[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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