[Congressional Record (Bound Edition), Volume 163 (2017), Part 7]
[Senate]
[Pages 10124-10126]
[From the U.S. 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 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

[[Page 10125]]

     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;
       ``(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,

[[Page 10126]]

        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.
  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 also create jobs through the work it 
funds
  I invite my colleagues to join me, Senator Kennedy, and Senator 
Menendez in supporting this legislation.

                          ____________________