[Congressional Record Volume 161, Number 79 (Thursday, May 21, 2015)]
[Senate]
[Pages S3240-S3244]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. REED (for himself and Mr. Whitehouse):
S. 1414. A bill to amend the Magnuson-Stevens Fishery Conservation
and Management Act to add Rhode Island to the Mid-Atlantic Fishery
Management Council; to the Committee on Commerce, Science, and
Transportation.
Mr. REED. Mr. President, today, along with my colleague Senator
Whitehouse, I am introducing the Rhode Island Fishermen's Fairness Act
of 2015.
This legislation seeks to extend simple fairness to our State's
fishermen by giving Rhode Island voting representation on the Mid-
Atlantic Fishery-Management Council MAFMC. The council manages stocks,
like squid, which are critically important to the fishing industry in
my State. Rhode Island's commercial fishing industry depends more on
MAFMC-managed stocks than those managed by the New England Fisheries
Management Council, where Rhode Island is a member. More than that,
Rhode Island has a larger stake in the Mid-Atlantic fishery than many
of the states that currently hold seats on the MAFMC.
This is not a new proposal, nor is it unprecedented. North Carolina
was added to the MAFMC through an amendment to the Sustainable
Fisheries Act in 1996. In addition, the last reauthorization of the
Magnuson-Stevens Fishery Conservation and Management Act required a
report on this issue. Now it is time to make this change.
I was pleased in the last Congress that this legislation was included
in the Commerce Committee's discussion draft for the reauthorization of
the Magnuson-Stevens Act, as well as in the reauthorization bill
introduced by then-Oceans Subcommittee Chairman Mark Begich at the end
of last year. I hope that in this Congress we can take this commonsense
step to bring fairness to Rhode Island's fishermen.
______
By Mr. GRASSLEY:
S. 1418. A bill to amend title 28, United States Code, to provide an
Inspector General for the judicial branch, and for other purposes; to
the Committee on the Judiciary.
Mr. GRASSLEY. Mr. President, today I am reintroducing the Judicial
Transparency and Ethics Enhancement Act, a bill that would establish
within the judicial branch an Office of Inspector General to assist the
Judiciary with its ethical obligations as well as to ensure taxpayer
dollars are not lost to waste, fraud, or abuse. This bill will help
ensure that our Federal judicial system remains free of corruption,
bias, and hypocrisy.
The facts demonstrate that the institution of the Inspector General
has been crucial in detecting, exposing and deterring problems within
our government. The job of the Inspector General is to be the first
line of defense against fraud, waste and abuse. In collaboration with
whistleblowers, Inspectors General have been extremely effective in
their efforts to expose and help correct these wrongs.
That is why, during my many years in Congress, I have worked hard to
strengthen the oversight role of Inspectors General throughout the
Federal government. I have come to rely on IGs and whistleblowers, to
ensure that our tax dollars are spent according to the letter and
spirit of the law. When that doesn't happen, we in Congress need to
know about it and take corrective action.
During the past fiscal year, Congress appropriated nearly $7 billion
in taxpayer money to the Federal judiciary. To put this in context, the
Small Business Administration and the Corporation for National and
Community Service each received a similar or less amount than the
judiciary. Yet both of these entities have an Office of Inspector
General. If we in Congress believed that these entities could use an
Inspector General, I cannot see why the Judiciary wouldn't deserve the
same assistance.
But there is an additional reason why the Judiciary needs an
Inspector General. The fact remains that the current practice of self-
regulation of judges with respect to ethics and the judicial code of
conduct has time and time again proven inadequate. I would point out to
my colleagues two recent events here in the Senate that support this
conclusion.
In the past 6 years, the Senate received articles of impeachment for
not one but two Federal judges. In the first case, former Judge Samuel
B. Kent, although charged with multiple counts of sexual assault, pled
guilty to obstruction of justice. Who did he obstruct? Who did he lie
to? He did this to his fellow judges, who were assembled to investigate
the allegations of his obscene and criminal behavior. But it took a
criminal investigation by the Department of Justice to uncover his
false statements to his colleagues as well as substantiate the
horrendous claims made against him.
In the second case, the Senate found former Judge G. Thomas Porteous,
Jr. guilty on multiple articles of impeachment, including accepting
money from attorneys who had a case pending before him in his court and
committing perjury by falsifying his name on bankruptcy filings. Once
again, this Judge's misbehavior came to light through a Federal
criminal investigation, after which another judicial committee had to
be organized to investigate their fellow judge.
What's more, in each case the disgraced judge tried to game the
system in order to retain his $174,000 salary. Rather than resign their
commissions, each first tried to claim disability status that would
allow each to continue to receive payment, even if in prison. Then both
played chicken with Congress daring us to strip them of their pay by
impeaching and convicting them. I am pleased that we put our foot down
and said ``No.''
This bill would establish an Office of Inspector General for the
judicial branch. The IG's responsibilities would include conducting
investigations of
[[Page S3241]]
possible judicial misconduct, investigating waste fraud and abuse, and
recommending changes in laws and regulations governing the federal
judiciary. The bill would require the IG to provide the Chief Justice
and Congress with an annual report on its activities, as well as refer
matters that may constitute a criminal violation to the Department of
Justice. In addition, the bill establishes whistleblower protections
for judicial branch employees.
Ensuring a fair and independent judiciary is critical to our
Constitutional checks and balances. Judges are supposed to maintain
impartiality. They are supposed to be free from conflicts of interest.
An independent watchdog for the federal judiciary will help its members
comply with the ethics rules and promote credibility within the
judicial branch of government. Whistleblower protections for judiciary
branch employees will help keep the judiciary accountable. The Judicial
Transparency and Ethics Enhancement Act will not only help ensure
continued public confidence in our Federal courts and keep them beyond
reproach, it will strengthen our judicial branch.
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. 1418
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 ``Judicial Transparency and
Ethics Enhancement Act of 2015''.
SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH.
(a) Establishment and Duties.--Part III of title 28, United
States Code, is amended by adding at the end the following:
``CHAPTER 60--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH
``Sec.
``1021. Establishment.
``1022. Appointment, term, and removal of Inspector General.
``1023. Duties.
``1024. Powers.
``1025. Reports.
``1026. Whistleblower protection.
``Sec. 1021. Establishment
``There is established for the judicial branch of the
Government the Office of Inspector General for the Judicial
Branch (in this chapter referred to as the `Office').
``Sec. 1022. Appointment, term, and removal of Inspector
General
``(a) Appointment.--The head of the Office shall be the
Inspector General, who shall be appointed by the Chief
Justice of the United States after consultation with the
majority and minority leaders of the Senate and the Speaker
and minority leader of the House of Representatives.
``(b) Term.--The Inspector General shall serve for a term
of 4 years and may be reappointed by the Chief Justice of the
United States for any number of additional terms.
``(c) Removal.--The Inspector General may be removed from
office by the Chief Justice of the United States. The Chief
Justice shall communicate the reasons for any such removal to
both Houses of Congress.
``Sec. 1023. Duties
``With respect to the judicial branch, the Office shall--
``(1) conduct investigations of alleged misconduct in the
judicial branch (other than the United States Supreme Court)
under chapter 16 that may require oversight or other action
within the judicial branch or by Congress;
``(2) conduct investigations of alleged misconduct in the
United States Supreme Court that may require oversight or
other action within the judicial branch or by Congress;
``(3) conduct and supervise audits and investigations;
``(4) prevent and detect waste, fraud, and abuse; and
``(5) recommend changes in laws or regulations governing
the judicial branch.
``Sec. 1024. Powers
``(a) Powers.--In carrying out the duties of the Office,
the Inspector General shall have the power to--
``(1) make investigations and reports;
``(2) obtain information or assistance from any Federal,
State, or local governmental agency, or other entity, or unit
thereof, including all information kept in the course of
business by the Judicial Conference of the United States, the
judicial councils of circuits, the Administrative Office of
the United States Courts, and the United States Sentencing
Commission;
``(3) require, by subpoena or otherwise, the attendance and
testimony of such witnesses, and the production of such
books, records, correspondence, memoranda, papers, and
documents, which subpoena, in the case of contumacy or
refusal to obey, shall be enforceable by civil action;
``(4) administer to or take from any person an oath,
affirmation, or affidavit;
``(5) employ such officers and employees, subject to the
provisions of title 5, governing appointments in the
competitive service, and the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates;
``(6) obtain services as authorized by section 3109 of
title 5 at daily rates not to exceed the equivalent rate for
a position at level IV of the Executive Schedule under
section 5315 of such title; and
``(7) the extent and in such amounts as may be provided in
advance by appropriations Acts, to enter into contracts and
other arrangements for audits, studies, analyses, and other
services with public agencies and with private persons, and
to make such payments as may be necessary to carry out the
duties of the Office.
``(b) Chapter 16 Matters.--The Inspector General shall not
commence an investigation under section 1023(1) until the
denial of a petition for review by the judicial council of
the circuit under section 352(c) of this title or upon
referral or certification to the Judicial Conference of the
United States of any matter under section 354(b) of this
title.
``(c) Limitation.--The Inspector General shall not have the
authority to--
``(1) investigate or review any matter that is directly
related to the merits of a decision or procedural ruling by
any judge, justice, or court; or
``(2) punish or discipline any judge, justice, or court.
``Sec. 1025. Reports
``(a) When To Be Made.--The Inspector General shall--
``(1) make an annual report to the Chief Justice and to
Congress relating to the activities of the Office; and
``(2) make prompt reports to the Chief Justice and to
Congress on matters that may require action by the Chief
Justice or Congress.
``(b) Sensitive Matter.--If a report contains sensitive
matter, the Inspector General may so indicate and Congress
may receive that report in closed session.
``(c) Duty To Inform Attorney General.--In carrying out the
duties of the Office, the Inspector General shall report
expeditiously to the Attorney General whenever the Inspector
General has reasonable grounds to believe there has been a
violation of Federal criminal law.
``Sec. 1026. Whistleblower protection
``(a) In General.--No officer, employee, agent, contractor,
or subcontractor in the judicial branch may discharge,
demote, threaten, suspend, harass, or in any other manner
discriminate against an employee in the terms and conditions
of employment because of any lawful act done by the employee
to provide information, cause information to be provided, or
otherwise assist in an investigation regarding any possible
violation of Federal law or regulation, or misconduct, by a
judge, justice, or any other employee in the judicial branch,
which may assist the Inspector General in the performance of
duties under this chapter.
``(b) Civil Action.--An employee injured by a violation of
subsection (a) may, in a civil action, obtain appropriate
relief.''.
(b) Technical and Conforming Amendment.--The table of
chapters for part III of title 28, United States Code, is
amended by adding at the end the following:
``60. Inspector General for the judicial branch............1021''.....
______
By Mr. NELSON (for himself and Mr. Markey):
S. 1430. A bill to improve the ability of the National Oceanic and
Atmospheric Administration, the Coast Guard, and costal States to
sustain healthy ocean and coastal ecosystems by maintaining and
sustaining their capabilities relating to oil spill preparedness,
prevention, response, and for other purposes; to the Committee on
Commerce, Science, and Transportation.
Mr. NELSON. Mr. President, today the U.S. Coast Guard and the
National Oceanic and Atmospheric Administration are responding to yet
another oilspill in the water. In a moment, I will bring out a
photograph which shows the fresh crude oil on the beach of Refugio
State Park in California. This oilspill brings back the images from 5
years ago of the oil-coated pelicans and tar-stained beaches, which
were once sugar white, covered with gooey mats of oil from the
Deepwater Horizon oilspill. Although the spill happened in 2010, a lot
of that oil is still sloshing around out there in the gulf.
Last week, the Department of the Interior told us that the oil
leaking in the gulf since 2004 from Taylor Energy wells could continue
for a century or more ``if left unchecked.''
This is the oilspill that just happened in the last few days. It is
fresh crude, and it is on the beach in California. Of course, when I
see this kind of picture, it brings me back to that experience all of
us on the gulf coast had 5 years ago, and we wouldn't wish that upon
anybody. Remember, to begin with, they said, Oh, it is just a few
hundred barrels of oil, even though it was ruptured 1 mile beneath the
surface of the water.
[[Page S3242]]
Then we got the streaming video. We actually put that video on my Web
site. The chairman of the environment committee, Senator Boxer, put it
up on her committee Web site. Once scientists could see how much was
flowing, they could calculate, and then they saw that it wasn't going
to be a few hundred or even a thousand barrels of oil a day; it was
approaching something like 50 times that.
We know what, in fact, happened. Almost 5 million barrels of oil was
spilled. The court in Louisiana--the Federal court that is hearing this
case against BP--indeed has concluded that those who are going to be
held responsible under the Oil Pollution Act of 1990 will be
responsible for somewhere around 4 million barrels. That is court-
decided.
A lot of that oil is still out there. Yet, appallingly, today the
economy and the environment of the State of Florida are again under
attack. I have just been informed that Senators from Louisiana,
Mississippi, and Texas are seeking to invite oil rigs within 50 miles
of Florida's coastline.
Now, of course, that goes against all logic. It is certainly not what
the people of Florida want and it is not what the Department of the
Interior has said is appropriate or necessary under the next 5-year
leasing plan.
Florida is a unique State. This is a photo of a dead dolphin covered
with oil that is just another casualty of what we are seeing that is
happening this week.
The reason I am here today with these Senators who are threatening
Florida is because in 2006, in a bipartisan way, the other Senator from
Florida, Mr. Martinez, a Republican, and I, a Democrat, joined together
to put in law that the Outer Continental Shelf off Florida is off-
limits to oil drilling. We were successful in doing that, even though
no other Outer Continental Shelf off the United States is off-limits.
In the administration's 5-year plans, they have complied with that
because the off-limits to oil drilling is until the year 2022.
Therefore, in the next 5-year plan, from 2017 to 2022, the
administration honored that. It is, after all, the law.
But why is Florida different than others? Well, in the first place,
there is no oil off of Florida. People think of where the oil is. It is
off of Louisiana. The sediment came down the Mississippi River for
millions of years and was compacted by the Earth's crust, and that
formed these oil deposits. There is a lot of oil in the central Gulf of
Mexico and, indeed, that is what is happening. A lot of oil is being
produced there. That is the first reason. There is not oil off of
Florida.
But there are other reasons, not the least of which is of all the
Gulf Coast States, Florida has the most beaches and, therefore, the
economy is directly charged with the fact of having those pristine,
sugary white beaches as such an attraction for our guests to come to
Florida and enjoy nature's seaside.
Well, we found out, as a result of the gulf oilspill, that even
though just a little oil reached Florida--Pensacola Beach was
blackened, tar mats came into Pensacola Bay, Destin got oil on the
beach, and some tar balls got as far east as Panama City Beach. So
people saw those pictures of oil covering the beach and they thought
that was the entire State of Florida and they didn't come. For a whole
season, the guests, the visitors, the tourists did not come. So the
motels were not filled and the restaurants were not filled and the
drycleaners, and all the ancillary businesses associated with a tourism
economy on the coast, they did not come.
Now, there is also, obviously, the environmental interests because we
do have a lot of the bays and estuaries and marsh grasses where
critters spawn so much of the marine life in the Gulf of Mexico, and it
starts in these bays and estuaries. That is obviously a reason as well.
But there is a special reason why we have kept oil off our shores.
Bottlenose dolphins in the gulf have been dying at unprecedented rates
over the last 5 years. This is one of those sick dolphins. So from the
BP spill, science is showing, in fact, what we intuitively knew. And
just yesterday, a team of scientists confirmed the Deepwater Horizon
oilspill contributed to the highest number of dead bottlenose dolphin
strandings on record in the northern Gulf of Mexico.
So it certainly makes little sense that we would seek more drilling
in even riskier areas when we are still picking up the pieces from the
last major oilspill.
Today, I am introducing legislation that implements many of the hard
lessons learned in the wake of the Deepwater Horizon BP oilspill. This
legislation is going to make sure that NOAA and the Coast Guard have
the tools to prevent, to prepare for, and to respond to marine
oilspills.
The bill is going to give gulf coast communities a seat at the table
in the decisions about oil drilling that affects their way of life. It
will strengthen State-level planning for oilspills or seismic
exploration. But, most importantly, the bill will protect Florida from
Big Oil's reach by keeping the eastern Gulf of Mexico off-limits beyond
2022 and in statute until 2027.
Back in 2006, we passed the bipartisan Gulf of Mexico Energy Security
Act. In that act, that is what we did in establishing this off-limits
in law. But now, some of our neighboring States, at the behest of Big
Oil, are trying to drill again and to drill off of Florida.
We are going to do everything we can to make sure we don't lose
another tourism season. We are going to do everything we can to make
sure we don't lose an entire year for our recreational fishermen,
charter boat fishermen, as well as the commercial fishermen. Drilling
off the coast is not what the people of Florida want. We want fishing
vessels hauling in prize catches, not Coast Guard vessels skimming oil.
We want dolphins rolling in the waves, not washing ashore, and we want
sunbathers on the beaches, not HAZMAT workers.
______
By Mr. REID (for himself and Mr. Heller):
S. 1436. A bill to require the Secretary of the Interior to take land
into trust for certain Indian tribes, and for other purposes; to the
Committee on Indian Affairs.
Mr. REID. 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. 1436
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 ``Nevada Native Nations Land
Act''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR CERTAIN
INDIAN TRIBES.
(a) Conveyance of Land to Be Held in Trust for the Fort
McDermitt Paiute and Shoshone Tribe.--
(1) Definition of map.--In this subsection, the term
``map'' means the map entitled ``Fort McDermitt Indian
Reservation Expansion Act'', dated February 21, 2013, and on
file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the benefit
of the Fort McDermitt Paiute and Shoshone Tribe; and
(B) shall be part of the reservation of the Fort McDermitt
Paiute and Shoshone Tribe.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 19,094 acres of land administered by
the Bureau of Land Management as generally depicted on the
map as ``Reservation Expansion Lands''.
(b) Conveyance of Land to Be Held in Trust for the Shoshone
Paiute Tribes.--
(1) Definition of map.--In this subsection, the term
``map'' means the map entitled ``Mountain City Administrative
Site Proposed Acquisition'', dated July 29, 2013, and on file
and available for public inspection in the appropriate
offices of the Forest Service.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the benefit
of the Shoshone Paiute Tribes of the Duck Valley Indian
Reservation; and
(B) shall be part of the reservation of the Shoshone Paiute
Tribes of the Duck Valley Indian Reservation.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 82 acres of land administered by the
Forest Service as generally depicted on the map as ``Proposed
Acquisition Site''.
(c) Conveyance of Land to Be Held in Trust for the Summit
Lake Paiute Tribe.--
(1) Definition of map.--In this section, the term ``map''
means the map entitled ``Summit Lake Indian Reservation
Conveyance'',
[[Page S3243]]
dated February 28, 2013, and on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the benefit
of the Summit Lake Paiute Tribe; and
(B) shall be part of the reservation of the Summit Lake
Paiute Tribe.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 941 acres of land administered by
the Bureau of Land Management as generally depicted on the
map as ``Reservation Conveyance Lands''.
(d) Conveyance of Land to Be Held in Trust for the Reno-
Sparks Indian Colony.--
(1) Definition of map.--In this subsection, the term
``map'' means the map entitled ``Reno-Sparks Indian Colony
Expansion'', dated June 11, 2014, and on file and available
for public inspection in the appropriate offices of the
Bureau of Land Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the benefit
of the Reno-Sparks Indian Colony; and
(B) shall be part of the reservation of the Reno-Sparks
Indian Colony.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 13,434 acres of land administered by
the Bureau of Land Management as generally depicted on the
map as ``RSIC Amended Boundary''.
(e) Conveyance of Land to Be Held in Trust for the Pyramid
Lake Paiute Tribe.--
(1) Map.--In this subsection, the term ``map'' means the
map entitled ``Pyramid Lake Indian Reservation Expansion'',
dated April 13, 2015, and on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the benefit
of the Pyramid Lake Paiute Tribe; and
(B) shall be part of the reservation of the Pyramid Lake
Paiute Tribe.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 6,357 acres of land administered by
the Bureau of Land Management as generally depicted on the
map as ``Reservation Expansion Lands''.
(f) Conveyance of Land to Be Held in Trust for the
Duckwater Shoshone Tribe.--
(1) Map.--In this subsection, the term ``map'' means the
map entitled ``Duckwater Reservation Expansion'', dated
January 12, 2015, and on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the benefit
of the Duckwater Shoshone Tribe; and
(B) shall be part of the reservation of the Duckwater
Shoshone Tribe.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 31,269 acres of land administered by
the Bureau of Land Management as generally depicted on the
map as ``Reservation Expansion Lands''.
SEC. 4. ADMINISTRATION.
(a) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete a survey
of the boundary lines to establish the boundaries of the land
taken into trust for each Indian tribe under section 3.
(b) Use of Trust Land.--
(1) Gaming.--Land taken into trust under section 3 shall
not be eligible, or considered to have been taken into trust,
for class II gaming or class III gaming (as those terms are
defined in section 4 of the Indian Gaming Regulatory Act (25
U.S.C. 2703)).
(2) Thinning; landscape restoration.--With respect to the
land taken into trust under section 3, the Secretary, in
consultation and coordination with the applicable Indian
tribe, may carry out any fuel reduction and other landscape
restoration activities, including restoration of sage grouse
habitat, on the land that is beneficial to the Indian tribe
and the Bureau of Land Management.
______
By Mr. WYDEN:
S. 1440. A bill to amend the Federal Credit Union Act to exclude a
loan secured by a non-owner occupied 1- to 4-family dwelling from the
definition of a member business loan, and for other purposes; to the
Committee on Banking, Housing, and Urban Affairs.
Mr. WYDEN. Mr. President, most of us have heard the metaphor that
small businesses are the engines that power our economy. What we don't
hear people talk about as much is the fuel that feeds the engines:
capital. Without capital, entrepreneurs cannot see their ideas to
fruition, successful business owners cannot expand to meet the needs of
the market, and eager job seekers must take their skills elsewhere.
Without capital, Main Street falters.
Today, more than 7 years after the start of the Great Recession and
many policy reforms later, access to capital remains a challenge that
stands in the way of small business growth, economic development and
job creation in Oregon and across the country. Despite this, government
regulation continues to tie the hands of many potential lenders;
namely, credit unions. According to some estimates, credit unions could
lend an additional $16 billion to small businesses, helping them create
nearly 150,000 new jobs in just 1 year if Congress loosened restraints
on credit union business lending.
With this in mind, I am pleased to introduce today the Credit Union
Residential Loan Parity Act, which would increase access to capital by
exempting certain loans from the member business lending cap imposed on
credit unions. Currently, loans made for one- to four-person, non-owner
occupied housing are treated as business loans when they are made by
credit unions. As such, these types of loans count against a credit
union's business lending cap, and thereby limit a credit union's
ability to provide loans to small businesses. My legislation would
address this issue by allowing credit unions to treat these types of
loans as residential loans--as they are when they are made by other
financial institutions--therefore exempting these loans from the
business lending cap. In doing so, this legislation would increase the
availability of business capital, providing greater opportunities for
small businesses to receive credit union loans to help them continue to
grow and expand, create jobs and support our local economies.
I am hopeful that this legislation will be received by colleagues for
what it is: a simple step to help ensure America's small businesses
have access to the fuel they need to power our economy. It is my hope
that the Senate will pass this legislation swiftly.
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. 1440
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 ``Credit Union Residential
Loan Parity Act''.
SEC. 2. TREATMENT OF A NON-OWNER OCCUPIED 1- TO 4-FAMILY
DWELLING.
(a) Removal From Member Business Loan Limitation.--Section
107A(c)(1)(B)(i) of the Federal Credit Union Act (12 U.S.C.
1757a(c)(1)(B)(i)) is amended by striking ``that is the
primary residence of a member''.
(b) Rule of Construction.--Nothing in this Act or the
amendment made by this Act shall preclude the National Credit
Union Administration from treating an extension of credit
that is fully secured by a lien on a 1- to 4-family dwelling
that is not the primary residence of a member as a member
business loan for purposes other than the member business
loan limitation requirements under section 107A of the
Federal Credit Union Act (12 U.S.C. 1757a).
______
By Mr. WYDEN (for himself and Mr. Merkley):
S. 1448. A bill to designate the Frank Moore Wild Steelhead Sanctuary
in the State of Oregon; to the Committee on Energy and Natural
Resources.
Mr. WYDEN. Mr. President, today I am introducing a bill to honor my
friend Frank Moore, an Oregonian, World War II veteran, husband to
Jeanne, father, avid fly fisherman, and tireless conservationist.
Frank Moore can be found standing in the North Umpqua River in
Oregon, wearing waders and casting his fly fishing reel, for hours. He
is a legendary presence on the River, even at 91 years young. A pastime
he picked up from his father, fly fishing has been a business and a
hobby for Frank for nearly his entire life. Not only has he enjoyed the
fishing and scenery on Oregon's rivers for decades, Frank's love of
Oregon and his tireless work to conserve our state's fish habitats and
rivers adds up to a rich legacy that sets the standard for generations
to come. Frank served on the State of Oregon Fish and Wildlife
Commission and has received the National Wildlife Federation
Conservationist of the Year award and the Wild
[[Page S3244]]
Steelhead Coalition Conservation Award.
Frank's commitment to the health and vitality of Oregon's rivers and
fish habitat over the years is inspiring and he deserves countless
thanks for his work and dedication. The Frank Moore Wild Steelhead
Sanctuary will serve as a tribute to the many outstanding
accomplishments of Frank, both on and off the river.
It is my honor to introduce this bill today with my colleague from
Oregon Senator Merkley on behalf of this extraordinary Oregonian.
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. 1448
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 ``Frank Moore Wild Steelhead
Sanctuary Designation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Frank Moore has committed his life to family, friends,
his country, and fly fishing;
(2) Frank Moore is a World War II veteran who stormed the
beaches of Normandy along with 150,000 troops during the D-
Day Allied invasion and was awarded the Chevalier of the
French Legion of Honor for his bravery;
(3) Frank Moore returned home after the war, started a
family, and pursued his passion of fishing on the winding
rivers in Oregon;
(4) as the proprietor of the Steamboat Inn along the North
Umpqua River in Oregon for nearly 20 years, Frank Moore,
along with his wife Jeanne, shared his love of fishing, the
flowing river, and the great outdoors, with visitors from all
over the United States and the world;
(5) Frank Moore has spent most of his life fishing the vast
rivers of Oregon, during which time he has contributed
significantly to efforts to conserve fish habitats and
protect river health, including serving on the State of
Oregon Fish and Wildlife Commission;
(6) Frank Moore has been recognized for his conservation
work with the National Wildlife Federation Conservationist of
the Year award, the Wild Steelhead Coalition Conservation
Award, and his 2010 induction into the Fresh Water Fishing
Hall of Fame; and
(7) in honor of the many accomplishments of Frank Moore,
both on and off the river, approximately 104,000 acres of
Forest Service land in Oregon should be designated as the
``Frank Moore Wild Steelhead Sanctuary''.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``Map'' means the map entitled ``O&C
Land Grant Act of 2014: Frank Moore Wild Steelhead
Sanctuary'' and dated November 3, 2014.
(2) Sanctuary.--The term ``Sanctuary'' means the Frank
Moore Wild Steelhead Sanctuary designated by section 4(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(4) State.--The term ``State'' means the State of Oregon.
SEC. 4. FRANK MOORE WILD STEELHEAD SANCTUARY, OREGON.
(a) Designation.--The approximately 104,000 acres of Forest
Service land in the State, as generally depicted on the Map,
is designated as the ``Frank Moore Wild Steelhead
Sanctuary''.
(b) Map; Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of the Sanctuary.
(2) Force of law.--The map and legal description prepared
under paragraph (1) shall have the same force and effect as
if included in this Act, except that the Secretary may
correct clerical and typographical errors in the map and
legal description.
(3) Availability.--The map and legal description prepared
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service.
(c) Administration.--Subject to valid existing rights, the
Sanctuary shall be administered by the Secretary--
(1) in accordance with all laws (including regulations)
applicable to the National Forest System; and
(2) in a manner that--
(A) protects, preserves, and enhances the natural
character, scientific use, and the botanical, recreational,
ecological, fish and wildlife, scenic, drinking water, and
cultural values of the Sanctuary;
(B) protects and seeks to enhance the wild salmonid
resources of the Sanctuary;
(C) maintains or enhances the watershed as a thermal refuge
for wild salmonids; and
(D) preserves opportunities for primitive recreation.
(d) Fish and Wildlife.--Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to
fish and wildlife in the State.
(e) Adjacent Management.--Nothing in this section creates
any protective perimeter or buffer zone around the Sanctuary.
(f) Protection of Tribal Rights.--Nothing in this section
diminishes any treaty rights of an Indian tribe.
(g) Withdrawal.--Subject to valid existing rights, the
Federal land within the boundaries of the Sanctuary river
segments designated by subsection (a) is withdrawn from all
forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
(h) Uses.--The Secretary shall only allow uses of the
Sanctuary that are consistent with the purposes and values
for which the Sanctuary is established.
(i) Use of Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (2), the
use of motorized vehicles within the Sanctuary shall be
limited to roads allowed by the Secretary for the use of
motorized vehicles.
(2) Off-road vehicle use.--Notwithstanding paragraph (1),
the Secretary may allow off-road vehicle use in designated
portions of the Sanctuary if the use is consistent with the
purposes and values for which the Sanctuary was designated.
(j) Roads.--
(1) In general.--The Secretary, to the maximum extent
practicable, shall decrease the total mileage of system roads
that are operational in the Sanctuary to a quantity less than
the quantity of mileage in existence on the date of enactment
of this Act.
(2) Priority.--The Secretary shall prioritize decreasing
the mileage of the road network in the Sanctuary to reduce
impacts to water quality from sediment delivered to streams
by forest roads.
(3) Temporary roads.--If the Secretary constructs a
temporary road as part of a vegetation management project,
the Secretary shall close and decommission the temporary road
not later than the earlier of--
(A) the date that is 2 years after the date on which the
activity for which the temporary road was constructed is
completed; and
(B) the date that is 1 year after the date on which the
vegetation management project is completed.
(4) No new roads.--The Secretary shall prohibit--
(A) any new system or nonsystem road within the Sanctuary
and key watersheds under the plan entitled ``Northwest Forest
Plan 1994 Record of Decision for Amendments to Forest Service
and Bureau of Land Management Planning Documents Within the
Range of the Northern Spotted Owl'' after the date of
enactment of this Act, except as the Secretary determines to
be necessary, if the Secretary determines that no practicable
alternative exists, and subject to the availability of
appropriations; and
(B) the construction of any new road in any roadless area
in the Sanctuary.
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