U.S. GOVERNMENT PUBLISHING OFFICE

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BUSINESS MEETING 

MEETING 

BEFORE THE

COMMITTEE ON 

ENVIRONMENT AND PUBLIC WORKS 

UNITED STATES SENATE 

ONE HUNDRED SIXTEENTH CONGRESS 

FIRST SESSION 

FEBRUARY 5, 2019 

Printed for the use of the Committee on Environment and Public Works 

( 

Available via the World Wide Web: http://www.govinfo.gov 

(II) 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS 

ONE HUNDRED SIXTEENTH CONGRESS 

FIRST SESSION 

JOHN BARRASSO, Wyoming, Chairman 

JAMES M. INHOFE, Oklahoma 

SHELLEY MOORE CAPITO, West Virginia 

KEVIN CRAMER, North Dakota 

MIKE BRAUN, Indiana 

MIKE ROUNDS, South Dakota 

DAN SULLIVAN, Alaska 

JOHN BOOZMAN, Arkansas 

ROGER WICKER, Mississippi 

RICHARD SHELBY, Alabama 

JONI ERNST, Iowa 

THOMAS R. CARPER, Delaware, 

Ranking Member 

BENJAMIN L. CARDIN, Maryland 

BERNARD SANDERS, Vermont 

SHELDON WHITEHOUSE, Rhode Island 

JEFF MERKLEY, Oregon 

KIRSTEN GILLIBRAND, New York 

CORY A. BOOKER, New Jersey 

EDWARD J. MARKEY, Massachusetts 

TAMMY DUCKWORTH, Illinois 

CHRIS VAN HOLLEN, Maryland 

RICHARD M. RUSSELL, Majority Staff Director 

MARY FRANCES REPKO, Minority Staff Director 

(III) 

C O N T E N T S 

Page 

FEBRUARY 5, 2019 

OPENING STATEMENTS 

Barrasso, Hon. John, U.S. Senator from the State of Wyoming .......................... 1 

Carper, Hon. Thomas R., U.S. Senator from the State of Delaware ................... 3 

Cardin, Hon. Benjamin L., U.S. Senator from the State of Maryland ................ 5 

Capito, Hon. Shelley Moore, U.S. Senator from the State of West Virginia ...... 11 

Booker, Hon. Cory A., U.S. Senator from the State of New Jersey ..................... 12 

Sullivan, Hon. Dan, U.S. Senator from the State of Alaska ................................ 12 

Markey, Hon. Edward J., U.S. Senator from the State of Massachusetts .......... 15 

LEGISLATION AND RELATED MATERIALS 

Text of S. 268, To reauthorize the Partners for Fish and Wildlife Program 

and certain wildlife conservation funds, to establish prize competitions relating to the prevention of wildlife poaching and trafficking, wildlife conservation, the management of invasive species, and the protection of endangered species, to amend the Marine Turtle Conservation Act of 2004 to 

modify the protections provided by that Act, and for other purposes ............. 18 

Text of S. 163, To prevent catastrophic failure or shutdown of remote diesel 

power engines due to emission control devices, and for other purposes ......... 82 

Text of S. 94, To amend the Pittman-Robertson Wildlife Restoration Act 

to facilitate the establishment of additional or expanded public target 

ranges in certain States ....................................................................................... 84 

Text of S. 310, To amend the Neotropical Migratory Bird Conservation Act 

to reauthorize the Act .......................................................................................... 91 

Nomination Reference and Report Receipts: 

Presidential Nomination 2. Nicole R. Nason, of New York, to be Administrator of the Federal Highway Administration, vice Gregory Guy 

Nadeau ........................................................................................................... 93 

Presidential Nomination 22. Andrew Wheeler, of Virginia, to be Administrator of the Environmental Protection Agency, vice Scott Pruitt ............ 94 

Presidential Nomination 78. John Fleming, of Louisiana, to be Assistant 

Secretary of Commerce for Economic Development, vice Roy K. J. Williams ............................................................................................................... 95 

Presidential Nomination 79. John L. Ryder, of Tennessee, to be a Member 

of the Board of Directors of the Tennessee Valley Authority for a 

term expiring May 18, 2021, vice Michael McWherter, term expired ...... 95 

Presidential Nomination 80. Peter C. Wright, of Michigan, to be Assistant 

Administrator, Office of Solid Waste, Environmental Protection Agency, 

vice Mathy Stanislaus .................................................................................. 95 

Text of S. Res. 41, Authorizing expenditures by the Committee on Environment and Public Works ....................................................................................... 96 

Committee Resolutions: 

Lease, U.S. Department of Veterans Affairs, San Diego, CA. PCA-01- 

VA19 ............................................................................................................... 101 

Lease, Department of Homeland Security, Secret Service, Brooklyn, NY. 

PNY-04-BR18 ................................................................................................ 103 

New U.S. Courthouse, Huntsville, AL. PAL-CTC-HU18 ............................... 105 

New U.S. Courthouse, Fort Lauderdale, FL. PFL-CTC-FL18 ...................... 106 

Lease, Securities and Exchange Commission, New York, NY. PNY-05- 

NY19 .............................................................................................................. 107 

Page

IV 

—Continued 

(Amended.) Construction, U.S. Land Port of Entry, Calexico, CA. PCABSC-CA19 ...................................................................................................... 109 

Rules of Procedure of the Committee on Environment and Public Works. 

Adopted February 5, 2019 ................................................................................... 110 

(1) 

BUSINESS MEETING 

TUESDAY, FEBRUARY 5, 2019 

U.S. SENATE, COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, Washington, DC. 

The Committee met, pursuant to notice, at 10:05 a.m. in room 

406, Dirksen Senate Office Building, Hon. John Barrasso (Chairman of the Committee) presiding. 

Present: Senators Barrasso, Carper, Inhofe, Capito, Boozman, 

Wicker, Rounds, Ernst, Sullivan, Shelby, Braun, Cramer, Cardin, 

Merkley, Gillibrand, Booker, Markey, and Van Hollen. 

OPENING STATEMENT OF HON. JOHN BARRASSO, 

U.S. SENATOR FROM THE STATE OF WYOMING 

Senator BARRASSO. Good morning. I call this business meeting to 

order. 

Today we are going to consider five nominees, four bills, six General Services Administration resolutions, as well as the Committee 

funding resolution, and the Committee rules. 

Senator Carper and I have agreed that we will begin voting 

promptly at 10:20, and at that time I will call up the items on the 

agenda. We will not debate the items on the agenda while we are 

voting; instead, we will debate the items on the agenda before we 

begin voting at 10:20. I also will be happy to recognize any member 

who still wishes to speak after the voting concludes. 

Before we move to the items on the agenda, I would like to highlight this Committee’s impressive history of working together on a 

bipartisan basis to pass important legislation for the American people. 

Last Congress, working closely with Ranking Member Carper 

and all the Committee members, we wrote and passed major water 

infrastructure legislation into law, the American Waters Infrastructure Act. It included 29 separate introduced bills. We also passed, 

and the President signed into law, the Nuclear Energy Innovation 

and Modernization Act. This bipartisan bill will make sure America 

remains a leader of nuclear energy innovation. 

Last Congress our Committee also passed the Utilizing Significant Emissions with Innovative Technologies Act, known as the 

USE IT Act, to support carbon utilization and direct air capture research. Look forward to continuing to work together to advance 

this legislation to reduce emissions. 

This Congress our Committee will build on that momentum. We 

will together to write and pass a bipartisan highway bill that upVerDate Aug 31 2005 10:27 May 21, 2019 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\_EPW\DOCS\36312.TXT SONYA
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grades America’s roads and bridges in a fiscally responsible way 

and will help rural and urban areas alike. 

Our Committee will also continue to focus on wildlife management and conservation efforts. Ranking Member Carper and I, 

along with Senators Inhofe, Whitehouse, Boozman, and Booker, reintroduced the WILD Act from last Congress, which we will consider this morning. I agree with Ranking Member Carper when he 

stated that the WILD Act, he said, would help make the United 

States a global leader on wildlife conservation. 

The Committee will also continue to process nominations. We restart that process today by considering the nominations of Andrew 

Wheeler to be the Administrator of the Environmental Protection 

Agency, Nicole Nason to be Administrator of the Federal Highway 

Administration, Peter Wright to be Assistant Administrator of the 

Environmental Protection Agency’s Office of Land and Emergency 

Management, John Fleming to be Assistant Secretary of Commerce 

for Economic Development, and John Ryder to be a Member of the 

Board of Directors of the Tennessee Valley Authority. 

Each of these nominees is well qualified and will bring a wealth 

of experience and expertise to these important positions. 

I would like to say a few words about Andrew Wheeler. 

Mr. Wheeler has served as Deputy Administrator of the Environmental Protection Agency since April 2018, when the Senate confirmed his nomination with bipartisan support. Just last week, 63 

agriculture and forestry groups wrote in support of Mr. Wheeler’s 

nomination to be the Administrator. They said, ‘‘It is hard to imagine a more qualified individual for the role of EPA Administrator, 

and we respectfully request that the Committee move to confirm 

his nomination so that he may be considered by the full Senate at 

the earliest possible date.’’ 

Mr. Wheeler has done an outstanding job leading the Environmental Protection Agency these past 6 months. I urge my colleagues to vote in support of his nomination to be the Administrator. 

This morning we will also consider legislation that enjoyed bipartisan support in the 115th Congress. We already mentioned the 

WILD Act. In addition, we will vote on Senator Sullivan’s Alaska 

Remote Generator Reliability and Protection Act, Senator Capito’s 

Target Practice and Marksmanship Training Support Act, and Senator Cardin’s Migratory Birds of the Americas Conservation Act. 

Each of these bills passed our Committee by voice vote in the last 

Congress, and I urge all my colleagues to support passage of these 

bills again today. 

Last, we will consider six resolutions to approve prospectuses 

providing for General Services Administration leases, our Committee budget resolution, and our Committee rules. 

After Ranking Member Carper gives his opening statement, 

other members may make remarks. At 10:20 we will proceed to 

vote on the items on the agenda, provided we have a reporting 

quorum. After we finish voting I will be happy to recognize any 

other member who wishes to speak. 

I now turn to Ranking Member Carper for his statement. 

3 

OPENING STATEMENT OF HON. THOMAS R. CARPER, 

U.S. SENATOR FROM THE STATE OF DELAWARE 

Senator CARPER. Thanks, Mr. Chairman. 

In addition to setting our Committee budget and rules today, we 

will vote today, as the Chairman has said, on four pieces of bipartisan legislation, five nominees, and six General Service Administration resolutions. 

As our Chairman knows and my colleagues know, I enjoy serving 

with you on this Committee. I especially enjoy serving with you on 

this Committee when we can find consensus on issues that clean 

the air, clean the water, improve public health, and provide economic opportunity and job creation. That is the win-win that I am 

always looking for, and I think that is true for everybody on this 

Committee. 

The four pieces of legislation we are considering today have all 

passed out of our Committee on a bipartisan basis last Congress. 

I intend to support them again this year. 

Let me take just a moment, if I can, to begin to highlight the two 

bills that I am especially proud to help lead and are important for 

my State of Delaware, and my guess is for a lot of neighbors and 

others on this Committee. 

Migratory Birds of America Conservation Act, led by Senator 

Cardin, would help protect migratory birds, including red knots, 

which migrate annually through Delaware, attracting birders literally from all over the world. 

The Wildlife Innovation and Longevity Driver Act, also known as 

the WILD Act, also known as Wild Thing, would encourage innovation to protect endangered species, better manage human wildlife 

conflicts, prevent poaching and wildlife trafficking, and combat 

invasive species. 

Three nominees we are considering today were also reported out 

of this Committee last Congress. Two of those are John Ryder, 

nominee to be a Member of the Board of Directors of the Tennessee 

Valley Authority; and John Fleming, nominated to be the Assistant 

Secretary of Commerce for Economic Development. 

The third is Peter Wright, who has once again been nominated 

to serve as EPA Assistant Administrator, leading the Office of 

Land and Emergency Management. I appreciate our Chairman’s 

agreement to ensure that, if Mr. Wright is confirmed, he will appear before the Committee in short order to discuss the Agency’s 

efforts to clean up contaminated Superfund sites. 

I also hope that many of the other EPA assistant administrators, 

who this Committee has not seen I think since their confirmation 

hearings, would similarly be invited to testify soon. 

In the last Congress, minority staff and I worked with EPA to 

negotiate a set of significant policy concessions that enable us to 

feel comfortable with a quick confirmation process for Mr. Wright. 

EPA has not yet indicated now whether it remains willing to make 

those same commitments, so, for now, I will refrain from supporting Mr. Wright’s nomination. I hope those commitments are 

forthcoming and soon. Then we can move this nomination expeditiously. 

Today we are also considering the nomination of Nicole Nason to 

be Administrator of the Federal Highway Administration. It has 

4 

been more than 2 years since there has been an administrator at 

the agency. I think that is the longest gap in leadership in more 

than 100 years. It is my hope that Ms. Nason’s nomination is a signal that the Administration is ready to work with us in reauthorizing our Nation’s surface transportation programs, and I hope that 

Ms. Nason will be a real partner with us in that effort. 

I must say I was a bit disappointed that Ms. Nason did not clearly commit to sharing materials that I requested at the same time 

they are provided to FOIA requests or House Committee chairs as 

part of her answers for questions for the record. I will support her 

today, but I expect additional clarification from her on that matter. 

That brings us to the nomination of Andrew Wheeler, who I have 

known for just about 20 years. I know others here have known him 

for a long time, as well. When Andrew Wheeler was named EPA 

Acting Administrator in July of last year, I sent him a letter, I 

think it was like the next day, urging him to heed the lessons of 

the past and restore the confidence of the American people in the 

Agency’s missions to protect our public health and our environment. I also cautioned Mr. Wheeler that the damage done by Scott 

Pruitt would not be easily undone. 

It brings me no joy to say today that he has not done what I 

hoped he would do in a number of important respects; not all respects, but a number of important respects. In fact, in many instances Mr. Wheeler has gone further than his predecessor in his 

rejection of important measures that are supported by a broad list 

of environmentalists and industry—and industry. 

For example, Mr. Wheeler has decided to ignore the course of 

coal fired utilities public, health, and religious leaders who have 

urged the Trump administration to keep the Mercury and Air 

Toxics Standards Rule in place and effective. In fact, under Mr. 

Wheeler’s leadership, EPA has issued an unnecessary proposal that 

undermines the legal foundation of MATS, which puts the entire 

rule in legal jeopardy. The proposal also requests comment on 

whether the standards should be rescinded altogether. 

In this MATS rollback proposal, EPA is woefully ignoring the actual benefits of reducing air toxics that permanently damage children’s brains and cause cancer and ignoring the fact that the compliance costs were a third of what were originally estimated. 

On another front, despite the repeated requests to negotiate a 

reasonable compromise on fuel economy and greenhouse gas tailpipe standards, under Mr. Wheeler’s lead, EPA is moving forward 

to finalize a proposal that all but freezes standards in place for the 

better part of a decade and all but ensures that the auto industry 

spends the next half-dozen years or so embroiled in litigation with 

California and a dozen other States. 

Let me say to my colleagues when I was elected State Treasurer 

of Delaware in 1976, I worked to save a Chrysler plant in Newark, 

Delaware. I worked for 30 years to save that plant. Four thousand 

people worked at that plant. I worked 30 years to save the GM 

plant that we had just outside of Wilmington, Delaware. For years 

I have fought to try to make sure that our auto industry in this 

country is competitive with the rest of the world. 

With respect to fuel efficiency standards and a path forward, 

they are united in saying that they want a 50 State deal. You have 

5 

heard me say this many times. They want a 50 State deal. Andrew 

Wheeler sat here and said he wants a 50 State deal, too, with California at the table. 

The last thing the auto industry needs in this country to be successful and profitable is to spend the next half-dozen years or so 

in court locked up with California and a bunch of other States, 

while the rest of the automakers and the rest of the world move 

forward to producing and building the kind of vehicles that the 

world is going to be buying in the year 2030. 

So, I am very, very frustrated in this regard. This is a win-win 

situation where we can get good things for this planet by actually 

making sure that we don’t somehow screw up the regulation that 

is in place for fuel efficiency standards, CAFE. We can preserve 

what is necessary, give them some flexibility in the near term in 

the early years and then crank it up on the outer years when they 

are going to be building electric powered vehicles and fuel cell powered vehicles to beat the band to compete with the rest of the 

world. 

I will just say, Mr. Chairman, I will wrap it up with this. I want 

us to slow this down just a little bit. Mr. Wheeler has been nominated for this post. His nomination is good for 210 days. We are 

183 days into that nomination, 183 days. Excuse me; we are 27 

days, 27 days into that nomination. There are 183 days to go. For 

God’s sake, slow it down. If we report him out, I think we will report him out today. 

The idea of a rush to judgment to get him up on the floor before 

we have an opportunity to make sure that five of the issues, including the two I have just mentioned here, where we actually do good 

things for the planet, and we also provide for enhanced economic 

opportunity. Give us a chance to make sure that those are going 

to be locked in. That is what my request would be. 

Thank you very much. 

Senator BARRASSO. Senator Cardin. 

OPENING STATEMENT OF HON. BENJAMIN L. CARDIN, 

U.S. SENATOR FROM THE STATE OF MARYLAND 

Senator CARDIN. Mr. Chairman, first, I want to thank you for including in today’s markup the Neotropical Migratory Bird Conservation Act. This is a bill that, as you pointed out, had previously 

been approved by voice vote by this Committee. I want to thank 

Senator Portman, who has been my cosponsor, and many members 

of this Committee that help in regard to neotropical migratory 

birds. 

More than half of all species found in the United States are migratory birds, so it is key to our ecosystem. This bill provides for 

education, research, monitoring, and habit protection for more than 

350 species of migratory birds, including the Baltimore Oriole, 

which I have talked about before, which is endangered in more 

than one respect. The bird itself is endangered, plus the baseball 

team is endangered. So, we can use all the help we can get in this 

regard, and I thank the Committee for its support. 

Senator BARRASSO. We will refer that other part to the Commerce Committee. 

[Laughter.] 

6 

Senator CARDIN. I talked to the Chairman and staff before we 

started this meeting. We do have some GSA resolutions today, and 

I am going to support all the GSA resolutions. Included in there 

are two courthouses, new courthouses, one for Huntsville, Alabama, the total cost of which is $86 million; and one for Fort Lauderdale, Florida, the total cost is $190 million. 

Our Committee is responsible for these GSA resolutions. I know 

the staff is arranging for GSA to come in and explain the processes 

that are used in regard to these resolutions. I particularly request 

that we focus on courthouse selection. I pointed out that, in Maryland, the Baltimore courthouse was scheduled for No. 1 for replacement. It is a terribly designed courthouse. That was about 15 years 

ago, and today it is off the list. I just think it would be useful for 

our Committee to understand the process that is used for selecting 

new courthouses in this country. 

I thank the Chairman for his cooperation, and I look forward to 

that briefing. 

Senator BARRASSO. Thank you, Senator Cardin. That has already 

been arranged, and we are working on the schedule. 

Any other Senators like to be recognized? 

Senator VAN HOLLEN. Mr. Chairman, would this be the appropriate time to say something else about GSA? 

Senator BARRASSO. Please. 

Senator VAN HOLLEN. I appreciate the attention you and the 

Ranking Member and my colleague from Maryland have given to 

the issue of the new FBI building. As you know, we are still waiting for a prospectus from the FBI. Senator Cardin and I and others 

have shared our concerns about the fact that the FBI and the GSA 

had been headed in the direction of a new campus that met all the 

security requirements and consolidation requirements. There were 

three sites; one they were looking at in Virginia, two in Maryland. 

The Administration pulled the rug out from under that. 

I just want to bring to the Committee’s attention the fact that 

the appropriation bills that had been not yet passed, but supported 

on a bipartisan basis in the House and the Senate, request that the 

prospectus also include an analysis of one of those three previous 

sites, so not just a consolidation at the existing site in Washington, 

DC, but also include a prospectus on one of the other sites. 

Senator BARRASSO. Thank you, Senator Van Hollen. 

Senator Inhofe. 

Senator INHOFE. Thank you, Mr. Chairman. 

Let me make the other side of Andrew Wheeler. I would like to 

comment that one of the most gratifying things that I saw was, 

when he was first nominated, and we first acted on him in this 

Committee, we went over to his committee that he is going to be 

the director of and there must have been 300 people there, the people that were there when he first came to work. Here is a guy who 

spent his whole life in environment and public works in the EPA 

and all that activity. We are very proud. I wouldn’t want to hesitate and delay it at all; I think we need to get him on the job and 

working. 

Thank you, Mr. Chairman. 

Senator BARRASSO. Now that enough members have arrived, and 

I promised we would vote promptly at 10:20, but I will stay for adVerDate Aug 31 2005 10:27 May 21, 2019 Jkt 000000 PO 00000 Frm 00010 Fmt 6633 Sfmt 6633 S:\_EPW\DOCS\36312.TXT SONYA
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ditional comments from other members afterwards, I would like to 

move to the votes on the items on today’s agenda. 

The Ranking Member and I have agreed to bring up three nominees for separate votes, and the Ranking Member has requested 

that each of these nominees receive a roll call vote. 

The Ranking Member and I have agreed to vote on two nominees, four bills, six GSA resolutions, the Committee rules, and the 

budget resolution en bloc by voice vote. Members may choose to 

have their votes recorded for a specific item in that bloc after the 

voice vote. 

I would like to first call up Presidential Nomination 22, Andrew 

Wheeler, of Virginia, to be Administrator of the Environmental 

Protection Agency. 

I move to approve and report the nomination favorably to the 

Senate. 

Is there a second? 

Senator INHOFE. Second. 

Senator BARRASSO. The Clerk will call the roll. 

The CLERK. Mr. Booker. 

Senator BOOKER. No. 

The CLERK. Mr. Boozman. 

Senator BOOZMAN. Yes. 

The CLERK. Mr. Braun. 

Senator BRAUN. Yes. 

The CLERK. Mrs. Capito. 

Senator CAPITO. Yes. 

The CLERK. Mr. Cardin. 

Senator CARPER. Proxy votes no. Cardin votes no. 

The CLERK. Mr. Carper. 

Senator CARPER. No. 

The CLERK. Mr. Cramer. 

Senator CRAMER. Yes. 

The CLERK. Ms. Duckworth. 

Senator CARPER. Senator Duckworth votes no by proxy. 

The CLERK. Ms. Ernst. 

Senator ERNST. Aye. 

The CLERK. Mrs. Gillibrand. 

Senator GILLIBRAND. No. 

The CLERK. Mr. Inhofe. 

Senator INHOFE. Aye. 

The CLERK. Mr. Markey. 

Senator MARKEY. No. 

The CLERK. Mr. Merkley. 

Senator MERKLEY. No. 

The CLERK. Mr. Rounds. 

Senator ROUNDS. Aye. 

The CLERK. Mr. Sanders. 

Senator CARPER. No, by proxy. 

The CLERK. Mr. Shelby. 

Senator SHELBY. Aye. 

The CLERK. Mr. Sullivan. 

Senator SULLIVAN. Aye. 

The CLERK. Mr. Van Hollen. 

Senator VAN HOLLEN. No. 

8 

The CLERK. Mr. Whitehouse. 

Senator CARPER. No, by proxy. 

The CLERK. Mr. Wicker. 

Senator WICKER. Aye. 

The CLERK. Mr. Chairman. 

Senator BARRASSO. Aye. 

The Clerk will report. 

The CLERK. Mr. Chairman, the yeas are 11; the nays are 10. 

Senator BARRASSO. We have approved the nomination of Mr. 

Wheeler to be Administrator of the Environmental Protection 

Agency, which will be reported to the full Senate for approval. 

Next, I would like to call up Presidential Nomination 80, Peter 

Wright, of Michigan, to be Assistant Administrator of the Environmental Protection Agency. 

I move to approve and report the nomination favorably to the 

Senate. 

Is there a second? 

Senator INHOFE. Second. 

Senator BARRASSO. The Clerk will call the roll. 

The CLERK. Mr. Booker. 

Senator BOOKER. No. 

The CLERK. Mr. Boozman. 

Senator BOOZMAN. Yes. 

The CLERK. Mr. Braun. 

Senator BRAUN. Yes. 

The CLERK. Mrs. Capito. 

Senator CAPITO. Yes. 

The CLERK. Mr. Cardin. 

Senator CARPER. No, by proxy. 

The CLERK. Mr. Carper. 

Senator CARPER. No. 

The CLERK. Mr. Cramer. 

Senator CRAMER. Yes. 

The CLERK. Ms. Duckworth. 

Senator CARPER. No, by proxy. 

The CLERK. Ms. Ernst. 

Senator ERNST. Aye. 

The CLERK. Mrs. Gillibrand. 

Senator GILLIBRAND. No. 

The CLERK. Mr. Inhofe. 

Senator INHOFE. Aye. 

The CLERK. Mr. Markey. 

Senator MARKEY. No. 

The CLERK. Mr. Merkley. 

Senator MERKLEY. No. 

The CLERK. Mr. Rounds. 

Senator ROUNDS. Aye. 

The CLERK. Mr. Sanders. 

Senator CARPER. No, by proxy. 

The CLERK. Mr. Shelby. 

Senator SHELBY. Aye. 

The CLERK. Mr. Sullivan. 

Senator SULLIVAN. Aye. 

The CLERK. Mr. Van Hollen. 

9 

Senator VAN HOLLEN. No. 

The CLERK. Mr. Whitehouse. 

Senator CARPER. No, by proxy. 

The CLERK. Mr. Wicker. 

Senator WICKER. Aye. 

The CLERK. Mr. Chairman. 

Senator BARRASSO. Aye. 

The Clerk will report. 

The CLERK. Mr. Chairman, the yeas are 11; the nays are 10. 

Senator BARRASSO. The yeas are 11; the nays are 10. We have 

approved the nomination of Mr. Wright to be Assistant Administrator of the Environmental Protection Agency, which will be reported to the full Senate for approval. 

Next, I would like to call up Presidential Nomination 78, John 

Fleming, of Louisiana, to be Assistant Secretary of Commerce for 

Economic Development. 

I move to approve and report the nomination favorably to the 

Senate. 

Is there a second? 

Senator INHOFE. Second. 

Senator BARRASSO. The Clerk will call the roll. 

The CLERK. Mr. Booker. 

Senator BOOKER. No. 

The CLERK. Mr. Boozman. 

Senator BOOZMAN. Yes. 

The CLERK. Mr. Braun. 

Senator BRAUN. Yes. 

The CLERK. Mrs. Capito. 

Senator CAPITO. Yes. 

The CLERK. Mr. Cardin. 

Senator CARPER. Yes, by proxy. 

The CLERK. Mr. Carper. 

Senator CARPER. Yes. 

The CLERK. Mr. Cramer. 

Senator CRAMER. Yes. 

The CLERK. Ms. Duckworth. 

Senator CARPER. Yes, by proxy. 

The CLERK. Ms. Ernst. 

Senator ERNST. Yes. 

The CLERK. Mrs. Gillibrand. 

Senator GILLIBRAND. No. 

The CLERK. Mr. Inhofe. 

Senator INHOFE. Aye. 

The CLERK. Mr. Markey. 

Senator MARKEY. No. 

The CLERK. Mr. Merkley. 

Senator MERKLEY. No. 

The CLERK. Mr. Rounds. 

Senator ROUNDS. Aye. 

The CLERK. Mr. Sanders. 

Senator CARPER. No, by proxy. 

The CLERK. Mr. Shelby. 

Senator SHELBY. Aye. 

The CLERK. Mr. Sullivan. 

10 

Senator SULLIVAN. Aye. 

The CLERK. Mr. Van Hollen. 

Senator VAN HOLLEN. No. 

The CLERK. Mr. Whitehouse. 

Senator CARPER. Yes, by proxy. 

The CLERK. Mr. Wicker. 

Senator WICKER. Aye. 

The CLERK. Mr. Chairman. 

Senator BARRASSO. Aye. 

The Clerk will report. 

The CLERK. Mr. Chairman, the yeas are 15; the nays are 6. 

Senator BARRASSO. The yeas are 15; the nays are 6. We have approved the nomination of Dr. Fleming to be Assistant Secretary of 

Commerce for Economic Development, which will be reported to the 

full Senate for approval. 

I would like to now call up S. 268, the Wildlife Innovation and 

Longevity Driver Act; S. 163, the Alaska Remote Generator Reliability and Protection Act; S. 94, Target Practice and Marksmanship Training Support Act; S. 310, Migratory Birds of the Americas 

Conservation Act; Presidential Nomination 2, Nicole Nason, of New 

York, to be Administrator of the Federal Highway Administration; 

Presidential Nomination 79, John Ryder, of Tennessee, to be a 

Member of the Board of Directors of the Tennessee Valley Authority; six General Services Administration resolutions; the Committee 

budget resolution; the Committee rules en bloc. 

I move to approve and report S. 268, S. 163, S. 94, S. 310, Presidential Nomination No. 2, Presidential Nomination 79, and the 

Committee budget resolution favorably to the Senate, and approve 

six GSA resolutions and the Committee rules en bloc. 

Is there a second? 

Senator CARPER. Second. 

Senator BARRASSO. All those in favor, please say aye. 

[Chorus of ayes.] 

Senator BARRASSO. All those opposed, no. 

[No audible response.] 

Senator BARRASSO. In the opinion of the Chair, the ayes have it. 

We have approved S. 268, S. 163, S. 94, S. 310, Presidential 

Nominations 2 and 79, and the Committee budget resolution, 

which will be reported favorably to the Senate. We have also approved six GSA resolutions and the Committee rules. 

The voting part of the meeting is concluded. I am going to be 

happy to recognize any member who wishes to make a statement 

on any of the nominations, legislations, resolutions, and other matters we just approved. 

I have noted Senator Capito and Senator Sullivan both had interest in making comments. We will go back and forth. I think Senator Capito, and then Senator Gillibrand, and then Senator Sullivan. 

Go right ahead. 

11 

OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO, 

U.S. SENATOR FROM THE STATE OF WEST VIRGINIA 

Senator CAPITO. Thank you, Mr. Chairman. 

I am very pleased that the Committee considered and approved 

my bill, S. 94, which is the Target Practice and Marksmanship 

Training Support Act, which I introduced with Senator Bennett 

and which has the support of 11 bipartisan sponsors. 

The bill would provide needed flexibility for States in applying 

their Pittman-Robertson funds to build and maintain public shooting ranges. This will allow greater access to public shooting ranges 

for sportsmen and target shooters for gun safety education, target 

practice, and sighting in firearms. Best of all, it achieves this without any budget score. 

This legislation moved by voice vote last Congress and is also included in the public lands package under consideration this week. 

I am optimistic that it will advance through to enactment this Congress, given its strong bipartisan support. 

I would also like to congratulate the five important nominees for 

their leadership roles. I congratulate each of them for moving forward and hope the Senate will take up their nominations in a timely fashion. 

I would like to highlight my support for Acting Administrator 

Andrew Wheeler to become the Administrator of the EPA. The Acting Administrator and his staff have always been very responsive 

to my staff and know the significant concerns I have raised in private meetings and in public forums, including hearings in this 

Committee, about the risks posed by a group of chemicals known 

as PFOS. I was troubled by media reports last week that an upcoming interagency plan to address PFOS would not consider 

standards for drinking water. 

Mr. Wheeler and his staff came to my office and addressed those 

concerns by pledging to look at all available statutory authorities 

the EPA has been granted by Congress to address this potential 

crisis. With that in mind, and considering other policy concerns to 

West Virginia, I have no concerns supporting his nomination. However, I intend to closely track the steps EPA and other agencies are 

taking to address this public health and environmental health crisis, which has had a particular impact on West Virginians living 

in affected communities, to ensure that the Federal Government is 

sufficiently responsive to their concerns. 

I would also like to take a moment to express my appreciation 

for Mr. Wheeler’s emphasis on improving transparency and good 

governance practices at the EPA and proposing regulatory solutions that abide by congressional intent in statute. The important 

work he is doing at the Agency underscores that economic growth 

and environmental protection need not be at cross purposes. 

West Virginia bore the brunt, more than most States, from 8 

years of bureaucratic red tape coming out of Washington, and the 

recovery from the 2008 recession has been delayed coming to Appalachia. The EPA’s effort to address the legal deficiencies in the 

Clean Power Plan and Waters of the U.S. rules will go a long way 

to helping our people get back to work, particularly in the engineering, manufacturing, construction, and forest industries that are 

essential to West Virginia’s economy. 

12 

Thank you very much. 

Senator BARRASSO. Thank you, Senator Capito. 

Senator Booker. 

OPENING STATEMENT OF HON. CORY A. BOOKER, 

U.S. SENATOR FROM THE STATE OF NEW JERSEY 

Senator BOOKER. Thank you very much, Mr. Chairman. 

Mr. Chairman, I have lived and worked my entire professional 

career in low income, vulnerable communities, and I really came to 

the environmental movement more because of environmental justice issues than originally on climate issues, something always of 

concern to me. 

But when you live in a community where children suffer from 

lead poisoning, when you live in a community where you can’t 

plant in your soil because it is toxic in your own backyard, when 

you live in a community where you have toxic Superfund sites 

within a few miles and live in a community where the air is so bad 

that the asthma rates are multiple times higher than other suburban communities, you begin to realize that children and young people, as well as the elderly, are being stolen, having what should be 

the birthright of every American stolen from them when it comes 

to clean air, clean water, clean soil, and a right to be able to develop and flourish in America by having a clean environment. 

Andrew Wheeler, in his brief tenure as Acting Administrator at 

the EPA, his actions have shown that he will be increasing water 

pollution, increasing air pollution, increasing carbon emissions that 

are causing not just global warming, but real health risks, from 

mercury to methane. This is someone who will make us less safe, 

less secure, have more health problems, and raise, unfortunately, 

the worst consequences of pollution, in addition to the fact that, as 

climate change happens, it is the vulnerable communities in America that face the most tragic consequences, the communities least 

resilient when these weather events occur. 

I cannot support Mr. Wheeler. I voted against him. And I will 

continue to work with environmental justice advocates across our 

country to try to block and stop the rollbacks that are ultimately 

going to hurt human life, undermine the well being in communities 

like mine across the State of New Jersey, and unfortunately, set 

this planet back when it comes to addressing the urgent crisis we 

have with climate change. 

Thank you very much. 

Senator BARRASSO. Thank you, Senator Booker. 

Senator Sullivan. 

OPENING STATEMENT OF HON. DAN SULLIVAN, 

U.S. SENATOR FROM THE STATE OF ALASKA 

Senator SULLIVAN. Thank you, Mr. Chairman. 

I just want to commend you and the Ranking Member on the 

continued bipartisan work that gets done on this Committee. I appreciate the passage of the Alaska Remote Generator Reliability 

and Protection Act and note that in the last Congress, Ranking 

Member Carper was a cosponsor of that important legislation from 

my State, and I am glad to see that moving again. 

13 

I also just want to mention, with regard to Mr. Wheeler, I think 

when you saw his confirmation hearing, the one thing that doesn’t 

come out a lot, doesn’t get reported in the press, is his qualifications from being a career official at the EPA. I think he might be 

the first career EPA official to actually have the opportunity to lead 

the Agency, won a number of awards there; and then also his work 

here on this Committee. So, almost 20 years of public service on 

these important issues. 

I do want to just briefly mention Ranking Member Carper’s 

statement about a rush. I have a lot of respect for the Ranking 

Member. As a matter of fact, I have a lot of respect and work very 

closely with all the members of this Committee, Democrats and Republicans. I do want to mention, though, one of the kind of 

counterarguments to this idea of a rush is what is happening more 

broadly in the Senate. There has been unprecedented, by any historical measure, delay in terms of this President being able to get 

his nominees confirmed. 

If you look at the number of times that the other side has required cloture votes, it is literally in the hundreds for the first 2 

years of this President. There has been no precedent ever, ever in 

the first 2 years of another President, whether it is a Democrat, 

Republican. No one has done this. No one has delayed more than 

my colleagues on the other side. That is a fact. The vast majority 

of these delays are noncontroversial Senate confirmed positions; assistant secretaries of HHS, ambassadors for the State Department, 

assistant secretaries of Defense. Delay, delay, delay, delay. 

So, my only point is, to my good friend, Senator Carper, whom 

I have worked closely with on a number of issues, the argument 

to say don’t rush it would have a little bit more credibility if your 

side has not been delaying so many well qualified people who want 

to serve their country and have been waiting for months and 

months and months; and we start to lose good people. We start to 

lose good people, and we are starting to see that. 

So, I would ask my colleagues on the other side, go to the minority leader and say, these delays, they are not helping the American 

people. They are certainly not helping the American people when 

this Administration, which was elected, is trying to place people in 

offices that need Senate confirmation to run the country. 

Thank you, Mr. Chairman. 

Senator BARRASSO. Thank you, Senator Sullivan. 

Senator Carper. 

Senator CARPER. If I could have just a moment to respond. 

I am delighted to serve with you on this Committee, with our 

Chairman, and frankly, everybody who serves on this Committee. 

I like to get things done. I am a recovering Governor, as you know, 

and I like to get things done. 

As a Governor, literally in 8 years—I might be mistaken on 

this—I think every one of my nominees for judges, for executive 

branch positions that required a confirmation, they were all confirmed and approved. Eight years unanimously. I am one who believes that Governors and Presidents deserve the benefit of the 

doubt in nominations. That doesn’t mean we should rubber stamp 

them. 

14 

But as the Chairman knows, we worked very hard at the end of 

last Congress to try to get four senior officials confirmed at EPA, 

and to allow them to be confirmed on a voice vote by unanimous 

consent, and one was held up, as the Chairman knows, for reasons 

beyond my control, our control, and that was the nominee Peter 

Wright. We are taking him up today. My hope is we can get that 

nomination done as long as EPA recommits to what they promised 

to do in anticipation of our confirming of Peter Wright. 

I like to say find out what works and do more of that. You can 

look at those four nominations and see what works to expedite the 

processing of those nominations. With Andrew Wheeler, there are 

five issues; there are five issues. They include fuel efficiency standards; they include mercury air toxic standards; they include something called HFCs, hydrofluorocarbons, that we have talked about 

before; they include PFOA, the stuff that gets in water and causes 

cancer. Within 2 years we want a drinking water standard. 

We are not asking for crazy stuff; we are asking for things that 

actually clean the air, clean the water, provide better public health, 

and also provide economic opportunity. That is the win-win I am 

looking for. I think that is the win-win that we are looking for. 

Andrew Wheeler’s report out of here today, you all have the votes 

officially to get him confirmed in the Senate, I think. But I want 

to make sure, if that happens or when that happens, that the five 

issues that we are raising here have been addressed in an appropriate way. We will be better off as a people, healthier people. We 

will also be better economically as a people. That is what I want. 

That is what we want. 

Senator SULLIVAN. But my broader point to the overall delays of 

many, many qualified candidates, literally hundreds, over 100 filibusters—not filibusters, cloture requirements, I think it is a very 

valid one. When I talk to my colleagues on the other side of the 

aisle, a lot of them have reservations about what the minority leader has been doing, essentially to just delay the confirmation of people just because they want to delay it. It is unprecedented, and I 

think it should stop, and I think it makes for stronger arguments 

from this side to look at more issues with regard to Mr. Wheeler. 

I agree on certainly some of the ones you mentioned. I have 

raised a number of those with him in my meetings, but again, the 

broader issue of the unprecedented delay, by any historical measure, in the last 2 years. I think it needs to be addressed, and I 

think it gives you more credibility to make these arguments if you 

are not delaying an entire Administration’s ability to get people to 

serve their Government who are noncontroversial and get confirmed. 

Thank you. 

Senator BARRASSO. Before turning to Senator Markey, I would 

point out that Mr. Wheeler has received significant praise from 

former Democrat vice presidential candidate and U.S. Senator Joe 

Lieberman, who served on this Committee, the Environment and 

Public Works Committee, while Mr. Wheeler was a Republican 

staff director. Former Senator Lieberman has called Mr. Wheeler 

fair and professional, and I ask unanimous consent to enter that 

statement in the record, and it will be offered and submitted in the 

record without objection. 

15 

[The referenced information was not received at time of print.] 

Senator BARRASSO. Senator Markey. 

OPENING STATEMENT OF HON. EDWARD J. MARKEY, 

U.S. SENATOR FROM THE STATE OF MASSACHUSETTS 

Senator MARKEY. Thank you, Mr. Chairman. 

It is the EPA’s job to protect public health and the environment, 

but sadly, I am concerned that Andrew Wheeler’s background 

means that he will never understand that saving coal is not part 

of that mission and not his job. 

Andrew Wheeler has spent years protecting the coal industry; 

first from here, in the Senate, where he worked to prevent passage 

of climate legislation as a Committee staffer; then as a lobbyist for 

Murray Energy, one of the largest coal companies in America that 

has led the fight by the coal industry to undo the progress we have 

made on climate policy; and now as the man overseeing a number 

of proposed regulatory actions that would attack the rules that protect public health, protect our environment, and protect our climate. 

We should be forcefully fighting against climate change, instead 

of being forced to convince our lead environmental protection officer 

that it is a real threat. For these reasons, I oppose Andrew Wheeler’s nomination. 

I yield back, Mr. Chairman. 

Senator BARRASSO. Thank you. I appreciate your comments. 

I appreciate the contributions of all of the members. 

Senator Carper, any final words before I adjourn the Committee? 

Senator CARPER. Thanks, Mr. Chairman. I would ask unanimous 

consent to submit for the record letters pertaining to the nomination of Andrew Wheeler as Administrator of EPA from former Administrators of the Environmental Protection Agency. 

Mr. Chairman, I would just reiterate what I said to our colleague 

from Alaska a minute ago. There is a pretty good roadmap that we 

can follow to lead to the vote on the floor for Mr. Wheeler sooner 

rather than later, and it was, as I mentioned, basically executed at 

the end of the last Congress. I don’t think we are asking for a lot. 

We are asking that we listen to our automakers in this country, 

who are saying give us certain predictability with respect to fuel 

efficiency standards; not years in court, but certainly predictability 

so that we can compete in the world. 

We are asking for this Committee and for this Congress, for EPA 

to listen to the voices of—with respect to mercury air toxic standards, we are asking them to listen to the voices of our utilities 

throughout this country, for the folks who lobby on behalf of the 

utilities, to the Chambers of Commerce, National Association of 

Manufacturers, as well as environmental organizations, as well as 

Moms Air Force for Clean Air and any other number of folks on 

the clean air side. 

We are asking that the companies in this country who have actually developed a lot of time and a lot of money in alternative follow 

on product to hydrofluorocarbons to act as a refrigerant and a coolant. We have a follow on product invented in America by American 

companies, and we are unable to sell it and market it throughout 

the world because we cannot get a treaty, called Kigali, sent by this 

16 

Administration to us and the Senate to consider it. I think we have 

had at least 13 Republican Senators who have said to the Administration, send us the treaty. Send us the treaty. 

Senator Capito mentioned this today; we have this PFOA stuff, 

a chemical that gets in the water. In my State, we have a situation 

where airplanes—we have big airplanes at Dover Air Force Base 

and a lot of other places where PFOAs get into the groundwater 

that they use with respect to the airplanes, and all we are asking 

for is, within 2 years, let’s have a clean drinking water standard 

for PFOAs. 

Finally, I can never remember how to pronounce the name, but 

it is a paint stripper. I think it is called fluoride chlorine. I don’t 

say a lot of good things about Scott Pruitt, but he actually started 

the process when he was the Administrator of EPA to get it off the 

shelves so that we wouldn’t actually be selling it and exposing people who have died by the dozens in this country by being exposed 

to this stuff. That is a paint stripper. I think in that instance Scott 

Pruitt was on to something right, and I would really urge Mr. 

Wheeler to take the handoff and get the ball in the end zone. 

Thanks so much. 

[The referenced information was not received at time of print.] 

Senator BARRASSO. Thank you, Senator Carper. 

Senator Cardin. 

Senator CARDIN. Mr. Chairman, could I ask unanimous consent 

that my votes negative on Wheeler by proxy and Wright on proxy 

negative and positive on Fleming by proxy be changed to in person? 

It doesn’t change the outcome. 

Senator BARRASSO. Without objection. 

Senator CARDIN. Thank you. 

Senator BARRASSO. Thank you, Senator Cardin. 

I would like to submit for the record, finally, a letter that was 

to me and to the Ranking Member from the Auto Alliance and 

Driving Innovation. On behalf of the Alliance of Automobile Manufacturers, who represents 12 leading automakers that produce over 

70 percent of light duty vehicles sold in the United States. The letter says, ‘‘I want to express our support for the President’s nomination of Andrew Wheeler to be the Administrator of the Environmental Protection Agency.’’ 

Without objection. 

[The referenced information was not received at time of print.] 

Senator CARPER. I don’t object. 

I would ask unanimous consent to submit for the record similar 

statements from individual auto companies in this country with respect to this and one of the issues I have discussed here today is 

a 50 State solution for CAFE and fuel efficiency standards. 

Senator BARRASSO. Without objection. 

[The referenced information was not received at time of print.] 

Senator BARRASSO. If there is no one else who would like to 

make a comment, at this time, this hearing and business meeting 

is adjourned. 

I ask unanimous consent that the staff have authority to make 

technical and conforming changes to each of the matters approved 

today. 

With that, the business meeting is adjourned. 

17 

[Whereupon, at 10:45 a.m. the Committee was adjourned.] 

[Legislation and related material submitted for the record follow:] 

18 


36312.001

116TH CONGRESS 

1ST SESSION S.:l/;t 

To reauthorize the Partners for Fish and Wildlife Program and certain 

·wildlife conservation funds, to establish prize competitions relating to 

the prevention of wildlife poaching and trafficking, 1vildlife conserYation, 

the management of iJwasive species, and the protection of endangered 

species, to amend the Marine Turtle Conservation Act of 2004 to modifY 

the protections proYided by that Act, and for other purposes. 

IN THE SENATE Ov' THE UNITED STATES 

Mr. BARR.'I.SSO (for himself, Mr. CARPER, Mr. INHOFE, Mr. BOOKER, l\Ir. 

BOOZli!A..'\!, and Mr. WHITEHOUSE) introduced the following bill; which 

was read twice and referred to the Committee on ---------· 

A BILL 

To reauthorize the Partners for Fish and Wildlife Program 

and certain vvildlife conservation f1.mds, to establish prize 

competitions relating to the prevention of 1vildlife poaching and traffieking·, lvildlife conservation, the management of invasive species, and the protectioll of endangered species, to amend the lVIarine Turtle Conservation 

Act of 2004 to modify the protections provided by that 

Act, and for other purposes. 

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
19 


36312.002

2 

SECTION 1. SHORT TITLE. 

2 This Act may be cited as the "Wildlife Innovation 

3 and I;ougevity Driver Act" or the "vV1LD Act". 

4 SEC. 2. WILDLIFE HABITAT AND CONSERVATION. 

5 (a) PARTNERS FOR FISH AND Wn_,DLIFE PROGRA.l\1 

6 REAUTHORIZATION.-Section 5 of the Partners for Fish 

7 and Wildlife Act (16 U.S.C. 3774) is amended by striking 

8 "2006 through 2011" and inserting "2019 through 

9 2023". 

10 (b) ]?ISH AND WILDLIFE COORDINA'riON.-

11 (1) PURPOSE.-The purpose of this subsection 

12 is to protect water, oceans, coasts, and wildlife from 

13 invasive species. 

14 (2) AMEJ'\Dl\1ENTS TO FISH .AND WILDLIFE C0-

15 ORDINATION ACT.-

16 (A) SIWR.T 'riTLE; AU'l'HORIZATION.-The 

17 first section of the Fish and Wildlife Coordina18 tion Act (16 U.S.C. 661) is amended by strik19 ing "F'or the purpose" and inserting the fol20 lm,i.ng: 

21 "SECTION 1. SHORT TITLE; AUTHORIZATION. 

22 "(a) SHORT TITLE.-This Act may be cited as the 

23 'Fish and ·wildlife Coordination Act'. 

24 "(b) AOTHORIZATION.-For the purpose". 

25 (B) PROTECTION OF WATER, OCEAc.'l'S, 

26 COASTS, AND \\'1LDLIFE FROM INVASIVE SPE-
20 


36312.003

1 

2 

3 

CIES.-The Fish and Wildlife Coordination Act 

(16 U.S.C. 661 et seq.) is amended by adding 

3 at the end the following: 

4 "SEC. 10. PROTECTION OF WATER, OCEANS, COASTS, AND 

5 WILDLIFE FROM INVASIVE SPECIES. 

6 "(a) DEFINITIONS.-In this section: 

7 "(1) CONTROL.-The term 'control', with re8 spect to an invasive species, means the eradication, 

9 suppression, or reduction of the population of the 

10 invasive species within the area in whieh the invasive 

11 species is present. 

12 "(2) EcOSYSTEi\I.-The term 'ecosystem' 

13 means the complex of a community of organisms 

14 and the environment of the organisms. 

15 "(3) ELIGIBLE S'l'ATE.-The term 'eligible 

16 State' means any of17 "(A) a State; 

18 

19 

20 

21 

22 

23 

24 

25 

''(B) the District of Columbia; 

"(C) the Commonwealth of Puerto Rico; 

"(D) Guam; 

"(E) American Samoa; 

"(F) the Commonwealth of the Northern 

Mariana Islands; and 

" (G) the United States Virgin Islands. 

"(4) lNVASfVE SPECIES.-
21 


36312.004

4 

1 "(A) ll\' GE:\TERAL.-The term 'invasive 

2 species' means an alien species, the introduction 

3 of which causes, or is likely to cause, economic 

4 or environmental harm or harm to human 

5 health. 

6 "(B) ASSOCUTED DEFINl'fiON.-For pur7 poses of subparagraph (A), the term 'alien spe8 cies', with respect to a particular ecosystem, 

9 means any species (including the seeds, eggs, 

10 spores, or other biological material of the spell cies that are capable of propagating the species) 

12 that is not native to the affected ecosystem. 

13 "(5) l\1ANAGE; M.A::-JAGEMEN'f.-The terms 

14 'manage' and 'management', with respect to an 

15 invasive species, mean the active implementation of 

16 any activity17 "(A) to reduce or stop the spread of the 

18 invasive species; and 

19 "(B) to inhibit further infestations of the 

20 invasive species, the spread of the invasive spe21 cies, or harm caused by the invasive species, in22 eluding investigations regarding methods for 

23 early detection and rapid response, prevention, 

24 control, or management of the invasive species. 
22 


36312.005

5 

1 "(6) PREv'EWr.-The term 'prevent', with re2 spect to an invasive species, means3 "(A) to hinder the introduction of the 

4 invasive species onto land or water; or 

5 "(B) to impede the spread of the invasive 

6 species vvithin land or water by inspecting, 

7 intercepting, or confiscating invasive species 

8 threats prior to the establishment of the 

9 invasive species onto land or water of an eligible 

10 State. 

11 "(7) Sr~CRETAlW CONCERNED.-The term 'Sec12 retary concerned' means13 "(A) the Secretary of the Arrny, with re14 spect to li'ederal land administered by the 

15 Corps of Engineers; 

16 "(B) the Secretary of the Interior, with re17 spect to Federal land administered by the SecIS retary of the Interior through19 "(i) the United States Fish and Wild20 life Service; 

21 "(ii) the Bureau of Indian Affairs; 

22 "(iii) the Bureau of Land Manage23 ment; 

24 "(iv) the Bureau of Reclamation; or 

25 "(v) the National Park Service; 
23 


36312.006

6 

"(C) the Secretary of Agriculture, with re2 spect to Federal land administered by the Sec3 retary of Agriculture through the Forest Serv4 ice; and 

5 "(D) the head or a representative of any 

6 other Federal agency the duties of whom re7 quire planning relating to, and the treatment 

8 of, invasive species for the purpose of protecting 

9 water and wildlife on land and coasts and in 

10 oceans and water. 

11 "(8) SPECIES.-rrhe term 'species' means a 

12 group of organisms, all of which13 "(A) have a high degree of genetic simi14 larity; 

15 "(B) are morphologically distinct; 

16 

17 

18 

19 

20 

21 

"(C) generally-

"(i) interbreed at maturity only 

among themselves; and 

"(ii) produce fertile offspring; and 

"(D) show persistent differences from 

members of allied groups of organisms. 

22 "(b) CONTROL AND MANAGEMENT.-Each Secretary 

23 concerned shall plan and carry out activities on land di24 rectly managed by the Secretary concerned to protect 
24 


36312.007

7 

1 water and wildlife by controlling and managing invasive 

2 species3 "(1) to inhibit or reduce the populations of 

4 invasive species; and 

5 "(2) to effectuate restoration or reclamation ef6 forts. 

7 "(c) S'l'RATEGIC PLAN.-

8 "(1) IN GENERAL.-Each Secretary concerned 

9 shall develop a strategic plan for the implementation 

10 of the invasive species program to achieve, to the 

11 maximum extent practicable, a substantive annual 

12 net reduction of invasive species populations or in13 fested acreage on land or ·water managed by the Sec14 retary concerned. 

15 "(2) COORDINATION.-Each strategic plan 

16 under paragraph (1) shall be developed17 

18 

19 

20 

21 

22 

23 

24 

"(A) in coordination with affected-

"(i) eligible States; and 

"(ii) political subdivisions of elig·ible 

States; 

"(B) in consultation vvith federally recognized Indian tribes; and 

"(C) in accordance with the priorities established by 1 or more Governors of the eligible 
25 


36312.008

8 

States in which an eeosystem affected by an 

2 invasive species is located. 

3 "(3) FACTORS FOR CO~SIDERATION.-In devel4 oping a strategic plan under this subsection, the 

5 Secretary concerned shall take into consideration the 

6 economic and ecological costs of action or inaction, 

7 as applicable. 

8 "(d) Cos·r-EFFECTTVE M:ETHODS.-In selecting a 

9 method to be used to control or manage an invasive species 

10 as part of a specific control or management project con11 ducted as part of a strategic plan developed under sub12 section (c), the Secretary concerned shall prioritize the use 

13 of methods that14 "(1) effectively control and manage invasive 

15 species, as determined by the Secretary concerned, 

16 based on sound seientific data; 

17 "(2) minimize environmental impacts; and 

18 " ( :3) control and manage invasive species in the 

19 most cost-effeetive manner. 

20 "(e) COl\fPARA'l'IVE ECONOMIC ASSESSMENT.-rl'o 

21 achieve compliance with subsection (d), the Secretary con22 cerned shall require a comparative economic assessment 

23 of invasive species control and management methods to 

24 be conducted. 

25 "(f) EXPEDI'rED ACTION.-
26 


36312.009

9 

"(1) I;-.;r GENER.lli.-The Secretaries concerned 

2 shall use all tools and flexibilities available (as of the 

3 date of enactment of this section) to e:x.1Jcdite the 

4 projects and activities described in paragraph (2). 

5 "(2) DESCRIPTION OF PROJECTS A.i'lD A.CTIVI6 TIES.-A project or activity referred to in paragTaph 

7 (1) is a project or activity8 "(A) to protect water or wildlife from an 

9 invasive species that, as determined by the Sec10 retary concerned is, or will be, carried out on 

11 land or water that 

12 "(i) directly managed by the Secretary 

13 concerned; and 

14 "(ii) located in an area that is15 "(I) at high risk for the introduc16 tion, establishment, or spread of 

17 invasive species; and 

18 "(II) determined by the Sec19 retary concemed to require immediate 

20 action to address the risk identified in 

21 subclause (I); and 

22 "(B) carried out in accordance with appli23 cable agency procedures, including any applica24 ble-
27 


36312.010

10 

"(1') la.11cl " or resource managemen t 

2 plan; or 

3 "(ii) land use plan. 

4 "(g) ALLOCA'l'ION OF FUNDING.-Of the amount ap5 propriated or othenvise made available to each Secretary 

6 concerned for a fiscal year for programs that address or 

7 include protection of land or water from an invasive spe8 cies, the Secretary concerned shall use not less than 75 

9 percent for on-the-ground control and management of 

10 invasive species, which may include11 "(1) the purchase of necessary products, equip12 ment, or services to conduct that control and man13 agernent; 

14 "(2) the use of integrated pest management op15 tions, including options that use pesticides author16 ized for sale, distribution, or use under the Federal 

17 Insecticide, Fungicide, and Hodenticide Act ( 7 

18 U.S.C. 136 et seq.); 

19 " ( 3) the use of biological control agents that 

20 are proven to be effective to reduce invasive species 

21 populations; 

22 " ( 4) the use of revegetation or cultural restora23 tion methods designed to improve the diversit:y and 

24 richness of ecosystems; 
28 


36312.011

11 

1 " ( 5) the use of monitoring and detection activi2 ties for invasive species, including equipment, detec3 tion dogs, and mechanical devices; 

4 "(6) the use of appropriate methods to remove 

5 invasive species from a vehicle or vessel capable of 

6 conveyance; or 

7 "(7) the use of other effective mechanical or 

8 manual control methods. 

9 "(h) IN\TESTIGATIONS, OUTREACH, AND PUBLIC 

10 AvY.ARENESS.-Of the amount appropriated or otherwise 

11 made available to each Secretary concerned for a fiscal 

12 year for programs that address or include protection of 

13 land or water from an invasive species, the Secretary con14 cerned may use not more than 15 percent for investiga15 tions, development activities, and outreach and public 

16 awareness efforts to address invasive species eoutrol and 

17 management needs. 

18 "(i) ADMINISTRA'l'I\TE COSTS.-Of the amount appro19 priated or otherwise made available to each Secretary con20 cerned for a fiscal year for programs that address or in21 elude protection of land or water from an invasive species, 

22 not more than 10 percent may be used for administrative 

23 costs incurred to carry out those programs, including costs 

24 relating to oversight and management of the programs, 
29 


36312.012

12 

recordkeeping, and implementation of the strategic plan 

2 developed under subsection (e). 

3 "(j) REPORTING REQDIREMENTS.-Not later than 60 

4 days after the end of the second fiscal year beginning after 

5 the date of enactment of this section, each Secretary con6 cerned shall submit to Congress a report7 " ( 1) describing the use by the Secretary conS cerned during the 2 preceding fiscal years of fnnds 

9 for programs that address or include invasive species 

10 management; and 

11 "(2) specifying the percentage of funds ex12 pended for each of the purposes specified in sub13 sections (g), (h), and (i). 

14 "(k) RELA'fiON TO OTHERAUTHORI'fY.-

15 "(1) OTHER INVASIVE SPECIES CONTROL, PRE16 VENTION, L~D l\LA.l'JAGEMENT AUTHORITIES.-Noth17 ing in this section precludes the Secretary concerned 

18 from pursuing or supporting, pursuant to any other 

19 provision of law, any activity regarding the control, 

20 prevention, or management of an invasive species, 

21 including investigations to improve the control, pre22 vention, or management of the invasive species. 

23 "(2) PUBLIC vVA'l'ER SUPPLY SYS'l'EMS.-Noth24 mg in this section authorizes the Secretary con25 cerned to suspend any water delivery or diversion, or 
30 


36312.013

13 

otherwise to prevent the operation of a public water 

2 supply system, as a measure to control, manage, or 

3 prevent the introduction or spread of an invasive 

4 species. 

5 "(l) USE OF PARTNERSHIPS.-Subject to the sub6 sections (m) and (n), the Secretary concerned may enter 

7 into any contract or cooperative agreement with another 

8 Federal agency, an eligible State, a federally recognized 

9 Indian tribe, a political subdivision of an eligible State, 

10 or a private individual or entity to assist with the control 

11 and management of an invasive species. 

12 "(m) MEMORANDUM OF UNDEl~STAl'IDING.-

13 "(1) IN GENERAL.-As a condition of a con14 tract or cooperative agreement under subsection (l), 

15 the Secretmy concerned and the applicable Federal 

16 agency, eligible State, politieal subdivision of an eli17 gible State, or private individual or entity shall enter 

18 into a memorandum of understanding that de19 scribes20 "(A) the nature of the partnership between 

21 the parties to the memorandum of under22 standing; and 

23 "(B) the eontrol and management activi24 ties to be conducted under the contract or coop25 erative agreement. 
31 


36312.014

14 

1 "(2) CONTENTS.-A memorandum of under2 standing under this subsection shall contain, at a 

3 minimum, the following: 

4 "(A) A prioritized listing of each invasive 

5 species to be controlled or managed. 

6 "(B) An assessment of the total acres of 

7 land or area of water infested by the invasive 

8 species. 

9 " (C) An estimate of the e::-..rpected total 

10 acres of land or area of water infested by the 

11 invasive species after control and management 

12 of the invasive species is attempted. 

13 "(D) A description of each specific, inte14 grated pest management option to be used, in15 eluding a comparative economic assessment to 

16 determine the least-costly method. 

17 "(E) Any map, boundary, or Global Posi18 tioning System coordinates needed to clearly 

19 identify the area in which each control or man20 agement activity is proposed to be conducted. 

21 "(F) A written assurance that each part22 ncr will comply with section 15 of the Federal 

23 Noxious Weed Act of 1974 (7 U.S.C. 2814). 

24 "(3) COORDINATION.-If a partner to a con25 tract or cooperative agreement ullder subsection (l) 
32 


36312.015

15 

1 is an eligible State, political subdivision of an eligible 

2 State, or private individual or entity, the memo3 randum of understanding under this subsection shall 

4 include a description of5 "(A) the means by which each applicable 

6 control or management effort will be coordi7 nated; and 

8 "(B) the expected outcomes of managing 

9 and controlling the invasive species. 

10 "(4) PUBLIC OU'rREACH AND AWARENESS El<~-

11 FORTS.-If a contract or cooperative agreement 

12 under subsection (l) involves any outreach or public 

13 awareness effort, the memorandum of understanding 

14 under this subsection shall include a list of goals and 

15 objectives for each outreach or public awareness ef1 6 fort that have been determined to be efficient to in17 form national, reg·ional, State, Tribal, or local aucli18 ences regarding invasive species control and manage19 ment. 

20 "(n) INVES1'IGA'l'IONS.-'l'he purpose of any invasive 

21 species-related investigation carried out under a contract 

22 or cooperative agreement under subsection (l) shall be--

23 " ( 1) to develop solutions and specific rec24 ommendations for control and management of 

25 invasive species; and 
33 


36312.016

16 

1 "(2) specifically to provide faster implementa2 tion of control and management methods. 

3 "(o) COORDINATION \VrrH AFFECTED LOCAL Gov4 ERNMENTS.-Each project and activity carried out pursu5 ant to this section shall be coordinated with affected local 

6 g·overnments in a manner that is consistent ·with section 

7 202(c)(9) of the Federal Laud Policy and Management 

8 Act of 1976 (43 U.S.C. 1712(c)(9)).". 

9 (c) \11./ILDLIFE CONSERITATION.-

10 (1) REAU'l'HORIZATIONS.-

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(A) REAUTHORIZATION OF APRICAN ELEPHANT CONSERVATION AC'l'.-Section 2306(a) 

of the Mrican Elephant Conservation Act (16 

U.S.C. 4245(a)) is amended by striking "2007 

through 2012" and inserting "2019 through 

2023". 

(B) REAUTHORIZATION OP ASIAN ELEPHANT CONSERVATION AC•r OF 1997.-Section 

S(a) of the Asian Elephant Conservation Act of 

1997 (16 U.S.C. 4266(a)) is amended by striking "2007 through 2012" and inserting "20Hl 

through 2023". 

(C) REAUTHORIZATION OP RHINOCEROS 

A.t"\!D TIGER CONSERVATION ACT OF 1994.-Section lO(a) of the Rhinoceros and Tiger Con-
34 


36312.017

17 

servation Act of 1994 (16 U.S.C. 5306(a)) is 

2 amended by striking "2007 through 2012" and 

3 inserting "2019 through 2023". 

4 (2) Ai\fENDJI.IENTS TO GREA'l' APE CONSERVA5 TION ACT 01<' 2000.-

6 (A) P .Al'\JEL.-Section 4(i) of the Great Ape 

7 Conservation Act of 2000 (16 U.S.C. 6303(i)) 

8 is amended9 (i) by striking paragraph (1) and in10 serting the follo-vving: 

11 "(1) Co:t-rVEN'l'ION.-Not later than 1 year after 

12 the date of enactment of the Wildlife Innovation and 

13 Longevity Driver Act, and every 5 years thereafter, 

14 the Secretary may convene a panel of mq}erts on 

15 great apes to identify the greatest needs and prior16 ities for the conservation of great apes."; 

17 (ii) by redesignating paragraph (2) as 

18 paragraph (5); and 

19 (iii) by inserting after paragraph (1) 

20 the follo-vving: 

21 "(2) COlliPOSITION.-The Secretary shall en22 sure that the panel referred to in paragraph (1) in23 eludes, to the maximum extent practicable, 1 or 

24 more representatives-
35 


36312.018

18 

"(A) from each country that comprises the 

2 natural range of great apes; and 

3 "(B) •vith expertise in great ape conserva4 tion. 

5 "(3) CONSERVATION PLANS.-In identifying the 

6 conservation needs and priorities under paragraph 

7 (1), the panel referred to in that paragraph shall 

8 consider any relevant great ape conservation plan or 

9 strategy, including scientific research and findings 

10 relating toll "(A) the conservation needs and priorities 

12 of great apes; 

13 "(B) any regional or species-specific action 

14 plan or strategy; 

15 "(C) any applicable strategy developed or 

16 initiated by the Secretary; and 

17 "(D) any other applicable conservation 

18 plan or strategy. 

19 "(4) FUNDS.-Subject to the availability of ap20 propriations, the Secretary may use amounts avail21 able to the Secretary to pay for the costs of con22 vening and facilitating any meeting of the panel re23 ferred to in paragraph (1). ". 

24 (B) lVIUI/l'IYEr''I .. R GRA.NTS.-Section 4 of 

25 the Great Ape Conservation Act of 2000 (16 
36 


36312.019

19 

1 U.S.C. 6303) is amended by adding at the end 

2 the follmving: 

3 "(j) MUI"TIYEAR GRA.c"JTS.-

4 "(1) AUTHORIZATION.-The Secretary may 

5 award to a person who is othenvise eligible for a 

6 grant under this section a multiyear grant to carry 

7 out a project that the person demonstrates is an ef8 fective, long-term conservation strategy for great 

9 apes and the habitat of great apes. 

10 "(2) EFFECT OF SUBSEC'l'ION.-Nothing in this 

11 subsection precludes the Secretary from awarding a 

12 grant on an annual basis.". 

13 (C) ADl\UNISTRATIVE EXPENSES.-Section 

14 5(b)(2) of the Great Ape Conservation Act of 

15 2000 (16 U.S.C. 6304(b)(2)) is amended by 

16 striking "$100,000" and inserting "$150,000". 

17 (D) AUTHORIZATION OF APPHOPHIA18 TIONS.-Section 6 of the Great Ape Consen,a19 tion Act of 2000 (16 U.S.C. 6305) is amended 

20 by striking "2006 through 2010" and inserting 

21 "2019 through 2023". 

22 (3) Al\IENDMENTS '1'0 JVIAlUNE TURTLE CON23 SERVATION ACT OF 2004.-

24 (A) PURPOSE.-Section 2 of the Marine 

25 Turtle Conservation Act of 2004 (16 U.S.C. 
37 


36312.020

20 

6601) is amended by striking subsection (b) 

2 and inserting the following: 

3 "(b) PuR.POSE.-The purpose of this Act is to assist 

4 in the conservation of marine turtles, freshwater turtles, 

5 and tortoises and the habitats of marine turtles, fresh6 water turtles, and tortoises in foreign countries and terri7 tories of the United States by supporting alld providing 

8 financial resources for projects9 '' ( 1) to conserve marine turtle, freshwater tur1 0 tle, and tortoise habitats under the jurisdiction of 

11 United States Fish and Wildlife Service programs; 

12 "(2) to conserve marine turtles, freshwater tur13 ties, and tortoises in those habitats; and 

14 "(3) to address other threats to the survival of 

15 marine turtles, freshwater turtles, and tortoises, in16 eluding habitat loss, poaching of turtles or their 

17 eggs, and ·wildlife trafficking.". 

18 (B) DEFINITIONS.-Section 3 of the Ma19 rine Turtle Conservation Act of 2004 ( 16 

20 U.S.C. 6602) is amended21 (i) in paragraph (2)-

22 (I) in the matter preceding sub23 paragraph (A), by striking "nesting 

24 habitats of marine turtles in foreign 

25 countries and of marine turtles in 
38 


36312.021

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

21 

those habitats" and inserting "marine 

turtles, freshwater turtles, and tortoises, and the habitats of marine turtles, freshwater turtles, and tortoises, 

in foreign countries and territories of 

the United States under the jurisdiction of United States Fish and Wildlife Service progTams"; 

(II) in subparagraphs (A), (B), 

and (C), by striking "nesting" each 

place it appears; 

(III) in subparagraph (D)-

(aa) in the matter preceding 

clause (i), by striking "countries 

to-" and inserting "countries-

" 

(bb) in clause (i)-

(AA) by inserting "to" 

before "protect"; and 

(BB) by striking "nesting" each place it appears; 

and 

(cc) in clause (ii), by inserting "to" before "prevent"; 
39 


36312.022

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

22 

(IV) m subparagraph (E)(i), by 

striking "turtles on nesting habitat" 

and inserting ''turtles, freshwater turtles, and tortoises"; 

(V) in subparagraph CF'), by 

striking "turtles over habitat used by 

marine turtles for nesting" and inserting "turtles, freshwater turtles, and 

tortoises over habitats used by marine 

turtles, freshwater turtles, and tortoises"; and 

(VI) in subparagraph (H), by 

striking "nesting" each place it appears; 

(ii) by redesignating paragraphs (3), 

(4), (5), and (6) as paragraphs (4), (6), 

(7), and (8), respectively; 

(iii) by inserting before paragraph ( 4) 

(as so redesignated) the following: 

"(3) FRESHWATER TURTLE.-

"(A) IN GENERAL.-The term 'freshwater 

turtle' means any member of the family 

Carettochelyidae, Chelidae, Chelydridae, 

Dermatemydidae, Emydidae, Geoemydidae, 
40 


36312.023

23 

1 Kinosternidae, Pelomedusidae, Platysternidae, 

2 Podocnemididae, or Trionychidae. 

3 "(B) INCLUSIONS.-The term 'freshwater 

4 turtle' includes5 "(i) any part, product, egg, or off6 spring of a turtle described in subpara7 graph (A); and 

8 "(ii) a carcass of such a turtle."; 

9 (iv) by inserting after paragraph ( 4) 

10 (as so redesignated) the following: 

11 "(5) HABITAT.-'l'he term 'habitat' means any 

12 marine turtle, freshwater turtle, or tortoise habitat 

13 (including a nesting habitat) that is under the juris14 diction of United States Fish and Wildlife Service 

15 programs."; and 

16 (v) by inserting after paragraph (8) 

17 (as so redesignated) the following: 

18 "(9) 'l'ERRITOH.Y OI•' THE UNITED STATES.-

19 The term 'territory of the United States' means20 "(A) American Samoa; 

21 "(B) the Commonwealth of the Northern 

22 Mariana Islands; 

23 "(C) the Commonwealth of Puerto Rico; 

24 "(D) Guam; 

25 "(E) the United States Virgin Islands; and 
41 


36312.024

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

24 

"(F) any other territory or possession of 

the United States. 

"(10) TORTOISE.-

" (A) IN GENERAL.-The term 'tortoise' 

means any member of the family Testndinidae. 

"(B) lNCLUSIONS.-The term 'tortoise' ineludes-

"(i) any part, product, egg, or off. 

spring of a tortoise described in subparagraph (A); and 

"(ii) a carcass of such a tortoise.". 

(C) CONSERVATION ASSISTA.NCE.-Section 

4 of the Marine Turtle Conservation Act of 

2004 (16 U.S.C. 6603) is amended-

(i) in the section heading, by striking 

"MARINE TURTLE"; 

(ii) in subsection (a), by inserting ", 

freshwater turtles, or tortoises" after "marine turtles"; 

(iii) in subsection (b)(l)-

(1) in the matter preceding subparagraph (A), by inserting ", fresh-

·water turtles, or tortoises" after "marine turtles"; 
42 


36312.025

25 

(II) by striking subparagraph (A) 

2 and inserting the follmving: 

3 "(A) any wildlife management authority of 

4 a foreign country or territory of the United 

5 States that has •:v'ithin its boundaries marine 

6 turtle, freshwater turtle, or tortoise habitat, if 

7 the activities of the authority directly or indi8 rectly affect marine turtle, freshwater turtle, or 

9 tortoise conservation; or''; and 

10 (III) in subparagraph (B), by in11 serting ", freshwater turtles, or tor12 toises" after "marine turtles"; 

13 (iv) in subsection (e)(2), in each of 

14 subparagraphs (A) and (C), by inserting 

15 "and territory of the United States" after 

16 "each country"; 

17 (v) by striking subsection (d) and in18 serting the follo\ving: 

19 "(d) CRITERIA FOR APPROVAh-The Secretary may 

20 approve a project proposal under this section if the Sec21 retary determines that the project will help to restore, re22 cover, and sustain a viable population of marine turtles, 

23 freshwater turtles, or tortoises in the :v:vild by assisting· ef24 forts in a foreign country or territory of the United States 
43 


36312.026

26 

to implement a marine turtle, freshwater turtle, or tortoise 

2 conservation program."; and 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(vi) in subsection (e), by striking 

"marine turtles and their nesting habitats" 

and inserting "marine turtles, freshwater 

turtles, or tortoises and the habitats of 

marine turtles, freshwater turtles, or tortoises". 

(D) MARINE TURTLE CONSERVATION 

FUND.-Section 5 of the Marine Turtle Consen·ation Act of 2004 (16 U.S.C. 6604) is 

amended-

(i) m subsection (a)(2), by striking 

"section 6" and inserting "section 7 (a)"; 

and 

(ii) in subseetioll (b)(2), by striking 

"3 percent, or up to $80,000" and inserting "5 percent, or up to $150,000". 

(E) ADV1SORY GROUP.-Section 6(a) of 

the Marine Turtle Conservation Act of 2004 

(16 U.S.C. 6605(a)) is amended by inserting", 

freshwater turtles, or tortoises" after "marine 

turtles". 

(F) AU'l'HORIZATION OF APPROPRL\-

TJONS.-Section 7 of the JVIarine Turtle Con-
44 


36312.027

1 

2 

27 

servation Act of 2004 (16 U.S.C. 6606) 1s 

amended to read as follows: 

3 "SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

4 "(a) IN GENERAL.-There is authorized to be q,ppro5 priated to the :F'und $5,000,000 for each of fiscal years 

6 2020 through 2024. 

7 "(b) ALLOCATION.-Of the amounts made available 

8 for each fiscal year pursuant to subsection (a)-

9 "(1) not less than $1,510,000 shall be used by 

10 the Secretary for marine turtle conservation pur11 poses in accordance with this Act; and 

12 "(2) of the amounts in excess of the amount de13 scribed in paragraph (1), not less than 40 percent 

14 shall be used by the Secretary for freshwater turtle 

15 and tortoise conservation purposes in accordance 

16 with this Aet.". 

17 (d) PRIZE COl\IPETITIONS.-

18 

19 

20 

21 

22 

23 

24 

25 

(1) DEI<'INITIONS.-In this subsection: 

(A) NoN-FEDEH.AIJ I<~UNDS.-The term 

"non-Federal f·unds" means funds provided 

by-

(i) a State; 

(ii) a territory of the United States; 

(iii) 1 or more units of local or tribal 

government; 
45 


36312.028

2 

3 

4 

5 

6 

7 

8 

28 

(iv) a private for-profit entity; 

(v) a nonprofit organization; or 

(vi) a private individual. 

(B) SECRI<:TARY.-The term "Secretary" 

means the Secretary, acting through the Director of the United States Fish and Wildlife Service. 

(C) WILDLIFE.-The term "wildlife" has 

9 the meaning gi\'en the term in section 8 of the 

10 Fish and Wildlife Coordination Act (16 U.S.C. 

11 666b). 

12 (2) THEODORE ROOSEVEL'r GENIUS PRIZE FOR 

13 PREv'ENTION OF \V1LDLIFE POACHING AND TRAF14 FICKING.-

15 (A) DEFINITIONS.-In this paragraph: 

16 (i) BOARD.-The term "Board" 

17 means the Prevention of Wildlife Poaching· 

18 and Trafficking Technology Advisory 

19 Board established by subparagraph (C)( i). 

20 (ii) PRIZE COMPET1TION.-The term 

21 "prize competition" means the 'rheodore 

22 Roosevelt Genius Prize for the prevention 

23 of vvildlife poaching and trafficking estab24 lished under subparagraph (B). 
46 


36312.029

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

29 

(B) AUTHOHITY.-Not later than 180 days 

after the date of enactment of this Act, the Secretar:y shall establish under section 24 of the 

Stevenson-Wydler Teehnology Innovation Act of 

1980 (15 U.S.C. 3719) a prize competition, to 

be knovvn as the "Theodore Roosevelt Genius 

Prize for the prevention of wildlife poaching 

and trafficking"-

(i) to eneourage teehnological innovation with the potential to advance the mission of the United States :fi~ish and Wildlife 

Service with respect to the prevention of 

wildlife poaching and trafficking; and 

(ii) to award 1 or more prizes annually for a technological advancement that 

prevents wildlife poaching and trafficking. 

(C) ADVISORY BOARD.-

(i) ESTABLISHMEN'f.-There is established an advisory board, to be known as 

the "Prevention of Wildlife Poaching and 

Trafficking Technology Advisory Board". 

(ii) COMPOSI'riON.-The Board shall 

be composed of not fewer than 9 members 

appointed by the Secretary, who shall provide e1.'J)ertise in-
47 


36312.030

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

30 

(I) wildlife trafficking and trade; 

(II) wildlife conservation and 

management; 

(III) biology; 

(IV) technology development; 

(V) engineering; 

(VI) economics; 

(VII) business development and 

management; and 

(VIII) any other discipline, as the 

Secretary determines to be necessary 

to achieve the purposes of this paragraph. 

(iii) DU'l'IES.-Subject to clause (iv), 

with respect to the prize competition, the 

Board shall-

(I) select a topic; 

(II) issue a problem statement; 

(III) advise the Secretary regardmg any opportunity for technological 

innovation to prevent wildlife poaching 

and trafficking; and 

(fV) advise winners of the pnze 

competition regarding opportunities to 

pilot and implement winning tech-
48 


36312.031

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

31 

nologies in relevant fields, including in 

partnership vvith conservation organizations, Federal or State agencies, 

federally recognized Indian tribes, private entities, and research institutions 

vvith expertise or interest relating to 

the prevention of wildlife poaching 

and trafficking. 

(iv) CONSULTATION.-In selecting a 

topic and issuing a problem statement for 

the prize competition under subclauses (I) 

and (II) of clause (iii), respectively, the 

Board shall consult widely vvith Federal 

and non-B'ederal stakeholders, including-

(I) 1 or more Federal agencies 

with jurisdietion over the prevention 

of wildlife poaching and trafficking; 

(II) 1 or more State agencies 

with jurisdiction over the prevention 

of -vvildlife poaching and trafficking; 

(III) 1 or more State, regional, 

or local wildlife organizations, the 

mission of which relates to the prevention of 1vildlife poaching and trafficking; and 
49 


36312.032

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

32 

(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of 

higher education, industry associations, or individual stakeholders with 

an interest in the prevention of ''~ldlife poaching and trafficking. 

(v) RgQmRgMENTS.-rrhe Board 

shall comply v~th all requirements under 

paragraph (7)(A). 

(D) AGREEMENT WITH NA1'IONAL FISH 

AND WILDLIF'E FOUNDATION.-

(i) IN GENERAL.-The Secretary shall 

offer to enter into an agreement under 

which the National Fish and Wildlife 

Foundation shall administer the prize competition. 

(ii) REQUIREMENTS.-An agreement 

entered into under elause (i) shall comply 

vvith all requirements under paragraph 

(7)(B). 

(E) JUDGES.-

(i) APPOINTMENT.-The Secretary 

shall appoint not fewer than 3 judges who 

shall, except as provided in clause (ii), se-
50 


36312.033

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

33 

lect the 1 or more ammal winners of the 

prize competition. 

(ii) DETERMINATION BY SECRETARY.-The judges appointed under 

clause (i) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any 

fiscal year, none of the technological advancements entered into the prize competition merits an award. 

(:B') REPORT TO CONGRESS.-Not later 

than 60 days after the date on which a cash 

prize is awarded under this paragraph, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and 

the Committee on Natural Resources of the 

House of Representatives a report on the prize 

competition that includes-

(i) a statement by the Board that describes the acti'\~ties carried out by the 

Board relating to the duties described in 

subparagraph (C)(iii); 

(ii) if the Secretary has entered into 

an agreement under subparagraph (D)(i), 

a statement by the National Pish and 
51 


36312.034

34 

Wildlife Foundation that describes the ae2 tivities carried out by the National Fish 

3 and \Vildlife l<'oundation relating to the du4 ties described in paragraph (7)(B); and 

5 (iii) a statement by 1 or more of the 

6 judges appointed under subparagraph (E) 

7 that e:.'})lains the basis on which the winner 

8 of the cash prize was selected. 

9 (G) TERMINATION OF AUTHOIUTY.-The 

10 Board and all authority provided under this 

11 paragraph shall terminate on December 31, 

12 2023. 

13 (3) THEODORE ROOSEVEL'l' GENIUS PRIZE FOR 

14 PROMOTION OF Vv'ILDIJIFE CONSERVATION.-

15 (A) DEFINITIONS.-In this paragraph: 

16 (i) BOARD.-The term "Board" 

17 means the Promotion of Wildlife Conserva18 tion Technology Advisory Board estab19 lished by subparagraph (C)(i). 

20 (ii) PRIZE COMPETITION.-The term 

21 "prize competition" means the Theodore 

22 Roosevelt Genius Prize for the promotion 

23 of ·wildlife conserYation established under 

24 subparagTaph (B). 
52 


36312.035

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

35 

(B) AUTHOI-tiTY.-Not later than 180 days 

after the date of enactment of this Act, the Secretary shall establish under section 24 of the 

Stevenson-Wydler Teelmology Innovation Act of 

1980 (15 U.S.C. 3719) a prize competition, to 

be known as the "Theodore Roosevelt Genius 

Prize for the promotion of wildlife conservation"-

(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and \Vildlife 

Service with respect to the promotion of 

wildlife conservation; and 

(ii) to award 1 or more prizes annually for a teelmologieal advancement that 

promotes wildlife consermtion. 

(C) ADVISORY BOARD.-

(i) ESTABLISHMENT.-There is established an advisory board, to be known as 

the "Promotion of Wildlife Conservation 

Technology Advisory Board". 

(ii) COMPOSITION.-The Board shall 

be composed of not fewer than 9 members 

appointed by the Secretary, who shall provide expertise in-
53 


36312.036

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

36 

(I) wildlife conservation and 

management; 

(II) biology; 

(III) technology development; 

(IV) engineering; 

(V) economics; 

CV1) business development and 

management; and 

(VII) any other discipline, as the 

Secretary determines to be necessary 

to achieve the purposes of this paragraph. 

(iii) DUTIES.-Subject to clause (iv), 

with respect to the prize competition, the 

Board shall-

(I) select a topic; 

(II) issue a problem statement; 

(III) advise the Secretary regarding any opportunity for technological 

innovation to promote wildlife conservation; and 

(IV) advise winners of the pnze 

competition regarding opportunities to 

pilot and implement winning technologies in relevant fields, including in 
54 


36312.037

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8 

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partnership with conservation organizations, Federal or State ag·encies, 

federally recognized Indian tribes, private entities, and research institutions 

with expertise or interest relating to 

the promotion of '"'ildlife conservation. 

(iv) CONSLJLTA'l'ION.-In selecting a 

topic and issuing a problem statement for 

the prize competition under subclauses (I) 

and (II) of clause (iii), respectively, the 

Board shall consult widely with Federal 

and non-Federal stakeholders, including-

(!) 1 or more Federal agencies 

with jurisdiction over the promotion of 

wildlife conservation; 

(II) 1 or more State agencies 

'~ith jurisdiction over the promotion of 

vvildlife conservation; 

(III) 1 or more State, regional, 

or local wildlife organizations, the 

mission of which relates to the promotion of wildlife conservation; and 

(IV) 1 or more '~ildlife conservation groups, technology companies, research institutions, institutions of 
55 


36312.038

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3 

4 

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8 

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11 

12 

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19 

20 

21 

22 

23 

24 

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higher education, industry associations, or indi-vidual stakeholders \vi.th 

an interest in the promotion of wildlife conservation. 

(v) REQUIREMENTS.-The Board 

shall comply with all requirements under 

paragraph (7)(A). 

(D) AGREEMENT \V1TH NATIONAL FISH 

AND WILDBFE FOUNDATION.-

(i) IN GENERAL.-The Secretary shall 

offer to enter into an agreement under 

which the National Fish and Wildlife 

Foundation shall administer the prize competition. 

(ii) REQUIREMENTS.-An agreement 

entered into under clause (i) shall comply 

with all requirements under paragraph 

(7)(B). 

(E) JUDGES.-

(i) APPOINTMEN'l'.-The Secretary 

shall appoint not fewer than 3 judges who 

shall, except as provided in clause (ii), select the 1 or more annual ·winners of the 

prize competition. 
56 


36312.039

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3 

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12 

13 

14 

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16 

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19 

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(ii) DE'l'ER.MINATION BY SECRETARY.-The judges appointed under 

clause (i) shall not select any annual winner of the prize competition if the Secretary i11akes a determination that, in any 

fiscal year, none of the technological advancements entered into the prize competition merits an award. 

(F) REPORT TO CONGRESS.-Not later 

than 60 days after the date on which a cash 

prize is awarded under this paragraph, the Secretary shall subrnit to the Committee on Environment and Public Works of the Senate and 

the Committee on Natural Hesources of the 

House of Representatives a report on the prize 

competition that includes-

(i) a statement by the Board that describes the activities carried out by the 

Board relating to the duties described in 

subparagraph (C)(iii); 

(ii) if the Secretary has entered into 

an agreement under subparagraph (D)(i), 

a statement by the National Fish and 

Wildlife Foundation that describes the activities carried out by the National Fish 
57 


36312.040

40 

1 and Wildlife Foundation relating to the du2 ties described in paragraph (7)(B); and 

3 (iii) a statement by 1 or more of the 

4 judges appointed under subparagraph (E) 

5 that explains the basis on which the winner 

6 of the cash prize was selected. 

7 (G) TERMINATION OF AUTHORITY.-The 

8 Board and all authority provided under this 

9 paragraph shall terminate on December 31, 

10 2023. 

11 (4) 'l'HEODORE ROOSEVELT GENIUS PRIZE FOR 

12 JVLA1"\JAGEl\IENT OF IJ\T\'ASIVE SPECIES.-

13 (A) DEFINITIONS.-ln this paragraph: 

14 (i) BOARD.-The term "Board" 

15 means the Management of Invasive Speeies 

16 Teehnology Advisory Board established by 

17 subparagraph (C)( i). 

18 (ii) PRIZE COMPETITION.-The term 

19 "prize compebtion" means the Theodore 

20 Roosevelt Genius Prize for the manage21 ment of invasive species established under 

22 subparagTaph (B). 

23 (B) AUTHORITY.-Not later than 180 days 

24 after the date of enactment of this Act, the Sec25 retary shall establish under section 24 of the 
58 


36312.041

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3 

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18 

19 

20 

21 

22 

23 

24 

25 

41 

Stevenson-\Vydler rreclmology Innovation Act of 

1980 (15 U.S.C. 3719) a prize competition, to 

be known as the "Theodore Roosevelt Genius 

Prize for the management of invasive species"-

(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife 

Service with respect to the management of 

invasive species; and 

(ii) to award 1 or more prizes annually for a technological advancement that 

manages invasive species. 

(C) ADVISORY BOARD.-

(i) ESTA.BLISHMENT.-There is established an advisory board, to be known as 

the "Management of Invasive Species 

Technology Advisory Board". 

(ii) COMPOSITION.-The Board shall 

be composed of not fewer than 9 members 

appointed by the Secretary, who shall provide expertise in-

(I) invasive species; 

(II) biology; 

(III) technology development; 
59 


36312.042

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(f'IT) engineering; 

(V) economics; 

(VI) business development and 

management; and 

(VII) any other discipline, as the 

Secretary determines to be necessary 

to achieve the purposes of this paragraph. 

(iii) DGTIES.-Subject to clause (iv), 

with respect to the prize competition, the 

Board shall-

(I) select a topic; 

(II) issue a problem statement; 

(III) advise the Secretary regarding any opportunity for technological 

innovation to manage invasive speeies; 

and 

(f'IT) advise ·winners of the prize 

emnpetition regarding opportunities to 

pilot and implement 1vinning technologies in relevant fields, including in 

partnership with conservation organizations, Federal or State agencies, 

federally recognized Indian tribes, private entities, and research institutions 
60 


36312.043

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2 

3 

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5 

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8 

9 

10 

11 

12 

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19 

20 

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24 

25 

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with expertise or interest relating to 

the management of invasive species. 

(iv) CONSULTATION.-In selecting a 

topic and issuing a problem statement for 

the prize competition under subclauses (I) 

and (II) of clause (iii), respectively, the 

Board shall consult widely with Federal 

and non-:F'ederal stakeholders, including-

(!) 1 or more Federal agencies 

with jurisdiction over the management 

of invasive species; 

(II) 1 or more State agenc1es 

with jurisdiction over the management 

of invasive species; 

(III) 1 or more State, regional, 

or local wildlife organizations, the 

mission of which relates to the management of invasive species; and 

(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of 

higher education, industry associations, or individual stakeholders with 

an interest in the management of 

invasive species. 
61 


36312.044

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11 

12 

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(v) REQUIREMEI\TS.-The Board 

shall comply vlith all requirements under 

paragraph (7)(A). 

(D) AGREEMl~l\'l' WITH NA'l'IO>JAL FISH 

AND \VILDLIFE FOUNDATION.-

(i) IN GENERAL.-The Secretary shall 

offer to enter into an agreement under 

which the National Fish and Wildlife 

Foundation shall administer the prize competition. 

(ii) REQUIREMENTS.-An agreement 

entered into under clause (i) shall comply 

with all requirements under paragraph 

(7)(B). 

(E) JUDGES.-

(i) APPOINTMENT.-The Secretary 

shall appoint not fewer than 3 judges who 

shall, except as provided in clause (ii), select the 1 or more annual winners of the 

prize competition. 

(ii) DETERMINATION BY SECHETARY.-The judges appointed under 

clause (i) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any 
62 


36312.045

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2 

3 

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8 

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12 

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21 

22 

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24 

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fiscal year, none of the technological advancements entered into the prize competition merits an award. 

(F) RI<::PORT TO CONGRI<::SS.-Not later 

than 60 days after the date on which a cash 

prize is awarded under this paragraph, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and 

the Committee on Natural Resources of the 

House of Representatives a report on the prize 

competition that includes-

(i) a statement by the Board that describes the activities earried out by the 

Board relating to the duties described in 

subparagraph (C)(iii); 

(ii) if the Secretary has entered into 

an agreement under subparagraph (D)(i), 

a statement by the National Fish and 

Wildlife Foundation that describes the activities earried out by the National Fish 

and Wildlife Foundation relating to the duties described in paragraph (7)(B); and 

(iii) a statement by 1 or more of the 

judges appointed under subparagraph (E) 
63 


36312.046

46 

1 that explains the basis on which the winner 

2 of the cash prize was selected. 

3 (G) TERMI:\'A'l'ION OF AUTHORITY.-The 

4 Board and all authority provided under this 

5 paragTaph shall terminate on December 31, 

6 2023. 

7 (5) THEODORE ROOSEVELT GENIUS PRIZE FOR 

8 PROTIDCTTON OF END.Al'\TGEHED SPECIES.-

9 (A) DEFI:\'ITIONS.-ln this paragraph: 

10 (i) BOARD.-The term "Board" 

11 means the Protection of Endangered Spe12 cies Technology Advisory Board estab13 lished by subparagraph (C)(i). 

14 (ii) PRIZE COMPETITION.-The term 

15 "prize competition" means the Theodore 

16 Roosevelt Genius Prize for the proteetion 

17 of endangered species established under 

18 subparagTaph (B). 

19 (B) AUTHORITY.-Not later than 180 days 

20 after the date of enaetment of this Act, the Sec21 retary shall establish under section 24 of the 

22 Stevenson-Wydler Tedmology Innovation Act of 

23 1980 (15 U.S.C. 3719) a prize competition, to 

24 be known as the "Theodore Roosevelt Genius 
64 


36312.047

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20 

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22 

23 

24 

47 

Prize for the protection of endangered species"-

(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife 

Service vvith respect to the protection of 

endangered species; and 

(ii) to award 1 or more prizes annually for a technological advancement that 

proteets endangered speeies. 

(C) A!JV1SORY BOAHD.-

(i) EsT"'\BLISHMENT.-There is established an advisory board, to be known as 

the "Protection of Endangered Species 

Technology Advisory Board". 

(ii) COMPOSITION.-The Board shall 

be composed of not fewer than 9 members 

appointed by the Seeretary, who shall provide expm1.ise in-

(I) endangered species; 

(II) biology; 

(III) technology development; 

(IV) engineering; 

(V) economics; 
65 


36312.048

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25 

48 

(V1) business development and 

management; and 

(VII) any other discipline, as the 

Secretary determines to be necessary 

to achieve the puq)oses of this paragraph. 

(iii) DUTIES.-Subject to clause (iv), 

with respect to the prize competition, the 

Board shall-

(I) select a topic; 

(II) issue a problem statement; 

(III) aclirise the Secretary regardmg any opportunity for teehnological 

innovation to protect endangered species; and 

(IV) advise ·winners of the prize 

eompetition regarding opportunities to 

pilot and implement winning technologies in relevant fields, including in 

partnership with conservation organizations, Federal or State agencies, 

federally reeog11ized Indian tribes, private entities, and research institutions 

with e:x1Jertise or interest relating to 

the protection of endaugered species. 
66 


36312.049

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20 

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49 

(iv) COKSULTATION.-ln selecting a 

topic and issuing a problem statement for 

the prize competition under subclauses (I) 

and (II) of clause (iii), respectively, the 

Board shall consult widely \'lith F~ederal 

and non-Federal stakeholders, including-

(I) 1 or more Federal agencies 

with jurisdiction over the protection of 

endangered species; 

(II) 1 or more State agencies 

with jurisdiction nver the protection of 

endangered species; 

(III) 1 or more State, regional, 

or local wildlife organizations, the 

mission of which relates to the protectiou of endangered species; and 

(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of 

higher education, industry associations, or individual stakeholders \Vith 

an interest in the protection of endangered species. 
67 


36312.050

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(v) REQUIREMENTS.-The Board 

shall comply >vith all requirements under 

paragraph (7)(A). 

(D) AGREEMENT vVITH NATIONAL FISH 

AND WIIJDLIFE FOUNDATION.-

(i) IN GENERAL.-The Secretary shall 

offer to enter into an agreement under 

which the National .F'ish and Wildlife 

Foundation shall administer the prize competition. 

(ii) REQUIREMENTS.-An agreement 

entered into under clause (i) shall comply 

with all requirements under paragraph 

(7)(B). 

(E) JUDGES.-

(i) APPOINTMENT.-The Seeretary 

shall appoint not fewer than 3 judges who 

shall, except as pro-vided in clause (ii), select the 1 or more annual winners of the 

prize competition. 

(ii) DETERMINATION BY SECRETAI~Y.-The judges appointed under 

clause (i) shall not select any annual -vvinner of the prize competition if the Secretary makes a determination that, in any 
68 


36312.051

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fiscal year, none of the technological advancements entered into the prize competition merits an award. 

(F) REPORT TO CONGRESS.-Not later 

than 60 days after the date on which a cash 

prize is awarded under this paragraph, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and 

the Committee on Natural Resources of the 

House of Representatives a report on the prize 

competition that includes-

(i) a statement by the Board that describes the activities carried out by the 

Board relating to the duties described in 

subparagTaph (C)(iii); 

(ii) if the Secretary has entered into 

an agreement under subparagTaph (D)(i), 

a statement by the National Fish and 

Wildlife Foundation that describes the activities carried out by the National Fish 

and Wildlife Foundation relating to the duties described in paragTaph (7)(B); and 

(iii) a statement by 1 or more of the 

judges appointed under subparagraph (E) 
69 


36312.052

52 

that explains the basis on -vvhiel1 the winner 

2 of the cash prize was selected. 

3 (G) TEEl\1IKATION OF AUTHORITY.-The 

4 Board and all authority provided under this 

5 paragTaph shall terminate on December 31, 

6 2023. 

7 (6) THEODORE ROOSEVEiil' GENIUS PHJZE !<'OR 

8 KONLETHAL l\1ANAGEMENT OF HUM..A.:"\1-WII~DLIFE 

9 CONFLICTS.-

10 (A) DEFINI'l'IONS.-In this paragraph: 

11 (i) BOARD.-The term "Board" 

12 means the Nonlethal Management of 

13 Human-\Vildlife Conf1icts Technology Advi14 sory Board established by subparagraph 

15 (C)(i). 

16 (ii) PEIZE COMPETITION.-'l'he term 

17 "prize competition" means the Theodore 

18 B,oosevelt Genius Prize for the nonlethal 

19 management of human-wildlife conflicts es20 tablished under subparagraph (B). 

21 (B) AUTl-IOEITY.-Not later than 180 days 

22 after the date of enactment of this Act, the See23 retary shall establish under section 24 of the 

24 Stevenson-\Vydler Technology Innovation Act of 

25 1980 (15 U.S.C. 3719) a prize competition, to 
70 


36312.053

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3 

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18 

19 

20 

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22 

23 

24 

53 

be known as the "'rheodore Roosevelt Genius 

Prize for the nonlethal management of humanlvildlife conflicts"-

(i) to encourage teehnological innovation with the potential to advance the mission of the United States Fish and Wildlife 

Service with respect to the nonlethal management of human-\vildlife conflicts; and 

(ii) to award 1 or more prizes annually for a teclmological advancement that 

promotes the nonlethal management of 

human-wildlife conflicts. 

(C) AFV1SORY BOARD.-

(i) ESTABLISHMENT.-There is established an advisory board, to be known as 

the "Nonlethal Management of HumanWildlife Conflicts Technology Advisory 

Board". 

(ii) COMPOSITION.-The Board shall 

be composed of not fe·wer than 9 members 

appointed by the Secretary, who shall pro-

\~de expertise in-

(1) nonlethal ~Vildlife management; 
71 


36312.054

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(II) social aspects of human-vvildlife conflict management; 

(III) biology; 

(IV) technology development; 

(V) engineering; 

(VI) economics; 

(VII) business development and 

management; and 

(VIII) any other discipline, as the 

Secretary determines to be necessary 

to achieve the purposes of this paragraph. 

(iii) DU'l'IES.-Subject to clause (iv), 

with respect to the prize competition, the 

Board shall-

(I) select a topic; 

(II) issue a problem statement; 

(III) advise the Secretary regardmg any opportunity for teelmological 

innovation to promote the nonlethal 

management of human-vvildlife conflicts; and 

(IV) advise winners of the pnze 

competition regarding opportunities to 

pilot and implement winning tech-
72 


36312.055

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nologies in relevant fields, ineluding in 

partnership -vvith conservation organizations, Federal or State agencies, 

federally recognized Indian tribes, private entities, and research institutions 

vi'ith expertise or interest relating to 

the nonlethal management of humanwildlife conflicts. 

(iv) CoKSUIIl'ATIOI\.-In selecting a 

topic and issuing a problem statement for 

the prize competition under subclauses (I) 

and (II) of subparagraph (C), respectively, 

the Board shall consult widely with Federal and non-Federal stakeholders, includmg-

(I) 1 or more Federal ag·eneies 

·with jurisdiction over the management 

of native wildlife species at risk due to 

conflict with human activities; 

(II) 1 or more State agencies 

with jurisdiction over the management 

of native wildlife species at risk due to 

conflict ~rith human activities; 

(III) 1 or more State, regional, 

or local wildlife organizations, the 
73 


36312.056

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mission of which relates to the management of native wildlife species at 

risk due to conflict with human activities; and 

(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of 

higher education, industry associations, or individual stakeholders 1vith 

an interest in the management of native wildlife species at risk due to conflict with human activities. 

(v) REQUIREMENTS.-The Board 

shall comply with all requirements under 

paragraph (7)(A). 

(D) AGREEMENT WI'l'H NA'I'IONAI" FISH 

AND WILDUFE I<'OUNDATION.-

(i) IN GENERAL.-The Secretary shall 

offer to enter into an agreement under 

which the National Fish and Wildlife 

Foundation shall administer the prize competition. 

(ii) REQOIRE:tlilll'\TS.-An agreement 

entered into under clause (i) shall comply 
74 


36312.057

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57 

with all requirements under paragraph 

(7)(B). 

(E) JUDGES.-

(i) APPOH\TMENT.-The Secretary 

shall appoint not fewer than 3 judges who 

shall, except as provided in clause (ii), select the 1 or more annual winners of the 

prize competition. 

(ii) DETERl\1INA'l'ION BY SECRETARY.-The judges appointed under 

clause (i) shall not select any annual -vvinner of the prize competition if the Secretary makes a determination that, in any 

fiscal year, none of the technological advancements entered into the prize competition merits an award. 

(F) REPORT '1'0 CONGRESS.-Not later 

than 60 days after the date on which a cash 

prize is awarded under this paragraph, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and 

the Committee on Natural Resources of the 

House of Representatives a report on the prize 

competition that includes-
75 


36312.058

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3 

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58 

(i) a statement by the Board that describes the activities carried out by the 

Board relating to the duties described in 

subparagraph (C)(iii); 

(ii) if the Secretary has entered into 

an agreement under subparagraph (D) (i), 

a statement by the National Fish and 

Wildlife Foundation that describes the activities carried out by the N a tiona! Fish 

and Wildlife Foundation relating to the duties described in paragraph (7)(B); and 

(iii) a statement by 1 or more of the 

judges appointed under subparagraph (E) 

that e:-q1lains the basis on which the winner 

of the cash prize was selected. 

(G) TERMINATIO:-J 01<' AUTHOlUTY.-The 

Board and all authority provided under this 

paragraph shall terminate on December 31, 

2023. 

(7) AD:\1INISTRATION OF PRIZE COl\IPETl21 TIONS.-

22 (A) ADDITIONAL REQUIREMENTS POR AD23 VISORY BOARDS.-An advisory board estab24 lishcd under paragraph (2)(C)(i), (3)(C)(i), 

25 (4)(C)(i), (5)(C)(i), or (6)(C)(i) (referred to in 
76 


36312.059

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59 

this paragraph as a "Board") shall comply with 

the follo-wing requirements: 

(i) TERM; VACA..L~CIES.-

(1) TERM.-A member of the 

Board shall serve for a term of 5 

years. 

(II) VACANCIES.-A vacancy on 

the Board-

(aa) shall not affect the 

powers of the Board; and 

(bb) shall be filled in the 

same manner as the original appointment was made. 

(ii) INITIAL MEETING.-Not later 

than 30 days after the date on which all 

members of the Board have been appointed, the Board shall hold the initial 

meeting of the Board. 

(iii) lVIEI~"l'I:-JGS.-

(1) IN GENERAL.-The Board 

shall meet at the call of the Chairperson. 

(II) REMOTE PARTICIPATION.-

(aa) IN GENERil.L.-Any 

member of the Board rnay par-
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36312.060

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tieipate m a meeting of the 

Board through the use of-

(AA) teleconferencing; 

or 

(BB) any other remote 

business telecommunications 

method that allows each 

participating member to simultaneously hear each 

other participating member 

during the meeting. 

(bb) PRESENCE.-A member 

of the Board who participates in 

a meeting remotely under item 

( aa) shall be considered to be 

present at the meeting. 

(iv) QUORUl\1.-A majority of the 

members of the Board shall constitute a 

quorum, but a lesser number of members 

may hold a meeting. 

(v) CHAJIU'ERSON Ac."\'D VICE CHAIHPERSO:-.l .-The Board shall select a Chairperson and Vice Chairperson from among 

the members of the Board. 
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36312.061

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(vi) ADMINISTRATIVE COST REDUCTI0:\1.-The Board shall, to the maximum 

extent practicable, minimize the administrative costs of the Board, iueluding by encouraging the remote participation described in clause (iii)(Il)(aa) to reduce 

travel costs. 

(B) AGREEMENTS WITT-I NATIONAL FISH 

AND WILDLIFE FOLTNDATION .-Any agTeement 

entered into under paragraph (2)(D)(i), 

(3)(D)(i), (4)(D)(i), (5)(D)(i), or (6)(D)(i) shall 

comply with the follovv'"ing requirements: 

(i) D1T'rms.-An agreemeut shall proviue that the Nationa.l Fish and Wildlife 

Foundation shall-

(!) advertise the pnze competition; 

(II) solicit prize competition partieipants; 

(III) administer funds relating to 

the prize competition; 

(IV) receive Federal funds-

(aa) to administer the pnze 

competition; and 

(bb) to award a cash prize; 
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36312.062

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(V) carry out activities to generate contributions of non-Federal 

funds to offset, in whole or in part-

(aa) the administrative costs 

of the prize competition; and 

(bb) the costs of a cash 

pnze; 

CVI) in consultation 'Nith, and 

subject to final approval by, the Secretary, develop criteria for the selection of prize competition winners; 

CVII) provide advice and consultation to the Secretary on the selection of judges under paragraphs 

(2)(E), (3)(E), (4)(E), (5)(E), and 

( 6 )(E) based on criteria developed in 

consultation with, and subject to the 

final approval of, the Secretary; 

(VIII) announce 1 or more annual 1vinncrs of the prize competition; 

(IX) subject to clause (ii), award 

1 cash prize annually; aud 

(X) protect against unauthorized 

use or disclosure by the National Fish 

and Wildlife Foundation of any trade 
80 


36312.063

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

63 

secret or confidential business information of a prize competition participant. 

(ii) ADDI'l'IONAL CASH PRIZES.-An 

agreement shall provide that the National 

Fish and Wildlife Foundation may award 

more than 1 cash prize annually if the initial cash prize referred to in clause (i) (IX) 

and any additional cash prize are awarded 

using only non-Federal funds. 

(iii) SOLICITATION OF FUNDS.-An 

agreement shall provide that the National 

Fish and Wildlife Foundation-

(!) may request and accept Peelera! funds and non-Federal funds for 

a cash prize; 

(II) may accept a contribution 

for a eash prize in exehangc for the 

rigllt to name the prize; and 

(III) shall not give special consideration to any Federal agency or nonFederal entity iu exchange for a donation for a cash prize awarded under 

this subsection. 

(C) AWARD Al\IOUN'l'S.-
81 


36312.064

2 

3 

4 

5 

6 

7 

8 

9 

64 

(i) IN GE~ERAL.-The amount of the 

initial cash prize referred to in subparagraph (B)(i)(IX) shall be $100,000. 

(ii) ADDITIONAL CASH PRIZES.-On 

notification by the National Fish and Wildlife Foundation that non-Federal funds are 

available for an additional cash prize, the 

Secretary shall determine the amount of 

the additional cash prize. 
82 


36312.065

116TH CONGRESS 

1ST SESSION S.l63 

To prevent catastrophic failure or shutdown of remote diesel power engines 

clue to emission control devices, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 16, 2019 

II 

Mr. SULLIVAN (for himself and Ms. MURE:OWSKI) introduced the following 

bill; which was read twice and referred to the Committee on Environment 

and Public Works 

A BILL 

To prevent catastrophic failure or shutdown of remote diesel 

power engines due to emission control devices, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the "Alaska Remote Gener5 a tor Reliability and Protection Act". 

6 SEC. 2. REVISION OF REGULATIONS REQUIRED. 

7 (a) IN GENER.AL.-The Administrator of the Envi8 ronmental Protection Agency shall revise section 

9 60.4216(c) of title 40, Code of Federal Regulations (as 
83 


36312.066

2 

1 in effect on the date of enactment of this Act), by striking 

2 "that was not certified" and all that follows through 

3 "compared to engine-out emissions" and inserting "must 

4 have that engine certified as meeting at least Tier 3 PM 

5 standards". 

6 (b) EMISSIONS Al\lD ENERGY REI,IABILITY STUDY.-

7 Not later than 1 year after the date of enactment of this 

8 Act, the Administrator of the Environmental Protection 

9 Agency, in consultation with the Secretary of Energy, 

10 shall submit to the Committee on Environment and Public 

11 Works of the Senate and the Committee on Energy and 

12 Commerce of the House of Representatives a report as13 sessing options for the Federal Government to assist re14 mote areas in the State of Alaska in meeting the energy 

15 needs of those areas in an affordable and reliable manner 

16 using17 ( 1) existing emissions control technology; or 

18 (2) other technology that achieves emissions re19 ductions similar to the technology described in para20 graph (1). 

0 

•S 163 IS 
84 


36312.067

116TH CONGRESS 

1ST SESSION S.94 

II 

To amend the Pittman-Robertson Wildlife Restoration Act to facilitate the 

establishment of additional or e},:panded public target ranges in certain States. 

IN THE SENATE OF THE UNITED STATES 

JANUAJ\Y 10, 2019 

Mrs. CAPITO (for herself, Mr. BENNET, Mr. BoOZlVLAl'>i, Mr. CR.\PO, Ms. 

ERNST, l\Ir. KING, l\1r. ~'<CHIN, l\Ir. RISCH, l\Ir. ROUNDS, and Mr. 

SULLIVAN) introduced· the follol'ing bill; which was read h1ice and referred to the Committee on Environment and Public Works 

A BILL 

To amend the Pittman-Robertson Wildlife Restoration Act 

to facilitate the establishment of additional or expanded 

public target ranges in certain States. 

Be it enacted by the Senate and House of Rep?·esenta2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the "Target Practice and 

5 Marksmanship Training Support Act". 

6 SEC. 2. FINDINGS; PURPOSE. 

7 (a) FINDIKGS.-Congress finds that8 (1) the use of firearms and archery equipment 

9 for target praetiee and marksmanship training ac-
85 


36312.068

2 

1 tivities on Federal land is allowed, except to the ex2 tent specific portions of that land have been closed 

3 to those activities; 

4 (2) in recent years preceding the date of enact5 ment of this Act, portions of Federal land have been 

6 closed to target practice and marksmanship training 

7 for many reasons; 

8 (3) the availability of public target ranges on 

9 non-Federal land has been declining for a variety of 

10 reasons, including continued population growth and 

11 development near former ranges; 

12 ( 4) providing opportunities for target practice 

13 and marksmanship training at public target ranges 

14 on Federal and non-Federal land can help15 (A) to promote enjoyment of shooting, rec16 reatioual, and hunting activities; and 

17 (B) to ensure safe and convenient locations 

18 for those activities; 

19 ( 5) Federal law in effect on the date of enact20 ment of this Act, including the Pittman-Robertson 

21 Wildlife Restoration Act (16 U.S.C. 669 et seq.), 

22 provides Federal support for eonstruction and ex23 pansion of public target ranges by making available 

24 to States amounts that may be used for construe-

•S 94 IS 
86 


36312.069

3 

1 tion, operatiou, and maintenance of public target 

2 rang·es; and 

3 ( 6) it is m the public interest to provide in4 creased Federal support to facilitate the construction 

5 or e}.'})ansion of public target ranges. 

6 (b) PURPOSE.-The purpose of this Act is to facili7 tate the construction and expansion of public target 

8 ranges, including ranges on Federal land managed by the 

9 Forest Service and the Bureau of Land Management. 

10 SEC. 3. DEFINITION OF PUBLIC TARGET RANGE. 

11 In this Act, the term "public target range" means 

12 a specific location that13 (1) is identified by a governmental agency for 

14 recreational shooting; 

15 (2) is open to the public; 

16 (3) may be supervised; and 

17 ( 4) may accommodate archery or rifle, pistol, or 

18 shotgun shooting. 

19 SEC. 4. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE 

20 RESTORATION ACT. 

21 (a) DEFINITIONS.-Section 2 of the Pittman-Robert22 son Wildlife Restoration Act (16 U.S.C. 669a) is amend23 ed24 

25 

(1) by redesignating paragraphs (2) through 

(8) as paragraphs (3) through (9), respectively; and 

•S 94 IS 
87 


36312.070

4 

1 (2) by inserting after paragraph ( 1) the fol2 lowing: 

3 "(2) the term 'public target range' means a 

4 specific location that5 "(A) is identified by a g·overnmental ag:cn6 cy for recreational shooting; 

7 "(B) is open to the public; 

8 "(C) may be supervised; and 

9 "(D) may accommodate archery or rifle, 

10 pistol, or shotgun shooting;". 

11 (b) EXPENDITURES I<'OH l\1ANAGEMENT OF .WILD12 I,IFE AlmAS ~>L'\TD RESOURCES.-Section 8(b) of the Pitt13 man-Robertson Wildlife Restoration Act (16 U.S.C. 

14 669g(b)) is amended15 (1) by striking "(b) Each State" and inserting 

16 the following: 

17 "(b) EXPENDITURES FOR lY1AJ·{AGEIIIENT OF WILDIS LIFE AREAS A;'\D RESOUHCES.-

19 "(1) IN GENERAL.-Except as provided in para20 graph (2), each State"; 

21 (2) in paragraph (1) (as so designated), by 

22 striking "construction, operation," and inserting 

23 "operation"; 

24 (3) in the second sentence, by striking "The 

25 non-Ii'ederal share" and inserting the follm,,ing: 

•S 94 IS 
88 


36312.071

5 

"(3) Nol\'-FEDERAL SHARE.-The non-Federal 

2 share"; 

3 ( 4) in the third sentence, by striking "The Sec4 retary" and inserting the following: 

5 "(4) REGULATIONS.-The Secretary"; and 

6 (5) by inserting after paragraph (1) (as des7 ignated by paragraph (1) of this subsection) the fol8 luwing: 

9 "(2) ExCEP'fiON.-Notwithstanding the limita10 tion described in paragraph (1), a State may pay up 

11 to 90 percent of the cost of acquiring land for, ex12 pan ding, or constructing a public target range.". 

13 (c) FIRJ<JARM AND BOW HUI\'TJ<JR EDUCATION AND 

14 SAFETY PROGRk"Vr GR.At'\TTS.-Section 10 of the Pittman15 Robertson Wildlife Restoration Act (16 U.S.C. 669h-1) 

16 is amended17 ( 1) in subsection (a), by adding at the end the 

18 following: 

19 "(3) ALLOCATION OF ADDI'riONAL Al\IOUN'l'S.-

20 Of the amount apportioned to a State for any fiscal 

21 year under section 4(b), the State may elect to allo22 cate not more than 10 percent, to be combined with 

23 the amount apportioned to the State under para24 graph (1) for that fiscal year, for acquiring land for, 

25 expanding, or constructing a public target range.''; 

•S 94 IS 
89 


36312.072

6 

(2) by striking subsection (b) and inserting the 

2 following: 

3 "(b) COST SHARING.-

4 "(1) IN GENERAL.-Except as provided in paraS graph (2), the Federal share of the cost of any activ6 ity carried out using a grant under this section shall 

7 not exceed 75 percent of the total cost of the activ8 ity. 

9 "(2) PUBLIC TARGET RA1'JGE CONSTRUCTION OR 

10 EXPA-NSION.-The Federal share of the cost of ac11 quiring land for, expanding, or constructing a public 

12 target range in a State on Federal or non-Federal 

13 land pursuant to this section or section S(b) shall 

14 not exceed 90 percent of the cost of the activity."; 

15 and 

16 (3) in subsection (c)(l)-

17 (A) by striking "Amounts made" and m18 serting the following: 

19 "(A) IN GENERAL.-Except as prm'ided m 

20 subparagraph (B), amounts made"; and 

21 (B) by adding at the end the following: 

22 "(B) EXCEPTION.-Amounts provided for 

23 acquiring land for, construeting, or eA.rpanding a 

24 public target range shall remain available for 

25 CA.1)enditure and obligation during the 5-fiscal-

•S 94 IS 
90 


36312.073

2 

3 

7 

year period beginning on October 1 of the first 

fiscal year for which the amounts are made 

available.". 

4 SEC. 5. SENSE OF CONGRESS REGARDING COOPERATION. 

5 It is the sense of Congress that, consistent with appli6 cable laws and regulations, the Chief of the Forest Service 

7 and the Director of the Bureau of Land Management 

8 should cooperate with State and local authorities and 

9 other entities to carry out waste removal and other activ:i10 ties on any Federal land used as a public target range 

11 to encourage continued use of that land for target practice 

12 or marksmanship training. 

0 

•S 94 IS 
91 


36312.074

l\1AZ190G5 

116TH CONGRESS 

1ST SESSION 

S.L.C. 

S.31o 

To amend the Neotropical Migratory Bird Conservation Act to reauthorize 

the Act. 

IN THE SENATE OF THE UNITED STATES 

Mr. CARDIN (for himself, Mr. PORTJ.\IAN, Mr. LEAHY, Mrs. FEINSTEIN, Mr. 

CARPER, Mr. WHITEHOUSE, Mr. UDALJ,, Mr. MERKLEY, Mr. CoONS, l\lr. 

MARKEY, and Mr. VAN HOLLEN) introduced the following bill; whieh was 

read twice and referred to the Committee on _______ _ 

A BILL 

To amend the Neotropical MigTatory Bird Conservation Act 

to reauthorize the Act. 

1 Be it enacted by the Senate and Hou.se of Rep?·esenta2 tives of the United States of AmeTica in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the "Migratory Birds of 

5 the Americas Conservation Act". 
92 


36312.075

l\1AZ19065 S.L.C. 

2 

1 SEC. 2. REAUTHORIZATION OF NEOTROPICAL MIGRATORY 

2 BIRD CONSERVATION ACT. 

3 Section 10 of the Neotropical Migratory Bird Con4 servation Act (16 U.S.C. 6109) is amended to read as fol5 lows: 

6 "SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

7 "(a) IN GENERAL.-rrhere is authorized to be appro8 priated to carry out this Act $6,500,000 for each of fiscal 

9 years 2020 through 2024. 

10 "(b) USE OJ<' :B-,UNDS.-Of the amounts made avail11 able under subsection (a) for each fiscal year, not less than 

12 75 pereent shall be expended for projects earried out at 

13 a location outside of the United States.". 
93 


36312.076

UNITED STATES SENATE· OFFICE OF THE SECRETARY 

NOMINATION REFERENCE AND REPORT RECEIPT 

REF:ERRED TO COMMITTEE: Environment and Public Works HSOB-407 

DATE DELIVERED: January 3, 2019 TRANSMITTED BY E-MAIL 

Departm~rit of Transportation 

PN2 

· Nicol.e R. Nason, of Neit./York, to be Administrator of the Federal HighWay Administration. 

\lice Gregory Gl.JY Nadeau, 
94 


36312.077

UNITED STATES SENATE -OFFICE OF THE SECRETARY 

NOMINATION REFERENCE AND REPORT RECEIPT 

REFERRED TO COMMITTEE: Environment and Public Wor~s 

DATE DELIVERED: Januar¥ 9, · 2019 TRANSMITTED BY E-MAIL 

Environmental Protection Agency 

PN22 

Antirew Wheeler, of VIrginia, to be AdministratorN the Environmentai Protection Ag;mcy; 

vice Scott Pruitt. 
95 


36312.078

UNITED STATES S.ENATE- OFFICE OF THE SECRETARY 

NOMINATION REFERENCE AND REPORT RECEIPT 

REFERRED TO COMMITTEE: Environment and Public Works. HSOB-407 

PATE DELIVERED: January 1 E), 2(}1 s TRANSMITTED BY E-MAIL 

Department of Commerce 

PN78 

~ohn Fleming, of Loui~iana, to be Assistant Secretary of Commerce fot Economic 

Development. vlce RoY K. J: Williams. 

TennesseeVallt;~y Authority 

PN79 

John L Ryder, of Tennessee; to be a Member of the Board of Directors of the. Tennessee 

Valley Authority for a tE;!rm expiring May 18, 2021, vice Michael M~Wherter, term expired. 

Environmental Prot~ioli Agency 

Peter C. Wright, of Michig(ln, to be ASsistant Administrator, Office of Solid Wast~:~. 

Environmental protection Agency, vice Mathy Stanisli:uJs. 
96 


36312.079

HE!\191G3 S.L.C. 

116TH 1ST CONGRESS SESSION s RES !iL 

• • 

Authorizing expenditures by the Committee on Environment and Public 

Works. 

IN THE SENATE OF THE UNITED STATES 

Mr. BARRASSO, from the Committee on Environment and Public Works, 

reported the following original resolution; which was _______ _ 

RESOLUTION 

Authorizing expenditures by the Committee on Environment 

and Public vVorks. 

1 Resolved, 

2 SECTION 1. GENERAL AUTHORITY. 

3 In carrying out its powers, duties, and functions 

4 under the Standing Rules of the Senate, in accordance 

5 with its jurisdiction under rule XXV of the Standing Rules 

6 of the Senate, including holding hearings, reporting such 

7 hearings, and making investigations as authorized by 

8 paragraphs 1 and 8 of rule XXVI of the Standing Rules 

9 of the Senate, the Committee on Environment and Public 

10 Works (in this resolution referred to as the "committee") 
97 


36312.080

HEN191G3 S.L.C. 

2 

1 is authorized from 1\iarelt 1, 2019 through February 28, 

2 2021, in its discretion, to3 (1) make expenditures from the contingent fund 

4 of the Senate; 

5 (2) employ personnel; and 

6 (3) vvith the prior consent of the Government 

7 department or ageney coneerned and the Committee 

8 on Rules and Administration, use on a reimbursable 

9 or nonreimbursable basis the services of personnel of 

10 any such department or agency. 

11 SEC. 2. EXPENSES. 

12 (a) EXPENSES FOR PERIOD ENDING SEPTEMBER 30, 

13 2019.-The e:>..'Penses of the committee for the period 

14 March 1, 2019 through September 30, 2019 under this 

15 resolution shall not exceed $3,183,482, of which amount16 (1) not to exceed $4,666 may be expended for 

17 the procurement of the services of individual consult18 ants, or organizations thereof (as authorized by sec19 tion 202(i) of the Legislative Reorganization Act of 

20 1946 (2 U.S.C. 4301(i))); and 

21 (2) not to exceed $1,166 may be expended for 

22 the training of the professional staff of the com23 mittee (under procedures specified by section 202(j) 

24 of that Act). 
98 


36312.081

HEN191G3 S.hC. 

3 

(b) EXPENSES FOR FISCAL YEAR 2020 PEIUOD.-

2 'l'he expenses of the committee for the period October 1, 

3 2019 through September 30, 2020 under this resolution 

4 shall not exceed $5,457,399, of which amountS (1) not to exceed $8,000 may be expended for 

6 the procurement of the services of individual consult7 ants, or organizations thereof (as authorized by seeS tion 202(i) of the Legislative Reorganization Act of 

9 1946 (2 U.S.C. 4301(i))); and 

10 (2) not to exceed $2,000 may be expended for 

11 the training of the professional staff of the com12 mittee (under procedures specified by section 202(j) 

13 of that Act). 

14 (c) E2!..7ENSES FOR PERIOD ENDING FEBRUARY 28, 

15 2021.-The expenses of the committee for the period Oc16 tober 1, 2020 through February 28, 2021 under this reso17 lution shall not exceed $2,273,917, of which amountIS (1) not to exceed $3,334 may be expended for 

19 the procurement of the services of individual consult20 ants, or organizations thereof (as authorized by sec21 tion 202(i) of the Legislative Reorganization Act of 

22 1946 (2 U.S.C. 4301(i))); and 

23 (2) not to exceed $834 may be mq)ended for the 

24 training of the professional staff of the committee 
99 


36312.082

HEN191G3 S.L.C. 

4 

(under procedures specified by section 202(j) of that 

2 Act). 

3 SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. 

4 (a) EXPENSES OF THE COMMI'l"rEE.-

5 (1) IN GENERAL.-Except as provided in para6 graph (2), expenses of the committee under this res7 olution shall be paid from the contingent fund of the 

8 Senate upon vouchers approved by the chairman of 

9 the committee. 

10 (2) VOUCHERS NOT REQUHlED.-Vouchers shall 

11 not be required for12 (A) the disbursement of salaries of employ13 ees paid at an annual rate; 

14 (B) the payment of telecommunications 

15 provided by the Office of the Sergeant at Arms 

16 and Doorkeeper; 

17 (C) the payment of stationery supplies pur18 chased through the Keeper of the Stationery; 

19 (D) payments to the Postmaster of the 

20 Senate; 

21 (E) the payment of metered charges on 

22 copying equipment provided by the Office of the 

23 Sergeant at Arms and Doorkeeper; 

24 (F) the payment of Senate Recording and 

25 Photographic Services; or 
100 


36312.083

HEN191G3 S.L.C. 

5 

1 (G) the payment of franked and mass mail 

2 costs by the Sergeant at Arms and Doorkeeper. 

3 (b) AGENCY CONTRIBUTIONS.-There are authorized 

4 to be paid from the appropriations account for "E::-.'})enses 

5 of Inquiries and Investigations" of the Senate such sums 

6 as may be necessary for agency contributions related to 

7 the compensation of employees of the committeeS (1) for the period March 1, 2019 through Sep9 tember 30, 2019; 

10 (2) for the period October 1, 2019 through Sep11 tember 30, 2020; and 

12 (3) for the period October 1, 2020 through 

13 February 28, 2021. 
101 


36312.084

COMMITTEE RESOLUTION 

LEASE 

U.S. DEPARMENT OF VETERANS AFFAIRS 

SAN DIEGO, CA 

PCA-01-VA19 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, a prospectus providing for a lease of approximately 99,986 net 

usable square feet of space, including approximately 550 parking spaces, for the U.S. Department of 

Veterans Affairs for a Community Based Outpatient Clinic in San Diego, California, at a proposed 

unserviced annual cost of$5,844,182, for a lease of term of up to 20 years, a description of which is 

attached hereto and by reference made part of this resolution, is approved. This resolution amends the 

Prospectus No. PCA-0 1-VA 17 approved by the Committee on November 29, 2017. 

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, 

prior to execution of the new lease. 

Provided, that to the maximum extent practicable, the Administrator of General Services shall require that 

the procurement include energy efficiency requirements as would be required for the construction of a 

federal building. 

Provided fUrther, that the Administrator shall require that the delineated area of the procurement is 

identical to the delineated area included in the prospectus, except that, if the Administrator determines 

that the delineated area of the procurement should not be identical to the delineated area included in the 

prospectus, the Administrator shall provide an explanatory statement to the Committee on Environment 

and Public Works of the United States Senate prior to exercising any lease authority provided in this 

resolution. 

Provided fUrther, that the Administrator shall provide to the Chairman or Ranking Member of the 

Committee on Environment and Public Works of the Senate, in a timely manner, requested documents 

and information regarding this prospectus and resulting contractual materials, without redaction other 

than redactions to exclude business confidential, proprietary, and/or procurement sensitive information. 

Provided further, the Administrator of General Services may not enter into this lease if it does not contain 

a provision barring any individual holding a Federally-elected office, regardless of whether such 

individual took office before or after execution of this lease, to directly participate in, or benefit from or 

under this lease or any part thereof and that such provision provide that if this lease is found to have been 

made in violation of the foregoing prohibition or it is found that this prohibition has been violated during 

the term of the lease, the lease shall be void, except that the foregoing limitation shall not apply if the 

lease is entered into with a publicly-held corporation or publicly-held entity for the general benefit of such 

corporation or entity. 

Provided fUrther, prior to entering into this lease or approving a novation agreement involving a change 

of ownership under this lease, the Administrator of General Services shall require the offeror or the 

parties requesting the novation, as applicable, to identifY and disclose whether the owner of the leased 

space, including an entity involved in the financing thereof, is a foreign person or a foreign-owned entity; 

provided further, in such an instance, the Administrator of General Services shall notif'y the occupant 
102 


36312.085

agency(ies) in writing, and consult with such occupant agency(ies) regarding security concerns and 

necessary mitigation measures (if any) prior to award of the lease or approval of the novation agreement. 

Chairman Ranking Member 

Adopted: February 5, 2019 
103 


36312.086

COMMITTEE RESOLUTION 

LEASE 

DEPARTMENT OF HOMELAND SECURITY 

SECRET SERVICE 

l!ROOKLYN,NY 

PNY-04-BR18 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, a prospectus providing for a lease of approximately 92,210 

rentable square feet of space, for the Department of Homeland Security (DHS}-Secret Service (USSS) 

currently located in the Renaissance Plaza Building at 335 Adams Street in Brooklyn, New York at a 

proposed total annual cost of$5,593,459 for a lease term of up to 5 years, a description of which is 

attached hereto and by reference made part of this resolution, is approved. 

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, 

prior to execution of the new lease. 

Provided, that to the maximum extent practicable, the Administrator of General Services shall require that 

the procurement include energy efficiency requirements as would be required for the construction of a 

federal building. 

Provided further, that the Administrator shall require that the delineated area of the procurement is 

identical to the delineated area included in the prospectus, except that, if the Administrator determines 

that the delineated area of the procurement should not be identical to the delineated area included in the 

prospectus, the Administrator shall provide an explanatory statement to the Committee on Environment 

and Public Works of the United States Senate prior to exercising any lease authority provided in this 

resolution. 

Provided further, that the Administrator shall provide to the Chairman or Ranking Member of the 

Committee on Environment and Public Works of the Senate, in a timely manner, requested documents 

and information regarding this prospectus and resulting contractual materials, without redaction other 

than redactions to exclude business confidential, proprietary, and/or procurement sensitive information. 

Provided fUrther, the Administrator of General Services may not enter into this lease if it does not contain 

a provision barring any individual holding a Federally-elected office, regardless of whether such 

individual took office before or after execution of this lease, to directly participate in, or benefit from or 

under this lease or any part thereof and that such provision provide that if this lease is found to have been 

made in violation of the foregoing prohibition or it is found that this prohibition has been violated during 

the term of the lease, the lease shall be void, except that the foregoing limitation shall not apply if the 

lease is entered into with a publicly-held corporation or publicly-held entity for the general benefit of such 

corporation or entity. 

Provided further, prior to entering into this lease or approving a novation agreement involving a change 

of ownership under this lease, the Administrator of General Services shall require the offeror or the 

parties requesting the novation, as applicable, to identifY and disclose whether the owner of the leased 

space, including an entity involved in the financing thereof, is a foreign person or a foreign-owned entity; 

provided further, in such an instance, the Administrator of General Services shall notify the occupant 
104 


36312.087

agency(ies) in writing, and consult with such occupant agency(ies) regarding security concerns and 

necessary mitigation measures (if any) prior to award of the lease or approval of the novation agreement. 

Provided further, that the Administrator shall not delegate to any other agency the authority granted by 

this resolution. 

Chairman Ranking Member 

Adopted: February 5, 2019 
105 


36312.088

COMMITTEE RESOLUTION 

NEW U.S. COURTHOUSE 

HUNTSVILLE, AL 

PAL-CTC-HU18 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, a prospectus providing for the site work, design, and construction 

of a new U.S. Courthouse of approximately 123, I 00 gross square feet, including approximately 26 

parking spaces, in Huntsville, Alabama at a site work cost of$1,150,000, a design cost of$6,504,000, an 

estimated construction cost of $73,799,000, and a management and inspection cost of $5,010,000 for a 

total estimated project cost of$86,463,000, a description of which is attached hereto and by reference 

made part of this resolution, is approved. 

Provided, that the Administrator shall provide to the Chairman or Ranking Member of the Committee on 

Environment and Public Works of the Senate, in a timely manner, requested documents and information 

regarding this prospectus and resulting contractual materials, without redaction other than redactions to 

exclude business confidential, proprietary, and/or procurement sensitive information. 

Provided further, that the Administrator shall not delegate to any other agency the authority granted by 

this resolution. 

Chairman Ranking Member 

Adopted: February 5, 2019 
106 


36312.089

COMMITTEE RESOLUTION 

NEW U.S. COURTHOUSE 

FORT LAUDERDALE, FL 

PFL-CTC-FL18 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, a prospectus providing for the site acquisition and related site 

work, design, and construction of a new U.S. Courthouse of approximately 255,000 gross square feet, 

including approximately 50 inside parking spaces, in Fort Lauderdale, Florida, at a site cost of 

$15,675,000, a design cost of$12,670,000, an estimated construction cost of$152,365,000, and a 

management and inspection cost of$9,290,000 for a total estimated project cost of$190,000,000, a 

description of which is attached hereto and by reference made part of this resolution, is approved. 

Provided, that the Administrator shall provide to the Chairman or Ranking Member of the Committee on 

Environment and Public Works of the Senate, in a timely manner, requested documents and information 

regarding this prospectus and resulting contractual materials, without redaction other than redactions to 

exclude business confidential, proprietary, and/or procurement sensitive information. 

Provided further, that the Administrator shall not delegate to any other agency the authority granted by 

this resolution. 

Chairman Ranking Member 

Adopted: February 5, 2019 
107 


36312.090

COMMITTEE RESOLUTION 

LEASE 

SECURITIES AND EXCHANGE COMMISSION 

NEW YORK, NY 

PNY-05-NYI9 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, a prospectus providing for a lease of approximately 207,000 

rentable square feet of space for the Securities and Exchange Conunission currently located at 200 Vesey 

Street in New York, New York at a proposed total annual cost of $14,332,680 for a lease term of up to 20 

years, a description of which is attached to and included in this resolution, is approved. 

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, 

prior to execution of the new lease. 

Provided, that to the maximum extent practicable, the Administrator of General Services shall require that 

the procurement include energy efficiency requirements as would be required for the construction of a 

federal building. 

Provided fUrther, that the Administrator shall require that the delineated area of the procurement is 

identical to the delineated area included in the prospectus, except/hot, if the Administrator determines 

that the delineated area of the procurement should not be identical to the delineated area included in the 

prospectus, the Administrator shall provide an explanatory statement to the Conunittee on Environment 

and Public Works of the United States Senate prior to exercising any lease authority provided in this 

resolution. 

Provided further, that the Administrator shall provide to the Chairman or Ranking Member of the 

Conunittee on Environment and Public Works of the Senate, in a timely manner, requested documents 

and information regarding this prospectus and resulting contractual materials, without redaction other 

than redactions to exclude business confidential, proprietary, and/or procurement sensitive information. 

Provided fUrther, the Administrator of General Services may not enter into this lease if it does not contain 

a provision barring any individual holding a Federally-elected office, regardless of whether such 

individual took office before or after execution of this lease, to directly participate in, or benefit from or 

under this lease or any part thereof and that such provision provide that if this lease is found to have been 

made in violation of the foregoing prohibition or it is found that this prohibition has been violated during 

the term of the lease, the lease shall be void, except that the foregoing limitation shall not apply if the 

lease is entered into with a publicly-held corporation or publicly-held entity for the general benefit of such 

corporation or entity. 

Provided further, prior to entering into this lease or approving a novation agreement involving a change 

of ownership under this lease, the Administrator of General Services shall require the offeror or the 

parties requesting the novation, as applicable, to identifY and disclose whether the owner of the leased 

space, including an entity involved in the financing thereof, is a foreign person or a foreign-owned entity; 

provided further, in such an instance, the Administrator of General Services shall notifY the occupant 

agency(ies) in writing, and consult with such occupant agency(ies) regarding security concerns and 

necessary mitigation measures (if any) prior to award of the lease or approval of the novation agreement. 
108 


36312.091

Chairman Ranking Member 

Adopted: February 5, 2019 
109 


36312.092

AMENDED COMMITTEE RESOLUTION 

CONSTRUCTION 

U.S. LAND PORT OF ENTRY 

CALEXICO, CA 

PCA-BSC-CA19 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, additional appropriations are authorized for Phase II of a twophase project to reconfigure and expand the existing land port of entry in Calexico, California at an 

additional design cost of$970,000, an additional estimated construction cost of$14,847,000 and a 

reduction of management and inspection cost of$1,625,000 for a total additional cost of$14,192,000, a 

prospectus for which is attached to and included in this resolution. This resolution amends the 

authorization of the Committee on April 28, 2015 of Prospectus No. PCA -BSC-CA 15. 

Provided, that the Administrator shall provide to the Chairman or Ranking Member of the Committee on 

Environment and Public Works of the Senate, in a timely manner, requested documents and information 

regarding this prospectus and resulting contractual materials, without redaction other than redactions to 

exclude business confidential, proprietary, and/or procurement sensitive information. 

Provided further, that the Administrator shall not delegate to any other agency the authority granted by 

this resolution. 

Chairman Ranking Member 

Adopted: February 5, 2019 
110 


36312.093

116th Congress } 

1st Session COMMITTEE PRINT { 

RULES OF PROCEDURE 

OF THE 

S.PRT 

116-1 

COMMITTEE ON 

ENVIRONMENT AND PUBLIC WORKS 

UNITED STATES SENATE 

ADOPTED FEBRUARY 5, 2019 

Printed for the use of the Senate Committee on Environment and Public 

Works 

34--134 PDF 

U.S. GOVERNMENT PUBLISHING OFFICE 

WASHINGTON : 2019 
111 


36312.094

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS 

ONE HUNDRED SIXTEENTH CONGRESS, FIRST SESSION 

JOHN BARRASSO, Wyoming, Chairman 

JAMES M. INHOFE, Oklahoma THOMAS R. CARPER, Delaware 

SHELLEY MOORE CAPITO, West Virginia BENJAMIN L. CARDIN, Maryland 

KEVIN CRAMER, North Dakota BERNARD SANDERS, Vermont 

MIKE BRAUN, Indiana SHELDON WHITEHOUSE, Rhode Island 

MIKE ROUNDS, South Dakota JEFF MERKLEY, Oregon 

DAN SULLIVAN, Alaska KIRSTEN GILLIBRAND, New York 

JOHN BOOZMAN, Arkansas CORY A. BOOKER, New Jersey 

ROGER WICKER, Mississippi EDWARD J. MARKEY, Massachusetts 

RICHARD SHELBY, Alabama TAMMY DUCKWORTH, Illinois 

JONI ERNST, Iowa CHRIS VAN HOLLEN, Maryland 

RICHARD M. RUSSELL, Majority Staff Director 

MARY FRANCES REPKO, Minority Staff Director 

(II) 
112 


36312.095

COMMITTEE ON ENVIRONMENT AND 

PUBLIC WORKS 

Jurisdiction 

Rule XXV, Standing Rules of the Senate 

1. The following standing committees shall be appointed at the 

commencement of each Congress, and shall continue and have the 

power to act until their successors are appointed, with leave to report by bill or otherwise on matters within their respective jurisdictions: 

* * * * * * * (h)(l) Committee on Environment and Public Works, to which 

committee shall be referred all proposed legislation, messages, petitions, memorials, and other matters relating to the following subjects: 

1. Air pollution. 

2. Construction and maintenance of highways. 

3. Environmental aspects of Outer Continental Shelf lands. 

4. Environmental effects of toxic substances, other than pesticides. 

5. Environmental policy. 

6. Environmental research and development. 

7. Fisheries and wildlife. 

8. Flood control and improvements of rivers and harbors, including environmental aspects of deepwater ports. 

9. Noise pollution. 

10. Nonmilitary environmental regulation and control of nuclear 

energy. 

11. Ocean dumping. 

12. Public buildings and improved grounds of the United States 

generally, including Federal buildings in the District of Columbia. 

13. Public works, bridges, and dams. 

14. Regional economic development. 

15. Solid waste disposal and recycling. 

16. Water pollution. 

17. Water resources. 

(2) Such committee shall also study and review, on a comprehensive basis, matters relating to environmental protection and resource utilization and conservation, and report thereon from time 

to time. 

(1) 
113 


36312.096

2 

RULES OF PROCEDURE 

RULE 1. COMMI'ITEE MEETINGS IN GENERAL 

(a) REGULAR MEETING DAYS: For purposes of complying with 

paragraph 3 of Senate Rule XXVI, the regular meeting day of the 

committee is the first and third Thursday of each month at 10:00 

a.m. If there is no business before the committee, the regular meeting shall be omitted. 

(b) ADDITIONAL MEETINGS: The chair may call additional meetings, after consulting with the ranking minority member. Subcommittee chairs may call meetings, with the concurrence of the 

chair, after consulting with the ranking minority members of the 

subcommittee and the committee. 

(c) PRESIDING OFFICER: 

(1) The chair shall preside at all meetings of the committee. 

If the chair is not present, the ranking majority member shall 

preside. 

(2) Subcommittee chairs shall preside at all meetings of their 

subcommittees. If the subcommittee chair is not present, the 

ranking majority member of the subcommittee shall preside. 

(3) Notwithstanding the rule prescribed by paragraphs (1) 

and (2), any member of the committee may preside at a hearing. 

(d) OPEN MEETINGS: Meetings of the committee and subcommittees, including hearings and business meetings, are open to the 

public. A portion of a meeting may be closed to the public if the 

committee determines by roll call vote of a majority of the members 

present that the matters to be discussed or the testimony to be 

taken-

(1) will disclose matters necessary to be kept secret in the interests of national defense or the confidential conduct of the 

foreign relations of the United States; 

(2) relate solely to matters of committee staff personnel or 

internal staff management or procedure; or 

(3) constitute any other grounds for closure under paragraph 

5(b) of Senate Rule XXVI. 

(e) BROADCASTING: 

(1) Public meetings of the committee or a subcommittee may 

be televised, broadcast, or recorded by a member of the Senate 

press gallery or an employee of the Senate. 

(2) Any member of the Senate Press Gallery or employee of 

the Senate wishing to televise, broadcast, or record a committee meeting must notify the staff director or the staff director's designee by 5:00p.m. the day before the meeting. 

(3) During public meetings, any person using a camera, 

microphone, or other electronic equipment may not position or 

use the equipment in a way that interferes with the seating, 

vision, or hearing of committee members or staff on the dais, 

or with the orderly process of the meeting. 

RULE 2. QUORtJMS 

(a) BUSINESS MEETINGS: At committee business meetings, and for 

the purpose of approving the issuance of a subpoena or approving 
114 


36312.097

3 

a committee resolution, seven members of the committee, at least 

two of whom are members of the minority party, constitute a 

quorum, except as provided in subsection (d). 

(b) SUBCOMMITTEE MEETINGS: At subcommittee business meetings, a majority of the subcommittee members, at least one of 

whom is a member of the minority party, constitutes a quorum for 

conducting business. 

(c) CONTINUING QUORUM: Once a quorum as prescribed in subsections (a) and (b) has been established, the committee or subcommittee may continue to conduct business. 

{d) REPORTING: No measure or matter may be reported to the 

Senate by the committee unless a majority of committee members 

cast votes in person. (e) HEARINGS: One member constitutes a quorum for conducting 

a hearing. 

RULE 3. HEARINGS 

(a) ANNOUNCEMENTS: Before the committee or a subcommittee 

holds a hearing, the chair of the committee or subcommittee shall 

make a public announcement and provide notice to members of the 

date, place, time, and subject matter of the hearing. The announcement and notice shall be issued at least one week in advance of the 

hearing, unless the chair of the committee or subcommittee, with 

the concurrence of the ranking minority member of the committee 

or subcommittee, determines that there is good cause to provide a 

shorter period, in which event the announcement and notice shall 

be issued at least twenty-four hours in advance of the hearing. (b) STATEMENTS OF WITNESSES: 

(1) A witness who is scheduled to testify at a hearing of the 

committee or a subcommittee shall file 100 copies of the written testimony at least 48 hours before the hearing. If a witness 

fails to comply with this requirement, the presiding officer may preclude the witness' testimony. This rule may be waived for 

field hearings, except for witnesses from the Federal Government. 

(2) Any witness planning to use at a hearing any exhibit 

such as a chart, graph, diagram, photo, map, slide, or model 

must submit one identical copy of the exhibit (or representa- tion of the exhibit in the case of a model) and 100 copies reduced to letter or legal paper size at least 48 hours before the 

hearing. Any exhibit described above that is not provided to 

the committee at least 48 hours prior to the hearing cannot be 

used for purpose of presenting testimony to the committee and 

will not be included in the hearing record. 

(3) The presiding officer at a hearing may have a witness 

confine the oral presentation to a summary of the written testimony. 

(4) Notwithstanding a request that a document be embargoed, any document that is to be discussed at a hearing, including, but not limited to, those produced by the General Accounting Office, Congressional Budget Office, Congressional Research Service, a Federal agency, an Inspector General, or 

a nongovernmental entity, shall be provided to all members of 

the committee at least 72 hours before the hearing. 
115 


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4 

RULE 4. BUSINESS MEETINGS: NOTICE AND FILING REQUIREMENTS 

(a) NOTICE: The chair of the committee or the subcommittee shall 

provide notice, the agenda of business to be discussed, and the text 

of agenda items to members of the committee or subcommittee at 

least 72 hours before a business meeting. If the 72 hours falls over 

a weekend, all materials will be provided by close of business on 

Friday. 

(b) AMENDMENTS: First-degree amendments must be filed with 

the chair of the committee or the subcommittee at least 24 hours 

before a business meeting. Mter the filing deadline, the chair shall 

promptly distribute all filed amendments to the members of the 

committee or subcommittee. 

(c) MODIFICATIONS: The chair of the committee or the subcommittee may modify the notice and filing requirements to meet 

special circumstances, with the concurrence of the ranking member 

of the committee or subcommittee. 

RULE 5. BUSINESS MEETINGS: VOTING 

(a) PROXY VOTING: 

(1) Proxy voting is allowed on all measures, amendments, 

resolutions, or other matters before the committee or a subcommittee. 

(2) A member who is unable to attend a business meeting 

may submit a proxy vote on any matter, in writing, orally, or 

through personal instructions. 

(3) A proxy given in writing is valid until revoked. A proxy 

given orally or by personal instructions is valid only on the day 

given. 

(b) SUBSEQUENT VOTING: Members who were not present at a 

business meeting and were unable to cast their votes by proxy may 

record their votes later, so long as they do so that same business 

day and their vote does not change the outcome. 

(c) PuBLIC ANNOUNCEMENT: 

(1) Whenever the committee conducts a rollcall vote, the 

chair shall announce the results of the vote, including a tabulation of the votes cast in favor and the votes cast against the 

proposition by each member of the committee. 

(2) Whenever the committee reports any measure or matter 

by rollcall vote, the report shall include a tabulation of the 

votes cast in favor of and the votes cast in opposition to the 

measure or matter by each member of the committee. 

RULE 6. SUBCOMMITTEES 

(a) REGULARLY ESTABLISHED SUBCOMMITTEES: The committee 

has four subcommittees: Transportation and Infrastructure; Clean 

Air and Nuclear Safety; Superfund, Waste Management, and Regulatory Oversight; and Fisheries, Water, and Wildlife. 

(b) MEMBERSHIP: The committee chair, after consulting with the 

ranking minority member, shall select members of the subcommittees. 
116 


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5 

RULE 7. STATUTORY RESPONSIBILITIES AND OTHER MATTERS 

(a) ENVIRONMENTAL IMPACT STATEMENTS: No project or legislation proposed by any executive branch agency may be approved or 

otherwise acted upon unless the committee has received a final environmental impact statement relative to it, in accordance with section 102(2)(C) of the National Environmental Policy Act, and the 

written comments of the Administrator of the Environmental Protection Agency, in accordance with section 309 of the Clean Air Act. 

This rule is not intended to broaden, narrow, or otherwise modifY 

the class of projects or legislative proposals for which environmental impact statements are required under section 102(2)(C). 

(b) PROJECT APPROVALS: 

(1) Whenever the committee authorizes a project under Public Law 89-298, the Rivers and Harbors Act of 1965; Public 

Law 83-566, the Watershed Protection and Flood Prevention 

Act; or Public Law 86-249, the Public Buildings Act of 1959, as 

amended; the chairman shall submit for printing in the Congressional Record, and the committee shall publish periodically 

as a committee print, a report that describes the project and 

the reasons for its approval, together with any dissenting or individual views. 

(2) Proponents of a committee resolution shall submit appropriate evidence in favor of the resolution. 

(c) BUILDING PROSPECTUSES: 

(1) When the General Services Administration submits a prospectus, pursuant to section 7(a) of the Public Buildings Act of 

1959, as amended, for construction (including construction of 

buildings for lease by the government), alteration and repair, 

or acquisition, the committee shall act with respect to the prospectus during the same session in which the prospectus is 

submitted. 

A prospectus rejected by majority vote of the committee or 

not reported to the Senate during the session in which it was 

submitted shall be returned to the General Services Administration and must then be resubmitted in order to be considered 

by the committee during the next session of the Congress. 

(2) A report of a building project survey submitted by the 

General Services Administration to the committee under section ll(b) of the Public Buildings Act of 1959, as amended, 

may not be considered by the committee as being a prospectus 

subject to approval by committee resolution in accordance with 

section 7(a) of that Act. A project described in the report may 

be considered for committee action only if it is submitted as a 

prospectus in accordance with section 7(a) and is subject to the 

provisions of paragraph (1) of this rule. 

(d) NAMING PUBLIC FACILITIES: The committee may not name a 

building, structure or facility for any living person, except former 

Presidents or former Vice Presidents of the United States, former 

Members of Congress over 70 years of age, former Justices of the 

United States Supreme Court over 70 years of age, or Federal 

judges who are fully retired and over 75 years of age or have taken 

senior status and are over 75 years of age. 
117 

Æ 


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6 

RULE 8. AMENDING THE RULES 

The rules may be added to, modified, amended, or suspended by 

vote of a majority of committee members at a business meeting if 

a quorum is present. 

0