[Congressional Record Volume 163, Number 112 (Thursday, June 29, 2017)]
[Senate]
[Pages S3860-S3863]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CORNYN (for himself and Mr. Inhofe):
S. 1478. A bill to improve the Defense Siting Clearinghouse; to the
Committee on Armed Services.
Mr. CORNYN. 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. 1478
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 ``Defense Siting Clearinghouse
Improvement Act of 2017''.
SEC. 2. DEFENSE SITING CLEARINGHOUSE.
(a) Codification.--Chapter 7 of title 10, United States
Code, is amended by inserting after section 183 the following
new section:
``Sec. 183a. Defense Siting Clearinghouse for review of
mission obstructions
``(a) Establishment.--(1) The Secretary of Defense shall
establish a Defense Siting Clearinghouse (in this section
referred to as the `Clearinghouse').
``(2) The Clearinghouse shall be--
``(A) organized under the authority, direction, and control
of an Assistant Secretary of Defense designated by the
Secretary; and
``(B) assigned such personnel and resources as the
Secretary considers appropriate to carry out this section.
``(b) Functions.--(1) The Clearinghouse shall serve as a
clearinghouse to coordinate Department of Defense review of
applications for energy projects filed with the Secretary of
Transportation pursuant to section 44718 of title 49 and
received by the Department of Defense from the Secretary of
Transportation.
``(2) The Clearinghouse shall accelerate the development of
planning tools necessary to determine the acceptability to
the Department of Defense of proposals included in an
application for an energy project submitted pursuant to such
section.
``(3) The Clearinghouse shall perform such other functions
as the Secretary of Defense assigns.
``(c) Review of Proposed Actions.--(1) Not later than 30
days after receiving from the Secretary of Transportation a
proper application for an energy project under section 44718
of title 49 that may have an adverse impact on military
operations and readiness, the Clearinghouse shall conduct a
preliminary review of such application. The review shall--
``(A) assess the likely scope, duration, and level of risk
of any adverse impact of such energy project on military
operations and readiness; and
``(B) identify any feasible and affordable actions that
could be taken by the Department, the developer of such
energy project, or others to mitigate the adverse impact and
to minimize risks to national security while allowing the
energy project to proceed with development.
``(2) If the Clearinghouse determines under paragraph (1)
that an energy project will have an adverse impact on
military operations and readiness, the Secretary of Defense
shall issue to the applicant a notice of presumed risk that
describes the concerns identified by the Department in the
preliminary review and requests a discussion of possible
mitigation actions.
``(3) The Clearinghouse shall develop, in coordination with
other departments and agencies of the Federal Government, an
integrated review process to ensure timely notification and
consideration of energy projects filed with the Secretary of
Transportation pursuant to section 44718 of title 49 that may
have an adverse impact on military operations and readiness.
``(4) The Clearinghouse shall establish procedures for the
Department of Defense for the coordinated consideration of
and response to a request for a review received from another
Federal agency, a State government, an Indian tribal
government, a local government, a landowner, or the developer
of an energy project, including guidance to personnel at each
military installation in the United States on how to initiate
such procedures and ensure a coordinated Department response.
``(5) The Clearinghouse shall develop procedures for
conducting early outreach to parties carrying out energy
projects that could have an adverse impact on military
operations and readiness and to clearly communicate to such
parties actions being taken by the Department of Defense
under this section.
``(d) Comprehensive Review.--(1) The Secretary of Defense
shall develop a comprehensive strategy for addressing the
military impacts of projects filed with the Secretary of
Transportation pursuant to section 44718 of title 49.
``(2) In developing the strategy required by paragraph (1),
the Secretary shall--
``(A) assess of the magnitude of interference posed by
projects filed with the Secretary of Transportation pursuant
to section 44718 of title 49;
``(B) for the purpose of informing preliminary reviews
under subsection (c)(1) and
[[Page S3861]]
early outreach efforts under subsection (c)(5), identify
geographic areas selected as proposed locations for projects
filed, or which may be filed in the future, with the
Secretary of Transportation pursuant to section 44718 of
title 49 where such projects could have an adverse impact on
military operations and readiness and categorize the risk of
adverse impact in such areas; and
``(C) specifically identify feasible and affordable long-
term actions that may be taken to mitigate adverse impacts of
projects filed, or which may be filed in the future, with the
Secretary of Transportation pursuant to section 44718 of
title 49, on military operations and readiness, including--
``(i) investment priorities of the Department of Defense
with respect to research and development;
``(ii) modifications to military operations to accommodate
applications for such projects;
``(iii) recommended upgrades or modifications to existing
systems or procedures by the Department of Defense;
``(iv) acquisition of new systems by the Department and
other departments and agencies of the Federal Government and
timelines for fielding such new systems; and
``(v) modifications to the projects for which such
applications are filed, including changes in size, location,
or technology.
``(e) Department of Defense Determination of Unacceptable
Risk.--(1) The Secretary of Defense may not object to an
energy project filed with the Secretary of Transportation
pursuant to section 44718 of title 49, except in a case in
which the Secretary of Defense determines, after giving full
consideration to mitigation actions identified pursuant to
this section, that such project would result in an
unacceptable risk to the national security of the United
States. Such a determination shall constitute a finding
pursuant to section 44718(f) of title 49.
``(2) Not later than 30 days after making a determination
of unacceptable risk under paragraph (1), the Secretary of
Defense shall submit to the congressional defense committees
a report on such determination and the basis for such
determination. Such report shall include an explanation of
the operational impact that led to the determination, a
discussion of the mitigation options considered, and an
explanation of why the mitigation options were not feasible
or did not resolve the conflict. The Secretary of Defense may
provide public notice through the Federal Register of the
determination.
``(3) The Secretary of Defense may only delegate the
responsibility for making a determination of unacceptable
risk under paragraph (1) to the Deputy Secretary of Defense,
an under secretary of defense, or a principal deputy under
secretary of defense.
``(f) Authority to Accept Contributions of Funds.--The
Secretary of Defense is authorized to request and accept a
voluntary contribution of funds from an applicant for a
project filed with the Secretary of Transportation pursuant
to section 44718 of title 49. Amounts so accepted shall
remain available until expended for the purpose of offsetting
the cost of measures undertaken by the Secretary of Defense
to mitigate adverse impacts of such a project on military
operations and readiness or to conduct studies of potential
measures to mitigate such impacts.
``(g) Effect of Department of Defense Hazard Assessment.--
An action taken pursuant to this section shall not be
considered to be a substitute for any assessment or
determination required of the Secretary of Transportation
under section 44718 of title 49.
``(h) Savings Clause.--Nothing in this section shall be
construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
``(i) Definitions.--In this section:
``(1) The term `adverse impact on military operations and
readiness' means any adverse impact upon military operations
and readiness, including flight operations, research,
development, testing, and evaluation, and training, that is
demonstrable and is likely to impair or degrade the ability
of the armed forces to perform their warfighting missions.
``(2) The term `energy project' means a project that
provides for the generation or transmission of electrical
energy.
``(3) The term `landowner' means a person that owns a fee
interest in real property on which a proposed energy project
is planned to be located.
``(4) The term `military installation' has the meaning
given that term in section 2801(c)(4) of this title.
``(5) The term `military readiness' includes any training
or operation that could be related to combat readiness,
including testing and evaluation activities.
``(6) The term `military training route' means a training
route developed as part of the Military Training Route
Program, carried out jointly by the Federal Aviation
Administration and the Secretary of Defense, for use by the
armed forces for the purpose of conducting low-altitude,
high-speed military training.
``(7) The term `unacceptable risk to the national security
of the United States' means the construction, alteration,
establishment, or expansion, or the proposed construction,
alteration, establishment, or expansion, of a structure or
sanitary landfill that would--
``(A) endanger safety in air commerce, related to the
activities of the Department of Defense;
``(B) interfere with the efficient use and preservation of
the navigable airspace and of airport traffic capacity at
public-use airports, related to the activities of the
Department of Defense; or
``(C) significantly impair or degrade the capability of the
Department of Defense to conduct training, research,
development, testing, and evaluation, and operations or to
maintain military readiness.''.
(b) Conforming and Clerical Amendments.--
(1) Repeal of existing provision.--Section 358 of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011 (49 U.S.C. 44718 note) is repealed.
(2) Reference to regulations.--Section 44718(g) of title
49, United States Code, is amended by striking ``211.3 of
title 32, Code of Federal Regulations, as in effect on
January 6, 2014'' both places it appears and inserting
``183a(i) of title 10''.
(3) Table of sections amendment.--The table of sections at
the beginning of chapter 7 of title 10 is amended by
inserting after the item relating to section 183 the
following new item:
``183a. Defense Siting Clearinghouse for review of mission
obstructions.''.
(c) Applicability of Existing Rules and Regulations.--
Notwithstanding the amendments made by subsection (a), any
rule or regulation promulgated to carry out section 358 of
the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (49 U.S.C. 44718 note) that is in effect on the day
before the date of the enactment of this Act shall continue
in effect and apply to the extent such rule or regulation is
consistent with the authority under section 183a of title 10,
United States Code, as added by subsection (a), until such
rule or regulation is otherwise amended or repealed.
______
By Mr. DAINES (for himself and Mr. Merkley):
S. 1497. A bill to amend title 40, United States Code, to provide a
lactation room in public buildings, and for other purposes; to the
Committee on Environment and Public Works.
Mr. DAINES. 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:
Mr. DAINES. Mr. President, as a father of four and a traveling
family, I know how important and challenging it is for nursing mothers
to find a space to care for and feed their children. As our society and
economy becomes ever more transient, we need to provide spaces for
mothers on the go and ease their return to the workforce. Last
Congress, I helped ensure the Bottles and Breastfeeding Equipment
Screening Act became law, which eased the burden traveling mothers
experienced. We need to continue easing this burden and expand
facilities in public buildings.
Federal agencies, under current law, are required to provide space
for nursing mothers to pump breastmilk for their newborns.
Additionally, General Services Administration requires installation of
these spaces for all newly constructed federal buildings, as well as
those undergoing modernizations. These rooms are a simple hygienic
place, other than a bathroom, that are shielded from view, free from
intrusion, contain a chair, a table surface, and an electrical outlet.
This is good policy and should be extended to the public when visiting
Federal facilities for business or other purposes.
That is why I am introducing the Fairness For Breastfeeding Mothers
Act. This legislation would simply extend the use of these facilities
in public buildings to visitors, ensuring all mothers can continue to
care for their children.
I want to thank Senator Merkley for being the Democrat lead as well
as Congresswoman Norton's lead in the House of Representatives. I ask
my Senate colleagues to join us in support of this important
legislation.
S. 1497
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 ``Fairness For Breastfeeding
Mothers Act of 2017''.
SEC. 2. LACTATION ROOMS IN PUBLIC BUILDINGS.
(a) In General.--Chapter 33 of title 40, United States
Code, is amended--
(1) by redesignating sections 3315, 3316, and 3317 as
sections 3316, 3317, and 3318, respectively; and
(2) by inserting after section 3314 the following:
``Sec. 3315. Lactation rooms in public buildings
``(a) Definitions.--In this section:
``(1) Appropriate authority.--The term `appropriate
authority' means--
``(A) the head of a Federal agency;
[[Page S3862]]
``(B) the Architect of the Capitol; and
``(C) another official authority responsible for the
operation of a public building.
``(2) Covered public building.--
``(A) In general.--The term `covered public building' means
a public building that--
``(i) is open to the public; and
``(ii) contains a public restroom.
``(B) Inclusion.--The term `covered public building'
includes a building listed in section 5101 or 6301.
``(3) Lactation room.--The term `lactation room' means a
hygienic place, other than a bathroom, that--
``(A) is shielded from view;
``(B) is free from intrusion; and
``(C) contains--
``(i) a chair;
``(ii) a working surface; and
``(iii) if the public building is supplied with
electricity, an electrical outlet.
``(b) Lactation Rooms Required.--Except as provided in
subsection (c), the appropriate authority of a covered public
building shall ensure that the building contains a lactation
room that is made available for use by members of the public
to express breast milk.
``(c) Exceptions.--A covered public building may be
excluded from the requirement in subsection (b) at the
discretion of the appropriate authority if--
``(1) the public building--
``(A) does not contain a lactation room for employees who
work in the building; and
``(B) does not have a room that could be repurposed as a
lactation room or a space that could be made private using
portable materials, at a reasonable cost; or
``(2) new construction would be required to create a
lactation room in the public building and the cost of the
construction is not feasible.
``(d) No Unauthorized Entry.--Nothing in this section
authorizes an individual to enter a public building or
portion of a public building that the individual is not
otherwise authorized to enter.''.
(b) Technical Amendment.--The table of sections for chapter
33 of title 40, United States Code, is amended by striking
the items relating to sections 3315 through 3317 and
inserting the following:
``3315. Lactation rooms in public buildings.
``3316. Delegation.
``3317. Report to Congress.
``3318. Certain authority not affected.''.
(c) Effective Date.--The amendments made by this section
shall take effect 1 year after the date of enactment of this
Act.
______
By Ms. COLLINS (for herself, Mrs. Feinstein, Ms. Baldwin, Ms.
Cortez Masto, Mrs. Gillibrand, Ms. Hassan, Ms. Heitkamp, Mrs.
Murray, Mrs. Shaheen, Ms. Warren, Mr. Booker, and Ms.
Cantwell):
S. 1498. A bill to establish in the Smithsonian Institution a
comprehensive American women's history museum, and for other purposes;
to the Committee on Rules and Administration.
Ms. COLLINS. Mr. President, I am pleased to introduce, along with the
senior Senator from California, Senator Feinstein, the Smithsonian
American Women's History Museum Act. This bill would establish an
American women's history museum in our Nation's capital.
=========================== NOTE ===========================
On page S3862, June 29, 2017, in the first column, the following
appears: S. 1498. A bill to establish in the Smithsonian
Institution a comprehensive American women's history museum, and
for other purposes; to the Committee on Rules and Administration.
Mr. President, I am pleased to introduce, along with the senior
Senator from California, . . .
The online Record has been corrected to read: S. 1498. A bill to
establish in the Smithsonian Institution a comprehensive American
women's history museum, and for other purposes; to the Committee
on Rules and Administration. Ms. COLLINS. Mr. President, I am
pleased to introduce, along with the senior Senator from
California, . . .
========================= END NOTE =========================
American women have made invaluable contributions to our Country in
diverse fields such as government, business, medicine, law, literature,
sports, entertainment, the arts, and the military. Telling the history
of American women matters, and a museum recognizing these achievements
and experiences is long overdue.
In 1999, a Presidential commission on commemorating women in American
history concluded that an ``appropriate celebration of women's history
in the next millennium should include the designation of a focal point
for women's history in our Nation's capital.'' In 2014, Congress took
an important step toward realizing this goal when it passed legislation
creating an independent, bipartisan Commission to study the potential
for establishing such a museum in Washington, DC. Following 18 months
of study, the bipartisan Commission unanimously concluded, ``America
needs and deserves a physical national museum dedicated to showcasing
the historical experiences and impact of women in the country.'' Mr.
President, I could not agree more.
The bill we are introducing today is the next step toward creating
this national museum. Incorporating the recommendations of the
bipartisan Commission, the bill would establish a national museum to
collect, study, and create programs incorporating and exhibiting a wide
spectrum of American women's experiences, contributions, and history.
Although the Smithsonian Institution would be the governing body, the
bill requires that the construction of the museum be financed entirely
with private funds.
Mr. President, nearly 100 years ago, American women won the right to
vote after a decades-long fight for suffrage. The story, leaders, and
lessons of women's suffrage are among the most powerful in our Nation's
history. As the centennial celebration of that historic moment nears, I
can think of few better ways to honor those women and that momentous
achievement than by passing this legislation. A museum dedicated to
women's history would help ensure that future generations understand
what we owe to those American women who have helped build, sustain, and
advance our society. I urge my colleagues to support this legislation.
______
By Mr. REED (for himself, Mr. Kennedy, and Mr. Menendez):
S. 1507. A bill to amend the National Flood Insurance Act of 1968 to
allow the Administrator of the Federal Emergency Management Agency to
provide capitalization grants to States to establish revolving funds to
provide funding assistance to reduce flood risks, and for other
purposes; to the Committee on Banking, Housing, and Urban Affairs.
Mr. REED. Mr. President, today I am introducing the State Flood
Mitigation Revolving Fund Act of 2017 along with Senators Kennedy and
Menendez.
The purpose of this bill is to reduce flood risk and the costs
associated with flooding by establishing a State revolving loan program
to fund mitigation projects for homeowners, businesses, and
communities. This includes activities such as home elevations, flood
proofing, acquisitions, and environmental restoration. By funding
projects that reduce risk, the bill also provides an avenue to help
middle-income and low-income property owners reduce their flood
insurance premiums.
Mr. President, flooding is the most common and costly hazard facing
American property owners. Every year, we are reminded of this when we
see catastrophic flooding in communities across the country. Since
2010, my home State of Rhode Island has experienced two Presidentially-
declared flooding disasters, which have cost the Federal government
over $86 million in payments from the National Flood Insurance Program.
Nationally, disasters like these have caused FEMA to pay out an average
of nearly $3 billion a year in flood insurance claims over the last
five years--not to mention the billions in disaster payments for
uninsured damage.
Almost universally, experts remind us that the best way to reduce the
cost of flooding is to engage in proactive, not reactive, flood
mitigation. This is what the State Flood Mitigation Revolving Fund Act
seeks to do.
Modeled on the successful Clean Water and Drinking Water State
Revolving Funds, this bill creates a straightforward and easily
accessible program through which States can offer low-interest loans to
homeowners, businesses, and communities who want to mitigate their
flood risk. By creating a revolving fund, the bill will allow States to
design and more efficiently implement their own flood mitigation
strategies provided that they help achieve Federal objectives such as
reducing disaster payments.
Within this construct, the bill gives States the flexibility to
undertake flood mitigation projects without the red tape associated
with other Federal disaster mitigation programs. The bill requires
state to provide a match of 20 percent, but they would have an
incentive to further leverage Federal dollars, as many already do under
the drinking water and clean water SRFs.
Additionally, the bill ensures mitigation assistance is focused on
where the flood risk is greatest and where people are most vulnerable.
The bill requires States to prioritize mitigation assistance for low-
income homeowners and geographic areas, pre-FIRM buildings, and severe
repetitive loss and repetitive loss buildings. Finally, it gives States
the option of providing additional subsidization for low-income
property-owners and-communities that simply do not have the wherewithal
to assume additional debt.
Mr. President, as we talk about appropriate investments in
infrastructure, mitigation is one place where we should be putting our
money. FEMA reports that every $1 we spend on mitigation generates $4
in future savings. Not only will this legislation lead to a healthy
return on investment, it will
[[Page S3863]]
also create jobs through the work it funds
I invite my colleagues to join me, Senator Kennedy, and Senator
Menendez in supporting this legislation.
____________________