rights or rights to property. priated for each of fiscal years 2016 through (5) the ability of the governments of the (3) STATE AUTHORITY.—Nothing in this sec- 2021 to carry out, and provide technical and States described in paragraph (1) to effec- tion— scientific assistance under, subsection (g)— tively manage activities pursuant to the (A) affects the authority, jurisdiction, or (i) $500,000 to the Secretary for use by the fishery management plan for reef fish re- responsibility of a State to manage, control, United States Fish and Wildlife Service; sources of the Gulf of Mexico. or regulate fish and wildlife under the laws (ii) $500,000 to the NOAA Assistant Admin- (c) FUNDING.— and regulations of the State; or istrator for use by the National Oceanic and (1) IN GENERAL.—Subject to the avail- (B) authorizes the Secretary to control or Atmospheric Administration; ability of appropriations, the Secretary of regulate within a State the fishing or hunt- (iii) $500,000 to the EPA Assistant Adminis- Commerce shall make available to the Gulf ing of fish and wildlife. trator for use by the Environmental Protec- States Marine Fisheries Commission $500,000 (4) EFFECT ON INDIAN TRIBES.—Nothing in tion Agency; and to carry out the report required under sub- this section abrogates, abridges, affects, (iv) $500,000 to the Secretary for use by the section (a). modifies, supersedes, or alters any right of United States Geological Survey. (2) SUBSEQUENT APPROPRIATIONS.—Amounts an Indian tribe recognized by treaty or any (2) AGREEMENTS AND GRANTS.—The Sec- made available under paragraph (1) shall be other means, including— retary may— available only to the extent specifically pro- (A) an agreement between the Indian tribe (A) on the recommendation of the Board, vided for in advance in subsequent appropria- and the United States; and notwithstanding sections 6304 and 6305 of tions Acts. (B) Federal law (including regulations); title 31, United States Code, and the Federal SEC. 6255. GAO REPORT ON GULF OF MEXICO (C) an Executive order; or Financial Assistance Management Improve- OUTER CONTINENTAL SHELF STATE (D) a judicial decree. ment Act of 1999 (31 U.S.C. 6101 note; Public BOUNDARY EXTENSION. (5) ADJUDICATION OF WATER RIGHTS.—Noth- Law 106–107), enter into a grant agreement, (a) REPORT ON RESOURCE MANAGEMENT ing in this section diminishes or affects the cooperative agreement, or contract with a OUTCOMES.—Not later than March 1, 2017, the ability of the Secretary to join an adjudica- Partnership or other entity for a fish habitat Comptroller General of the United States tion of rights to the use of water pursuant to conservation project or restoration or en- shall submit to the Committee on Com- subsection (a), (b), or (c) of section 208 of the hancement project; merce, Science, and Transportation of the

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Senate and the Committee on Natural Re- (i) completing the planning and final de- (B) INCLUSIONS.—The term ‘‘asset’’ includes sources and the Committee on Transpor- sign of the modification of the Fontenelle assets described in subparagraph (A) that are tation and Infrastructure of the House of Dam under subsection (a); considered to be mission critical. Representatives a report on the economic, (ii) any environmental and cultural re- (2) ASSET MANAGEMENT REPORT.—The term conservation and management, and law en- source compliance activities required for the ‘‘Asset Management Report’’ means— forcement impacts of section 110 of division modification of the Fontenelle Dam under (A) the annual plan prepared by the Bureau B of the Consolidated Appropriations Act, subsection (a) including compliance with— of Reclamation known as the ‘‘Asset Man- 2016 (Public Law 114–113). (I) the National Environmental Policy Act agement Plan’’; and (b) INFORMATION REQUIRED.—The report re- of 1969 (42 U.S.C. 4321 et seq.); (B) any publicly available information re- quired by subsection (a) shall include a de- (II) the Endangered Species Act of 1973 (16 lating to the plan described in subparagraph tailed accounting of how section 110 of divi- U.S.C. 1531 et seq.); and (A) that summarizes the efforts of the Bu- sion B of the Consolidated Appropriations (III) subdivision 2 of division A of subtitle reau of Reclamation to evaluate and manage Act, 2016 (Public Law 114–113) has affected— III of title 54, United States Code; and infrastructure assets of the Bureau of Rec- (1) the economies of Alabama, Florida, (iii) the construction of the modification of lamation. Louisiana, Mississippi, and Texas; the Fontenelle Dam under subsection (a). (3) MAJOR REPAIR AND REHABILITATION (2) the sustained participation of fishing (c) FUNDING BY STATE OF WYOMING.—Pursu- NEED.—The term ‘‘major repair and rehabili- communities; ant to the Act of March 4, 1921 (41 Stat. 1404, tation need’’ means major nonrecurring (3) conservation and management of living chapter 161; 43 U.S.C. 395), and as a condition maintenance at a Reclamation facility, in- resources under all applicable Federal laws; of providing any additional storage under cluding maintenance related to the safety of (4) enforcement of Federal maritime laws; subsection (a), the State of Wyoming shall dams, extraordinary maintenance of dams, and provide to the Secretary of the Interior deferred major maintenance activities, and (5) the ability of the governments of Ala- funds for any work carried out under sub- all other significant repairs and extraor- bama, Florida, Louisiana, Mississippi, and section (a). dinary maintenance. Texas to effectively manage activities pursu- (d) OTHER CONTRACTING AUTHORITY.— (4) RECLAMATION FACILITY.—The term ant to the fishery management plan for reef (1) IN GENERAL.—The Secretary of the Inte- ‘‘Reclamation facility’’ means each of the in- fish resources of the Gulf of Mexico. rior may enter into contracts with the State frastructure assets that are owned by the PART VII—MISCELLANEOUS of Wyoming, on such terms and conditions as Bureau of Reclamation at a Reclamation the Secretary of the Interior and the State project. SEC. 6261. RESPECT FOR TREATIES AND RIGHTS. of Wyoming may agree, for division of any (5) RECLAMATION PROJECT.—The term ‘‘Rec- Nothing in this subtitle or the amend- additional active capacity made available lamation project’’ means a project that is ments made by this subtitle— under subsection (a). owned by the Bureau of Reclamation, includ- (1) affects or modifies any treaty or other (2) TERMS AND CONDITIONS.—Unless other- ing all reserved works and transferred works right of any federally recognized Indian wise agreed to by the Secretary of the Inte- owned by the Bureau of Reclamation. tribe; or rior and the State of Wyoming, a contract (6) RESERVED WORKS.—The term ‘‘reserved (2) modifies any provision of Federal law entered into under paragraph (1) shall be works’’ means buildings, structures, facili- relating to migratory birds or to endangered subject to the terms and conditions of Bu- ties, or equipment that are owned by the Bu- or threatened species. reau of Reclamation Contract No. 14–06–400– reau of Reclamation for which operations SEC. 6262. NO PRIORITY. 2474 and Bureau of Reclamation Contract No. and maintenance are performed by employ- Nothing in this subtitle or the amend- 14–06–400–6193. ees of the Bureau of Reclamation or through ments made by this subtitle provides a pref- SEC. 6302. SAVINGS PROVISIONS. a contract entered into by the Bureau of erence to hunting, fishing, or recreational Unless expressly provided in this part, Reclamation, regardless of the source of shooting over any other use of Federal land nothing in this part modifies, conflicts with, funding for the operations and maintenance. or water. preempts, or otherwise affects— (7) SECRETARY.—The term ‘‘Secretary’’ Subtitle D—Water Infrastructure and Related (1) the Act of December 31, 1928 (43 U.S.C. means the Secretary of the Interior. Matters 617 et seq.) (commonly known as the ‘‘Boul- (8) TRANSFERRED WORKS.—The term ‘‘trans- PART I—FONTENELLE RESERVOIR der Canyon Project Act’’); ferred works’’ means a Reclamation facility (2) the Colorado River Compact of 1922, as at which operations and maintenance of the SEC. 6301. AUTHORITY TO MAKE ENTIRE ACTIVE approved by the Presidential Proclamation CAPACITY OF FONTENELLE RES- facility is carried out by a non-Federal enti- ERVOIR AVAILABLE FOR USE. of June 25, 1929 (46 Stat. 3000); ty under the provisions of a formal oper- (3) the Act of July 19, 1940 (43 U.S.C. 618 et (a) IN GENERAL.—The Secretary of the In- ations and maintenance transfer contract or terior, in cooperation with the State of Wyo- seq.) (commonly known as the ‘‘Boulder Can- other legal agreement with the Bureau of ming, may amend the Definite Plan Report yon Project Adjustment Act’’); Reclamation. (4) the Treaty between the United States of for the Seedskadee Project authorized under SEC. 6312. ASSET MANAGEMENT REPORT EN- the first section of the Act of April 11, 1956 America and Mexico relating to the utiliza- tion of waters of the Colorado and Tijuana HANCEMENTS FOR RESERVED (commonly known as the ‘‘Colorado River WORKS. Storage Project Act’’) (43 U.S.C. 620), to pro- Rivers and of the Rio Grande, and supple- (a) IN GENERAL.—Not later than 2 years vide for the study, design, planning, and con- mentary protocol signed November 14, 1944, after the date of enactment of this Act, the struction activities that will enable the use signed at Washington February 3, 1944 (59 Secretary shall submit to Congress an Asset of all active storage capacity (as may be de- Stat. 1219); fined or limited by legal, hydrologic, struc- (5) the Upper Colorado River Basin Com- Management Report that— tural, engineering, economic, and environ- pact as consented to by the Act of April 6, (1) describes the efforts of the Bureau of mental considerations) of Fontenelle Dam 1949 (63 Stat. 31); Reclamation— and Reservoir, including the placement of (6) the Act of April 11, 1956 (commonly (A) to maintain in a reliable manner all re- sufficient riprap on the upstream face of known as the ‘‘Colorado River Storage served works at Reclamation facilities; and Fontenelle Dam to allow the active storage Project Act’’) (43 U.S.C. 620 et seq.); (B) to standardize and streamline data re- capacity of Fontenelle Reservoir to be used (7) the Colorado River Basin Project Act porting and processes across regions and for those purposes for which the Seedskadee (Public Law 90–537; 82 Stat. 885); or areas for the purpose of maintaining re- Project was authorized. (8) any State of Wyoming or other State served works at Reclamation facilities; and (2) expands on the information otherwise (b) COOPERATIVE AGREEMENTS.— water law. provided in an Asset Management Report, in (1) IN GENERAL.—The Secretary of the Inte- PART II—BUREAU OF RECLAMATION rior may enter into any contract, grant, co- TRANSPARENCY accordance with subsection (b). operative agreement, or other agreement SEC. 6311. DEFINITIONS. (b) INFRASTRUCTURE MAINTENANCE NEEDS that is necessary to carry out subsection (a). In this part: ASSESSMENT.— (2) STATE OF WYOMING.— (1) ASSET.— (1) IN GENERAL.—The Asset Management (A) IN GENERAL.—The Secretary of the In- (A) IN GENERAL.—The term ‘‘asset’’ means Report submitted under subsection (a) shall terior shall enter into a cooperative agree- any of the following assets that are used to include— ment with the State of Wyoming to work in achieve the mission of the Bureau of Rec- (A) a detailed assessment of major repair cooperation and collaboratively with the lamation to manage, develop, and protect and rehabilitation needs for all reserved State of Wyoming for planning, design, re- water and related resources in an environ- works at all Reclamation projects; and lated preconstruction activities, and con- mentally and economically sound manner in (B) to the extent practicable, an itemized struction of any modification of the the interest of the people of the United list of major repair and rehabilitation needs Fontenelle Dam under subsection (a). States: of individual Reclamation facilities at each (B) REQUIREMENTS.—The cooperative (i) Capitalized facilities, buildings, struc- Reclamation project. agreement under subparagraph (A) shall, at a tures, project features, power production (2) INCLUSIONS.—To the extent practicable, minimum, specify the responsibilities of the equipment, recreation facilities, or quarters. the itemized list of major repair and reha- Secretary of the Interior and the State of (ii) Capitalized and noncapitalized heavy bilitation needs under paragraph (1)(B) shall Wyoming with respect to— equipment and other installed equipment. include—

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.043 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2180 CONGRESSIONAL RECORD — SENATE April 19, 2016 (A) a budget level cost estimate of the ap- PART III—BASIN WATER MANAGEMENT (11) by adding at the end the following: propriations needed to complete each item; Subpart A—Yakima River Basin Water ‘‘(9) to improve the resilience of the eco- and Enhancement systems, economies, and communities in the (B) an assignment of a categorical rating SEC. 6321. SHORT TITLE. Basin as they face drought, hydrologic for each item, consistent with paragraph (3). This subpart may be cited as the ‘‘Yakima changes, and other related changes and vari- (3) RATING REQUIREMENTS.— River Basin Water Enhancement Project ability in natural and human systems, for (A) IN GENERAL.—The system for assigning Phase III Act of 2016’’. the benefit of both the people and the fish ratings under paragraph (2)(B) shall be— and wildlife of the region; and SEC. 6322. MODIFICATION OF TERMS, PURPOSES, (i) consistent with existing uniform cat- AND DEFINITIONS. ‘‘(10) to authorize and implement the Yak- egorization systems to inform the annual (a) MODIFICATION OF TERMS.—Title XII of ima River Basin Integrated Water Resource budget process and agency requirements; and Public Law 103–434 (108 Stat. 4550) is amend- Management Plan as Phase III of the Yak- (ii) subject to the guidance and instruc- ed— ima River Basin Water Enhancement tions issued under subparagraph (B). (1) by striking ‘‘Yakama Indian’’ each Project, as a balanced and cost-effective ap- (B) GUIDANCE.—As soon as practicable after place it appears (except section 1204(g)) and proach to maximize benefits to the commu- the date of enactment of this Act, the Sec- inserting ‘‘Yakama’’; and nities and environment in the Basin.’’. retary shall issue guidance that describes (2) by striking ‘‘Superintendent’’ each (c) MODIFICATION OF DEFINITIONS.—Section the applicability of the rating system appli- place it appears and inserting ‘‘Manager’’. 1202 of Public Law 103–434 (108 Stat. 4550) is cable under paragraph (2)(B) to Reclamation (b) MODIFICATION OF PURPOSES.—Section amended— facilities. 1201 of Public Law 103–434 (108 Stat. 4550) is (1) by redesignating paragraphs (6), (7), (8), (4) PUBLIC AVAILABILITY.—Except as pro- amended— (9), (10), (11), (12), (13), and (14) as paragraphs vided in paragraph (5), the Secretary shall (1) by striking paragraph (1) and inserting (8), (10), (11), (13), (14), (15), (16), (18), and (19), make publicly available, including on the the following: respectively; Internet, the Asset Management Report re- ‘‘(1) to protect, mitigate, and enhance fish (2) by inserting after paragraph (5) the fol- quired under subsection (a). and wildlife and the recovery and mainte- lowing: (5) CONFIDENTIALITY.—The Secretary may nance of self-sustaining harvestable popu- ‘‘(6) DESIGNATED FEDERAL OFFICIAL.—The exclude from the public version of the Asset lations of fish and other aquatic life, both term ‘designated Federal official’ means the Management Report made available under anadromous and resident species, throughout Commissioner of Reclamation (or a des- paragraph (4) any information that the Sec- their historic distribution range in the Yak- ignee), acting pursuant to the charter of the retary identifies as sensitive or classified, ima Basin through— Conservation Advisory Group. but shall make available to the Committee ‘‘(A) improved water management and the ‘‘(7) INTEGRATED PLAN.—The terms ‘Inte- on Energy and Natural Resources of the Sen- constructions of fish passage at storage and grated Plan’ and ‘Yakima River Basin Inte- ate and the Committee on Natural Resources diversion dams, as authorized under the Hoo- grated Water Resource Plan’ mean the plan of the House of Representatives a version of ver Power Plant Act of 1984 (43 U.S.C. 619 et and activities authorized by the Yakima the report containing the sensitive or classi- seq.); River Basin Water Enhancement Project fied information. ‘‘(B) improved instream flows and water Phase III Act of 2016 and the amendments (c) UPDATES.—Not later than 2 years after supplies; made by that subpart, to be carried out in the date on which the Asset Management Re- ‘‘(C) improved water quality, watershed, cooperation with and in addition to activi- port is submitted under subsection (a) and and ecosystem function; ties of the State of Washington and Yakama biennially thereafter, the Secretary shall up- ‘‘(D) protection, creation, and enhance- Nation.’’; date the Asset Management Report, subject ment of wetlands; and (3) by inserting after paragraph (8) (as re- to the requirements of section 6313(b)(2). ‘‘(E) other appropriate means of habitat designated by paragraph (1)) the following: (d) CONSULTATION.—To the extent that improvement;’’; ‘‘(9) MUNICIPAL, INDUSTRIAL, AND DOMESTIC such consultation would assist the Secretary (2) in paragraph (2), by inserting ‘‘, munic- WATER SUPPLY AND USE.—The term ‘munic- in preparing the Asset Management Report ipal, industrial, and domestic water supply ipal, industrial, and domestic water supply under subsection (a) and updates to the and use purposes, especially during drought and use’ means the supply and use of water Asset Management Report under subsection years, including reducing the frequency and for— (c), the Secretary shall consult with— severity of water supply shortages for pro- ‘‘(A) domestic consumption (whether urban (1) the Secretary of the Army (acting ratable irrigation entities’’ before the semi- or rural); through the Chief of Engineers); and colon at the end; ‘‘(B) maintenance and protection of public (2) water and power contractors. (3) by striking paragraph (4); health and safety; SEC. 6313. ASSET MANAGEMENT REPORT EN- (4) by redesignating paragraph (3) as para- ‘‘(C) manufacture, fabrication, processing, HANCEMENTS FOR TRANSFERRED graph (4); assembly, or other production of a good or WORKS. (5) by inserting after paragraph (2) the fol- commodity; (a) IN GENERAL.—The Secretary shall co- lowing: ‘‘(D) production of energy; ordinate with the non-Federal entities re- ‘‘(3) to authorize the Secretary to make ‘‘(E) fish hatcheries; or sponsible for the operation and maintenance water available for purchase or lease for ‘‘(F) water conservation activities relating of transferred works in developing reporting meeting municipal, industrial, and domestic to a use described in subparagraphs (A) requirements for Asset Management Reports water supply purposes;’’; through (E).’’; with respect to major repair and rehabilita- (6) by redesignating paragraphs (5) and (6) (4) by inserting after paragraph (11) (as re- tion needs for transferred works that are as paragraphs (6) and (8), respectively; designated by paragraph (1)) the following: similar to the reporting requirements de- (7) by inserting after paragraph (4) (as so ‘‘(12) PRORATABLE IRRIGATION ENTITY.—The scribed in section 6312(b). redesignated) the following: term ‘proratable irrigation entity’ means a (b) GUIDANCE.— ‘‘(5) to realize sufficient water savings district, project, or State-recognized author- (1) IN GENERAL.—After considering input from implementing the Yakima River Basin ity, board of control, agency, or entity lo- from water and power contractors of the Bu- Integrated Water Resource Management cated in the Yakima River basin that— reau of Reclamation, the Secretary shall de- Plan, so that not less than 85,000 acre feet of ‘‘(A) manages and delivers irrigation water velop and implement a rating system for water savings are achieved by implementing to farms in the basin; and transferred works that incorporates, to the the first phase of the Integrated Plan pursu- ‘‘(B) possesses, or the members of which maximum extent practicable, the rating sys- ant to section 1213(a), in addition to the possess, water rights that are proratable dur- tem for major repair and rehabilitation 165,000 acre feet of water savings targeted ing periods of water shortage.’’; and needs for reserved works developed under through the Basin Conservation Program, as (5) by inserting after paragraph (16) (as re- section 6312(b)(3). authorized on October 31, 1994;’’; designated by paragraph (1)) the following: (2) UPDATES.—The ratings system devel- (8) in paragraph (6) (as so redesignated)— ‘‘(17) YAKIMA ENHANCEMENT PROJECT; YAK- oped under paragraph (1) shall be included in (A) by inserting ‘‘an increase in’’ before IMA RIVER BASIN WATER ENHANCEMENT the updated Asset Management Reports ‘‘voluntary’’; and PROJECT.—The terms ‘Yakima Enhancement under section 6312(c). (B) by striking ‘‘and’’ at the end; Project’ and ‘Yakima River Basin Water En- SEC. 6314. OFFSET. (9) by inserting after paragraph (6) (as so hancement Project’ mean the Yakima River Notwithstanding any other provision of redesignated) the following: basin water enhancement project authorized law, in the case of the project authorized by ‘‘(7) to encourage an increase in the use of, by Congress pursuant to this Act and other section 1617 of the Reclamation Projects Au- and reduce the barriers to, water transfers, Acts (including Public Law 96–162 (93 Stat. thorization and Adjustment Act of 1992 (43 leasing, markets, and other voluntary trans- 1241), section 109 of Public Law 98–381 (16 U.S.C. 390h–12c), the maximum amount of actions among public and private entities to U.S.C. 839b note; 98 Stat. 1340), Public Law the Federal share of the cost of the project enhance water management in the Yakima 105–62 (111 Stat. 1320), and Public Law 106–372 under section 1631(d)(1) of that Act (43 U.S.C. River basin;’’; (114 Stat. 1425)) to promote water conserva- 390h–13(d)(1)) otherwise available as of the (10) in paragraph (8) (as redesignated by tion, water supply, habitat, and stream en- date of enactment of this Act shall be re- paragraph (6)), by striking the period at the hancement improvements in the Yakima duced by $2,000,000. end and inserting a semicolon; and River basin.’’.

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SEC. 6323. YAKIMA RIVER BASIN WATER CON- (B) in the third sentence, by striking (c) LAKE CLE ELUM AUTHORIZATION OF AP- SERVATION PROGRAM. ‘‘made immediately upon availability’’ and PROPRIATIONS.—Section 1206(a)(1) of Public Section 1203 of Public Law 103–434 (108 all that follows through ‘‘Committee’’ and Law 103–434 (108 Stat. 4560), is amended, in Stat. 4551) is amended— inserting ‘‘continued as needed to provide the matter preceding subparagraph (A), by (1) in subsection (a)— water to be used by the Yakima Project striking ‘‘at September’’ and all that follows (A) in paragraph (1)— Manager as recommended by the System Op- (i) in the second sentence, by striking erations Advisory Committee and the Con- through ‘‘to—’’ and inserting ‘‘not more than ‘‘title’’ and inserting ‘‘section’’; and servation Advisory Group’’; and $12,000,000 to—’’. (ii) in the third sentence, by striking (6) in subsection (j)(4), in the first sen- (d) ENHANCEMENT OF WATER SUPPLIES FOR ‘‘within 5 years of the date of enactment of tence, by striking ‘‘initial acquisition’’ and YAKIMA BASIN TRIBUTARIES.—Section 1207 of this Act’’; and all that follows through ‘‘flushing flows’’ and Public Law 103–434 (108 Stat. 4560) is amend- (B) in paragraph (2), by striking ‘‘irriga- inserting ‘‘acquisition of water from willing ed— tion’’ and inserting ‘‘the number of irrigated sellers or lessors specifically to provide im- (1) in the heading, by striking ‘‘SUPPLIES’’ acres’’; proved instream flows for anadromous and and inserting ‘‘MANAGEMENT’’; (2) in subsection (c)— resident fish and other aquatic life, including (A) in paragraph (2)— (2) in subsection (a)— pulse flows to facilitate outward migration (A) in the matter preceding paragraph (1), (i) in each of subparagraphs (A) through of anadromous fish’’. (D), by striking the comma at the end and by striking ‘‘supplies’’ and inserting ‘‘man- SEC. 6324. YAKIMA BASIN WATER PROJECTS, OP- agement’’; inserting a semicolon; ERATIONS, AND AUTHORIZATIONS. (B) in paragraph (1), by inserting ‘‘and (ii) in subparagraph (E), by striking the (a) YAKAMA NATION PROJECTS.—Section comma at the end and inserting ‘‘; and’’; 1204 of Public Law 103–434 (108 Stat. 4555) is water supply entities’’ after ‘‘owners’’; and (iii) in subparagraph (F), by striking ‘‘De- amended— (C) in paragraph (2)— partment of Wildlife of the State of Wash- (1) in subsection (a)(2), in the first sen- (i) in subparagraph (A), by inserting ‘‘that ington, and’’ and inserting ‘‘Department of tence, by striking ‘‘not more than choose not to participate or opt out of tribu- Fish and Wildlife of the State of Wash- $23,000,000’’ and inserting ‘‘not more than tary enhancement projects pursuant to this ington.’’; and $100,000,000’’; and section’’ after ‘‘water right owners’’; and (iv) by striking subparagraph (G); (2) in subsection (g)— (ii) in subparagraph (B), by inserting ‘‘non- (B) in paragraph (3)— (A) by striking the subsection heading and participating’’ before ‘‘tributary water (i) in each of subparagraphs (A) through inserting ‘‘REDESIGNATION OF YAKAMA INDIAN users’’; (C), by striking the comma at the end and in- NATION TO YAKAMA NATION.—’’; (3) in subsection (b)— serting a semicolon; (B) by striking paragraph (1) and inserting (A) in paragraph (1)— (ii) in subparagraph (D), by striking ‘‘, the following: (i) by striking the paragraph designation and’’ and inserting a semicolon; ‘‘(1) REDESIGNATION.—The Confederated and all that follows through ‘‘(but not lim- (iii) in subparagraph (E), by striking the Tribes and Bands of the Yakama Indian Na- ited to)—’’ and inserting the following: period at the end and inserting ‘‘; and’’; and tion shall be known and designated as the ‘‘(1) IN GENERAL.—The Secretary, following (iv) by adding at the end the following: ‘Confederated Tribes and Bands of the consultation with the State of Washington, ‘‘(F) provide recommendations to advance Yakama Nation’.’’; and tributary water right owners, and the the purposes and programs of the Yakima (C) in paragraph (2), by striking ‘‘deemed Yakama Nation, and on agreement of appro- Enhancement Project, including the Inte- to be a reference to the ‘Confederated Tribes priate water right owners, is authorized to grated Plan.’’; and and Bands of the Yakama Indian Nation’.’’ conduct studies to evaluate measures to fur- (C) by striking paragraph (4) and inserting and inserting ‘‘deemed to be a reference to ther Yakima Project purposes on tributaries the following: the ‘Confederated Tribes and Bands of the to the Yakima River. Enhancement pro- ‘‘(4) AUTHORITY OF DESIGNATED FEDERAL OF- Yakama Nation’.’’. grams that use measures authorized by this FICIAL.—The designated Federal official (b) OPERATION OF YAKIMA BASIN subsection may be investigated and imple- may— PROJECTS.—Section 1205 of Public Law 103– mented by the Secretary in tributaries to ‘‘(A) arrange and provide logistical support 434 (108 Stat. 4557) is amended— the Yakima River, including Taneum Creek, for meetings of the Conservation Advisory (1) in subsection (a)— other areas, or tributary basins that cur- Group; (A) in paragraph (4)— rently or could potentially be provided sup- ‘‘(B) use a facilitator to serve as a moder- (i) in subparagraph (A)— plemental or transfer water by entities, such ator for meetings of the Conservation Advi- (I) in clause (i)— as the Kittitas Reclamation District or the sory Group or provide additional logistical (aa) by inserting ‘‘additional’’ after ‘‘se- Yakima-Tieton Irrigation District, subject support; and cure’’; to the condition that activities may com- ‘‘(C) grant any request for a facilitator by (bb) by striking ‘‘flushing’’ and inserting mence on completion of applicable and re- any member of the Conservation Advisory ‘‘pulse’’; and quired feasibility studies, environmental re- Group.’’; (cc) by striking ‘‘uses’’ and inserting ‘‘uses, views, and cost-benefit analyses that include (3) in subsection (d), by adding at the end in addition to the quantity of water provided favorable recommendations for further the following: under the treaty between the Yakama Na- project development, as appropriate. Meas- ‘‘(4) PAYMENT OF LOCAL SHARE BY STATE OR tion and the United States’’; ures to evaluate include—’’; FEDERAL GOVERNMENT.— (II) by striking clause (ii); (ii) by indenting subparagraphs (A) ‘‘(A) IN GENERAL.—The State or the Fed- (III) by redesignating clause (iii) as clause through (F) appropriately; eral Government may fund not more than (ii); and (iii) in subparagraph (A), by inserting be- the 17.5 percent local share of the costs of (IV) in clause (ii) (as so redesignated) by fore the semicolon at the end the following: the Basin Conservation Program in exchange inserting ‘‘and water rights mandated’’ after ‘‘, including irrigation efficiency improve- for the long-term use of conserved water, ‘‘goals’’; and ments (in coordination with programs of the subject to the requirement that the funding (ii) in subparagraph (B)(i), in the first sen- Department of Agriculture), consolidation of by the Federal Government of the local tence, by inserting ‘‘in proportion to the diversions or administration, and diversion share of the costs shall provide a quantifi- funding received’’ after ‘‘Program’’; scheduling or coordination’’; able public benefit in meeting Federal re- (2) in subsection (b) (as amended by section (iv) by redesignating subparagraphs (C) sponsibilities in the Basin and the purposes 6322(a)(2)), in the second sentence, by strik- through (F) as subparagraphs (E) through of this title. ing ‘‘instream flows for use by the Yakima (H), respectively; ‘‘(B) USE OF CONSERVED WATER.—The Yak- Project Manager as flushing flows or as oth- (v) by inserting after subparagraph (B) the ima Project Manager may use water result- erwise’’ and inserting ‘‘fishery purposes, as’’; following: ing from conservation measures taken under and ‘‘(C) improvements in irrigation system this title, in addition to water that the Bu- (3) in subsection (e), by striking paragraph management or delivery facilities within the reau of Reclamation may acquire from any (1) and inserting the following: Yakima River basin when those improve- willing seller through purchase, donation, or ‘‘(1) IN GENERAL.—Additional purposes of ments allow for increased irrigation system lease, for water management uses pursuant the Yakima Project shall be any of the fol- conveyance and corresponding reduction in to this title.’’; lowing: diversion from tributaries or flow enhance- (4) in subsection (e), by striking the first ‘‘(A) To recover and maintain self-sus- ments to tributaries through direct flow sup- sentence and inserting the following: ‘‘To taining harvestable populations of native plementation or groundwater recharge; participate in the Basin Conservation Pro- fish, both anadromous and resident species, ‘‘(D) improvements of irrigation system gram, as described in subsection (b), an enti- throughout their historic distribution range management or delivery facilities to reduce ty shall submit to the Secretary a proposed in the Yakima Basin. or eliminate excessively high flows caused water conservation plan.’’; ‘‘(B) To protect, mitigate, and enhance by the use of natural streams for conveyance (5) in subsection (i)(3)— aquatic life and wildlife. or irrigation water or return water;’’; (A) by striking ‘‘purchase or lease’’ each ‘‘(C) Recreation. (vi) in subparagraph (E) (as redesignated place it appears and inserting ‘‘purchase, ‘‘(D) Municipal, industrial, and domestic by clause (iv)), by striking ‘‘ground water’’ lease, or management’’; and use.’’. and inserting ‘‘groundwater recharge and’’;

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.043 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2182 CONGRESSIONAL RECORD — SENATE April 19, 2016 (vii) in subparagraph (G) (as redesignated sistent with the Integrated Plan, subject to tat in the Yakima River and its tributaries by clause (iv)), by inserting ‘‘or transfer’’ the condition that, if the Yakima Project in furtherance of this title. after ‘‘purchase’’; and reservoir identified by the Secretary con- ‘‘(III) To implement, in partnership with (viii) in subparagraph (H) (as redesignated tains a hydropower project licensed by the Federal and non-Federal entities, projects to by clause (iv)), by inserting ‘‘stream proc- Federal Energy Regulatory Commission, the enhance the health and resilience of the wa- esses and’’ before ‘‘stream habitats’’; Secretary shall cooperate with the Federal tershed. (B) in paragraph (2)— Energy Regulatory Commission in a timely ‘‘(B) COMMENCEMENT DATE.—The Secretary (i) in the matter preceding subparagraph manner to ensure that actions taken by the shall commence implementation of the ac- (A), by striking ‘‘the Taneum Creek study’’ Secretary are consistent with the applicable tivities included under the initial develop- and inserting ‘‘studies under this sub- hydropower project license; ment phase pursuant to this paragraph— section’’; ‘‘(ii) negotiate long-term agreements with ‘‘(i) on the date of enactment of this sec- (ii) in subparagraph (B)— participating proratable irrigation entities tion; and (I) by striking ‘‘and economic’’ and insert- in the Yakima Basin and, acting through the ‘‘(ii) on completion of applicable feasibility ing ‘‘, infrastructure, economic, and land Bureau of Reclamation, coordinate between studies, environmental reviews, and cost- use’’; and Bureaus of the Department of the Interior benefit analyses that include favorable rec- (II) by striking ‘‘and’’ at the end; and with the heads of other Federal agencies ommendations for further project develop- (iii) in subparagraph (C), by striking the to negotiate agreements concerning leases, ment. easements, and rights-of-way on Federal period at the end and inserting ‘‘; and’’; and ‘‘(3) INTERMEDIATE AND FINAL PHASES.— land, and other terms and conditions deter- (iv) by adding at the end the following: ‘‘(A) IN GENERAL.—The Secretary, in co- mined to be necessary to allow for the non- ‘‘(D) any related studies already underway ordination with the State of Washington and Federal financing, construction, operation, or undertaken.’’; and in consultation with the Yakama Nation, and maintenance of— (C) in paragraph (3), in the first sentence, shall develop plans for intermediate and ‘‘(I) new facilities needed to access and de- by inserting ‘‘of each tributary or group of final development phases of the Integrated liver inactive storage in Lake Kachess for tributaries’’ after ‘‘study’’; Plan to achieve the purposes of this Act, in- the purpose of providing drought relief for ir- (4) in subsection (c)— cluding conducting applicable feasibility (A) in the heading, by inserting ‘‘AND NON- rigation (known as the ‘Kachess Drought Re- lief Pumping Plant’); and studies, environmental reviews, and other SURFACE STORAGE’’ after ‘‘NONSTORAGE’’; and relevant studies needed to develop the plans. (B) in the matter preceding paragraph (1), ‘‘(II) a conveyance system to allow transfer of water between Keechelus Reservoir to ‘‘(B) INTERMEDIATE PHASE.—The Secretary by inserting ‘‘and nonsurface storage’’ after shall develop an intermediate development ‘‘nonstorage’’; Kachess Reservoir for purposes of improving operational flexibility for the benefit of both phase to implement the Integrated Plan (5) by striking subsection (d); that, subject to authorization and appropria- (6) by redesignating subsection (e) as sub- fish and irrigation (known as the ‘K to K Pipeline’); tion, would commence not later than 10 section (d); and years after the date of enactment of this sec- (7) in paragraph (2) of subsection (d) (as so ‘‘(iii) participate in, provide funding for, and accept non-Federal financing for— tion. redesignated)— ‘‘(C) FINAL PHASE.—The Secretary shall de- (A) in the first sentence— ‘‘(I) water conservation projects, not sub- ject to the provisions of the Basin Conserva- velop a final development phase to imple- (i) by inserting ‘‘and implementation’’ tion Program described in section 1203, that ment the Integrated Plan that, subject to after ‘‘investigation’’; are intended to partially implement the In- authorization and appropriation, would com- (ii) by striking ‘‘other’’ before ‘‘Yakima tegrated Plan by providing 85,000 acre-feet of mence not later than 20 years after the date River’’; and conserved water to improve tributary and of enactment of this section. (iii) by inserting ‘‘and other water supply mainstem stream flow; and ‘‘(4) CONTINGENCIES.—The implementation entities’’ after ‘‘owners’’; and ‘‘(II) aquifer storage and recovery projects; by the Secretary of projects and activities (B) by striking the second sentence. ‘‘(iv) study, evaluate, and conduct feasi- identified for implementation under the In- (e) CHANDLER PUMPING PLANT AND POWER- bility analyses and environmental reviews of tegrated Plan shall be— PLANT-OPERATIONS AT PROSSER DIVERSION fish passage, water supply (including ground- ‘‘(A) subject to authorization and appro- DAM.—Section 1208(d) of Public Law 103–434 water and surface water storage), conserva- priation; (108 Stat. 4562; 114 Stat. 1425) is amended by tion, habitat restoration projects, and other ‘‘(B) contingent on the completion of appli- inserting ‘‘negatively’’ before ‘‘affected’’. alternatives identified as consistent with the cable feasibility studies, environmental re- (f) INTERIM COMPREHENSIVE BASIN OPER- purposes of this Act, for the initial and fu- views, and cost-benefit analyses that include ATING PLAN.—Section 1210(c) of Public Law favorable recommendations for further 103–434 (108 Stat. 4564) is amended by striking ture phases of the Integrated Plan; ‘‘(v) coordinate with and assist the State of project development; ‘‘$100,000’’ and inserting ‘‘$200,000’’. Washington in implementing a robust water ‘‘(C) implemented on public review and a (g) ENVIRONMENTAL COMPLIANCE.—Section determination by the Secretary that design, 1211 of Public Law 103–434 (108 Stat. 4564) is market to enhance water management in the construction, and operation of a proposed amended by striking ‘‘$2,000,000’’ and insert- Yakima River basin, including— project or activity is in the best interest of ing ‘‘$5,000,000’’. ‘‘(I) assisting in identifying ways to en- courage and increase the use of, and reduce the public; and SEC. 6325. AUTHORIZATION OF PHASE III OF YAK- ‘‘(D) in compliance with all applicable IMA RIVER BASIN WATER ENHANCE- the barriers to, water transfers, leasing, MENT PROJECT. markets, and other voluntary transactions laws, including the National Environmental Title XII of Public Law 103–434 (108 Stat. among public and private entities in the Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 4550) is amended by adding at the end the fol- Yakima River basin; the Endangered Species Act of 1973 (16 U.S.C. lowing: ‘‘(II) providing technical assistance, in- 1531 et seq.). ‘‘SEC. 1213. AUTHORIZATION OF THE INTE- cluding scientific data and market informa- ‘‘(5) PROGRESS REPORT.— GRATED PLAN AS PHASE III OF YAK- tion; and ‘‘(A) IN GENERAL.—Not later than 5 years IMA RIVER BASIN WATER ENHANCE- ‘‘(III) negotiating agreements that would after the date of enactment of this section, MENT PROJECT. facilitate voluntary water transfers between the Secretary, in conjunction with the State ‘‘(a) INTEGRATED PLAN.— entities, including as appropriate, the use of of Washington and in consultation with the ‘‘(1) IN GENERAL.—The Secretary shall im- federally managed infrastructure; and Yakama Nation, shall submit to the Com- plement the Integrated Plan as Phase III of ‘‘(vi) enter into cooperative agreements mittee on Energy and Natural Resources of the Yakima River Basin Water Enhancement with, or, subject to a minimum non-Federal the Senate and the Committee on Natural Project in accordance with this section and cost-sharing requirement of 50 percent, make Resources of the House of Representatives a applicable laws. grants to, the Yakama Nation, the State of progress report on the development and im- ‘‘(2) INITIAL DEVELOPMENT PHASE OF THE IN- Washington, Yakima River basin irrigation plementation of the Integrated Plan. TEGRATED PLAN.— districts, water districts, conservation dis- ‘‘(B) REQUIREMENTS.—The progress report ‘‘(A) IN GENERAL.—The Secretary, in co- tricts, other local governmental entities, under this paragraph shall— ordination with the State of Washington and nonprofit organizations, and land owners to ‘‘(i) provide a review and reassessment, if Yakama Nation and subject to feasibility carry out this title under such terms and needed, of the objectives of the Integrated studies, environmental reviews, and the conditions as the Secretary may require, in- Plan, as applied to all elements of the Inte- availability of appropriations, shall imple- cluding the following purposes: grated Plan; ment an initial development phase of the In- ‘‘(I) Land and water transfers, leases, and ‘‘(ii) assess, through performance metrics tegrated Plan, to— acquisitions from willing participants, so developed at the initiation of, and measured ‘‘(i) complete the planning, design, and long as the acquiring entity shall hold title throughout the implementation of, the Inte- construction or development of upstream and be responsible for any and all required grated Plan, the degree to which the imple- and downstream fish passage facilities, as operations, maintenance, and management mentation of the initial development phase previously authorized by the Hoover Power of that land and water. addresses the objectives and all elements of Plant Act of 1984 (43 U.S.C. 619 et seq.) at Cle ‘‘(II) To combine or relocate diversion the Integrated Plan; Elum Reservoir and another Yakima Project points, remove fish barriers, or for other ac- ‘‘(iii) identify the amount of Federal fund- reservoir identified by the Secretary as con- tivities that increase flows or improve habi- ing and non-Federal contributions received

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.043 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2183 and expended during the period covered by trict, or other proratable irrigation entities ‘‘(iii) the Secretary determines that it is the report; participating in the construction, operation, appropriate to provide power under that sub- ‘‘(iv) describe the pace of project develop- and maintenance costs of the facilities under paragraph. ment during the period covered by the re- this title under such terms and conditions to ‘‘(C) PERIOD OF AVAILABILITY.—Power port; which the districts may agree, subject to the under subparagraph (A) shall be provided ‘‘(v) identify additional projects and activi- conditions that— until the date on which the Secretary deter- ties proposed for inclusion in any future ‘‘(aa) the Bureau of Indian Affairs, the mines that power should no longer be pro- phase of the Integrated Plan to address the Wapato Irrigation Project, and the Yakama vided under that subparagraph, but for not objectives of the Integrated Plan, as applied Nation, on an election to participate, may more than a 1-year period or the period dur- to all elements of the Integrated Plan; and also obtain water from Kachess Reservoir in- ing which the Secretary determines that ‘‘(vi) for water supply projects— active storage to enhance applicable existing drought mitigation measures are necessary ‘‘(I) provide a preliminary discussion of the irrigation water supply in accordance with in the Yakima River basin. means by which— such terms and conditions to which the Bu- ‘‘(D) RATE.—The Administrator of the Bon- ‘‘(aa) water and costs associated with each reau of Indian Affairs and the Yakama Na- neville Power Administration shall provide recommended project would be allocated tion may agree; and power under subparagraph (A) at the then- among authorized uses; and ‘‘(bb) the additional supply made available applicable lowest Bonneville Power Adminis- ‘‘(bb) those allocations would be consistent under this clause shall be available to par- tration rate for public body, cooperative, and with the objectives of the Integrated Plan; ticipating individuals and entities in propor- Federal agency customers firm obligations, and tion to the proratable entitlements of the which as of the date of enactment of this sec- ‘‘(II) establish a plan for soliciting and for- participating individuals and entities, or in tion is the priority firm Tier 1 rate, and shall malizing subscriptions among individuals such other proportion as the participating not include any irrigation discount. and entities for participation in any of the entities may agree; and ‘‘(E) LOCAL PROVIDER.—During any period recommended water supply projects that will ‘‘(II) to facilitate reservoir operations in in which power is not being provided under establish the terms for participation, includ- the reach of the Yakima River between subparagraph (A), the power needed to oper- ing fiscal obligations associated with sub- Keechelus Dam and Easton Dam for the ate the Kachess Pumping Plant shall be ob- scription. propagation of anadromous fish. tained by the Secretary from a local pro- ‘‘(b) FINANCING, CONSTRUCTION, OPERATION, ‘‘(B) EFFECT OF PARAGRAPH.—Nothing in vider. AND MAINTENANCE OF KACHESS DROUGHT RE- this paragraph affects (as in existence on the ‘‘(F) COSTS.—The cost of power for such LIEF PUMPING PLANT AND K TO K PIPELINE.— date of enactment of this section) any con- pumping, station service power, and all costs ‘‘(1) AGREEMENTS.—Long-term agreements tract, law (including regulations) relating to of transmitting power from the Federal Co- negotiated between the Secretary and par- repayment costs, water right, or Yakama lumbia River Power System to the Yakima ticipating proratable irrigation entities in Nation treaty right. Enhancement Project pumping facilities the Yakima Basin for the non-Federal fi- ‘‘(3) COMMENCEMENT.—The Secretary shall shall be borne by irrigation districts receiv- nancing, construction, operation, and main- not commence entering into agreements pur- ing the benefits of that water. tenance of the Drought Relief Pumping suant to subsection (a)(2)(A)(ii) or subsection ‘‘(G) DUTIES OF COMMISSIONER.—The Com- Plant and K to K Pipeline shall include pro- (b)(1) or implementing any activities pursu- missioner of Reclamation shall be respon- visions regarding— ant to the agreements before the date on sible for arranging transmission for deliv- ‘‘(A) responsibilities of the participating which— eries of Federal power over the Bonneville proratable irrigation entities for the plan- ‘‘(A) all applicable and required feasibility system through applicable tariff and busi- ning, design, and construction of infrastruc- studies, environmental reviews, and cost- ness practice processes of the Bonneville sys- ture in consultation and coordination with benefit analyses have been completed and in- tem and for arranging transmission for deliv- the Secretary; clude favorable recommendations for further eries of power obtained from a local pro- ‘‘(B) property titles and responsibilities of project development, including an analysis vider. the participating proratable irrigation enti- of— ties for the maintenance of and liability for ‘‘(i) the impacts of the agreements and ac- ‘‘(c) DESIGN AND USE OF GROUNDWATER RE- all infrastructure constructed under this tivities conducted pursuant to subsection CHARGE PROJECTS.— title; (a)(2)(A)(ii) on adjacent communities, includ- ‘‘(1) IN GENERAL.—Any water supply that ‘‘(C) operation and integration of the ing potential fire hazards, water access for results from an aquifer storage and recovery projects by the Secretary in the operation of fire districts, community and homeowner project shall not be considered to be a part of the Yakima Project; wells, future water levels based on projected the total water supply available if— ‘‘(D) costs associated with the design, fi- usage, recreational values, and property val- ‘‘(A) the water for the aquifer storage and nancing, construction, operation, mainte- ues; and recovery project would not be available for nance, and mitigation of projects, with the ‘‘(ii) specific options and measures for use, but instead for the development of the costs of Federal oversight and review to be mitigating the impacts, as appropriate; project; nonreimbursable to the participating prorat- ‘‘(B) the Secretary has made the agree- ‘‘(B) the aquifer storage and recovery able irrigation entities and the Yakima ments and any applicable project designs, project will not otherwise impair any water Project; and operations plans, and other documents avail- supply available for any individual or entity ‘‘(E) responsibilities for the pumping and able for public review and comment in the entitled to use the total water supply avail- operational costs necessary to provide the Federal Register for a period of not less than able; and total water supply available made inacces- 60 days; and ‘‘(C) the development of the aquifer storage sible due to drought pumping during the pre- ‘‘(C) the Secretary has made a determina- and recovery project will not impair fish or ceding 1 or more calendar years, in the event tion, consistent with applicable law, that the other aquatic life in any localized stream that the Kachess Reservoir fails to refill as a agreements and activities to which the reach. result of pumping drought storage water dur- agreements relate— ‘‘(2) PROJECT TYPES.—The Secretary may ing the preceding 1 or more calendar years, ‘‘(i) are in the public interest; and provide technical assistance for, and partici- which shall remain the responsibility of the ‘‘(ii) could be implemented without signifi- pate in, any of the following 3 types of participating proratable irrigation entities. cant adverse impacts to the environment. groundwater recharge projects (including the ‘‘(2) USE OF KACHESS RESERVOIR STORED ‘‘(4) ELECTRICAL POWER ASSOCIATED WITH incorporation of groundwater recharge WATER.— KACHESS DROUGHT RELIEF PUMPING PLANT.— projects into Yakima Project operations, as ‘‘(A) IN GENERAL.—The additional stored ‘‘(A) IN GENERAL.—The Administrator of appropriate): water made available by the construction of the Bonneville Power Administration, pursu- ‘‘(A) Aquifer recharge projects designed to facilities to access and deliver inactive stor- ant to the Pacific Northwest Electric Power redistribute Yakima Project water within a age in Kachess Reservoir under subsection Planning and Conservation Act (16 U.S.C. 839 water year for the purposes of supplementing (a)(2)(A)(ii)(I) shall— et seq.), shall provide to the Secretary stream flow during the irrigation season, ‘‘(i) be considered to be Yakima Project project power to operate the Kachess Pump- particularly during storage control, subject water; ing Plant constructed under this title if in- to the condition that if such a project is de- ‘‘(ii) not be part of the total water supply active storage in Kachess Reservoir is needed signed to supplement a mainstem reach, the available, as that term is defined in various to provide drought relief for irrigation, sub- water supply that results from the project court rulings; and ject to the requirements of subparagraphs shall be credited to instream flow targets, in ‘‘(iii) be used exclusively by the Sec- (B) and (C). lieu of using the total water supply available retary— ‘‘(B) DETERMINATION.—Power may be pro- to meet those targets. ‘‘(I) to enhance the water supply in years vided under subparagraph (A) only if— ‘‘(B) Aquifer storage and recovery projects when the total water supply available is not ‘‘(i) there is in effect a drought declaration that are designed, within a given water year sufficient to provide 70 percent of proratable issued by the State of Washington; or over multiple water years— entitlements in order to make that addi- ‘‘(ii) there are conditions that have led to ‘‘(i) to supplement or mitigate for munic- tional water available up to 70 percent of 70 percent or less water delivery to prorat- ipal uses; proratable entitlements to the Kittitas Rec- able irrigation districts, as determined by ‘‘(ii) to supplement municipal supply in a lamation District, the Roza Irrigation Dis- the Secretary; and subsurface aquifer; or

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U.S.C. 485h); or designed to supplement existing irrigation (a) ADDRESSING WATER MANAGEMENT AND ‘‘(B) to carry out activities that have not water supply, or to store water in subsurface POWER COSTS FOR IRRIGATION.—The Klamath otherwise been authorized. aquifers, for use by the Kittitas Reclamation Basin Water Supply Enhancement Act of 2000 ‘‘(c) REDUCING POWER COSTS.— District, the Roza Irrigation District, or any (Public Law 106–498; 114 Stat. 2221) is amend- ‘‘(1) IN GENERAL.—Not later than 180 days other proratable irrigation entity partici- ed— after the date of enactment of the Energy pating in the repayment of the construction, (1) by redesignating sections 4 through 6 as Policy Modernization Act of 2016, the Sec- operation, and maintenance costs of the fa- sections 5 through 7, respectively; and retary, in consultation with interested irri- cilities under this section during years in (2) by inserting after section 3 the fol- gation interests that are eligible for covered which the total water supply available is in- lowing: power use and representative organizations sufficient to provide to those proratable irri- ‘‘SEC. 4. POWER AND WATER MANAGEMENT. of those interests, shall submit to the Com- gation entities all water to which the enti- ‘‘(a) DEFINITIONS.—In this section: mittee on Energy and Natural Resources of ties are entitled, subject to the conditions ‘‘(1) COVERED POWER USE.—The term ‘cov- the Senate and the Committee on Natural that— ered power use’ means a use of power to de- Resources of the House of Representatives a ‘‘(i) the Bureau of Indian Affairs, the velop or manage water for irrigation, wild- report that— Wapato Irrigation Project, and the Yakama life purposes, or drainage on land that is— ‘‘(A) identifies the power cost benchmark; Nation, on an election to participate, may ‘‘(A) associated with the Klamath Project, and also obtain water from aquifer storage to en- including land within a unit of the National ‘‘(B) recommends actions that, in the judg- hance applicable existing irrigation water Wildlife Refuge System that receives water ment of the Secretary, are necessary and ap- supply in accordance with such terms and due to the operation of Klamath Project fa- propriate to ensure that the net delivered conditions to which the Bureau of Indian Af- cilities; or power cost for covered power use is equal to fairs and the Yakama Nation may agree; and ‘‘(B) irrigated by the class of users covered or less than the power cost benchmark, in- ‘‘(ii) nothing in this subparagraph affects by the agreement dated April 30, 1956, be- cluding a description of— (as in existence on the date of enactment of tween the California Oregon Power Company ‘‘(i) actions to immediately reduce power this section) any contract, law (including and Klamath Basin Water Users Protective costs and to have the net delivered power regulations) relating to repayment costs, Association and within the Off Project Area cost for covered power use be equal to or less water right, or Yakama Nation treaty right. (as defined in the Upper Basin Comprehen- than the power cost benchmark in the near ‘‘(d) FEDERAL COST-SHARE.— sive Agreement entered into on April 18, term, while longer-term actions are being ‘‘(1) IN GENERAL.—The Federal cost-share 2014), only if each applicable owner and hold- implemented; of a project carried out under this section ‘‘(ii) actions that prioritize water and shall be determined in accordance with the er of a possessory interest of the land is a party to that agreement (or a successor power conservation and efficiency measures applicable laws (including regulations) and and, to the extent actions involving the de- policies of the Bureau of Reclamation. agreement that the Secretary determines provides a comparable benefit to the United velopment or acquisition of power genera- ‘‘(2) INITIAL PHASE.—The Federal cost-share States). tion are included, renewable energy tech- for the initial development phase of the Inte- nologies (including hydropower); grated Plan shall not exceed 50 percent of ‘‘(2) KLAMATH PROJECT.— ‘‘(A) IN GENERAL.—The term ‘Klamath ‘‘(iii) the potential costs and timeline for the total cost of the initial development the actions recommended under this sub- phase. Project’ means the Bureau of Reclamation project in the States of California and Or- paragraph; ‘‘(3) STATE AND OTHER CONTRIBUTIONS.—The egon. ‘‘(iv) provisions for modifying the actions Secretary may accept as part of the non-Fed- and timeline to adapt to new information or eral cost-share of a project carried out under ‘‘(B) INCLUSIONS.—The term ‘Klamath Project’ includes any dams, canals, and circumstances; and this section, and expend as if appropriated, ‘‘(v) a description of public input regarding any contribution (including in-kind services) other works and interests for water diver- sion, storage, delivery, and drainage, flood the proposed actions, including input from by the State of Washington or any other in- water users that have covered power use and dividual or entity that the Secretary deter- control, and similar functions that are part of the project described in subparagraph (A). the degree to which those water users concur mines will enhance the conduct and comple- with the recommendations. tion of the project. ‘‘(3) POWER COST BENCHMARK.—The term ‘power cost benchmark’ means the average ‘‘(2) IMPLEMENTATION.—Not later than 180 ‘‘(4) LIMITATION ON USE OF OTHER FEDERAL net delivered cost of power for irrigation and days after the date of submission of the re- FUNDS.—Except as otherwise provided in this drainage at Reclamation projects in the area port under paragraph (1), the Secretary shall title, other Federal funds may not be used to implement those recommendations described provide the non-Federal cost-share of a surrounding the Klamath Project that are similarly situated to the Klamath Project, in the report that the Secretary determines project carried out under this section. will ensure that the net delivered power cost ‘‘(e) SAVINGS AND CONTINGENCIES.—Nothing including Reclamation projects that— for covered power use is equal to or less than in this section shall— ‘‘(A) are located in the Pacific Northwest; the power cost benchmark, subject to avail- ‘‘(1) be a new or supplemental benefit for and ability of appropriations, on the fastest prac- purposes of the Reclamation Reform Act of ‘‘(B) receive project-use power. ticable timeline. 1982 (43 U.S.C. 390aa et seq.); ‘‘(b) WATER, ENVIRONMENTAL, AND POWER ‘‘(3) ANNUAL REPORTS.—The Secretary shall ‘‘(2) affect any contract in existence on the ACTIVITIES.— submit to each Committee described in para- date of enactment of the Yakima River ‘‘(1) IN GENERAL.—Pursuant to the reclama- graph (1) annual reports describing progress Basin Water Enhancement Project Phase III tion laws and subject to appropriations and achieved in meeting the requirements of this Act of 2016 that was executed pursuant to the required environmental reviews, the Sec- subsection. reclamation laws; retary may carry out activities, including ‘‘(3) affect any contract or agreement be- entering into an agreement or contract or ‘‘(d) TREATMENT OF POWER PURCHASES.— tween the Bureau of Indian Affairs and the otherwise making financial assistance avail- ‘‘(1) IN GENERAL.—Any purchase of power Bureau of Reclamation; able— by the Secretary under this section shall be ‘‘(4) affect, waive, abrogate, diminish, de- ‘‘(A) to plan, implement, and administer considered to be an authorized sale for pur- fine, or interpret the treaty between the programs to align water supplies and demand poses of section 5(b)(3) of the Pacific North- Yakama Nation and the United States; or for irrigation water users associated with west Electric Power Planning and Conserva- ‘‘(5) constrain the continued authority of the Klamath Project, with a primary empha- tion Act (16 U.S.C. 839c(b)(3)). the Secretary to provide fish passage in the sis on programs developed or endorsed by ‘‘(2) EFFECT.—Nothing in this section au- Yakima Basin in accordance with the Hoover local entities comprised of representatives of thorizes the Bonneville Power Administra- Power Plant Act of 1984 (43 U.S.C 619 et seq.). those water users; tion to make a sale of power from the Fed- ‘‘(B) to plan and implement activities and eral Columbia River Power System at rates, ‘‘SEC. 1214. OPERATIONAL CONTROL OF WATER SUPPLIES. projects that— terms, or conditions better than those af- ‘‘The Secretary shall retain authority and ‘‘(i) avoid or mitigate environmental ef- forded preference customers of the Bonne- discretion over the management of project fects of irrigation activities; or ville Power Administration. supplies to optimize operational use and ‘‘(ii) restore habitats in the Klamath Basin ‘‘(e) GOALS.—The goals of activities under flexibility to ensure compliance with all ap- watershed, including restoring tribal fishery subsections (b) and (c) shall include, as appli- plicable Federal and State laws, treaty resources held in trust; and cable— rights of the Yakama Nation, and legal obli- ‘‘(C) to limit the net delivered cost of ‘‘(1) the short-term and long-term reduc- gations, including those contained in this power for covered power uses. tion and resolution of conflicts relating to Act. That authority and discretion includes ‘‘(2) EFFECT.—Nothing in subparagraph (A) water in the Klamath Basin watershed; and the ability of the United States to store, de- or (B) of paragraph (1) authorizes the Sec- ‘‘(2) compatibility and utility for pro- liver, conserve, and reuse water supplies de- retary— tecting natural resources throughout the riving from projects authorized under this ‘‘(A) to develop or construct new facilities Klamath Basin watershed, including the pro- title.’’. for the Klamath Project without appropriate tection, preservation, and restoration of

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Klamath River tribal fishery resources, par- PART IV—RESERVOIR OPERATION (d) PILOT PROJECTS.— ticularly through collaboratively developed IMPROVEMENT (1) IN GENERAL.—Not later than 1 year after agreements. SEC. 6331. RESERVOIR OPERATION IMPROVE- the date of identification of projects under MENT. subsection (c), if any, the Secretary shall ‘‘(f) PUMPING PLANT D.—The Secretary (a) DEFINITIONS.—In this section: carry out not fewer than 15 pilot projects, may enter into 1 or more agreements with (1) RESERVED WORKS.—The term ‘‘reserved which shall include not less than 6 non-Fed- the Tulelake Irrigation District to reimburse works’’ means any Bureau of Reclamation eral projects, to implement revisions of the Tulelake Irrigation District for not more project facility at which the Secretary of the water operations manuals, including flood than 69 percent of the cost incurred by the Interior carries out the operation and main- control rule curves, based on the best avail- Tulelake Irrigation District for the oper- tenance of the project facility. able science, which may include— ation and maintenance of Pumping Plant D, (2) SECRETARY.—The term ‘‘Secretary’’ (A) forecast-informed operations; on the condition that the cost benefits the means the Secretary of the Army. (B) new watershed data; and United States.’’. (3) TRANSFERRED WORKS.—The term ‘‘trans- (C) if applicable, in the case of non-Federal ferred works’’ means a Bureau of Reclama- projects, structural improvements. (b) CONVEYANCE OF NON-PROJECT WATER; tion project facility, the operation and main- (2) CONSULTATION.—In implementing a REPLACEMENT OF C CANAL.— tenance of which is carried out by a non-Fed- pilot project under this subsection, the Sec- (1) DEFINITION OF KLAMATH PROJECT.—In eral entity, under the provisions of a formal retary shall consult with all affected inter- this subsection: operation and maintenance transfer con- ests, including— (A) IN GENERAL.—The term ‘‘Klamath tract. (A) non-Federal entities responsible for op- Project’’ means the Bureau of Reclamation (4) TRANSFERRED WORKS OPERATING ENTI- erations and maintenance costs of a Federal project in the States of California and Or- TY.—The term ‘‘transferred works operating facility; egon. entity’’ means the organization that is con- (B) individuals and entities with storage (B) INCLUSIONS.—The term ‘‘Klamath tractually responsible for operation and entitlements; and Project’’ includes any dams, canals, and maintenance of transferred works. (C) local agencies with flood control re- other works and interests for water diver- (b) REPORT.—Not later than 360 days after sponsibilities downstream of a facility. sion, storage, delivery, and drainage, flood the date of enactment of this Act, the Sec- (e) COORDINATION WITH NON-FEDERAL PROJECT ENTITIES.—If a project identified control, and similar functions that are part retary shall submit to the Committees on under subsection (c) is— of the project described in subparagraph (A). Appropriations of the Senate and the House (1) a non-Federal project, the Secretary, (2) CONVEYANCE OF NON-PROJECT WATER.— of Representatives, the Committee on Envi- prior to carrying out an activity under this (A) IN GENERAL.—An entity operating ronment and Public Works of the Senate, and the Committee on Transportation and section, shall— under a contract entered into with the (A) consult with the non-Federal project United States for the operation and mainte- Infrastructure of the House of Representa- tives a report including, for any State in owner; and nance of Klamath Project works or facilities, which a county designated by the Secretary (B) enter into a cooperative agreement, and an entity operating any work or facility of Agriculture as a drought disaster area memorandum of understanding, or other not owned by the United States that receives during water year 2015 is located, a list of agreement with the non-Federal project Klamath Project water, may use any of the projects, including Corps of Engineers owner describing the scope and goals of the Klamath Project works or facilities to con- projects, and those non-Federal projects and activity and the coordination among the par- vey non-Klamath Project water for any au- transferred works that are operated for flood ties; and thorized purpose of the Klamath Project, control in accordance with rules prescribed (2) a Federal project, the Secretary, prior subject to subparagraphs (B) and (C). by the Secretary pursuant to section 7 of the to carrying out an activity under this sec- (B) PERMITS; MEASUREMENT.—An addition, Act of December 22, 1944 (commonly known tion, shall— conveyance, and use of water pursuant to as the ‘‘Flood Control Act of 1944’’) (58 Stat. (A) consult with each Federal and non-Fed- subparagraph (A) shall be subject to the re- 890, chapter 665), including, as applicable— eral entity (including a municipal water dis- quirements that— (1) the year the original water control trict, irrigation district, joint powers au- (i) the applicable entity shall secure all manual was approved; thority, transferred works operating entity, permits required under State or local laws; (2) the year for any subsequent revisions to or other local governmental entity) that cur- and the water control plan and manual of the rently— (ii) all water delivered into, or taken out project; (i) manages (in whole or in part) a Federal of, a Klamath Project facility pursuant to (3) a list of projects for which— dam or reservoir; or that subparagraph shall be measured. (A) operational deviations for drought con- (ii) is responsible for operations and main- (C) EFFECT.—A use of non-Klamath Project tingency have been requested; tenance costs; and water under this paragraph shall not— (B) the status of the request; and (B) enter into a cooperative agreement, (i) adversely affect the delivery of water to (C) a description of how water conservation memorandum of understanding, or other any water user or land served by the Klam- and water quality improvements were ad- agreement with each such entity describing ath Project; or dressed; and the scope and goals of the activity and the (ii) result in any additional cost to the (4) a list of projects for which permanent coordination among the parties. United States. or seasonal changes to storage allocations (f) CONSIDERATION.—In designing and im- (3) REPLACEMENT OF C CANAL FLUME.—The have been requested, and the status of the plementing a forecast-informed reservoir op- replacement of the C Canal flume within the request. erations plan under subsection (d) or (g), the Klamath Project shall be considered to be, (c) PROJECT IDENTIFICATION.—Not later Secretary may consult with the appropriate and shall receive the treatment authorized than 60 days after the date of completion of agencies within the Department of the Inte- for, emergency extraordinary operation and the report under subsection (b), the Sec- rior and the Department of Commerce with maintenance work in accordance with Fed- retary shall identify any projects described expertise in atmospheric, meteorological, eral reclamation law (the Act of June 17, 1902 in the report— and hydrologic science to consider— (32 Stat. 388, chapter 1093), and Acts supple- (1) for which the modification of the water (1) the relationship between ocean and at- mental to and amendatory of that Act (43 operations manuals, including flood control mospheric conditions, including— ˜ ˜ U.S.C. 371 et seq.)). rule curve, would be likely to enhance exist- (A) the El Nino and La Nina cycles; and ing authorized project purposes, including (B) the potential for above-normal, nor- (c) ADMINISTRATION.— for water supply benefits and flood control mal, and below-normal rainfall for the com- (1) COMPLIANCE.—In implementing this sec- operations; ing water year, including consideration of tion and the amendments made by this sec- (2) for which the water control manual and atmospheric river forecasts; tion, the Secretary of the Interior shall com- hydrometeorological information estab- (2) the precipitation and runoff index spe- ply with— lishing the flood control rule curves of the cific to the basin and watershed of the rel- (A) the National Environmental Policy Act project have not been substantially revised evant dam or reservoir, including incor- of 1969 (42 U.S.C. 4321 et seq.); during the 15-year period ending on the date porating knowledge of hydrological and me- (B) the Endangered Species Act of 1973 (16 of review by the Secretary; and teorological conditions that influence the U.S.C. 1531 et seq.); and (3) for which the non-Federal sponsor or timing and quantity of runoff; (C) all other applicable laws. sponsors of a Corps of Engineers project, the (3) improved hydrologic forecasting for (2) EFFECT.—Nothing in this section— owner of a non-Federal project, or the non- precipitation, snowpack, and soil moisture (A) modifies the authorities or obligations Federal transferred works operating entity, conditions; of the United States with respect to the trib- as applicable, has submitted to the Secretary (4) an adjustment of operational flood con- al trust and treaty obligations of the United a written request to revise water operations trol rule curves to optimize water supply States; or manuals, including flood control rule curves, storage and reliability, hydropower produc- (B) creates or determines water rights or based on the use of improved weather fore- tion, environmental benefits for flows and affects water rights or water right claims in casting or run-off forecasting methods, new temperature, and other authorized project existence on the date of enactment of this watershed data, changes to project oper- benefits, without a reduction in flood safety; Act. ations, or structural improvements. and

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(5) proactive management in response to (2) UPPER HIDDEN BASIN DIVERSION EXPAN- the ‘‘Commission’’) project numbered 12642, changes in forecasts. SION.—The term ‘‘Upper Hidden Basin Diver- the Commission may, at the request of the (g) FUNDING.—The Secretary may accept sion Expansion’’ means the expansion of the licensee for the project, and after reasonable and expend amounts from non-Federal enti- Terror Lake Hydroelectric Project as gen- notice, in accordance with the good faith, ties and other Federal agencies to fund all or erally described in Exhibit E to the Upper due diligence, and public interest require- a portion of the cost of carrying out a review Hidden Basin Grant Application dated July ments of that section and the procedures of or revision of operational documents, includ- 2, 2014 and submitted to the Alaska Energy the Commission under that section, extend ing water control plans, water control manu- Authority Renewable Energy Fund Round the time period during which the licensee is als, water control diagrams, release sched- VIII by Kodiak Electric Association, Inc. required to commence the construction of ules, rule curves, operational agreements (b) AUTHORIZATION.—The licensee for the the project for up to 3 consecutive 2-year pe- with non-Federal entities, and any associ- Terror Lake Hydroelectric Project may oc- riods from the date of the expiration of the ated environmental documentation for— cupy not more than 20 acres of Federal land extension originally issued by the Commis- (1) a Corps of Engineers project; to construct, operate, and maintain the sion. (2) a non-Federal project regulated for Upper Hidden Basin Diversion Expansion (b) REINSTATEMENT OF EXPIRED LICENSE.— flood control by the Secretary; or without further authorization of the Sec- If the period required for commencement of (3) a Bureau of Reclamation transferred retary of the Interior or under the Alaska construction of the project described in sub- works regulated for flood control by the Sec- National Interest Lands Conservation Act (16 section (a) has expired prior to the date of retary. U.S.C. 3101 et seq.). enactment of this Act— (h) EFFECT.— (c) SAVINGS CLAUSE.—The Upper Hidden (1) the Commission shall reinstate the li- (1) MANUAL REVISIONS.—A revision of a Basin Diversion Expansion shall be subject cense effective as of the date of the expira- manual shall not interfere with the author- to appropriate terms and conditions included tion of the license; and ized purposes of a Federal project or the ex- in an amendment to a license issued by the (2) the first extension authorized under isting purposes of a non-Federal project reg- Federal Energy Regulatory Commission pur- subsection (a) shall take effect on that expi- ulated for flood control by the Secretary. suant to the Federal Power Act (16 U.S.C. ration date. (2) EFFECT OF SECTION.— 791a et seq.), including section 4(e) of that SEC. 6344. EXTENSION OF DEADLINE FOR CER- (A) Nothing in this section authorizes the Act (16 U.S.C. 797(e)), following an environ- TAIN OTHER HYDROELECTRIC Secretary to carry out, at a Federal dam or mental review by the Commission under the PROJECTS. reservoir, any project or activity for a pur- National Environmental Policy Act of 1969 (a) IN GENERAL.—Notwithstanding the time pose not otherwise authorized as of the date (42 U.S.C. 4321 et seq.). period specified in section 13 of the Federal of enactment of this Act. SEC. 6342. STAY AND REINSTATEMENT OF FERC Power Act (16 U.S.C. 806) that would other- (B) Nothing in this section affects or modi- LICENSE NO. 11393 FOR THE wise apply to the Federal Energy Regulatory fies any obligation of the Secretary under MAHONEY LAKE HYDROELECTRIC Commission (referred to in this section as State law. PROJECT. the ‘‘Commission’’) projects numbered 12737 (C) Nothing in this section affects or modi- (a) DEFINITIONS.—In this section: and 12740, the Commission may, at the re- fies any obligation to comply with any appli- (1) COMMISSION.—The term ‘‘Commission’’ quest of the licensee for the applicable cable Federal law. means the Federal Energy Regulatory Com- project, and after reasonable notice, in ac- (3) BUREAU OF RECLAMATION RESERVED mission. cordance with the good faith, due diligence, WORKS EXCLUDED.—This section— (2) LICENSE.—The term ‘‘license’’ means and public interest requirements of that sec- (A) shall not apply to any dam or reservoir the license for Commission project number tion and the procedures of the Commission operated by the Bureau of Reclamation as a 11393. under that section, extend the time period reserved work, unless all non-Federal project (3) LICENSEE.—The term ‘‘licensee’’ means during which the licensee is required to com- sponsors of a reserved work jointly provide the holder of the license. mence the construction of the applicable to the Secretary a written request for appli- (b) STAY OF LICENSE.—On the request of project for up to 3 consecutive 2-year periods cation of this section to the project; and the licensee, the Commission shall issue an from the date of the expiration of the exten- (B) shall apply only to Bureau of Reclama- order continuing the stay of the license. sion originally issued by the Commission. tion transferred works at the written request (c) LIFTING OF STAY.—On the request of the (b) REINSTATEMENT OF EXPIRED LICENSE.— of the transferred works operating entity. licensee, but not later than 10 years after the If the period required for commencement of (4) PRIOR STUDIES.—The Secretary shall— date of enactment of this Act, the Commis- construction of a project described in sub- (A) to the maximum extent practicable, sion shall— section (a) has expired prior to the date of coordinate the efforts of the Secretary in (1) issue an order lifting the stay of the li- enactment of this Act— carrying out subsections (b), (c), and (d) with cense under subsection (b); and (1) the Commission may reinstate the li- the efforts of the Secretary in completing— (2) make the effective date of the license cense for the applicable project effective as (i) the report required under section the date on which the stay is lifted under of the date of the expiration of the license; 1046(a)(2)(A) of the Water Resources Reform paragraph (1). and and Development Act of 2014 (33 U.S.C. 2319 (d) EXTENSION OF LICENSE.—On the request (2) the first extension authorized under note; Public Law 113–121); and of the licensee and notwithstanding the time subsection (a) shall take effect on that expi- (ii) the updated report required under sub- period specified in section 13 of the Federal ration. section (a)(2)(B) of that section; and Power Act (16 U.S.C. 806) for commencement SEC. 6345. EQUUS BEDS DIVISION EXTENSION. (B) if the reports are available before the of construction of the project subject to the Section 10(h) of Public Law 86–787 (74 Stat. date on which the Secretary carries out the license, the Commission shall, after reason- 1026; 120 Stat. 1474) is amended by striking actions described in subsections (b), (c), and able notice and in accordance with the good ‘‘10 years’’ and inserting ‘‘20 years’’. (d), consider the findings of the reports de- faith, due diligence, and public interest re- SEC. 6346. EXTENSION OF TIME FOR A FEDERAL scribed in clauses (i) and (ii) of subparagraph quirements of that section, extend the time ENERGY REGULATORY COMMISSION (A). period during which the licensee is required PROJECT INVOLVING (i) MODIFICATIONS TO MANUALS AND to commence the construction of the project CANNONSVILLE DAM. CURVES.—Not later than 180 days after the for not more than 3 consecutive 2-year peri- (a) IN GENERAL.—Notwithstanding the time date of completion of a modification to an ods, notwithstanding any other provision of period specified in section 13 of the Federal operations manual or flood control rule law. Power Act (16 U.S.C. 806) that would other- curve, the Secretary shall submit to the (e) EFFECT.—Nothing in this section wise apply to the Federal Energy Regulatory Committee on Environment and Public prioritizes, or creates any advantage or dis- Commission project numbered 13287, the Fed- Works of the Senate and the Committee on advantage to, Commission project number eral Energy Regulatory Commission (re- Transportation and Infrastructure of the 11393 under Federal law, including the Fed- ferred to in this section as the ‘‘Commis- House of Representatives a report regarding eral Power Act (16 U.S.C. 791a et seq.) or the sion’’) may, at the request of the licensee for the components of the forecast-based res- Public Utility Regulatory Policies Act of the project, and after reasonable notice, in ervoir operations plan incorporated into the 1978 (16 U.S.C. 2601 et seq.), as compared to— accordance with the good faith, due dili- change. (1) any electric generating facility in exist- gence, and public interest requirements of PART V—HYDROELECTRIC PROJECTS ence on the date of enactment of this Act; or that section and the procedures of the Com- SEC. 6341. TERROR LAKE HYDROELECTRIC (2) any electric generating facility that mission under that section, extend the time PROJECT UPPER HIDDEN BASIN DI- may be examined, proposed, or developed period during which the licensee is required VERSION AUTHORIZATION. during the period of any stay or extension of to commence construction of the project for (a) DEFINITIONS.—In this section: the license under this section. up to 4 consecutive 2-year periods after the (1) TERROR LAKE HYDROELECTRIC PROJECT.— SEC. 6343. EXTENSION OF DEADLINE FOR HYDRO- required date of the commencement of con- The term ‘‘Terror Lake Hydroelectric ELECTRIC PROJECT. struction described in Article 301 of the li- Project’’ means the project identified in sec- (a) IN GENERAL.—Notwithstanding the time cense. tion 1325 of the Alaska National Interest period specified in section 13 of the Federal (b) REINSTATEMENT OF EXPIRED LICENSE.— Lands Conservation Act (16 U.S.C. 3212), and Power Act (16 U.S.C. 806) that would other- (1) IN GENERAL.—If the required date of the which is Federal Energy Regulatory Com- wise apply to the Federal Energy Regulatory commencement of construction described in mission project number 2743. Commission (referred to in this section as subsection (a) has expired prior to the date

VerDate Sep 11 2014 03:56 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.043 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2187 of enactment of this Act, the Commission ima River Basin bill, which is an inte- Stabenow Toomey Whitehouse may reinstate the license effective as of that grated approach to addressing water Sullivan Udall Wicker date of expiration. Tester Vitter Wyden management needs for farmers, fami- Thune Warner (2) EXTENSION.—If the Commission rein- lies, and fish. It will help restore the Tillis Warren states the license under paragraph (1), the first extension authorized under subsection ecosystem, ensure that communities NOT VOTING—3 (a) shall take effect on the date of that expi- have access to water, and conserve and Cruz Perdue Sanders provide water for farmers in times of ration. The PRESIDING OFFICER. Under drought. It is not only important to PART VI—PUMPED STORAGE the previous order requiring 60 votes the future of our State, it is also a HYDROPOWER COMPENSATION for the adoption of this amendment, model for how water management SEC. 6351. PUMPED STORAGE HYDROPOWER the amendment is agreed to. COMPENSATION. should be done in the 21st century. AMENDMENT NO. 3202 Not later than 180 days after the date of This legislation also includes water The PRESIDING OFFICER. There enactment of this Act, the Federal Energy provisions for Senators FEINSTEIN, will now be 2 minutes of debate, equal- Regulatory Commission shall initiate a pro- FLAKE, MERKLEY, and WYDEN, as the ceeding to identify and determine the mar- ly divided, prior to a vote on amend- chairwoman said, MURKOWSKI herself, ment No. 3202, offered by the Senator ket, procurement, and cost recovery mecha- and several of our other colleagues— nisms that would— from Georgia, Mr. ISAKSON. (1) encourage development of pumped stor- MERKLEY, BURR, GILLIBRAND, and The Senator from Georgia. age hydropower assets; and KAINE. Mr. ISAKSON. Madam President, I (2) properly compensate those assets for Support this legislation. just want all Members of the Senate to the full range of services provided to the Ms. MURKOWSKI. Mr. President, I consider this amendment favorably. power grid, including— ask unanimous consent that the votes It is an amendment that allows for (A) balancing electricity supply and de- following the first vote in this series be consideration, in the qualification of mand; 10 minutes in length. the underwriting of a loan for the pur- (B) ensuring grid reliability; and (C) cost-effectively integrating intermit- The PRESIDING OFFICER. Without chase of a single-family dwelling, of tent power sources into the grid. objection, it is so ordered. those enhanced standards for energy ef- Ms. MURKOWSKI. If there is no fur- ficiency to go in over and above the Ms. MURKOWSKI. Mr. President, I ther debate, I ask for the yeas and nays minimum standard. It is permissive, now ask unanimous consent that there on amendment No. 3234. and it is FHA only. be 2 minutes of debate equally divided The PRESIDING OFFICER. Is all I appreciate every Member’s vote. prior to each vote in this series. time yielded back? I yield back. The PRESIDING OFFICER. Without Ms. MURKOWSKI. Yes, all time on The PRESIDING OFFICER. The Sen- objection, it is so ordered. the Republican side. ator from Alabama. Ms. MURKOWSKI. Thank you, Mr. The PRESIDING OFFICER. Without Mr. SHELBY. Madam President, this President. objection, all time is yielded back. amendment offered by my friend from The amendment I have called up is Is there a sufficient second? Georgia sounds good, but let’s examine an amendment Senator CANTWELL and There appears to be a sufficient sec- it for a little while. I have been working on. It is what we This amendment is opposed by the ond. are dubbing our ‘‘Natural Resources’’ scholars of the Heritage Foundation, title. There are 30 different provi- The question is on agreeing to the the Cato Institute, the American Ac- sions—15 from the Republican side, 15 amendment, as modified. tion Forum, the American Enterprise from the Democratic side. Nearly all of The clerk will call the roll. Institute, and the Competitive Enter- them have been reported from the com- The bill clerk called the roll. prise Institute. mittee. They have strong bipartisan Mr. CORNYN. The following Senators As we all know, the mortgage under- support. It is a balanced collection of are necessarily absent: the Senator writing process is about evaluating a land and water bills. from Texas (Mr. CRUZ) and the Senator borrower’s ability to afford a mort- We have included the sportsmen’s from Georgia (Mr. PERDUE). gage, and history tells us that if we bill, which we have heard talk of here Mr. DURBIN. I announce that the play around with it, it does not end on the floor, as it was reported from Senator from Vermont (Mr. SANDERS) well when we forget this. the committee with some additional is necessarily absent. This amendment would weaken provisions that came out of the Envi- The PRESIDING OFFICER (Ms. FHA’s underwriting standards, leading ronment and Public Works Committee. AYOTTE). Are there any other Senators to greater safety and perhaps sound- It includes our open and less closed in the Chamber desiring to vote? ness concerns for FHA’s portfolio, provisions to make sure our public The result was announced—yeas 97, which received a $1.7 billion bailout in lands and our national forests are ac- nays 0, as follows: 2013. It would require that appraisals cessible for hunting, fishing, and rec- [Rollcall Vote No. 48 Leg.] be inflated to account for the value of reational shooting. We have included YEAS—97 energy efficiency upgrades as deter- several land transactions involving the Alexander Durbin Markey mined by HUD. land management agencies, including Ayotte Enzi McCain The PRESIDING OFFICER. The Sen- some conveyances to correct Federal Baldwin Ernst McCaskill ator’s time has expired. Barrasso Feinstein McConnell Mr. SHELBY. I ask unanimous con- survey errors and to adjust boundaries. Bennet Fischer Menendez sent for 1 additional minute. We have provisions to get more renew- Blumenthal Flake Merkley The PRESIDING OFFICER. Without able hydropower online and keep exist- Blunt Franken Mikulski Booker Gardner Moran objection, it is so ordered. ing projects operating in at least five Boozman Gillibrand Murkowski Mr. SHELBY. It would also project different States. We also protect some Boxer Graham Murphy energy savings and inflated borrowers’ treasured landscapes and rivers. We re- Brown Grassley Murray Burr Hatch Nelson income for debt-to-income valuation. route a national scenic trail, and we Cantwell Heinrich Paul I think it would be dangerous for authorize the National Park Service to Capito Heitkamp Peters FHA loans. We don’t need it. FHA al- study three sites to determine their na- Cardin Heller Portman ready has an FHA energy-efficient pro- tional significance. So, again, it is a Carper Hirono Reed Casey Hoeven Reid gram, and according to HUD, FHA’s en- broad package, a package that is bal- Cassidy Inhofe Risch ergy-efficient program helps families anced, and a package that continues to Coats Isakson Roberts save money on their utility bills by en- add to the good in the overall Energy Cochran Johnson Rounds abling them to finance energy-efficient Collins Kaine Rubio bill. Coons King Sasse improvements with their FHA insur- The PRESIDING OFFICER. The Sen- Corker Kirk Schatz ance mortgage. ator from Washington. Cornyn Klobuchar Schumer The PRESIDING OFFICER. The Sen- Ms. CANTWELL. Mr. President, if I Cotton Lankford Scott Crapo Leahy Sessions ator from Georgia has 30 seconds. may add to my colleague’s comments, Daines Lee Shaheen Mr. ISAKSON. Madam President, I this underlying bill supports the Yak- Donnelly Manchin Shelby don’t know who wrote what my friend

VerDate Sep 11 2014 06:12 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.043 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2188 CONGRESSIONAL RECORD — SENATE April 19, 2016 from Alabama is reading, but the truth AMENDMENT NO. 3175, AS MODIFIED, TO States Fish and Wildlife Service, the North and the fact is that this is a rec- AMENDMENT NO. 2953 Carolina Department of Environment and ommendation that allows the installa- The PRESIDING OFFICER. There Natural Resources, Currituck County, North tion of more energy efficiency and the will now be 2 minutes of debate, equal- Carolina, and the Corolla Wild Horse Fund. ly divided, prior to a vote on amend- (b) AGREEMENT.— funding of that in terms of housing. (1) IN GENERAL.—The Secretary may enter Homebuilders have endorsed it. Most ment No. 3175, to be offered by the Sen- into an agreement with the Corolla Wild energy efficiency organizations have ator from North Carolina, Mr. BURR. Horse Fund to provide for the cost-effective endorsed it. It is good practice. It is The Senator from North Carolina. management of the horses in and around the good procedure. It is not ruining under- Mr. BURR. Madam President, I rise Currituck National Wildlife Refuge while en- writing in any way whatsoever. It is to speak on my amendment very brief- suring that natural resources within the good for America. It is good for energy ly. Many of my colleagues may have Currituck National Wildlife Refuge are not adversely impacted. efficiency. It is good for the housing in- seen these wild horses on a vacation to the Outer Banks or maybe you viewed (2) REQUIREMENTS.—The agreement entered dustry. into under paragraph (1) shall specify that I would appreciate the vote of each the movie ‘‘Nights in Rodanthe.’’ These horses have been there for over 200 the Corolla Wild Horse Fund shall pay the and every Member. costs associated with— years. What we are doing is we are in- I yield back. (A) coordinating and conducting a periodic jecting some new genetics so this herd The PRESIDING OFFICER. The census, and inspecting the health, of the is sustainable for another 200 years. question is on agreeing to the amend- horses; Let me tell my colleagues that they (B) maintaining records of the horses liv- ment. have never been managed by the Fish & ing in the wild and in confinement; Ms. MURKOWSKI. I ask for the yeas Wildlife Service. The Fish & Wildlife (C) coordinating and conducting the re- and nays. Service doesn’t want to manage them. moval and placement of horses and moni- The PRESIDING OFFICER. Is there a They are managed by a private non- toring of any horses removed from the sufficient second? profit that goes to great lengths and Currituck County Outer Banks; and There appears to be a sufficient sec- (D) administering a viable population con- expense to make sure that this herd trol plan for the horses, including auctions, ond. survives. adoptions, contraceptive fertility methods, The clerk will call the roll. With that, I yield the floor. I reserve and other viable options. The senior assistant legislative clerk the remainder of my time. The PRESIDING OFFICER. The Sen- called the roll. The PRESIDING OFFICER. The Sen- ator from Washington. Mr. CORNYN. The following Senators ator from Alaska. Ms. CANTWELL. The original Burr Ms. MURKOWSKI. Madam President, are necessarily absent: the Senator amendment did have a lot of discussion is all time yielded back? from Texas (Mr. CRUZ) and the Senator and passion on both sides, but the Sen- The PRESIDING OFFICER. There is from Georgia (Mr. PERDUE). ators were able to come together this a minute left in opposition and 12 sec- Mr. DURBIN. I announce that the afternoon to resolve their differences onds remaining to the Senator from Senator from Vermont (Mr. SANDERS) over this issue and craft a reasonable is necessarily absent. North Carolina. Ms. MURKOWSKI. Madam President, compromise that is acceptable to both The PRESIDING OFFICER. Are there if there is no further discussion on this sides. I want to thank Senator BURR, any other Senators in the Chamber de- amendment, I call up the Burr amend- Senator TILLIS, and Senator BOXER for siring to vote? ment No. 3175 and ask unanimous con- their willingness to find a solution that The result was announced—yeas 66, sent that it be modified with the we can support. So I urge all my col- nays 31, as follows: changes at the desk. leagues to support the Burr amend- [Rollcall Vote No. 49 Leg.] The PRESIDING OFFICER. Without ment, as modified. YEAS—66 objection, it is so ordered. Ms. MURKOWSKI. Madam President, I ask unanimous consent that the 60- Alexander Feinstein Mikulski The clerk will report the amendment, Ayotte Franken Murkowski as modified, by number. vote affirmative threshold with respect Baldwin Gillibrand Murphy The legislative clerk read as follows: to the Burr amendment be vitiated. Bennet Graham Murray The Senator from Alaska [Ms. MUR- The PRESIDING OFFICER. Is there Blumenthal Hatch Nelson Blunt Heinrich Peters KOWSKI], for Mr. BURR, proposes an amend- objection? Booker Heitkamp Portman ment numbered 3175, as modified, to amend- Without objection, it is so ordered. Boxer Heller Reed ment No. 2953. The question is on agreeing to the Brown Hirono Reid The amendment, as modified, is as amendment, as modified. Burr Hoeven Rounds Cantwell Isakson Schatz follows: The amendment (No. 3175), as modi- Capito Johnson Schumer (Purpose: To ensure that the Secretary of fied, was agreed to. Cardin Kaine Shaheen the Interior collaborates fully with State AMENDMENT NO. 3210 Carper King Stabenow and local authorities and certain nonprofit The PRESIDING OFFICER. There Casey Kirk Sullivan entities in managing the Corolla Wild Cassidy Klobuchar Tester will now be 2 minutes, equally divided, Horse population on Federal land) Cochran Leahy Tillis prior to a vote on the Lankford amend- Collins Manchin Udall At the end of subtitle E of title IV, add the ment. Coons Markey Warner following: The Senator from Oklahoma. Cornyn McCaskill Warren SEC. 4lll. WILD HORSES IN AND AROUND THE Donnelly Menendez Whitehouse CURRITUCK NATIONAL WILDLIFE Mr. LANKFORD. Madam President, Durbin Merkley Wyden REFUGE. it is a very straightforward Land and NAYS—31 (a) GENETIC DIVERSITY.—The Secretary of Water Conservation Fund amendment. the Interior (referred to in this section as We have common agreement on the Barrasso Gardner Rubio the ‘‘Secretary’’), in consultation with the Boozman Grassley Sasse Land and Water Conservation Fund— North Carolina Department of Environment Coats Inhofe Scott what it does, what it funds, how it is Corker Lankford Sessions and Natural Resources, Currituck County, funded. Where we have some dispute is Cotton Lee North Carolina, and the Corolla Wild Horse Shelby in whether we are we taking care of the Crapo McCain Thune Fund, shall allow for the introduction of a Daines McConnell Toomey small number of free-roaming wild horses land that we have. We continue to add Enzi Moran Vitter from the Cape Lookout National Seashore as more acres into the Federal inventory, Ernst Paul Wicker necessary to ensure the genetic diversity and Fischer Risch and we are not taking care of them. Flake Roberts viability of the wild horse population cur- The original plan of the Land and rently found in and around the Currituck Water Conservation Fund is that some- NOT VOTING—3 National Wildlife Refuge, consistent with— day, out of general budget, we will do Cruz Perdue Sanders (1) the laws (including regulations) appli- maintenance on this, but let’s keep cable to the Currituck National Wildlife Ref- The PRESIDING OFFICER. Under uge and the Cape Lookout National Sea- adding land. We have all known for the previous order requiring 60 votes shore; and decades that has not worked. For dec- for the adoption of this amendment, (2) the December 2014 Wild Horse Manage- ades we have added more land, and for the amendment is agreed to. ment Agreement approved by the United decades we are not maintaining it.

VerDate Sep 11 2014 06:12 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.055 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2189 The easiest way to identify this [Rollcall No. 50 Leg.] date that is 90 days after the date of submis- amendment is this: This amendment is YEAS—34 sion of a report required under subsection (h).’’. about not only purchasing land but Barrasso Hatch Rounds taking care of the land that we actu- Boozman Heller Rubio Mr. BOOZMAN. Madam President, ally purchased. It splits half and half— Cassidy Hoeven Sasse this amendment provides a simple re- Coats Inhofe Scott port from the Department of Energy on half for the purchase of land and half Corker Johnson Sessions for the maintenance. Cornyn Lankford a specific kind of transmission project. Shelby The amendment will not cause delays My daughter’s birthday is today. She Cotton Lee Sullivan Enzi McConnell Thune or add additional redtape. It provides is 16. She will get a car—an old used Ernst Moran Toomey transparency and ensures that the De- car—at some point. But the require- Fischer Murkowski Vitter partment follows the law. ment for her is to not only help pay for Flake Paul Grassley Roberts This amendment just ensures that the car but to actually have enough in the Department provides information her bank account that she can help NAYS—63 in a timely manner. maintain it and buy gasoline for it. She Alexander Durbin Mikulski has to have a job so she can have in- Ayotte Feinstein Murphy I yield the floor. Baldwin Franken Murray come. The PRESIDING OFFICER. The Sen- Bennet Gardner Nelson ator from New Mexico. Blumenthal Gillibrand Peters We have set aside the Land and Mr. HEINRICH. Madam President, Water Conservation Fund to contin- Blunt Graham Portman Booker Heinrich Reed this amendment is a job killer. It ually get more land but not be able to Boxer Heitkamp Reid blocks a major new 700-mile, maintain it. We wouldn’t do that with Brown Hirono Risch Burr Isakson Schatz multistate electric transmission our children. We wouldn’t do that with project. our homes. But we have done it year Cantwell Kaine Schumer Capito King Shaheen The Plains & Eastern Clean Line will after year with this. Cardin Kirk Stabenow deliver four gigawatts of economical Let’s do something simple. Let’s Carper Klobuchar Tester Casey Leahy Tillis renewable energy to the Southeast. maintain what we actually purchased Cochran Manchin Udall This is $2 billion of nontaxpayer dollars and make sure it comes into strict Collins Markey Warner that will lead to over $6 billion in pri- oversight of the Federal Government. Coons McCain Warren vate investment in new wind genera- We should take care of our Federal Crapo McCaskill Whitehouse Daines Menendez Wicker tion that will produce enough power to treasures that are these national parks Donnelly Merkley Wyden power 1 million homes. and other Federal lands. NOT VOTING—3 During the 3 years of construction, The PRESIDING OFFICER. The Sen- Cruz Perdue Sanders the Clean Line will create 6,000 local ator’s time has expired. construction jobs. Our Nation’s grid is The PRESIDING OFFICER. Under Mr. LANKFORD. With that, I yield the energy of our economy and it needs the previous order requiring 60 votes back. modernization. I urge my colleagues to for the adoption of this amendment, vote no on this job-killing amendment. The PRESIDING OFFICER. The Sen- the amendment is rejected. ator from Washington. The PRESIDING OFFICER. Is there AMENDMENT NO. 3311 TO AMENDMENT NO. 2953 further debate? Ms. CANTWELL. Madam President, There will now be 2 minutes of de- speaking in opposition to the Lankford If not, the question is on agreeing to bate, equally divided, prior to a vote on the amendment. amendment, it would gut the Land and amendment No. 3311, to be offered by Water Conservation Fund. This is a Ms. MURKOWSKI. I ask for the yeas the Senator from Arkansas, Mr. BOOZ- program in which the Senator’s new and nays. MAN. language would produce obstacles to The PRESIDING OFFICER. Is there a The Senator from Arkansas. sufficient second? the Federal government acquiring land Mr. BOOZMAN. Madam President, I There appears to be a sufficient sec- that would cost more than $50,000 per call up my amendment No. 3311. ond. acre, and it would simply add more red- The PRESIDING OFFICER. The The clerk will call the roll. tape by having to pass another law just clerk will report the amendment by for the land acquisition to be pur- number. The senior assistant legislative clerk chased. The senior assistant legislative clerk called the roll. I urge my colleagues to oppose the read as follows: Mr. CORNYN. The following Senators are necessarily absent: the Senator Lankford amendment and keep the The Senator from Arkansas [Mr. BOOZMAN] Land and Water Conservation Fund for proposes an amendment numbered 3311 to from Texas (Mr. CRUZ) and the Senator the purposes that it was designed. amendment No. 2953. from Georgia (Mr. PERDUE). Mr. DURBIN. I announce that the The PRESIDING OFFICER. The The amendment is as follows: Senator from Vermont (Mr. SANDERS) question is on agreeing to the amend- (Purpose: To require a report relating to is necessarily absent. ment. certain transmission infrastructure projects) The PRESIDING OFFICER (Mr. Ms. MURKOWSKI. I ask for the yeas At the end of subtitle D of title II, add the GARDNER). Are there any other Sen- and nays. following: SEC. 23lll. REPORTING REQUIREMENT FOR ators in the Chamber desiring to vote? The PRESIDING OFFICER. Is there a CERTAIN TRANSMISSION INFRA- The result was announced—yeas 42, sufficient second? STRUCTURE PROJECTS. nays 55, as follows: There appears to be a sufficient sec- Section 1222 of the Energy Policy Act of [Rollcall Vote No. 51 Leg.] 2005 (42 U.S.C. 16421) is amended by adding at ond. YEAS—42 The clerk will call the roll. the end the following: ‘‘(h) REPORTING REQUIREMENT.—Before car- Alexander Ernst Portman The legislative clerk called the roll. rying out a Project under subsection (a) or Ayotte Fischer Risch Mr. CORNYN. The following Senators (b), the Secretary shall submit to Congress a Blunt Flake Roberts report that— Boozman Grassley Rounds are necessarily absent: the Senator Burr Hatch Rubio from Texas (Mr. CRUZ) and the Senator ‘‘(1) describes the impact that the proposed Capito Heller Sasse Project would have on electricity rates; from Georgia (Mr. PERDUE). Cassidy Isakson Scott ‘‘(2) demonstrates that the proposed Coats Johnson Sessions Mr. DURBIN. I announce that the Project meets the requirements of para- Cochran Lee Shelby Senator from Vermont (Mr. SANDERS) graphs (1) and (2) of subsection (a) and para- Corker McCain Sullivan is necessarily absent. graphs (1) and (2) of subsection (b); and Cornyn McConnell Thune ‘‘(3) includes a list of utilities that have Cotton Moran Toomey The PRESIDING OFFICER. Are there Crapo Murkowski Vitter entered into contracts for the purchase of any other Senators in the Chamber de- Daines Paul Wicker power from the proposed Project. siring to vote? ‘‘(i) DECISION.—The Secretary may not NAYS—55 The result was announced—yeas 34, issue a decision on whether to carry out a Baldwin Bennet Booker nays 63, as follows: Project under subsection (a) or (b) before the Barrasso Blumenthal Boxer

VerDate Sep 11 2014 04:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.057 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2190 CONGRESSIONAL RECORD — SENATE April 19, 2016 Brown Hirono Nelson [Rollcall Vote No. 52 Leg.] Thank you. Cantwell Hoeven Peters YEAS—50 The PRESIDING OFFICER. The Sen- Cardin Inhofe Reed Carper Kaine Reid Ayotte Gardner Murray ator from Washington. Casey King Schatz Baldwin Gillibrand Nelson Ms. CANTWELL. Mr. President, I Collins Kirk Schumer Bennet Heinrich Peters urge my colleagues to oppose this Coons Klobuchar Blumenthal Heitkamp Shaheen Portman amendment and this vision. Senator Donnelly Lankford Stabenow Booker Hirono Reed Durbin Leahy Boxer Kaine AUL Tester Reid P ’s amendment takes advantage of Enzi Manchin Brown King Tillis Schatz economically distressed communities Feinstein Markey Cantwell Kirk Udall Schumer Franken McCaskill Cardin Klobuchar in our country by saying we will take Shaheen Gardner Menendez Warner Carper Leahy the hedge funds, big banks, rich inves- Stabenow Gillibrand Merkley Warren Casey Markey tors and see their capital gains taxes Whitehouse Tester Graham Mikulski Collins McCaskill completely eliminated. Heinrich Murphy Wyden Coons Menendez Udall Heitkamp Murray Donnelly Merkley Warner The amendment would allow some of Durbin Mikulski Warren the areas in the country with the big- NOT VOTING—3 Feinstein Murkowski Whitehouse gest environmental challenges, the Wyden Cruz Perdue Sanders Franken Murphy most vulnerable communities, to ig- The PRESIDING OFFICER. Under NAYS—47 nore environmental laws like the Clean the previous order requiring 60 votes Alexander Fischer Paul Air Act, the Clean Water Act, ignore for the adoption of this amendment, Barrasso Flake Risch the requirements of National Heritage Blunt Graham Roberts Areas, would lift Davis-Bacon, and it the amendment is rejected. Boozman Grassley Rounds Burr Hatch would scar school districts in these AMENDMENT NO. 3312 Rubio Capito Heller Sasse areas by not allowing public education The PRESIDING OFFICER. There Cassidy Hoeven Scott dollars but allowing them to go to pri- will now be 2 minutes of debate, equal- Coats Inhofe Sessions Cochran Isakson vate schools instead. Shelby ly divided, prior to a vote on amend- Corker Johnson In short, this amendment would turn Sullivan ment No. 3312, offered by the Senator Cornyn Lankford Thune these vulnerable communities into an from New Mexico, Mr. UDALL. Cotton Lee Crapo Manchin Tillis experiment I don’t think we need to The Senator from New Mexico. Daines McCain Toomey have. Mr. UDALL. Thank you, Mr. Presi- Enzi McConnell Vitter I raise a point of order that the pend- dent. Ernst Moran Wicker ing measure violates section 311(a) of This amendment is a very simple NOT VOTING—3 the Congressional Budget Act of 1974. study amendment. It does nothing Cruz Perdue Sanders The PRESIDING OFFICER. The Sen- more than ask for a study. It is pro The PRESIDING OFFICER. Under ator from Kentucky. clean energy; it changes no rules; it the previous order requiring 60 votes Mr. PAUL. Mr. President, pursuant doesn’t mandate anything; it has no for the adoption of this amendment, to section 904 of the Congressional cost; it has no score. It simply directs the amendment is rejected. Budget Act of 1974 and the waiver pro- the Secretary of the Treasury to sub- visions of applicable budget resolu- AMENDMENT NO. 3787 mit a report to Congress on the tions, I move to waive all applicable issuance of clean energy victory bonds. The PRESIDING OFFICER. There sections of that act and applicable will now be 2 minutes of debate, equal- It is supported by a number of budget resolutions for purposes of my ly divided, prior to a vote on amend- groups. Just to mention a few: the amendment, No. 3787, and I ask for the ment No. 3787, offered by the Senator American Sustainable Business Coun- yeas and nays. from Kentucky, Mr. PAUL. cil, the Evangelical Environmental The PRESIDING OFFICER. Is there a The Senator from Kentucky. Network, the League of Conservation sufficient second? Mr. PAUL. Mr. President, Jack Kemp Voters, the Union of Concerned Sci- There appears to be a sufficient sec- and others who have looked at and ex- entists, and a number of others. ond. amined the issue of poverty have often The question is on agreeing to the I urge my colleagues to support it, found that we have not done a great and I yield back. motion to waive. job alleviating poverty. We have tried The clerk will call the roll. The PRESIDING OFFICER. Who government programs. In my State, we yields time? The senior assistant legislative clerk tried them in rural Appalachia for 40 called the roll. Ms. MURKOWSKI. We yield all time years. Yet we still have persistent pov- back. Mr. CORNYN. The following Senators erty. are necessarily absent: the Senator The PRESIDING OFFICER. Without Many of us believe we would have a from Texas (Mr. CRUZ) and the Senator objection, all time is yielded back. better chance with poverty if we would from Georgia (Mr. PERDUE). The question is on agreeing to the lower taxes in these areas, lessen regu- Mr. DURBIN. I announce that the lation, and instead of sending the amendment. Senator from Vermont (Mr. SANDERS) Ms. MURKOWSKI. I ask for the yeas money to Washington, leave it where is necessarily absent. and nays. the poverty is. My amendment alone The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Is there a would leave half a billion dollars in any other Senators in the Chamber de- sufficient second? Eastern Kentucky, $200 million in Lou- siring to vote? There appears to be a sufficient sec- isville. The yeas and nays resulted—yeas 33, We have had much discussion of ond. nays 64, as follows: Flint, MI, and the water problem there. The clerk will call the roll. My amendment would leave $124 mil- [Rollcall Vote No. 53 Leg.] The legislative clerk called the roll. lion in Flint, MI, next week. My YEAS—33 Mr. CORNYN. The following Senators amendment would leave over $1 billion Blunt Flake Moran are necessarily absent: the Senator in Detroit. Boozman Gardner Paul from Texas (Mr. CRUZ) and the Senator Capito Graham Risch If there are those in this body who Cassidy Grassley Rubio from Georgia (Mr. PERDUE). can come together and say we have a Coats Hatch Sasse Mr. DURBIN. I announce that the unified presence and a unified ability Cornyn Heller Scott Senator from Vermont (Mr. SANDERS) Cotton Hoeven Shelby and desire to combat poverty, this is Crapo Johnson Sullivan is necessarily absent. the amendment to do it. It is called Daines Kirk Toomey THE PRESIDING OFFICER. Are economic freedom zones. I hope we will Ernst Lee Vitter there any other Senators in the Cham- get bipartisan support in favor of leav- Fischer McConnell Wicker ber desiring to vote? ing money in these impoverished com- NAYS—64 The result was announced—yeas 50, munities to help them get started Alexander Baldwin Bennet nays 47, as follows: again. Ayotte Barrasso Blumenthal

VerDate Sep 11 2014 06:12 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.051 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2191 Booker Hirono Portman to make sure the Strategic Petroleum MORNING BUSINESS Boxer Inhofe Reed oil is sold strategically so that the Brown Isakson Reid Ms. MURKOWSKI. Mr. President, I Burr Kaine Roberts Federal Government gets the best price ask unanimous consent that the Sen- Cantwell King Rounds for it, so that we sell high—or as high ate now be in a period of morning busi- Cardin Klobuchar Schatz as we can—in order to limit the num- Carper Lankford ness, with Senators permitted to speak Schumer ber of barrels of oil that ultimately Casey Leahy Sessions therein for up to 10 minutes each. Cochran Manchin Shaheen will be sold so that we can keep as The PRESIDING OFFICER. Without Collins Markey Stabenow many as possible in the Strategic Pe- Coons McCain objection, it is so ordered. Corker McCaskill Tester troleum Reserve. The Senator from Washington. Donnelly Menendez Thune In order to meet the budget objec- Durbin Merkley Tillis tives, this amendment satisfies it but f Enzi Mikulski Udall also ensures that we keep the max- Feinstein Murkowski Warner ENERGY POLICY MODERNIZATION Franken Murphy Warren imum number of barrels of oil remain- BILL Whitehouse ing in the Strategic Petroleum Re- Gillibrand Murray Ms. CANTWELL. Mr. President, I Heinrich Nelson Wyden serve. This is going to make millions— thank my colleagues for a productive Heitkamp Peters tens of millions of extra dollars for the afternoon. We certainly improved the NOT VOTING—3 Federal taxpayers because it will be Senate Energy bill with a variety of done in a very smart way. We will be Cruz Perdue Sanders amendments—the lands package spe- selling as high as possible because we The PRESIDING OFFICER. On this cifically but other amendments as bought this oil, for the most part, in a vote, the yeas are 33, the nays are 64. well, such as the energy savings by our very high-priced marketplace. Three-fifths of the Senators duly cho- colleagues, Senator ISAKSON and Sen- Senator CASSIDY and I urge an ‘‘aye’’ sen and sworn not having voted in the vote on the amendment. ator BENNET. affirmative, the motion is rejected. The PRESIDING OFFICER. The Sen- I am very glad we are where we are The point of order is sustained, and the ator from Alaska. today, and hopefully we will have this amendment falls. Ms. MURKOWSKI. Mr. President, I wrapped up very early tomorrow. I CHANGE OF VOTE appreciate the work of both Senators, thank all our colleagues for their co- Ms. AYOTTE. Mr. President, on roll- who came together with a very com- operation. I again thank the staff for call vote No. 53, I voted yea. It was my monsense amendment. getting us to this point today. intention to vote nay. Therefore, I ask Mr. President, I ask unanimous con- Ms. MURKOWSKI. Mr. President, I unanimous consent that I be permitted sent that the 60-vote affirmative suggest the absence of a quorum. to change my vote since it will not af- threshold for the Cassidy-Markey The PRESIDING OFFICER (Mr. fect the outcome. amendment be vitiated. DAINES). The clerk will call the roll. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there The legislative clerk proceeded to objection, it is so ordered. objection? call the roll. (The foregoing tally has been Without objection, it is so ordered. Mr. LANKFORD. Mr. President, I ask changed to reflect the above order.) Is there further debate on the amend- unanimous consent that the order for Mr. PORTMAN. Mr. President, on ment? the quorum call be rescinded. rollcall vote No. 53, I voted yea. It was If not, the question is on agreeing to The PRESIDING OFFICER. Without my intention to vote nay. Therefore, I the amendment. objection, it is so ordered. The amendment (No. 2954) was agreed ask unanimous consent that I be per- f mitted to change my vote since it will to. not affect the outcome. AMENDMENT NO. 2953, AS AMENDED OKLAHOMA CITY BOMBING ANNI- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Under VERSARY AND FILLING THE SU- objection, it is so ordered. the previous order, amendment No. PREME COURT VACANCY (The foregoing tally has been 2953, as amended, is agreed to. Mr. LANKFORD. Mr. President, in Ms. MURKOWSKI. Mr. President, I changed to reflect the above order.) February of this year, Justice Scalia ask unanimous consent that the order AMENDMENT NO. 2954 passed away. It was an enormous loss with respect to the vote on the motion The PRESIDING OFFICER. There to the Nation. to invoke cloture on S. 2012, upon re- will now be 2 minutes of debate, equal- In the hours and the days following consideration, be vitiated. that, Republicans in the Senate had ly divided, prior to a vote on amend- The PRESIDING OFFICER. Is there the opportunity to talk about their ment No. 2954, offered by the Senator objection? from Louisiana, Mr. CASSIDY. Without objection, it is so ordered. constitutional responsibility—the re- The Senator from Louisiana. Ms. MURKOWSKI. Mr. President, I sponsibility of advice and consent. Su- Mr. CASSIDY. Mr. President, this ask unanimous consent that following preme Court justices don’t show up to amendment pertains to the sale from leader remarks on Wednesday, April 20, the Supreme Court because the Presi- the Strategic Petroleum Reserve. It the time until 10 a.m. be equally di- dent just nominates them. In the Con- merely gives the government the au- vided between the two leaders or their stitution, article II, section 2, lays out thority to time that sale. We can buy designees; further, that at 10 a.m., the a 50–50 proposition. oil high or buy oil low, but we should Senate vote on passage of S. 2012, as The President has the first 50 per- sell it higher. amended. cent. He narrows down his list, and he All this amendment does—a common- The PRESIDING OFFICER. Is there nominates. sense, bipartisan amendment—is to say objection? The Senate then has the second 50 that whenever the oil is sold from the Without objection, it is so ordered. percent. They have the power of what Strategic Petroleum Reserve, it should The Senator from Alaska. is called advice and consent. The first be when the best price is fetched, if you Ms. MURKOWSKI. Mr. President, half of that is when. Is this the right will, for the taxpayers of the country. this brings us to the end of the agreed- time to do a nominee? And with many It is common sense. It protects tax- to votes on the amendments that re- nominees, historically—Ambassadors, payers. It should be adopted. quired a rollcall, as well as the 29 var- Justices, Cabinet officers—the Senate Thank you. ious amendments that were accepted has had a long delay to be able to say: The PRESIDING OFFICER. The Sen- by voice en bloc. We have made ex- No, this is not the right time. ator from Massachusetts. traordinary progress on a good, strong, So the first question is, Is this the Mr. MARKEY. Mr. President, Sen- bipartisan energy modernization bill. I right time? The second question is, Is ator CASSIDY and I have offered this thank colleagues for the process we this the right person? That is the proc- amendment in order to correct a prob- have all engaged in today as we have ess of advice and consent, and it has lem in the bill. Without this amend- worked to wrap up the final measures been for 200 years. ment, there would not be the kind of to allow us to move to final passage to- So what has happened since Feb- discipline which is necessary in order morrow morning. ruary? Since February, Republicans

VerDate Sep 11 2014 06:12 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.053 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2192 CONGRESSIONAL RECORD — SENATE April 19, 2016 have been very consistent—myself in- Within 40 hours of that event occur- Mr. President, I yield the floor. cluded—to say: This is not the time to ring, a gentleman named Merrick Gar- The PRESIDING OFFICER. The Sen- have a Supreme Court Justice go land had come from DC, where he ator from Wisconsin. through the nomination process. In the worked for the Department of Justice, f hours after Justice Scalia passed away, to Oklahoma City to help on the Fed- NOMINATION OF MICHAEL MISSAL we made it very clear so that any eral side of the prosecution, along with nominee who went through the process, thousands of other people from around Mr. JOHNSON. Mr. President, I rise regardless of who they were, would the country. Our State and our city today to urge my colleagues to confirm know in advance this: You will not was overwhelmed with the compassion Michael Missal, the nominee for the move to a hearing because it is not the of people around the country as we saw Department of Veterans Affairs inspec- right time. Of our two-part test—Is what happened, and Merrick Garland tor general. this the right time? Is this the right was one of those. We are grateful as a For far too long, our Nation’s vet- person?—the first part is not complete. community for what he did in the pros- erans have been without a permanent It is not the right time. So this nomi- ecution of Timothy McVeigh, what he watchdog in place to ensure the VA af- nee will not move at all throughout did against Terry Nichols, and what he fords them the care that they deserve. this entire year, and everyone knew did against Michael Fortier. We are I have seen the damage that acting that in advance. grateful for his work there. leadership in the VA Office of Inspector So I understand Republicans have But today, on the floor of this Sen- General has done in my own State of talked about the first test on that, the ate, the implication was laid out two- Wisconsin. Numerous veterans of the priority of ‘‘is this the right time?’’ fold. One is that, since Judge Garland Tomah VA facility suffered for years Democrats have focused on ‘‘is this the served the country and did that, he de- through dangerous prescription prac- right person?’’ They have focused on serves something else. I have never met tices, whistleblower retaliation, and a Judge Garland as the nominee. They Judge Garland. I will meet him next culture of fear. The VA Office of In- want to be able to raise and talk about week and, quite frankly, look him in spector General, under acting leader- his profile, and I get the politics of the face and say: Thank you for your ship, conducted a multiyear investiga- that. But it is just the politics of it. We service to Oklahoma. tion of the Tomah VA facility but then would expect that banter back and To make clear again the same posi- swept the allegations under the rug— forth on the politics, but this is a set- tion before, there will be no nomina- the secret report that was hidden from tled issue among Republicans. He will tion this year. He does deserve our veterans, the public, and Congress. not move through the nomination gratitude. He doesn’t deserve a lifetime Months after the report was finalized process. and closed, Jason Simcakoski, a 35- But we hit a new low today on this appointment onto the bench because of year-old Marine Corps veteran, died of floor, and I had to come and address it. his faithful service to our country and a lethal cocktail of over a dozen dif- Today, this moved from a conversation to our community as is being alluded ferent drugs at the Tomah VA facility. about whether this is the right time to. The politics of it really, really deeply Another Wisconsin veteran, Thomas and whether this is the right person to Behr, died after being treated at the drawing in the memory of the 168 lives struck me as an Oklahoman—that for Tomah VA facility. Mr. Behr’s daugh- that were lost in Oklahoma City 21 some reason, today, of all days, the ter Candace told me that had she years ago today—April 19, 1995. It was tragedy that happened to 168 people known about the inspector general’s the worst act of terrorism at that time and their death 21 years ago suddenly report, she never would have taken her on American soil, carried out by an- became paraded out here as a political father to the facility and he might be other American, killing 168 people at prop. One of the Senators was even alive today. the Murrah Federal Building in Okla- standing with a picture of a dead child In other words, had the VA Office of homa City. A Ryder truck loaded with behind him like she is a prop. This Inspector General been transparent and fertilizer and diesel pulled up to the child is not a prop for politics. She has published the findings of its investiga- front and blew it up, killing 168. a name. She was identified as a toddler. Timothy McVeigh carried that out. She was 1 year and 1 day old. She was tion, these tragic outcomes could very He got into his Ford and drove north to killed in the Murrah Building the day well have been avoided. leave out of the State. But 90 minutes after her 1-year birthday. She is not Under acting leadership, the VA Of- later—90 minutes later—Trooper Char- some random toddler. Her name is fice of Inspector General has tried to lie Hanger, who was just doing his job, Baylee, and she is not to be used as a stonewall my investigation into the saw a vehicle on I–35 without a license prop for politics in the Supreme Court tragedies at Tomah VA medical facil- plate on it, pulled him over, found out nomination process. ity. Its actions have shown that, under he also had a weapon on him, and put It is absolutely fair game to talk acting leadership, the VA Office of In- him in jail to be able to hold him. about the record of Judge Garland and spector General has become too close Trooper Charlie Hanger, doing his job, what he has done. We are grateful as to the VA, the agency it is charged actually arrested the person who had Oklahomans for his service to our with overseeing. The acting leadership killed 168 people just 90 minutes before, State and to our Nation to put away lacked the fundamental tenets of not knowing it. those awful terrorists. But to use a transparency and accountability that Local law enforcement and individ- child who was killed in the Murrah all inspectors general should have that uals quickly went through the debris Building bombing as a prop so far ex- could literally mean the difference be- trying to find individuals to save and ceeds the line that I had to come and tween life and death. evidence to be able to identify who this speak about it and say that I am abso- I was forced to resort to a subpoena was. Within a few hours, they found the lutely offended—and I should be. to obtain the information about the in- axle of the Ryder truck. They called So it was 21 years ago today. We re- vestigation of the Tomah VA Office of the rental company. They identified it. member. It is a statement that comes Inspector General, and there are still They did a composite sketch, and they up to Oklahomans over and over: We some documents the acting leadership figured out within hours who this remember. We remember the victims. has refused to produce. For over a year, might be—a guy named Timothy We remember the survivors. We re- I have urged President Obama to ap- McVeigh. Running a search on him, member the first responders. We re- point a permanent VA inspector gen- they figured out he was already in jail. member the thousands of people who eral. I was pleased that President He had been picked up by Trooper came from across the country to help Obama finally heeded my calls—and, Charlie Hanger. Before he was re- us. We remember, and we will continue quite honestly, the calls of many of my leased—because he was in the process to remember. But don’t do politics colleagues—when he nominated Mi- of being released—they were able to with the life and death of the children chael Missal to the position late last hold him and unwind a horrific crime. and adults in Oklahoma City. Let’s year. My committee, the Senate Com- It was incredible local law enforce- keep this where it should be. We could mittee on Homeland Security and Gov- ment. It was an incredible task that have the debate about process. Do not ernmental Affairs, moved his nomina- happened. draw this in. tion after carefully considering his

VerDate Sep 11 2014 04:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.064 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2193 qualifications, and we reported him out tation, day to day. From protecting keeping the U.S. airspace as the safest to the full Senate immediately. the rights and safety of airline employ- and most efficient in the world. I hope I am hopeful that under Mr. Missal’s ees, to ensuring the needs of passengers that, as the House takes up this impor- leadership, the VA Office of Inspector with disabilities are recognized and tant legislation, they will maintain the General will restore veterans’ trust in upheld, this legislation takes necessary carefully balanced proposals included the inspector general’s office, protect steps to improve travel experiences for in the Senate bill. VA whistleblowers, and forge a new re- all Americans. Mrs. BOXER. Mr. President, I voted lationship with Congress, but above all I am especially pleased that the Fed- no on final passage of the FAA reau- else, I hope Mr. Missal will use his posi- eral Aviation Administration Act in- thorization bill because I was unable to tion to help ensure the finest among us cludes a number of policies that will offer my amendment to ensure that receives the high-quality care they de- benefit Vermont’s airports, including cargo pilots have the same rest and serve. the preservation of the Essential Air duty rules as passenger pilots. Service program, an important source I am confident Mr. Missal is up to the Not only was I unable to secure a of support for the Rutland-Southern task, and I thank him for agreeing to vote on my amendment, my offer to serve in this supporting role. Vermont Regional Airport. The bill also increases Airport Improvement modify my amendment into a study by f Program funding, which is essential to the National Transportation Safety Board was objected to by the other EXECUTIVE SESSION the expansion and improvements of air- ports in Vermont and across the coun- side. We should ensure that all pilots, try. Also importantly, the bill will not whether they fly people or goods, have the same opportunities for rest. As this EXECUTIVE CALENDAR privatize the Air Traffic Control Sys- tem. bill has many safety implications for Mr. JOHNSON. Mr. President, I ask As the opportunities and challenges our aviation system, I am very dis- unanimous consent that the Senate associated with new technology con- appointed that my amendment did not proceed to executive session to con- tinue to evolve—both in NextGen im- receive consideration in the Senate. sider the following nomination: Cal- plementation and use of drones—it is However, I would like to thank the endar No. 448 only, with no other exec- important that safety remains a top Senate Commerce Committee for their utive business in order. priority. This FAA reauthorization bill hard work on this bill, which includes The PRESIDING OFFICER. Is there takes steps to address the safety and many safety improvements, helpful objection? privacy concerns related to the wide- consumer protections, and enhance- Without objection, it is so ordered. spread proliferation of unmanned air- ments to airport security. I am par- The clerk will report the nomination. craft within our domestic airspace. The ticularly pleased that the bill includes The legislative clerk read the nomi- legislation adds several provisions to a provision to ban the use of electronic nation of Michael Joseph Missal, of increase safety by adding new tech- cigarettes on board aircraft that I had Maryland, to be Inspector General, De- nical and operational standards. For asked to be included in this bill. partment of Veterans Affairs. example, the bill requires the FAA and Mr. BOOKER. Mr. President, today Thereupon, the Senate proceeded to government agencies to collaborate the Senate approved legislation to re- consider the nomination. with industry stakeholders to develop authorize the Federal Aviation Admin- Mr. JOHNSON. Mr. President, I know guidelines and procedures to ensure the istration—FAA—for 18 months. I ap- of no further debate on the nomina- safe integration of drones into the na- plaud the work of my colleagues, Sen- tion. tional airspace. I was also pleased that ators THUNE and NELSON, and their The PRESIDING OFFICER. If there the bill addresses certain privacy con- staff who worked tirelessly to get this is no further debate, the question is, cerns about the use of drones by requir- important legislation over the finish Will the Senate advise and consent to ing the FAA to establish a publicly ac- line. I hope leaders in the House of the Missal nomination? cessible website containing informa- Representatives see what we passed The nomination was confirmed. tion about commercial and government here in the Senate and ensure smooth Mr. JOHNSON. Mr. President, I ask drone operations, the type of informa- passage of the bill. This legislation unanimous consent that the motion to tion those drones will collect, and how truly represents bipartisan com- reconsider be considered made and laid that information will be used. While promise. While it takes important upon the table, the President be imme- the drone-related provisions in the bill steps forward, more work remains to be diately notified of the Senate’s action, are an improvement from the status done to ensure the United States re- and the Senate then resume legislative quo, I believe that we must do more to mains a global leader in aviation, safe- session. ensure that safety and privacy safe- ty, and innovation. The PRESIDING OFFICER. Without guards are improved. This legislation advanced many key In Vermont, our airports are essen- objection, it is so ordered. priorities that I was proud to fight for. tial to a strong economy. They facili- Aviation is a critical means of travel f tate both tourism and commerce, and for people in my State and across the they are a source of economic growth LEGISLATIVE SESSION country, and I am confident that this for our communities. I am disappointed The PRESIDING OFFICER. The Sen- that, despite support from 99 other legislation takes strides to improve the ate will now resume legislative session. Senators, the objections of just one status quo for travelers. f Senator prevented the passage of an I worked to advance provisions that amendment that would further facili- help improve accessibility for persons FEDERAL AVIATION with disabilities traveling through our ADMINISTRATION ACT OF 2016 tate travel and commerce between the United States and Canada, our largest Nation’s commercial air system. The Mr. LEAHY. Mr. President, after trading partner. Expanding U.S. increased and improved data collected months of debate and piecemeal short- preclearance operations in Canada not as a result of this legislation and the term reauthorizations, the Senate has only improves the travel experience for new advisory committee put in place finally approved a comprehensive reau- Americans traveling back and forth be- will help fuel effective policies that en- thorization of the Federal Aviation Ad- tween Canada, but encourages neigh- hance the traveling experience for per- ministration, FAA, that will improve bors to the north to visit the United sons with disabilities and remove bar- the safety and efficiency of our Na- States and infuses our economies riers to accessibility. tion’s airline transportation system. through tourism and commerce. Impor- The legislation will help improve the The Federal Aviation Administration tantly, it also furthers our national se- use of disadvantaged business enter- Act of 2016 will not only make airline curity. I will be looking for opportuni- prises in aviation infrastructure. I au- travel safer and more efficient, it will ties to advance this legislation moving thored an amendment to align the size also strengthen our economy by cre- forward. standard used by the Department of ating jobs and supporting those who The Federal Aviation Administration Transportation—DOT—to identify rely on the benefits of airline transpor- Act represents a strong step forward in small businesses, with the metric used

VerDate Sep 11 2014 04:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.065 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2194 CONGRESSIONAL RECORD — SENATE April 19, 2016 by the Small Business Administra- Thank you. ents—the change in the funding for- tion—SBA. This small update will en- f mula. In 2010, the Government Ac- able more minority and women-owned countability Office, GAO, determined OLDER AMERICANS ACT businesses to compete for infrastruc- that the formula responsible for the al- REAUTHORIZATION ACT OF 2016 ture work. This amendment had wide- location of State funding in the OAA spread support in the aviation con- Mr. ALEXANDER. Mr. President, re- was broken. It took us 6 years to act, struction industry including from the cently the Senate marked a significant and I am pleased to see this important U.S. Women’s Chamber of Commerce, achievement—the final passage of the change included in the OAA reauthor- the Airport Minority Advisory Council, bipartisan reauthorization of the Older ization, allowing funds to be directed the National Association of Minority Americans Act—and now the President where they are most needed. This is a Contractors, and I was pleased to see it has signed it into law. commonsense, but critical change for unanimously supported in this legisla- This act provides seniors access to better ensuring that the dollars are fol- tion. home-delivered meals, like Meals on lowing the needs. I also joined colleagues on the floor Wheels; seniors centers; transpor- This change is especially important and through my role on the Senate tation, like rides to the senior center for North Carolina’s seniors. The Committee on Commerce, Science, and and the grocery store; and meals served change in the formula calculation will Transportation to move the legislation at senior centers and churches. Other increase resources for these programs forward on policies that embrace inno- services include caregiver support, pre- in North Carolina and other States vation and help the United States ventive health services, job training where seniors have moved since the maintain global leadership when it and support, elder abuse prevention, last reauthorization of the Older Amer- comes to embracing new technology and the long-term care ombudsman. icans Act, a decade ago. As more and In 2012, Tennessee served 2.4 million and integrating UAS into the national more seniors make North Carolina meals to seniors through Older Ameri- airspace. their home, this will help ensure that From a floor amendment with Sen- cans Act programs. This reauthorization also will make a resources are being more fairly allo- ator INHOFE that will improve the safe few important improvements. cated based on the needs of seniors use of UAS to examine and maintain One, it will provide States, area today and in the future, which is a key our critical infrastructure to amend- agencies on aging, and service pro- aspect of helping some of our most vul- ments I championed in committee that viders with information and technical nerable seniors age with the dignity will move the United States forward on assistance in collaboration with rel- and respect they deserve. new applications of micro-UAS, we evant Federal agencies, on providing I often hear from my constituents— took important strides forward. This efficient, person-centered transpor- area agencies on aging, PACE program technology has the power to enhance tation services, including across geo- directors, and North Carolinians them- search and rescue, deliver humani- graphic boundaries. selves—about the benefits that come tarian aid, improve agriculture prac- That means that when a senior who from the programs authorized by the tices, and news-gathering. I introduced lives Kentucky and wants to come see Older Americans Act. The continuation the Commercial UAS Modernization her doctor just over the border in Ten- of these programs, which provide Act to help advance this technology nessee, it is easier for her to get that meals, caregiver supports, and help and was pleased to see many of our ride. seniors stay in the comfort of their ideas incorporated in this reauthoriza- Two, this bill addresses the tragic homes and local communities longer tion. issue of elder abuse with provisions for positively impacts the lives of millions This legislation also includes provi- the prevention of abuse, neglect, and of seniors every day. With the passage sions to bolster the use of test sites exploitation. It bolsters services that of this legislation, almost 2 million and further important research initia- address elder justice and exploitation North Carolina seniors may be able to tives that will benefit safety, infra- of older individuals, including financial benefit from State and local programs structure, and aviation technology. exploitation, which can be devastating that provide needed support for them New Jersey is home to the FAA’s Wil- to a senior’s ability to stay inde- and their families. I am proud to have liam J. Hughes Technical Center in At- pendent and in his own home. fought on behalf of North Carolina’s lantic City and a UAS test site in Cape Three, this bill ensures States re- seniors for the improvements reflected May. These sites play a key role in ad- ceive funding based on their senior pop- in this reauthorization bill, and I look vancing aviation research and tech- ulation. Senator RICHARD BURR worked forward to continuing to work to im- nology, and this legislation includes hard with me on this, and we have him prove the quality of life for my con- important provisions that ensure New to thank for this update. stituents. Jersey will remain a leader in advanc- This bill is the product of several Mr. ALEXANDER. In addition to pro- ing aviation safety and R&D. years of bipartisan collaboration and viding grants to States for senior so- Lastly, I would like to discuss an compromise. This legislation protects cial and nutrition services, this reau- area that is ripe for further congres- and strengthens the underlying law’s thorization also aims to continue pro- sional action: the Transportation Secu- many vital programs. I look forward to tecting vulnerable elders from abuse by rity Administration—TSA. The FAA seeing S. 192 signed into law, and now ensuring access to abuse screening and reauthorization takes some steps to- I would like to yield to my colleague, prevention through efforts like the wards stronger security, but more Senator BURR. Senior Medicare Patrol, SMP, pro- work needs to be done to advance our Mr. BURR. I would also like to thank gram, which helps train seniors to rec- Nation’s security, and TSA plays a my colleagues, particularly Chairman ognize and protect themselves from critical role to these endeavors. I will ALEXANDER, Ranking Member MURRAY, Medicare and Medicaid fraud. The most continue to fight for accountability and Senator SANDERS, for their part- recent inspector general report noted and further resources to this important nership in working with me to reau- that the program had educated over 3.5 entity that plays such an important thorize the Older Americans Act. I am million beneficiaries, reached 27 mil- role in keeping travelers safe and se- pleased that our efforts have resulted lion people, and saved about $106 mil- cure. We must ensure there are ade- in sending a strong reauthorization of lion. quate resources and top-notch tech- the Older Americans Act to the Presi- The programs authorized by this law nologies deployed to our airports and dent’s desk. The reauthorization of provide critical services to help Ameri- our surface transportation systems. these critical support programs for sen- cans live with dignity well into their Again, I thank my esteemed col- iors has been a process that each of us later years, but these services also pro- leagues in Senate leadership and Sen- has been actively involved in over the vide a significant return on investment ators THUNE and NELSON for their ef- last few years, and I am proud to see for taxpayers. forts on this important legislation. I this bipartisan piece of legislation on They help decrease the increasing know this will make a difference to my its way to becoming law. cost pressures on Medicare and Med- constituents in New Jersey and to peo- I want to focus on a key aspect of icaid. These programs that help seniors ple across the country. this reauthorization for my constitu- stay healthy, independent, and living

VerDate Sep 11 2014 04:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.031 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2195 in their own homes also are helping organs all taking up space in the chest, The resolution Senator CARDIN and I seniors stay where they want to be— the lungs do not have space to develop introduced is important because it will and that is less expensive for taxpayers properly. This may cause the lungs to bring awareness to this birth defect, than if these seniors were instead in be small and underdeveloped. and this awareness will save lives. Al- nursing homes. A diaphragmatic hernia is a life- though hundreds of thousands of babies Mr. ENZI. I would also like to high- threatening condition. When the lungs have been diagnosed with this defect, light the National Resource Center for do not develop properly during preg- the causes are still unknown, and more Women and Retirement as a highly nancy, it can be difficult for the baby research is needed. Every year more is successful program run by the Women’s to breathe after birth, or the baby is learned and there are more successes. Institute for a Secure Retirement— unable to take in enough oxygen to We are making good progress, and we known to most as ‘‘WISER’’—a non- stay healthy. must continue these efforts. profit organization dedicated to ensur- Several members from the CHERUBS I want to thank my colleagues for ing the security of women’s retirement group visited my office yesterday. I joining me in supporting this legisla- income through outreach, partner- was encouraged by their good spirit tion to bring awareness to CDH. ships, and policy development. The and enthusiasm. These individuals I thank the Chair. staff and programs at WISER have pro- have been coming to Capitol Hill every f vided important and effective trainings year for the last several years to advo- TRIBUTE TO LARRY MACDONALD and education in my home State of Wy- cate for Federal assistance for this oming, as well as around the country. birth defect. Over the last 4 years, we Ms. BALDWIN. Mr. President, today Mr. ALEXANDER. For more than 50 have made good progress. I wish to recognize Larry MacDonald years, the Older Americans Act has We have seen an increase in funding as he retires from the city of Bayfield, been effective in large part because at the National Institutes of Health, WI, after an impressive 20 years as the these successful programs are funded NIH. In fiscal year 2015, the NIH funded city’s mayor. Since his election in 1994, through flexible grants to States. approximately $3,300,000 in CDH re- Larry has dedicated himself to improv- States know best what services will be search. This is an increase of $800,000 ing the city of Bayfield and making it most beneficial for their residents to from fiscal year 2014. We have also seen a wonderful destination in north- live healthier, more independent lives an increase in awareness and edu- western Wisconsin. as they age. cation. But more research is needed. Larry was born in Munich, Germany, I want to thank Senator MURRAY for The cause of CDH remains unknown. to American parents. After growing up working with me on this bill in our Most cases of diaphragmatic hernia are in the Twin Cities area of Minnesota, committee. believed to be multifactorial in origin, Larry and his wife, Julie, moved to I want to thank Senator COLLINS, meaning both genetic and environ- Bayfield in 1989. They opened Cooper whose leadership on the Special Com- mental factors are involved. It is Hill House B&B, contributing to mittee on Aging was instrumental. Her thought that multiple genes from both Bayfield’s tradition of welcoming visi- determination to help seniors stay parents, as well as a number of envi- tors from across the State to beautiful home and independent helped us get ronmental factors that scientists do Bayfield County. The MacDonalds also this bill through the full Senate. not yet fully understand, contribute to opened the Apostle Islands Outfitters I want to thank Senator BURR for his the development of a diaphragmatic that, for close to two decades, sup- determination to get a result on the hernia. ported Bayfield and the city’s practice funding issue. Congenital diaphragmatic hernia is a of providing outstanding outdoor recre- Finally, I would like to thank Sen- birth defect that occurs in 1 out of ation opportunities to residents and ator SANDERS for his tireless work on every 3,836 live births worldwide. tourists alike. this issue and on this bill. The CDC estimates that CDH affects While he has served as mayor for 20 f 1,088 babies in the U.S. each year. years, Larry’s career in public service Every 10 minutes, a baby is born with began as a casual interest in local gov- NATIONAL CONGENITAL DIA- CDH, adding up to more than 700,000 ernment. However, as a proactive poli- PHRAGMATIC HERNIA AWARE- babies with CDH since just 2000; yet tician, a committed environmentalist, NESS MONTH most people have never heard of CDH. and a savvy businessman, Larry’s cas- Mr. SESSIONS. Mr. President, today Up to 20 percent of cases of CDH have ual interest quickly grew into a re- I wish to discuss S. Res. 408. I am de- a genetic cause due to a chromosome markable passion for his work and lighted that the Senate has unani- defect or genetic syndrome. dedication to his city. Over the past mously declared April as National Con- According to the CDC, babies born two decades and despite an ill-fated at- genital Diaphragmatic Hernia Aware- with CDH experience a high mortality tempt at retirement in 2004, Larry has ness Month for the fourth consecutive rate ranging from 20–60 percent depend- influenced all aspects of the Bayfield year. I would like to thank my friend ing on the severity of the defect and community. and able colleague, Senator BEN the treatments available at delivery. The city of Bayfield is the smallest CARDIN of Maryland, for joining me in The mortality rate has remained stable city in Wisconsin, but one of our most this legislation. This resolution is very since 1999. popular destinations. A beautiful city important to me and my family as my Approximately 40 percent of babies located on Lake Superior, Bayfield grandson Jim Beau is a CDH survivor. born with CDH will have other birth draws visitors from across the State. I specifically wanted to speak today, defects, in addition to CDH. The most When others would be daunted, he April 19, to commemorate Congenital common is a congenital heart defect. faced head-on the challenges of a local Diaphragmatic Hernia Action Day. Awareness, good prenatal care, early economy based on tourism, working Charities and families in 60 countries diagnosis, and skilled treatment are with local organizations and listening and cities all over the U.S. are working the keys to a greater survival rate in closely to his community. Larry also together to raise CDH Awareness these babies. That is why this resolu- dedicated his career to maintaining the through State and town proclamations, tion is so important. natural beauty of Lake Superior and lighted buildings, Parades of Cherubs, In 2009, my grandson Jim Beau was the Apostle Islands through his work fundraisers, and other events. diagnosed with CDH during my daugh- as a board member of the Alliance of CDH is a birth defect that occurs ter Mary Abigail’s 34th week of preg- the Great Lakes and the Apostle Is- when the fetal diaphragm fails to fully nancy. At that time, no one in my fam- lands National Lakeshore. As mayor, develop. The lungs develop at the same ily had heard of CDH before. My family he led the city to be one of the first in time as the diaphragm and the diges- was very lucky that Jim Beau’s defect the Nation to adopt an eco-munici- tive system. When a diaphragmatic was caught before he was born and that pality resolution, thereby codifying its hernia occurs, the abdominal organs he was in the right place to receive ex- commitment to sustainability, setting move into and develop in the chest in- cellent care for his CDH. an example for others to follow, and stead of remaining in the abdomen. He is now a happy, rambunctious 6- preserving Bayfield’s natural resources With the heart, lungs, and abdominal year-old. for generations to come.

VerDate Sep 11 2014 04:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.055 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2196 CONGRESSIONAL RECORD — SENATE April 19, 2016 Larry’s involvement in the commu- 100TH ANNIVERSARY OF THE PRESIDENTIAL MESSAGE nity goes beyond his work as mayor. FOUNTAIN INN WESLEYAN His many civic contributions include METHODIST CHURCH REPORT RELATIVE TO THE roles as master of ceremonies for the ∑ Bayfield Apple Festival for many Mr. SCOTT. Mr. President, today I ISSUANCE OF AN EXECUTIVE years, an avid participant in the Big wish to honor one of South Carolina’s ORDER EXPANDING THE SCOPE Top Chautauqua annual Pie & Politics most impactful ministries, the Foun- OF THE NATIONAL EMERGENCY event, and a regular contributor to the tain Inn Wesleyan Methodist Church. ORIGINALLY DECLARED IN EX- Bayfield School Reading Days. Larry’s Celebrating 100 years of faith and ECUTIVE ORDER 13566 OF FEB- influence can be seen throughout the teachings on April 24, 2016, the church RUARY 25, 2011, WITH RESPECT city, whether it is through his commu- has remained dedicated to its vision, TO LIBYA—PM 46 ‘‘To exalt Jesus Christ by Evangelizing nity work, the time he has spent work- The PRESIDING OFFICER laid be- the Lost, Disciplining Believers, Equip- ing at his family’s business interests, fore the Senate the following message ping the Church, and Ministering to or simply enjoying the city. from the President of the United the Community,’’ and intends to con- However, when he looks back on his States, together with an accompanying tinue on this path for years to come. many roles in life, his greatest accom- report; which was referred to the Com- plishment will be his 20 years of service Evangelist Rev. J.M. Hames first or- mittee on Banking, Housing, and as mayor. Larry himself describes it as ganized the church in 1916, and its offi- Urban Affairs: the best job he ever had. While he at- cial name, the Wesleyan Church, was tributes his success to the Bayfield obtained in 1968 following mergers with To the Congress of the United States: community, the city council and his several other denominations. Fol- Pursuant to the International Emer- dedicated staff, Larry’s success comes lowing a tent revival meeting at the gency Economic Powers Act (50 U.S.C. from his own will. His investment in start of its history, the church began 1701 et seq.) (IEEPA), I hereby report his staff, his honesty and involvement, as a place of worship for workers and that I have issued an Executive Order and his personal touch are what residents of the Woodside Mill Village (the ‘‘order’’) expanding the scope of spurred Bayfield residents to return community. It was later provided its the national emergency declared in Ex- him to office year after year. Although permanent place of worship when the ecutive Order 13566 of February 25, 2011, in retirement he will no longer be in Woodside Mill company deeded the with respect to the unusual and ex- the mayor’s office, Larry’s legacy will building and property to the Wesleyan traordinary threat to the national se- remain. Methodist Church. curity and foreign policy of the United States posed by the situation in Libya. Over the past 20 years, Larry has im- Despite many changes incurred over In the order, I find that the ongoing pacted Bayfield residents and the com- time, including the leadership of 21 violence in Libya, including attacks by munity around him through his dedica- pastors, the church has continued to armed groups against Libyan state fa- tion, honest nature, and kind heart. I serve the community without straying cilities, foreign missions in Libya, and am so pleased to join others in recog- from its initial mission. The Fountain critical infrastructure, as well as nizing Larry’s success and accomplish- Inn Wesleyan Methodist Church has re- human rights abuses, violations of the ments. I wish him, his wife, Julie, their mained a consistent source of guidance arms embargo imposed by United Na- children, many grandchildren and for its community and has brought tions Security Council Resolution 1970 great-grandchildren all the best in the many individuals to know the Lord (2011), and misappropriation of Libya’s next chapter of their lives together. throughout its history. natural resources threaten the peace, f It is with honor and admiration that security, stability, sovereignty, demo- we recognize the Fountain Inn Wes- cratic transition, and territorial integ- ADDITIONAL STATEMENTS leyan Methodist Church and its great rity of Libya, and thereby constitute impact, adding its legacy to our April an unusual and extraordinary threat to 19, 2016, Congressional Record.∑ the national security and foreign pol- TRIBUTE TO MICHAEL THOMPSON icy of the United States. The order ∑ Mr, SCOTT. Mr. President, I wish to f blocks the property and interests in congratulate and recognize Mr. Mi- property of persons determined by the chael Thompson of Greenville, SC, for TRIBUTE TO SOPHIE DOEDEN Secretary of the Treasury, in consulta- receiving one of Scouting’s highest tion with the Secretary of State: ∑ honors—the Distinguished Eagle Scout Mr. THUNE. Mr. President, today I ∑ to be responsible for or complicit Award. This is a significant achieve- recognize Sophie Doeden, an intern in in, or to have engaged in, directly or ment and a testament to his continued my Aberdeen, SD, office for all of the indirectly, any of the following: service to our country, State, and espe- hard work she has done for me, my Æ actions or policies that threaten cially to the South Carolina commu- staff, and the State of South Dakota. the peace, security, or stability of nity. Sophie is a graduate of Beresford Libya, including through the supply of As sitting president of the Blue Ridge High School in Beresford, SD. Cur- arms or related materiel; Council Boy Scouts, Michael Thomp- rently, Sophie is attending Northern Æ actions or policies that obstruct, son’s love for service and the commu- State University, where she is major- undermine, delay, or impede, or pose a nity, as well as his many achieve- ing in political science. Sophie is a significant risk of obstructing, under- ments, place him in the company of dedicated worker who has been com- mining, delaying, or impeding, the other great individuals who have re- mitted to getting the most out of her adoption of or political transition to a ceived this award, such as President experience. Government of National Accord or a Gerald Ford, Neil Armstrong, and I extend my sincere thanks and ap- successor government; former Secretary of Defense Dr. Robert preciation to Sophie Doeden for all of Æ actions that may lead to or result Gates, to name a few. His involvement the fine work she has done and wish in the misappropriation of state assets in the Upstate community represents her continued success in the years to of Libya; or what it truly means to be an out- come.∑ Æ threatening or coercing Libyan standing leader. state financial institutions or the Lib- It is with pride and honor that we f yan National Oil Company; recognize Mr. Michael Thompson and ∑ to be planning, directing, or com- his outstanding achievements today MESSAGE FROM THE PRESIDENT mitting or to have planned, directed, or and add his legacy to our April 19, 2016, committed, attacks against any Liby- Congressional Record. We will always A message from the President of the an state facility or installation (in- remember his admiration for the com- United States was communicated to cluding oil facilities), against any air, munity, the Upstate, and above all for the Senate by Mr. Pate, one of his sec- land, or sea port in Libya, or against the scouts.∑ retaries. any foreign mission in Libya;

VerDate Sep 11 2014 04:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G19AP6.030 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2197 ∑ to be involved in, or to have been at 201 B Street in Perryville, Arkansas, as INTRODUCTION OF BILLS AND involved in, the targeting of civilians the ‘‘Harold George Bennett Post Office’’. JOINT RESOLUTIONS through the commission of acts of vio- H.R. 3866. An act to designate the facility of the United States Postal Service located The following bills and joint resolu- lence, abduction, forced displacement, at 1265 Hurffville Road in Deptford Town- tions were introduced, read the first or attacks on schools, hospitals, reli- ship, New Jersey, as the ‘‘First Lieutenant and second times by unanimous con- gious sites, or locations where civilians Salvatore S. Corma II Post Office Building’’. sent, and referred as indicated: are seeking refuge, or through conduct H.R. 4570. An act to amend the Department By Mr. MCCAIN (by request): of Agriculture program for research and ex- that would constitute a serious abuse S. 2814. A bill to authorize appropriations tension grants to increase participation by or violation of human rights or a viola- for fiscal year 2017 for military activities of women and underrepresented minorities in tion of international humanitarian the Department of Defense and for military the fields of science, technology, engineer- law; construction, to prescribe military personnel ing, and mathematics to redesignate the pro- ∑ strengths for such fiscal year, and for other to be involved in, or to have been gram as the ‘‘Jeannette Rankin Women and purposes; to the Committee on Armed Serv- involved in, the illicit exploitation of Minorities in STEM Fields Program’’. crude oil or any other natural re- H.R. 4605. An act to designate the facility ices. sources in Libya, including the illicit of the United States Postal Service located By Mr. CASEY (for himself, Mr. TOOMEY, and Mr. WHITEHOUSE): production, refining, brokering, sale, at 615 6th Avenue SE in Cedar Rapids, Iowa as the ‘‘Sgt. 1st Class Terryl L. Pasker Post S. 2815. A bill to establish the United purchase, or export of Libyan oil; States Semiquincentennial Commission, and ∑ to be a leader of an entity that has, Office Building’’. H.R. 4618. An act to designate the Federal for other purposes; to the Committee on the or whose members have, engaged in building and United States courthouse lo- Judiciary. any activity described above; cated at 121 Spring Street SE in Gainesville, By Mr. CARPER (for himself, Mr. ∑ to have materially assisted, spon- Georgia, as the ‘‘Sidney Oslin Smith, Jr. INHOFE, Mrs. CAPITO, and Mrs. sored, or provided financial, material, Federal Building and United States Court- BOXER): logistical, or technological support for, house’’. S. 2816. A bill to reauthorize the diesel or goods or services in support of any emissions reduction program; to the Com- The message further announced that mittee on Environment and Public Works. of the activities described above or any the House has agreed to the following By Mr. PETERS: person whose property and interests in concurrent resolution, in which it re- S. 2817. A bill to improve understanding property are blocked pursuant to the quests the concurrence of the Senate: and forecasting of space weather events, and order; or H. Con. Res. 119. Concurrent resolution au- for other purposes; to the Committee on ∑ to be owned or controlled by, or to thorizing the use of the Capitol Grounds for Commerce, Science, and Transportation. have acted or purported to act for or on the Greater Washington Soap Box Derby. By Mr. REED: behalf of, any person whose property The message also announced that S. 2818. A bill to reduce housing-related and interests in property are blocked health hazards, and for other purposes; to pursuant to section 803(a) of the Con- the Committee on Banking, Housing, and pursuant to the order. gressional Recognition for Excellence Urban Affairs. In addition, the order suspends entry in Arts Education Act (2 U.S.C. 803(a)), By Mr. REED: into the United States of any alien de- the Minority Leader appoints the fol- S. 2819. A bill to establish the Council on termined to meet one or more of the lowing Member of the House of Rep- Healthy Housing and for other purposes; to above criteria. resentatives to the Congressional the Committee on Banking, Housing, and I have delegated to the Secretary of Award Board: DEBBIE DINGELL of Urban Affairs. the Treasury, in consultation with the Michigan. f Secretary of State, the authority to f SUBMISSION OF CONCURRENT AND take such actions, including the pro- SENATE RESOLUTIONS mulgation of rules and regulations, and MEASURES REFERRED to employ all powers granted to the The following bills were read the first The following concurrent resolutions President by IEEPA as may be nec- and the second times by unanimous and Senate resolutions were read, and essary to carry out the purposes of the consent, and referred as indicated: referred (or acted upon), as indicated: order. All agencies of the United States H.R. 2928. An act to designate the facility By Mr. WICKER (for himself, Ms. Government are directed to take all of the United States Postal Service located HEITKAMP, Mr. ALEXANDER, Ms. appropriate measures within their au- at 201 B Street in Perryville, Arkansas, as BALDWIN, Mr. BARRASSO, Mr. BLUNT, thority to carry out the provisions of the ‘‘Harold George Bennett Post Office’’; to Mr. BOOZMAN, Mr. BROWN, Mrs. CAP- ITO, Mr. CASEY, Mr. CASSIDY, Mr. the order. the Committee on Homeland Security and COCHRAN, Mr. COONS, Mr. CORNYN, I am enclosing a copy of the Execu- Governmental Affairs. H.R. 3866. An act to designate the facility Mr. CRAPO, Mr. DAINES, Mr. DON- tive Order I have issued. of the United States Postal Service located NELLY, Mr. ENZI, Mr. GARDNER, Mr. BARACK OBAMA. at 1265 Hurffville Road in Deptford Town- ISAKSON, Mr. KIRK, Mr. KING, Mr. THE WHITE HOUSE, April 19, 2016. ship, New Jersey, as the ‘‘First Lieutenant MCCAIN, Mr. MORAN, Ms. MURKOWSKI, f Salvatore S. Corma II Post Office Building’’; Mr. PETERS, Mr. RISCH, Mr. ROBERTS, to the Committee on Homeland Security and Ms. STABENOW, Mr. TILLIS, Mr. MESSAGE FROM THE HOUSE Governmental Affairs. UDALL, Mr. VITTER, Mr. MERKLEY, At 10:42 a.m., a message from the H.R. 4570. An act to amend the Department Mrs. ERNST, and Mr. INHOFE): House of Representatives, delivered by of Agriculture program for research and ex- S. Res. 431. A resolution recognizing the Mr. Novotny, one of its reading clerks, tension grants to increase participation by immeasurable benefits of the national 4–H women and underrepresented minorities in program to the young people of the United announced that the House has passed the fields of science, technology, engineer- States and supporting the campaign to ex- the following bills, without amend- ing, and mathematics to redesignate the pro- pand the 4–H program; considered and agreed ment: gram as the ‘‘Jeannette Rankin Women and to. S. 719. An act to rename the Armed Forces Minorities in STEM Fields Program’’; to the By Mr. RUBIO (for himself and Mr. Reserve Center in Great Falls, Montana, the Committee on Agriculture, Nutrition, and MANCHIN): Captain John E. Moran and Captain William Forestry. S. Con. Res. 35. A concurrent resolution ex- Wylie Galt Armed Forces Reserve Center. H.R. 4605. An act to designate the facility pressing the sense of Congress that the S. 1638. An act to direct the Secretary of of the United States Postal Service located United States should continue to exercise its Homeland Security to submit to Congress in- at 615 6th Avenue SE in Cedar Rapids, Iowa veto in the United Nations Security Council formation on the Department of Homeland as the ‘‘Sgt. 1st Class Terryl L. Pasker Post on resolutions regarding the Israeli-Pales- Security headquarters consolidation project Office Building’’; to the Committee on tinian peace process; to the Committee on in the National Capital Region, and for other Homeland Security and Governmental Af- Foreign Relations. purposes. fairs. f The message also announced that the H.R. 4618. An act to designate the Federal building and United States courthouse lo- ADDITIONAL COSPONSORS House has passed the following bills, in cated at 121 Spring Street SE in Gainesville, S. 53 which it requests the concurrence of Georgia, as the ‘‘Sidney Oslin Smith, Jr. the Senate: Federal Building and United States Court- At the request of Mr. INHOFE, his H.R. 2928. An act to designate the facility house’’; to the Committee on Environment name was added as a cosponsor of S. 53, of the United States Postal Service located and Public Works. a bill to amend the Internal Revenue

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At the request of Mr. FRANKEN, the At the request of Mr. KIRK, the name S. 91 name of the Senator from Wisconsin of the Senator from Colorado (Mr. BEN- At the request of Mr. HELLER, the (Ms. BALDWIN) was added as a cospon- NET) was added as a cosponsor of S. name of the Senator from North Da- sor of S. 1566, a bill to amend the Pub- 2291, a bill to amend title 38, United kota (Ms. HEITKAMP) was added as a co- lic Health Service Act to require group States Code, to establish procedures sponsor of S. 91, a bill to amend the In- and individual health insurance cov- within the Department of Veterans Af- ternal Revenue Code of 1986 to allow re- erage and group health plans to provide fairs for the processing of whistle- funds of Federal motor fuel excise for coverage of oral anticancer drugs blower complaints, and for other pur- taxes on fuels used in mobile mammog- on terms no less favorable than the poses. raphy vehicles. coverage provided for anticancer medi- S. 2613 S. 290 cations administered by a health care At the request of Mr. GRASSLEY, the At the request of Mr. MORAN, the provider. name of the Senator from New Hamp- name of the Senator from Colorado S. 1567 shire (Mrs. SHAHEEN) was added as a co- (Mr. BENNET) was added as a cosponsor At the request of Mr. PETERS, the sponsor of S. 2613, a bill to reauthorize of S. 290, a bill to amend title 38, name of the Senator from North Da- certain programs established by the United States Code, to improve the ac- kota (Ms. HEITKAMP) was added as a co- Adam Walsh Child Protection and countability of employees of the De- sponsor of S. 1567, a bill to amend title Safety Act of 2006. partment of Veterans Affairs, and for 10, United States Code, to provide for a S. 2640 other purposes. review of the characterization or terms At the request of Ms. MURKOWSKI, the S. 386 of discharge from the Armed Forces of name of the Senator from New Jersey At the request of Mr. THUNE, the individuals with mental health dis- (Mr. BOOKER) was added as a cosponsor name of the Senator from Georgia (Mr. orders alleged to affect terms of dis- of S. 2640, a bill to amend the market PERDUE) was added as a cosponsor of S. charge. name of genetically altered salmon in 386, a bill to limit the authority of S. 1856 the United States, and for other pur- poses. States to tax certain income of em- At the request of Mr. BLUMENTHAL, ployees for employment duties per- the name of the Senator from Cali- S. 2659 formed in other States. fornia (Mrs. BOXER) was added as a co- At the request of Mr. BURR, the name S. 391 sponsor of S. 1856, a bill to amend title of the Senator from Georgia (Mr. ISAK- At the request of Mr. PAUL, the name 38, United States Code, to provide for SON) was added as a cosponsor of S. of the Senator from Iowa (Mr. GRASS- suspension and removal of employees 2659, a bill to reaffirm that the Envi- LEY) was added as a cosponsor of S. 391, of the Department of Veterans Affairs ronmental Protection Agency cannot a bill to preserve and protect the free for performance or misconduct that is regulate vehicles used solely for com- choice of individual employees to form, a threat to public health or safety and petition, and for other purposes. join, or assist labor organizations, or to improve accountability of employ- S. 2680 to refrain from such activities. ees of the Department, and for other At the request of Mr. ALEXANDER, the S. 677 purposes. names of the Senator from Louisiana At the request of Mrs. BOXER, the (Mr. VITTER) and the Senator from S. 1982 name of the Senator from Michigan Minnesota (Mr. FRANKEN) were added At the request of Mr. CARDIN, the (Mr. PETERS) was added as a cosponsor as cosponsors of S. 2680, a bill to amend name of the Senator from New Jersey of S. 677, a bill to prohibit the applica- the Public Health Service Act to pro- (Mr. BOOKER) was added as a cosponsor tion of certain restrictive eligibility vide comprehensive mental health re- of S. 1982, a bill to authorize a Wall of requirements to foreign nongovern- form, and for other purposes. Remembrance as part of the Korean mental organizations with respect to War Veterans Memorial and to allow S. 2702 the provision of assistance under part I certain private contributions to fund At the request of Mr. BURR, the name of the Foreign Assistance Act of 1961. the Wall of Remembrance. of the Senator from Kansas (Mr. S. 979 MORAN) was added as a cosponsor of S. S. 2108 At the request of Mr. NELSON, the 2702, a bill to amend the Internal Rev- names of the Senator from Vermont At the request of Mr. TOOMEY, the enue Code of 1986 to allow individuals (Mr. SANDERS) and the Senator from name of the Senator from Pennsyl- with disabilities to save additional Missouri (Mr. BLUNT) were added as co- vania (Mr. CASEY) was added as a co- amounts in their ABLE accounts above sponsors of S. 979, a bill to amend title sponsor of S. 2108, a bill to amend title the current annual maximum contribu- 10, United States Code, to repeal the XVIII of the Social Security Act to tion if they work and earn income. provide for an extension of certain requirement for reduction of survivor S. 2707 long-term care hospital payment rules annuities under the Survivor Benefit At the request of Mr. SCOTT, the and the moratorium on the establish- Plan by veterans’ dependency and in- names of the Senator from Kansas (Mr. ment of certain hospitals and facilities. demnity compensation, and for other MORAN), the Senator from Colorado S. 2151 purposes. (Mr. GARDNER) and the Senator from S. 1002 At the request of Mr. THUNE, the Wisconsin (Mr. JOHNSON) were added as At the request of Mr. CARDIN, the name of the Senator from Alaska (Ms. cosponsors of S. 2707, a bill to require name of the Senator from Louisiana MURKOWSKI) was added as a cosponsor the Secretary of Labor to nullify the (Mr. VITTER) was added as a cosponsor of S. 2151, a bill to amend the Public proposed rule regarding defining and of S. 1002, a bill to amend the Internal Health Service Act to provide liability delimiting the exemptions for execu- Revenue Code of 1986 to provide for col- protections for volunteer practitioners tive, administrative, professional, out- legiate housing and infrastructure at health centers under section 330 of side sales, and computer employees, to grants. such Act. require the Secretary of Labor to con- S. 1555 S. 2217 duct a full and complete economic At the request of Ms. HIRONO, the At the request of Mr. BLUNT, the analysis with improved economic data names of the Senator from New Jersey name of the Senator from South Caro- on small businesses, nonprofit employ- (Mr. BOOKER) and the Senator from lina (Mr. SCOTT) was added as a cospon- ers, Medicare or Medicaid dependent South Dakota (Mr. ROUNDS) were added sor of S. 2217, a bill to amend the Fed- health care providers, and small gov- as cosponsors of S. 1555, a bill to award eral Food, Drug, and Cosmetic Act to ernmental jurisdictions, and all other a Congressional Gold Medal, collec- improve and clarify certain disclosure employers, and minimize the impact on tively, to the Filipino veterans of requirements for restaurants and simi- such employers, before promulgating World War II, in recognition of the lar retail food establishments, and to any substantially similar rule, and to dedicated service of the veterans dur- amend the authority to bring pro- provide a rule of construction regard- ing World War II. ceedings under section 403A. ing the salary threshold exemption

VerDate Sep 11 2014 04:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.021 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2199 under the Fair Labor Standards Act of S. RES. 368 among children is still a huge problem 1938, and for other purposes. At the request of Mr. CARDIN, the in this country. This is unacceptable, S. 2746 name of the Senator from Florida (Mr. which is why I have long sought to im- At the request of Ms. AYOTTE, the NELSON) was added as a cosponsor of S. prove and maximize federal finding for name of the Senator from Georgia (Mr. Res. 368, a resolution supporting efforts lead poisoning prevention programs. PERDUE) was added as a cosponsor of S. by the Government of Colombia to pur- The Title X Amendments Act makes 2746, a bill to establish various prohibi- sue peace and the end of the country’s important improvements to lead poi- tions regarding the transfer or release enduring internal armed conflict and soning prevention programs at HUD to of individuals detained at United recognizing United States support for better serve low income families at States Naval Station, Guantanamo Colombia at the 15th anniversary of risk for lead poisoning. It would pro- Bay, Cuba, and with respect to United Plan Colombia. vide HUD with the necessary authority States Naval Station, Guantanamo S. RES. 373 to continue to carry out healthy hous- Bay, and for other purposes. At the request of Ms. HIRONO, the ing activities while protecting impor- tant ongoing lead remediation efforts, S. 2750 names of the Senator from Vermont allow grantees to improve the condi- At the request of Mr. THUNE, the (Mr. SANDERS), the Senator from New tions in zero-bedroom units, and names of the Senator from Michigan Hampshire (Mrs. SHAHEEN) and the streamline eligibility for assistance. (Ms. STABENOW) and the Senator from Senator from Delaware (Mr. COONS) These are simple, yet necessary re- Michigan (Mr. PETERS) were added as were added as cosponsors of S. Res. 373, forms designed to improve and expand cosponsors of S. 2750, a bill to amend a resolution recognizing the historical cost-effective services, and I look for- the Internal Revenue Code to extend significance of Executive Order 9066 ward to working with my colleagues to and modify certain charitable tax pro- and expressing the sense of the Senate that policies that discriminate against see them enacted. visions. It is also vital that we continue the S. 2782 any individual based on the actual or perceived race, ethnicity, national ori- type of collaboration and coordination At the request of Mr. BLUNT, the among Federal departments and agen- name of the Senator from Indiana (Mr. gin, or religion of that individual would be a repetition of the mistakes cies, like HUD, HHS, EPA, and CDC, DONNELLY) was added as a cosponsor of that resulted in the Strategy for Ac- S. 2782, a bill to amend the Public of Executive Order 9066 and contrary to the values of the United States. tion to Advance Healthy Homes. In- Health Service Act to provide for the deed, there are many programs frag- AMENDMENT NO. 3787 participation of pediatric subspecial- mented across multiple agencies that ists in the National Health Service At the request of Mr. MCCONNELL, his are responsible for addressing housing- Corps program, and for other purposes. name was added as a cosponsor of related health hazards like lead and amendment No. 3787 proposed to S. S. 2788 radon, and we should strive to improve 2012, an original bill to provide for the At the request of Mr. INHOFE, the the efficiency and efficacy of these ef- name of the Senator from Arkansas modernization of the energy policy of forts by ensuring that these agencies the United States, and for other pur- (Mr. BOOZMAN) was added as a cospon- continue to work together. sor of S. 2788, a bill to prohibit closure poses. The Healthy Housing Council Act of United States Naval Station, Guan- f would establish an independent inter- agency Council on Healthy Housing in tanamo Bay, Cuba, to prohibit the STATEMENTS ON INTRODUCED the executive branch in order to im- transfer or release of detainees at that BILLS AND JOINT RESOLUTIONS Naval Station to the United States, prove coordination, bring existing ef- and for other purposes. By Mr. REED: forts out of their respective silos, and S. 2818. A bill to reduce housing-re- S. 2790 reduce duplication. lated health hazards, and for other pur- The bill calls for the council to con- At the request of Mr. BLUNT, his poses; to the Committee on Banking, name was added as a cosponsor of S. vene periodic meetings with experts in Housing, and Urban Affairs. 2790, a bill to provide requirements for the public and private sectors to dis- Mr. REED. Mr. President, today I am the appropriate Federal banking agen- cuss ways to educate individuals and introducing two bills pertaining to cies when requesting or ordering a de- families on how to recognize housing- healthy housing, the Healthy Housing pository institution to terminate a spe- related health hazards and access the Council Act and the Title X Amend- cific customer account, to provide for necessary services and preventive ments Act. These bills seek to improve additional requirements related to sub- measures to combat these hazards. The federal coordination of healthy housing poenas issued under the Financial In- council would also be required to hold efforts and better integrate healthy stitutions Reform, Recovery, and En- biannual stakeholder meetings, main- housing activities into the ongoing forcement Act of 1989, and for other tain an updated website, and work to lead poisoning prevention work at the purposes. unify healthy housing data collection. Department of Housing and Urban De- In addition to the 23 million homes S. 2808 velopment. with lead-based paint hazards, there At the request of Mr. INHOFE, the The crisis in Flint, Michigan reaf- are nearly 6 million households with name of the Senator from Missouri firms a tragic reality; millions of moderate or severe health hazards, re- (Mr. BLUNT) was added as a cosponsor Americans, including thousands of sulting in approximately 22,600 unin- of S. 2808, a bill to amend the John F. children and families in Rhode Island, tentional injury and fire deaths and Kennedy Center Act to authorize ap- remain at risk from lead exposure. For 21,000 radon-associated lung cancer propriations for the John F. Kennedy example, Rhode Island has the highest deaths every year. These bills seek to Center for the Performing Arts. percentage of low-income children liv- tackle these numbers, which con- S.J. RES. 33 ing in older housing, which poses tribute to increasing health care costs At the request of Mr. ISAKSON, the health risks for these children because for individuals and families, as well as names of the Senator from South Da- of the lead paint used in these older for Federal, State, and local govern- kota (Mr. ROUNDS) and the Senator homes. Fortunately, Rhode Island has ments. from Tennessee (Mr. CORKER) were been a national leader in working to The presence of housing-related added as cosponsors of S.J. Res. 33, a reduce lead hazards and bring down health hazards is often overlooked and joint resolution providing for congres- childhood lead poisoning rates. The yet these hazards are sometimes the sional disapproval under chapter 8 of number of children with elevated blood cause of a variety of preventable dis- title 5, United States Code, of the rule lead levels has been steadily declining eases and conditions like cancer, lead submitted by the Department of Labor in all areas of Rhode Island over the poisoning, and asthma. Promoting low- relating to the definition of the term last decade, from 212 children under the cost measures to eliminate subpar ‘‘fiduciary’’ and the conflict of interest age of 6 in 2005 to 42 children in 2015. housing can make a dramatic and rule with respect to retirement invest- But as we have seen this year with the meaningful difference in the lives of ment advice. tragedy in Flint, MI, lead poisoning children and families and help reduce

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I am pleased that the (2) congratulates the National 4-H Council through direct, bilateral negotiations be- National Center for Healthy Housing on its ‘‘Grow True Leaders’’ campaign; and tween Israel and the Palestinians; supports both of these bills and I look (3) supports the efforts of the National 4-H (2) the United Nations cannot be a truly forward to working with my colleagues Council to grow and diversify the 4-H pro- neutral arbiter of the Israeli-Palestinian gram. conflict; and to move this legislation forward. f (3) the United States Government should f continue to uphold its practice of vetoing SENATE CONCURRENT RESOLU- SUBMITTED RESOLUTIONS any United Nations Security Council resolu- TION 35—EXPRESSING THE tion that inserts the Council into the peace SENSE OF CONGRESS THAT THE process, unilaterally recognizes a Pales- SENATE RESOLUTION 431—RECOG- UNITED STATES SHOULD CON- tinian state, makes declarations concerning Israeli controlled territories, or dictates NIZING THE IMMEASURABLE TINUE TO EXERCISE ITS VETO IN THE UNITED NATIONS SECU- terms and a timeline for the Israeli-Pales- BENEFITS OF THE NATIONAL 4-H tinian peace process. PROGRAM TO THE YOUNG PEO- RITY COUNCIL ON RESOLUTIONS PLE OF THE UNITED STATES REGARDING THE ISRAELI-PALES- f AND SUPPORTING THE CAM- TINIAN PEACE PROCESS AMENDMENTS SUBMITTED AND PAIGN TO EXPAND THE 4-H PRO- Mr. RUBIO (for himself and Mr. PROPOSED GRAM MANCHIN) submitted the following con- current resolution; which was referred SA 3799. Mr. THUNE submitted an amend- Mr. WICKER (for himself, Ms. to the Committee on Foreign Rela- ment intended to be proposed by him to the HEITKAMP, Mr. ALEXANDER, Ms. BALD- tions: bill H.R. 636, to amend title 49, United States WIN, Mr. BARRASSO, Mr. BLUNT, Mr. S. CON. RES. 35 Code, to authorize appropriations for the BOOZMAN, Mr. BROWN, Mrs. CAPITO, Mr. Federal Aviation Administration for fiscal Whereas it is long-standing practice of the CASEY, Mr. CASSIDY, Mr. COCHRAN, Mr. years 2016 through 2017, and for other pur- United States Government that a peaceful poses. COONS, Mr. CORNYN, Mr. CRAPO, Mr. resolution to the Israeli-Palestinian conflict SA 3800. Mr. REED submitted an amend- DAINES, Mr. DONNELLY, Mr. ENZI, Mr. must come through direct, bilateral negotia- ment intended to be proposed to amendment GARDNER, Mr. ISAKSON, Mr. KIRK, Mr. tions between the two parties; 3679 proposed by Mr. MCCONNELL (for Mr. KING, Mr. MCCAIN, Mr. MORAN, Ms. Whereas President Barack Obama has stat- THUNE (for himself and Mr. NELSON)) to the ed this longstanding practice at the United MURKOWSKI, Mr. PETERS, Mr. RISCH, bill H.R. 636, supra; which was ordered to lie Nations General Assembly in 2011, expressing Mr. ROBERTS, Ms. STABENOW, Mr. on the table. ‘‘genuine peace can only be realized between TILLIS, Mr. UDALL, Mr. VITTER, Mr. the Israelis and the Palestinians them- f MERKLEY, Mrs. ERNST, and Mr. INHOFE) selves’’; submitted the following resolution; Whereas it is long-standing practice of the TEXT OF AMENDMENTS which was considered and agreed to: United States Government to veto any S. RES. 431 United Nations Security Council resolution SA 3799. Mr. THUNE submitted an amendment intended to be proposed by Whereas in the late 1800s, 4-H clubs devel- dictating terms, conditions, and timelines on oped in rural communities to promote agri- the peace process; him to the bill H.R. 636, to amend title cultural education among young people; Whereas President Barack Obama also ex- 49, United States Code, to authorize ap- Whereas the Smith-Lever Act (7 U.S.C. 341 pressed before the United Nations General propriations for the Federal Aviation et seq.) established the cooperative exten- Assembly in 2011, that ‘‘peace will not come Administration for fiscal years 2016 sion services, which resulted in a national 4- through statements and resolutions at the United Nations – if it were that easy, it through 2017, and for other purposes; as H program; follows: Whereas the 4-H program and pledge are would have been accomplished by now’’; Amend the title so as to read: ‘‘An Act to based on the values of community service, Whereas Yasser Arafat committed by let- ter dated September 9, 1993, to then Prime amend title 49, United States Code, to au- public leadership, and healthful living; Minister Yitzhak Rabin, ‘‘The PLO commits thorize appropriations for the Federal Avia- Whereas 4-H has played an indispensable itself to the Middle East peace process and to tion Administration for fiscal years 2016 role in shaping the lives of young leaders in the peaceful resolution of the conflict be- through 2017, and for other purposes.’’. rural areas of the United States for over 100 tween the two sides and declares that all years; outstanding issues relating to permanent Whereas nearly 6,000,000 young people are SA 3800. Mr. REED submitted an status will be resolved by negotiation.’’; currently involved in 4-H, 40 percent of amendment intended to be proposed to Whereas the United States has vetoed 42 whom are from urban and suburban back- amendment SA 3679 proposed by Mr. unconstructive, anti-Israel resolutions in the grounds; MCCONNELL (for Mr. THUNE (for himself United Nations Security Council since 1972; Whereas the 4-H program has evolved to in- Whereas after the United States voted and Mr. NELSON)) to the bill H.R. 636, clude opportunities for 4-H youth to become against a resolution on Palestinian state- to amend title 49, United States Code, proficient in— hood, the United States Ambassador to the to authorize appropriations for the (1) science, technology, engineering, and United Nations, Samantha Power, said the Federal Aviation Administration for math (STEM); and proposal was ‘‘deeply unbalanced’’, had (2) citizenship and public speaking; fiscal years 2016 through 2017, and for ‘‘unconstructive deadlines’’, and failed to Whereas young people who participate in 4- other purposes; which was ordered to take ‘‘account of Israel’s security concerns’’; lie on the table; as follows: H are twice as likely as their peers who are Whereas the United Nations is not the ap- not involved in 4-H— propriate venue and should not be a forum At the appropriate place, insert the fol- (1) to be civically engaged; used for seeking unilateral action, recogni- lowing: (2) to participate in science, engineering, tion, or dictating guidelines on the Israeli– SEC. ll. REIMBURSEMENT FOR AIRPORT SECU- and computer technology programs outside Palestinian peace process; RITY PROJECTS. of school; and Whereas in the two most recently com- Paragraph (3) of section 44923(h) is amend- (3) to make healthful life choices; pleted United Nations General Assembly ses- ed to read as follows: Whereas the National 4-H Congress, Na- sions, 21 of the 25 (68th Session) and 20 of the ‘‘(3) DISCRETIONARY GRANTS.— tional 4-H Conference, and Citizenship Wash- 23 (69th Session) resolutions attacked Israel; ‘‘(A) IN GENERAL.—Of the amount made ington Focus give hundreds of young people Whereas the human rights bodies and agen- available under paragraph (1) for a fiscal who participate in 4-H the opportunity to ex- cies of the United Nations, such as the year, up to $ 50,000,000 shall be used to make ercise leadership skills nationally and to United Nations Human Rights Council, have discretionary grants, including other trans- learn about the history and government of consistently demonstrated unwarranted bias action agreements for airport security im- the United States; and against Israel; and provement projects, with priority given to Whereas in April 2016, the National 4-H Whereas since 2006, 7 of the 23 Council’s small hub airports and nonhub airports. Council launched a ‘‘Grow True Leaders’’ sessions have focused on Israel and 61 of ‘‘(B) REIMBURSEMENT.—For each of the fis- campaign to expand the benefits of 4-H to their 116 condemnations have unfairly sin- cal years 2018 through 2022, of the amount more communities, with the goal of creating gled out and targeted Israel: Now, therefore, available under paragraph (1), up to 10,000,000 True Leaders by 2025: Now, there- be it $10,000,000 shall be made available for reim- fore, be it Resolved by the Senate (the House of Rep- bursement to airports that have incurred eli- Resolved, That the Senate— resentatives concurring), That it is the sense gible costs under section 1604(b)(2) of the Im- (1) recognizes 4-H as a vital organization of Congress that— plementing Recommendations of the 9/11 for training the next generation for national (1) a durable resolution to the Israeli-Pal- Commission Act of 2007 (Public Law 110–53; leadership; estinian peace process can only come 121 Stat. 481).’’.

VerDate Sep 11 2014 04:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.026 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 19, 2016 CONGRESSIONAL RECORD — SENATE S2201 AUTHORITY FOR COMMITTEES TO COCHRAN’s office, be granted floor present grieving families with a sym- MEET privileges through the remainder of the bol of our gratitude. This legislation has been endorsed by COMMITTEE ON ARMED SERVICES 114th Congress. the National Fraternal Order of Police Mr. ISAKSON. Mr. President, I ask The PRESIDING OFFICER. Without and the Sergeants Benevolent Associa- unanimous consent that the Com- objection, it is so ordered. tion. I ask unanimous consent that mittee on Armed Services be author- Mr. BENNET. Mr. President, I ask their letters of support be printed in ized to meet during the session of the unanimous consent that Marion the RECORD following my statement. Senate on April 19, 2016, at 9:30 a.m. Wittmann, a fellow in my office, be given floor privileges for the remainder I would like to thank all my col- The PRESIDING OFFICER. Without leagues who cosponsored this legisla- objection, it is so ordered. of this session of the Congress. The PRESIDING OFFICER. Without tion, particularly our ranking member COMMITTEE ON ENVIRONMENT AND PUBLIC objection, it is so ordered. of the Rules Committee, Senator SCHU- WORKS f MER. I would also like to thank Con- Mr. ISAKSON. Mr. President, I ask gressman PETER KING, who has cham- unanimous consent that the Com- FALLEN HEROES FLAG ACT OF pioned this cause in the other body for mittee on Environment and Public 2016 many years. This legislation includes Works be authorized to meet during Mr. JOHNSON. Mr. President, I ask some revisions to the previously passed the session of the Senate on April 19, unanimous consent that the Com- version in the House, but I expect they 2016, at 10 a.m., in room SD–406 of the mittee on Senate Rules and Adminis- will be agreeable to the other body. Dirksen Senate Office Building, to con- tration be discharged from further con- I hope both bodies will pass this leg- duct a hearing entitled, ‘‘Examining sideration of S. 2755 and the Senate islation quickly and send it on to the the President’s FY 2017 budget request proceed to its immediate consider- President for his signature. for the U.S. Environmental Protection ation. Thank you. Agency.’’ The PRESIDING OFFICER. Without There being no objection, the mate- The PRESIDING OFFICER. Without objection, it is so ordered. rial was ordered to be printed in the objection, it is so ordered. The clerk will report the bill by title. RECORD, as follows: COMMITTEE ON FOREIGN RELATIONS The senior assistant legislative clerk SERGEANTS BENEVOLENT ASSOCIA- Mr. ISAKSON. Mr. President, I ask read as follows: TION, POLICE DEPARTMENT, CITY OF NEW YORK, unanimous consent that the Com- A bill (S. 2755) to provide Capitol-flown mittee on Foreign Relations be author- New York, NY, April 7, 2016. flags to the immediate family of firefighters, Hon. ROY BLUNT, ized to meet during the session of the law enforcement officers, members of rescue Chairman, Committee on Rules, Senate on April 19, 2016, at 10 a.m., to squads or ambulance crews, and public safety U.S. Senate, Washington, DC. conduct a hearing entitled, ‘‘Central officers who are killed in the line of duty. Hon. CHARLES SCHUMER, America and the Alliance for Pros- There being no objection, the Senate Ranking Member, Committee on Rules, perity: Identifying U.S. Priorities and proceeded to consider the bill. U.S. Senate, Washington, DC. Assessing Progress.’’ Mr. BLUNT. Mr. President, I ask my DEAR MR. CHAIRMAN AND SENATOR SCHU- The PRESIDING OFFICER. Without colleagues to support the Fallen Heroes MER, I am writing on behalf of the more than 13,000 active and retired members of the Ser- objection, it is so ordered. Flag Act of 2016, S. 2755. This bipar- geants Benevolent Association of the New COMMITTEE ON HOMELAND SECURITY AND tisan legislation will create a program York City Police Department to advise you GOVERNMENTAL AFFAIRS to provide Capitol-flown flags to the of our strong support for the ‘‘Fallen Heroes Mr. ISAKSON. Mr. President, I ask immediate family members of fire- Flag Act.’’ We appreciate your leadership on unanimous consent that the Com- fighters, law enforcement officers, this legislation to honor those law enforce- mittee on Homeland Security and Gov- members of rescue squads or ambu- ment officers and other first responders who ernmental Affairs be authorized to lance crews, and public safety officers have lost their lives protecting their fellow citizens. meet during the session of the Senate who are killed in the line of duty. In the first four months of 2016 alone, thir- on April 19, 2016, at 10 a.m., to conduct These flags are provided at no cost to ty federal, state, and local law enforcement a hearing entitled, ‘‘Preventing Drug the family and will come with a certifi- officers have fallen in the line of duty. Ac- Trafficking through International cate from the Senate, signed by the cording to the National Law Enforcement Mail.’’ providing Member and President pro Officers Memorial Fund, sixteen of these of- The PRESIDING OFFICER. Without tempore, which contains our expression ficers perished in firearms-related incidents. objection, it is so ordered. of sympathy for the grieving family. Statistics such as these are a sobering re- minder of the sacrifices that are made daily SELECT COMMITTEE ON INTELLIGENCE Certificates coming from the other by our first responders. These men and Mr. ISAKSON. Mr. President, I ask body will be signed by the Speaker of women, as well as countless others who have unanimous consent that the Select the House and the providing House lost their lives in the line of duty, have Committee on Intelligence be author- Member and express the sympathy of earned the right to be honored for their her- ized to meet during the session of the the House of Representatives. oism. Senate on April 19, 2016, at 2:30 p.m., in I hope all my colleagues will join me The legislation that you have introduced would provide this opportunity by allowing room SH–2196 of the Hart Senate Office in support of this legislation. Our first responders make tremendous sacrifices the surviving family of a law enforcement of- Building. ficer, firefighter, or EMT who dies in the line The PRESIDING OFFICER. Without for our communities. If one of them of duty to request that an American flag be objection, it is so ordered. makes the ultimate sacrifice, the least flown over the U.S. Capitol in honor of their SUBCOMMITTEE ON EMERGING THREATS AND we can do to recognize their life, show fallen family member. The flag would be pro- CAPABILITIES our gratitude, and express our sym- vided to the family without cost, and would Mr. ISAKSON. Mr. President, I ask pathy for their family is present them include a signed certificate with an expres- unanimous consent that the Sub- with a flag flown over this building. sion of sympathy for the family involved. It is a simple yet extremely meaningful way to committee on Emerging Threats and Under existing rules, Senate offices may not use official funds to send flags demonstrate to surviving families our rec- Capabilities of the Committee on ognition of and gratitude for the tremendous Armed Services be authorized to meet to individuals. This legislation author- sacrifice their loved one made to keep our during the session of the Senate on izes a new program, administered by nation safe. April 19, 2016, at 2:30 p.m. the Architect of the Capitol, that will On behalf of the membership of the Ser- The PRESIDING OFFICER. Without make it possible for families who have geants Benevolent Association, thank you objection, it is so ordered. lost a loved one in these circumstances again for your leadership on this important issue. Please do not hesitate to contact me, f to request and receive a Capitol-flown flag at no expense. We are all grateful or our Washington Representatives Andrew PRIVILEGES OF THE FLOOR Siff and Chris Granberg, if we can be of any for the sacrifices these dedicated public further assistance. Mr. ISAKSON. Mr. President, I ask servants make every day to serve and Sincerely, unanimous consent that the Coast protect our communities, and this leg- ED MULLINS, Guard Fellow, John Ariail, in Senator islation will make it possible to President.

VerDate Sep 11 2014 04:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A19AP6.032 S19APPT1 emcdonald on DSK67QTVN1PROD with SENATE S2202 CONGRESSIONAL RECORD — SENATE April 19, 2016 NATIONAL FRATERNAL ORDER OF POLICE, tion, as a law enforcement officer, as a fire- laid upon the table with no intervening Washington, DC, 7 April 2016. fighter, or as a chaplain; and action or debate. Hon. ROY D. BLUNT, (5) the term ‘‘Representative’’ includes a The PRESIDING OFFICER. Without Chairman, Committee on Rules and Administra- Delegate or Resident Commissioner to the objection, it is so ordered. tion, U.S. Senate, Washington, DC. Congress. The bill (H.R. 2722) was ordered to a DEAR MR. CHAIRMAN, I am writing on be- SEC. 3. PROVIDING CAPITOL-FLOWN FLAGS FOR half of the members of the Fraternal Order FAMILIES OF FALLEN HEROES. third reading, was read the third time, of Police to advise you of our support for S. (a) IN GENERAL.—At the request of an im- and passed. 2755, the ‘‘Fallen Heroes Flag Act of 2016.’’ mediate family member of a firefighter, law This legislation will provide a flag flown enforcement officer, member of a rescue f over the U.S. Capitol and a certificate con- squad or ambulance crew, or public safety of- taining an expression of sympathy to the im- ficer who died in the line of duty, the Rep- RECOGNIZING THE IMMEAS- mediate family member of a firefighter, law resentative or Senator of the family may URABLE BENEFITS OF THE NA- enforcement officer, member of a rescue provide to the family a Capitol-flown flag, TIONAL 4–H PROGRAM TO THE squad or ambulance crew, or public safety of- together with the certificate described in YOUNG PEOPLE OF THE UNITED ficer who died in the line of duty. subsection (c). STATES Every day thousands of men and women (b) NO COST TO FAMILY.—A Capitol-flown put their lives on the line to help others and flag provided under this section shall be pro- Mr. JOHNSON. Mr. President, I ask keep their communities safe. It takes a spe- vided at no cost to the family. unanimous consent that the Senate cial person who is willing to sacrifice his/her (c) CERTIFICATE.—The certificate described proceed to the consideration of S. Res. life to run towards danger, while everyone in this subsection is a certificate which is 431, submitted earlier today. else is running away from it. Mr. Chairman, signed by the Speaker of the House of Rep- The PRESIDING OFFICER. The as co-chair of the Law Enforcement Caucus, resentatives and the Representative, or the clerk will report the resolution by you know how important it is to honor the President pro tempore of the Senate and the commitment and sacrifice of the men and Senator, providing the Capitol-flown flag, as title. women who died protecting their commu- applicable, and which contains an expression The senior assistant legislative clerk nities and that of their families. of sympathy for the family involved from the read as follows: Nothing can take away the pain or replace House of Representatives or the Senate, as A resolution (S. Res. 431) recognizing the a loved one whose life has been unjustly applicable. immeasurable benefits of the national 4–H taken. What we can offer is our deepest con- SEC. 4. REGULATIONS AND PROCEDURES. program to the young people of the United dolences and a symbol of our infinite grati- (a) IN GENERAL.—Not later than 30 days States and supporting the campaign to ex- tude. This legislation ensures that the he- after the date of enactment of this Act, the pand the 4–H program. roes and their families who gave the ulti- Architect of the Capitol shall issue regula- mate sacrifice are honored and recognized. There being no objection, the Senate tions for carrying out this Act, including proceeded to consider the resolution. On behalf of more than 330,000 members of regulations to establish procedures (includ- the Fraternal Order of Police, I want to ing any appropriate forms, guidelines, and Mr. JOHNSON. Mr. President, I ask thank you for introducing this legislation accompanying certificates) for requesting a unanimous consent that the resolution and amendment. If I can be of any further Capitol-flown flag. be agreed to, the preamble be agreed help, please do not hesitate to contact me or (b) REVIEW.—The regulations issued under to, and the motions to reconsider be Executive Director Jim Pasco in my Wash- subsection (a) shall take effect upon ap- considered made and laid upon the ington Office. proval by the Committee on House Adminis- table with no intervening action or de- Sincerely, tration of the House of Representatives and CHUCK CANTERBURY, bate. the Committee on Rules and Administration The PRESIDING OFFICER. Without National President. of the Senate. Mr. JOHNSON. Mr. President, I fur- objection, it is so ordered. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. The resolution (S. Res. 431) was ther ask unanimous consent that the There are authorized to be appropriated for bill be read a third time and passed and each of fiscal years 2017 through 2022 such agreed to. the motion to reconsider be considered sums as may be necessary to carry out this The preamble was agreed to. made and laid upon the table with no Act, to be derived from amounts appro- (The resolution, with its preamble, is intervening action or debate. priated in each such fiscal year for the oper- printed in today’s RECORD under ‘‘Sub- ation of the Architect of the Capitol, except mitted Resolutions.’’) The PRESIDING OFFICER. Without that the aggregate amount appropriated to objection, it is so ordered. carry out this Act for all such fiscal years f The bill (S. 2755) was ordered to be may not exceed $40,000. engrossed for a third reading, was read SEC. 6. EFFECTIVE DATE. ORDERS FOR WEDNESDAY, APRIL the third time, and passed, as follows: This Act shall take effect on the date of 20, 2016 enactment of this Act, except that a Capitol- S. 2755 Mr. JOHNSON. Mr. President, I ask Be it enacted by the Senate and House of Rep- flown flag may not be provided under section 3 until the regulations issued under section unanimous consent that when the Sen- resentatives of the United States of America in ate completes its business today, it ad- Congress assembled, 4(a) take effect in accordance with section 4(b). journ until 9:30 a.m., Wednesday, April SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Fallen He- f 20; that following the prayer and roes Flag Act of 2016’’. pledge, the morning hour be deemed BREAST CANCER AWARENESS expired, the Journal of proceedings be SEC. 2. DEFINITIONS. COMMEMORATIVE COIN ACT In this Act— approved to date, and the time for the (1) the term ‘‘Capitol-flown flag’’ means a Mr. JOHNSON. Mr. President, I ask two leaders be reserved for their use flag of the United States flown over the Cap- unanimous consent that the Banking, later in the day; further, that following itol in honor of the deceased individual for Housing, and Urban Affairs Committee leader remarks, the Senate resume whom the flag is requested; be discharged from further consider- consideration of S. 2012. (2) the terms ‘‘chaplain’’, ‘‘firefighter’’, ation of H.R. 2722 and the Senate pro- The PRESIDING OFFICER. Without ‘‘law enforcement officer’’, ‘‘member of a ceed to its immediate consideration. objection, it is so ordered. rescue squad or ambulance crew’’, and ‘‘pub- The PRESIDING OFFICER. The lic agency’’ have the meanings given such f terms in section 1204 of the Omnibus Crime clerk will report the bill by title. The senior assistant legislative clerk Control and Safe Streets Act of 1968 (42 ADJOURNMENT UNTIL 9:30 A.M. U.S.C. 3796b); read as follows: (3) the term ‘‘immediate family member’’, A bill (H.R. 2722) to require the Secretary TOMORROW with respect to an individual, means— of the Treasury to mint coins in recognition Mr. JOHNSON. Mr. President, if (A) the spouse, parent, brother, sister, or of the fight against breast cancer. there is no further business to come be- child of the individual or a person to whom There being no objection, the Senate fore the Senate, I ask unanimous con- the individual stands in loco parentis; or proceeded to consider the bill. sent that it stand adjourned under the (B) any other person related to the indi- vidual by blood or marriage; Mr. JOHNSON. I further ask unani- previous order. (4) the term ‘‘public safety officer’’ means mous consent that the bill be read a There being no objection, the Senate, an individual serving a public agency in an third time and passed and the motion at 6:50 p.m., adjourned until Wednes- official capacity, with or without compensa- to reconsider be considered made and day, April 20, 2016, at 9:30 a.m.

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TREATING SMALL AIRPORTS WITH If you wish further details on this esti- commercial airlines after January 1, 2013. FAIRNESS ACT OF 2016 mate, we will be pleased to provide them. Based on information from the agency, CBO The CBO staff contact is Megan Carroll. estimates that implementing the bill would SPEECH OF Sincerely, cost $33 million over the 2017–2021 period, as- KEITH HALL. suming appropriation of the necessary HON. MICHAEL T. McCAUL Enclosure. amounts. OF TEXAS H.R. 4549—Treating Small Airports with Fair- Pay-as-you-go procedures do not apply be- ness Act of 2016 IN THE HOUSE OF REPRESENTATIVES cause enacting H.R. 4549 would not affect di- Summary: Under current law, the Trans- rect spending or revenues. CBO estimates Wednesday, April 13, 2016 portation Security Administration (TSA) is that enacting the bill would not increase net Mr. MCCAUL. Mr. Speaker, I submit the fol- required to screen passengers and property direct spending or on-budget deficits in any lowing cost estimate from the Congressional on scheduled commercial flights and some of the four consecutive 10-year periods begin- charter flights involving aircraft that meet ning in 2027. Budget Office regarding H.R. 4549. certain capacity-related specifications. H.R. 4549 contains no intergovernmental or U.S. CONGRESS, Broadly speaking, the agency oversees or private-sector mandates in the Unfunded CONGRESSIONAL BUDGET OFFICE, conducts screening at most airports with Mandates Reform Act (UMRA) and would im- Washington, DC, April 13, 2016. commercial service; for all other airports, pose no costs on state, local, or tribal gov- Hon. MICHAEL MCCAUL, the agency uses a risk-based methodology Chairman, Committee on Homeland Security, for determining appropriate policies for se- ernments. House of Representatives, Washington, DC. curity-related screening of passengers and Estimated cost to the Federal Govern- DEAR MR. CHAIRMAN: The Congressional cargo. ment: The estimated budgetary effect of H.R. Budget Office has prepared the enclosed cost H.R. 4549 would require TSA to provide 4549 is shown in the following table. The estimate for H.R. 4549, the Treating Small screening services at certain airports that costs of this legislation fall within budget Airports with Fairness Act of 2016. lost or experienced a disruption in service by function 400 (transportation).

By fiscal year, in millions of dollars— 2017– 2017 2018 2019 2020 2021 2021

INCREASES IN SPENDING SUBJECT TO APPROPRIATION Estimated Authorization Level ...... 8 5 6 7 8 34 Estimated Outlays ...... 6 6 6 7 8 33

Basis of estimate: for this estimate, CBO sold—whether or not TSA performs security they did, I guarantee you most don’t have assumes that H.R. 4549 will be enacted before screening—and would be unaffected by this enough of legal background to recognize prob- the start of fiscal year 2017 and the esti- legislation. lem language when they read it. mated amounts will be appropriated each Pay-As-You-Go considerations: None. year. Increase in long-term direct spending and This is concerning and dangerous when we At the request of the operator of an airport deficits: CBO estimates that enacting H.R. consider that arbitration clauses are increas- that lost commercial air service after Janu- 4549 would not increase net direct spending ingly being inserted into consumer and em- ary 1, 2013, H.R. 4549 would require TSA to or on-budget deficits in any of the four con- ployment contracts. This allows companies to provide screening services at that airport. secutive 10-year periods beginning in 2027. circumvent the courts and bars people from According to the agency, 22 airports could Intergovernmental and private-sector im- joining together in class-action lawsuits. And become eligible for federal screening services pact: H.R. 4549 contains no intergovern- class action law suits are realistically one of under the bill, several of which have agree- mental or private-sector mandates as defined ments with commercial airlines to resume in UMRA and would impose no costs on the few tools citizens have to fight illegal or service in the near future. TSA has denied state, local, or tribal governments. deceitful business practices. requests from some of those airports to re- Estimate prepared by: Federal Costs: Applying for a credit card, using a sume screening services in the recent past Megan Carroll; Impact on state, local, and cellphone, getting cable or Internet service and CBO expects that under current law the tribal governments: Jon Sperl; Impact on the and you are likely agreeing to private arbitra- agency is unlikely to provide screening serv- Private Sector: Amy Petz. tion unknowingly. This is concerning because ices at such airports in the near future. As a Estimate approved by: H. Samuel result, CBO estimates that implementing Papenfuss, Deputy Assistant Director for arbitration is heavily weighted in favor of the H.R. 4549 would increase the cost of TSA’s Budget Analysis. more powerful party. Not only does the cor- poration that wrote the contract set the terms aviation security programs. f Based on information from TSA about av- of arbitration, but it also often decides on the erage screening-related costs for airports FORCED ARBITRATION arbitrator. Arbitrators do not have to be trained with characteristics similar to those that in the law, nor are they required to follow the would be affected by the bill, CBO estimates SPEECH OF law. that increased spending for aviation-related screening would total $6 million in 2017 and HON. DONALD S. BEYER, JR. Quite simply, arbitration lacks many of the $33 million over the 2017–2021 period. That OF VIRGINIA fundamental guarantees of fairness that a amount includes roughly $9 million in one- court provides. As a small business owner, I IN THE HOUSE OF REPRESENTATIVES time costs to acquire and install screening- view binding arbitration as plainly unfair to the related equipment and $24 million in ongoing Thursday, April 14, 2016 consumer and also unnecessary in the oper- personnel costs and other expenses. CBO ex- Mr. BEYER. Mr. Speaker, I stand here ation of a successful business practice. My pects that initially about one-third of the business currently operates successfully with- airports that would be eligible for screening today to express my opposition to the increas- services from TSA under the bill—particu- ing use of forced or binding arbitration. Most out engaging in the same predatory practice larly those with agreements from air car- Americans don’t even know about forced or for consumers. riers to resume commercial service—would binding arbitration until it happens to them. Lawyers can continually put together more apply for such services, with that number Clauses are buried in the fine print of every- sophisticatedly drafted agreements meaning doubling by 2021. day contracts and, before they know it, they courts routinely enforce such agreements. CBO also estimates that implementing H.R. 4549 would not affect security-related are unknowingly compelled to give up their That means we have a legally enforceable cul- fees collected by TSA to offset a portion of legal rights. Quite honestly, if we just take into ture that is reinforcing these one-sided provi- the agency’s screening costs. Such fees are consideration human behavior—most Ameri- sions which unfairly tilt the playing field in collected by air carriers from passengers cans don’t read the fine print even if they favor of one party. This is a practice we must when tickets for commercial flights are know they should. And let’s assume that if stop. I am here to say we must stop it. Let us

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

VerDate Sep 11 2014 06:15 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.001 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E512 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2016 stop this predatory practice on consumers and COMMEMORATING THE CENTEN- Mr. Speaker, on behalf of the United States bid binding arbitration a farewell. NIAL ANNIVERSARY OF THE Congress, it gives me great pleasure to com- CITY OF CRESTVIEW, FLORIDA memorate the Centennial Anniversary of f Crestview, Florida. My wife Vicki joins me in HON. JEFF MILLER congratulating all of those who have been for- NO RATE REGULATION OF OF FLORIDA tunate to call Crestview home throughout the BROADBAND INTERNET ACCESS IN THE HOUSE OF REPRESENTATIVES last century, and we wish them and the city ACT Tuesday, April 19, 2016 continued success. f Mr. MILLER of Florida. Mr. Speaker, I rise SPEECH OF to commemorate the Centennial Anniversary CELEBRATING THE ACHIEVE- of the City of Crestview, located in the Florida MENTS AND 70TH BIRTHDAY OF HON. CHRIS VAN HOLLEN Panhandle. THEODORE KATTOUF OF MARYLAND Situated on the peak of a long woodland IN THE HOUSE OF REPRESENTATIVES range between the Yellow and Shoal rivers HON. BILL SHUSTER and one of the highest points in the state, OF PENNSYLVANIA Friday, April 15, 2016 Crest View, or Crestview as it would soon be IN THE HOUSE OF REPRESENTATIVES combined, first earned its place on the map as Tuesday, April 19, 2016 The House in Committee of the Whole a railroad depot. Outgrowing neighboring com- House on the state of the Union had under Mr. SHUSTER. Mr. Speaker, I rise today to consideration the bill (H.R. 2666) to prohibit munities in both size and population, with a school, four general stores, and post office, celebrate the 70th birthday of Mr. Theodore the Federal Communications Commission Kattouf of Altoona, Pennsylvania. Mr. Kattouf from regulating the rates charged for where its first citizen Hamner F. ‘‘Doc’’ Powell broadband Internet access service: served as shipping clerk and railroad agent, has dedicated his life to serving our country, Crestview reached a population of 100 in and in so doing has achieved a uniquely dis- Mr. VAN HOLLEN. Mr. Chair, I rise in oppo- 1889. With a growing community, Crestview’s tinguished career. sition to H.R. 2666 the No Rate Regulation of early residents soon built a congregational Upon graduation from Penn State University Broadband Internet Access Act. Both Repub- church, where members of the community in 1968, Mr. Kattouf served in the United licans and Democrats agree that the FCC could practice their faith, as well as a drug States Army infantry for over three years and should not have the authority to establish store, hotel, and numerous small businesses. subsequently joined the Foreign Service in monthly rates for customers but I cannot vote During this time, industry in the area experi- 1972. Beginning in 1973, Mr. Kattouf served in favor of this bill. Republicans crafted a poor- enced a boom, particularly the turpentine and as the economic and commercial officer in Ku- ly written and overly broad bill that threatens lumber industry, which brought jobs and pros- wait, which then led to his assignment as a consumer protections. This is not the first time perity to the area. political officer to Damascus, the second larg- this Republican majority Congress has intro- Although the Crestview community contin- est city in Syria. Upon returning to the United duced legislation that is really a guise to strip ued to grow, the city did not formally incor- States, Mr. Kattouf became a Middle East an- administrative authority from agencies and to porate until April 11, 1916, when a group of alyst at the U.S. State Department. Mr. Kattouf weaken consumer protection laws. I will con- citizens gathered at the congregational church returned abroad from 1983 to 1986, serving in tinue to fight efforts to erode consumer rights to vote on the question of incorporating the Baghdad as the Deputy Chief of Mission. Mr. and protections. Town of Crestview. With Crestview’s residents Kattouf has spent numerous years working voting in favor of incorporation, the newly abroad with distinguished titles such as: Dep- f formed Crestview Town Council met for the uty Chief of Mission, Deputy Chief of Mission first time on April 18, 1916, with the city’s first in Damascus, Deputy Chief of Mission in Ri- IN RECOGNITION OF JOSEPH Mayor W.R. White presiding over the meeting. yadh, and Charge d’Affaires. His international ROCKS The previous year, following the creation of work is not to be overshadowed by his work Okaloosa County in 1915, Florida State Rep- in the United States, which included Deputy resentative William Mapoles, known as ‘‘The Director and Director of Lebanon, Jordan and HON. PATRICK MEEHAN Father of Okaloosa County,’’ moved to Syrian Affairs, and President and CEO of OF PENNSYLVANIA Crestview from Laurel Hill and became the AMIDEAST. driving force behind the movement to eventu- Additionally, under President Clinton, Mr. IN THE HOUSE OF REPRESENTATIVES ally establish Crestview as the county seat in Kattouf was nominated and confirmed as Am- Tuesday, April 19, 2016 1917. bassador to the United Arab Emirates in 1998. Throughout the one hundred years to follow, Later, in 2001, he was confirmed as Ambas- Mr. MEEHAN. Mr. Speaker, I rise today to businesses flourished, and Crestview became sador to Syria, having received a nomination recognize Joseph Rocks, former Pennsylvania Okaloosa County’s largest municipality and for the post from President Bush. State Senator and Pennsylvania State Rep- the only municipality between Pensacola and Over the years, Theodore has encouraged resentative, who is retiring after a long career Tallahassee with a Sister City (Noirmoutier-en- international cooperation through his work as in public service. l’Iˆle, France). Crestview also became a major a U.S. Ambassador for the UAE and Syria. Mr. Kattouf has also received numerous Mr. Rocks served as a member of the transportation hub and has also long been awards, highlighting his dedication and advo- Pennsylvania House of Representatives be- home to servicemembers and veterans. cacy efforts, some of which include: the Cobb fore joining the Pennsylvania State Senate. Crestview’s citizens make every effort to en- Award, two Meritorious Honor Awards, four During his decade of service there, Mr. Rocks sure that those who wear the uniform are thanked for their service and sacrifice. In fact, Senior Performance Awards, and one Presi- led the creation of the Pennsylvania Intergov- dential Honor Award. ernmental Cooperation Authority, which pro- Crestview opened its first recreation center for enlisted servicemembers in 1941. Home to It is with great pleasure and honor that I vides financial oversight for the City of Phila- recognize Mr. Kattouf’s service and contribu- delphia. tens of thousands, as the northern gateway to the Department of Defense’s largest and most tions to our nation at the highest level. I ap- After retiring from the Senate, Mr. Rocks dynamic Air Force Installation in the United plaud Mr. Kattouf for his dedication to our served as the CEO of NHS Human Services, States—Eglin Air Force Base, the Crestview- country and wish him a happy 70th birthday. where he focused on providing specialized area family expanded when it welcomed 6,000 f services in mental health, addictive diseases, new residents to the community upon the ar- WORLD HEMOPHILIA DAY autism, intellectual and developmental disabil- rival of the U.S. Army’s 7th Special Forces ities, juvenile justice, treatment foster care, Group. HON. JARED POLIS and education. There is no question that the residents of OF COLORADO Mr. Speaker, I thank Mr. Rocks for his dedi- Crestview are a resilient people, and even IN THE HOUSE OF REPRESENTATIVES cation and service to his community both as a through the most challenging of times, they member of the Pennsylvania state legislature have united as a community to develop and Tuesday, April 19, 2016 and as a leader in mental health care. I ap- maintain its place as a key area for business Mr. POLIS. Mr. Speaker, I rise in recognition plaud his many accomplishments and wish in the State of Florida and throughout the en- of April 17 as World Hemophilia Day. Hemo- him the best of luck in retirement. tire Gulf Coast region. philia is a rare genetic condition that prevents

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.002 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS April 19, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E513 the proper formation of blood clots. Four hun- Members of Congress have a unique chal- ning a state championship is the culmination dred newborns are diagnosed with this dis- lenge of balancing the beliefs of many peo- of years of hard work and commitment, not ease annually, and hundreds of thousands ple. A politician would generally enter the only on the part of Mr. Johnston, but also his political field because they want to improve more suffer from it around the world. We society; of course, the term ‘‘improve’’ is en- parents, his family and coaches. share a responsibility to this global patient tirely subjective, and its meaning lies with Mr. Speaker, the example set by this stu- population to ensure that they are receiving each individual. Thus, politicians use their dent demonstrates the rewards of hard work, the most innovative treatments and advanced own beliefs and values as a basis for change. dedication, and perseverance. I am honored to care. In addition, we must reaffirm our commit- However, personal beliefs are not enough to represent his family and him in the United ment to research and development to try and be elected; many groups and parties must be States Congress. I know all of my colleagues find a cure for this dangerous condition. convinced in order to get the votes. in the U.S. House of Representatives join me On World Hemophilia Day, I speak in sup- Once elected into Congress, a member will in congratulating Zach Johnston on competing now have a large base of people—constitu- in this rigorous competition and wishing him port of the many people battling this complex ents, party members, donors—relying on disease. It is my hope that by raising aware- them to effectively ‘‘improve’’ society. It is continued success in his education and high ness, we will eventually see the day where the responsibility of each member to balance school wrestling career. treatment for hemophilia is affordable, fea- the voices of the many groups. f sible, and accessible for all. The general population often chides Con- JEAN SCHARFENBERG f gress for ‘‘not compromising.’’ However, with the vast amount of opinions invested DON WICK into one Congressional member, each policy HON. ED PERLMUTTER decision is not just each member acting on OF COLORADO his or her own beliefs, but the beliefs of their HON. ED PERLMUTTER constituents, donors, and party members. IN THE HOUSE OF REPRESENTATIVES OF COLORADO Each time a member of Congress casts a vote Tuesday, April 19, 2016 IN THE HOUSE OF REPRESENTATIVES on a piece of legislation, they are not just voting for themselves, but for every entity Mr. PERLMUTTER. Mr. Speaker, I rise Tuesday, April 19, 2016 that initially elected them. It is for this rea- today to recognize and applaud Jean Mr. PERLMUTTER. Mr. Speaker, I rise son that the political process in Congress is Scharfenberg as the Arvada Chamber of Com- today to recognize and applaud Don Wick for so challenging. While it is impossible to merce’s 2015 Woman of the Year for her receiving the Arvada Chamber of Commerce’s make everyone happy, politicians cannot years of volunteerism, kindness and dedica- simply forfeit a portion of the beliefs for tion to the community. 2015 Image Award. which they are responsible. When the general Over the years, Don has been involved in a population accuses Congress of being uncom- After many years as an educator and volun- variety of boards and organizations that have promising, they are forgetting why they teer, Jean embodies the spirit of the commu- exemplified his passion and deep commitment elected these people into office: to advocate nity and is a perfect recipient for this award. to the City of Arvada. Don has served as a for us. Congress is meant to be our country Jean worked as a volunteer for the Arvada board member for the Jefferson Foundation, in a microcosm; by choosing a candidate, we Community Food Bank, Meals on Wheels, Colorado Associations of Chiefs of Police, choose a vote, and we choose a voice. While Rose Roots Garden, Santa House, and the Center for Public Safety, Ralston House, and popular culture may paint it differently, Majestic View Nature Center. Jean regularly Congress is far from detached from general participates in the City of Arvada’s Adopt-a- the Cystic Fibrosis Foundation. In addition, he society; in fact, it is directly embedded into is the former executive director for the Arvada it. Members of Congress are speaking on be- Trail Program and has been a long-time sup- Child Advocacy Center and also been involved half of the entire population, so when they porter of the Arvada Center. She also co- in the Arvada Jefferson Kiwanis Club. With all give up on even a small issue, it affects thou- founded Trees Across Arvada, a nonprofit pro- he does, Don has the best interest of the com- sands of lives. People may be willing to gram that offers an annual opportunity for resi- munity and its residents in mind. ‘‘compromise’’ something in the name of dents to purchase low-cost trees suitable for I extend my deepest congratulations to Don progress, but they most likely are not will- Colorado’s drought environment and to help Wick for this well-deserved recognition by the ing to compromise on their most closely held beautify the community. issue, the one they care the most about. Un- I extend my deepest congratulations to Jean Arvada Chamber of Commerce. fortunately, every issue, no matter how f small, is the one that someone cares the Scharfenberg for this well-deserved recogni- most about. This is why members of Con- tion by the Arvada Chamber of Commerce. ESSAY BY KAITLIN FOSTER gress do not compromise easily; policy grid- f lock often ensues because they truly believe HON. PETE OLSON stopping all policies is better than willingly PERSONAL EXPLANATION allowing someone who relies on them to be OF TEXAS devastated. All the general population sees is HON. CHRIS VAN HOLLEN IN THE HOUSE OF REPRESENTATIVES a group of people not passing laws and wait- OF MARYLAND Tuesday, April 19, 2016 ing for a day when the other party finally gives up, but they do not see the true inten- IN THE HOUSE OF REPRESENTATIVES Mr. OLSON. Mr. Speaker, I am privileged to tions of the members of Congress: to improve Tuesday, April 19, 2016 interact with some of the brightest students in the lives of their constituents, as each of the 22nd Congressional District who serve on them see fit. The challenge actually lies not Mr. VAN HOLLEN. Mr. Speaker, on April my Congressional Youth Advisory Council. I in Congress, itself, but in the country it rep- 18, 2016, I was unavoidably detained and have gained much by listening to the high resents. missed two votes. Had I been present, I would school students who are the future of this f have voted ‘‘yea’’ on Roll Call No. 153 and great nation. They provide important insight ‘‘yea’’ on Roll Call No. 154. TRIBUTE TO ZACH JOHNSTON from across the political spectrum that sheds f a light on the concerns of our younger con- stituents. Giving voice to their priorities will HON. DAVID YOUNG PERSONAL EXPLANATION hopefully instill a better sense of the impor- OF IOWA tance of being an active participant in the po- IN THE HOUSE OF REPRESENTATIVES HON. MIKE THOMPSON litical process. Many of the students have writ- Tuesday, April 19, 2016 OF CALIFORNIA ten short essays on a variety of topics and I IN THE HOUSE OF REPRESENTATIVES Mr. YOUNG of Iowa. Mr. Speaker, I rise am pleased to share them with my House col- Tuesday, April 19, 2016 leagues. today to recognize and congratulate Zach Kaitlin Foster attends Seven Lakes High Johnston of Adel DeSoto Minburn (ADM) High Mr. THOMPSON of California. Mr. Speaker, School in Katy, Texas. The essay topic is: School for winning the Class 2A, 160-pound on April 15, 2016, I did not vote on Roll Call What makes the political process in Congress bracket at the Iowa High School Athletic Asso- vote Numbers 150 through 152. Had I been so challenging? ciation State Wrestling tournament on Feb- present I would have voted: Everyone wants something. If our govern- ruary 20, 2016. Roll Call Number 150, Yarmuth of Kentucky ment worked in reality as it does in theory, Iowa has a long and proud history of strong Amendment No. 2—AYE everyone would be satisfied, but theories are wrestling programs in our state, producing col- Roll Call Number 151, McNerney of Cali- just theories. lege and Olympic champions for years. Win- fornia Amendment No. 3—AYE

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K19AP8.004 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E514 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2016 Roll Call Number 152, No Rate Regulation The arising of this soft target attacks has The Anti-Defamation League’s Man of of Broadband Internet Access Act—NO. shaped American fear in a new way. Since Achievement Award was established to recog- the 9/11 attacks, most Americans have expe- nize individuals and companies who have f rienced some subconscious fear of terrorist demonstrated exceptional commitment to the KORISSA STRAUB attacks, but never before has that fear been about going to a grocery store or to eat din- community, justice and equal opportunity for ner. We now must face an era where we have all. Dr. Beering was chosen for this honor for HON. ED PERLMUTTER to worry about the possibility of lower scale his service to the state and nation. OF COLORADO attacks. This brings about questions on how Dr. Beering was born in Berlin, Germany IN THE HOUSE OF REPRESENTATIVES the United States should decrease the possi- and raised in Hamburg. His family was in- Tuesday, April 19, 2016 bilities of the attacks. Since the attacks in terred by the Nazi’s late during World War II Paris many citizens have begun to question and he served in a Bavarian labor camp with Mr. PERLMUTTER. Mr. Speaker, I rise the right steps to take in protecting our na- members of his family before being liberated today to recognize and applaud Korissa tion from the threat of a future terrorist at- Straub for receiving the Arvada Chamber of tack. This questioning has led to two main by the allied forces. The family immigrated to Commerce’s 2015 Rising Star Award. issues at hand; how should the United States the United States through Ellis Island. He Korissa exemplifies outstanding leadership monitor the threat of terrorism in our coun- served in the United States Air Force Medical and involvement in the Arvada community. try as well as who should be allowed to enter Corps for 12 years, retiring as a Lt. Colonel. the country without posing a threat? Dr. Beering earned his B.S. and M.D. from With a 4.46 GPA, including in AP and Honors The first question of how should the classes, and as a three-sport athlete, Korissa the University of Pittsburgh and served as the United States monitor the threat of ter- Dean of Medicine and Director of the Indiana clearly excels in school and all she does. She rorism has been demonstrated in many ways. is an accomplished art student, vice president Should the US begin to observe conversa- University Medical Center before being named of her DECA team, student ambassador, and tions and invade the privacy of those be- President at Purdue University where he is involved in seven other clubs at school as lieved to be possibly involved in terrorism served from 1983 to 2000. well as the Outdoor Leadership Program and within our country? Should we begin taking Dr. Beering has led on the national level as the International Career Development Con- actions overseas like other countries have chairman of the Association of American Med- begun doing? One thing that is for sure is ical Colleges and the Association of American ference. Korissa also helped coordinate a chil- that the United States needs to get serious dren’s book drive at her middle school and Universities. He is a former regent of the Na- about their war on terror. This is going to tional Library of Medicine. He is a Fellow and has since continued that annual effort. shape the future of American life. If we sit I extend my deepest congratulations to back and do nothing Americans will con- Master of the American College of Physicians, Korissa Straub for this well-deserved recogni- tinue to live in a world of fear of everyday a member of the Royal Society of Medicine, tion by the Arvada Chamber of Commerce. activities. The government must take action Phi Beta Kappa, Alpha Omega Alpha, the In- to put American’s minds to peace. f stitute of Medicine and National Academy of The second question of who poses a threat Sciences, and the Indiana Academy. Dr. ESSAY BY JORDYN WEBER to our national security has brought up a Beering has served on a number of national huge debate in regards to the refugee crisis. and corporate boards and is a Trustee at the When it was uncovered that one of the HON. PETE OLSON attackers from Paris arrived to Europe dis- University of Pittsburgh. OF TEXAS guised as a refugee everyone began to ques- I first met Dr. Beering while serving as Dep- IN THE HOUSE OF REPRESENTATIVES tion allowing the flow of refugees into the uty Indiana Secretary of State and have been Tuesday, April 19, 2016 United States at this time. This is shaping an admirer of his since. He is a great friend and brining into question what the United and confidant of mine, and a wonderful asset Mr. OLSON. Mr. Speaker, I am privileged to States’s priorities need to be, the protection to our community, state and nation. I wish to interact with some of the brightest students in of our own citizens? Or the leadership in the congratulate him on this latest honor and the 22nd Congressional District who serve on protection of our world’s most vulnerable thank him for his leadership at Purdue Univer- people? my Congressional Youth Advisory Council. I sity, Indiana and our nation. have gained much by listening to the high The attack on Paris has impacted the school students who are the future of this United States in an enormous way. It has in- stilled a new kind of fear among US citizens f great nation. They provide important insight as well as brought into question many new STEELHEAD COMPOSITES from across the political spectrum that sheds issues that will continue to shape the future a light on the concerns of our younger con- of the United States. stituents. Giving voice to their priorities will f HON. ED PERLMUTTER hopefully instill a better sense of the impor- OF COLORADO PERSONAL EXPLANATION tance of being an active participant in the po- IN THE HOUSE OF REPRESENTATIVES litical process. Many of the students have writ- Tuesday, April 19, 2016 ten short essays on a variety of topics and I HON. KEVIN BRADY am pleased to share them with my House col- OF TEXAS Mr. PERLMUTTER. Mr. Speaker, I rise leagues. IN THE HOUSE OF REPRESENTATIVES today to recognize and applaud Steelhead Jordyn Weber attends St. Agnes Academy Tuesday, April 19, 2016 Composites for receiving the Innovative Tech- in Sugar Land, Texas. The essay topic is: Se- nology Award from the Jefferson County Eco- lect an important event that has occurred in Mr. BRADY of Texas. Mr. Speaker, on roll nomic Development Corporation. the past year and explain how that event has call no. 154, due to severe weather in my dis- The Innovative Technology Award is given changed/shaped our country. trict, I was unavoidably detained and unable to to a company that is on the forefront of new return to Washington, DC in time to cast An especially important event that has oc- and advanced technologies including the in- curred this year is the terrorist attacks that votes. dustries of aerospace, aviation, bioscience, took place in Paris, France on Friday, No- Had I been present, I would have voted energy, outdoor recreation and apparel, vember 13, 2015. Not only did this attack YES. among others. Steelhead Composites manu- prove the eminent threat that ISIS poses to f factures lightweight, high-strength cylinders to the western world, but it also brought about a new era of terrorism. The attack on Paris TRIBUTE TO DR. STEVEN C. be used for weight-sensitive energy and fuel was the first time that local ‘‘soft targets’’ BEERING storage application. The company’s specialties have been ambushed in this kind of attack. include lightweight bladder accumulators, mo- Soft targets refer to areas such as super mar- HON. TODD ROKITA bile compressed natural gas (CNG) fuel stor- kets, hotels, concert halls, restaurants, age and transport, gas bottles, aluminum lin- OF INDIANA clubs, and any place that attacks every day ers, and accessories. Steelhead also offers a IN THE HOUSE OF REPRESENTATIVES normal people. These areas were always as- full array of technical services in vessel de- sumed to be safe from attacks as it was as- Tuesday, April 19, 2016 sign, metal spin forming, filament winding, sumed terrorists wanted to kill large num- bers, but this notion was changed after the Mr. ROKITA. Mr. Speaker, I rise today to prototyping, and testing of high pressure ves- terrifying attacks occurred in Paris. This honor a notable Hoosier, Dr. Steven C. sels. These fuel tanks are designed for the new threat of attacks has altered the way Beering, who is being honored by the Anti- CNG and hydrogen vehicle industry, are lined the United States will live and fight in our Defamation League at the 2016 Man of with aluminum, and are just as strong as steel war on terror. Achievement Award Dinner in Indianapolis. but at one-sixth the weight.

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.007 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS April 19, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E515 Steelhead is in the early stages of commer- and thirty squads operating in New Jersey. On ognition by the Arvada Chamber of Com- cialization and currently has 6 high-paying em- January 15, 1951 the Florham Park Volunteer merce. ployees with plans to expand significantly dur- Fire Department decided to form their town’s f ing the next couple of years. squad as a separate non-profit corporation. At I extend my deepest congratulations to the start, firemen served as advisors and trust- HONORING PAUL COOKE Steelhead Composites for this well-deserved ees. recognition by Jefferson County EDC. Thank The concept of dialing 9-1-1 was not used HON. MIKE COFFMAN you for your contributions to the Jefferson until the early 1990s by Florham Park. When OF COLORADO County economy and community. the squad first formed, a local storekeeper, IN THE HOUSE OF REPRESENTATIVES f Carmen Kursino, fielded calls during the day Tuesday, April 19, 2016 and the police department answered at night. TRIBUTE TO MATT MALCOLM In 1955, technology had advanced and an an- Mr. COFFMAN. Mr. Speaker, I rise today to swering service in Madison dispatched calls. recognize and honor the career of Mr. Paul HON. DAVID YOUNG During this time, not many families had two Cooke, for his selfless protection of the state OF IOWA cars, so in order to assist the volunteers the and citizens of Colorado. Mr. Cooke served IN THE HOUSE OF REPRESENTATIVES ambulance would pick up the crew on the way bravely in the name of fire safety and emer- gency services for over 40 years. Tuesday, April 19, 2016 to the call. In 1965, calls would be broad- casted to volunteers over radio receivers Throughout his time as a servant to the Mr. YOUNG of Iowa. Mr. Speaker, I rise called Plectrons. These were later upgraded to people of Colorado, Mr. Cooke has organized today to recognize and congratulate Matt Mal- battery-operated units which allowed the crew teams of volunteer and career firefighters as a colm of Glenwood High School in Glenwood, to travel around town freely. They currently fire chief, he has instructed fellow servicemen Iowa for winning the Class 2A, 152-pound use Minitor II technology. at the National Fire Academy and has served bracket at the Iowa High School Athletic Asso- In order to be able to staff weekday shifts, as the director of the Colorado Division of Fire ciation State Wrestling tournament on Feb- Florham Park became one of the first squads Prevention and Control. ruary 20, 2016. in New Jersey that allowed women to join. An It is impossible to measure the number of Iowa has a long and proud history of strong article written in the Newark Sunday News on lives Mr. Cooke has touched and affected, but wrestling programs in our state, producing col- October 2, 1955, echoed the feelings of that I hope that I can speak for these people today lege and Olympic champions for years. Win- day. It stated, these women ‘‘may have to and express our strong sense of gratitude. ning a state championship is the culmination drop their brooms, forsake the washing or I thank Mr. Cooke for protecting our land, of years of hard work and commitment, not leave the dishes to rush to the squads head- farms, and ranches. For protecting family only on the part of Matt, but also his parents, quarters’’ in order to receive a call. homes and local businesses. And ultimately, his family and coaches. Originally, their ambulance was stored in the for protecting the lives of Coloradoans Mr. Speaker, the example set by Matt dem- Brooklake firehouse. However, after the fire throughout his career. I thank him for recog- onstrates the rewards of hard work, dedica- department purchased a second fire truck, the nizing the importance of fire safety and for an- tion, and perseverance. I am honored to rep- squad was forced to find a new home. On swering the call to serve in its name. Mr. resent Matt and his family in the United States February 20, 1953 they purchased a garage Cooke is a model citizen, and I am inspired Congress. I know all of my colleagues in the next door to their old location. They dedicated that the great state of Colorado is home to United States House of Representatives join the building to the late Captain C. Howard men and women like him. me in congratulating Matt on competing in this Collins on Memorial Day 1953. In 1964, the I am proud to salute Mr. Cooke with these rigorous competition, and wishing him contin- town suggested the squad move to Felch words today, and I wish him happiness in his ued success in his education and high school Road. They listened and ended up purchasing retirement. wrestling career. a building costing around $40,000. f f The squad continues to update their equip- CELEBRATING THE RETIREMENT ment and training in order to keep up with ad- CELEBRATING THE 65TH ANNIVER- OF CITY MANAGER DAN NICK vancements in emergency care. They are still SARY OF THE FLORHAM PARK the primary providers of first aid care to resi- MEMORIAL FIRST AID SQUAD dents and workers of the borough and provide HON. HENRY CUELLAR trusted aid to the surrounding communities. OF TEXAS HON. RODNEY P. FRELINGHUYSEN Mr. Speaker, please join me in recognizing IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY the Executive Board, members and volunteers Tuesday, April 19, 2016 IN THE HOUSE OF REPRESENTATIVES of the Florham Park Memorial First Aid Squad Mr. CUELLAR. Mr. Speaker, I rise today to Tuesday, April 19, 2016 of Florham Park, New Jersey for all of their service to their community. celebrate the retirement of City Manager Dan Mr. FRELINGHUYSEN. Mr. Speaker, I rise Nick of Jourdanton, Texas. He has proudly f today to recognize the 65th Anniversary of served the people of Jourdanton for nearly The Florham Park Memorial First Aid Squad, VANESSA KENDRICK eighteen years. located in Florham Park, in Morris County, Dan Nick was born on April 21st, 1948 in New Jersey. HON. ED PERLMUTTER Duluth, Minnesota. After graduating from high Over the years, the squad has responded to OF COLORADO school in 1966, Dan attended the University of various types of emergencies including: motor IN THE HOUSE OF REPRESENTATIVES Minnesota-Duluth and graduated with a de- vehicle collisions, fire, plane crashes and have gree in Business and minor in Economics in cared for victims of crimes. They have also Tuesday, April 19, 2016 1970. After graduation, Mr. Nick enlisted in the been in attendance at countless parades, ga- Mr. PERLMUTTER. Mr. Speaker, I rise U.S. Army and courageously served his coun- zebo concerts, football games and gradua- today to recognize and applaud Vanessa try, and completed a tour in Vietnam. He re- tions. For fifty years the squad has functioned Kendrick for receiving the Arvada Chamber of turned home to Minnesota in 1972. as a free-of-charge service, relying upon do- Commerce’s 2015 Arvada Young Profes- After moving and briefly working for the city nations from residents and businesses in sionals Leadership Award. of Boise, Idaho, Dan began a 25-year career order to cover their expenses. As a local realtor in Arvada, Vanessa’s pro- with Morrison-Knudsen Construction Com- As time has passed, the borough’s popu- fessionalism and energetic attitude has en- pany. His career took him all over the country, lation has increased, causing a raise in the abled her to become a leader and successful helping to build and work on America’s infra- number of calls they receive. In their first year, entrepreneur in the City. Vanessa’s dedication structure in states like Wyoming, Utah, Alaska, they had fifty-eight calls, while in 2000, there to the community is obvious through her in- and Missouri. He and his family chose to set- were 962. They have racked up more than volvement in several local organizations in- tle down in Atascosa County, Texas in 1981 350,000 miles on a total of fourteen ambu- cluding Chair of the Arvada Young Profes- where he worked for seventeen years as a lances. sionals, Two Ponds Foundation board mem- business manager for Lignite Mine, located In 1951, first aid squads were considered an ber, and captain for Sand and the City. just south of Jourdanton. In 1998, he em- innovative idea. Only a few surrounding towns I extend my deepest congratulations to barked on his career as the City Manager of had them and there were only one-hundred Vanessa Kendrick for this well-deserved rec- Jourdanton.

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K19AP8.008 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E516 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2016 For nearly 18 years Dan has worked to im- Media Group, who passed away at his home Wrestlers: Mark Ames, Ryan Strickland, prove quality of life and opportunities in in Venice, Florida this weekend at the age of Gauge Perrien, Wiley Parks, Adam Brown, Jourdanton. His efforts helped to bring a num- 88. Trent Nelson, Nate Lendt, Zach Strickland, ber of new facilities to the city. Some notable Mr. Dunn-Rankin began his newspaper ca- Cody Batterson, Nathan Marchand, Zach accomplishments include: a new water waste reer at age eleven as a delivery boy for the Barnes, Andrei Allen, Gunner Jorgensen, Mi- treatment plant, a municipal complex, a munic- Miami News. While attending Rollins College, chael Lopez, Solomon Jones, Thad ipal court, a police department, and council he worked as the editor for the student paper Breitsprecker, Gavin Babcock, Al Durr, Cody chambers. Presently, the construction of a and as the sports editor for the Sanford Daily Wonderlich, Dawson Velez, Kameron new sports complex is under way for the city; Herald. Following graduation, he returned Padavich, Brady Wenner, Eric Pingel, Grant another project Dan had a hand in accom- home and took the position of circulation man- Dishinger, Ethan Andersen, Damien Ramirez, plishing. Dan Nick’s impact as City Manager ager at the Miami News before becoming a Dan Ramirez, Levi Brand can be seen in the prosperity and success of Vice President with Landmark Communica- Head Coach: Jason Christenson the city of Jourdanton. tions in Norfolk, VA. Coaches: Jessman Smith, Jeff Evans, Jake In addition to his exemplary career as a In 1977, Mr. Dunn-Rankin left Landmark Helvey, Jesse Smith, Eric Morrow, Pat Wilson, public servant, Dan Nick is a devoted husband Communications to start his own company in Tom Koch, Jeremy Dove and father to Kathryn Hendrickson and their Venice, Florida. Derek began by purchasing Mr. Speaker, the success of this team and two children Kimberley and Daniel. the Venice Gondolier and within three years, their coaches demonstrates the rewards of Mr. Speaker, I am honored to have the op- the small newspaper was winning awards at hard work, commitment, and determination. I portunity to recognize Dan Nick, a patriotic the state level. His next endeavor was pur- am honored to represent them in the United American citizen, a devoted City Manager to chasing the Charlotte Sun in 1979, a small States Congress. I ask that all of my col- Jourdanton, and a loving family man. tabloid with four employees. By 1987, thanks leagues in the United States House of Rep- to Mr. Dunn-Rankin’s business savvy, the Sun f resentatives join me in congratulating the team had become a daily publication and was one for competing in this rigorous competition and TERUMO BCT of the fastest growing daily papers in the wishing them nothing but continued success in country. Today, Sun Media Group employs all aspects of their lives. HON. ED PERLMUTTER over 350 people, produces printed publications f OF COLORADO in seven areas and has twice received na- tional recognition for its online publication. CELEBRATING THE 100TH ANNI- IN THE HOUSE OF REPRESENTATIVES In addition to his pioneering work in news VERSARY OF BOY SCOUT TROOP Tuesday, April 19, 2016 media, Mr. Dunn-Rankin was a cornerstone of 8 Mr. PERLMUTTER. Mr. Speaker, I rise the Charlotte County community. Following the today to recognize and applaud Terumo BCT devastation of Hurricanes Charley and Ivan in HON. RODNEY P. FRELINGHUYSEN for receiving the Chairman’s Choice Award 2004, many residents were forced to leave OF NEW JERSEY their homes and most were left without power, from the Jefferson County Economic Develop- IN THE HOUSE OF REPRESENTATIVES ment Corporation. phones or any viable means of communica- Tuesday, April 19, 2016 Terumo BCT, a global leader in blood com- tion. Derek took it upon himself to help his ponent and cellular technologies, has a 45- community through this extremely challenging Mr. FRELINGHUYSEN. Mr. Speaker, I rise year history in Jefferson County. Starting as a time. The Charlotte Sun distributed free news- today in celebration of the Centennial Anniver- small medical device manufacturer in Cali- papers in order to keep people in the commu- sary of Boy Scout Troop 8, located in Chat- fornia, Terumo has grown to be one of Jeffer- nity informed amidst the chaos. His telephone ham, Morris County, New Jersey. son County’s largest employers with more company also set up emergency call centers Troop 8 is one of the earliest chartered than 1,800 employees in the county. They are for residents to call loved ones and reach out troops of the Boy Scouts of America in the the only company with the unique combination to FEMA for assistance. Mr. Dunn-Rankin’s eastern United States, founded in 1916. For of apheresis collections, manual and auto- tireless devotion to the people of Charlotte one hundred years, Troop 8 has held an inte- mated whole blood processing, and pathogen County during this disaster speaks volumes to gral part in the Chatham community, fostering reduction coupled. Additionally, they operate his benevolent nature. civic values, compassion, and a sense of the only ethanol-oxide sterilization facility in Mr. Dunn-Rankin’s continuous dedication to moral aptitude in the young men who have the state. growing the community did not go unnoticed. filed through its ranks. Terumo BCT has been in Lakewood since The Charlotte County Chamber of Commerce Troop 8 is sponsored by Ogden Memorial 1964 and evolved into the organization it is named him the ‘‘Pacesetter of the Year’’ in Church, located within Chatham Borough. The today through mergers of different companies 1995 and the Cultural Center awarded him troop currently possesses an enrollment of and increased growth. In April 2015, Terumo their ‘‘Citizen of the Year’’ in 2003 for his dec- one hundred young men of various ages. BCT opened their new 125,000 square foot ades of service to the community. He will be Throughout the year, the group partakes in a state-of-the-art global headquarters in Lake- sorely missed but his efforts will continue to variety of community service events, aimed at wood, which includes office, lab, parking, and have a positive impact on the community for improving the overall standard of living within an onsite fitness center and cafeteria. The ex- years to come. Derek is survived by his loving Chatham and the surrounding area. The troop pansion will bring 300 high-paying jobs and wife Betty, his daughter Debbie and his four also organizes outings for members, such as over $37 million in new capital investment to sons, Peter, David, Jeff and Mike. camping trips and group hikes. Both these Jefferson County over the next couple of Mr. Speaker, our thoughts and prayers are outings and trips strengthen the bonds of fel- years. with Mr. Dunn-Rankin’s family and the entire low scouts and build individual character. I extend my deepest congratulations to community as they mourn his passing. He will Examples of past community service events Terumo BCT for this well-deserved recognition be greatly missed. are numerous and deeply impactful on the by Jefferson County EDC. Thank you for your f community. Scouts have cleaned up various contributions to the Jefferson County economy TRIBUTE TO THE SOUTHEAST Chatham parks, created campsites, and trav- and community. POLK WRESTLING TEAM eled as far as New Mexico in the name of f community service. Troop 8 is home to over 150 Eagle Award IN MEMORY OF MR. DEREK DUNN- HON. DAVID YOUNG recipients. This award, one of the highest hon- RANKIN OF IOWA ors bestowed on a scout, requires active in- IN THE HOUSE OF REPRESENTATIVES volvement in the troop, a minimum of 21 merit HON. THOMAS J. ROONEY Tuesday, April 19, 2016 badges, a clear leadership role in the troop, OF FLORIDA Mr. YOUNG of Iowa. Mr. Speaker, I rise and an original service project that benefits IN THE HOUSE OF REPRESENTATIVES today to recognize and congratulate the the community in some way. Past projects Southeast Polk Wrestling team for winning the have included improvements to local church- Tuesday, April 19, 2016 Iowa High School Athletic Association Class es, creating an outdoor reading center at the Mr. ROONEY of Florida. Mr. Speaker, I rise 3A Wrestling Championship Title. Chatham Library, and discovering and imple- today to honor the life of Mr. Derek Dunn- I send my congratulations to each member menting a way to prevent flooding from Milton Rankin, founder and chairman of the Sun of the Team: Pond. The completed projects, as well as the

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.014 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS April 19, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E517 high volume of Eagle Award recipients within John Adams once said, ‘‘Our Constitution was filled by nearly fifty years of volunteering Troop 8, are a testament to the Boy Scout’s was made only for a moral and religious peo- for the Easton Area Community center, which, dedication to serving the community. ple. It is wholly inadequate to the govern- for over sixty years, served the West Ward, Boys who have passed through the program ment of any other.’’ Today the political process in Congress is challenging because one of the most diverse and impoverished have gone on to become successful adults, the representatives in Congress have lost neighborhoods in the City. He was instru- upholding the ideals instilled during their time that shared set of core values. Congress was mental in establishing the Center’s annual tes- as Boy Scouts. The life skills provided by not always in the gridlocked state that it is timonial roast fundraiser and diligently worked Troop 8 are invaluable in preparing these now. While political parties have always dif- to ensure its continued success. young men for future roles and responsibil- fered on priorities, strategies, and tactics, Stephen Curto was also a dedicated family ities. Moreover, the Chatham community is ex- until recent decades members of Congress man and was involved for years in Democratic tremely thankful for the time and effort these held a set of core values. Such values in- politics and labor causes. In 1990, he retired young men contribute to improving their neigh- cluded a shared view of America’s role in the from his position as a business agent for the world, the independence of the judiciary, re- borhoods. spect for the Constitution, universal free- United Food and Commercial Workers Union Mr. Speaker, please join me in thanking the dom, a shared religion, and the desire for the and gave himself even more fully to his family members of the Boy Scout Troop 8 of Chat- nation to put America’s interests first. and his causes. ham, New Jersey for all of their service to the What do we have today in Congress instead I applaud the City of Easton for bestowing community, and in congratulating them and of that shared set of core values? Instead of such a worthy tribute to a uniquely resolute their scout leaders on their Centennial Anni- acting as a unified body that acts in the in- and enduring figure of community service. versary. terests of the people of the nation, Congress acts more like a divided group of tribes who f f always try to harm the opposing tribe. The JIM SCHARFENBERG RYAN STACHELSKI tribes primarily call themselves ‘‘Repub- licans’’ and ‘‘Democrats’’, both of which would rather hurt each other than do what’s HON. ED PERLMUTTER HON. ED PERLMUTTER best for the nation. If Congress could agree OF COLORADO OF COLORADO again on a shared set of core values, then the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES legislative process would be easier and more Tuesday, April 19, 2016 Tuesday, April 19, 2016 productive. To spawn these shared values, the stubborn Mr. PERLMUTTER. Mr. Speaker, I rise Mr. PERLMUTTER. Mr. Speaker, I rise allegiance most Congressmen have to their today to recognize and applaud Jim today to recognize and applaud Ryan respective parties cannot continue. The chal- Scharfenberg as the Arvada Chamber of Com- Stachelski for receiving the Arvada Chamber lenge of getting political parties to change merce’s 2015 Man of the Year for his vol- of Commerce’s 2015 Arvada Young Profes- their ways is exasperated by many decades of bad blood and misbehavior. Many observers unteerism, kindness and dedication to the sionals Leadership Award. date the deterioration of the political parties As the Deputy Director of the Arvada Eco- community. from the character assassination of Clarence Jim has been a long-time supporter and nomic Development Association (AEDA), Ryan Thomas and his nomination as a Supreme has achieved outstanding results in fostering participant in many of Arvada’s community Court Justice. The personal and insulting programs, such as the Arvada Center and the economic development and vitality for the City nature of the tactics of a few Democrats led of Arvada. His community-mindedness has to a downward spiral of revenge and payback City of Arvada’s Adopt-a-Trail Program. He helped create and enhance meaningful part- that continues to this day. also worked as a volunteer for the Arvada nerships with a variety of organizations across The practical solution will require coura- Community Food Bank, Meals on Wheels, the City. Ryan played an integral role in AEDA geous leadership by strong and popular lead- Rose Roots Garden, Santa House, and the ers of each of the two major political parties Majestic View Nature Center. He co-founded becoming certified as an economic develop- to join together in forging a concise set of ment organization for the city and has helped Trees Across Arvada with his wife, a nonprofit core values to guide the work of the legisla- program that offers an annual opportunity for grow engagement from local businesses to as- tive branch. Only those leaders can define sist in Arvada’s overall economic development the values, but here are a few that might residents to purchase low-cost trees suitable efforts. guide us: for Colorado’s drought environment and to I extend my deepest congratulations to Individual Responsibility help beautify the community. Ryan Stachelski for this well-deserved rec- Compassion for those who cannot provide I extend my deepest congratulations to Jim for themselves ognition by the Arvada Chamber of Com- Scharfenberg for this well-deserved recogni- Hard Work tion by the Arvada Chamber of Commerce. merce. Innovation f Free Enterprise f Strong Military ESSAY BY JONATHAN FROST In the same way that great organizations PERSONAL EXPLANATION are guided by a shared set of core values, Congress could consider only legislation that HON. KEVIN BRADY HON. PETE OLSON does not run afoul of the agreed set of core OF TEXAS OF TEXAS values. Sadly, the course of human history IN THE HOUSE OF REPRESENTATIVES suggests that it is unlikely that two such vi- IN THE HOUSE OF REPRESENTATIVES Tuesday, April 19, 2016 sionary leaders will simultaneously emerge. Tuesday, April 19, 2016 Mr. OLSON. Mr. Speaker, I am privileged to f Mr. BRADY of Texas. Mr. Speaker, on roll interact with some of the brightest students in IN RECOGNITION OF STEPHEN P. call No. 153, due to severe weather in my dis- the 22nd Congressional District who serve on CURTO ON THE OCCASION OF A trict, I was unavoidably detained and unable to my Congressional Youth Advisory Council. I DAY NAMED IN HIS HONOR BY return to Washington, D.C. in time to cast have gained much by listening to the high THE CITY OF EASTON votes. school students who are the future of this Had I been present, I would have voted great nation. They provide important insight HON. MATT CARTWRIGHT YES. from across the political spectrum that sheds OF PENNSYLVANIA f a light on the concerns of our younger con- IN THE HOUSE OF REPRESENTATIVES stituents. Giving voice to their priorities will TRIBUTE TO GRANT STOTTS hopefully instill a better sense of the impor- Tuesday, April 19, 2016 tance of being an active participant in the po- Mr. CARTWRIGHT. Mr. Speaker, I rise HON. DAVID YOUNG litical process. Many of the students have writ- today to honor the memory of Mr. Stephen P. OF IOWA ten short essays on a variety of topics and I Curto. This past Sunday, City of Easton Mayor IN THE HOUSE OF REPRESENTATIVES am pleased to share them with my House col- Salvatore J. Panto, Jr. declared April 17 to be leagues. Stephen P. Curto Day to give tribute to a man Tuesday, April 19, 2016 Jonathan Frost attends Seven Lakes High who brightened his community through a life- Mr. YOUNG of Iowa. Mr. Speaker, I rise School in Katy, Texas. The essay topic is: time of service. today to recognize and congratulate Grant What makes the political process in Congress Stephen Curto dedicated himself to the city Stotts of Valley High School in West Des so challenging? of his birth. A noteworthy chapter in his life Moines, Iowa for winning the Class 3A, 132-

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.017 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E518 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2016 pound bracket at the Iowa High School State well as the Joliet Region Chamber of Com- nity-minded focus and perspective has en- Wrestling tournament on February 20, 2016. merce, the Joliet Exchange, Joliet Kiwanis, Jo- hanced the sense of community and family Iowa has a long and proud history of strong liet Lions, and Joliet Rotary Clubs for hosting across Arvada. Her support and wrestling programs at all levels, producing col- the 2016 Top Student Banquet. bigheartedness provides an example for all of legiate and Olympic champions for decades. f us. Dee’s contribution and dedication to her Winning a state championship is the culmina- community will forever be remembered. tion of years of hard work and commitment, INTRODUCING THE VETERANS I extend my deepest congratulations to Dee not only on the part of Grant, but also his par- PENSIONS PROTECTION ACT OF Gill for this well-deserved recognition by the ents, his family and coaches. 2016 Arvada Chamber of Commerce. Mr. Speaker, the example set by Grant demonstrates the rewards of hard work, dedi- HON. ALCEE L. HASTINGS f cation, and perseverance. I am honored to OF FLORIDA HONORING THE LIFE AND LEGACY represent him and his family in the United IN THE HOUSE OF REPRESENTATIVES OF SEGUNDO ‘‘SY’’ UNPINGCO States Congress. I ask that all of my col- Tuesday, April 19, 2016 leagues in the United States House of Rep- resentatives join me in congratulating Grant on Mr. HASTINGS. Mr. Speaker, I rise today to HON. MADELEINE Z. BORDALLO winning this rigorous competition and wishing introduce the Veterans Pensions Protection OF GUAM him continued success in his education and Act of 2016. This bipartisan legislation will pro- IN THE HOUSE OF REPRESENTATIVES high school wrestling career. tect veterans from losing their pension benefits Tuesday, April 19, 2016 f in the event they receive compensation cov- ering unforeseen health care costs. Ms. BORDALLO. Mr. Speaker, I rise today FOOD FOR THOUGHT A few years ago, a constituent of mine was to honor the life and legacy of Segundo ‘‘Sy’’ confronted with this situation. He is a Navy Unpingco. Sy was a son of Guam, strong pro- HON. ED PERLMUTTER veteran who suffers from muscular dystrophy. moter of Chamorro culture, and a survivor of OF COLORADO One day, as he crossed the street, he was the occupation of Guam during World War II. IN THE HOUSE OF REPRESENTATIVES struck by a truck. He was injured. His service He passed away on November 26, 2015 at the age of 81. Tuesday, April 19, 2016 dog was injured. His wheelchair was severely damaged. Like any person would, he filed an Sy was born on Guam on May 21, 1934 to Mr. PERLMUTTER. Mr. Speaker, I rise insurance claim, and received a settlement to Jose Rivera Unpingco and Vicenta Aguon today to recognize and applaud Food for cover his medical expenses and the costs for Unpingco. He was just seven years old when Thought for receiving the Arvada Chamber of replacing his wheelchair. enemy forces invaded Guam during World Commerce’s 2015 Image Award. Now Mr. Speaker, imagine his surprise War II. Like many Chamorros on Guam, Sy With support and initial funding from the Ar- when he received a letter for the Department and his family endured the atrocities com- vada Sunrise Rotary Foundation, Food for of Veterans Affairs (VA), explaining to him that mitted against the Chamorro people during the Thought today serves a tremendous need with because of his sudden jump in income, he no occupation. However following the war, Sy at- free or reduced meals in public schools across longer qualified for a pension. It sounds ridicu- tended George Washington High School in the Denver metro area. The Food for Thought lous, but that’s what happened. Mangilao, Guam. He went on to receive his program has expanded into Denver and now Now, when assessing a veteran’s eligibility Bachelor of Administration degree from St. delivers more than 1,600 weekly for a pension, the VA considers a variety of Mary’s College and a Juris Doctorate from Lin- ‘‘Powersacks’’ and has delivered over 4,300 sources of revenue to calculate annual in- coln Law School. tons of food in total to children in need. The come. The VA uses this formula to make a While in high school Sy met his beloved support from the Arvada Sunrise Rotary Foun- simple determination: if a veteran’s income ex- wife, Remedios ‘‘Remmy’’ Pangelinan and dation was instrumental in this program and ceeds the limit set by the VA, he or she does they were married in 1953. Together they had the expansion of the program into Denver. not qualify for a pension. three children, Segundo, Jr., Vivian, and Paul. I extend my deepest congratulations to Under current law, compensation for med- They made their home in San Jose, California, Food for Thought for this well-deserved rec- ical expenses or pain and suffering, including and throughout his career, Sy worked with the ognition by the Arvada Chamber of Com- insurance settlement payments or reimburse- Santa Clara County Sheriff’s Department and merce. ments, is considered income. This means that as a Courtroom Bailiff until his retirement. Fol- f veterans are effectively punished when they lowing his retirement, Sy partnered with the RECOGNIZING THE TOP GRAD- receive these types of compensation after suf- late Marcial Sablan and Tony Chargualaf to UATING SENIORS FROM JOLIET fering medical emergencies like the one I just form the Hafa Adai Golf Classic. CATHOLIC ACADEMY, JOLIET outlined. This is, quite simply, wrong. Throughout its 35 year history, the Hafa WEST HIGH SCHOOL, AND JOLIET Mr. Speaker, my legislation exempts reim- Adai Golf Classic has brought together golfers, CENTRAL HIGH SCHOOL bursements and compensation for medical ex- nine hosting clubs from California, Wash- penses from the VA’s formula for calculating ington, and Nevada, sponsors, donors, sup- income and pension eligibility. This will guar- porters, families and friends together for a two HON. BILL FOSTER day tournament. It has attracted approximately OF ILLINOIS antee the continuity of our veterans’ pensions, and will ensure that no veteran will have their 17,000 semi-professionals and amateur IN THE HOUSE OF REPRESENTATIVES benefits unfairly and abruptly depreciated or golfers and their families from across the U.S. Tuesday, April 19, 2016 cancelled. This is a bill we can all get on mainland, Hawaii, Guam, the Commonwealth Mr. FOSTER. Mr. Speaker, I rise today to board with. I urge my colleagues to support of the Northern Mariana Islands, and Japan. recognize the hard work and determination of this critical legislation. Under Sy’s leadership, the Hafa Adai Golf the top 25 graduating seniors from Joliet f Classic promoted our Chamorro culture, and Catholic Academy, Joliet West High School, extended Guam’s Inafa’maolek spirit to all who and Joliet Central High School. DEE GILL participated in the event. Sy was a shining ex- The academic achievements of these stu- ample of that island spirit of cooperation, ca- dents are impressive, as are their community HON. ED PERLMUTTER maraderie and reciprocity of our culture and service and participation in school activities. OF COLORADO heritage, but he leaves behind a legacy that These students truly have taken advantage of IN THE HOUSE OF REPRESENTATIVES will live on in the years to come. all that high school has to offer. I join the people of Guam in mourning the Also to be commended are the Joliet Re- Tuesday, April 19, 2016 passing of Sy Unpingco and commending him gion Chamber of Commerce, along with the Mr. PERLMUTTER. Mr. Speaker, I rise for his service to our island and contributions Joliet Exchange, the Joliet Kiwanis, the Joliet today to recognize and applaud Dee Gill for to our people and Chamorro culture. I extend Lions, and the Joliet Rotary Clubs, for hosting receiving the Arvada Chamber of Commerce’s my condolences to his wife, Remmy, children, the 2016 Top Student Recognition Banquet to 2015 Image Award. grandchildren, family and friends. He will be recognize these students. Dee’s unwavering and ongoing kindness missed but his memory will always be remem- Mr. Speaker, I ask my colleagues to join me and generosity has helped to make the Ar- bered by the countless people he touched in recognizing these top graduating seniors, as vada community a better place. Dee’s commu- throughout the years.

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A19AP8.021 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS April 19, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E519 ESSAY BY KAYSIE FAAS to close. Large oil companies in the big cit- and Landon Worsham to the Chatham Pres- ies are forced to cut thousands of jobs. These byterian Church and the Town of Chatham, falling oil prices have a devastating effect on and to the surrounding counties and our great HON. PETE OLSON our area. OF TEXAS As stated above, cheaper gas prices appear nation. IN THE HOUSE OF REPRESENTATIVES to be a blessing to an economy. However, re- f Tuesday, April 19, 2016 siding in a state and a congressional district that rely heavily on oil and gas, the effects CONGRATULATING JESSICA M. Mr. OLSON. Mr. Speaker, I am privileged to can be devastating, even though we are sav- BARRETT ON RECEIVING THE interact with some of the brightest students in ing at the pump. U.S. SMALL BUSINESS ADMINIS- the 22nd Congressional District who serve on f TRATION’S 2016 WOMEN IN BUSI- my Congressional Youth Advisory Council. I NESS CHAMPION OF THE YEAR have gained much by listening to the high RECOGNIZING MILDRED JANE AWARD FOR GUAM school students who are the future of this WORSHAM AND LANDON WORSHAM great nation. They provide important insight HON. MADELEINE Z. BORDALLO from across the political spectrum that sheds HON. ROBERT HURT OF GUAM a light on the concerns of our younger con- OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES stituents. Giving voice to their priorities will IN THE HOUSE OF REPRESENTATIVES Tuesday, April 19, 2016 hopefully instill a better sense of the impor- Tuesday, April 19, 2016 tance of being an active participant in the po- Ms. BORDALLO. Mr. Speaker, I rise today litical process. Many of the students have writ- Mr. HURT of Virginia. Mr. Speaker, I submit to commend and congratulate Jessica M. Bar- ten short essays on a variety of topics and I these remarks in recognition of the service rett on her selection as the U.S. Small Busi- am pleased to share them with my House col- and dedication of Mildred Jane Worsham and ness Administration’s 2016 Women in Busi- leagues. Landon Worsham to the Chatham Pres- ness Champion for Guam. This award honors Kaysie Faas attends Needville High School byterian Church and the entire Chatham com- an individual on Guam who, as an advocate in Needville, Texas. The essay topic is: Oil munity. for women entrepreneurs, has fulfilled a com- Prices Crash: The Impacts on Our Country Mildred Jane Worsham has been serving mitment to the advancement of women’s busi- and Our State. the Chatham Presbyterian Church congrega- ness ownership. Over the past year to eighteen months, we tion as their organist for over 70 years. Mil- Jessica is the President of Barrett Enter- have watched crude oil prices plummet from dred began playing for Chatham Presbyterian prise, Inc., a local family-owned business over $100 per barrel to the $30 per barrel in 1945 at the age of sixteen. Over the years, started in 1972 by her parents Jack and Max- range. Over this same period gas prices at she shared that duty with the late Augusta ine Barrett that provides basic plumbing and the pump have fallen from almost $4.00 per Parrish on an every-other-month basis, and water infrastructure services to residential, gallon, to well below $2.00; the lowest in she now serves as the sole organist. commercial, and government clients on Guam. years. While many people enjoy paying these In addition to her duties as organist, Mrs. lower gas prices and extra cash in their wal- Originally an operation of two employees pro- let, the effects on our economy are often Worsham has also served as the church’s viding only plumbing services, today, Barrett very damaging, especially now that the long-standing session clerk, Choir Director, Plumbing has grown to a workforce of 19 full- United States produces much more oil than taught Sunday School, Bible School and Bible time and locally hired employees, including the past. Studies, and Mrs. Worsham had the honor of five women, providing plumbing services, as Years ago, the United States relied heavily being named the first female elder of Chatham well as maintenance and installation of new on foreign oil as domestic production was Presbyterian Church and was one of the construction of water and wastewater lines in- falling short of expectations. Generally, church’s first female deacons. She was also a frastructure. Under Jessica’s leadership, Bar- when we rely on imported oil, increased oil commissioner for the Presbytery of the Peaks, prices negatively impact the U.S. economy, rett Plumbing expanded its operations and as the price for many goods and services are which included 129 churches spanning parts achieved federal HUBZone certification. The driven by the price of oil. For example, high- of Central Virginia, Southside, the New River company also partners with the Guam Depart- er fuel prices result in increased shipping Valley and Allegheny Highlands, and served ment of Labor to provide an apprenticeship costs, which basically impact the cost of ev- as the Commissioner to the General Assembly program to train new practitioners on Guam. erything from apples to IPADs. Also, higher of Presbyterian Church in the United States. Jessica is also deeply involved with several oil prices result in higher chemical prices for Mrs. Worsham has also been a member of the community organizations on Guam. She is a all chemicals that are produced from oil. So, Sylvania Garden Club, the Homemaker’s Club, founding member and current president of the in general, when we heavily rely on foreign and assisted her husband’s work as Chief of oil, higher oil prices have a large impact on Guam Chapter of the National Association of our economy. the Chatham Volunteer Fire Department for Women in Construction (NAWIC). In this ca- However, in the 2000s, new technology over 50 years. pacity, Jessica has worked to provide guid- (called ‘‘fracking’’) emerged in the oil and For decades, Landon Worsham’s service to ance and counsel to local organizations and gas industry which made it possible to ex- the Chatham community has extended far be- businesses about promoting and advancing tract oil from previously untapped layers. As yond firefighting. In 2013, I had the privilege of the role of women in the construction industry. this technology spread across the U.S., the joining the Town of Chatham, Virginia to honor She has also supported local organizations U.S. became one of the top oil and gas pro- Mr. Worsham for his 60 years of service to ducers in the world. Closer to home, oil and such as the Guam Animals in Need (GAIN), gas production in our state of Texas also fol- Chatham as a volunteer firefighter, 50 of Santa Teresita Catholic Church, and Catholic lowed suit and boomed as well. This boom re- which he spent as fire chief. In addition to this Social Services. Further, in 2014, the Guam sulted in a great economic boost for our tremendous accomplishment, Mr. Worsham Women’s Chamber of Commerce recognized state as a whole and also for the greater has been an active volunteer at the Chatham Jessica as Guam’s first Chamorro woman Houston area that relies heavily on the oil Presbyterian Church, serving as the super- plumber. and gas industry. I personally witnessed this intendent of Chatham Presbyterian’s Sunday I join the people of Guam in congratulating boom during my family travels around the school for over 50 years and counting. Mr. Jessica Barrett on her selection as the SBA’s state. One time quiet and desolate small Worsham is also an elder at the church and south Texas towns had become full of activ- 2016 Women in Business Champion for ity, with new hotels, convenience stores and has served numerous times on the session. Guam. I commend her for her many contribu- restaurants. Everyone who wanted a job, had Mr. Worsham also served as a leader in the tions to our island and community. a job, and times were good. However, as the Chatham Lions Club and the Chatham Jay- f U.S. and Texas produces more oil, we are cees, as well as serving as the Vice President now more dependent and affected by the of the Pittsylvania County Fire-Rescue Asso- PERSONAL EXPLANATION price of oil. So, as the price of oil drops, ciation. He also served his country in the U.S. drilling and production does as well. This di- Air Force during World War II, and was HON. EARL BLUMENAUER rectly affects these small Texas towns and wounded in New Guinea and awarded the large city oil and gas centers such as our OF OREGON home congressional district and the Houston Purple Heart. IN THE HOUSE OF REPRESENTATIVES I ask the members of this House of Rep- area. These decreases in drilling and produc- Tuesday, April 19, 2016 tion activities result in massive lay-offs in resentatives to join with me and the entire oil producing regions. Now the small town Chatham community in thanking and honoring Mr. BLUMENAUER. Mr. Speaker, had I hotels and restaurants are empty and forced the service and dedication of Jane Worsham been present for the vote on H.R. 4570, the

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.024 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E520 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2016 ‘‘100 Years of Women in Congress Act,’’ Jennifer is the Vice President and Central 10 children, all of whom in turn went to col- which expands Department of Agriculture pro- South Regional Manager for the Bank of lege. While teaching at Brainerd Institute, a grams for research and extension grants to in- Guam, the largest financial institution on unique historic institution created from a crease participation by women and underrep- Guam, serving individual clients, small busi- former Freedman’s school, later taken over by resented minorities in the fields of science, nesses, middle-market and large corporations, the Presbyterian Church, one of their daugh- technology, engineering, and mathematics, I and government entities. She is responsible ters, Margaret Iola, met and married fellow would have voted ‘‘aye.’’ for overseeing six Bank of Guam branches teacher, Arthur Aton Adair, a union that pro- Also, had I been present for the vote on with 78 employees serving approximately duced Eunice and her three siblings. When passage of S. 719, a bill to rename the Armed 44,000 customers on Guam. She began her Eunice was 12, her father died. Despite Arthur Forces Reserve Center in Great Falls, Mon- career with the Bank of Guam in 2003 when Aton’s untimely death from pneumonia, her tana, I would have voted ‘‘aye.’’ she joined the bank’s management training mother ensured that all four of the children f program, and since then she has held several went on to finish college, graduating with Joe, management roles, including an operations the youngest. TRIBUTE TO DENNIS MCDANIEL manager, customer service manager, assistant Eunice attended Brainerd Institute right branch manager, and the Haga˚tn˜a branch across the street from her home in Chester, HON. DAVID YOUNG manager. Throughout her career, Jennifer has SC, where her parents had taught. It was there that her love of music was further nur- OF IOWA worked to help local business owners and as- tured into a lifelong love. After graduating from IN THE HOUSE OF REPRESENTATIVES piring entrepreneurs start and expand their Brainerd at 16, Eunice attended Barber-Scotia businesses through access to capital and ad- Tuesday, April 19, 2016 Junior College in Concord, NC, then attended vocacy for economic development. Knoxville College, graduating with a major in Mr. YOUNG of Iowa. Mr. Speaker, I rise Jennifer is also an active member of our elementary education and minoring in music. today to recognize and congratulate Dennis community. She is a founding member and On her way north, she stopped over in Wash- McDaniel who has been named Chief of Po- current president of the Pacific Islands Micro- ington, DC during WWII, and got a govern- lice of Johnston, Iowa. Chief McDaniel has credit Institute, which provides training and ment job (after failing the typing test), working proudly served the central Iowa area as Chief counseling to local entrepreneurs to gain ac- in the Food Stamp Program. of Police in nearby Windsor Heights, Iowa, cess to capital and improve financial manage- and in Marshalltown, Iowa at the start of his She eventually ended up in Harlem, helping ment. In this role, she is personally engaged her big brother Gene set up a day care pro- career. with clients and helps build their networks to His dedication to public service and law en- gram at Mt. Morris, the Presbyterian Church give them a better chance of success. She is he was rejuvenating in central Harlem. A dis- forcement is a testament to many aspiring also a member of the Guam Women’s Cham- community leaders. He has been integrally in- astrous first date resulted in her meeting his ber of Commerce, the Society of Human Re- brother, and Eunice was introduced to Milton volved with the Central Iowa Traffic Safety source Management, and the University of Francis Tingling, a 1st-generation American of Task Force and served as Chairman of the Guam School of Business and Public Adminis- Jamaican parentage, aspiring statesman and Polk County Law Enforcement Executives As- tration Advisory Council and volunteers for law student that she met at an Episcopalian sociation. His commitment to neighborhood Habitat for Humanity. youth dance. They married on November 24, outreach programs have earned him applause I join the people of Guam in congratulating 1950. from his peers. Those programs include Jennifer Sanchez on her selection as the This union produced three children: Michele, Neighborhood Watch, National Night Out and SBA’s 2016 Financial Services Champion for Milton, and Steven. Prior to the birth of her Special Olympics Iowa. Guam. I commend her for her many contribu- first child, Michele, Eunice obtained her Mas- In announcing his move across the Des tions to our island and community. ters Degree in Education from Columbia Uni- Moines metropolitan area from one jurisdiction f versity Teachers College on February 28, to another, the Johnston, Iowa mayor said, 1951. Milton and Eunice settled in NYC, rais- IN HONOR OF MRS. EUNICE ‘‘One thing Chief McDaniel did say about com- ing and educating their three children. Eunice ELIZABETH ADAIR TINGLING munity policing is that your community can be began teaching in NYC public schools, and the first line of defense against things hap- Milton began practicing as an attorney. She pening to you. It takes an entire community to HON. CHARLES B. RANGEL was a founding member and historian for Bar- be safe.’’ OF NEW YORK risters’ Spouses of NY; an elder in Mt. Morris- Mr. Speaker, I applaud and congratulate IN THE HOUSE OF REPRESENTATIVES Ascension Presbyterian Church; former board Chief McDaniel for this award and for sharing Tuesday, April 19, 2016 member & chair of Arthur Eugene & Thelma his leadership with an entire community. I am Davidson Adair Community Life Center; also proud to represent him in the United States Mr. RANGEL. Mr. Speaker, I rise today to helped build & was a member of innumerable Congress. I ask that my colleagues in the celebrate the life, legacy, and work of Eunice community & neighborhood organizations. United States House of Representatives join Elizabeth Adair Tingling; who was a well- Milton preceded Eunice in death on June 9, me in congratulating Chief McDaniel and wish- known resident of Harlem and Washington 1987. Eunice helped her husband get elected ing him nothing but continued success. Heights. On Friday, February 19, Eunice as a judge of the Civil Court of the City of NY f passed away after living a full life well-lived. in 1982. In 1996, she then assisted her son Eunice Elizabeth Adair was born January 4, Milton Adair in his election to Civil Court of the CONGRATULATING JENNIFER B. 1919 in Anderson, South Carolina to Margaret City of NY in 1996, then, again in 2000 when SANCHEZ ON RECEIVING THE Iola Jones, a third generation schoolteacher Milton was elected to the Supreme Court. In U.S. SMALL BUSINESS ADMINIS- and Arthur Aton Adair, a Presbyterian Sunday 2014, Eunice attended the induction of her TRATION’S 2016 FINANCIAL SERV- school missionary. She was the second of four son, Milton, at the swearing-in as the first ICES CHAMPION AWARD FOR children and first of two girls. Together with black county clerk in the history of NY State. GUAM her siblings, older brother Arthur Eugene (later Eunice was a warrior for God, her family and a Presbyterian minister), and younger siblings her church. This petite, quiet, modest, unas- HON. MADELEINE Z. BORDALLO Mary Rose (who became a teacher), and Jo- suming but powerful woman lived a full life, OF GUAM seph Arthur (who became both a minister and and was truly a role model for the thousands IN THE HOUSE OF REPRESENTATIVES a teacher), she lived a busy, active life full of of women and men whose lives she touched. learning, music, family, church and travel. Eu- Eunice passed on February 19, 2016, at Tuesday, April 19, 2016 nice has a proud and extensively documented home, surrounded by family per her wishes. Ms. BORDALLO. Mr. Speaker, I rise today family history. She was the granddaughter of She is survived by children Michele, Milton, & to commend and congratulate Jennifer B. San- formerly enslaved Mary Magdalene Bomar Steven; son-in-law Rick; daughters-in-law chez on her selection as the U.S. Small Busi- who taught school for 60 years & Allen Augus- Carolyn (Milton), Tonja (Milton), Rochelle ness Administration’s 2016 Financial Services tus Jones, also formerly enslaved, who grad- (Steve), & Lisa (Milton); granddaughters Aija Champion for Guam. Jennifer is being hon- uated from Maryville College in 1871. Mai Tingling, Candyce Vines, Nzingha Michele ored for her work in assisting small business Together they traveled the south as Pres- (Carlos) & Jasmine (Langston) Tingling- owners through advocacy efforts to increase byterian missionaries after their marriage, or- Clemmons; grandsons Toussaint L’Ouverture the usefulness and availability of accounting or ganizing schools and churches, teaching other & Langston Mandela Tingling-Clemmons; Mil- financial services for small businesses. newly freed blacks to read and write, raising ton Jordan (Tai), Marcus Jamal & Steven

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.026 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS April 19, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E521 Joshua Tingling; great-grands Zora Ann Tin- tarily to improve the climate for other home- unsurpassed until a still larger reservoir in gling-Clemmons, Malcolm & Zayed Monadel based businesses. West Kern spouted 24 million barrels in 1910. Coleman-Tingling-Clemmons; sisters-in-law Myracle is the Managing Partner of Energy quickly joined agriculture to become Thelma (Eugene) & Justine (Joseph); neph- Kahmeleon, a local graphics design, photog- the twin engine of Kern’s economy, aug- ews Robert, Richard, & Maurice; nieces Daisy raphy, and audio-visual production services menting the steady clip of rural development and Cindy (Rob); dozens of cousins, great- company on Guam. She is also a Partner for with the iridescent bloom of oil wealth. nieces, great-nephews; and multitudes of Three Moon Productions, which partners with Just as suddenly, a supersonic boom in the friends who were family. local artists by collaborating and providing op- skies above Kern announced the birth of mod- Mr. Speaker, I ask that you and my distin- portunities to showcase talents throughout our ern flight in 1947, and with it, the introduction guished colleagues join me in recognizing island. These companies have worked with of high-tech aerospace to our County. It was Mrs. Eunice Elizabeth Adair Tingling. Great numerous artists and performers to promote a natural fit. For whenever our community ap- matriarchs like Mother Tingling are precious their work and expand their outreach to our plies itself to a new challenge, it leverages gifts we temporarily have in this world, but community. Through her work with that unique fusion of technical talent and prac- their caring assistance, contributions and ac- Kahmeleon, Myracle has actively worked to tical entrepreneurialism that makes possible complishments are far remembered and ever- promote programs that teach Chamorro lan- such feats of industry and science as accom- lasting. guage and culture, including developing a web plished in our County. Consider that Kern not f series ‘‘Siha’’ and partnering with the Guam only produces more petroleum than any other Department of Education and Twiddle Produc- county in America, but also provides half of ANTON ZHOU IS A MASTER OF tions to produce an animated documentary, California’s renewable energy, much of it from THE ARTS ‘‘Maisa: The Chamorro Girl that Saved windfarms pioneered in our own Tehachapi Gua˚han.’’ Mountains. In agriculture too, our people were HON. PETE OLSON Myracle is also an active member of our not content with the Valley’s natural advan- tages, but invested in cutting-edge drip irriga- OF TEXAS community. She has worked on numerous projects to promote the arts on Guam, includ- tion and precision sprinkler systems to double IN THE HOUSE OF REPRESENTATIVES ing the Guam International Film Festival and Kern’s crop yield in less than 50 years while Tuesday, April 19, 2016 the GAX Exhibit at the Agana Shopping Cen- conserving water. And so in aerospace, where Mr. OLSON. Mr. Speaker, I rise today to ter. She is also a volunteer with Island Girl many of the same scientists responsible for congratulate Anton Zhou of Sugar Land, Power and adopted a soon-to-be-completed the best military aircraft in history are now in- Texas for being named a Texas Young Master media room with the organization. venting a new industry—civilian space flight— in visual arts for the spring of 2016. This is I join the people of Guam in congratulating in desert laboratories at the world’s first one of the most impressive awards given to a Myracle Mugol on her selection as the SBA’s spaceport, in Mojave, California. young artist in their state. 2016 Home-Based Business Champion for There is so much about Kern that inspires Anton currently attends Clements High Guam. I commend her for her many contribu- pride. Those things I mention today are only School and previously attended the XinSheng tions to our island and community. the contours of our accomplishments, the tan- gible residue of the life’s work of genera- Wang Art School. At 17 years of age, Anton f has won multiple awards and recognition for tions—visible and easy to identify. The true his well-known impressionist and contem- RECOGNIZING THE 150TH value of Kern, measured by the compassion porary art style. Founded in 2002, the Texas ANNIVERSARY OF KERN COUNTY and quality of our families and neighbors, is Young Master program was developed by the not so easily described. To understand this, Texas Cultural Trust and the Texas Commis- HON. KEVIN McCARTHY you must know the people. You must live, and laugh, and love as fiercely as we do. You sion on the Arts. They recognize students OF CALIFORNIA from 8th through 11th grade who have proven must walk the streets of Bakersfield. It is our IN THE HOUSE OF REPRESENTATIVES incredible artistic talent in either visual, per- home—my home—forever. forming, or literary arts. Students recognized Tuesday, April 19, 2016 f as a Texas Young Master are awarded $5,000 Mr. MCCARTHY. Mr. Speaker, I rise today TRIBUTE TO SAL ARZANI in scholarships each year for two years, to as- to recognize the 150th anniversary of Kern sist with continuing education in their selected County, California, which I am proud to rep- art form. resent. HON. DAVID YOUNG On behalf of the Twenty-Second Congres- When the California legislature founded OF IOWA sional District of Texas, congratulations again Kern in 1866, they could not have imagined IN THE HOUSE OF REPRESENTATIVES to Anton Zhou for being named a Texas the empire they were creating. The borders Tuesday, April 19, 2016 Young Master. We can’t wait to see what the they drew circumscribed a vast, underpopu- future brings for him. lated territory slightly smaller than New Jersey, Mr. YOUNG of Iowa. Mr. Speaker, I rise f where Spanish ranchers grazed their herds today to recognize and congratulate Sal beside Paiute and Yokuts tribes living as they Arzani of Interstate 35 High School for winning CONGRATULATING MYRACLE had for centuries. A few determined pioneer the Class 1A, 160-pound bracket at the Iowa MUGOL ON RECEIVING THE U.S. families worked the land, preparing that first High School Athletic Association State Wres- SMALL BUSINESS ADMINISTRA- cycle of spiraling growth and development that tling tournament on February 20, 2016. TION’S 2016 HOME-BASED BUSI- would ever afterward characterize our County. Iowa has a long and proud history of strong NESS CHAMPION OF THE YEAR Agriculture came first. Kern’s early farmers wrestling programs, producing college and AWARD FOR GUAM planted cotton—our original cash crop—in Olympic champions for years. Winning two 1865. Waves of settlers from the crowded state championships in a row is the culmina- HON. MADELEINE Z. BORDALLO East and the farthest stretches of the Old tion of years of hard work and commitment, OF GUAM World brought new seeds, orchards and vine- not only on the part of Sal, but also his par- IN THE HOUSE OF REPRESENTATIVES yards, carrots, almonds, and all the bounty of ents, his family and coaches. the Earth that would flourish in the rich alluvial Mr. Speaker, the example set by Sal dem- Tuesday, April 19, 2016 soil and Mediterranean climate of the San onstrates the rewards of hard work, dedica- Ms. BORDALLO. Mr. Speaker, I rise today Joaquin. Last year’s $7.4 billion harvest is but tion, and perseverance. I am honored to rep- to commend and congratulate Myracle Mugol the latest manifestation of the vast fertility of resent his family and him in the United States on her selection as the U.S. Small Business our Valley, a miracle of irrigation, agronomy, Congress. I ask that all of my colleagues in Administration’s 2016 Home-Based Business and hard work. the United States House of Representatives Champion of the Year Award for Guam. This As the 19th Century ended Kern discovered join me in congratulating Sal on competing in award honors individuals who have experi- an abundance of that resource which would this rigorous competition and wishing him con- enced the rewards and difficulties of owning a dictate the 20th: petroleum. The Kern River tinued success in his education and high home-based business and have worked volun- strike of 1899 set new records in the West, school wrestling career.

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A19AP8.028 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E522 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2016 CONGRATULATING WILLIAM NAN lenges of his profession, he remains enthusi- RECOGNIZING CARLOTTA LEON LI ON RECEIVING THE U.S. astic in his calling to faithfully sharing the GUERRERO ON RECEIVING THE SMALL BUSINESS ADMINISTRA- teachings of Jesus Christ. U.S. SMALL BUSINESS ADMINIS- TION’S 2016 MINORITY SMALL Pastor Hintze is eager to support and en- TRATION’S PHOENIX AWARD FOR BUSINESS CHAMPION OF THE courage the leaders of our nation through OUTSTANDING CONTRIBUTIONS YEAR AWARD FOR GUAM communication and prayer. Today’s not the TO DISASTER RECOVERY AS A first time he’s ministered to an elected body. VOLUNTEER FOR GUAM HON. MADELEINE Z. BORDALLO In addition to being a devoted servant in his OF GUAM community, he has also been a guest Chap- HON. MADELEINE Z. BORDALLO IN THE HOUSE OF REPRESENTATIVES lain in both the Texas Legislature and Senate OF GUAM IN THE HOUSE OF REPRESENTATIVES Tuesday, April 19, 2016 in 2015. Pastor Kevin Hintze represents his faith, Tuesday, April 19, 2016 Ms. BORDALLO. Mr. Speaker, I rise today church, and community with dignity and brings to commend and congratulate William Nan Li Ms. BORDALLO. Mr. Speaker, I rise today honor to the stirring words of the New Testa- on receiving the U.S. Small Business Adminis- to commend and congratulate Carlotta Leon ment, ‘‘Go into all the world and preach the tration’s 2016 Champion of the Year Award for Guerrero on receiving the U.S. Small Business gospel to all creation.’’ I’m privileged to spon- Guam. This award honors an individual on Administration’s 2016 Phoenix Award for Out- sor him as guest chaplain for the House of Guam who has fulfilled a commitment to sup- standing Contributions to Disaster Recovery Representatives. port and assist minority entrepreneurs and as a volunteer. Carlotta is being honored for small business owners. her efforts and contributions that have enabled William is an Assistant Vice President and f businesses of Guam and neighboring island communities to recover successfully from dis- Business Development Officer with the Bank HONORING PHILLIP E. SLOOP FOR of Guam, the largest financial institution on asters. EARNING THE NATIONAL AMER- Carlotta is the Executive Director of the Guam, serving individual clients, small busi- ICAN LEGION CERTIFICATE Ayuda Foundation founded the non-profit or- nesses, middle-market and large corporations, ganization in 1995 with Dr. Mike Cruz of the and government entities. In his role at the Guam Medical Society and Christine Nilsen of Bank of Guam, Will interacts with clients on a HON. RICHARD HUDSON Continental Micronesia, Inc. Carlotta began daily basis to provide assistance and counsel OF NORTH CAROLINA her public service serving six years as a sen- on appropriate commercial banking services to IN THE HOUSE OF REPRESENTATIVES ator in the Guam Legislature from 1994 to meet their business’s individual needs. He has 2000, and has served in different capacities provided outstanding assistance to many local Tuesday, April 19, 2016 within the public and private sectors. businesses, from restaurants to retail owners The Ayuda Foundation is based in Guam Mr. HUDSON. Mr. Speaker, I rise today to to contractors and investors. Further, he works and is dedicated to helping Pacific islanders, honor Phillip E. Sloop for earning the National with several Bank of Guam initiatives to pro- especially our Micronesian region, in times of American Legion Certificate. This certificate mote financial literacy and sponsoring events need. The Ayuda Foundation is meant to im- was awarded to Mr. Sloop for his 70 years of and causes, including the Guam International prove the health and wellbeing of Micronesia continuous service in American Legion Post Marathon, the Guam Football Association, and through medical missions, emergency relief 115, located in Kannapolis, North Carolina. It the ‘‘Nihi Tan Fan Bisita’’ which works with and program support. The Ayuda Foundation local mayors to extend financial counseling to is an honor to thank Mr. Sloop for his brave is comprised of Medical Missions to Micro- island residents who may not have the re- and selfless service to our nation. nesia, Reach Out & Read Early Literacy Pro- sources to obtain it themselves. After graduating from high school in 1934, gram, AIDS Education Project, Island Girl Will is also an active member of our island Mr. Sloop took a job at Cannon Mills, a local Power and Books to Schools. community. He is a current Board Member of textile company, until he was drafted into the Through Ayuda Foundation, Carlotta was the Chinese Chamber of Commerce of Guam Army Air Corps in April of 1941. Just a few able to bring important resources to areas re- and the Guam Chinese Association, as well as months into his service, the attack on Pearl cently hit by storms in places such as Phil- a member of the United Chinese Association, Harbor occurred on December 7, 1941 and ippines, Vanuatu, Chuuk, Yap and Saipan. Guam Chinese Contract Association, and the changed the course of Mr. Sloop’s life. Once She was instrumental in bringing diverse parts Chinese Women Association. Will also volun- the United States entered World War II, Mr. of the community together to assist in pro- teers for outreach events that teach safe fi- Sloop was sent to Australia and joined the viding thousands of dollars of aid to areas af- nancial practices to local high school students. 436th Army Signal Construction Battalion as fected by natural disaster. Carlotta creatively I join the people of Guam in congratulating part of the 5th Air Force. used her own resources to source, procure William Nan Li on his selection as the SBA’s While in Australia, he was responsible for and distribute supplies and assistance to 2016 Minority Small Business Champion for installing communication lines in support of the those in need in the form of donations and in- Guam. I commend him for his many contribu- Allied efforts in the Pacific theater. His service kind contributions. tions to our island and community. in the Pacific extended nearly five years be- Carlotta has selflessly, consistently and tire- f fore the eventual conclusion of the war. Upon lessly worked to help victims of disasters in every way possible. In addition to providing PASTOR KEVIN HINTZE his return home to North Carolina, he returned to his job at the textile mill and joined Amer- food and supplies, she believes that it is crit- ican Legion Post 115, where he has remained ical to assist hospitals within communities HON. JOHN R. CARTER an active member for 70 years. struck by natural disasters to maximize assist- OF TEXAS ance. Though, Ayuda Foundation has a broad I am overjoyed that the American Legion IN THE HOUSE OF REPRESENTATIVES mission of helping the community, the bulk of recognized Mr. Sloop for his service during the work goes to disaster relief. Most noteably, Tuesday, April 19, 2016 World War II and his participation in the Amer- Carlotta and the Ayuda Foundation partnered Mr. CARTER of Texas. Mr. Speaker, I am ican Legion. The men and women in uniform with MAP International, a non-profit in the U.S. honored to sponsor today’s guest chaplain who have answered the call to defend our na- to secure large donations of pharmaceuticals. Pastor Kevin Hintze, the Associate Pastor of tion represent the best our country has to offer She then worked with non-governmental orga- Missions and Outreach at Zion Lutheran and they deserve our continued admiration. nizations around the world to distribute them Church and School in Georgetown, Texas. Opportunities like this serve as a reminder that in areas of conflict and disaster. Ayuda Foun- The guest chaplain program is a wonderful op- we must never take the service and sacrifice dation was able to obtain $400,000 worth of portunity to welcome pastoral leaders from of our veterans for granted, and that we as a medication with only $5,000 donated by the many different backgrounds. This practice nation must continually find ways to recognize Bank of Gaum to donate to the islands of brings to life the freedom of worship enjoyed these heroic patriots for their unparalleled Chuuk and Yap after they were hit by Ty- across this nation. dedication to protecting our freedom. phoon Maysak. Ayuda Foundation was also Pastor Hintze is a steadfast servant of God Mr. Speaker, please join me today in con- able to procure an inter Emergency Health Kit who has dedicated his time and talents to the gratulating Phillip E. Sloop for earning this dis- from MAP International for the community hos- ministry of the Gospel in the Lone Star State tinguished honor, and thanking him for his pital on the island of Saipan after the dev- for the past seven years. Despite the chal- service and dedication to our country. astating Typhoon Soudelor.

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K19AP8.019 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS April 19, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E523 Again, I congratulate Ms. Carlotta Leon tion of their community is truly admirable, and of the Tax Qualifying Program for Guam. He Guerrero on receiving the 2016 Small Busi- their passion is worthy of recognition. is a member and past Chairman of the Univer- ness Administration’s Phoenix Award for Out- These twenty-two exemplary teachers have sity of Guam Endowment foundation, past standing Contributions to Disaster Recovery made a profound impact on their students Chairman of the Guam Chamber of Com- for Guam. I join the people of Guam in com- through their caring, commitment, and profes- merce and past President of the Rotary Club mending her for her award and thanking her sionalism. They are a cohort defined by integ- of Guam. Additionally, David supports other for her many contributions to our island com- rity, excellence, and the highest marks in all local organizations, including sponsoring the munity. they do. The City of Boca Raton is fortunate ASC Trust Corporation Islanders soccer and f to have such outstanding faculty, dedicated to basketball teams. ensuring a bright future for our students. David is a successful business man and NATIONAL ACADEMY OF FUTURE Congratulations to Cara Pavek, Polly family man. He is a leader in our local com- SCIENTISTS AND TECH- Moorman, Jeanne Russell-Khan, Kenneth munity and a role model for others in the pri- NOLOGISTS—GABRIEL AGU Johnson, Tina Garofalo, Alyce Lewert, Debo- vate business sector. David and his company rah Woolsey, Lori Paquette, Stephany Pierre, are committed to Guam and the region, and to HON. PETE OLSON Gina Yallop, Linda Josaphat, Lorraine improving the community through hiring local OF TEXAS Overton, Margaret Longazel, Abbe Snyder, and boosting the economy. I congratulate David on receiving the 2016 IN THE HOUSE OF REPRESENTATIVES Rosanne Breland, Kristen Stern, Randy Weddle, Rachel Smith, Jenifer Berlatsky, Lind- U.S. Small Business Administration’s Small Tuesday, April 19, 2016 say Ackerman-Conway, Lawrence Shane, and Business Person of the Year Award for Guam. Mr. OLSON. Mr. Speaker, I rise today to Nicole Scalisi on being nominated for this I join the people of Guam in commending him congratulate Gabriel Agu from Richmond, TX year’s teacher of the year award. I am pleased on this award and thanking them for their for being accepted into the National Academy to honor them, and I thank them for their con- many contributions to our island community. of Future Scientists and Technologists to rep- tinued service. f resent the state of Texas at the Congress of f THANKING CHARLES RUGGLES Future Science and Technology leaders. FOR HIS CHARITY AND SERVICE Gabriel attends Strake Jesuit College Prep RECOGNIZING DAVID J. JOHN IN School and is one of 13 high school honor RECEIVING THE U.S. SMALL students selected from the Twenty-Second BUSINESS ADMINISTRATION’S HON. DANIEL T. KILDEE Congressional District of Texas. These stu- 2016 SMALL BUSINESS PERSON OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES dents were selected as Texas delegates at the OF THE YEAR AWARD FOR GUAM Congress of Future Science and Technology Tuesday, April 19, 2016 Leaders. This program was designed for high HON. MADELEINE Z. BORDALLO Mr. KILDEE. Mr. Speaker, I ask the United school students to be recognized for their hard OF GUAM States House of Representatives to join me in work in school, as well as to support their as- IN THE HOUSE OF REPRESENTATIVES recognizing Mr. Charles Ruggles for the sup- pirations of working in a science or technology Tuesday, April 19, 2016 port he has offered to the city of Flint and its field. The National Academy was founded by residents during the Flint Water Crisis. Richard Rossi and Dr. Robert Darling; Mr. Ms. BORDALLO. Mr. Speaker, I rise today Mr. Ruggles is a professional photographer Rossi currently serves as president. The Con- to commend and congratulate David J. John who formed the Flint Teens Matter project as gress is being held at the Tsongas Center at on being awarded the U.S. Small Business a response to the water crisis. As a result of the University of Massachusetts, Lowell from Administration’s 2016 Small Business Person the crisis, some families may not have the re- June 29th through July 1st. Gabriel was se- of the Year Award for Guam. David John is sources to have professional portraits taken lected by a group of educators to be a dele- being honored and recognized as an individual for their graduates. The mission of Mr. gate for the Congress thanks to his dedication who has demonstrated outstanding skills, Ruggles’ project is to provide free senior to his academic success and goals of pur- savviness, and ability to create success in the photos to high school students in the city who suing science or technology. We are proud of small business community. He was educated have been impacted by the ongoing water cri- Gabriel and all of his hard work, and know he at the University of Saint Thomas in St. Paul, sis. will make Richmond proud. Minnesota and is the president of ASC Trust Mr. Ruggles empowers his cause through a On behalf of the Twenty-Second Congres- Corporation, a retirement management com- strategy of social networking to recruit photog- sional District of Texas, congratulations again pany located in Haga˚tn˜a, Guam. raphers and donors from around Michigan to to Gabriel for being accepted into the National For the last 25 years, ASC Trust Corpora- join his efforts. Additionally, he accomplishes Academy of Future Scientists and Tech- tion has provided employer sponsored retire- his project’s mission by graciously donating nologists. Keep up the great work. ment plans in Guam and throughout the Pa- his own time to schedule and shoot photog- raphy sessions with teens of families who f cific. The company manages approximately half a billion dollars in retirement assets for have been affected by the crisis. This gesture HONORING TWENTY-TWO TEACH- 23,000 participants and 340 retirement plans leaves a lifelong impact on students and their ERS OF THE GREATER BOCA in the Western Pacific. ASC Trust Corporation families, and one that might not be present RATON AREA has been committed to steady growth and has without Mr. Ruggles’ commendable and chari- expanded to four offices with more than 50 table efforts. HON. THEODORE E. DEUTCH employees in the region. David proudly sup- It is my honor to represent such active and charitable members of our community, and OF FLORIDA ports the local workforce and all of his employ- Charles Ruggles is a shining example. The IN THE HOUSE OF REPRESENTATIVES ees are native residents of the island or city where their office is located in. type of direct and individual care that Mr. Tuesday, April 19, 2016 ASC Trust Corporation is committed to revo- Ruggles has shown is exactly what the citi- Mr. DEUTCH. Mr. Speaker, I rise today in lutionizing retirement plans in the Pacific Re- zens of Flint need. honor of the twenty-two outstanding teachers gion by providing plan sponsors and partici- Mr. Speaker, I applaud the work done by from my district who have been awarded the pants the services they need to plan for suc- Mr. Charles Ruggles and thank him for the Teacher of the Year award from the Rotary cessful retirement. The company offers a local service he has provided to the students and Club of Boca Raton Sunrise. team providing unparalleled service and the city of Flint. For the past 30 years, the Rotary Club of support of industry-leading partners to help f Boca Raton Sunrise has offered this annual manage their technology and investments. Ad- TRIBUTE TO RALPH CRAWFORD distinction to one teacher at each of the twen- ditionally, ASC Trust Corporation is the largest ty-two schools in the greater Boca Raton area. provider of retirement plan management serv- HON. DAVID YOUNG Each awardee is selected by the school’s prin- ices in Micronesia. OF IOWA cipal. These teachers have dedicated them- Not only is David a successful business per- IN THE HOUSE OF REPRESENTATIVES selves to inspiring and empowering the next son, he is also very involved in the local com- generation of young South Floridians. The munity. He is an active member of the Guam Tuesday, April 19, 2016 amount of time and effort these exemplary Economic Development Authority where is the Mr. YOUNG of Iowa. Mr. Speaker, I rise teachers have spent betting the next genera- Vice Chairman of the Board and the Chairman today to recognize and congratulate Ralph

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K19AP8.020 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E524 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2016 Crawford of Villisca, Iowa. Mr. Crawford has (ASBDC) and partnership with the U.S. SBA I am proud to recognize Jack and all our been recognized by France 71 years later for and the National Business Incubation Associa- Vietnam Veterans and we thank you for your his bravery during his service in World War II tion. service. Welcome home. on the infamous D-Day, June 6, 1944. He has Additionally, the Guam Small Business De- f been awarded the French Legion of Honour velopment Center works with the local Guam medal for his ‘gallantry of action and the lib- Small Business Administration Branch Office HONORING THE 50TH ANNIVER- eration of France in World War II.’ This award and Hawaii Small Business Administration Dis- SARY OF THE GREAT LAKES joins his recognition medals from the United trict Office as a champion for Small Business CENTER States of America: Purple Heart, Air Medal Administration products and services. This and Good Conduct Medal. work includes the effective amplification of the HON. BRIAN HIGGINS Stated Crawford: ‘‘The mission was to bomb Small Business Administration mission, prior- OF NEW YORK Teluth.’’ Mr. Crawford flew three missions on ities and programs. The Guam Small Business IN THE HOUSE OF REPRESENTATIVES D-Day as a tailgunner on a B–17 bomber. The Development Center provides excellent cus- Tuesday, April 19, 2016 mission went awry and the Nazis spotted the tomer service with a 95 percent client satisfac- group and without any prior parachute training, tion rate and efficiently meets clients’ needs Mr. HIGGINS. Mr. Speaker, today I rise to Mr. Crawford and his team had to jump for by providing quality counseling. The Guam recognize and honor the 50th anniversary of their lives, mid-air, with no certainty as to their Small Business Development Center utilizes the Great Lakes Center (GLC). For more than fate. The entire crew survived with some inju- all resources available and partners with local half a century, the Great Lakes Center has ries and continued in service to this great na- government agencies and private entities to worked to improve the quality of the environ- tion. carry out its mission of helping entrepreneurs ment by providing the best possible science to Mr. Speaker, I applaud and congratulate Mr. start and expand their businesses. decision makers concerned with the health Crawford for this exemplary award from the Again, I congratulate Guam Small Business and sustainability of our freshwater resources, French government. We are all humbled by Development Center on being awarded the with a primary focus on the Great Lakes and his service and for keeping the United States 2016 U.S. Small Business Development Cen- their watersheds. of America and its allies free. I am proud to ter Excellence and Innovation Center Award. I The Center was established in 1966 when represent him in the United States Congress I commend Guam Small Business Development Howard Sengbush formed the Great Lakes ask that my colleagues in the United States Center Director Casey Jeszenka and the staff Laboratory. The Great Lakes Center’s field House of Representatives join me in congratu- of the Guam SBDC for their leadership in station is located on SUNY Buffalo State’s wa- lating Mr. Crawford and wishing him nothing helping to promote entrepreneurship and sup- terfront campus along the Black Rock Chan- but continued success. port for our local economy. I join the people of nel. It is a multidisciplinary research, edu- cation, and service institute focused on ad- f Guam in commending them for their award and thanking them for their many contributions vancing our knowledge and understanding of RECOGNIZING THE GUAM SMALL to our island community. the largest body of freshwater on Earth. BUSINESS DEVELOPMENT CEN- f The Great Lakes Center is the only institu- TER ON RECEIVING THE U.S. tion within the SUNY system with a research SMALL BUSINESS ADMINISTRA- HONORING THE 50TH ANNIVER- field station physically situated along the TION’S 2016 SMALL BUSINESS DE- SARY OF THE VIETNAM WAR water. The Center maintains a large fleet of VELOPMENT CENTER AND EX- AND BRONZE STAR PRESEN- research vessels dedicated to specific types of CELLENCE AND INNOVATION TATION TO LT. COL. JACK research and educational functions. CENTER AWARD DEICHMAN Over the last eight years under the Direction of Sasha Karatayev, the GLC saw sustained HON. MADELEINE Z. BORDALLO HON. RYAN A. COSTELLO activity and productivity: over 80 research pa- OF GUAM OF PENNSYLVANIA pers published, 240 presentations given at IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES various state, national, and international meet- Tuesday, April 19, 2016 ings and 35 funded projects totaling over 14 Tuesday, April 19, 2016 million dollars. This living laboratory dedicated Ms. BORDALLO. Mr. Speaker, I rise today Mr. COSTELLO of Pennsylvania. Mr. to the investigation of the ecology of the Great to commend and congratulate Guam Small Speaker, on March 29, 2016 we marked the Lakes and its tributaries is staffed by research Business Development Center on being 50th Anniversary of the Vietnam War to honor scientists, educators, technicians and profes- awarded the 2016 U.S. Small Business Devel- and express our gratitude to our Vietnam Vet- sors with the Biology department. The Center opment Center Excellence and Innovation erans. provides opportunities to obtain Masters of Our Vietnam War veterans served our na- Center Award. The Guam Small Business De- Arts and Masters of Science degrees in Great tion with courage, dignity, and a willingness to velopment Center is being recognized for their Lakes Ecosystem Science. make the ultimate sacrifice in service to our excellence in providing value to small busi- The Great Lakes ecosystem is complex, dy- country. nesses and advancing program delivery and Deserving particular praise and commenda- namic, and fragile. The work conducted at the management through innovation. tion for his heroism and service during the GLC informs policy makers, educators, com- The Guam Small Business Development Vietnam War is Lieutenant Colonel (ret.) Jack munity leaders, and environmentalists—and Center began operations in May 1995 through Deichman of the United States Marine Corps. contributes toward effective stewardship and federal funds and celebrates its 20th anniver- I have had the pleasure of knowing Jack for decision-making. As part of the Great Lakes sary this year. It became the Pacific Islands over a year now, and I am grateful I had the Observing System, the GLC operates the only SBDC Network and first service center in the opportunity to acknowledge Jack’s leadership operating observation buoy in eastern Lake region. The Guam Small Business Develop- in Dai Do, Vietnam on March 30, 1968. Erie. The GLC continuously works to reverse ment Center provides free, confidential, one- Mr. Speaker, Jack displayed expert leader- the damage of decades of abuse neglect of to-one counseling in all areas of business ship in maneuvering his Company through the Great Lakes. The Center continues to ex- management to all existing and potential small heavy enemy fire and remained steadfast in plore opportunities to expand its educational business owners and managers that are U.S. assisting his wounded Commander to estab- programs within the regional community. citizens, green card holders or citizens of the lish their defensive positions. In February of this year, I was proud to Freely Associated States. These services in- Because of Jack’s actions, many lives were speak on the House Floor during Great Lakes clude pre-venture feasibility, business plan de- saved that day, and many attribute this battle Day to demonstrate the importance of Con- velopment, marketing, record keeping, finan- as the deciding factor in winning the war. gress to continue to fund the Great Lakes cial and human resource management, oper- We as a nation are grateful for Jack’s heroic Restoration Initiative (GLRI). Since the cre- ations management, access to capital, and actions that day. ation of the Great Lakes Restoration Initiative specialized areas such as international trade His courage and selfless devotion to duty in 2010, nearly $1.6 billion has been invested and technical services. The Guam SBDC is represents the essence of the United States in projects to clean up the Great Lakes, the able to refer local businesses to high-quality Marine Corps and this great nation. world’s largest freshwater system. Locally, the external sources of information and ideas be- Mr. Speaker, on March 29, 2016, the nation Great Lakes Restoration Initiative supports a cause of its membership with U.S. Association acknowledged Jack’s bravery with the presen- number of initiatives including the restoration of Small Business Development Centers tation of the Bronze Star Medal. of the Buffalo River.

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.037 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS April 19, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E525 Mr. Speaker, thank you for allowing me this PERSONAL EXPLANATION HONORING THE LIFE AND LEGACY opportunity to once again speak about the OF MONSIGNOR JOHN DUCETTE Great Lakes with pride in this visionary, vitally important and internationally renowned center HON. JERROLD NADLER HON. BRIAN HIGGINS whose home base is my alma mater, Buffalo OF NEW YORK OF NEW YORK State College as its Gold Anniversary was celebrated on April 15, 2016. Congratulations IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES and deepest appreciation to all those who Tuesday, April 19, 2016 Tuesday, April 19, 2016 contributed to the past and present of this Mr. HIGGINS. Mr. Speaker, I rise today to Center as the preservation, protection and Mr. NADLER. Mr. Speaker, I had to return honor the memory of a great spiritual leader promotion of the Great Lakes is of immeas- to New York, and as a result, I missed votes from Western New York, the Reverend Mon- urable importance to our future. on April 14 through 15, 2016. Had I been signor John I. Ducette, who passed away last present, I would have voted ‘‘no’’ on roll call week at the age of 79. f vote No. 146, Final Passage of H.R. 3340, the Msgr. Ducette was a native of Buffalo and TRIBUTE TO DR. ROBERT L. Financial Stability Oversight Council Reform Niagara Falls, educated in those cities and BOWEN Act, ‘‘no’’ on roll call vote No. 149, Final Pas- later at St. Bonaventure University and Christ sage of H.R. 3791 to raise the consolidated the King Seminary, both in Olean, NY, and assets threshold under the small bank holding later at Seton Hall University, The New York HON. TODD ROKITA company policy statement, ‘‘aye’’ on roll call Province Priests’ Institute and the National In- OF INDIANA vote No. 150, the Amendment offered by Mr. stitute for Clergy Formation. Ordained a priest on St. Patrick’s Day 1962, IN THE HOUSE OF REPRESENTATIVES YARMUTH to clarify that nothing in H.R. 2666 prevents the FCC from requiring or enhancing Msgr. Ducette accepted diocesan assignments Tuesday, April 19, 2016 transparency, ‘‘aye’’ on roll call vote No. 141, and ministered to congregants throughout Mr. ROKITA. Mr. Speaker, I rise today to the Amendment offered by Mr. MCNERNEY Western New York, from East Otto to Niagara honor a notable Hoosier, Dr. Robert L. Bowen, stating that nothing in H.R. 2666 shall affect Falls before finally earning assistant pastor po- who is being honored by the Anti-Defamation the authority of the FCC to act in the public in- sitions at two parishes in the town of Tona- League at the 2016 Man of Achievement terest, and ‘‘no’’ on roll call vote No. 152, Final wanda. Award Dinner in Indianapolis. Passage of H.R. 2666, the No Rate Regula- In 1985, Msgr. Ducette was appointed Pas- tor of St. Timothy’s Parish in the town of The Anti-Defamation League’s Man of tion of Broadband Internet Access Act. Tonawanda, and it is at this parish where he Achievement Award was established to recog- made his most lasting mark. As Pastor for nize individuals and companies who have f more than 23 years, he established St. Tim’s demonstrated exceptional commitment to the as a warm and inviting—and prospering—par- community, justice and equal opportunity for NATIONAL ACADEMY OF FUTURE ish within the nearby Sheridan-Parkside com- all. Dr. Bowen was chosen for this honor be- SCIENTISTS AND TECH- munity. Msgr. Ducette often spoke of St. Tim’s cause of his selfless support of underprivi- NOLOGISTS—COY GARDNER as ‘‘an intentional parish.’’ He told his leged youth in Indianapolis. congregants that, ‘‘the people that come to St. Dr. Bowen and his wife Terry established HON. PETE OLSON Tim’s don’t necessarily live in the community, the Bowen Foundation in 2000 to provide but they long for the type of services that we scholarships to minority students in Indianap- OF TEXAS provide to the people.’’ olis to pursue education past high school. IN THE HOUSE OF REPRESENTATIVES The response he received to his work dem- Over 700 students have received more than onstrated that fact. Msgr. Ducette was a mas- $2 million in scholarships. In 2002, the Tuesday, April 19, 2016 ter at attracting retired priests to St. Tim’s, Bowens, along with the Purdue University where each might say one or two masses per President, founded Science Bound. The pro- Mr. OLSON. Mr. Speaker, I rise today to weekend. In so doing, he managed a robust gram mentors Indianapolis Public Schools congratulate Coy Gardner from Katy, TX for schedule of masses and attracted the fol- (IPS) students from grades 8 through 12 to being accepted into the National Academy of lowers of these retired priests to come and pursue careers in science and technical fields Future Scientists and Technologists to rep- worship at St. Tim’s, thereby growing the size and then receive a full-tuition scholarship to resent the state of Texas at the Congress of of the parish and enhancing the parish’s ability Purdue University. In 2009, Dr. Bowen was in- Future Science and Technology leaders. to provide services to a local community often ducted into the IPS Hall of Fame for his phi- Coy attends Katy High School and is one of beset by economic and social challenges. lanthropy efforts. 13 high school honor students selected from Msgr. Ducette was known to run a tight Dr. Bowen also provides support to Purdue the Twenty-Second Congressional District of ship. He liked to celebrate a well-organized University through the Robert L. and Terry L. Texas. These students were selected as and efficient Sunday mass. But within that effi- Bowen High-Scale Performance Civil Engi- Texas delegates at the Congress of Future ciency was an innate ability to deliver a cogent neering Laboratory, and $11 million research Science and Technology Leaders. This pro- and thoughtful message. While few of Msgr. facility test structure. Every fall since 2010, Dr. gram was designed for high school students to Ducette’s homilies during mass would exceed Bowen drives to Purdue’s campus twice a be recognized for their hard work in school, as two or three minutes of length, all were memo- week to teach leadership and advanced well as to support their aspirations of working rable, and most if not all would end with a project management to 60 senior-level stu- question, usually one that would cause his dents. in a science or technology field. The National Academy was founded by Richard Rossi and congregants to examine their respective faith Dr. Bowen is the founder and chairman of Dr. Robert Darling; Mr. Rossi currently serves and allow them throughout the ensuing week Bowen Engineering Corporation, a multi-mar- as president. The Congress is being held at to consider what they were doing in their lives ket company specializing in water and waste- the Tsongas Center at the University of Mas- to do a greater good within their own commu- water treatment plants and energy utility con- nities. struction. He received his bachelor’s degree in sachusetts, Lowell from June 29th through July 1st. Coy was selected by a group of edu- In addition to having been named a prelate civil engineering from Purdue University and of honor by Pope St. John Paul II and his cators to be a delegate for the Congress has completed the Harvard Business School service as Chaplain of the Town of Tona- thanks to his dedication to his academic suc- OPM Program. He has received many other wanda Police Department, Msrg. Ducette was cess and goals of pursuing science or tech- awards and honors throughout his career. a great lover of the sea. He served as Chap- nology. We are proud of Coy and all of his He is a great friend and confidant of mine, lain of the Port of Buffalo and for 35 years hard work, and know he will make Katy proud. and a wonderful asset to our community, state served as diocesan director of the Apostleship and nation. I wish to congratulate him on this On behalf of the Twenty-Second Congres- of the Sea, praying for the safety of all sea- latest honor and thank him for all he does and sional District of Texas, congratulations again farers and blessing sailing vessels. He deliv- will continue to do to help ensure that the to Coy for being accepted into the National ered blessings at the dedication of the USS American promise as The Land of Opportunity Academy of Future Scientists and Tech- Little Rock and USS The Sullivans at the Buf- is there for those who work to achieve it. nologists. Keep up the great work. falo & Erie County Naval & Military Park. I was

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K19AP8.024 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E526 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2016 proud to invite Msgr. to participate in a nau- to the state’s economy for over 50 years. This as a license to trample on the Constitution and tical ceremony at the Buffalo Yacht Club sev- award, created in 2005 by Senate Bill 920, violate the voting rights of vulnerable commu- eral years ago. pays tribute to the state’s well-established nities across the nation. These continued at- I was proud to have known Msgr. Ducette businesses and their exceptional historical tacks on the rights of eligible voters in this and to have been in his presence when he of- contributions toward the economic growth and country are unconscionable and unconstitu- fered prayers. He was a kind soul, loved by all prosperity of the State of Texas. The Galvan tional. Congress needs to act now to stop this who had the privilege of knowing him. It is cer- Ballroom, located in the heart of Corpus Chris- plague of voter suppression and fight for jus- tain that his many friends and followers mourn ti at 1632 Agnes St., opened its doors on tice. his loss and will look to his great legacy—the March 2, 1950. The Galvan Ballroom was es- Today, as you know, the state of New York successful St. Timothy’s parish—for comfort at tablished by Corpus Christi police officer, en- is holding its primary elections. Unsurprisingly, this time of sadness. trepreneur, and musician Rafael Galvan, Sr. complaints have already been made by eligi- f Mr. Galvan sought to open a venue for the ble voters who registered a minor party or with Galvan Orchestra, a fifteen-piece ensemble no party, and who will not be able to partici- CONGRATULATING STUDENTS featuring his four sons: Ralph, Eddie, Sammy, pate in the primary elections. New state rules FROM WANDO HIGH SCHOOL IN and Bobby. allow only registered Democrats to vote in MOUNT PLEASANT, SOUTH CARO- The Galvan Ballroom earned its reputation Tuesday’s Democratic primary and only reg- LINA as the place in Corpus Christi to visit for big istered Republicans to vote in the GOP con- band, swing, and jazz music. Due to its large test. This new law will leave out 3.2 million HON. MARK SANFORD size, the venue hosted national acts. The New Yorkers who are registered to vote. OF SOUTH CAROLINA large dance hall, which featured a custom- Likewise, my home state of Alabama imple- IN THE HOUSE OF REPRESENTATIVES made revolving chandelier with four spotlights, mented new strict voter ID laws and then closed over 30 DMV offices; the most popular Tuesday, April 19, 2016 was a popular location for dances and other events. South Texans will recall that the location to obtain a driver’s license. Arizona Mr. SANFORD. Mr. Speaker, I rise today in Galvan Ballroom was fully booked with events implemented a similar voter suppression strat- recognition of the students from Wando High nearly every night. On Saturday nights, the egy by reducing their voting sites from 200 in School, located in South Carolina’s First Con- ballroom hosted functions for private clubs and 2012 to 60 in 2016, citing a so-called need for gressional District, who will be participating in community events, including student dances, budget savings. the We the People: The Citizen and the Con- church events, and the annual policeman’s In all, 17 states across the country have im- stitution National Finals a few short days from ball. On Sundays, the ballroom opened to the plemented new restrictive laws aimed at block- now. In order to qualify for the national finals, public for dancing and music, including per- ing the American people from the ballot box. a class must win its state championship or formances by Duke Ellington, Count Basie, New laws with strict photo identification re- qualify as a ‘‘wild card’’ class, which was the and Chester ‘‘Chet’’ Rupe. During the time of quirements, early voting cutbacks, new re- case for Wando this year. These students will segregation, The Galvan Ballroom played a quirements of proof of citizenship, and prac- join with approximately 1,200 high schoolers major role in the social and cultural develop- tices creating grueling waiting lines are all bur- from 56 classes across the nation, all of whom ment of Corpus Christi. The venue promoted densome barriers which would have likely will be competing in the mock hearings held at integration of the Hispanic and Anglo-Amer- been blocked through the Voting Rights Act the University of Maryland. ican communities through diverse musical process of pre-clearance. And not surprisingly, At a variety of levels, it is encouraging to acts, which included African-American groups. these new restrictions have disproportionately see so many students investing their time to The Galvan Ballroom continues to be a mu- affected minority populations such as African further their education by taking an in-depth sical landmark in Corpus Christi. Today, the Americans, Hispanics, Native Americans as look at American history, the Constitution, and ballroom hosts weddings, quincean˜eras and well as university students. the Bill of Rights. And the support these stu- other events. On the first floor is the head- The fear of voter fraud is an excuse. The dents receive throughout the U.S. is remark- quarters of the Galvan Music Company. Eddie need for budget cutbacks is an excuse. The able—each year, local communities raise Galvan, a member of the original Galvan Or- American people are fed up with the excuses. nearly $2,000,000 to support the national final- chestra, was inducted into the South Texas Fundamental to our democracy is the right to ists. Region XIV Band Directors Hall of Fame, and vote, and creating barriers to block the vote is During their time in DC, the high schoolers the South Texas Music Walk of Fame has truly un-American. It holds little value to give not only have the opportunity to explore our also honored members of the Galvan family. someone a car and then take away the keys. nation’s capital, but they will come to dem- In 2015, the Galvan Ballroom was added to Our right to vote is the vehicle to democracy onstrate their civic knowledge by participating the National Register of Historic Places and but we need the keys to easily access the in a simulated congressional hearing before was designated as a Texas Hispanic Heritage polls. The suppression needs to stop, the op- panels of judges made up of constitutional site. Mr. Speaker, I join my colleagues in con- pression needs to stop, and the excuses need scholars, lawyers, journalists, and government gratulating the Galvan Ballroom upon receiv- to stop. Congress needs to stand up and do leaders from across the nation. ing the Texas Treasure Business Award, and something about it now. In closing, I would like to congratulate the wish them many more years of continued con- On this Restoration Tuesday, I give us all students from Wando, wish them good luck at tributions to the Coastal Bend area. the charge to battle against the continued sup- the competition, and offer a word of welcome f pression of the American vote and stand as they make their visit to the Capitol. strong by our principles of democracy, liberty, f VOTER SUPPRESSION IS UN- and justice for all. AMERICAN HONORING THE GALVAN f BALLROOM HON. TERRI A. SEWELL IN RECOGNITION OF IRVIN WAR- OF ALABAMA REN AND HIS SERVICE TO THE COMMUNITY HON. FILEMON VELA IN THE HOUSE OF REPRESENTATIVES OF TEXAS Tuesday, April 19, 2016 IN THE HOUSE OF REPRESENTATIVES HON. RENEE L. ELLMERS Ms. SEWELL of Alabama. Mr. Speaker, Tuesday, April 19, 2016 OF NORTH CAROLINA today on this Restoration Tuesday, I rise to IN THE HOUSE OF REPRESENTATIVES Mr. VELA. Mr. Speaker, I rise today to shed light on the continued voter suppression honor the Galvan Ballroom in Corpus Christi, around the country during this election year Tuesday, April 19, 2016 Texas, which recently received the Texas and the ongoing battle to protect every Ameri- Mrs. ELLMERS of North Carolina. Mr. Treasure Business Award. can’s constitutional right to vote. Speaker, Irvin Warren was born to a rural The Texas Historical Commission, an orga- Alabama—Arizona—Texas—Wisconsin— farming family in Sampson County, North nization authorized by the Texas State Legis- the list goes on. We continue to hear tale after Carolina where he spent his early years learn- lature, honored the Galvan Ballroom with the tale of modern day barriers to the voting polls ing the value of hard, honest work and the im- Texas Treasure Business Award, as a busi- this election year. After the Supreme Court portance of education. Later Mr. Warren pur- ness that has been in operation and has pro- struck down Section 4 pre-clearance require- sued higher education at both East Carolina vided employment opportunities and support ments in 2013, several states took that ruling and North Carolina State Universities; Mr.

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K19AP8.025 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS April 19, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E527 Warren acquired his Master’s degree in Edu- offers high quality long term care and short ued success in his education and high school cation. During his tenure in school he returned term rehabilitation to its residents. Adminis- wrestling career. home on the weekends to continue working on trator Amy Prater and all the staff are to be his family’s farm. commended for the wonderful job they do in f Upon graduation, Mr. Warren became a pro- caring for their residents. The award recog- fessor and it was during this time that his nizes service of the highest excellence among IN RECOGNITION OF THE CAREER Uncle offered him a partnership in an auto the many long term care facilities in the Com- OF JOHN SHIELS parts business. To follow this new aspiration, monwealth of Kentucky. Mr. Warren secured a loan from his mother Caring for the elderly population in our HON. DORIS O. MATSUI and started Warren Oil Company in 1976 with country is a very special and important calling. OF CALIFORNIA only three employees. The Wolfe County Health and Rehabilitation Mr. Warren expanded his company over the Center offers excellent skilled care in a loving IN THE HOUSE OF REPRESENTATIVES next few decades, growing to over 450 em- and compassionate environment. Their award Tuesday, April 19, 2016 ployees and packaging oil products under its was well deserved and serves as the standard Ms. MATSUI. Mr. Speaker, I rise today to own brand, and for other companies. The for other facilities to emulate. I am proud to honor the career of John Shiels. John is a company has expanded across the country, recognize and honor the Wolfe County Health committed community servant in my home- distributing its product across the United and Rehabilitation Center before the United town of Sacramento, California, who has dedi- States and in over 49 countries globally. War- States House of Representatives. cated much of his life to improving flood pro- ren Oil Company is currently the largest inde- f tection for the people who live there. pendent lubricant manufacturer in North Amer- ica. Mr. Warren’s grit and persistence have al- RECOGNIZING GREEK For the past decade, John served honorably lowed for him to remain competitive with multi- INDEPENDENCE DAY on the Board of Trustees of Reclamation Dis- national oil and gas corporations such as trict 1000, which is responsible for maintaining Exxon and BP. the levees that protect the Natomas basin in HON. THEODORE E. DEUTCH Sacramento. John’s leadership on the board Even through this impressive growth Mr. OF FLORIDA of Reclamation District 1000 included sitting Warren has never wavered in his commitment IN THE HOUSE OF REPRESENTATIVES on the Executive, Urbanization, and Personnel to his employees—even referring to them as Committees; in this capacity, John made many part of his own family—furthermore, he contin- Tuesday, April 19, 2016 positive contributions to Sacramento’s levee ued to give back to the community. Mr. DEUTCH. Mr. Speaker, I rise in com- safety. His generosity, commitment to service and memoration of the 195th anniversary of His association with Reclamation District love for people is evident. He has provided re- Greece’s independence. 1000 led to John serving as a member of the lief funding for events such as the earthquake America’s Founding Fathers drew inspiration Sacramento Area Flood Control Agency in Haiti in 2010—even personally visiting the from ancient Greece’s democratic example. (SAFCA), which has been an invaluable part- country during this tragedy and remaining on- Hundreds of years later, the modern-day na- ner to me in my efforts to ensure that Sac- site during a significant portion of the recovery tion of Greece continues to stand as an ally ramento has the highest possible level of flood process. with the United States. Yet our relationship protection. John’s term on SAFCA was char- Perhaps most notably, Mr. Warren has also goes far beyond our mutual security concerns. acterized by his strong leadership, astute coa- provided several all-expenses-paid tours for Our bond is rooted in our shared values of de- lition-building, and unwavering commitment to WW II veterans to visit the D.C. museums and mocracy, liberty, and humanitarian aid. public safety. memorials, assuring that priority was given to As a co-chair of the Congressional Hellenic- Not all of John’s career was spent pro- those who had never been. Mr. Warren is Israeli Alliance Caucus, I will continue to pro- tecting Sacramento from flooding. Indeed, be- committed to continuing these trips until each mote greater collaboration between Congress, fore he became a Trustee of Reclamation Dis- veteran has had the opportunity to see the Israel, and Greece. I congratulate the people trict 1000, John spent a distinguished career Washington sites. of Greece and extend my best wishes on the with several Fortune 500 companies as a sen- This self-driven entrepreneurial spirit, cou- occasion of Greek Independence Day. ior information systems executive. Prior to his pled with the generosity and family-like con- f professional career, he served with the U.S. nection to his employees should be a model Navy Supply Corps, earning several com- for aspiring business people across the United TRIBUTE TO KYLE BISCOGLIA mendations. States. Through hard work and dedication, Mr. Warren has managed to create a highly com- HON. DAVID YOUNG Now that John has retired, he volunteers in petitive business while still remaining deeply the Natomas community and across the Sac- OF IOWA connected to his hometown of Dunn, North ramento region. He is currently President of Carolina. IN THE HOUSE OF REPRESENTATIVES the River Oaks Community Association, and Tuesday, April 19, 2016 assists with administrative responsibilities for f his church. Mr. YOUNG of Iowa. Mr. Speaker, I rise HONORING THE WOLFE COUNTY Those of us in Sacramento who care about today to recognize and congratulate Kyle HEALTH AND REHABILITATION protecting our community from flooding owe a Biscoglia of Waukee, Iowa for winning the CENTER debt of gratitude to John for his years of dis- Class 3A, 106-pound bracket at the Iowa High tinguished service on SAFCA and at Reclama- School Athletic Association State Wrestling tion District 1000. I wish John a happy and ful- HON. ANDY BARR tournament on February 20, 2016. filling retirement, and respectfully ask that my OF KENTUCKY Iowa has a long and proud history of strong colleagues acknowledge him today. IN THE HOUSE OF REPRESENTATIVES wrestling programs in our state, producing col- lege and Olympic champions for years. Win- Tuesday, April 19, 2016 f ning a state championship is the culmination Mr. BARR. Mr. Speaker, I rise to honor a of years of hard work and commitment, not PERSONAL EXPLANATION very special organization from Kentucky’s only on the part of Kyle, but also his parents, Sixth Congressional District. The Wolfe Coun- his family and coaches. ty Health and Rehabilitation Center recently Mr. Speaker, the example set by Kyle dem- HON. BARBARA LEE received the 2015 Facility of the Year Award onstrates the rewards of hard work, dedica- OF CALIFORNIA from the Kentucky Association of Health Care tion, and perseverance. I am honored to rep- IN THE HOUSE OF REPRESENTATIVES Facilities. resent him and his family in the United States Tuesday, April 19, 2016 The Wolfe County facility is located in beau- Congress. I know all of my colleagues in the tiful Campton, Kentucky. They are owned by United States House of Representatives join Ms. LEE. Mr. Speaker, I was not present for First Corbin Long Term Care, Inc., a part of me in congratulating Kyle on competing in this roll call No. 153. Forcht Group of Kentucky. The 100 bed facility rigorous competition and wishing him contin- Had I been present, I would have voted yes.

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\K19AP8.029 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E528 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2016 NATIONAL ACADEMY OF FUTURE sources crucial in the transition to a senior liv- peting in this rigorous competition and wishing SCIENTISTS AND TECHNOLO- ing community. Green Hill provides the tools him continued success in his education and GISTS—MARIA BENNETT and services required to evaluate the level of high school wrestling career. need for each prospective resident, determine f what financial resources are available to them, HON. PETE OLSON PERSONAL EXPLANATION OF TEXAS and explore their different lifestyle options at IN THE HOUSE OF REPRESENTATIVES Green Hill. Green Hill understands that transitioning to a senior living community can HON. TODD C. YOUNG Tuesday, April 19, 2016 be stressful for both the prospective resident OF INDIANA Mr. OLSON. Mr. Speaker, I rise today to and their family; therefore Green Hill is dedi- IN THE HOUSE OF REPRESENTATIVES congratulate Maria Bennett from Katy, TX for cated to all efforts helping to ease the proc- Tuesday, April 19, 2016 being accepted into the National Academy of ess. Future Scientists and Technologists to rep- In addition to the quality care that Green Hill Mr. YOUNG of Indiana. Mr. Speaker, on resent the state of Texas at the Congress of provides to seniors on both ends of the need Monday, April 18, 2016, I was unable to be Future Science and Technology leaders. spectrum, including those independent and present for recorded votes. Had I been Maria attends Cinco Ranch High School and ‘‘on the go’’ as well as those who require full- present, I would have voted: ‘‘Yes’’ on roll call is one of 13 high school honor students se- time assistance, Green Hill also offers an im- vote No. 153, and ‘‘Yes’’ on roll call vote No. lected from the Twenty-Second Congressional mense selection of recreational, educational, 154. District of Texas. These students were se- and social activities. These programs increase f lected as Texas delegates at the Congress of the comfort of living in the convenient metro- TRIBUTE TO DR. ROBERT A. Future Science and Technology Leaders. This politan location of Green Hill. COPELAND, JR. program was designed for high school stu- Mr. Speaker, please join me in thanking the dents to be recognized for their hard work in members and supporters of the Green Hill Re- school, as well as to support their aspirations tirement Community of West Orange, New HON. JAMES E. CLYBURN of working in a science or technology field. Jersey for all of their service to the commu- OF SOUTH CAROLINA The National Academy was founded by Rich- nity, and in congratulating them on their 150th IN THE HOUSE OF REPRESENTATIVES ard Rossi and Dr. Robert Darling; Mr. Rossi Anniversary. Tuesday, April 19, 2016 currently serves as president. The Congress is f being held at the Tsongas Center at the Uni- Mr. CLYBURN. Mr. Speaker, I rise today in versity of Massachusetts, Lowell from June OUR UNCONSCIONABLE NATIONAL remembrance of Dr. Robert A. Copeland, Jr. a 29th through July 1st. Maria was selected by DEBT leading American ophthalmologist who helped a group of educators to be a delegate for the the profession deepen its understanding of Congress thanks to her dedication to her aca- HON. MIKE COFFMAN disparities and broaden its international reach. Dr. Copeland was the founding chairman of demic success and goals of pursuing science OF COLORADO the Department of Ophthalmology at the How- or technology. We are proud of Maria and all IN THE HOUSE OF REPRESENTATIVES of her hard work, and know she will make ard University College of Medicine, the posi- Tuesday, April 19, 2016 Katy proud. tion he held at the time of his untimely passing On behalf of the Twenty-Second Congres- Mr. COFFMAN. Mr. Speaker, on January on the evening of Monday, April 11, 2016. He sional District of Texas, congratulations again 20, 2009, the day President Obama took of- is survived by his wife Candie, whom he mar- to Maria for being accepted into the National fice, the national debt was ried May 24, 2008, and children Kennedie, Academy of Future Scientists and Tech- $10,626,877,048,913.08. Robert III, and Lucas. nologists. Keep up the great work. Today, it is $19,203,643,099,493.25. We’ve Dr. Copeland was widely admired as an ad- vocate for the prevention of eye disease, a f added $8,576,766,050,550.17 to our debt in 6 years. This is over $7.5 trillion in debt our na- mentor to countless students, and an expert CELEBRATING THE 150TH ANNI- tion, our economy, and our children could and attentive physician. His advocacy reached VERSARY OF GREEN HILL RE- have avoided with a balanced budget amend- Capitol Hill, where I had the pleasure of work- TIREMENT COMMUNITY ment. ing with him on patient issues. Dr. Copeland f was scheduled to come to my office for a HON. RODNEY P. FRELINGHUYSEN meeting in conjunction with the American TRIBUTE TO COLTON OF NEW JERSEY Academy of Ophthalmology on April 14, the CLINGENPEEL week of his passing. IN THE HOUSE OF REPRESENTATIVES Robert A. Copeland, Jr., was born on De- Tuesday, April 19, 2016 HON. DAVID YOUNG cember 13, 1955, in Philadelphia, Pennsyl- Mr. FRELINGHUYSEN. Mr. Speaker, I rise OF IOWA vania. His interest in the condition of the eye today in celebration of the 150th Anniversary IN THE HOUSE OF REPRESENTATIVES arose during his first week as a Fisk University of Green Hill Retirement Community located in undergraduate in 1973. Copeland was injured Tuesday, April 19, 2016 West Orange, Essex County, New Jersey. playing football and had to be treated for blunt Green Hill Retirement Community is de- Mr. YOUNG of Iowa. Mr. Speaker, I rise trauma to the right eye at Meharry Medical voted to providing personal care to older today to recognize and congratulate Colton College. After completing his studies at Fisk, Americans of lifestyles ranging from all levels Clingenpeel of Thomas Jefferson High School Copeland earned a medical degree in 1981 of need. Green Hill continues to preserve the in Council Bluffs, Iowa for winning the Class from Temple University School of Medicine. vision of its founders set 150 years ago by 3A, 152-pound bracket at the Iowa High He subsequently completed an internal medi- working to adapt to the changing needs of School Athletic Association State Wrestling cine residency at the Robert Wood Johnson their community. tournament on February 20, 2016. Medical School at the University of Medicine Established in 1866, Green Hill is a non- Iowa has a long and proud history of strong and Dentistry of New Jersey in 1982, an oph- profit facility dedicated to providing compas- wrestling programs in our state, producing col- thalmology residency at Howard University sionate care to seniors and their families. lege and Olympic champions for years. Win- Hospital in 1985, an external disease/cornea Originally founded by the Society for the Relief ning a state championship is the culmination fellowship at Wayne State University School of of Respectable Aged Women in 1866, fol- of years of hard work and commitment, not Medicine in 1986, and a cornea, external dis- lowing the end of the Civil War with just 13 only on the part of Colton, but also his par- ease, and uveitis fellowship at the University residences, Green Hill currently continues to ents, his family and coaches. of California, San Francisco in 1989. expand and innovate new ways of living such Mr. Speaker, the example set by Colton Dr. Copeland contributed more than three as the launch of their Green House Homes demonstrates the rewards of hard work, dedi- decades of service to Howard University. In development in 2011. Though the world has cation, and perseverance. I am honored to 1982, he arrived at Howard University Hospital changed greatly since 1866, the need for self- represent Colton and his family in the United as a young ophthalmology resident. Four less personal care continues to grow. States Congress. I know all of my colleagues years later, he joined the Howard University Additionally, Green Hill provides families of in the United States House of Representatives Department of Surgery, Division of Ophthal- elderly loved ones with all of the necessary re- will join me in congratulating Colton on com- mology, as an instructor. He was elevated to

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.046 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS April 19, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E529 assistant professor in 1988 and to full pro- Science and Technology Leaders. This pro- RECOGNIZING TRENT HARMON, fessor in 2010. He served as interim chief of gram was designed for high school students to 15TH AND FINAL WINNER OF the division from 1993 until his campaign to be recognized for their hard work in school, as ‘‘AMERICAN IDOL’’ make ophthalmology a stand-alone depart- well as to support their aspirations of working ment was successful in 2000. He was named in a science or technology field. The National HON. TRENT KELLY chair in the document ratifying creation of the Academy was founded by Richard Rossi and OF MISSISSIPPI Department of Ophthalmology by the Howard Dr. Robert Darling; Mr. Rossi currently serves IN THE HOUSE OF REPRESENTATIVES University Board of Trustees. as president. The Congress is being held at Tuesday, April 19, 2016 Dr. Copeland wrote multiple papers on cor- the Tsongas Center at the University of Mas- neal and external diseases, uveitis, and other sachusetts, Lowell from June 29th through Mr. KELLY of Mississippi. Mr. Speaker, April diseases of the eye. His research focused on July 1st. Arnya was selected by a group of 7, 2016, was an exciting night for Mississip- conditions affecting the eye, as well as the so- educators to be a delegate for the Congress pians, as we were represented by gifted vocal- cioeconomic and gender disparities in cataract thanks to his dedication to his academic suc- ists, Trent Harmon, of Amory, and La’Porsha surgery, including factors such as insurance cess and goals of pursuing science or tech- Renae, of McComb, the final two contestants coverage, transportation, and other barriers to nology. We are proud of Arnya and all of his during the farewell season of ‘‘American Idol.’’ access. hard work, and know he will make Pearland While Trent was ultimately victorious, he and In 2012, in conjunction with a Duke Univer- proud. La’Porsha have bright futures ahead of them sity professor, Dr. Copeland published and made Mississippi proud. Copeland and Afshari’s Principles and Prac- On behalf of the Twenty-Second Congres- Born and raised in the First District of Mis- tice of Cornea, a definitive textbook on the sional District of Texas, congratulations again sissippi, I was inspired by Trent’s faith in God, cornea. The two-volume work is over 1,500 to Arnya for being accepted into the National hard work ethic, and humility. During the proc- pages long, includes 119 chapters, and Academy of Future Scientists and Tech- ess, Trent was diagnosed with mononucleosis weighs over 14 pounds. Dr. Copeland also nologists. Keep up the great work. and was given the option to quit the show. traveled throughout the world to perform hu- Thankfully, Trent’s hard work and determina- manitarian services for underserved popu- f tion allowed him to compete and overcome lations. He served the people of Haiti, Saint the illness. Lucia, Ghana, Egypt, Ethiopia, Chile, Liberia, CELEBRATING THE 275TH ANNI- Throughout the season, Trent was proud of Nigeria, and India. VERSARY OF THE CITY OF his state and his state was proud of him. This Over the years, Dr. Copeland’s work drew BETHLEHEM was on display during the hometown parade numerous awards and accolades. He was fre- and concert. Thousands of fans flocked to the quently honored by the American Academy of parade in downtown Amory wearing blue and Ophthalmology, garnering the Distinguished HON. CHARLES W. DENT white ‘‘Team Trent’’ shirts, businesses had Service Award, Achievement Award, Council OF PENNSYLVANIA ‘‘Vote for Trent’’ signs in their windows, and of Appreciation Award, Surgery by Surgeons fans crowded Amory High School to watch Award, and the Secretariat Award. He was fre- IN THE HOUSE OF REPRESENTATIVES Trent perform. This is what is special about quently listed as a ‘‘top doctor’’ in major publi- Tuesday, April 19, 2016 Mississippi. People are proud of where they cations. In 2008, Dr. Copeland received the come from and are happy to see each other Professional Service Award from the Preven- Mr. DENT. Mr. Speaker, in 1741, 275 years succeed. tion of Blindness Society of Metropolitan ago, a small group of Moravian settlers found- Most importantly, Trent had the love and Washington, and in 2013, he garnered an ed a community along the banks of the support of his family. He discussed working on Alpha Omega Alpha Honor Medical Society Monocacy Creek in an area about 60 miles his family farm and restaurant and the need to nomination. At Howard University, Dr. north of Philadelphia. leave in order to find success in the music in- Copeland was honored at the Ninth Annual dustry. Even though he had to leave Amory, Spirituality and Medicine Seminar in 2005—he In recognition of their faith—and in the hope his family, community, and state continued to was a member of Washington’s historic Shiloh that they were establishing a community that support his dream. I congratulate Trent on his Baptist Church, where he was a deacon. How- would stand the test of time—they named their success and wish him the best in his future ard also honored Dr. Copeland with a Citation settlement Bethlehem. career. of Achievement Award in 2008. These Moravian settlers chose an excellent f Mr. Speaker, I ask you and my colleagues site for their settlement. Bethlehem quickly ESSAY BY JILLIAN SABOE to join me in remembering this barrier-break- grew to become an important hub for com- ing physician. Dr. Copeland was a leader in merce, industry and learning. It remains so to ophthalmology who used his expertise to help this day, and continues to evolve with the HON. PETE OLSON the underserved. His wisdom and compassion times while still retaining strong ties to its her- OF TEXAS will be sorely missed, but his contributions will itage and founders. IN THE HOUSE OF REPRESENTATIVES live on through all those who learned from Bethlehem also remains a rich melting pot Tuesday, April 19, 2016 him. and serves as a shining example for other cit- f Mr. OLSON. Mr. Speaker, I am privileged to ies. Many of its citizens share a connection to interact with some of the brightest students in NATIONAL ACADEMY OF FUTURE the former Bethlehem Steel plant, which was the 22nd Congressional District who serve on SCIENTISTS AND TECHNOLO- once the number two steel producer in the my Congressional Youth Advisory Council. I GISTS—ARNYA ARORA United States. While time and circumstances have gained much by listening to the high resulted in Bethlehem Steel’s closure, the peo- school students who are the future of this HON. PETE OLSON ple of Bethlehem have proven themselves to great nation. They provide important insight OF TEXAS be as resilient and strong as the steel they from across the political spectrum that sheds IN THE HOUSE OF REPRESENTATIVES forged. The City has continued to prosper, and a light on the concerns of our younger con- it consistently appears on lists of the best stituents. Giving voice to their priorities will Tuesday, April 19, 2016 places to live in the country. hopefully instill a better sense of the impor- Mr. OLSON. Mr. Speaker, I rise today to Now with a population over 75,000, a diver- tance of being an active participant in the po- congratulate Arnya Arora from Pearland, TX sified industrial base, and a unique blend of litical process. Many of the students have writ- for being accepted into the National Academy ten short essays on a variety of topics and I culture and commerce, Bethlehem is cele- of Future Scientists and Technologists to rep- am pleased to share them with my House col- brating its 275th Anniversary. resent the state of Texas at the Congress of leagues. Future Science and Technology leaders. Mr. Speaker, it is an honor for me to serve Jillian Saboe attends Pearland High School Arnya attends Manvel High School and is and represent the people of Bethlehem, and I in Pearland, Texas. The essay topic is: What one of 13 high school honor students selected offer them my sincerest congratulations on makes the political process in Congress so from the Twenty-Second Congressional Dis- their numerous achievements over the course challenging? trict of Texas. These students were selected of their city’s long and storied past. May their In recent decades, many political sci- as Texas delegates at the Congress of Future city long continue to grow and to prosper. entists as well as ordinary people of the

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Although the Constitution and Laugh until you die, poetry so profound other foundational texts and practices em- Cherish every moment we’re alive And this is why he belongs in The Hall of phasize the democratic ways of government As his was a special place, Fame, that sets America apart from the other na- As none will take his place or reside with all those DEAD POETS SOCIETY he tions of the world, what America gains in de- With his laughter bringing us to tears in our could claim now mocracy, America lacks in efficiency. The eyes For Robin was a Man For All Seasons, polarization of Congressmen that results Robin Williams was such a genius none will and for so many reasons as he made us say from diffirent morals, political parties, and deny ‘‘WOW’’ religions is a major factor that makes the As everywhere he went, Whether, on the sidelines with his beloved His life was filled with the kindness so spent political process in Congress so challenging. Niner’s, With his warm heart as he to tried A piece of legislature is voted on a number he was everywhere so all in time here and Laugh, yea laugh until you die of times throughout the process of becoming how official. Legislature is passed through the Live life like it’s your last night And smile with delight so all inside Laugh until you die houses of Congress sometimes several times, Sadly, he must of been one hell of a magi- as well as the through the President and his For Robin’s gift was to bring joy and laugh- cian, peers. Each member of Congress and member ter into peoples lives how he kept all his tears of a clown so all of the President’s cabinet come from a dif- And the ‘‘DEAD POETS SOCIETY’’ wasn’t hidden ferent and unique background. These back- really just an act, But Robin’s very core, grounds include ethnicity, geographical re- it was the closest thing to real Robin Wil- was the heart of a child of which will live on gions, religions, political beliefs, a sense of liams you will find forevermore what is right and what is wrong, and several Yea, let’s laugh until we die Like Peter Pan, this wonderful man other distinguishing factors. Each different Yes, he was one heck of a shusbut, refused to grow up and that’s for sure member of Congress/the Executive team so Morked out all in time And that is why we should all laugh until we votes on legislature on the basis of two dif- So out of this world with his special comedic die ferent things: 1) what his/her constituency mind wants and 2) what he/she wants. Balancing So brilliant we can’t deny ‘‘GOOD MORNING, VIETNAM’’, these two things along with all of the pre- Reaching higher than most of us will ever at- when we hear him say those words we thing viously mentioned personal factors, those tempt to fly of Robin and his smile who vote on legislature in Congress have an So fast and so far and so high As we watched him perform, incredible amount of information to consider A natural born comic reacting with his gut it was like a NIGHT AT THE MUSEUM as prior to making decisions. The natural and in time history was being born. environmental differences between humans And there wasn’t any DOUBTFIRE about As he was always so strong to the finish, that lead to each balancing factor results in Robin being a charming guy cause like ‘‘POPEYE’’ he too ate his spinach a competitive, argumentative, passive Con- For he traveled at light speeds As ‘‘THE FISHER KING’’ he caught our gress. all in his need to entertain us in time hearts with his smile Just like in any relationship between/ And if you ever thought you could catch up Bringing us to new ‘‘AWAKENINGS’’ all the among individuals, reaching agreements to him, while when faced with a challenge or suggestion You were out of your mind And that’s why we should all laugh until we can be difficult. When you extend hundreds Because his mind was always in a race, die Towards laughter at such a pace of individuals, who are in charge of thou- As he was one of ‘‘THE ARISTOCRATS’’, So interstellar, sands of individuals each, into one single po- Kings of Comedy and that’s a fact so extraterrestrial as time he did not waste litical relationship, reaching an agreement Equipped with such ‘‘ARTIFICIAL INTEL- So out of this world, almost seems impossible. Therefore, congres- LIGENCE’’, as he added new meaning to Area 51 with his sional struggles that exist and prevent some oh how he could rap design pieces of legislature from being efficiently And upon the stage, Robin would ‘‘SIEZE All in the days of our lives, passed, are consequences of inevitability and THE DAY’’ When things seemed filled with sadness and must either be dealt with or Congress must Watching him, was always ‘‘THE BEST OF strife be reorganized. TIMES’’ we can say Robin gave the world what she so needed in As not the question we all must ask, f time from his craft ‘‘WHAT DREAMS MAY LAUGHTER, is the best medicine you will COME?’’ POEM BY ALBERT CASWELL IN find While, riding in his ‘‘RV’’ or on the stage of HONOR OF ROBIN WILLIAMS Making us forget about our worries and our life he brought such glee cares, HON. JOSEPH CROWLEY as we laughed until we cried with him there As now it’s all very clear, And laughter, because of his heart he was always the ‘‘MAN OF NEW YORK HE MADE IT RAIN OF THE YEAR’’. IN THE HOUSE OF REPRESENTATIVES Coming down in buckets so insane But ‘‘THE FINAL CUT’’, Tuesday, April 19, 2016 Giving back everywhere he went Was so what we all felt when we heard he had Was what his life’s work so meant died Mr. CROWLEY. Mr. Speaker, I rise today in ‘‘GOODWILL HUNTING’’ was how his time As came the tears down upon our face as we memory of the remarkably talented Robin Wil- was spent asked why? liams, a man who gave the world one of the Making us smile with laughter wherever he Knowing, that no longer on this earth Robin greatest gifts of all—laughter. The following commenced would reside poem was written in his honor by Albert So laugh until you die And on that day our world got a little bit sadder as we realized Caswell: And one Robin’s special loves so all inside Were our men and women of The Armed But he’s not really gone LAUGH UNTIL YOU DIE IN MEMORY OF ROBIN WILLIAMS Forces, For he lives on and on, (By: Albert Carey Caswell) as half was around the world to them he in everyone’s heart who has seen him per- Laugh would fly form Laugh until you die Traveling overseas, As into future generations they will admire Wipe those tears from your eyes For their families there was nothing he’d this sensation, Laugh, laugh until you die deny named Robin Williams living on as out his Because life is far too short to ever ask why But his greatest loves of all, name they cry Robin Williams, was a shooting star so way were his children and his wife we saw And if we could all ‘‘PATCH ADAMS’’ up our up high ‘‘THE WORLD’S GREATEST DAD’’, hearts So out of this world and in his mind, His children knew they had And from his memory in all our tears try to as to new heights he would climb Now, whenever we say his name, start So brilliant and so bright, our hearts fill with love and such pain miss- TO LAUGH soaring ever higher with his mind as he took ing him so bad. By remembering what came from his heart flight Please laugh until you die All in that laughter which was his TRUE Was he really from another planet in time? And anyone who’s ever done standup will not WORK OF ART This comet that we called his life deny In our hearts Laugh until you dies Robin was The Clown Prince of Comedy all And laugh until we die As he brought so many smiles at speed was this guy. Because, we all live short lives

VerDate Sep 11 2014 06:07 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A19AP8.055 E19APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS April 19, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E531 TRIBUTE TO THE CRESTON HIGH the business community as one of the most AFB has a long and established legacy of pro- SCHOOL WRESTLING TEAM valuable and credible sources for commerce tecting our national security. news. Their high caliber reporting and journal- MacDill has continued to evolve and thrive HON. DAVID YOUNG istic integrity offers the region’s businesses a over its 75 year lifespan. MacDill went from OF IOWA well-balanced and informative source for training crews to fly B–17 Flying Fortresses news. IN THE HOUSE OF REPRESENTATIVES and B–26 Marauder bombers in World War II Regular features include industry and mar- to B–29 Superfortresses, B–47 Stratojets and Tuesday, April 19, 2016 ket reports, company success stories and ex- F–84, F–4 and F–16 fighters. It now is home Mr. YOUNG of Iowa. Mr. Speaker, I rise ecutive insights. The newspaper also provides to two wings that fly KC–135 Stratotanker aer- today to recognize and congratulate the regular updates on educational programs serv- ial refueling jets. The base has played a key Creston High School wrestling team for win- ing businesses, ongoing features introducing role in U.S. military actions from World War II, ning the Iowa High School 2A Wrestling local company web sites, as well as articles the Korean War, the Cuban missile crisis, the Championship title. on local politics and how they affect business Vietnam War, the Gulf War and the ongoing I send my congratulations to each member in the Rio Grande Valley. In addition, Texas fight against terrorism in the Middle East and of the team: Border Business covers the high-tech industry, elsewhere. From its first day in service to our Wrestlers by Weight Class— with reports on e-commerce, broadband, wire- nation to now, MacDill has consistently played 113—Jacob Goodson less, data storage, web design, computer pe- a vital role in U.S. military achievement. 138—Wyatt Thompson ripherals, and security. Currently, MacDill houses the 6th Air Mobil- 160—Cam Leith Furthermore, Texas Border Business also ity Wing and 39 Mission Teammates, including 195—Seth Maitlen serves as a reminder that perseverance is the U.S. Central Command and U.S. Special Op- 126—Trevor Marlin key to success. Roberto H. Gonzalez started erations Command, Marine Corps Forces 145—Mitchel Swank this publication using the last few dollars that Central Command, the Joint Communications 170—Chase Shiltz he had. His home was being foreclosed and Support Element and dozens of other mission 220—Kadon Hulett bills were piling up. He had been unemployed partners, including, until July, the aircraft oper- Head Coach: Darrell Frain. for over a year and had barely enough money ations center of the National Oceanic and At- Coaches: Cody Downing and Eric Ehlen. to make it day to day. However, he never lost mospheric Administration. Mr. Speaker, the success of this team and hope. After, ten years of success through hard As integral as it is to our national security their coaches demonstrates the rewards of work and dedication, this anniversary shows operations, MacDill is also a critical partner in hard work, commitment, and determination. I what can be accomplished. our nation’s humanitarian response efforts. Its am honored to represent them in the United Mr. Speaker, I am honored to have the op- strategic location was used to respond and aid States Congress. I ask that all of my col- portunity to recognize Texas Border Business the millions devastated by the 2010 earth- leagues in the United States House of Rep- on its ten year anniversary and I congratulate quake that ravaged the capital city of Haiti, resentatives join me in congratulating the team Roberto Hugo Gonzalez and the Texas Border Port-a-Prince. for competing in this rigorous competition and Business team for their important contributions wishing them all nothing but continued suc- to the business community in the Rio Grande MacDill is home to more than 13,000 mili- cess. Valley. tary and civilian personnel. Nearly 170,000 re- tirees live in the Tampa area and depend on f f the base for many necessary services. MacDill CELEBRATING THE 10TH ANNIVER- IN RECOGNITION OF THE 75TH AN- remains a vital economic driver and a source SARY OF TEXAS BORDER BUSI- NIVERSARY OF MACDILL AIR of good paying jobs for Southwest Florida resi- NESS FORCE BASE dents. The base pumps about $5 billion a year into the regional economy. MacDill is part of HON. HENRY CUELLAR HON. THOMAS J. ROONEY fabric of Southwest Florida; the relationship between the base and community is among OF TEXAS OF FLORIDA the strongest in the military. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Many of my constituents work and serve at Tuesday, April 19, 2016 Tuesday, April 19, 2016 MacDill and I am proud to represent these Mr. CUELLAR. Mr. Speaker, I rise today to Mr. ROONEY of Florida. Mr. Speaker, I rise brave Floridians in an area that is so integral celebrate the ten year anniversary of Texas today to recognize the 75th anniversary of to our national defense. I know that MacDill Border Business. MacDill Air Force Base in Tampa, Florida. will continue to play a crucial role in protecting Roberto H. Gonzalez founded Texas Border The Base was officially activated on April Florida’s families as our nation faces ongoing Business in 2005 as a source of business 16, 1941 and named in honor of Col. Leslie and future security challenges. I am proud to news for South Texas and Northern Mexico. MacDill, a World War I veteran and aviation support MacDill Air Force Base every day and Since its inception, it has been regarded by pioneer who died in a plane crash. MacDill especially today on its 75-year anniversary.

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HIGHLIGHTS Senate passed H.R. 636, Federal Aviation Administration Reauthorization Act, as amended. Senate Chamber Action Measures Considered: Energy Policy Modernization Act—Agreement: Routine Proceedings, pages S2131–S2203 Senate resumed consideration of S. 2012, to provide Measures Introduced: Six bills and two resolutions for the modernization of the energy policy of the were introduced, as follows: S. 2814–2819, S. Res. United States, taking action on the following 431, and S. Con. Res. 35. Page S2197 amendments proposed thereto: Pages S2145–91 Measures Passed: Adopted: Murkowski (for Cantwell) Amendment No. 3276 Federal Aviation Administration Reauthoriza- (to Amendment No. 2953), to strike certain provi- tion Act: By 95 yeas to 3 nays (Vote No. 47), Senate sions relating to technology demonstration on the passed of H.R. 636, to amend title 49, United States distribution system, large-scale geothermal energy, Code, to authorize appropriations for the Federal and bio-power initiatives. Pages S2145–91 Aviation Administration for fiscal years 2016 Murkowski (for Klobuchar) Modified Amendment through 2017, after agreeing to the following No. 3302 (to Amendment No. 2953), to modify amendment proposed thereto: Pages S2143–45 provisions relating to the energy efficiency materials Adopted: pilot program. Pages S2145–91 Thune Amendment No. 3799, to amend the title. Murkowski (for Flake/McCain) Amendment No. Page S2144 3055 (to Amendment No. 2953), to establish a pilot Fallen Heroes Flag Act: Committee on Rules and project relating to the Western Area Power Admin- Administration was discharged from further consid- istration. Pages S2145–91 eration of S. 2755, to provide Capitol-flown flags to Murkowski (for Flake) Amendment No. 3050 (to the immediate family of firefighters, law enforce- Amendment No. 2953), to require the Secretary of ment officers, members of rescue squads or ambu- Energy to make available certain information about lance crews, and public safety officers who are killed research grants of the Department of Energy. in the line of duty, and the bill was then passed. Pages S2145–91 Pages S2201–02 Murkowski (for Hatch) Amendment No. 3237 (to Breast Cancer Awareness Commemorative Coin Amendment No. 2953), to require the Secretary of Act: Committee on Banking, Housing, and Urban the Interior to submit recommendations to Congress Affairs was discharged from further consideration of on incorporating Internet-based lease sales for the H.R. 2722, to require the Secretary of the Treasury sale of Federal oil and gas in certain circumstances. to mint coins in recognition of the fight against Pages S2145–91 breast cancer, and the bill was then passed. Murkowski Amendment No. 3308 (to Amend- Page S2202 ment No. 2953), to clarify certain provisions relating Recognizing the 4–H Program: Senate agreed to to the natural gas pipeline authorized in the Denali S. Res. 431, recognizing the immeasurable benefits National Park and Preserve. Pages S2145–91 of the national 4–H program to the young people of Murkowski (for Heller/Heinrich) Modified the United States and supporting the campaign to Amendment No. 3286 (to Amendment No. 2953), expand the 4–H program. Page S2202 to promote the development of renewable energy on public land. Pages S2145–91 D392

VerDate Sep 11 2014 06:00 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D19AP6.REC D19APPT1 SSpencer on DSK4SPTVN1PROD with DIGEST April 19, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D393 Murkowski (for Vitter) Amendment No. 3075 (to Murkowski (for Vitter) Modified Amendment No. Amendment No. 2953), to require the Bureau of 3265 (to Amendment No. 2953), to provide addi- Safety and Environmental Enforcement to review the tional priorities for an energy workforce pilot grant economic impact of a rule on small entities. program. Pages S2145–91 Pages S2145–91 Murkowski (for Kaine/Warner) Amendment No. Murkowski (for Portman) Amendment No. 3168 3012 (to Amendment No. 2953), to remove the use (to Amendment No. 2953), to exclude power supply restrictions on certain land transferred to Rocking- circuits, drivers, and devices designed to be con- ham County, Virginia. Pages S2145–91 nected to, and power, light-emitting diodes or or- Murkowski (for Alexander/Merkley) Amendment ganic light-emitting diodes providing illumination No. 3290 (to Amendment No. 2953), to add a pro- or ceiling fans using direct current motors from en- vision relating to secondary use applications of elec- ergy conservation standards for external power sup- tric vehicle batteries. Pages S2145–91 plies. Pages S2145–91 Murkowski (for Gillibrand/Cassidy) Amendment Murkowski (for Shaheen) Modified Amendment No. 3004 (to Amendment No. 2953), to allow the No. 3292 (to Amendment No. 2953), to reduce bar- use of Federal disaster relief and emergency assist- riers to combined heat and power systems and waste ance for energy-efficient products and structures. Pages S2145–91 heat to power systems. Pages S2145–91 Murkowski (for Heinrich) Amendment No. 3155 Murkowski (for Warner/Kaine) Modified Amend- (to Amendment No. 2953), to ensure that minority ment No. 3233 (to Amendment No. 2953), to au- serving-institutions are considered in developing a thorize, direct, facilitate, and expedite the transfer of strategy for the support and development of a skilled administrative jurisdiction of certain Federal land. energy workforce, and to ensure the Secretary of En- ergy shall provide direct assistance in carrying out Pages S2145–91 the energy workforce pilot grant program. Murkowski (for Thune) Amendment No. 3239 (to Amendment No. 2953), to establish a subcommittee Pages S2145–91 to coordinate and facilitate United States leadership Murkowski (for Manchin) Amendment No. 3270 (to Amendment No. 2953), to modify provisions re- in high-energy physics. Pages S2145–91 lating to the coal technology program. Murkowski (for Udall) Amendment No. 3221 (to Pages S2145–91 Amendment No. 2953), to establish a voluntary Murkowski (for Cantwell) Modified Amendment WaterSense program within the Environmental Pro- No. 3313 (to Amendment No. 2953), to express the tection Agency. Pages S2145–91 sense of the Senate on accelerating energy innova- Murkowski (for Coons) Amendment No. 3203 (to tion. Pages S2145–91 Amendment No. 2953), to provide for a study of Murkowski (for Cantwell) Amendment No. 3214 waivers of certain cost-sharing requirements of the (to Amendment No. 2953), to provide for improved Department of Energy. Pages S2145–91 energy emergency response efforts of the Department Murkowski (for Portman) Modified Amendment of Energy. Pages S2145–91 No. 3309 (to Amendment No. 2953), to provide for Murkowski (for Vitter) Amendment No. 3266 (to activities relating to the centennial of the National Amendment No. 2953), to require the Comptroller Park System. Pages S2145–91 General of the United States to prepare a report re- Murkowski (for Flake) Amendment No. 3229 (to lating to the statutory and regulatory authority of Amendment No. 2953), to establish a program to the Bureau of Safety and Environmental Enforcement reduce the potential impacts of solar energy facilities relating to the legal procurement of privately owned on certain species. Pages S2145–91 helicopter fuel, without agreement, from lessees, per- Murkowski (for Inhofe/Peters) Amendment No. mit holders, operators of federally leased offshore fa- 3251 (to Amendment No. 2953), to modify the cal- cilities, or independent third parties. Pages S2145–91 culation of fuel economy for gaseous fuel dual fueled Murkowski (for Sullivan) Amendment No. 3310 automobiles. Pages S2145–91 (to Amendment No. 2953), to provide for the cor- Murkowski Amendment No. 2963 (to Amend- rection of a survey of certain land in the State of ment No. 2953), to modify a provision relating to Alaska. Pages S2145–91 bulk-power system reliability impact statements. Murkowski (for Heinrich) Amendment No. 3317 Pages S2145–91 (to Amendment No. 2953), to require the Secretary By a unanimous vote of 97 yeas (Vote No. 48), of Energy to ensure that the costs of general and ad- Murkowski/Cantwell Modified Amendment No. ministrative overhead are not allocated to laboratory 3234 (to Amendment No. 2953), to add certain pro- directed research and development. Pages S2145–91 visions relating to natural resources. (Pursuant to the

VerDate Sep 11 2014 06:00 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D19AP6.REC D19APPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D394 CONGRESSIONAL RECORD — DAILY DIGEST April 19, 2016 order of Wednesday, April 13, 2016, the amend- By 33 yeas to 64 nays (Vote No. 53), three-fifths ment having achieved 60 affirmative votes, was of those Senators duly chosen and sworn not having agreed to.) Page S2187 voted in the affirmative, Senate rejected a motion to By 66 yeas to 31 nays (Vote No. 49), Isakson waive all applicable sections of the Congressional Amendment No. 3202 (to Amendment No. 2953), Budget Act of 1974 and applicable budget resolu- to improve the accuracy of mortgage underwriting tions with respect to consideration of Paul Amend- used by the Federal Housing Administration by en- ment No. 3787 (to Amendment No. 2953), to pro- suring that energy costs are included in the under- vide for the establishment of free market enterprise writing process, to reduce the amount of energy con- zones in order to help facilitate the creation of new sumed by homes, to facilitate the creation of energy jobs, entrepreneurial opportunities, enhanced and re- efficiency retrofit and construction jobs. (Pursuant to newed educational opportunities, and increased com- the order of Wednesday, April 13, 2016, the amend- munity involvement in bankrupt or economically ment having achieved 60 affirmative votes, was distressed areas. Subsequently, a point of order that agreed to.) Page S2188 the amendment was in violation of section 311(a) of Murkowski (for Burr) Modified Amendment No. the Congressional Budget Act of 1974, was sus- 3175 (to Amendment No. 2953), to ensure that the tained, and the amendment thus fell. Pages S2190–91 Secretary of the Interior collaborates fully with State A unanimous-consent agreement was reached pro- and local authorities and certain nonprofit entities in viding that the previously scheduled vote on the mo- managing the Corolla Wild Horse population on tion to invoke cloture on the bill, upon reconsider- Federal Land. (A unanimous-consent agreement was ation, be vitiated. Page S2191 reached providing that the requirement of a 60 af- A unanimous-consent agreement was reached pro- firmative vote threshold, be vitiated.) Page S2188 viding that at approximately 9:30 a.m., on Wednes- Murkowski (for Cassidy/Markey) Amendment No. day, April 20, 2016, the time until 10 a.m. be 2954 (to Amendment No. 2953), to provide for cer- equally divided between the two Leaders, or their tain increases in, and limitations on, the drawdown designees; and that at 10 a.m., Senate vote on pas- and sales of the Strategic Petroleum Reserve. (A sage of the bill, as amended. Page S2191 unanimous-consent agreement was reached providing A unanimous-consent agreement was reached pro- that the requirement of a 60 affirmative vote thresh- viding for further consideration of the bill at ap- proximately 9:30 a.m., on Wednesday, April 20, old, be vitiated.) Page S2145 Murkowski Amendment No. 2953, in the nature 2016. Page S2202 of a substitute. Page S2145 Message from the President: Senate received the Rejected: following message from the President of the United By 34 yeas to 63 nays (Vote No. 50), Lankford States: Amendment No. 3210 (to Amendment No. 2953), Transmitting, pursuant to law, a report relative to to add provisions relating to acquisition of Federal the issuance of an Executive Order expanding the land under the Land and Water Conservation Fund. scope of the national emergency originally declared (Pursuant to the order of Wednesday, April 13, in Executive Order 13566 of February 25, 2011, 2016, the amendment having failed to achieve 60 af- with respect to Libya; which was referred to the firmative votes, was not agreed to.) Page S2189 Committee on Banking, Housing, and Urban Affairs. By 42 yeas to 55 nays (Vote No. 51), Boozman (PM–46) Pages S2196–97 Amendment No. 3311 (to Amendment No. 2953), Nomination Confirmed: Senate confirmed the fol- to require a report relating to certain transmission lowing nomination: infrastructure projects. (Pursuant to the order of Michael Joseph Missal, of Maryland, to be Inspec- Wednesday, April 13, 2016, the amendment having tor General, Department of Veterans Affairs. failed to achieve 60 affirmative votes, was not agreed Page S2203 to.) Pages S2189–90 Messages from the House: Page S2197 By 50 yeas to 47 nays (Vote No. 52), Udall Measures Referred: Page S2197 Amendment No. 3312 (to Amendment No. 2953), to require the Secretary of the Treasury to develop Additional Cosponsors: Pages S2197–99 a plan for issuance of Clean Energy Victory Bonds. Statements on Introduced Bills/Resolutions: (Pursuant to the order of Wednesday, April 13, Pages S2199–S2200 2016, the amendment having failed to achieve 60 af- Additional Statements: Page S2196 firmative votes, was not agreed to.) Page S2190 During consideration of this measure today, Senate Amendments Submitted: Page S2200 also took the following action: Authorities for Committees to Meet: Page S2201

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Privileges of the Floor: Page S2201 mander, United States Cyber Command, both of the Record Votes: Seven record votes were taken today. Department of Defense. (Total—53) Pages S2143, S2187–91 BUDGET: EPA Adjournment: Senate convened at 10 a.m. and ad- Committee on Environment and Public Works: Com- journed at 6:50 p.m., until 9:30 a.m. on Wednes- mittee concluded an oversight hearing to examine day, April 20, 2016. (For Senate’s program, see the the President’s proposed budget request for fiscal remarks of the Acting Majority Leader in today’s year 2017 for the Environmental Protection Agency, Record on page S2202.) after receiving testimony from Gina McCarthy, Ad- Committee Meetings ministrator, Environmental Protection Agency. CENTRAL AMERICA AND THE ALLIANCE (Committees not listed did not meet) FOR PROSPERITY BUSINESS MEETING Committee on Foreign Relations: Committee concluded a hearing to examine Central America and the Alli- Committee on Appropriations: Subcommittee on Trans- ance for Prosperity, focusing on identifying United portation, Housing and Urban Development, and States priorities and assessing progress, after receiv- Related Agencies approved for full committee con- ing testimony from Francisco Palmieri, Principal sideration proposed legislation making appropria- Deputy Assistant Secretary of State, Bureau of West- tions for fiscal year 2017 for transportation, housing ern Hemisphere Affairs; Elizabeth Hogan, Acting and urban development, and related agencies. Assistant Administrator for Latin America and the BUSINESS MEETING Caribbean, and Jose R. Cardenas, former Acting As- Committee on Appropriations: Subcommittee on Com- sistant Administrator for Latin America and the Car- merce, Justice, Science, and Related Agencies ap- ibbean, both of the United States Agency for Inter- proved for full committee consideration proposed national Development; and Jim Swigert, National legislation making appropriations for fiscal year Democratic Institute for International Affairs Latin 2017 for commerce, justice, science, and related America and Caribbean Programs, Washington, D.C. agencies. PREVENTING DRUG TRAFFICKING NOMINATION THROUGH INTERNATIONAL MAIL Committee on Armed Services: Committee concluded a Committee on Homeland Security and Governmental Af- hearing to examine the nomination of General Vin- fairs: Committee met to discuss preventing drug cent K. Brooks, USA, for reappointment to the trafficking through international mail, receiving tes- grade of general and to be Commander, United Na- timony from Guy Cottrell, Chief Postal Inspector, tions Command/Combined Forces Command/United Postal Inspection Service, United States Postal Serv- States Forces Korea, after the nominee testified and ice; Joseph P. Murphy, Chief, International Postal answered questions in his own behalf. Policy Unit, Office of Specialized and Technical DEFENSE AUTHORIZATION REQUEST AND Agencies, Bureau of International Organization Af- FUTURE YEARS DEFENSE PROGRAM fairs, Department of State; Mark W. Hamlet, Special Agent in Charge, Special Operations Division, Drug Committee on Armed Services: Subcommittee on Emerg- Enforcement Agency, Department of Justice; Todd ing Threats and Capabilities concluded a closed hear- C. Owen, Executive Assistant Commissioner, Office ing to examine cybersecurity and United States of Operations, Customs and Border Protection, De- Cyber Command in review of the Defense Authoriza- partment of Homeland Security; and Norman T. tion Request for fiscal year 2017 and the Future Schenk, United Parcel Service, Inc., Washington, Years Defense Program, after receiving testimony D.C. from Thomas F. Atkin, Acting Assistant Secretary for Homeland Defense and Global Security, Principal INTELLIGENCE Deputy of the Principal Cyber Advisor to the Sec- Select Committee on Intelligence: Committee met in retary and performing the functions of the Principal closed session to receive a briefing on certain intel- Cyber Advisor to the Secretary, and Lieutenant Gen- ligence matters from officials of the intelligence eral James K. McLaughlin, USAF, Deputy Com- community.

VerDate Sep 11 2014 06:00 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D19AP6.REC D19APPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D396 CONGRESSIONAL RECORD — DAILY DIGEST April 19, 2016 House of Representatives Guest Chaplain: The prayer was offered by the Chamber Action Guest Chaplain, Reverend Kevin Hintze, Zion Lu- Public Bills and Resolutions Introduced: 4 public theran Church, Georgetown, Texas. Pages H1811–12 bills, H.R. 4992–4995; and 3 resolutions, H.J. Res. No Hires for the Delinquent IRS Act and IRS 88; and H. Res. 692–693, were introduced. Oversight While Eliminating Spending Act of Page H1852 2016—Rule for consideration: The House agreed Additional Cosponsors: Page H1853 to H. Res. 687, providing for consideration of the Reports Filed: Reports were filed today as follows: bill (H.R. 1206) to prohibit the hiring of additional H.R. 414, to amend the Dodd-Frank Wall Street Internal Revenue Service employees until the Sec- Reform and Consumer Protection Act to repeal cer- retary of the Treasury certifies that no employee of tain additional disclosure requirements, and for other the Internal Revenue Service has a seriously delin- purposes (H. Rept. 114–504); quent tax debt, and providing for consideration of H.R. 1975, to amend the Securities Exchange Act the bill (H.R. 4885) to require that user fees col- of 1934 to require the Securities Exchange Commis- lected by the Internal Revenue Service be deposited sion to refund or credit excess payments made to the into the general fund of the Treasury, by a recorded Commission (H. Rept. 114–505); vote of 239 ayes to 173 noes, Roll No. 158, after H.R. 2357, to direct the Securities and Exchange the previous question was ordered by a yea-and-nay Commission to revise Form S–3 so as to add listing vote of 239 yeas to 173 nays, Roll No. 157. and registration of a class of common equity securi- Pages H1814–19, H1824–25 ties on a national securities exchange as an additional basis for satisfying the requirements of General In- Imposing a ban on the payment of bonuses to struction I.B.1. of such form and to remove such employees of the Internal Revenue Service until listing and registration as a requirement of General the Secretary of the Treasury develops and im- Instruction I.B.6. of such form (H. Rept. 114–506); plements a comprehensive customer service H.R. 3557, to amend the Financial Stability Act strategy and Ensuring Integrity in the IRS of 2010 to require the Financial Stability Oversight Workforce Act—Rule for consideration: The Council to hold open meetings and comply with the House agreed to H. Res. 688, providing for consid- requirements of the Federal Advisory Committee eration of the bill (H.R. 4890) to impose a ban on Act, to provide additional improvements to the the payment of bonuses to employees of the Internal Council, and for other purposes (H. Rept. 114–507); Revenue Service until the Secretary of the Treasury H.R. 3868, to amend the Investment Company develops and implements a comprehensive customer Act of 1940 to remove certain restrictions on the service strategy, and providing for consideration of ability of business development companies to own the bill (H.R. 3724) to amend the Internal Revenue securities of investment advisers and certain financial Code of 1986 to prohibit the Commissioner of the companies, to change certain requirements relating Internal Revenue Service from rehiring any employee to the capital structure of business development of the Internal Revenue Service who was involun- companies, to direct the Securities and Exchange tarily separated from service for misconduct, by a re- Commission to revise certain rules relating to busi- corded vote of 242 ayes to 172 noes, Roll No. 156, ness development companies, and for other purposes, after the previous question was ordered by a yea-and- with an amendment (H. Rept. 114–508); nay vote of 240 yeas to 172 nays, Roll No. 155. H.R. 4498, to clarify the definition of general so- Pages H1819–24 licitation under Federal securities law (H. Rept. Suspensions: The House agreed to suspend the rules 114–509); and and pass the following measures: H.R. 1481, to amend the Small Business Act to strengthen the small business industrial base, and for Expressing the sense of the House of Representa- other purposes, with an amendment (H. Rept. tives that the Internal Revenue Service should pro- vide printed copies of Internal Revenue Service 114–510). Page H1852 Publication 17 to taxpayers in the United States Speaker: Read a letter from the Speaker wherein he free of charge: H. Res. 673, Expressing the sense of appointed Representative Ros-Lehtinen to act as the House of Representatives that the Internal Rev- Speaker pro tempore for today. Page H1805 enue Service should provide printed copies of Inter- Recess: The House recessed at 10:43 a.m. and re- nal Revenue Service Publication 17 to taxpayers in convened at 12 noon. Page H1811 the United States free of charge; Pages H1825–27

VerDate Sep 11 2014 06:00 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D19AP6.REC D19APPT1 SSpencer on DSK4SPTVN1PROD with DIGEST April 19, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D397 Prohibiting the use of funds by the Internal Adjournment: The House met at 10 a.m. and ad- Revenue Service to target citizens of the United journed at 6:28 p.m. States for exercising any right guaranteed under the First Amendment to the Constitution of the United States: H.R. 4903, to prohibit the use of Committee Meetings funds by the Internal Revenue Service to target citi- zens of the United States for exercising any right FOCUS ON THE FARM ECONOMY: guaranteed under the First Amendment to the Con- TIGHTENING CREDIT CONDITIONS stitution of the United States; Pages H1827–30 Committee on Agriculture: Subcommittee on Com- Service Provider Opportunity Clarification Act: modity Exchanges, Energy, and Credit held a hear- H.R. 4284, to require the Administrator of the ing entitled ‘‘Focus on the Farm Economy: Tight- Small Business Administration to issue regulations ening Credit Conditions’’. Testimony was heard from providing examples of a failure to comply in good public witnesses. faith with the requirements of prime contractors with respect to subcontracting plans; Pages H1830–31 MISCELLANEOUS MEASURES Small Agriculture Producer Size Standards Im- Committee on Appropriations: Full Committee held a provements Act: H.R. 3714, to amend the Small markup on Agriculture, Rural Development, Food Business Act to allow the Small Business Adminis- and Drug Administration, and Related Agencies Ap- tration to establish size standards for small agricul- propriations Bill for FY 2017; Energy and Water tural enterprises using the same process for estab- Development Appropriations Bill for FY 2017; and lishing size standards for small business concerns; Revised Report on the Interim Suballocation of Pages H1831–33 Budget Allocations for FY 2017. The Agriculture, Maximizing Small Business Competition Act of Rural Development, Food and Drug Administration, 2016: H.R. 4332, to amend the Small Business Act and Related Agencies Appropriations Bill for FY to clarify the duties of procurement center represent- 2017 and the Energy and Water Development Ap- atives with respect to reviewing solicitations for a propriations Bill for FY 2017 were ordered reported, contract or task order contract; Pages H1833–34 as amended. The Revised Report on the Interim Unifying Small Business Terminology Act of Suballocation of Budget Allocations for FY 2017 2016: H.R. 4325, to amend the Small Business Act passed. to modify the anticipated value of certain contracts reserved exclusively for small business concerns; and REVIEWING RECENT CHANGES TO OSHA’S Pages H1834–35 SILICA STANDARDS Small and Disadvantaged Business Enhance- Committee on Education and the Workforce: Sub- ment Act of 2016: H.R. 4326, to amend the Small committee on Workforce Protections held a hearing Business Act to expand the duties of the Office of entitled ‘‘Reviewing Recent Changes to OSHA’s Sili- Small and Disadvantaged Business Utilization. ca Standards’’. Testimony was heard from public wit- Pages H1835–37 nesses. Presidential Message: Read a message from the President wherein he notified Congress that he has DECIPHERING THE DEBATE OVER issued an executive order expanding the scope of the ENCRYPTION: INDUSTRY AND LAW national emergency declared in Executive Order ENFORCEMENT PERSPECTIVES 13566 of February 25, 2011 with respect to Libya— Committee on Energy and Commerce: Subcommittee on referred to the Committee on Foreign Affairs and or- Oversight and Investigations held a hearing entitled dered to be printed (H. Doc. 114–124). Page H1837 ‘‘Deciphering the Debate Over Encryption: Industry Senate Messages: Message received from the Senate and Law Enforcement Perspectives’’. Testimony was and message received from the Senate by the Clerk heard from Captain Charles Cohen, Commander, Of- and subsequently presented to the House today ap- fice of Intelligence and Investigative Technologies, pear on pages H1814 and H1850. Indiana State Police; Chief Thomas Galati, Chief, In- Quorum Calls Votes: Two yea-and-nay votes and telligence Bureau, New York City Police Depart- two recorded votes developed during the proceedings ment; Amy Hess, Executive Assistant Director for of today and appear on pages H1822–23, Science and Technology, Federal Bureau of Investiga- H1823–24, H1824, and H1824–25. There were no tions; and public witnesses. quorum calls.

VerDate Sep 11 2014 06:00 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D19AP6.REC D19APPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D398 CONGRESSIONAL RECORD — DAILY DIGEST April 19, 2016 MEDICARE ACCESS AND CHIP Threats to the Jewish State’’. Testimony was heard REAUTHORIZATION ACT OF 2015: from public witnesses. EXAMINING PHYSICIAN EFFORTS TO PREPARE FOR MEDICARE PAYMENT KEEPING PACE WITH TRADE, TRAVEL, REFORMS AND SECURITY: HOW DOES CBP PRIORITIZE AND IMPROVE STAFFING AND Committee on Energy and Commerce: Subcommittee on INFRASTRUCTURE? Health held a hearing entitled ‘‘Medicare Access and CHIP Reauthorization Act of 2015: Examining Phy- Committee on Homeland Security: Subcommittee on sician Efforts to Prepare for Medicare Payment Re- Border and Maritime Security held a hearing entitled forms’’. Testimony was heard from public witnesses. ‘‘Keeping Pace with Trade, Travel, and Security: How does CBP Prioritize and Improve Staffing and MISCELLANEOUS MEASURES Infrastructure?’’. Testimony was heard from the fol- Committee on Energy and Commerce: Subcommittee on lowing Customs and Border Protection officials: Eu- Communications and Technology concluded a mark- gene Schied, Acting Executive Assistant Commis- up on H.R. 4889, the ‘‘Kelsey Smith Act of 2016’’; sioner, Office of Enterprise Services; Linda Jacksta, H.R. 4167, the ‘‘Kari’s Law Act of 2015’’; H.R. Assistant Commissioner, Office of Human Resources 4884, the ‘‘Controlling the Unchecked and Reckless Management; and John P. Wagner, Deputy Assistant Ballooning of the Lifeline Fund Act (CURB Life- Commissioner, Office of Field Operations; Michael line)’’; H.R. 4111, the ‘‘Rural Health Care Gelber, Deputy Commissioner, Public Buildings Connectivity Act of 2015’’; H.R. 4190, the ‘‘Spec- Service, General Services Administration; and a pub- trum Challenge Prize Act of 2015’’; H.R. 3998, the lic witness. ‘‘Securing Access to Networks in Disasters (SANDy) Act’’; and H.R. 2031, the ‘‘Anti-Swatting Act of PIPELINES: SECURING THE VEINS OF THE 2015’’. The following bills were forwarded to the AMERICAN ECONOMY full committee, as amended: H.R. 4889 and H.R. Committee on Homeland Security: Subcommittee on 4884. The following bills were forwarded to the full Transportation Security held a hearing entitled committee, without amendment: H.R. 4167, H.R. ‘‘Pipelines: Securing the Veins of the American 4111, H.R. 4190, H.R. 3998, and H.R. 2031. Economy’’. Testimony was heard from Sonya Proctor, PREVENTING CULTURAL GENOCIDE: Surface Division Director, Office of Security Policy COUNTERING THE PLUNDER AND SALE OF and Industry Engagement, Transportation Security PRICELESS CULTURAL ANTIQUITIES BY Administration, Department of Homeland Security; ISIS Paul W. Parfomak, Specialist in Energy and Infra- structure Policy, Congressional Research Service, Li- Committee on Financial Services: Task Force to Inves- brary of Congress; and public witnesses. tigate Terrorism Financing held a hearing entitled ‘‘Preventing Cultural Genocide: Countering the THE REAL VICTIMS OF A RECKLESS AND Plunder and Sale of Priceless Cultural Antiquities by LAWLESS IMMIGRATION POLICY: FAMILIES ISIS’’. Testimony was heard from public witnesses. AND SURVIVORS SPEAK OUT ON THE FY 2017 BUDGET PRIORITIES FOR EAST REAL COST OF THIS ADMINISTRATION’S ASIA: ENGAGEMENT, INTEGRATION, AND POLICIES DEMOCRACY Committee on the Judiciary: Subcommittee on Immi- Committee on Foreign Affairs: Subcommittee on Asia gration and Border Security held a hearing entitled and the Pacific held a hearing entitled ‘‘FY 2017 ‘‘The Real Victims of a Reckless and Lawless Immi- Budget Priorities for East Asia: Engagement, Inte- gration Policy: Families and Survivors Speak Out on gration, and Democracy’’. Testimony was heard from the Real Cost of This Administration’s Policies’’. Daniel R. Russel, Assistant Secretary, Bureau of East Testimony was heard from Charles Jenkins, Sheriff, Asian and Pacific Affairs, Department of State; and Frederick County, Maryland; and public witnesses. Jonathan Stivers, Assistant Administrator, Bureau for EXECUTIVE OVERREACH IN DOMESTIC Asia, U.S. Agency for International Development. AFFAIRS PART II—IRS ABUSE, WELFARE ISRAEL IMPERILED: THREATS TO THE REFORM, AND OTHER ISSUES JEWISH STATE Committee on the Judiciary: Task Force on Executive Committee on Foreign Affairs: Subcommittee on Ter- Overreach held a hearing entitled ‘‘Executive Over- rorism, Nonproliferation, and Trade; and Sub- reach in Domestic Affairs Part II—IRS Abuse, Wel- committee on the Middle East and North Africa, fare Reform, and Other Issues’’. Testimony was held a joint hearing entitled ‘‘Israel Imperiled: heard from public witnesses.

VerDate Sep 11 2014 06:00 Apr 20, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D19AP6.REC D19APPT1 SSpencer on DSK4SPTVN1PROD with DIGEST April 19, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D399 RECENT CHANGES TO ENDANGERED A CONTINUED ASSESSMENT OF DELAYS IN SPECIES CRITICAL HABITAT DESIGNATION VETERANS’ ACCESS TO HEALTH CARE AND IMPLEMENTATION Committee on Veterans’ Affairs: Full Committee held a Committee on Natural Resources: Full Committee held hearing entitled ‘‘A Continued Assessment of Delays a hearing entitled ‘‘Recent Changes to Endangered in Veterans’ Access to Health Care’’. Testimony was Species Critical Habitat Designation and Implemen- heard from David Shulkin, M.D., Under Secretary tation’’. Testimony was heard from Dan Ashe, Direc- for Health, Department of Veterans Affairs; Larry tor, U.S. Fish and Wildlife Service; and public wit- Reinkemeyer, Director, Kansas City Office of Audits nesses. and Evaluations, Office of Inspector General, Depart- ment of Veterans Affairs; and Debra Draper, Direc- LEGISLATIVE MEASURE tor, Health Care Team, Government Accountability Committee on Natural Resources: Subcommittee on En- Office. ergy and Mineral Resources held a hearing on H.R. 3881, the ‘‘Cooperative Management of Mineral TAX RETURN FILING SEASON Rights Act of 2015’’. Testimony was heard from Committee on Ways and Means: Subcommittee on Glenn Casamassa, Association Deputy Chief, Na- Oversight held a hearing on the tax return filing tional Forest System, U.S. Forest Service; and public season. Testimony was heard from Representative witnesses. Renacci; John Koskinen, Commissioner, Internal Revenue Service; Timothy Camus, Deputy Inspector DOCUMENT PRODUCTION STATUS General for Investigations and Treasury Inspector UPDATE, PART II General for Tax Administration, Department of the Committee on Oversight and Government Reform: Full Treasury; and Jessica Lucas-Judy, Acting Director, Committee held a hearing entitled ‘‘Document Pro- Strategic Issues, Government Accountability Office. duction Status Update, Part II’’. Testimony was heard from Howard Shelanski, Administrator, Office of Information and Regulatory Affairs, Office of Joint Meetings Management and Budget; Jim R. Esquea, Assistant EUROPEAN JEWISH COMMUNITIES Secretary for Legislation, Department of Health and Commission on Security and Cooperation in Europe: Human Services; and Jonathan E. Meyer, Deputy Com- General Counsel, Office of General Counsel, Depart- mission concluded a hearing to examine anticipating ment of Homeland Security. and preventing deadly attacks on European Jewish communities, after receiving testimony from Rabbi DATA ACT: MONITORING Andrew Baker, Personal Representative of the Office IMPLEMENTATION PROGRESS for Security and Co-operation in Europe Chairman- Committee on Oversight and Government Reform: Sub- in-Office on Combating Anti-Semitism, Wash- committee on Government Operations; and Sub- ington, D.C.; Jonathan Biermann, Crisis Cell for committee on Information Technology, held a joint Belgian Jewish Community, Brussels, Belgium; John hearing entitled ‘‘DATA Act: Monitoring Imple- Farmer, Rutgers University Faith-Based Commu- mentation Progress’’. Testimony was heard from nities Security Program, Newark, New Jersey; and Michelle Sager, Director, Strategic Issues, Govern- Paul Goldenberg, Secure Community Network, ment Accountability Office; David Mader, Con- Cream Ridge, New Jersey. troller, Office of Federal Financial Management, Of- f fice of Management and Budget; David A. Lebryk, COMMITTEE MEETINGS FOR WEDNESDAY, Fiscal Assistant Secretary, Department of the Treas- APRIL 20, 2016 ury; and Michael Peckham, Executive Director, DATA Act Program Management Office, Depart- (Committee meetings are open unless otherwise indicated) ment of Health and Human Services. Senate THE COMMERCIAL SPACE LAUNCH Committee on Appropriations: Subcommittee on Depart- INDUSTRY: SMALL SATELLITE ment of Defense, to hold hearings to examine proposed OPPORTUNITIES AND CHALLENGES budget estimates and justification for fiscal year 2017 for Defense innovation and research, 10:30 a.m., SD–192. Committee on Science, Space, and Technology: Sub- Subcommittee on Department of the Interior, Environ- committee on Space held a hearing entitled ‘‘The ment, and Related Agencies, to hold hearings to examine Commercial Space Launch Industry: Small Satellite proposed budget estimates and justification for fiscal year Opportunities and Challenges’’. Testimony was heard 2017 for the Environmental Protection Agency, 10:45 from public witnesses. a.m., SD–124.

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Committee on Armed Services: Subcommittee on SeaPower, the Economy, joint hearing entitled ‘‘Fiscal Year 2017 to hold hearings to examine Navy and Marine Corps avia- Nuclear Regulatory Commission Budget’’, 10 a.m., 2123 tion programs in review of the Defense Authorization Re- Rayburn. quest for fiscal year 2017 and the Future Years Defense Select Investigative Panel of the Committee on Energy Program, 2 p.m., SR–232A. and Commerce, hearing entitled ‘‘The Pricing of Fetal Subcommittee on Personnel, to hold hearings to exam- Tissue’’, 10 a.m., HVC–210. ine the current state of research, diagnosis, and treatment Subcommittee on Oversight and Investigations, hearing for post-traumatic stress disorder and traumatic brain in- entitled ‘‘How Secure are U.S. Bioresearch Labs? Pre- jury, 2:30 p.m., SR–222. venting the Next Safety Lapse’’, 10:15 a.m., 2322 Ray- Committee on the Budget: to hold hearings to examine re- burn. storing stability to government operations, 10:30 a.m., Subcommittee on Health, markup on H.R. 4978, the SD–608. ‘‘Nurturing and Supporting Healthy Babies Act’’; H.R. Committee on Commerce, Science, and Transportation: Sub- 4641, to provide for the establishment of an inter-agency committee on Surface Transportation and Merchant Ma- task force to review, modify, and update best practices for rine Infrastructure, Safety and Security, to hold hearings pain management and prescribing pain medication, and to examine the state of the United States maritime indus- for other purposes; H.R. 3680, the ‘‘Co-Prescribing to try, focusing on stakeholder perspectives, 10 a.m., Reduce Overdoses Act of 2015’’; H.R. 3691, the ‘‘Im- SR–253. proving Treatment for Pregnant and Postpartum Women Committee on Environment and Public Works: to hold hear- Act’’; H.R. 1818, the ‘‘Veteran Emergency Medical Tech- ings to examine new approaches and innovative tech- nician Support Act’’; the ‘‘Opioid Use Disorder Treat- nologies to improve water supply, 10 a.m., SD–406. ment Expansion and Modernization Act’’; H.R. 3250, the Committee on Finance: business meeting to consider an ‘‘DXM Abuse Prevention Act’’; H.R. 4969, the ‘‘John original bill to prevent identity theft and tax refund Thomas Decker Act of 2016’’; H.R. 4586, ‘‘Lali’s Law’’; fraud, and an original bill entitled, ‘‘Taxpayer Protection H.R. 4599, the ‘‘Reducing Unused Medications Act of Act of 2016’’, 10 a.m., SD–215. 2016’’; H.R. 4976, the ‘‘Opioid Review Modernization Committee on Foreign Relations: to receive a closed brief- Act’’; and the ‘‘Examining Opioid Treatment Infrastruc- ing on an Administration update on the Mosul Dam, 5 ture Act of 2016’’, 1:30 p.m., 2322 Rayburn. p.m., SVC–217. Committee on Foreign Affairs, Full Committee, markup Committee on Homeland Security and Governmental Affairs: on H.R. 1150, the ‘‘Frank R. Wolf International Reli- to hold hearings to examine the administrative state, fo- gious Freedom Act of 2015’’; H.R. 3694, the ‘‘Strategy cusing on an examination of Federal rulemaking, 10 a.m., to Oppose Predatory Organ Trafficking Act’’; H.R. 4939, SD–342. the ‘‘United States-Caribbean Strategic Engagement Act Committee on the Judiciary: to hold hearings to examine of 2016’’; H. Con. Res. 88, reaffirming the Taiwan Rela- the nominations of Inga S. Bernstein, to be United States tions Act and the Six Assurances as the cornerstone of District Judge for the District of Massachusetts, Steph- United States-Taiwan relations; S. 284, the ‘‘Global anie A. Gallagher, to be United States District Judge for Magnitsky Human Rights Accountability Act’’; and S. the District of Maryland, Suzanne Mitchell, and Scott L. 2143, to provide for the authority for the successors and Palk, both to be a United States District Judge for the assigns of the Starr-Camargo Bridge Company to main- Western District of Oklahoma, and Ronald G. Russell, to tain and operate a toll bridge across the Rio Grande near be United States District Judge for the District of Utah, Rio Grande City, Texas, and for other purposes, 10 a.m., 10 a.m., SD–226. 2172 Rayburn. Committee on Rules and Administration: to hold hearings Committee on the Judiciary, Full Committee, markup on to examine the nomination of Carla D. Hayden, of Mary- S. 1890, the ‘‘Defend Trade Secrets Act of 2016’’; S. 125, land, to be Librarian of Congress, 2:15 p.m., SR–301. the ‘‘Bulletproof Vest Partnership Grant Program Reau- thorization Act of 2015’’; H.R. 3380, the ‘‘Transnational House Drug Trafficking Act of 2015’’; and H.R. 4985, to Committee on Appropriations, Subcommittee on Legisla- amend the Foreign Narcotics Kingpin Designation Act to tive Branch, markup on the Legislative Branch Appro- protect classified information in Federal court challenges, priations Bill, FY 2017, 11:30 a.m., HT–2 Capitol. 10 a.m., 2141 Rayburn. Committee on Armed Services, Subcommittee on Military Committee on Natural Resources, Subcommittee on Water, Personnel, markup on H.R. 4909, the National Defense Power and Oceans, hearing on H.R. 1869, the ‘‘Environ- Authorization Act for Fiscal Year 2017, 11:30 a.m., 2212 mental Compliance Cost Transparency Act of 2015’’; Rayburn. H.R. 2993, the ‘‘Water Recycling Acceleration Act of Subcommittee on Tactical Air and Land Forces, mark- 2015’’; and H.R. 4582, the ‘‘Save Our Salmon (SOS) up on H.R. 4909, the National Defense Authorization Act’’, 10 a.m., 1324 Longworth. Act for Fiscal Year 2017, 1:30 p.m., 2118 Rayburn. Subcommittee on Federal Lands, hearing entitled ‘‘Ex- Subcommittee on Seapower and Projection Forces, ploring Current Natural Resource Research Efforts and markup on H.R. 4909, the National Defense Authoriza- the Future of America’s Land-Grant Colleges and Univer- tion Act for Fiscal Year 2017, 3 p.m., 2212 Rayburn. sities’’, 10:30 a.m., 1334 Longworth. Committee on Energy and Commerce, Subcommittee on En- Committee on Oversight and Government Reform, Sub- ergy and Power; and Subcommittee on Environment and committee on Information Technology, hearing entitled

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‘‘Federal Cybersecurity Detection, Response, and Mitiga- Committee on Veterans’ Affairs, Subcommittee on Health, tion’’, 9:30 a.m., 2154 Rayburn. hearing on H.R. 2460, to amend title 38, United States Subcommittee on the Interior, hearing entitled ‘‘Bar- Code, to improve the provision of adult day health care riers to Endangered Species Act Delisting, Part I’’, 1 services for veterans; H.R. 3956, the ‘‘VA Health Center p.m., 2154 Rayburn. Management Stability and Improvement Act’’; H.R. Committee on Science, Space, and Technology, Subcommittee 3974, the ‘‘Grow Our Own Directive: Physician Assistant on Energy, hearing entitled ‘‘An Overview of Fusion En- Employment and Education Act of 2015’’; H.R. 3989, ergy Science’’, 10 a.m., 2318 Rayburn. the ‘‘Support Our Military Caregivers Act’’; draft legisla- Committee on Small Business, Full Committee, hearing tion to ensure that each VA medical facility complies entitled ‘‘Small Business and the Federal Government: with requirements relating to scheduling veterans for How Cyber-Attacks Threaten Both’’, 11 a.m., 2360 Ray- health care appointments and to improve the uniform ap- burn. Committee on Transportation and Infrastructure, Full Com- plication of directives; and draft legislation to direct VA mittee, markup on General Services Administration Cap- to establish a list of drugs that require an increased level ital Investment and Leasing Program Resolutions; H.R. of informed consent, 10 a.m., 334 Cannon. 4957, to designate the Federal building located at 99 Subcommittee on Economic Opportunity, hearing enti- New York Avenue, N.E., in the District of Columbia as tled ‘‘A Review of Veterans Preference in Federal Govern- the ‘‘Ariel Rios Federal Building’’; H.R. 4937, the ‘‘Pro- ment Hiring’’, 2:30 p.m., 334 Cannon. tecting our Infrastructure of Pipelines and Enhancing Committee on Ways and Means, Full Committee, markup Safety Act of 2016’’; H.R. 4231, to direct the Librarian on H.R. 4923, the ‘‘American Manufacturing Competi- of Congress to obtain a stained glass panel depicting the tiveness Act of 2016’’, 10 a.m., 1100 Longworth. seal of the District of Columbia and install the panel among the stained glass panels depicting the seals of Joint Meetings States which overlook the Main Reading Room of the Li- Joint Economic Committee: to hold hearings to examine brary of Congress Thomas Jefferson Building; and pos- our complex tax code and the economy, 2:30 p.m., sible other matters cleared for consideration, 10 a.m., SD–562. 2167 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, April 20 10 a.m., Wednesday, April 20

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. 488— ation of S. 2012, Energy Policy Modernization Act, and IRS Oversight While Eliminating Spending Act of 2016 will vote on passage of the bill at 10 a.m. and H.R. 1206—No Hires for the Delinquent IRS Act. Following disposition of S. 2012, Senate will begin consideration of H.R. 2028, Energy and Water Develop- ment and Related Agencies Appropriations Act.

Extensions of Remarks, as inserted in this issue

HOUSE Ellmers, Renee L., N.C., E526 Olson, Pete, Tex., E513, E514, E517, E519, E521, E523, Foster, Bill, Ill., E518 E525, E528, E529, E529 Barr, Andy, Ky., E527 Frelinghuysen, Rodney P., N.J., E515, E516, E528 Perlmutter, Ed, Colo., E513, E513, E514, E514, E515, Beyer, Donald S., Jr., Va. E511 Hastings, Alcee L., Fla., E518 E516, E517, E517, E518, E518 Blumenauer, Earl, Ore., E519 Higgins, Brian, N.Y., E524, E525 Polis, Jared, Colo., E512 Bordallo, Madeleine Z., Guam, E518, E519, E520, E521, Hudson, Richard, N.C., E522 Rangel, Charles B., N.Y., E520 E522, E522, E523, E524 Rokita, Todd, Ind., E514, E525 Hurt, Robert, Va., E519 Brady, Kevin, Tex., E514, E517 Rooney, Thomas J., Fla., E516, E531 Kelly, Trent, Miss., E529 Carter, John R., Tex., E522 Sanford, Mark, S.C., E526 Kildee, Daniel T., Mich., E523 Cartwright, Matt, Pa., E517 Sewell, Terri A., Ala., E526 Clyburn, James E., S.C., E528 Lee, Barbara, Calif., E527 Shuster, Bill, Pa., E512 Coffman, Mike, Colo., E515, E528 Matsui, Doris O., Calif., E527 Thompson, Mike, Calif., E513 Costello, Ryan A., Pa., E524 McCarthy, Kevin, Calif., E521 Van Hollen, Chris, Md., E512, E513 Crowley, Joseph, N.Y., E530 McCaul, Michael T., Tex., E511 Vela, Filemon, Tex., E526 Cuellar, Henry, Tex., E515, E531 Meehan, Patrick, Pa., E512 Young, David, Iowa, E513, E515, E516, E517, E520, E521, Dent, Charles W., Pa., E529 Miller, Jeff, Fla., E512 E523, E527, E528, E531 Deutch, Theodore E., Fla., E523, E527 Nadler, Jerrold, N.Y., E525 Young, Todd C., Ind., E528

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