[Congressional Record Volume 165, Number 21 (Monday, February 4, 2019)]
[Senate]
[Pages S833-S835]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN:
  S. 316. A bill to establish the Sacramento-San Joaquin Delta National 
Heritage Area; to the Committee on Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, I rise to reintroduce legislation to 
establish the Sacramento-San Joaquin Delta National Heritage Area, 
California's first National Heritage Area.
  I am very pleased to work with Senator Harris, Congressman John 
Garamendi, and local stakeholders in California on this important 
legislation.
  This legislation will establish California's first National Heritage 
Area in the Sacramento-San Joaquin Delta to promote environmental 
stewardship, heritage conservation, and economic development in 
communities across five Delta-area counties.
  The Sacramento-San Joaquin Delta is the largest estuary in the 
western United States and one of the most productive and ecologically 
important watersheds in North America. This extensive inland delta is a 
national treasure that must be protected.
  The Delta offers recreational opportunities enjoyed by millions of 
Californians and out-of-state visitors alike, who come each year for 
boating, fishing, hunting, and sightseeing.
  It also provides critical habitat for more than 750 wildlife species, 
including Sandhill cranes and other migratory birds along the Pacific 
Flyway as well as iconic native fish like the Chinook salmon, some as 
large as 60 pounds, which return each year to travel through the Delta 
to spawn in tributaries upstream.
  These same waterways also provide freshwater to millions of 
California households and irrigated farmland south of the Delta and 
elsewhere in the state.
  Before being converted for farmland starting in the 19th century, the 
Delta flooded regularly following the springtime snowmelt and once 
supported the continent's largest Native Americans communities.
  Later, the Delta served as the gateway for the California Gold Rush, 
after which Chinese immigrant workers built hundreds of miles of levees 
to make the Delta's rich peat soils available for farming and to 
control flooding.
  Japanese, Chinese, Italian, German, Portuguese, Dutch, Greek, South 
Asian, and other immigrants began the area's farming legacy and 
established proud communities that continue today.
  Over the years, the vibrant ``river culture'' unique to Delta 
communities has attracted the attention of celebrated authors from Mark 
Twain and Jack London to Joan Didion.
  A National Heritage Area designation would help to preserve this 
uniquely American story by providing the opportunity for modest federal 
funding to help local entities, principally the Delta Protection 
Commission, manage the Heritage Area in accordance with California law 
and in partnership with Delta communities.
  The management planning process required by this legislation will be 
collaborative and open to the public. Federal, State, tribal, and local 
governments, private property owners, and all stakeholders will have a 
voice in the management planning for the Heritage Area.
  I'd like to emphasize that this legislation does not affect water 
rights or water contracts, nor does it impose any additional 
responsibilities on local governments or private landowners.
  Instead, this legislation authorizes Federal assistance to support 
local projects as part of an inclusive process required by State law.
  Today, the Delta faces a crisis due to invasive species, urban and 
agricultural run-off, wastewater overloads, channelization, dredging, 
water exports, and other stressors.
  Many Delta islands are now 10 to 20 feet below sea level due to 
subsidence, and the present levee system is inadequate for providing 
reliable flood protection for historic communities, agricultural 
enterprises, and infrastructure.
  Alarmingly, many existing levees were simply not engineered to 
withstand earthquakes. Should levees fail, a rush of saltwater into the 
interior Delta would damage this already fragile ecosystem, disrupt 
drinking water supplies, flood agricultural land, inundate towns, and 
damage roads, powerlines, and water infrastructure.
  Our legislation recognizes the Delta as a working landscape central 
to California life and seeks to further local projects already underway 
that promote environmental stewardship, heritage conservation, 
community revitalization, and economic development throughout the 
Delta.
  This legislation also seeks to fulfill the broadly supported 2009 
California state law that called for a Heritage Area designation for 
the Delta.
  Our legislation is a small part of the commitment the Federal 
government must make to the California Delta.
  I look forward to continuing to work with my colleagues at every 
level of government to restore the Delta and its native species, 
upgrade California's water supply, safeguard against flood risk, 
improve water quality, and preserve Delta communities' rich heritage 
and continued vibrancy.
  Thank you, Mr. President, I yield the floor.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Blumenthal, Mr. Markey, Ms. 
        Warren, Mr. Casey, Ms. Duckworth, and Mrs. Gillibrand):
  S. 320. A bill to amend title 18, United States Code, to require 
federally licensed firearms importers, manufacturers, and dealers to 
meet certain requirements with respect to securing their firearms 
inventory, business records, and business premises; to the Committee on 
the Judiciary.
  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. 320

       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 ``Safety Enhancements for 
     Communities Using Reasonable and Effective Firearm Storage 
     Act'' or the ``SECURE Firearm Storage Act''.

     SEC. 2. SECURITY REQUIREMENTS FOR FEDERALLY LICENSED FIREARMS 
                   IMPORTERS, MANUFACTURERS, AND DEALERS.

       (a) In General.--Section 923 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(m) Security Requirements.--
       ``(1) Relation to provision governing gun shows.--This 
     subsection shall apply to a licensed importer, licensed 
     manufacturer, or licensed dealer except as provided in 
     subsection (j).
       ``(2) Firearm storage.--
       ``(A) In general.--A person who is a licensed importer, 
     licensed manufacturer, or licensed dealer shall keep and 
     store each firearm in the business inventory of the licensee 
     at the premises covered by the license.

[[Page S834]]

       ``(B) Means of storage.--When the premises covered by the 
     license are not open for business, the licensee shall, with 
     respect to each firearm in the business inventory of the 
     licensee--
       ``(i) secure the firearm with a hardened steel rod \1/4\ 
     inch thick through the space between the trigger guard, and 
     the frame or receiver, of the firearm, with--

       ``(I) the steel rod secured by a hardened steel lock that 
     has a shackle;
       ``(II) the lock and shackle protected or shielded from the 
     use of a bolt cutter; and
       ``(III) the rod anchored to prevent the removal of the 
     firearm from the premises; or

       ``(ii) store the firearm in--

       ``(I) a locked fireproof safe;
       ``(II) a locked gun cabinet (and if the locked gun cabinet 
     is not steel, each firearm within the cabinet shall be 
     secured with a hardened steel rod \1/4\ inch thick, protected 
     or shielded from the use of a bolt cutter and anchored to 
     prevent the removal of the firearm from the premises); or
       ``(III) a locked vault.

       ``(3) Paper record storage.--When the premises covered by 
     the license are not open for business, the licensee shall 
     store each paper record of the business inventory and firearm 
     transactions of, and other dispositions of firearms by, the 
     licensee at the premises in a secure location such as a 
     locked fireproof safe or locked vault.
       ``(4) Additional security requirements.--The Attorney 
     General may, by regulation, prescribe such additional 
     security requirements as the Attorney General determines 
     appropriate with respect to the firearms business conducted 
     by a licensed importer, licensed manufacturer, or licensed 
     dealer, such as requirements relating to the use of--
       ``(A) alarm and security camera systems;
       ``(B) site hardening;
       ``(C) measures to secure any electronic record of the 
     business inventory and firearm transactions of, and other 
     dispositions of firearms by, the licensee; and
       ``(D) other measures necessary to reduce the risk of theft 
     at the business premises of a licensee.''.
       (b) Penalties.--Section 924 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(q) Penalties for Noncompliance With Firearms Licensee 
     Security Requirements.--
       ``(1) In general.--
       ``(A) Penalty.--With respect to a violation by a licensee 
     of section 923(m) or a regulation issued under that section, 
     the Attorney General, after notice and opportunity for 
     hearing--
       ``(i) in the case of the first violation or related series 
     of violations on the same date, shall subject the licensee to 
     a civil penalty in an amount equal to not less than $1,000 
     and not more than $10,000;
       ``(ii) in the case of the second violation or related 
     series of violations on the same date--

       ``(I) shall suspend the license issued to the licensee 
     under this chapter until the licensee cures the violation; 
     and
       ``(II) may subject the licensee to a civil penalty in an 
     amount provided in clause (i); or

       ``(iii) in the case of the third violation or related 
     series of violations on the same date--

       ``(I) shall revoke the license issued to the licensee under 
     this chapter; and
       ``(II) may subject the licensee to a civil penalty in an 
     amount provided in clause (i).

       ``(B) Review.--An action of the Attorney General under this 
     paragraph may be reviewed only as provided under section 
     923(f).
       ``(2) Administrative remedies.--The imposition of a civil 
     penalty or suspension or revocation of a license under 
     paragraph (1) shall not preclude any administrative remedy 
     that is otherwise available to the Attorney General.''.
       (c) Application Requirement.--Section 923 of title 18, 
     United States Code, is amended--
       (1) in subsection (a), in the second sentence, by striking 
     ``be in such form and contain only that'' and inserting 
     ``describe how the applicant plans to comply with subsection 
     (m) and shall be in such form and contain only such other''; 
     and
       (2) in subsection (d)(1)--
       (A) in subparagraph (F), by striking ``and'' at the end;
       (B) in subparagraph (G), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(H) the Attorney General determines that the description 
     in the application of how the applicant plans to comply with 
     subsection (m) would, if implemented, so comply.''.
       (d) Effective Dates.--
       (1) Initial firearm storage requirements.--Section 
     923(m)(2) of title 18, United States Code, as added by 
     subsection (a), shall take effect on the date that is 1 year 
     after the date of enactment of this Act.
       (2) Initial paper records storage requirements.--Section 
     923(m)(3) of title 18, United States Code, as added by 
     subsection (a), shall take effect on the date that is 90 days 
     after the date of enactment of this Act.
                                 ______
                                 
      By Ms. COLLINS (for herself and Ms. Hassan):
  S. 321. A bill to amend the Internal Revenue Code of 1986 to modify 
safe harbor requirements applicable to automatic contribution 
arrangements, and for other purposes; to the Committee on Finance.
  Ms. COLLINS. Mr. President, as chairman of the Senate Aging 
Committee, ensuring that more Americans are secure financially in their 
retirement years is one of my highest priorities.
  Later this week, our Aging Committee will hold a hearing on this very 
topic, following up on previous work we have done in the last Congress.
  Today, I rise to introduce two bipartisan bills that would help to 
promote greater retirement security. Together, these bills would 
encourage more small employers to offer retirement plans, provide 
incentives for employees to save more for their retirement, and make it 
easier for low- and middle-income taxpayers to claim an existing tax 
break for their retirement savings.
  According to the nonpartisan Center for Retirement Research, there is 
an estimated $7.7 trillion gap between the savings that American 
households need to maintain their standard of living in retirement and 
what they actually have saved. Think of that. We are not talking about 
billions here; we are talking about a $7.7 trillion gap.
  A recent Gallup poll found that only 54 percent of working Americans 
believe they will have enough money to live comfortably in their 
retirement years. We must, therefore, continue to work to ensure that 
more Americans will have sufficient resources that they need to enjoy 
what are supposed to be their golden years.
  There are many reasons why Americans have struggled to have 
sufficient funds for their retirement. One is the shift away from 
employer-based defined benefit plans, known as pensions, to defined 
contribution plans in which the risk is placed more on the employee. 
Another is the severity of the 2008 financial crisis. Yet another is 
rising healthcare costs, including the need for expensive long-term 
care. But the No. 1 factor is that Americans are living far longer than 
they did in the past. Many Americans are also reaching retirement age 
with more debt than retirees in past generations. Many Americans are 
worried that they will outlive their retirement savings.
  There is another contributing factor, and that is that employees of 
small businesses, which are the majority of businesses in this country, 
are much less likely to participate or even have access to employer-
based retirement plans. According to a study by the Pew Charitable 
Trusts, more than 30 million U.S. workers lack access to a work-based 
plan to save for retirement, so making it easier for small businesses 
to offer retirement plans would make a significant difference in the 
financial security for many Americans. That is why the first of the two 
retirement security bills that I am introducing today--the Retirement 
Security Act--would focus on reducing the cost and complexity of 
retirement plans, especially for our small businesses, and on 
encouraging individual employees to save more for their retirement.
  I am delighted that my friend and colleague from New Hampshire, 
Senator Hassan, has agreed to be the lead Democratic cosponsor on this 
bill. My colleague from New Hampshire has great compassion for those 
who are struggling to make ends meet. She and I both represent States 
with an aging population, and we know how difficult it is for many 
older Americans when they are struggling with high healthcare costs, 
heating their homes, affording their medications, and trying to get by 
in their retirement years.
  Our bill would make it easier for businesses to enter into multiple 
employer plans, known as MEPs, in order to offer retirement programs to 
their employees.
  MEPs permit small companies to share the administrative costs and 
burden of a retirement plan, and that helps to lower the costs overall. 
Current law discourages the use of MEPs, however, because it requires a 
connection, or a nexus, between unrelated businesses in order to join 
together as a MEP, such as membership in the same trade association. 
Our bill would waive that nexus requirement for businesses and would 
prevent employers from losing their tax benefits if one member of the 
MEP fails to meet the minimum requirements necessary to obtain these 
tax incentives.
  In addition, the bill would reduce the cost of maintaining a plan by 
directing the Department of Treasury to consolidate notices and other 
required documentation--in other words, to reduce all of the onerous 
paperwork.

[[Page S835]]

  The Retirement Security Act would also modify the existing safe 
harbor for automatic enrollment plans to allow employees to receive an 
employer match of contributions of up to 10 percent of their pay. 
Employees would be able to contribute more than 10 percent of their 
wages or salary, albeit without an employer match for contributions 
above 10 percent. This is an example of a provision that would 
encourage employees to save more for their retirement by giving them 
this tax incentive.
  I realize that businesses that choose to adopt this plan with the new 
optional safe harbor may face additional costs due to the increased 
employer match, and that is why our bill would also help the smallest 
businesses--those with fewer than 100 employees--to offset this cost by 
providing a new tax credit equal to the increased match.
  What we want to do in our bill is to provide incentives for employees 
to establish these plans by waiving the requirement that they have to 
be in a related industry, and we would also encourage both employees 
and employers to increase, if they can, the amount of money they are 
donating to these retirement plans.
  The new retirement plan options for businesses that are included in 
our bill are just that--they are options; they are opportunities. No 
business, large or small, would be required to offer its employees a 
retirement plan under our bill. This is an opportunity, not a mandate, 
but it is an opportunity that I would hope that more and more small 
businesses would consider because I know they share the concern about 
the financial security of their employees once they reach their 
retirement years.
  I am very pleased to see my colleague from New Hampshire on the 
Senate floor. I hope the Senate will listen carefully to her words as 
well.
  The PRESIDING OFFICER. The Senator from New Hampshire.
  Ms. HASSAN. Mr. President, I rise to join my colleague from Maine in 
discussing the Retirement Security Act.
  I first just want to start by thanking Senator Collins for her work 
on this bipartisan bill, the other bill she discussed, and for her 
leadership as chairman of the Aging Committee, to help ensure that 
older Americans can thrive. That includes, of course, making it easier 
to save for retirement.
  By the time they reach retirement, every hard-working American should 
have the peace of mind of knowing they can live comfortably and without 
having to worry about how to make ends meet. While Social Security is a 
critical safety net--one we have to protect for all--it was only 
designed, as Senator Collins pointed out, as part of the retirement 
equation.
  It is clear we are on the verge of a retirement crisis, as more and 
more Americans are retiring without the economic security they need. 
According to the Board of Governors of the Federal Reserve System, 
approximately 25 percent of working Americans have reported having no 
retirement savings or pension. AARP estimates that 55 million 
Americans--including roughly 230,000 Granite Staters--do not have 
access to a retirement plan at their workplace, and participation in 
retirement plans has dropped over the past several years.
  We know there is a significant gap between what people need in order 
to maintain their standard of living after retirement and what they 
actually have. It is essential we do more to help workers close that 
gap. That is why I am pleased to join with Senator Collins today in 
introducing the bipartisan Retirement Security Act.
  This commonsense legislation makes it easier for small businesses to 
provide retirement plans for their employees, something I hear from 
small business people all the time, something they want to do, but 
there are technical and financial challenges to doing it. This bill 
would encourage people in the workforce as well to save more for 
retirement, and it would help reduce the costs and complexities of 
maintaining a retirement plan.
  We have more work to do to help people in New Hampshire, in Maine, 
and all across our country plan and save for retirement, and the 
Retirement Savings Act is a strong step forward. I again thank Senator 
Collins for her leadership on this issue, and I look forward to 
continuing to work with her to pass the bipartisan legislation, as well 
as other shared priorities for retirees, small businesses, and more.
  Additionally, as a new member of the Finance Committee, I look 
forward to working with my colleagues to tackle this and other critical 
issues.
                                 ______
                                 
      By Ms. COLLINS (for herself and Mr. Warner):
  S. 322. A bill to amend the Internal Revenue Code of 1986 to promote 
retirement savings on behalf of small business employees by making 
improvements to SIMPLE retirement accounts and easing the transition 
from a SIMPLE plan to a 401(k) plan, and for other purposes; to the 
Committee on Finance.
  Ms. COLLINS. Mr. President, building on this comprehensive effort to 
strengthen retirement security, I am also introducing a second bill 
today with my friend and colleague from Virginia, Senator Mark Warner.
  It would provide greater flexibility and access to both employees and 
their employers seeking to use the popular SIMPLE plans for saving for 
retirement.
  Established in 1996, SIMPLE plans can help small businesses provide 
their employees with a retirement plan that is less costly and easier 
to navigate than the 401(k) plan, which many small employers simply 
cannot afford.
  Our bill, the SIMPLE Plan Modernization Act, would help expand access 
to SIMPLE plans by increasing the contribution limit for most small 
companies. This would achieve two important goals. First, it would 
encourage more small employers to offer a retirement savings benefit to 
their employees. Second, it would allow employees of small businesses 
to save even more for retirement each year on a tax-deferred basis.
  This legislation is also a win-win proposition for retirement 
security. It encourages small business employers and their employees to 
take additional steps to save for retirement. For many small employers, 
this legislation would provide enhanced saving opportunities. At the 
same time, it is carefully constructed to prevent employers that 
already have a 401(k) plan from dropping that plan to adopt a SIMPLE 
plan. In other words, we want to broaden the number of employers who 
are able to offer retirement plans to their employees. It also 
preserves strong incentives for small businesses that become more 
successful to move from a SIMPLE plan to a 401(k) plan as they become 
bigger, more profitable, and more secure.
  In light of the positive effects these bills would have in 
strengthening retirement security for millions of Americans, I urge my 
colleagues to join in supporting the Retirement Security Act of 2019 
and the SIMPLE Plan Modernization Act.
  This is a crisis that is looming on the horizon. It used to be that 
we could count on the three pillars that made up the retirement system, 
Social Security, a pension from an employer, and also personal savings. 
All three of those pillars are shaky right now. The two bills I have 
introduced today attempt to strengthen two out of three of the legs of 
this three-legged stool. We need to do that to ensure that Americans 
can enjoy a financially secure retirement and not end up retiring in 
poverty.

                          ____________________