[Congressional Record Volume 161, Number 20 (Thursday, February 5, 2015)]
[Senate]
[Pages S834-S839]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DURBIN:
S. 396. A bill to establish the Proprietary Education Oversight
Coordination Committee; to the Committee on Health, Education, Labor,
and Pensions.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S, 396
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Proprietary Education
Oversight Coordination Improvement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Executive officer.--The term ``executive officer'',
with respect to a proprietary institution of higher education
that is a publicly traded corporation, means--
(A) the president of such corporation;
(B) a vice president of such corporation who is in charge
of a principal business unit, division, or function of such
corporation, such as sales, administration, or finance; or
(C) any other officer or person who performs a policy
making function for such corporation.
(2) Federal education assistance.--The term ``Federal
education assistance'' means any Federal financial assistance
provided under any Federal law through a grant, a contract, a
subsidy, a loan, a guarantee, an insurance, or any other
means to a proprietary institution of higher education,
including Federal financial assistance that is disbursed or
delivered to such institution, on behalf of a student, or to
a student to be used to attend such institution, except that
such term shall not include any monthly housing stipend
provided under chapter 33 of title 38, United States Code.
(3) Private education loan.--The term ``private education
loan''--
(A) means a loan provided by a private educational lender
(as defined in section 140(a) of the Truth in Lending Act (15
U.S.C. 1650(a))) that--
(i) is not made, insured, or guaranteed under title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
(ii) is issued expressly for postsecondary educational
expenses to a borrower, regardless of whether the loan is
provided through the educational institution that the subject
student attends or directly to the borrower from the private
educational lender (as so defined); and
(iii) is not made, insured, or guaranteed under title VII
or title VIII of the Public Health Service Act (42 U.S.C. 292
et seq. and 296 et seq.); and
(B) does not include an extension of credit under an open
end consumer credit plan, a reverse mortgage transaction, a
residential mortgage transaction, or any other loan that is
secured by real property or a dwelling.
(4) Proprietary institution of higher education.--The term
``proprietary institution of higher education'' has the
meaning given the term in section 102(b) of the Higher
Education Act of 1965 (20 U.S.C. 1002(b)).
(5) Recruiting and marketing activities.--
(A) In general.--Except as provided in subparagraph (B),
the term ``recruiting and marketing activities'' means
activities that consist of the following:
(i) Advertising and promotion activities, including paid
announcements in newspapers, magazines, radio, television,
billboards, electronic media, naming rights, or any other
public medium of communication, including paying for displays
or promotions at job fairs, military installations, or
college recruiting events.
(ii) Efforts to identify and attract prospective students,
either directly or through a contractor or other third party,
including contact concerning a prospective student's
potential enrollment or application for a grant, a loan, or
work assistance under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.) or participation in
preadmission or advising activities, including--
(I) paying employees responsible for overseeing enrollment
and for contacting potential students in-person, by phone, by
email, or by other internet communications regarding
enrollment; and
(II) soliciting an individual to provide contact
information to an institution of higher
[[Page S835]]
education, including through websites established for such
purpose and funds paid to third parties for such purpose.
(iii) Such other activities as the Secretary of Education
may prescribe, including paying for promotion or sponsorship
of education or military-related associations.
(B) Exceptions.--Any activity that is required as a
condition of receipt of funds by an institution under title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.), is specifically authorized under such title, or is
otherwise specified by the Secretary of Education, shall not
be considered to be a recruiting and marketing activity under
subparagraph (A).
(6) State approval agency.--The term ``State approval
agency'' means any State agency that determines whether an
institution of higher education is legally authorized within
such State to provide a program of education beyond secondary
education.
(7) Veterans service organization.--The term ``veterans
service organization'' means an organization recognized by
the Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38, United States Code.
SEC. 3. ESTABLISHMENT OF COMMITTEE.
(a) Establishment.--There is established a committee to be
known as the ``Proprietary Education Oversight Coordination
Committee'' (referred to in this Act as the ``Committee'')
and to be composed of the head (or the designee of such head)
of each of the following Federal entities:
(1) The Department of Education.
(2) The Consumer Financial Protection Bureau.
(3) The Department of Justice.
(4) The Securities and Exchange Commission.
(5) The Department of Defense.
(6) The Department of Veterans Affairs.
(7) The Federal Trade Commission.
(8) The Department of Labor.
(9) The Internal Revenue Service.
(10) At the discretion of the President, any other relevant
Federal agency or department.
(b) Purposes.--The Committee shall have the following
purposes:
(1) Coordinate Federal oversight of proprietary
institutions of higher education to--
(A) improve enforcement of applicable Federal laws and
regulations;
(B) increase accountability of proprietary institutions of
higher education to students and taxpayers; and
(C) ensure the promotion of quality education programs.
(2) Coordinate Federal activities to protect students from
unfair, deceptive, abusive, unethical, fraudulent, or
predatory practices, policies, or procedures of proprietary
institutions of higher education.
(3) Encourage information sharing among agencies related to
Federal investigations, audits, or inquiries of proprietary
institutions of higher education.
(4) Increase coordination and cooperation between Federal
and State agencies, including State Attorneys General and
State approval agencies, with respect to improving oversight
and accountability of proprietary institutions of higher
education.
(5) Develop best practices and consistency among Federal
and State agencies in the dissemination of consumer
information regarding proprietary institutions of higher
education to ensure that students, parents, and other
stakeholders have easy access to such information.
(c) Membership.--
(1) Designees.--For any designee described in subsection
(a), the head of the member entity shall appoint a high-level
official who exercises significant decision making authority
for the oversight or investigatory activities and
responsibilities related to proprietary institutions of
higher education of the respective Federal entity of such
head.
(2) Chairperson.--The Secretary of Education or the
designee of such Secretary shall serve as the Chairperson of
the Committee.
(3) Committee support.--The head of each entity described
in subsection (a) shall ensure appropriate staff and
officials of such entity are available to support the
Committee-related work of such entity.
SEC. 4. MEETINGS.
(a) Committee Meetings.--The members of the Committee shall
meet regularly, but not less than once during each quarter of
each fiscal year, to carry out the purposes described in
section 3(b).
(b) Meetings With State Agencies and Stakeholders.--The
Committee shall meet not less than once each fiscal year, and
shall otherwise interact regularly, with State Attorneys
General, State approval agencies, veterans service
organizations, and consumer advocates to carry out the
purposes described in section 3(b).
SEC. 5. REPORT.
(a) In General.--The Committee shall submit a report each
year to the Committee on Health, Education, Labor, and
Pensions of the Senate, the Committee on Education and the
Workforce of the House of Representatives, and any other
committee of Congress that the Committee determines
appropriate.
(b) Public Access.--The report described in subsection (a)
shall be made available to the public in a manner that is
easily accessible to parents, students, and other
stakeholders, in accordance with the best practices developed
under section 3(b)(5).
(c) Contents.--
(1) In general.--The report shall include--
(A) an accounting of any action (as defined in paragraph
(3)) taken by the Federal Government, any member entity of
the Committee, or a State--
(i) to enforce Federal or State laws and regulations
applicable to proprietary institutions of higher education;
(ii) to hold proprietary institutions of higher education
accountable to students and taxpayers; and
(iii) to promote quality education programs;
(B) a summary of complaints against each proprietary
institution of higher education received by any member entity
of the Committee;
(C) the data described in paragraph (2) and any other data
relevant to proprietary institutions of higher education that
the Committee determines appropriate; and
(D) recommendations of the Committee for such legislative
and administrative actions as the Committee determines are
necessary to--
(i) improve enforcement of applicable Federal laws;
(ii) increase accountability of proprietary institutions of
higher education to students and taxpayers; and
(iii) ensure the promotion of quality education programs.
(2) Data.--
(A) Industry-wide data.--The report shall include data on
all proprietary institutions of higher education that
consists of information regarding--
(i) the total amount of Federal education assistance that
proprietary institutions of higher education received for the
previous academic year, and the percentage of the total
amount of Federal education assistance provided to
institutions of higher education (as defined in section 102
of the Higher Education Act of 1965 (20 U.S.C. 1002)) for
such previous academic year that reflects such total amount
of Federal education assistance provided to proprietary
institutions of higher education for such previous academic
year;
(ii) the total amount of Federal education assistance that
proprietary institutions of higher education received for the
previous academic year, disaggregated by--
(I) educational assistance in the form of a loan provided
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.);
(II) educational assistance in the form of a grant provided
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.);
(III) educational assistance provided under chapter 33 of
title 38, United States Code;
(IV) assistance for tuition and expenses under section 2007
of title 10, United States Code;
(V) assistance provided under section 1784a of title 10,
United States Code; and
(VI) Federal education assistance not described in
subclauses (I) through (V);
(iii) the percentage of the total amount of Federal
education assistance provided to institutions of higher
education (as defined in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002)) for such previous academic year
for each of the programs described in subclauses (I) through
(VI) of clause (ii) that reflects such total amount of
Federal education assistance provided to proprietary
institutions of higher education for such previous academic
year for each of such programs;
(iv) the average retention and graduation rates for
students pursuing a degree at proprietary institutions of
higher education;
(v) the average cohort default rate (as defined in section
435(m) of the Higher Education Act of 1965 (20 U.S.C.
1085(m)) for proprietary institutions of higher education,
and an annual list of cohort default rates (as so defined)
for all proprietary institutions of higher education;
(vi) for careers requiring the passage of a licensing
examination--
(I) the passage rate of individuals who attended a
proprietary institution of higher education taking such
examination to pursue such a career; and
(II) the passage rate of all individuals taking such exam
to pursue such a career; and
(vii) the use of private education loans at proprietary
institutions of higher education that includes--
(I) an estimate of the total number of such loans; and
(II) information on the average debt, default rate, and
interest rate of such loans.
(B) Data on publicly traded corporations.--
(i) In general.--The report shall include data on
proprietary institutions of higher education that are
publicly traded corporations, consisting of information on--
(I) any pre-tax profit of such proprietary institutions of
higher education--
(aa) reported as a total amount and an average percent of
revenue for all such proprietary institutions of higher
education; and
(bb) reported for each such proprietary institution of
higher education;
(II) revenue for such proprietary institutions of higher
education spent on recruiting and marketing activities,
student instruction, and student support services, reported--
(aa) as a total amount and an average percent of revenue
for all such proprietary institutions of higher education;
and
(bb) for each such proprietary institution of higher
education;
(III) total compensation packages of the executive officers
of each such proprietary institution of higher education;
[[Page S836]]
(IV) a list of institutional loan programs offered by each
such proprietary institution of higher education that
includes information on the default and interest rates of
such programs; and
(V) the data described in clauses (ii) and (iii).
(ii) Disaggregated by ownership.--The report shall include
data on proprietary institutions of higher education that are
publicly traded corporations, disaggregated by corporate or
parent entity, brand name, and campus, consisting of--
(I) the total cost of attendance for each program at each
such proprietary institution of higher education, and
information comparing such total cost for each such program
to--
(aa) the total cost of attendance for each program at each
public institution of higher education; and
(bb) the average total cost of attendance for each program
at all institutions of higher education, including such
institutions that are public and such institutions that are
private;
(II) total enrollment, disaggregated by--
(aa) individuals enrolled in programs taken online; and
(bb) individuals enrolled in programs that are not taken
online;
(III) the average retention and graduation rates for
students pursuing a degree at such proprietary institutions
of higher education;
(IV) the percentage of students enrolled in such
proprietary institutions of higher education who complete a
program of such an institution within--
(aa) the standard period of completion for such program;
and
(bb) a period that is 150 percent of such standard period
of completion;
(V) the total cost of attendance for each program at such
proprietary institutions of higher education;
(VI) the average cohort default rate, as defined in section
435(m) of the Higher Education Act of 1965 (20 U.S.C.
1085(m)), for such proprietary institutions of higher
education, and an annual list of cohort default rates (as so
defined) for all proprietary institutions of higher
education;
(VII) the median educational debt incurred by students who
complete a program at such a proprietary institution of
higher education;
(VIII) the median educational debt incurred by students who
start but do not complete a program at such a proprietary
institution of higher education;
(IX) the job placement rate for students who complete a
program at such a proprietary institution of higher education
and the type of employment obtained by such students;
(X) for careers requiring the passage of a licensing
examination, the rate of individuals who attended such a
proprietary institution of higher education and passed such
an examination; and
(XI) the number of complaints from students enrolled in
such proprietary institutions of higher education who have
submitted a complaint to any member entity of the Committee.
(iii) Department of defense and veterans affairs
assistance.--
(I) In general.--To the extent practicable, the report
shall provide information on the data described in clause
(ii) for individuals using, to pay for the costs of attending
such a proprietary institution of higher education, Federal
education assistance provided under--
(aa) chapter 33 of title 38, United States Code;
(bb) section 2007 of title 10, United States Code; and
(cc) section 1784a of title 10, United States Code.
(II) Revenue.--The report shall provide information on the
revenue of proprietary institutions of higher education that
are publicly traded corporations that is derived from the
Federal education assistance described in subclause (I).
(C) Comparison data.--To the extent practicable, the report
shall provide information comparing the data described in
subparagraph (B) for proprietary institutions of higher
education that are publicly traded corporations with such
data for public institutions of higher education
disaggregated by State.
(3) Accounting of any action.--For the purposes of
paragraph (1)(A), the term ``any action'' shall include--
(A) a complaint filed by a Federal or State agency in a
local, State, Federal, or tribal court;
(B) an administrative proceeding by a Federal or State
agency involving noncompliance of any applicable law or
regulation; or
(C) any other review, audit, or administrative process by
any Federal or State agency that results in a penalty,
suspension, or termination from any Federal or State program.
SEC. 6. FOR-PROFIT COLLEGE WARNING LIST FOR PARENTS AND
STUDENTS.
(a) In General.--Each academic year, the Committee shall
publish a list to be known as the ``For-Profit College
Warning List for Parents and Students'' to be comprised of
proprietary institutions of higher education--
(1) that have engaged in illegal activity during the
previous academic year as determined by a Federal or State
court;
(2) that have entered into a settlement resulting in a
monetary payment;
(3) that have had any higher education program withdrawn or
suspended; or
(4) for which the Committee has sufficient evidence of
widespread or systemic unfair, deceptive, abusive, unethical,
fraudulent, or predatory practices, policies, or procedures
that pose a threat to the academic success, financial
security, or general best interest of students.
(b) Determinations.--In making a determination pursuant to
subsection (a)(4), the Committee may consider evidence that
includes the following:
(1) Any consumer complaint collected by any member entity
of the Committee.
(2) Any complaint filed by a Federal or State agency in a
Federal, State, local, or tribal court.
(3) Any administrative proceeding by a Federal or State
agency involving noncompliance of any applicable law or
regulation.
(4) Any other review, audit, or administrative process by
any Federal or State agency that results in a penalty,
suspension, or termination from any Federal or State program.
(5) Data or information submitted by a proprietary
institution of higher education to any accrediting agency or
association recognized by the Secretary of Education pursuant
to section 496 of the Higher Education Act of 1965 (20 U.S.C.
1099b) or the findings or adverse actions of any such
accrediting agency or association.
(6) Information submitted by a proprietary institution of
higher education to any member entity of the Committee.
(7) Any other evidence that the Committee determines
relevant in making a determination pursuant to subsection
(a)(4).
(c) Publication.--Not later than July 1 of each fiscal
year, the Committee shall publish the list under subsection
(a) prominently and in a manner that is easily accessible to
parents, students, and other stakeholders, in accordance with
any best practices developed under section 3(b)(5).
______
By Mr. McCAIN:
S. 397. A bill to amend the Internal Revenue Code of 1986 to allow a
temporary dividends received deduction for dividends received from a
controlled foreign corporation; to the Committee on Finance.
Mr. McCAIN. Mr. President, today I introduce the Foreign Earnings
Reinvestment Act that would generate the flow of an estimated $1.9
trillion back into the American economy by temporarily allowing
companies to return profits earned overseas to the U.S. at a reduced
tax rate. It is no secret that one of the primary reasons why this
money is laying idle and doing nothing to spur job creation is due to
the fact that our Nation has the highest corporate tax rate in the free
world at 35 percent. According to the Organisation for Economic Co-
operation and Development, OECD, when you add in additional State and
local taxes the combined corporate rate jumps to a staggering 39.1
percent. Whereas, the average combined corporate tax rate for the rest
of the developed world, excluding the U.S. is around 25 percent.
Congress has long debated tax reform and has failed to act. It is my
hope that, under a Republican controlled Congress, we will be able to
move forward with tax reform, which includes lowering both the personal
and corporate tax rate and eliminating tax loopholes. If we are not
going to act on behalf of the American taxpayer than we need to make
available temporary tax incentives to bring this money back home
providing a much needed boost to our economy.
The Foreign Earnings Reinvestment Act would encourage American
companies to bring overseas earnings back to the United States and
creates strong incentives for those firms to invest these earnings in
U.S. employees.
Specifically, the bill would temporarily reduce the current 35
percent corporate rate to an 8.75 percent effective rate on foreign
earnings brought back to the United States. If companies are able to
show that they are expanding their payroll by 10 percent through net
job creation or higher payroll, the bill would allow these corporations
to obtain up to a 5.25 percent effective repatriation rate In addition,
the bill discourages U.S. companies from reducing employment by
including in a company's gross income calculation of $75,000 per full-
time position that is eliminated.
This common sense legislation will drive the roughly $1.9 trillion
currently parked overseas back here to the United States, boosting our
economy and spurring job creation.
______
By Mr. GRASSLEY (for himself and Mr. Rubio):
S. 401. A bill to amend rule 11 of the Federal Rules of Civil
Procedure to improve attorney accountability, and for
[[Page S837]]
other purposes; to the Committee on the Judiciary.
Mr. GRASSLEY. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There be no objection, the text of the bill was ordered to be printed
in the Record, as follows:
S. 401
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lawsuit Abuse Reduction Act
of 2015''.
SEC. 2. ATTORNEY ACCOUNTABILITY.
(a) Sanctions Under Rule 11.--Rule 11(c) of the Federal
Rules of Civil Procedure is amended--
(1) in paragraph (1), by striking ``may'' and inserting
``shall'';
(2) in paragraph (2), by striking ``Rule 5'' and all that
follows through ``motion.'' and inserting ``rule 5.''; and
(3) in paragraph (4), by striking ``situated'' and all that
follows through the end of the paragraph and inserting
``situated, and to compensate the parties that were injured
by such conduct. Subject to the limitations in paragraph (5),
the sanction shall consist of an order to pay to the party or
parties the amount of the reasonable expenses incurred as a
direct result of the violation, including reasonable
attorneys' fees and costs. The court may also impose
additional appropriate sanctions, such as striking the
pleadings, dismissing the suit, or other directives of a
nonmonetary nature, or, if warranted for effective
deterrence, an order directing payment of a penalty into the
court.''.
(b) Rule of Construction.--Nothing in this Act or an
amendment made by this Act shall be construed to bar or
impede the assertion or development of new claims, defenses,
or remedies under Federal, State, or local laws, including
civil rights laws, or under the Constitution of the United
States.
______
By Ms. MURKOWSKI (for herself, Mr. Heinrich, Mr. Risch, Ms.
Heitkamp, Mrs. Fischer, and Mr. Manchin):
S. 405. A bill to protect and enhance opportunities for recreational
hunting, fishing, and shooting, and for other purposes; read the first
time.
Ms. MURKOWSKI. Mr. President, I am here on the floor today with my
friend and colleague from the State of Idaho to speak in support of
legislation we have just dropped today; that is, the Bipartisan
Sportsmen's Act of 2015. I have introduced it today, along with the
prime cosponsor, Senator Heinrich from New Mexico.
I think it is important to recognize that this bipartisan bill is
supported with original cosponsors, including the Senator from Idaho,
Mr. Risch, Senator Manchin, Senator Fischer, and Senator Heitkamp, as
well as myself and Senator Heinrich. I wish to acknowledge the role of
Senator Heinrich in this and his staff for working with us to revise
and reintroduce this important bill. I would also like to acknowledge
the great work the bipartisan leadership of the Senate's Sportsmen's
Caucus has done on this issue, led ably by my friend from Idaho. I
think it is important to recognize the groundwork, the leg work that
went into the development of this bill and the work the caucus did in
doing so. So I thank my colleagues for all of their good, hard work.
We are here today to not only announce this reintroduction--because
this is now the third Congress we have tried to advance the Bipartisan
Sportsmen's Act--but also to really kind of re-up the conversation
about its importance and really to urge the Senate to come together to
pass legislation such as we are talking about today.
We have sportsmen all over the country. I come from a big State that
is wide open, and people come to Alaska to hunt and to fish. They never
want to leave, and that is fine. That is how my husband came to
Alaska--it was the lure of sport fishing on the Kenai River. So many of
our military are on assignment to Alaska, and they end up staying
because of the hunting and fishing and other recreational opportunities
Alaska offers. It is not just places such as Alaska and Idaho that
offer great outdoors opportunities; it is all over the country, from
big cities to small towns, North and South.
For so many of us, hunting is a tradition that is passed down from
generation to generation. Certainly my family is evidence of that. I
think it is important to recognize that while we talk about hunting and
fishing as being the best known recreational opportunities, we also
include with this legislation enthusiasts who go outside to go boating
and so many of the other outdoor activities.
We speak often on this floor about jobs and economic opportunities
and what they bring to our Nation, the important role they play.
Sportsmen and sportswomen really are economic contributors when we
think about their role. Back in 2013 there were approximately 37
million people who hunted or fished in America. That is roughly equal
to the entire population of the State of California. Those numbers are
always on the rise. Again, when we have strong numbers, we also have
strong economic impacts. Sports men and women spent roughly $90 billion
in 2013. Those numbers have probably risen since then. Those dollars go
not only to the gear and equipment, which is what we would expect, but
also to the travel industry, to the hospitality industry, and to so
many other sectors of the economy.
Spending by sports men and women also aids our conservation efforts.
Excise taxes on fishing and hunting and shooting equipment, motorboat
fuel, as well as the fees for licenses and stamps are all dedicated to
State fish and wildlife management and conservation. These folks care
deeply about the environment and conservation, and that is why these
excise taxes are in place to take care of our natural resources. Since
their establishment, the Wildlife and Sport Fish Restoration Programs
have contributed over $14.5 billion to conservation.
I mentioned Alaska and its role as kind of a magnet for those who
like to hunt and fish. In my State alone, we have over 125,000
individuals who engage in hunting every year. It has created more than
$439 million in retail sales and $195 million in salaries and wages. In
Alaska, we bring in over $53 million to the State and local governments
each year. We had a big holiday a year or so ago when Cabela's opened
its doors. It was as though we had finally arrived on the scene. All of
our sportsmen--hunters and fishermen--were loving it.
On the fishing side, when we think about the economic impact in my
State, it is even more impressive. Last year over 460,000 people bought
fishing licenses to take part in some of the best fishing in the world.
It brought about $1.4 billion to Alaska's economy. These are huge
contributors to our tax base, to our economy, and they are key to who
we are as a State.
Our Bipartisan Sportsmen's Act of 2015 that we are introducing today
builds on the efforts of last year. Last year's bill saw 46 Members of
this Chamber coming together to support it. We have taken all of the
provisions from the previous bill except for two that were enacted in
other legislation and then we have added some additional bipartisan
provisions. We have Senator Heinrich's revised HUNT Act. We have a
couple of others that are new to the bill. All told, these measures
increase access to provide greater opportunities for sports men and
women to enjoy our public lands.
There are a lot of different components in the bill. I know my
colleague from Idaho will speak to several of them. I wish to highlight
a couple that I think are important in this discussion.
First is a bill I have championed for several years now called the
Recreational Fishing and Hunting Heritage and Opportunities Act. It
protects recreational hunting and fishing on our BLM and our National
Forest Service lands while reaffirming other prior congressional
actions enacted to protect hunting and wildlife conservation. So the
bill we have introduced--again, this is the same one we have had
previously--requires BLM and Forest Service lands to be open to
hunting, to recreational fishing, or recreational shooting as a matter
of law unless the managing agency acts to close lands to such activity.
So it is open unless otherwise closed. Leaving lands open unless closed
means that agencies need not take action then to open them up to
hunting and fishing. Agencies are still permitted to close or put
restrictions on land for a number of purposes, such as resource
conservation and public safety. But on the whole this is really an
affirmation that sportsmen and sportswomen are welcome on our public
lands. Isn't that what our public lands are supposed to be all about,
which is being able to access them?
The Hunting, Fishing, and Recreational Shooting Protection Act has
again been included in this bill. This
[[Page S838]]
was introduced previously by Senators Thune and Klobuchar as a
standalone bill, but its language is very important to many of us and
to nearly all the sportsmen's groups we have heard from.
We also have provisions in the bill that deal with some of the
efforts to limit ammunition and fishing tackle by some organizations. I
think we know that if we can't access, if we can't afford traditional
ammunition and fishing tackle, it makes it pretty tough to go out and
enjoy these opportunities.
We have good pieces in here relating to conservation priorities,
including the North American Wetlands Conservation Act and the National
Fish and Wildlife Foundation.
I again the Sportsmen's Caucus and Senator Heinrich as the prime
Democratic lead on this bill. My hope is that we will be able to build
this coalition on the floor and get even beyond the number 46, which is
what we had last go-around with this legislation.
I think we will have good discussion within the committee and here on
the Senate floor. My hope is that the third time is going to be the
charm for this sportsmen's legislation. It is important to us, it is
important to our economy, and it is an issue which I am certainly
willing to take aim at. Sorry for the pun.
With that, I yield to my friend from Idaho.
The PRESIDING OFFICER. The Senator from Idaho.
Mr. RISCH. Mr. President, I rise today also in support of the
Bipartisan Sportsmen's Act of 2015. I am honored to be here today with
Senator Murkowski. Idahoans and Alaskans have a lot in common when it
comes to outdoor sporting activities, including hunting and fishing.
Senator Crapo and I were honored to host Senator Murkowski in Idaho.
Although we don't have the acres Alaska has, we certainly have that
diverse environment for hunting and fishing in many different areas of
the State that support and will continue to support both fishing and
game.
This bill is cosponsored by a bipartisan team of Senators who are
committed to advancing the agenda of sportsmen and sportswomen.
Senators Murkowski and Heinrich, along with the leaders of the
Congressional Sportsmen's Caucus--myself and Senator Manchin as the co-
chairmen and Senator Fischer and Senator Heitkamp as the co-vice
chairmen--make up the largest bipartisan caucus in Congress, and we
have diligently labored to craft this bipartisan legislation that is
supported by a broad coalition of sportsmen's groups. Indeed, we have
worked on it substantially more since the first of the year. Last year
we labored over it at great length and were not able to get it across
the finish line, but we are cautiously optimistic this year that we
have hit that right spot where we actually can get this across the
finish line this year.
One provision of this package will encourage States to create and
maintain public shooting ranges. This will promote gun safety by
providing a venue to teach young adults about firearms. These public
ranges can also serve as a place to hold hunter education classes and
can be used as facilities to train police forces.
This bill will also allow any legal gun owner to carry a firearm on
land administered by the U.S. Army Corps of Engineers. This provision
will require the Army Corps to conform their regulations to align with
local laws related to firearms. I wish to thank my colleague from
Idaho, Senator Mike Crapo, for his hard work and leadership on this
particular issue. I know the sportsmen of Idaho and across the country
are pleased to know that this legislation will allow firearms on Army
Corps land and that it is included in this bipartisan sportsmen's
package.
This bill will also reauthorize the Federal Land Transaction
Facilitation Act, a program that enables the Bureau of Land Management
to sell public land for community development and other projects. This
land-for-land approach creates jobs and generates funding for the BLM
to acquire critical inholdings from willing sellers.
I am also proud to include a provision supported by my colleague from
Wyoming, Senator Mike Enzi, to allow archery equipment to be
transported and possessed in national parks. Archery is one of the
fastest growing sports in America. It should not be illegal to carry a
bow in a national park.
I am happy to work with my colleagues to include this important
provision in this Sportsmen's Act. Whether you hunt or fish to put food
on the table or for sport or to pass down a tradition to your family or
for game-management purposes, there is something in this bill for you.
With more than half a million sportsmen and sportswomen in the State
of Idaho, this legislation will ensure they can continue to access
their favorite hunting or fishing sport. In fact, the number of people
who hunt each year in Idaho would fill Boise State Broncos stadium more
than 6\1/2\ times. Most of you are familiar with that stadium since it
is the only stadium in America that has blue turf, and most everyone
has seen that.
For those of us who hunt and fish, it is difficult to put into words
why this legislation is so important. I ask everyone I talk to about
these issues to encourage and teach youngsters about hunting and
fishing. In Idaho this last year 14,000 kids purchased a junior fishing
license, and approximately 14,000 purchased a junior hunting license.
These numbers could be higher, and they should be higher. It is
important to teach and mentor these future generations--those coming
behind us--about hunting and fishing and to hand down this culture to
them. Hunting and fishing give us a great reason to be in the great
outdoors, a great reason to hand down traditions, and a great reason to
support the Bipartisan Sportsmen's Act of 2015.
I urge all of my colleagues on both sides of the aisle to work with
this bipartisan coalition we put together, to cosponsor and to work
with us to pass this legislation.
Ms. HEITIKAMP. Mr. President, I am pleased today to join my
colleagues from Alaska and New Mexico in introducing the Bipartisan
Sportsmen's Act.
In North Dakota, hunting and fishing are a huge part of our lives. We
have opening day circled on our calendars like we do birthdays and
anniversaries. It was in North Dakota where America's conservationist
President, Theodore Roosevelt, fell in love with our State and
recognized the need to preserve our Nation's fish and game for future
generations. As President Roosevelt once said:
The nation behaves well if it treats the natural resources
as assets which it must turn over to the next generation
increased and not impaired in value. Conservation means
development as much as it does protection.
It is an honor to be able to help introduce this important
legislation and continue to advance voluntary conservation measures
that have kept our State a world-class destination for hunters and
fishermen.
This bill would continue programs such as the National Fish and
Wildlife Foundation which have successful track records of working with
nonprofits, State and local governments and private landowners to
promote voluntary conservation of fish and game habitat.
It also includes a number of provisions that will enable our hunters
and fishers to access the lands their tax dollars pay to maintain.
Additionally, it would set aside funds from the Land and Water
Conservation Fund for improving recreational access to Federal lands.
It would also direct agencies to identify high-priority Federal hunting
and fishing lands where there is currently no access and work to
provide access to sportsmen.
One section of the bill is particularly important to my State--
enabling greater use of funds for public shooting ranges. We have a
number of extremely popular target ranges in North Dakota and, with the
great influx in population to the area, they have been under
considerable stress. One such range in the city of Watford City has had
to shut down as the city expanded around it. This bill would allow
North Dakota Game and Fish to work with the city to move and reopen the
range and provide a safe place for hunters to practice their skills.
I want to thank Senators Murkowski and Heinrich, as well as Senators
Risch, Manchin, and Fisher for being excellent partners through the
Sportsmen's Caucus to introduce this bipartisan bill. I look forward to
working with them to bring this bill to the floor and sending it to the
President to become law.
[[Page S839]]
Mrs. FISCHER. Mr. President, I rise today to discuss the Bipartisan
Sportsmen's Act. I am pleased to join my colleague in introducing this
legislation.
I am grateful for the opportunity to work with my colleagues on
legislation that will promote our country's hunting, fishing, and
conservation heritage.
This bill does a lot of good things. It prevents antihunting groups
from restricting sportsmen's ammunition choices, which would
unnecessarily drive up hunting costs, impede participation in shooting
sports, and consequently decrease conservation funding.
The Sportsmen's Act provides States with more flexibility to build
and maintain public shooting ranges in order to provide Americans with
more opportunities to engage in recreational and competitive shooting
activities. The legislation also expands and enhances hunting and
fishing opportunities on Federal lands by establishing a more open
policy for access to recreational activities on our public lands.
I am especially encouraged by the fact that this bill contains
provisions I have championed that would increase transparency regarding
the judgment fund. It has the potential to help our efforts to track
taxpayer-funded litigation that impacts our public lands policies.
As my colleagues may or may not know, the judgment fund is
administered by the Treasury Department and is used to pay certain
court judgments and settlements against the Federal Government.
Essentially, this fund acts as an unlimited amount of money that is set
aside to pay for Federal Government liability. It is not subject to the
annual appropriations process, and, even more remarkably, the Treasury
Department has no reporting requirements, so these funds are paid out
with very little oversight or scrutiny.
This is no small matter, as the judgment fund disburses billions of
dollars in payments every year. Because the Treasury Department has no
binding reporting requirements, few public details exist about where
these funds are going and why.
The Public Lands Council has decried the lack of oversight of the
judgment fund by stating:
Certain groups continuously sue the federal government, and
[the] Treasury simply writes a check to foot the bill without
providing Members of Congress and the American taxpayers
basic information about the payment.
This kind of litigation can have a big impact on sportsmen and others
who enjoy multiple uses of Federal lands. This is because the
government is permitted to blindly fund lawsuits by activist groups who
use the court as a backdoor to policy making.
A recent report from the GAO found that cases filed against the EPA
have shown a pattern of these groups working in unison with big law
firms to sue under the same statutes in order to push their political
agenda through the courts.
The legislation I introduced this week with Senator Gardner, known as
the Judgment Fund Transparency Act, will bring these cases to light.
That bill has been included as a provision to the Sportsmen's Act and
will provide even greater transparency and accountability.
I am proud to be a vice chair of the Sportsmen's Caucus, and I look
forward to continuing our work to advance these important legislative
measures.
Mr. MANCHIN. Mr. President, I rise today to discuss our truly
bipartisan sportsmen's bill. This is a bipartisan bill which has been
worked on for quite some time, and I think its time has come. They say
Paul Masson's wine's time has come. It has. We have Senators Lisa
Murkowski from Alaska, Mark Heinrich from New Mexico, Jim Risch from
Idaho, myself from West Virginia, Heidi Heitkamp from North Dakota, and
Deb Fischer from Nebraska. It is balanced. I think we will find total
support hopefully on both sides.
Let me talk about the bill and what it does. It is good for
sportsmen, hunters, and lovers of the outdoors. This is a bill which
shows that Democrats and Republicans can truly come together and work
together. The bill should be a model for how we can make things work
here in Washington, and we hope the country will be watching.
West Virginia has more than 1.6 million acres of public land open to
hunting. In a State that is our size, if they flatten the State, it
would be bigger than Texas. But with all the mountains and hills and
everything, it is an absolutely wonderful and beautiful place to grow
up and live and hunt and enjoy the outdoors.
We have a year-round fishing season with more than 20,000 miles of
streams and more than 100 public fishing lakes. In 2011 West Virginia
saw more than 400,000 hunters and sportsmen supporting more than 12,000
jobs--400,000 hunters supporting 12,000 West Virginia jobs. These
sportsmen spent $870 million on hunting and fishing in West Virginia
and generated $81 million in State and local taxes. That is an industry
within itself. In a small State such as ours, we are very appreciative
of every job and every dollar that helps us provide a better quality of
life.
Let me tell you about growing up in West Virginia. It was funny. I
had a conversation on the floor of the Senate with some of my
colleagues, and we were talking about many issues. We started talking
about how we grew up and this and that, and he said: You know, Joe, I
grew up in a community in a part of the city where I never knew anybody
who owned a gun.
I was thinking how much he missed. That means he had never been
hunting. No one ever taught him how to shoot and be safe--the safety
things we should learn. I kept thinking about that. I thought to myself
and I told him: You know something, I grew up in a town where I didn't
know anybody who didn't have a gun. It is just the cultures we have.
If this bill helps introduce people to the love of the outdoors, to
the sporting, whether it is just shooting from the standpoint of
targets or sports shooting or actually hunting and basically the game--
it is very nutritional and very healthy. Venison is a big staple of the
diet in West Virginia. It is very good quality meat and very low in
fat, very high in protein and fiber. It is great.
You start learning about gun safety. My father was not a hunter. My
father never got into it. My grandfather was not a hunter. My uncles
were very much involved. But my dad made sure we had a sporting club in
the little town, a little coal mining town, and the people who were
very astute in this basically took all of us under their wing. They
would teach us how to shoot. They would teach us the safety. They would
teach us how to respect where we--if we are going to shoot something,
we should be able to harvest the game or know somebody who would use it
for nutritional values. Don't waste a thing. But also go out in the
woods and enjoy the beauty God gave us. I look back on those days.
Then I took my grandson hunting the first time. First of all, I
couldn't believe how good his eyesight was and how good he could shoot.
It is something that now he is fixated on, and he does a great job, and
I am so happy to see him. My son loves fishing, and I take him with me
all the time. It is a family tradition. We do it once a year. We do a
whole family trip where everybody goes.
This bill, the Sportsmen's Act of 2015, does so many things all over
America. It really helps us promote and continue to promote the love of
the outdoors, the love of hunting, the love of fishing, basically of
sports shooting, competitive sports shooting, pleasurable sports
shooting, learning the safety of a gun, what we should and should not
do, learning to respect others around us, making sure safety is the
first and foremost thing we do.
I hope this bill gets very quick action, very favorable action. We
can start out this new year, if you will, on something that is truly
overwhelmingly a bipartisan bill. I am sure there will be people who
have something they might object to in any piece of legislation. They
will have to work hard to find something in this bill they can object
to because I think it is put together the right way, in a bipartisan
way. It is good for America.
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